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Home My WebLink About02 CC MINUTES 02.18.20Agenda Item 2 Reviewed: City Manager ENY Finance Director N/A CITY OF TUSTIN REGULAR FEBRUARY 18, 2020 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Oman kh. Letitia Clark, Mayor Pro Tem Matthew S. West, City Manager/ Charles E. Puckett, Council Member Dr. Allan Bernstein, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2469 at 5:31 p.m. ROLL CALL — City Clerk Present: Mayor Dr. Allan Bernstein and Council Members Charles E. Puckett, Barry W. Cooper and Austin Lumbard Absent: Mayor Pro Tem Letitia Clark City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney, Matthew S. West, City Manager PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-4 on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION -Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) City Council February 18, 2020 Meeting Minutes Page 1 of 8 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (2 cases) A. Property Address/Description 430-252-05 Agency City of Tustin City Negotiators Matthew S. West, City Manager; Jerry Craig, Deputy Director of Economic Development Negotiating Parties OUTFRONT Media, Collin Smith, Vice President — National Real Estate Group Under Negotiation Price and Terms of Payment B. Property Address/Description Lease of 430-371-27, 28, 430-381-38, 43, 65, 66, 67, 74 Agency City of Tustin City Negotiators Matthew S. West, City Manager; & Christopher Koster, Deputy Director of Economic Development Negotiating Parties Saunders Property Company/Jameson Company/Werdin Partners - Russell Werdin, President Under Negotiation Price and Terms of Payment Recessed at 5:32 p.m. Mayor Pro Tem Clark arrived at 5:32 p.m. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2469 at 7:04 p.m. INVOCATION — Rabbi Elie Spitz, Congregation B'nai Israel PLEDGE OF ALLEGIANCE — Mayor Pro Tem Clark City Council February 18, 2020 Meeting Minutes Page 2 of 8 CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council gave direction to its Real Property Negotiators. Other than that, there was no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. Dennis Tase, Tustin Ranch Estates HOA 2. Peter Cohen, Tustin Ranch Estates HOA CONSENT CALENDAR ITEMS 1-8 — It was moved by Council Member Puckett and seconded by Mayor Pro Tem Clark to approve the Consent Calendar as recommended by staff. Motion carried: 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 4, 2020. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 4, 2020. 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Motion: It is recommended that the City Council approve Payroll in the amount of $817,094.72; and Demands in the amount of $5,557,591.50. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized City Council February 18, 2020 Meeting Minutes Page 3 of 8 investment and certifying its compliance with the adopted Investment Policy. Motion: Receive and file. 5. AWARD CONTRACT FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT PROJECT (CIP NO. 60114) Staff is recommending that the City Council award the construction contract for the Simon Ranch Reservoir, Booster Pump Station, and Pipeline Replacement Project (CIP No. 60114) to the lowest responsive/responsible bidder, Pacific Hydrotech Corporation. Motion: It is recommended that the City Council: 1. Award the construction contract for the Simon Ranch Reservoir, Booster Pump Station, and Pipeline Replacement Project (CIP No. 60114) to the lowest responsive/responsible bidder, Pacific Hydrotech Corporation, in the amount of $12,599,070.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City, and 2. Appropriate $776,200 from Operating Reserves (Fund 300), $5,974,800 from Capital Reserves (Fund 301), and $289,000 from 2001 Water Bond Fund balance (Fund 305). 6. ADOPT RESOLUTION NO. 20-09 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2020-2021 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 20-09 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2020-2021. Motion: It is recommended that the City Council adopt Resolution No. 20-09 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2020-2021. RESOLUTION NO. 20-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2020-2021 7. CANCELLATION OF THE AUGUST 4, 2020 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the August 4, 2020 City Council meeting. City Council February 18, 2020 Meeting Minutes Page 4 of 8 Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting on August 4, 2020. The City Council hereby waives notice of said meeting as required by Government Code §54954. 8. APPOINTMENT OF CITY TREASURER The City Council temporarily appointed the City Manager as City Treasurer until such time they appoint another individual as City Treasurer, with the understanding that the next Director of Finance would take on this role upon the start of his/her employment. Now that a new Director of Finance has been hired by the City, staff recommends that the City Council appoint this individual as City Treasurer. Motion: Appoint the incoming Director of Finance as the City Treasurer, effective February 24, 2020. REGULAR BUSINESS ITEM 9 9. DISPOSITION AND DEVELOPMENT AGREEMENT WITH FAMILY PROMISE OF ORANGE COUNTY, INC. FOR 1941 EL CAMINO REAL Deputy Director of Economic Development Jerry Craig provided a PowerPoint presentation. Request for approval to enter into a Disposition and Development Agreement (DDA) between the City of Tustin (City), Tustin Housing Authority (Housing Authority) and Family Promise of Orange County, Inc. (Family Promise) for 1941 EI Camino Real. In partnership with HomeAid Orange County, Family Promise will build seven (7) units to provide transitional housing for homeless families. It was moved by Council Member Puckett and seconded by Council Member Cooper to authorize the City Manager and Housing Authority Executive Director to execute the DDA between the City, Housing Authority and Family Promise of Orange County, Inc., subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City Attorney and approved by the City Manager/Executive Director. Motion carried: 5-0 OTHER BUSINESS/CITY MANAGER REPORT Sergeant Sarah Fetterling, Lieutenant Manny Arzate, Orange