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Home My WebLink AboutCC MINUTES 02.02.21 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B CITY OF TUSTIN REGULAR FEBRUARY 2, 2021 MEETING OF THE CITY COUNCIL VIDEO CONFERENCE all a . 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 — #2491 at 4:32 p.m. ATTENDANCE — Present: TTENDANCE —Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council Members Barry W. Cooper, Ryan Gallagher and Rebecca Gomez 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]: (3 cases) City Council February 2, 2021 Meeting Minutes Page 1 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B 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) 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 at 5:31 p.m. PLEDGE OF ALLEGIANCE — Council Member Cooper PUBLIC INPUT — 1 . Marsha Lindsey 2. Jonathan Hawes PRESENTATIONS — Mayor Clark presented a Proclamation Recognizing Black History Month. Bobby McDonald presented a PowerPoint presentation titled "Toward A Deeper Understanding: Racial Equity and Inclusion Framework for Orange County" CLOSED SESSION REPORT— City Attorney David E. Kendig: The City Council unanimously denied Claim No. 20-19 and Claim No. 20-26. The Council denied Claim No. 21-01 with a 4-1 vote (Mayor Clark abstained). The Council will reconvene after open session to discuss Item No. 1 on the Closed Session Agenda. Other than that, there was no reportable action. City Council February 2, 2021 Meeting Minutes Page 2 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B CONSENT CALENDAR ITEMS 1-7 — It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gallagher to pull Items 5,6, and 7 and approve the balance 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 JANUARY 19, 2021. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on January 19, 2021 . 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 $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 1ON), 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. Motion: The City Council received and filed 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). City Council February 2, 2021 Meeting Minutes Page 3 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B It was moved by Council Member Gallagher and seconded by Council Member Cooper to approve the following: 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. Roll Call — City Clerk Motion carried: 5-0 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 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. It was moved by Council Member Gallagher and seconded by Council Member Gomez to: 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. Roll Call — City Clerk Motion carried: 5-0 7. AMENDING THE SELECTION PROCESS FOR 2021 COMMISSION VACANCIES City Council February 2, 2021 Meeting Minutes Page 4 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B The ad hoc committee, consisting of Mayor Pro Tem Lumbard and Council Member Gomez, is requesting authorization to select which candidates they will interview. It was moved by Council Member Gallagher and seconded by Mayor Pro Tem Lumbard to authorize the ad hoc committee to select which candidates they will interview. Roll Call — City Clerk Motion carried: 5-0 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. Public Input — Lee Fink It was moved by Council Member Gomez and seconded by Mayor Pro Tem Lumbard to adopt Resolution No. 21-07 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). Roll Call — City Clerk Motion carried: 5-0 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 Manager Matthew S. West provided a verbal presentation. It was moved by Council Member Gomez and seconded by Mayor Clark to authorize the City Manager to accept and appropriate funds received from the County of Orange for Economic Support in the amount of $273,800. Roll Call — City Clerk City Council February 2, 2021 Meeting Minutes Page 5 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B Motion carried: 5-0 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%. Mayor Clark announced that staff deferred the recommended Items 6&7 on the staff report to a meeting in June. Director of Finance Jason AI-Iman and Deputy Director of Finance Sean Tran provided a PowerPoint presentation. Public Input — Lee Fink It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gallagher to approve the following: 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; Roll Call — City Clerk Motion carried: 5-0 City Council February 2, 2021 Meeting Minutes Page 6 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced the County of Orange started an Emergency Rental Assistance Program on February 1 , 2021 ; the program will be available for one month; $60 million dollars in funds will be distributed to eligible rental households with unpaid rent or bills; those interested can call 211, text "ERA" to 898211 , or visit ERA.211 oc.org; additionally, this information is on the City of Tustin's website at www.tustinca.org. Reminded everyone of Tustin's Bridge to Care Homeless Prevention Program with Families Together of Orange County; located at 661 W. 1 st Street, Tustin, Ca 92780; contact Nancy Cerda at (714) 665-9890 Ext. 413; additionally, this information is on the City of Tustin's website at www.tustinca.org. Announced the Local Reuse Authority will hold a meeting regarding the Tustin Legacy on February 23, 2021 at 4:00 pm; this forum is a status update with the Marine Corps Air Station (MCAS) base partners including the City of Tustin, Orange County Rescue Mission on their homeless accommodation, South Orange County Community College District on the ATEP Campus, Ranch Santiago Community College District on their Sheriff Training Academy, Tustin Unified School District on their elementary and Legacy Magnet Schools, County of Orange on their Tustin Family Campus, the Animal Care Shelter and the regional part of their conveyance; should be the first of multiple public forums to come. Expressed thoughts and condolences to the family and friends of retired Emergency Management Coordinator Joe Meyers. