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HomeMy WebLinkAbout02 CC MINUTES 3.20 3.24 3.25. Agenda Item 2 Reviewed: City Manager ENY Finance Director N/A CITY OF TUSTIN SPECIAL MARCH 20, 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 4:15 P.M. CALL TO ORDER — Meeting #2471 at 4.15 p.m. ROLL CALL — City Clerk Present- Mayor Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark and Council Members Charles E. Puckett, Barry W. Cooper and Austin Lumbard Absent- None 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 March 20, 2020 Meeting Minutes Page 1 of 6 4 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. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): Consultation with Police Chief and City Attorney Recessed to Closed Session MINUTES OF THE SPECIAL MEETING OF THE TUSTIN CITY COUNCIL 5:00 P.M. CALL TO ORDER — Meeting #2471 at 5:00 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — Mayor Bernstein stated that the City received one public comment submitted by Kirk Watilo. No additional comments were received. CONSENT CALENDAR ITEMS 1-11- It was moved by Council Member Puckett and seconded by Council Member Cooper to approve the balance as recommended by staff. Roll call vote. 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 MARCH 3, 2020. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 3, 2020. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council March 20, 2020 Meeting Minutes Page 2 of 6 5 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 $838,116.88; and Demands in the amount of $1,848,206.65. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third quarter of 2019. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained fairly consistent with prior quarters during this third quarter reporting period. Average noise levels during the second quarter continued to remain well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Motion: That the City Council receive and file this report. 5. PLANNING COMMISSION AS HISTORIC AND CULTURAL RESOURCES ADVISOR PROGRAM - 2019 WORK PROGRAM This report will provide the City Council with the required Annual Report of the actions taken and accomplishments of the Planning Commission as Historic and Cultural Resources Advisor during the calendar year 2019 and the adopted 2020 Work Program. Motion: That the City Council receive and file this report. 6. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Every two (2) years the City Council authorizes the use of the City's disbursement of Assembly Bill (AB) 2766 funds to offset costs for State mandated vehicle emission reduction programs implemented by the City of Tustin. This year the City Council is being requested to allocate the Fiscal Year (FY) 2018/2019 and FY 2019/2020 AB 2766 disbursements and to reallocate previous AB 2766 disbursements to fund the purchase of one (1) new alternative fuel street sweeper, two (2) electric vehicles, and electric vehicle charging infrastructure. The reallocated AB 2766 disbursements had been set aside to partly fund the installation and construction of pedestrian and traffic calming enhancements and improvements in Old Town Tustin, which may be funded through other sources. Motion: That the City Council authorize $215,376, including $106,805 in AB 2766 FY 2018/2019 turn-back funds, $96,900 in projected AB 2766 FY 2019/2020 turn- back funds, and $11,671 in interest income received through investment of the turn- back funds; and $311,614 in reallocated AB 2766 turn-back funds, for a total of City Council March 20, 2020 Meeting Minutes Page 3 of 6 6 $526,990 to be used to fund the purchase of one (1) new alternative fuel street sweeper, two (2) electric vehicles, and electric vehicle charging infrastructure. 7. AWARD CONTRACT FOR THE FISCAL YEAR 2019-20 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, CIP NO. 70019 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Fiscal Year (FY) 2019-20 Roadway Rehabilitation and Sidewalk Repair Project, CIP No. 70019. Also included in the plans and specifications is the resurfacing of the parking lot surrounding the City - owned warehouse at 15171 Del Amo Avenue (CIP No. 10084). Motion: It is recommended that the City Council award a construction contract to the lowest responsive/responsible bidder, Sequel Contractors, Inc. in the amount of $1,892,855.00, for the FY 2019-20 Roadway Rehabilitation and Sidewalk Repair Project, CIP No. 70019 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 8. PUBLIC ART COMMITTEE APPOINTMENT Mayor Bernstein appointed an ad hoc committee consisting of Mayor Pro Tem Clark and Councilmember Cooper to interview the Public Art Committee candidates and make a recommendation to the full City Council. Motion: It is recommended that the City Council appoint Janet Lomax to serve a four-year term on the Public Art Committee. 