The URL can be used to link to this page

Home My WebLink About02 CC MINUTES 1.19.21 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A Agenda Item 2 DS Reviewed: 15_w City Manager Finance Director N/A 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 MINUTES OF THE CLOSED SESSION MEETING 4:30 p.m. CALL TO ORDER — #2490 at 4:30 p.m. ATTENDANCE — Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council Members Ryan Gallagher and Rebecca Gomez 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): (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 City Council January 19, 2021 Meeting Minutes Page 1 of 9 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2490 at 5:32 p.m. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard PUBLIC INPUT— None PRESENTATION — Mayor Letitia Clark presented her 2021 Goals. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. CONSENT CALENDAR ITEMS 1-10 It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to pull Items 5 and 10 and approve the balance as recommended by staff. Roll Call Vote — City Clerk Motion carried: 4-0 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. City Council January 19, 2021 Meeting Minutes Page 2 of 9 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A 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. Motion: The City Council approved 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. Motion: The City Council approved 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). Motion: The City Council authorized 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. At the request of Mayor Clark, City Manager Matthew S. West provided an overview of the project. It was moved by Mayor Clark and seconded by Council Member Gomez to 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. City Council January 19, 2021 Meeting Minutes Page 3 of 9 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A Roll Call Vote — City Clerk Motion carried: 4-0 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. Motion: The City Council: 1 . Adopted Resolution No. 21-02 accepting the Tustin Emergency Operation Center and Corporate Yard Project (CIP No. 10067); and 2. Authorized 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. Motion: The City Council: 1 . Adopted Resolution No. 21-01 accepting the Youth Center Roof and City Hall Trellis Project (CIP No. 10032); and 2. Authorized the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. City Council January 19, 2021 Meeting Minutes Page 4 of 9 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A 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 Motion: The City Council; 1 . Adopted 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. Approved 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. Authorized 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 City Council January 19, 2021 Meeting Minutes Page 5 of 9 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A required for public use. Motion: The City Council: 1 . Declared the listed equipment surplus and not required for public use; and, 2. Authorized 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. At the request of Council Member Gomez, Director of Human Resources Derick Yasuda provided responses to questions regarding the position. It was moved by Council Member Gomez and seconded by Mayor Clark to adopt Resolution No. 21-06 to extend the term of the project position of Transportation Coordinator by five (5) years. Roll Call Vote — City Clerk Motion carred: 4-0 RESOLUTION NO. 21-06 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. At the request of Council Member Gomez, Director of Human Resources Derick Yasuda provided responses to questions regarding the position. It was moved by Council Member Gomez and seconded by Council Member Gallagher to adopt Resolution No. 21-05 authorizing the City to employ Andrea Albin City Council January 19, 2021 Meeting Minutes Page 6 of 9 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A on a temporary part-time basis in the retired annuitant position of Property and Evidence Specialist. Roll Call Vote — City Clerk Motion carried: 4-0 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 Senior Management Analyst Ken Piguee and Townsend Public Affairs Consultants Eric O'Donnell and Casey Elliot provided a presentation. Staff has prepared a summary of state legislative activity. The City Council unanimously received and filed the legislative update. OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Thanked Senior Analyst Ken Piguee for taking the lead and members of the departments who assisted in the selection of Townsend Public Affairs. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gomez January 14 Was unable to attend the Tustin Area Senior Advisory Board meeting, but will share the minutes from the meeting once they are made available; announced the Senior Center Annual Fund meeting is next week and will report at the next City Council meeting. Announced she took the Oath of Office for the Orange County Mosquito and Vector Control Board last week; first meeting will be on Thursday, January 21 , 2021 ; orientation is still pending completion. Announced she was selected by the City Selection Committee to serve as the representative to the Emergency Medical Care Committee; was unable to receive the meeting information in time due to appointment being on Thursday evening and the meeting being on Friday morning; the Emergency Medical Care Committee is a vital asset to the medical community of Orange County and as this pandemic has worsened, it has placed City Council January 19, 2021 Meeting Minutes Page 7 of 9 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A further strain on the medical resources in the County; committee discusses the hospital diversion process and patient off-load time; wait times for ambulances in Los Angeles County have greatly increased so that's something we will watch in Orange County; Tustin Police Chief Stu Greenberg was also appointed to the Committee to represent the Orange County Chiefs of Police and Orange County Sheriff's Department; will report accordingly once the minutes are available. Encouraged everyone to remain vigilant by wearing masks, maintaining physical distance, washing hands and staying home when feasible. Council Member Gallagher January 8 Attended the Water Advisory Committee of Orange County meeting; a presentation was given by Michael Gunson, PhD, Global Change & Energy Program Manager & OCO-2 Project Scientist from Jet Propulsion Laboratory, on a Scientific Look at Earth's Emissions and What They Mean for Water; was educational but not relevant to Tustin. December 16 Attended the Orange County Sanitation District (OCSD) Board meeting; OCSD is one of five major waste water agencies that partner with the CDC to do a pilot test program in sampling for COVID-19 in the waste water. Mayor Pro Tem Lumbard January 14 Announced he was sworn into the Foothill/Eastern Transportation Corridor Agency Board of Directors; a major priority for the board is the 241 Toll Road and the 91 Freeway transition bridge; building over the next couple of years will be a dedicated carpool bridge to the 91 Freeway to help levitate traffic for Tustin commuters. January 19 Participated in the first of three workshops for the Santa Ana Watershed Ambassador Program; covered the history, the separate agencies and the Southern California creeks that provide water to Orange County; will be participating in the other workshops in the coming months. Mayor Clark Thanked Council Members for their reports on their appointed boards and committees. Thanked city staff, City Manager Matthew S. West, Communications Manager Stephanie Najera, Assistant City Manager Nicole Bernard, and Executive Coordinator Regina Blankenhorn for helping formulate the 2021 mayoral goals. City Council January 19, 2021 Meeting Minutes Page 8 of 9 DocuSign Envelope ID:2012FBAC-OB3E-4283-95D1-FOD73087AC8A Announced was appointed to the Southern California Association of Governments and Orange County Council of Governments representative for Tustin, Villa Park and Orange; will report back after the first meeting on February 4, 2021 . Nominated Council Member Gomez at the City Selection Committee for the Emergency Medical Care Committee, she was appointed and is an asset to have on the committee. January 18 Was a key note speaker for the Martin Luther King Jr. Day Celebration; was a virtual meeting hosted by Reconcile Church and Tustin Presbyterian Church; was a great event with over 100 viewers watching. Participated in weekly Mayor calls on the COVID-19 vaccine and access; hopeful for more information to share in the coming weeks. Extended thoughts to Council Member Cooper; hope he feels better soon. Announced on January 6, 2021 there was an attack on our Nation's Capital; publicly condemns any acts of violence; it is important to uplift the tenets of our democracy; as elected officials we have an obligation to the community. ADJOURNED IN MEMORY OF SHERIFF SANDRA HUTCHENS It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard to adjourn the meeting. ADJOURNED at 6:36 p.m. City Council January 19, 2021 Meeting Minutes Page 9 of 9