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HomeMy WebLinkAboutCC MINUTES 03-03-20 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 CITY OF TUSTIN REGULAR MARCH 3, 2020 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Letitia Clark, Mayor Pro Tem Charles E. Puckett, Council Member Dr. Allan Bernstein, Mayor Matthew S. West, City Manager 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 #2470 at 5.32 p.m. ROLL CALL — City Clerk Present- Mayor Dr. Allan Bernstein and Council Members Charles E. Puckett and Barry W. Cooper Absent- Mayor Pro Tem Letitia Clark and Council Member Lumbard 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 1-5 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) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to City Council March 3, 2020 Meeting Minutes Page 1 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 Government Code § 54956.9(a): (2 cases) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court Case No. 30-2019-01113056-CU-PT-CXC 4. LIABILITY CLAIMS — [Government Code § 54956.95]: (2 cases) A. Claim No. 19-41 , Claim of John Polny B. Claim No. 20-01 , Claim of Thomas Lillig 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property 430-252-05 Address/Description 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 Recessed at 5:33 p.m. Council Member Lumbard arrived at 5:33 p.m. Mayor Pro Tem Clark arrived at 6:05 p.m. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2470 at 7:02 p.m. INVOCATION — Pastor Tony Wood, Mission Bible Church PLEDGE OF ALLEGIANCE — Council Member Lumbard PRESENTATION — Mayor Bernstein presented a Certificate of Recognition to Angel Aviles City Council March 3, 2020 Meeting Minutes Page 2 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 in honor of 30 Years of Service. CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously denied Claim Nos. 19-41 and 20-01 . Other than that, there was no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — None CONSENT CALENDAR ITEMS 1-9 — 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 18, 2020. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 18, 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 $792,118.42; and Demands in the amount of $6,526,278.98. 4. 2019 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR FOR MCAS TUSTIN SPECIFIC PLAN The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing City Council March 3, 2020 Meeting Minutes Page 3 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 development, maintenance, and improvement. In addition, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS -Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires annual review to ensure compliance with required mitigations. On February 25, 2020, the Planning Commission reviewed the General Plan Annual Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and authorized staff to forward the reports to the City Council. With Council authorization, staff will forward the General Plan Annual Report to HCD in fulfillment of the State's requirement, and receive and file the Annual Tustin Legacy Mitigation Monitoring Status Report. Motion: That the City Council: 1. Authorize staff to forward the General Plan Annual Report to the State Office of Planning and Research and HCD; and 2. Receive and file the Annual Mitigation Monitoring Status Report and authorize staff to submit a subsequent report when considerable and significant activities occur. 5. 2018-2019 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT The 1980 amendments to the National Historic Preservation Act of 1966 provided for the establishment of a Certified Local Government Program (CLG) to encourage the participation of local governments in the identification, evaluation, registration, and preservation of historic properties and promote the integration of local historic preservation into local planning and decision-making processes. As a participant in the program, the City of Tustin is required to submit an annual report to the State of California Office of Historic Preservation (OHP). The attached annual report summarizes the City's historic preservation efforts and describes how the City met the requirements of the program during the 2018-19 reporting period. The Planning Commission, as Historic and Cultural Resources Advisor, reviewed the report as required by the OHP on February 25, 2020. Motion: That the City Council receive and file this report. 