9. AUTHORIZATION TO APPROVE CAD/RMS CONTRACT The Computer Aided Dispatch (CAD) and Records Management System (RMS) are the main, mission-critical integrated workflow management systems that support most of the City's public safety activities. These activities include patrol, dispatch, mapping, records management, property/evidence management, criminal case management and crime analysis. The CAD/RMS system is an essential tool for efficient utilization of resources, effective management of tactical deployments, enhanced community policing efforts and the catalyst for information sharing. Since October of 1996, the Tustin Police Department has utilized a CAD/RMS system provided by the West Covina Service Group. The demands placed on law enforcement agencies are the greatest they have ever been in history, and a modern CAD/RMS system is mandatory to maintain service and execution levels as expected by the community we serve. Over the past 24 years, technology has advanced significantly in the industry and our dispatchers, records staff, police officers and IT staff have all noticed the steady decline in functionality and reliability with the West Covina CAD/RMS system. The system continually experiences interruptions in service, causing unnecessary delays for employees and members of our community. The City of West Covina is City Council March 20, 2020 Meeting Minutes Page 4 of 6 discontinuing its CAD/RMS services in the near future. As a result, our current CAD/RMS system will not be supported by the City of West Covina and has required us to begin a search for a new provider. In addition to the issues we experience with functionality, the West Covina CAD/RMS system does not provide a fully integrated option, like many of the new programs offered today. The Tustin Police Department is one of the few agencies in the county still physically hand writing crime and property reports. This causes an unnecessary burden on our records personnel who have to manually enter information into the computer and then scan the reports into Laserfiche. New technologically advanced programs provide integrated report writing options, automated property and evidence services, and case management tracking for our Criminal Investigations Unit. The need for a new CAD/RMS system was identified many years ago and as a result, a committee was developed to investigate options into replacing our current system. Over the past two years, the committee conducted extensive research with the goal of finding a fully integrated, single source option to handle CAD, RMS, property and evidence, crime analysis and case management. After the Request for Proposal (RFP) process and in-depth vendor interviews, the decision was narrowed down to two vendors. At the conclusion of this lengthy process, the committee representing all divisions within the department, unanimously recommended Mark43 as our CAD/RMS service provider. Motion: It is recommended the City Council approve and authorize the City Manager to enter into a 10-year contract with Mark43 to provide CAD/RMS services to the Tustin Police Department as outlined in the contract 10. MODIFICATION OF THE SCHEDULE OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND PLANNING COMMISSION Motion: That the City Council adopt Resolution Number 20-16 approving a modified schedule of regular meetings of the City Council and Planning Commission. 11. TEMPORARY SUSPENSION OF CAP ON ACCRUAL OF PAID GENERAL LEAVE FOR NON-EXECUTIVE MANAGEMENT EMPLOYEES Motion: That the City Council adopt Resolution No. 20-15 authorizing the City Manager, in his capacity as the Director of Emergency Services, to suspend the cap on the accrual of paid General Leave for non-Executive Management employees for a period of 90 days, or for the duration of the declared local state of emergency, whichever is longer. REGULAR BUSINESS 12. RATIFICATION OF PROCLAMATION OF A LOCAL EMERGENCY RELATED TO THE ANTICIPATED SPREAD OF COVID-19, AS AMENDED MARCH 20, 2020, City Council March 20, 2020 Meeting Minutes Page 5 of 6 8 INCLUDING SUSPENSION OF PENALTIES FOR LATE PAYMENT OF WATER FEES, SUSPENSION OF BUSINESS LICENSE PROGRAM, AND SUSPENSION OF STREET SWEEPING TICKETS City Manager Matthew S. West provided an update. It was moved by Council Member Lumbard and seconded by Mayor Bernstein that the City Council ratify the Proclamation of a Local Emergency by the City Manager acting in his capacity as Director of Emergency Services on March 16, 2020, as the Proclamation was amended on March 20, 2020. Roll call vote. Motion carried: 5-0 COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper No report Council Member Lumbard Thanked staff for all their hard work during the COVID-19 pandemic; thanked the Tustin Police Department for all their hard work and efforts with keeping the Tustin community safe. Council Member Puckett Thanked everyone for their hard work during this stressful time; echoed the statements of Council Member Lumbard. Mayor Pro Tem Clark Thanked staff for all their hard work; thanked colleagues for working together in making decisions in keeping the Tustin community safe during the COVID-19 pandemic. Mayor Bernstein Thanked staff and colleagues for all their hard work; they are staying on top of the Centers for Disease Control and Prevention updates and reassured the Tustin community that city staff and City Council are working extremely hard and doing their absolute best to keep the community safe; reminded everyone to please continue to