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Home My WebLink About00 AGENDA 05.05.20 CITY OF TUSTIN REGULAR MAY 5, 2020 MEETING OF THE CITY COUNCILVIDEO CONFERENCE 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 NOTICE RE PUBLIC PARTICIPATION DURING COVID-19 EMERGENCY During the Statewide COVID-19 Emergency, the public is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows: To watch the meeting, the public may observe the meeting via the City's Granicus service at: https://www.tustinca.ora/282/Meetings-Agendas or on the local Cox Channel 851. To comment on one or more items, do the following: 1. Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda prior to commencement of the meeting, go to https://tustin.qranicusideas.com/meetings?scope=upcominq and select the agenda item. B. To submit an e-comment on an upcoming meeting agenda during the meeting, go to https://tustin.qranicusideas.com/meetings?scope=past and select the agenda item. C. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the City Council May 5, 2020 Meeting Agenda Page 1 of 5 meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. CLOSED SESSION MEETING —4:00 p.m. CALL TO ORDER — #2475 ATTENDANCE — PUBLIC INPUT — Members of the public may submit comments in writing to address the City Council on items 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 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 5. LIABILITY CLAIMS — [Government Code § 54956.95]: (1 case) A. Claim No. 20-05, Claim of Law Office of Benjamin Arsenian OBO: Alyssa Madrigal City Council May 5, 2020 Meeting Agenda Page 2 of 5 REGULAR MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER — #2475 PUBLIC INPUT — At this time, any member of the public may submit comments in writing to address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. CLOSED SESSION REPORT— City Attorney David E. Kendig CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to address the City Council regarding Consent Calendar matters should submit comments in writing with the City Clerk. (Agenda Items 1 through 6) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: 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 APRIL 21, 2020 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 21, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $787,244.68; and Demands in the amount of $2,121,805.29. 4. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2020-2021 ASSESSMENTS At the February 18, 2020 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and City Council May 5, 2020 Meeting Agenda Page 3 of 5 Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 2, 2020. Recommendation: It is recommended that the City Council: 1 . Adopt Resolution No. 20-24 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2020-2021 ; and 2. Adopt Resolution No. 20-25 declaring its intention to levy annual assessments for Fiscal Year 2020-2021 and setting a public hearing for June 2, 2020. RESOLUTION NO. 20-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2020-2021 RESOLUTION NO. 20-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2020-2021 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 5. PFAS TREATMENT FACILITIES AND PROGRAM AGREEMENT WITH THE ORANGE COUNTY WATER DISTRICT Tustin Water Services currently operates three groundwater wells potentially impacted by per-and polyfluoroalkyl substance (PFAS) contamination in the Orange County Groundwater Basin. Staff and the City Attorney have been working with the Orange County Water District (OCWD) and nine other groundwater producer agencies to develop a PFAS Treatment Facilities and Program Agreement (Agreement) that will facilitate OCWD funding 100 percent of the design and construction, as well as 50% of operation and maintenance costs for treatment facilities to remove PFAS contamination at affected drinking water wells within the groundwater basin. Recommendation: It is recommended that the City Council approve the Program Agreement with the Orange County Water District in the forma attached hereto, subject to any non-substantive revisions or corrections consistent with the intent of the agreement as approved by the City Attorney, and authorize the Mayor and City Clerk to execute the agreement. City Council May 5, 2020 Meeting Agenda Page 4 of 5 6. APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICT FOR SEWER SIPHON FACILITY IMPROVEMENTS AT THE TUSTIN METROLINK STATION Irvine Ranch Water District's Sewer Siphon Improvements Project includes installation of facilities on the Tustin Metrolink Station Property. It is therefore necessary for the City of Tustin to grant an easement to Irvine Ranch Water District (IRWD) for the sole object and purpose of constructing and maintaining IRWD facilities on the easement area, as described in the Grant of Easement. Recommendation: It is recommended that the City Council grant a non-exclusive easement to the Irvine Ranch Water District on the Tustin Metrolink Station Property for sewer facilities, electrical appurtenances, and related access purposes, as shown on the attached easement document exhibits, and authorize the Mayor and City Clerk to execute the document on behalf of the City. REGULAR BUSINESS ITEMS 7-8 7. STATUS UPDATE REGARDING COVID-19 ORDERS AND REGULATIONS AFFECTING TUSTIN RESIDENTS AND BUSINESSES. Recommendation: Receive and file. 8. LEGISLATIVE UPDATE Staff has prepared a summary of legislative activity. Recommendation: 1. Approve letter to Governor Newsom requesting state recovery actions for cities in line with the League of California Cities' campaign and authorize staff to continue to advocate for similar actions. 2. Approve letter to Governor Newsom requesting state recovery actions for counties and authorize staff to continue to advocate for similar actions. 3. Other actions at the pleasure of the City Council. ADJOURNMENT City Council May 5, 2020 Meeting Agenda Page 5 of 5