6. OLD TOWN TUSTIN PLANTER BOX PUBLIC ART PROJECT PHASE 2 At their February 19, 2020, Regular Meeting, the Community Services Commission recommended to forward nine planter box art concepts, that were previously approved by the Public Art Committee, for future consideration by the City Council to complete Phase 2 of the Old Town Tustin Planter Box Public Art Project. City Council March 3, 2020 Meeting Minutes Page 4 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 Motion: That the City Council adopt Resolution 20-13 approving nine planter box art designs, submitted by five artists, to enhance the sidewalks of Main Street and EI Camino Real in Old Town Tustin and authorize the Parks and Recreation Department to execute agreements with the respective artists. RESOLUTION NO. 20-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AGREEMENTS WITH THE RESPECTIVE ARTISTS 7. POLICE DEPARTMENT VEHICLE PURCHASE Three (3) Police Department marked patrol units and one (1) Police Department PSO/CSI vehicle are in need of replacement. Additionally, one (1) Police Department marked patrol vehicle needs to be added to our Fleet, and there will be a need to award a contract for police equipment conversion work for five (5) newly purchased police units. Motion: It is recommended the City Council authorize: 1. The purchase of three (3) 2020 Dodge Charger pursuit rated vehicles, one (1) 2020 Dodge Durango pursuit rated vehicle and one (1) 2020 Dodge Durango police package vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $171,549.41 (including tax, license, fees and delivery). 2. The purchase of police equipment conversion packages for the conversion of two (2) 2020 Dodge Durangos and three (3) 2020 Dodge Chargers from Hi - Standard Automotive in the City of Orange, California, in the amount of $50,209.19. 3. The purchase of graphic designs from Digital Magic Signs in the amount of $3,340.25. 4. The purchase of HD Camera equipment from Watch Guard in the amount of $5,970.00. 5. The purchase of radio equipment from Motorola Solutions in the amount of $11,368.88. 6. The purchase of a fabrication package for the storage compartment in the police package 2020 Dodge Durango in the amount of $4,517.10. 7. The Public Works Department to dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to the applicable City Revenue Fund. City Council March 3, 2020 Meeting Minutes Page 5 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 8. The appropriation of additional funds from the Equipment Replacement Fund in the amount of $6,954.83 to complete the purchase. 8. NOTICE OF COMPLETION FOR THE SPORTS LIGHTING AT COLUMBUS TUSTIN PARK AND TUSTIN SPORTS PARK PROJECT CIP NO. 20054 Construction for the Sports Lighting at Columbus Tustin Park and Tustin Sports Park Project (CIP No. 20054) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: It is recommended that the City Council: 1 . Adopt Resolution No. 20-11 accepting the Sports Lighting at Columbus Tustin Park and Tustin Sports Park Project (CIP No. 20054); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 20-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE SPORTS LIGHTING AT COLUMBUS TUSTIN PARK AND TUSTIN SPORTS PARK (CIP 20054) 9. AUTHORIZATION AND AWARD THE CONTRACT FOR YOUTH CENTER ROOF AND CITY HALL TRELLIS PROJECT (CIP No. 10032) Staff is requesting authorization to award the Youth Center Roof and City Hall Trellis Project (CIP 10032). Motion: It is recommended that the City Council: 1 . Adopt Resolution No. 20-12 authorizing the use of Omnia Partners; Contract # PW1925 with Garland DBS, Inc. for the purchase, installation and warranty in the amount of $378,354. 2. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. RESOLUTION NO. 20-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING OMNIA PARTNERS PURCHASING PROGRAM TO PURCHASE CERTAIN ITEMS REGULAR BUSINESS ITEMS 10-12 City Council March 3, 2020 Meeting Minutes Page 6 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 10. LEGISLATIVE UPDATE Staff has prepared a summary of state legislative activity. The City Council unanimously approved to receive and file the updated legislative matrix as of February 21. 11. VETERANS MEMORIAL PROGRAMS Director of Parks and Recreation Chad Clanton provided a PowerPoint presentation. The new Veterans Sports Park at Tustin Legacy, set to open in Summer 2020, will include a Veterans Memorial to honor the men and women in the Tustin community who have served in the United States Armed Services. The memorial will feature four programs in which the general public will have an opportunity to participate: the Paver Program, the Interactive Kiosk, a KIA Memorial, and a time capsule. Tustin City Council concurrence is requested for the policies and procedures drafted to successfully implement these programs. It was moved by Mayor Bernstein and seconded by Council Member Cooper to direct staff to move forward in