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Home My WebLink About00 CC AGENDA 1.19.21 CITY OF TUSTIN REGULAR JANUARY 19, 2021 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=upcominq 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 January 19, 2021 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 — #2490 ATTENDANCE — PUBLIC TTENDANCE —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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. Paola Fuentes-Ortega vs. City Of Tustin, City Of Santa Ana, Michael Carter; Case No. 30-2019-01055803 4. THREAT TO PUBLIC SERVICES OR FACILITIES - [Cal. Gov't Code sec. 54957] Consultation with: Police Chief Stu Greenberg; Public Works Director Douglas S. Stack City Council January 19, 2021 Meeting Agenda Page 2 of 7 REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2490 PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard 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. PRESENTATION — Mayor Letitia Clark's 2021 Goals 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 10) 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 15, 2020 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON DECEMBER 21, 2020. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 15, 2020 and the Special Meeting of the City Council held on December 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. City Council January 19, 2021 Meeting Agenda Page 3 of 7 Recommendation: It is recommended that the City Council approve Payroll in the amount of $882,367.88 and $1 ,425,906.55, and Demands in the amount of $10,807,472.73. 4. COMMUNICATIONS SITE LICENSE AGREEMENT WITH T-MOBILE WEST LLC, FOR WIRELESS FACILITIES AT VETERANS SPORTS PARK (1645 VALENCIA AVENUE) Approval is requested for a Communications Site License Agreement between the City of Tustin (Licensor) and T-Mobile West LLC (Licensee). Recommendation: It is recommended that the City Council authorize the City Manager to execute the attached Communications Site License Agreement with T- Mobile West LLC, a Delaware limited liability company. 5. ADOPT RESOLUTION NO. 21-03 TO ACCEPT IMPROVEMENTS FOR THE PETERS CANYON CHANNEL IMPROVEMENTS CONSTRUCTION PROJECT, CIP NO. 50040, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Peters Canyon Channel Improvements Construction Project, CIP No. 50040, has been completed by KEC Engineering to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions: 1 . Adopt Resolution No. 21-03 accepting the construction of the Peters Canyon Channel Improvements Construction Project, CIP No. 50040; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 21-03 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 PETERS CANYON CHANNEL IMPROVEMENTS CONSTRUCTION PROJECT, CIP NO. 50040 6. NOTICE OF COMPLETION FOR THE TUSTIN EMERGENCY OPERATION CENTER AND CORPORATE YARD PROJECT (CIP No. 10067) Construction of the Tustin Emergency Operation Center and Corporate Yard Project (CIP No. 10067) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council: City Council January 19, 2021 Meeting Agenda Page 4 of 7 1 . Adopt Resolution No. 21-02 accepting the Tustin Emergency Operation Center and Corporate Yard Project (CIP No. 10067); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 21-02 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 EMERGENCY OPERATION CENTER AND CORPORATE YARD PROJECT (CIP 10067) 7. NOTICE OF COMPLETION FOR THE YOUTH CENTER ROOF AND CITY HALL TRELLIS PROJECT (CIP No. 10032) Construction for the Youth Center Roof and City Hall Trellis Project (CIP No. 10032) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council: 1 . Adopt Resolution No. 21-01 accepting the Youth Center Roof and City Hall Trellis Project (CIP No. 10032); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 21-01 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 YOUTH CENTER ROOF AND CITY HALL TRELLIS (CIP 10032) 8. ADOPT RESOLUTION NO. 21-04 FOR AUTHORIZATION TO ENTER A PURCHASE ORDER WITH THE COUNTY OF ORANGE CONTRACTORS FOR A JOINT PROJECT WITH COUNTY OF ORANGE FOR ROADWAY MAINTENANCE WITHIN SHARED BOUNDARY AREAS, AND APPROVE A SUPPLEMENTAL APPROPRIATION OF $525,000 FROM THE UNAPPROPRIATED RESERVES OF THE GENERAL FUND CAPITAL PROJECTS FUND (FUND 200) Staff is requesting authorization to enter into purchase order agreements with the Orange County Public Works (OCPW) contractors, for Phase I and II of the Annual Maintenance of street rehabilitation located at the shared boundaries of the County of Orange and the City of Tustin. OCPW is taking the lead for the project and the joint work is aligned and coordinated with the annual maintenance plans for both jurisdictions. The jurisdictions will work together to provide a cohesive rehabilitation project for the residents within the shared boundary areas City Council January 19, 2021 Meeting Agenda Page 5 of 7 Recommendation: It is recommended that the City Council; 1 . Adopt Resolution No. 21-04 authorizing the use of Ordinance No. 1438, Section 1625 exceptions to purchasing procedure, Part C. The City will piggy- back on the County of Orange Cooperative Purchasing Program to more efficiently acquire construction services for reimbursement of the City's proportionately shared work on the County of Orange Public Work's Annual Major Maintenance Project titled East Tustin Remedial Repairs consistent with the County's Job Order Contract (JOC) Master Agreement for Pavement Maintenance. The County anticipates awarding workorders to RJ Noble Company and All American Asphalt for the construction work, 2. Approve a supplemental appropriation of $525,000 from the unappropriated reserves of the General Fund Capital Projects Fund (Fund 200) for expenditures associated with Phase II (CIP 70020), and 3. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. RESOLUTION NO. 21-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE COUNTY OF ORANGE TO PURCHASE CERTAIN ITEMS 9. DECLARATION OF SURPLUS EQUIPMENT The City has accumulated obsolete and/or damaged desktop and laptop computers, computer monitors, and network and phone equipment that are no longer usable or required for public use. Recommendation: 1 . Declare the listed equipment surplus and not required for public use; and, 2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 10. EXTENDING THE TERM OF THE PROJECT POSITION OF TRANSPORTATION COORDINATOR Adoption of the attached Resolution will extend the term of the project position of Transportation Coordinator by five (5) years. Recommendation: Adopt Resolution No. 21-06 to extend the term of the project position of Transportation Coordinator by five (5) years. RESOLUTION NO. 21-06 City Council January 19, 2021 Meeting Agenda Page 6 of 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TERM OF THE PROJECT POSITION OF TRANSPORTATION COORDINATOR REGULAR BUSINESS ITEMS 11-12 11. AUTHORIZING THE TEMPORARY POST-RETIREMENT EMPLOYMENT OF ANDREA ALBIN AS PROPERTY AND EVIDENCE SPECIALIST Adoption of the attached Resolution will authorize the City to employ Andrea Albin on a temporary part-time basis in the retired annuitant position of Property and Evidence Specialist. Recommendation: Adopt Resolution No. 21-05 authorizing the City to employ Andrea Albin on a temporary part-time basis in the retired annuitant position of Property and Evidence Specialist. RESOLUTION NO. 21-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE POST-RETIREMENT EMPLOYMENT OF ANDREA ALBIN AS PROPERTY AND EVIDENCE SPECIALIST SOONER THAN 180 DAYS AFTER RETIREMENT 12. LEGISLATIVE UPDATE Staff has prepared a summary of state legislative activity. Recommendation: 1 . Receive and file the legislative update. 2. Other actions at the pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council January 19, 2021 Meeting Agenda Page 7 of 7