protect themselves by practicing social distancing, washing hands, covering your mouth when sneezing or coughing, and to clean and disinfect surfaces. ADJOURNED at 5:13 p.m. City Council March 20, 2020 Meeting Minutes Page 6 of 6 9 Agenda Item 2 Reviewed: City Manager ENY Finance Director N/A CITY OF TUSTIN SPECIALIt 0 MARCH 24, 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 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER — at 5.00 p.m. ATTENDANCE — Present- Mayor Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark and Council Members Charles E. Puckett and Austin Lumbard Absent- Council Member Barry W. Cooper City Clerk- Erica N. Yasuda, City Clerk Others Present- David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT — None 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 Government Code § 54956.9(a)- (1 case) City Council March 24, 2020 Meeting Agenda Page 1 of 2 10 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. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): Consultation with Police Chief and City Attorney CLOSED SESSION REPORT—City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 6:10 p.m. City Council March 24, 2020 Meeting Agenda Page 2 of 2 11 CITY OF TUSTIN SPECIAL MARCH 25, 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 SPECIAL CLOSED SESSION MEETING — 5:00 p.m. CALL TO ORDER — 5.00 p.m. ATTENDANCE — Present- Mayor Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark and Council Members Charles E. Puckett, Barry W. Cooper and Austin Lumbard Absent- None City Clerk- Erica N. Yasuda, City Clerk Others Present- David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT — None 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 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. William Ross v. City of Tustin; Case No.- 8.18-CV-02219 City Council March 25, 2020 Meeting Minutes Page 1 of 3 12 THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): Consultation with Police Chief and City Attorney Recessed to Closed Session MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — 6:01 p.m. PUBLIC INPUT —The City Council received one public comment from Daniel Lammie. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. COUNCIL BUSINESS CLOSURE OF CITY PARKS IN RESPONSE TO COVID-19 PANDEMIC Significant numbers of individuals continue to congregate and utilize City park facilities notwithstanding guidance from state and local health officials urging individuals to remain in their homes and to maintain social distancing protocols in the limited instances where travel outside the home is warranted. To improve compliance with social distancing directives and to protect the public health safety and welfare the immediate closure of all City park facilities is recommended. It was moved by Mayor Bernstein and seconded by Mayor Pro Tem Clark to approve the following: 1. That the City Council, by minute order, direct the immediate closure of all City park facilities including parking lots, playgrounds, recreational structures, picnic facilities, ball fields, courts, exercise equipment, and play structures, and direct that City parks shall be open solely for passive walking and bicycling provided social distancing is observed at all times; and 2. Authorize the City Manager, in his capacity as Director of Emergency Services, to close or reopen one or more City or private parks or portions thereof on a temporary or permanent basis when warranted in his discretion; and 3. That nothing in this action is intended to restrict the City Manager's authority, as Director of Emergency Services, to take additional emergency actions for the protection of the public's health, safety and welfare. City Council March 25, 2020 Meeting Minutes Page 2 of 3 13 Roll call vote. Motion carried: 4-1 (Council Member Cooper dissenting) COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper No report Council Member Lumbard Reminded the Tustin community to please continue to follow Orange County's orders as it pertains to COVID-19; asked everyone to please take the current situation seriously and to continue to practice social distancing. Council Member Puckett Reminded everyone to please continue to adhere to Orange County guidelines as it pertains to COVID-19 and to continue to practice social distancing. Mayor Pro Tem Clark Observed a difference over the past few days with the Tustin community adhering to social distancing; shared it has been a nice mental health break to go outside and enjoy the fresh air; reiterated the importance of social distancing; asked staff to please place signs regarding the importance of social distancing in city parks. Mayor Bernstein Announced that our society is currently experiencing a difficult time and understands everyone is trying to balance social distancing; informed everyone the safety of the Tustin community is top priority; thanked city staff for their continuous efforts in keeping the Tustin community safe and for the wonderful work they continue to do; thanked Police Chief Stu Greenberg and his department for everything they continue to do. ADJOURNED at 6:36 p.m. City Council March 25, 2020 Meeting Minutes Page 3 of 3 14