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Home My WebLink About02 CC MINUTES 11.17.20 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 Agenda Item 2 Reviewed: DS City Manager �� Finance Director N/A CITY OF TUSTIN REGULAR November 17, 2020 MEETING OF THE CITY COUNCIL VIDEO 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 MINUTES OF THE CLOSED SESSION MEETING — 4:30 p.m. CALL TO ORDER — #2487 at 4:30 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. LIABILITY CLAIMS — [Government Code § 54956.95]: (5 cases) A. Claim No. 20-08, Claim of Dan Ho B. Claim No. 20-13, Claim of Susan Allen C. Claim No. 20-14, Claim of Bernardino Valencia Cruz City Council November 17, 2020 Meeting Minutes Page 1 of 9 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 D. Claim No. 20-16, Claim of Robert McIntosh E. Claim No. 20-21 , Claim of Srinivasan Natarajan 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property 430-461-11 Address/Description Agency City of Tustin City Negotiators Matthew S. West, City Manager and Christopher Koster, Director of Economic Development Negotiating Parties Flight Phase I Owner LLC, David Binswanger Under Negotiation Price and Terms of Payment 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) A.Title: City Manager 6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No. 30-2020-01161134 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2487 at 5:34 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE — Council Member Lumbard PUBLIC INPUT— None CLOSED SESSION REPORT— City Attorney David E. Kendig: The City Council unanimously denied Claim No. 20-08, Claim of Dan Ho; Claim No. 20-13, Claim of Susan Allen; Claim No. 20-14, Claim of Bernardino Valencia Cruz; Claim No. 20-16, Claim of Robert McIntosh; and Claim No. 20-21 , Claim of Srinivasan Natarajan. The City Council completed the performation review of the City Manager. Other than that, there was no reporable action. City Council November 17, 2020 Meeting Minutes Page 2 of 9 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 CONSENT CALENDAR ITEMS 1-8 — It was moved by Council Member Puckett and seconded by Council Member Lumbard to approve the Consent Calendar as recommended by staff. Roll Call — City Clerk Motion carried — 5-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: The City Council waived reading in full of all ordinances and resolutions on the agenda and declared 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 OCTOBER 20, 2020 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 6, 2020 Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on October 20, 2020 and the Special Closed Session Meeting held on November 6, 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: The City Council approved Payroll in the amount of $879,680.68, $855,257.99, and $873,787.98; and Demands in the amount of $4,310,100.82. 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 investment and certifying its compliance with the adopted Investment Policy. Motion: The City Council received and filed this report. 5. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE City Council November 17, 2020 Meeting Minutes Page 3 of 9 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure for Fiscal Year 2019-20 is $1,455,691 . The required MOE expenditure for Fiscal Year 2020-21 has increased by $241 ,354 to $1 ,697,045. Motion: The Tustin City Council adopted Resolution No. 20-71, adopting the Measure M2 Expenditure Report for Fiscal Year 2019-2020 (attached), and directed staff to file the report with the Orange County Transportation Authority. RESOUTION NO. 20-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY OF TUSTIN, CALIFORNIA 6. ADOPT RESOLUTION NO. 20-68 TO APPROVE THE SUBMITTAL OF REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION FIRST STREET/BOLSA AVENUE CORRIDOR TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 20-68 will approve the submittal of an application prepared by the City of Santa Ana for the First Street/Bolsa Avenue Traffic Signal Synchronization Project to the Orange County Transportation Authority (OCTA). Participation by all agencies maintaining traffic signals along this corridor, which also includes the Cities of Westminster, Huntington Beach and County of Orange, is needed for approval of the project application under the 2021 Call for Projects for the Competitive Measure M2 Traffic Signal Synchronization Program (Project P). Within the City of Tustin, the project would include seven (7) existing traffic signals on First Street from Tustin Avenue to Newport Avenue. Motion: The City Council adopted Resolution No. 20-68 approving the submittal of the application to the Orange County Transportation Authority for the 2021 Call for Projects for the Renewed Measure M Regional Traffic Signal Synchronization Program (Project