The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 2.2.21 Revised CITY OF TUSTIN REGULAR FEBRUARY 2, 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=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 February 2, 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 — #2491 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. LIABILITY CLAIMS - [Government Code § 54956.95]: (3 cases) A. Claim of Yesenia Real; Claim No. 20-19 B. Claim of Cheryl Ford, Claim No. 20-26 C. Claim of Julie Buetow; Claim No. 21-02 4. 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 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) City Council February 2, 2021 Meeting Agenda Page 2 of 7 A. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No. 30-2020-01161134 REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2491 PLEDGE OF ALLEGIANCE — Council Member Cooper 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. PRESENTATIONS — • Proclamation Recognizing Black History Month • Toward A Deeper Understanding: Racial Equity and Inclusion Framework for Orange County 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 7) 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 JANUARY 19, 2021. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 19, 2021 . City Council February 2, 2021 Meeting Agenda Page 3 of 7 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 $828,351.77 and Demands in the amount of $5,302,195.91 . 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the second and third quarters of 2020. The average noise level measured at Tustin's monitoring station (NMS 10N), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained fairly consistent with prior quarters during the second and third quarter reporting periods. Average noise levels during the second and third quarters continued to remain well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 5. AUTHORIZATION AND AWARD THE CONTRACT FOR 15171 DEL AMO ROOF REPAIR PROJECT (CIP NO. 10032) Staff is requesting authorization to award the 15171 Del Amo Roof Repair Project (CIP 10032). Recommendation: It is recommended that the City Council; 1 . Adopt Resolution No. 21-09 authorizing the use of Omnia Partners; Contract# PW1925 with Garland DBS, Inc. for the purchase, installation and warranty in the amount of $200,000. 2. Authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. RESOLUTION NO. 21-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING OMNIA PARTNERS PURCHASING PROGRAM TO PURCHASE CERTAIN ITEMS 6. APPROVE CONTRACT WITH THE ORANGE COUNTY WATER DISTRICT REGARDING CONSTRUCTION OF WELLS FOR SANTA ANA RIVER CONSERVATION AND CONJUNCTIVE USE PROGRAM (SARCCUP) WATER BANK City Council February 2, 2021 Meeting Agenda Page 4 of 7 The Orange County Water District (OCWD) in partnership with Santa Ana Watershed Project Authority (SAWPA) has been awarded $7,875,700 in Proposition 84 grant funds from the Department of Water Resources (DWR) for the Santa Ana River Conservation and Conjunctive Use Program (SARCCUP). Grant funds have been dedicated to construct five additional ground water wells within the OCWD service boundaries. Tustin has been selected as one of the five participating agencies to this agreement and is eligible to receive up to $1 ,575,140 in matching grant proceeds to assist in the construction of a new ground water well serving the City of Tustin. Recommendation: It is recommended that the City Council: 1 . Approve the SARCCUP Contract with Orange County Water District and authorize the Mayor and City Clerk to execute the contract; and 2. Authorize filing of CEQA Notice of Exemption with the County of Orange. 7. AMENDING THE SELECTION PROCESS FOR 2021 COMMISSION VACANCIES The ad hoc committee, consisting of Mayor Pro Tem Lumbard and Council Member Gomez, is requesting authorization to select which candidates they will interview. Recommendation: It is recommended that the City Council authorize the ad hoc committee to select which candidates they will interview. REGULAR BUSINESS ITEMS 8-10 8. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) Consider adoption of Resolution 21-07 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. 21-07 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). RESOLUTION NO. 21-07 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) 9. COUNTY OF ORANGE ECONOMIC SUPPORT FUNDS — PHASE III SMALL BUSINESS EMERGENCY GRANT PROGRAM Request for authorization to accept and appropriate County of Orange Economic Support Funds for Phase III of Tustin's Small Business Emergency Grant Program. City Council February 2, 2021 Meeting Agenda Page 5 of 7 Recommendation: Authorize the City Manager to Accept and Appropriate funds received from the County of Orange for Economic Support in the amount of $273,800. 10. MID-YEAR REVIEW FOR FISCAL YEAR 2020-2021 This report provides the City Council with a Mid-Year Budget Review of Fiscal Year 2020-2021 , which projects General Fund operating revenues to be$1.5 million higher than the adopted budget and General Fund operating expenditures to be $1.8 million under budget; and projects General Fund Reserves of $19 million at June 30, 2021 (or 27% of General Fund operating expenditures) which exceeds the City Council's minimum reserve policy of 20%. Recommendation: Staff recommends that the City Council: 1 . Adjust the amended budget for General Fund Revenues based on the projected amounts reflected within this report; 2. Re-appropriate $283,580 from unappropriated reserves of the Measure M2 Fund (Fund 139) for capital project costs on the Del Amo & Newport Ave Improvements (CIP# 70249), due to a change in the funding source for this project from Gas Tax Fund (Fund 130) to Measure M2; 3. Authorize a supplemental appropriation of $64,000 from unappropriated reserves of the Landscape Lighting District Fund (Fund 141) for costs associated with professional services related to a rate study associated with the Assessment District; 4. Authorize a supplemental appropriation of $221 ,706 from unappropriated reserves of the Assessment District 95-1 Construction Fund (Fund 431) to transfer funds to the Landscape Lighting District Fund (Fund 141) to cover operating costs; 5. Authorize a supplemental appropriation of $359,300 from additional unappropriated Special Tax B Fund (Fund 442) revenues to reimburse the General Fund for related costs; 6. Authorize a transfer of $500,000 from the Land Proceeds Fund (Fund 189) to the City's Other Post-Employment Benefits (OPEB) Trust Fund; and, 7. Authorize an additional payment of $3.3 million to CalPERS to paydown the City's unfunded pension liability. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF City Council February 2, 2021 Meeting Agenda Page 6 of 7 RETIRED EMERGENCY MANAGEMENT COORDINATOR JOE MEYERS ADJOURNMENT - The next meeting is scheduled on Tuesday, February 16, 2021 for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:30 p.m. City Council February 2, 2021 Meeting Agenda Page 7 of 7