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Home My WebLink About00 CC AGENDA 12.15.20 CITY OF TUSTIN REGULAR DECEMBER 15, 2020 MEETING OF THE CITY COUNCIL VIDEO CONFERENCE Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council Member Letitia Clark, Mayor Matthew S. West, City Manager Rebecca Gomez, Council Member Erica N.Yasuda, City Clerk Ryan Gallagher, 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.org/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.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. To submit an e-comment on an upcoming meeting agenda during the meeting, go to https://tustin.granicusideas.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. City Council December 15, 2020 Meeting Agenda Page 1 of 7 For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the 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 —4:30 p.m. CALL TO ORDER — #2489 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): (3 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 § 54956.951: (3 cases) A. Claim No. 20-11, Claim of Lynn Tettemore B. Claim No. 20-12, Claim of Patty Stewart C. Claim No. 19-07, Claim of Martha Garza 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (4 cases) A. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No. 30-2020-01161134 B. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE C. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court City Council December 15, 2020 Meeting Agenda Page 2 of 7 Case No. 30-2019-01113056-CU-PT-CXC D. Orange County Water District, City Of Anaheim, East Orange County Water District, City Of Fullerton, City Of Garden Grove, Irvine Ranch Water District, City Of Orange, City Of Santa Ana, Serrano Water District, City Of Tustin, And Yorba Linda Water District Vs. 3m Company, E. I. Du Pont De Nemours And Company, The Chemours Company, Cortev A, Inc., Dupont De Nemours, Inc.; Decra Roofing Systems, Inc.; And Doe Defendants 1-100, Inclusive, Orange County Superior Court Case Number 30-2020-01172419-Cu-PI-Cxc. 5. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (1 case) A. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 related to a written threat to initiate litigation against the City for alleged violation of the California Voting Rights Act. REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER — #2489 INVOCATION AND PLEDGE OF ALLEGIANCE — Mayor Letitia Clark 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 9) 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 DECEMBER 1, 2020. City Council December 15, 2020 Meeting Agenda Page 3 of 7 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 1 , 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 $891 ,462.90, and Demands in the amount of $2,712,492.82. 4. 2021 LOCAL APPOINTMENTS LIST Prior to December 31 st of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission/Committee vacancies for the upcoming year. Recommendation: Approve the 2021 Local Appointments List for the Planning Commission, Community Services Commission, Audit Commission, Building Board of Appeals and Public Art Committee and post notice as required by law. 5. MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 250 PACIFIC STREET The Mills Act is State legislation that provides for reduced property taxes on a historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 250 Pacific Street. Recommendation: That the City Council adopt Resolution No. 20-73 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. and Mrs. Goren, the owners of the property located at 250 Pacific Street. RESOLUTION NO. 20-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 250 PACIFIC STREET, TUSTIN, CALIFORNIA. 6. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 535 WEST THIRD STREET City Council December 15, 2020 Meeting Agenda Page 4 of 7 The Mills Act is State legislation that provides for reduced property taxes on a historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 535 West Third Street. Recommendation: That the City Council adopt Resolution No. 20-75 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. and Mrs. Goldsmith, the owners of the property located at 535 West Third Street. RESOLUTION NO. 20-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 535 WEST THIRD STREET, TUSTIN, CALIFORNIA. 7. MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 350 SOUTH B STREET The Mills Act is State legislation that provides for reduced property taxes on a historic property if the property owner agrees to maintain and preserve the property for a minimum of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 350 South B Street. Recommendation: That the City Council adopt Resolution No. 20-74 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. and Mrs. Chandler, the owners of the property located at 350 South B Street. RESOLUTION NO. 20-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 350 SOUTH B STREET, TUSTIN, CALIFORNIA. 8. ADOPT RESOLUTION NO. 20-79 TO ACCEPT IMPROVEMENTS FOR THE FISCAL YEAR 2019-20 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, CIP NO. 70019 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION City Council December 15, 2020 Meeting Agenda Page 5 of 7 Construction of the Fiscal Year (FY) 2019-20 Roadway Rehabilitation and Sidewalk Repair Project, (CIP No. 70019), has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the Council take the following actions: 1 . Adopt Resolution No. 20-79 accepting the construction of the Fiscal Year (FY) 2019-20 Roadway Rehabilitation and Sidewalk Repair Project (CIP No. 70019); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 20-79 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 FY 2019-20 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP NO. 70019) 9. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR TUSTIN SPORTS PARK PLAYGROUND RENOVATION (CIP No. 20086) This project includes the renovation of the playground equipment and safety surfacing at Tustin Sports Park, as well as replacement of the existing shade structure fabric and installation of a custom awning for the cafe outdoor seating area. Recommendation: Staff recommends that the City Council approve Resolution No. 20-78, approving specifications for the Tustin Sports Park Playground Renovation project (CIP No. 20086) and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 20-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE TUSTIN SPORTS PARK PLAYGROUND RENOVATION (CIP No. 20086) REGULAR BUSINESS ITEMS 10-12 10. 2021 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and Regional committees. Recommendation: City Council December 15, 2020 Meeting Agenda Page 6 of 7 1 . Confirm the attached appointments as recommended by the Mayor; and 2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City's website. 11. 2021 COMMISSION VACANCIES Due to term expirations and vacancies, staff is requesting that the City Council provide direction on the preferred process to fill upcoming vacancies on the Planning, Audit, and Community Services Commissions and the Building Board of Appeals. Recommendation: Pleasure of the City Council. 12. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19). Consider adoption of Resolution 20-80 determining that there is a need to continue the local emergency relating to COVID-19 in accordance with Government Code Section 8630. Recommendation: Adopt Resolution No. 20-80 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). RESOLUTION NO. 20-80 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) OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council December 15, 2020 Meeting Agenda Page 7 of 7