implementing the proposed policies and procedures for the Veterans Memorial programs. Motion carried: 5-0 12. FISCAL YEAR 2019-2020 MID-YEAR BUDGET REVIEW City Manager Matthew S. West introduced the new Director of Finance Jason Al- lman. Director of Finance Jason AI-Iman and Deputy Director Sean Tran provided a PowerPoint presentation. The following is staff's review of the City's first eight (8) months of operations under the adopted/amended FY 2019-20 Budget. Revenues and expenditures for each fund were reviewed and adjusted based on the current economic climate, and projected expenditures reflect costs to date, service needs, and the timing of when funds would be expended. The City continues to maintain its strong financial position. The June 30, 2020 General Fund Fund Balance is projected to be 31 .0% of operating expenditures, which exceeds the City Council's minimum Reserve Policy of 20% for the General Fund. It was moved by Council Member Puckett and seconded by Council Member Lumbard to approve these supplemental appropriations: City Council March 3, 2020 Meeting Minutes Page 7 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 1. Approve a supplemental appropriation of$397,855 from anticipated revenues of the CDBG Fund (Fund 120) for expenditures associated with Frontier Park improvements and graffiti removal; 2. Approve a supplemental appropriation of $70,000 from the unappropriated reserves of the Cable PEG Fees Fund (Fund 129)for expenditures associated with the broadcast room improvements; 3. Approve a supplemental appropriation of $7,937 from the unappropriated reserves of the Supplemental Law Enforcement Fund (Fund 136) for personnel related costs; 4. Approve a supplemental appropriation of $30,000 from the unappropriated reserves of the Landscape Lighting District Fund (Fund 141) for landscape maintenance expenditures; 5. Approve a supplemental appropriation of $28,000 from the unappropriated reserves of the Street Lighting Fund (Fund 142) for personnel related costs; and 6. Approve a supplemental appropriation of $36,000 from the unappropriated reserves of the Assessment District 95-1 Construction Fund (Fund 431) to be transferred to the Landscape Lighting District Fund (Fund 141) to cover the increased landscape maintenance expenditures. Motion carried: 5-0 OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced that he is excited about the new Tustin Veterans Sports Park which will be opening Summer of 2020; will be the crown jewel park in Tustin. Announced the newly appointed positions of Director of Economic Development Chris Koster and the Director of Finance Jason AI-Imam; congratulated both of them on their new positions. Shared that information regarding COVID-19, otherwise known as the Coronavirus, can be found on the City of Tustin website; informed the community, to date, there is no current outbreak in Orange County; the City will continue to disseminate information, is actively monitoring the situation, and will continue to remain diligent; asked everyone to please remain calm; announced that the Orange County Board of Supervisors declared a local emergency and the County Health Director declared a local health emergency in order to prepare for greater coordination with the state and federal governments in the event of an outbreak in Orange County; the declaration of both a local emergency and local health emergency assists the County of Orange to better leverage resources and greater agency City Council March 3, 2020 Meeting Minutes Page 8 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 coordination all while allowing for future reimbursement for County activities by state and federal governments in the event of an outbreak in Orange County. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper Thanked Community Services Commissioner Donna Marsh-Peery for her hard work in the Tustin Community, especially with the Veterans Memorial at the new Tustin Veterans Sports Park; thanked Tustin American Legion 227 with their knowledge and input with the Veterans Memorial. February 21 o Attended the Regional Housing Needs Assessment event at Angel Stadium. o Attended the Orange County Mosquito and Vector Control Board meeting. February 22 Attended the Miss Tustin Scholarship Competition; congratulated all the contestants who competed; congratulated the new Miss Tustin 2020. February 23 Attended Beckman High School's Beauty and the Beast play; congratulated Mr. Jim Kollias for putting on a great play; was an amazing evening. March 2 Participated in the Read Across America Program at Benson Elementary School; had a good time reading to the all the kindergarteners. Council Member