P) in the funding of the First Street/Bolsa Avenue Traffic Signal Synchronization Project. RESOLUTION NO. 20-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF APPLICATION FOR THE FIRST STREET/BOLSA AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 7. ADOPT RESOLUTION NO. 20-70 TO ACCEPT IMPROVEMENTS FOR THE TUSTIN LEGACY -VALENCIA AVENUE AND TUSTIN RANCH ROAD PARKWAY MEDIAN LANDSCAPING IMPROVEMENT PROJECT, CIP NO. 70247 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION City Council November 17, 2020 Meeting Minutes Page 4 of 9 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 Construction of the Tustin Legacy - Valencia Avenue and Tustin Ranch Road Parkway Median Landscaping Improvement Project (CIP No. 70247) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Motion: The City Council took the following actions 1 . Adopted Resolution No. 20-70 accepting the construction of the Tustin Legacy - Valencia Avenue and Tustin Ranch Road Parkway Median Landscaping Improvement Project (CIP No. 70247); and 2. Authorized the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 20-70 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 TUSTIN LEGACY — VALENCIA AVENUE AND TUSTIN RANCH ROAD PARKWAY MEDIAN LANDSCAPING IMPROVEMENT PROJECT (CIP NO. 70247) 8. AUTHORIZE AWARD OF CONTRACT FOR THE TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON-BACKBONE (CIP NO. 70250) CONSTRUCTION PROJECT AND ADOPT A RESOLUTION TO PRESERVE THE CITY'S ABILITY TO BE REIMBURSED AT A LATER DATE FROM PROCEEDS OF A TAX-EXEMPT OBLIGATION Staff is requesting the City Council to authorize award of a construction contract to the lowest responsive/responsible bidder for the Tustin-Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non-Backbone (CIP No. 70250) Construction Project, R. J. Noble Company. Actual award of the contract would be contingent upon deposit into escrow of the "Additional Purchase Price Deposit" as required by the October 19, 2020 side letter agreement described below between the City and Brookfield Homes Southern California, LLC. It is also requested that the City Council consider adopting a Resolution to preserve the City's ability to be reimbursed at a later date from the proceeds of a tax-exempt obligation. Motion: The City Council: 1 . Conditional upon the deposit of the "Additional Purchase Price Deposit" as required by the October 19, 2020 side letter agreement between the City and Brookfield Homes Southern California, LLC, authorized award of a construction contract to the lowest responsive/responsible bidder, R. J. Noble Company in the amount of is $11,392,825.71 , for the Tustin-Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non-Backbone (CIP No. 70250) Construction Project and authorized the City Council November 17, 2020 Meeting Minutes Page 5 of 9 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 Mayor and the City Clerk to execute the contract documents on behalf of the City; and 2. Amended the Capital Improvement Program budget to reflect the following: Neighborhood D South Backbone Infrastructure (CIP 70246) Community Facility District 06-1 (Fund 434) $2,700,000 Community Facility District 14-1 (Fund 443) $4,475,000 General Fund-Capital Improvement Program (Fund 200) $250,000* * Irvine Ranch Water District Capital Reimbursable Neighborhood D South Non-Backbone Infrastructure (CIP 70250) Land Sale Proceeds (Fund 189) $6,075,000 and 3. Adopted Resolution No. 20-72 (Attachment B) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN EXPRESSING OFFICIAL INTENT REGARDING CERTAIN CAPITAL EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF A TAX- EXEMPT OBLIGATION REGULAR BUSINESS ITEM 9 9. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) Consider adoption of Resolution 20-76 determining that there is a need to continue the local emergency relating to COVID-19 in accordance with Government Code Section 8630. City Attorney David E. Kendig and City Manager Matthew S. West provided a verbal update. It was moved by Council Member Lumbard and seconded by Mayor Bernstein to adopt Resolution No. 20-76 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). Roll Call — City Clerk Motion carried: 5-0 RESOLUTION NO. 20-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) City Council November 17, 2020 Meeting Minutes Page 6 of 9 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced the appointment of Justina Willkom as the new Director of Community Development; she was selected after an extensive recruitment process with highly qualified candidates; Justina has worked with the City of Tustin since 1998 beginning as an Associate Planner and ascended to Assistant Community Development Director overseeing a wide variety of projects; congratulated Justina Willkom on her new position as Director of Community Development. Provided an update on the non-profit grant program; the City allotted $250,000 CARES Act funds to help support 28 non-profits within the Tustin community; formed a partnership with the Tustin Community Foundation (TCF) to help identify and distribute the funds; thanked Erin Nielsen, Executive Director of TCF, and everyone at TCF; thanked Director of Community Development Justina Willkom, Director of Economic Development Chris Koster, Deputy Director of Economic Development Jerry Craig, Senior Accountant Andrea Campbell, Executive Assistant of Finance Linda Anicich and Director of Finance Jason AI- Imam for doing a fantastic job in the completion of this program. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper Wished everyone a safe and happy Thanksgiving. Council Member Lumbard Thanked the City and the Tustin Community Foundation for the hard work on the non-profit program; thanked all the non-profit organizations that make Tustin a special community. Council Member Puckett Announced there are two weeks left to serve his term on the City Council; has enjoyed his time serving the Tustin community; welcomed the new incoming Council Members; thanked Mayor Dr. Allan Bernstein for his service as Mayor this year. Mayor Pro Tem Clark Congratulated the new Director of Community Development Justina Willkom. Thanked City Manager Matthew S. West, Assistant City Manager Nicole Bernard and City Attorney David E. Kendig for creating the non-profit program, the homeless prevention program and the senior grocery program with the CARES Act funds. City Council November 17, 2020 Meeting Minutes Page 7 of 9 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 November 16 Attended a ride along with the Orange County Fire Authority's Division 4 Battalion Chief Baryic Hunter to see the Silverado Fire and Blue Ridge Fire impact areas; thanked the Orange County Fire Authority fire fighters for their service. Thanked Mayor Dr. Allan Bernstein and Council Member Charles E. "Chuck" Puckett for their service on the City Council. Mayor Bernstein November 4 Attended the Orange County Sanitation District (OCSD), Operations Committee meeting; was a privilege to sit on the OCSD Board. November 6 Attended the Veterans Sports Park virtual ceremony and dedication; the park has 32 acres with a Veterans Memorial area; encouraged everyone to view the dedication and visit Tustin's new largest park; encouraged everyone to visit the City's website and consider purchasing a paver to be placed in the Veterans Memorial area. October 11 Attended the Orange County Sanitation District (OCSD), Legislative and Public Affairs Committee meeting. Announced the City is going to contract with an advocacy group to represent the City of Tustin at the State's Capitol in Sacramento. November 16 Announced two proclamations where presented to the Tustin Unified School District Board Members, Tammie Bullard and Francine Scinto, for their service to the Tustin community; thanked them for enriching the lives of Tustin students; congratulated the new incoming board members. Congratulated the new Director of Community Development Justina Willkom. Encouraged everyone to wear masks, wash their hands, and keep their social distance. Wished everyone a happy Thanksgiving. Invited everyone to the 25th Annual Tustin Mayoral State of the City Address, Thursday, November 19, 2020 at 6:30 P.M. on YouTube; tickets can be purchased at tustinchamber.org and will include a $30 voucher to five great Tustin restaurants. City Council November 17, 2020 Meeting Minutes Page 8 of 9 DocuSign Envelope ID:201 EFC35-3A9C-4EA8-B2E9-78B05FF2CFF7 ADJOURNED IN MEMORY OF ROBERT MAY Tonight's City Council meeting will be closed in honor of Robert May, a dedicated City employee and long-time veteran of the Public Works Department. Sadly, Robert passed away unexpectedly on Wednesday, October 28, 2020 after developing a rare form of cancer. Robert was born in Philadelphia, PA on January 25, 1960. After working as a Mechanic at K-Mart for many years, Robert began his career in public service when he was hired by the City of Tustin on June 11 , 1990. Originally employed as a Mechanics Helper, Robert served over 30 dedicated years to the Tustin community. In his most recent role as an Equipment Operator, Robert rose early each morning ready to hit the streets and refresh the byways of Tustin operating a street sweeper. Robert will be remembered by his colleagues as a hard-working man who was quiet and reserved, but who always had a smile on his face. Robert is survived by his wife Julie and son Douglas. On behalf of a grateful community, City Council, and "family" of staff, we extend our most heartfelt condolences to the family and friends of Robert May. This meeting stands adjourned in his honor. ADJOURNED at 6:04 p.m. City Council November 17, 2020 Meeting Minutes Page 9 of 9