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gallagher January 27 Attended the Orange County Sanitation District (OCSD) Board meeting; presentation was given by Orange County Water District (OCWD) on their Groundwater Replenishment System (GWRS) expansion; the world's largest advanced water purification system for potable reuse; OCWD expanded its treatment capacity from 100 to 130 million gallons per day (MGD). Council Member Gomez Announced she finished the Orange County Mosquito and Vector Control Board orientation; will be meeting later this month. January 26 Attended the Annual Meeting for the Senior Center Fund; the committee reviewed and approved the financial reports and also approved the 2021 projects; one additional project City Council February 2, 2021 Meeting Minutes Page 7 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B was discussed, to assist seniors with technology and help reduce some isolation they are feeling; received an update on the Senior Transportation program as well as an update on the Tustin Area Senior Center. Announced the City Council Ad Hoc Committee regarding City Commissions met; discussion was held during the City Council meeting. Announced on January 20, 2021 celebrated the inauguration of President Joe Biden and the peaceful transition of power from one president to another which is the bedrock of our democracy; we should all celebrate that. Council Member Cooper No report. Mayor Pro Tem Lumbard January 27 Attended the Transportation Corridor Agency's Joint Capital Programs and Projects Sub- Committee meeting; provided a report on the 241 Toll Road and the 91 Freeway transition bridge. January 28 Attended the Santa Ana River Flood Protection Agency's Executive Committee meeting; provided a report from Washington DC on building a positive relationship in order to continue funding. Mayor Clark Thanked Council Members for their reports. Attended first Orange County Council of Governments meeting last week; looks forward to serving on the board. Announced this week will have first Southern California Association of Governments meeting; will report after meeting. Attended the Orange County Fire Authority Board meeting last week. January 28 Participated in weekly Mayor calls. January 29 Attended the Orange County Health Care Agency meeting. Thanked staff for their hard work on the Mayor Clark's Corner video; thanked Council City Council February 2, 2021 Meeting Minutes Page 8 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B Members for taking time to reintroduce themselves to the Tustin community; striving to be communicative with the Tustin community through video, social media post, and any means necessary that are available. Announced she will be holding virtual office hours on February 26, 2021 ; currently booking meetings. Announced she will be touring the SOKA University's COVID-19 vacancies distribution site on February 5, 2021 ; courtesy of Aliso Viejo's Mayor Tiffany Ackley; hopeful for information on vaccine distribution sites in Tustin when available. ADJOURNED IN MEMORY OF RETIRED EMERGENCY MANAGEMENT COORDINATOR JOE MEYERS It is with profound sadness we announce the passing of retired Emergency Manager Coordinator Joe Meyers, who lost his life on Saturday, January 23, 2021 due to complications related to Covid-19. Joe was a dedicated public servant who loved serving the citizens of Tustin. Joe Meyers was employed with the City of Tustin for 24 years. He began his career with Tustin in 1995 as an Administrative Services Manager in Public Works. He later joined the Police Department as the Emergency Manager Coordinator in 2012. Joe retired in December of 2019 after a successful career and was a volunteer with the police department. Joe served every day with the sole purpose of giving back to the city he loved. Joe played an integral part in designing TPD's Emergency Operations Center in December of 2015. His vision modernized the briefing room with the latest technology to help the department run support operations during a catastrophic event. Joe worked on this project for three years and helped plan, design and oversee construction of the center. Joe also implemented Tustin PD's first Community Emergency Response Team (CERT) program in 2013. He is survived by his wife, Bev, and two adult sons, Josh and John. This is a terrible loss to the City and he will be greatly missed. On behalf of the City of Tustin, we offer our sincere condolences to the Meyers family. Please keep them in your thoughts and prayers. CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will recovene to Closed Session to discuss Item No. 1 on the Closed Session Agenda. Recessed to Closed Session at 6:34 p.m. Reconvened in Open Session at 7:40 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 7:40 p.m. The next meeting is scheduled on Tuesday, February 16, 2021 City Council February 2, 2021 Meeting Minutes Page 9 of 10 DocuSign Envelope ID: E78359A1-F198-4C06-B7AD-BE4E53F24D4B for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:30 p.m. DocuSigned by: DocuSigned by: fV'i(& Ast4& LE —fA t;tARX ER DN6'YASTJDA, Mayor City Clerk City Council February 2, 2021 Meeting Minutes Page 10 of 10