Lumbard Congratulated the new Director of Economic Development Chris Koster and the new Director of Finance Jason AI-Imam on their positions. Wished Mayor Pro Tem Clark an early Happy Birthday. Council Member Puckett February 19 Attended the Transportation Corridor Agencies Committee meeting. February 22 Attended the Miss Tustin Scholarship Competition; congratulated the winner of Miss Tustin 2020 Laura Price; congratulated former Miss Tustin Keenan Pasztor, she did a great job representing Tustin. February 25 Attended the Irvine State of the City event. City Council March 3, 2020 Meeting Minutes Page 9 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 February 26 Attended the Transportation Corridor Agencies Committee meeting. February 27 o Attended the Orange County Council of Governments meeting. o Attended the Transportation Corridor Agencies Committee meeting. February 29 Attended the Tustin Community Foundation's Sip and Stroll event in Old Town Tustin; was a great event. Mayor Pro Tem Clark Congratulated the new Director of Economic Development Chris Koster and the new Director of Finance Jason AI-Imam on their new positions. Congratulated former Director of Economic Development John Buchanan on his years of service with the City of Tustin and on his retirement. February 22 Attended the Miss Tustin Scholarship Competition; congratulated Miss Tustin 2020 Laura Price; is a wonderful program to have; participated in the Miss Tustin program in 1999; the program has come a long way since 1999; very proud to see the development. February 26 Was guest speaker at the Black History Future Leaders Luncheon hosted by the Orange County Black Chamber of Commerce held at the Grove in Anaheim. February 27 o Attended the Orange County Fire Authority Board meeting; thanked all the firefighters for their efforts in putting out the fire at the Chatham Village Apartments. o Spoke with twelve interns from Congresswoman Katie Porter's Office. February 29 o Attended the Tustin Community Foundation's Sip and Stroll event in Old Town Tustin; was a great event. o Threw out the first pitch at the Tustin Girls Softball (TGS) Opening Day Ceremony; had a blast attending the evet; congratulated TGS on continuing with such a successful league. Mayor Bernstein February 22 Attended the Miss Tustin Scholarship Competition; congratulated all the contestants as well City Council March 3, 2020 Meeting Minutes Page 10 of 11 DocuSign Envelope ID:CE6D2C59-0447-4BAC-A3BF-2652780C4352 as the outgoing Miss Tustin. February 26 Attended the Orange County Sanitation District Board meeting. Congratulated the new Director of Economic Development Chris Koster and the new Director of Finance Jason AI-Imam on their new positions. Thanked city staff on their hard work with the new Veterans Sports Memorial and Park opening soon. February 29 Attended the last part of the Tustin Community Foundation's Sip and Stroll event in Old Town Tustin; congratulated TCF on another wonderful event. Wished Mayor Pro Tem Clark an early Happy Birthday. Announced the Holocaust Remembrance Forum will be held on March 12, 2020 at Beckman High School. Announced everyone to participate in the upcoming 2020 Census; asked everyone to fill out their form they will receive in the mail and mail it back by April 1, 2020; responses can be filled out by email, mail, phone, or in person; if wishing to complete in person at a Questioner Assistance Center locations will be at the Tustin Library, Tustin Area Senior Center, and the Tustin Youth Center from March 23-April 27, 2020 during normal business hours; if households do not respond to the questioners, census representatives will be going door-to-door June-July 2020. Echoed statements made by City Manager Matthew S. West regarding the COVID-19 otherwise known as the Coronavirus; key points include washing hands on a regular basis especially after using the restroom, avoiding close contact with people who are visibly sick, avoid touching your eyes, nose, and mouth, staying home when sick, covering your mouth with a tissue when you cough or sneeze, and cleaning and disinfecting surfaces frequently; for more information please visit the City of Tustin website. Announced the Community Development Department is hosting a Historic Resources Update Community Workshop on Thursday, March 12th at 6:00 p.m. in the Clifton C. Miller Community Center. ADJOURNED at 7:57 p.m.The next meeting is scheduled on Tuesday, March 17, 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. DocuSigned by: DocuSigned by: �� `LVILA (�aSu�- �ZU n—RA E DR. ALLAN BERNSTEIN, ERICA N. YASUDA, Mayor City Clerk City Council March 3, 2020 Meeting Minutes Page 11 of 11