County Fire Authority Division IV Chief Phil Johnson, Lieutenant Ryan Coe, and City Manager Matthew S. West provided a report on the Chatham Village Apartments fire and response by the City and Red Cross. Keypoints of Presentation City Council February 18, 2020 Meeting Minutes Page 5 of 8 Chatham Village Apartments fire occurred on February 12, 2020; 120 Orange County Fire Authority (OCFA) firefighters were on scene putting out the fire; 80 Tustin Police Department personal assisted with the incident; 85 residents were displaced; there were only two (2) minor civilian injuries; the Tustin Area Senior Center was opened as an Emergency Shelter for 62 of the 85 displaced residents; daily amenities of the emergency shelter included three (3) meals a day, access to showers and laundry, school transportation, resource and assistance information; city staff assisted the American Red Cross with the coordination and logistics of the Emergency Shelter; the Tustin Police Department worked hand in hand with OCFA Arson Investigators to locate the suspect who started the fire; the suspect was arrested the same day as the fire. City Manager Matthew S. West Congratulated all city staff including Tustin Police Department, Parks and Recreation Department, Public Works Department, Community Development Department and City Manager's Office for an amazing job of working together to get through the Chatham Village Apartments fire emergency incident; thanked everyone for their hard work and dedication to the Tustin community; expressed he is very proud to work for the City of Tustin. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper Thanked everyone who assisted with the Chatham Village Apartments Fire; visited the emergency shelter at the Tustin Area Senior Center; learned a lot from the American Red Cross; was a miracle that no one was seriously injured; observed how hard the Parks and Recreation Department worked during this time, especially the Director of Parks and Recreation Chad Clanton, Recreation Supervisor Vanessa Osborn, Recreation Coordinator Garrison DeVine, Recreation Facilities Leads Tom Scavuzzo and Israel Preciado; thanked former Parks and Recreation employee Paul Kohen for his help and volunteering his time; thanked the Orange County Rescue Mission for their assistance and Soledad Ramirez and her organization for all their help and dedication; thanked Tustin residents for all their donations; honored to see how the Tustin community came together during this emergency. Council Member Lumbard Echoed Council Member Cooper's comments regarding the Chatham Village Apartments fire emergency; thanked staff, the non-profit organizations, neighboring agencies and residents who helped and assisted with the incident; was a testament to the first responders, staff, and community that there was no loss of life during the fire; Tustin is a very special community that will continue to help and support the victims who were misplaced by the fire. Council Member Puckett Thanked everyone who was rescued, helped, and assisted with the Chatham Village Apartments fire emergency; thanked the first responders, staff, and community for all their hard work; Tustin is a very compassionate city; sincerely thanked the Orange County Fire Authority, Tustin Police Department, and all the staff involved with the emergency. City Council February 18, 2020 Meeting Minutes Page 6 of 8 Mayor Pro Tem Clark Thanked everyone who was involved with the help and assistance of the Chatham Village Apartments fire emergency; very impressed with how all organizations and staff came together; is a testament to how tight the Tustin community is; thanked the Orange County Fire Authority, Tustin Police Department, and all the organizations involved with the emergency; thanked city staff who spent the night at the emergency shelter. Mayor Bernstein Announced the Chatham Village Apartments fire was a tragedy which turned into a triumph; proud to see a strong camaraderie between the Tustin Police Department and the Orange County Fire Authority; they put the residents safety first, before anything; honored to see how hard the Parks and Recreation Department worked transforming the Tustin Area Senior Center into an emergency shelter; thanked the Director of Parks and Recreation, Chad Clanton, and the Tustin Area Senior Center staff for providing such great service and care to the victims and working so closely with the American Red Cross; was a miracle there was no loss of life with the fire. ADJOURNED IN MEMORY OF THE HONORABLE RONALD B. HOESTEREY On February 11th, Ronald B. Hoesterey, loving husband, father and grandfather passed away at age 70 in Greenville, Texas. Ron was born in Rochester, N.Y. in 1950. He grew up in California where he married his high-school sweetheart, Joan M. Burkhart in 1970. They raised their sons, Sean and Kevin, in Orange County, then followed their dreams to Greenville, Texas in 2010 to build the Flying Double H Ranch. Ron is survived by his wife, son Sean and daughter-in-law Melissa, grandchildren Stetson and Calli. Wherever he lived, Ron served as both a community and business leader. He served the City of Tustin as City Councilman from 1980 to 1989 and Mayor in 1983 and 1988, owned a manufacturing business, and served as executive director of California Furniture Manufacturers Association. With his contagious smile and joyful nature, Ron brought excitement, encouragement, perspective, and hope to the people he met. He touched countless lives with his warmth, quick wit, and great storytelling natural gifts that led him to become a life coach, columnist, radio host, author, and sought-after public speaker. His book "I Did Not Plan That!" continues to inspire others "to make life work when plans don't" sharing his motto for The Greater Journey: "Life is not a problem to be solved it's an adventure to be lived!" A memorial service was held on February 15th and the burial will be held in the Santa Ana Cemetery on March 7th City Council February 18, 2020 Meeting Minutes Page 7 of 8 ADJOURNED at 8:01 p.m. The next meeting is scheduled on Tuesday, March 3, 2020 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council February 18, 2020 Meeting Minutes Page 8 of 8