The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 4.6.21CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council Member Rebecca Gomez, Council Member Ryan Gallagher, Council Member APRIL 6, 2021 VIDEO CONFERENCE Letitia Clark, Mayor Matthew S. West, City Manager Erica N.Yasuda, City Clerk 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 participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to verbally address the City Council during a public meeting should electronically submit a Request to Speak form by clicking here. Submitting this form prior to the meeting will allow the City Clerk to identify who would like to speak during the correct item on the agenda. Please note: You are not required to provide your name, however please provide the screen name or phone number you will use to join the meeting. By joining the meeting, you will be able to speak but your video will not be enabled. Please see further instructions below. ASSISTANCE DURING THE MEETING If you have any questions or need assistance during the meeting, please contact City Clerk's Office by calling 714-573-3027. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. City Council April 6, 2021 Meeting Agenda Page 1 of 8 You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcode below. Meeting ID: 940 8640 1921 Passcode-600222 Please provide your name in the Zoom application to allow the City Clerk to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial 669-900-6833. When prompted use the below Meeting ID and Passcode. Meeting ID: 940 8640 1921 Passcode-600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call-in users can unmute and mute their phones by pressing *6. Call-in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS PRIOR TO AND DURING THE MEETING 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. City Council April 6, 2021 Meeting Agenda Page 2 of 8 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 maybe submitted only until the "Public Comment" portion of the agenda is concluded. 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 — #2495 ATTENDANCE — PUBLIC INPUT — Members of the public may 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(d)(1): (3 cases) A. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No. 30-2020-01161134 B. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court Case No. 30-2019-01113056-CU-PT-CXC C. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE City Council April 6, 2021 Meeting Agenda Page 3 of 8 4. LABOR NEGOTIATIONS — [Government Code § 54957.6]: Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association—Management Unit (TPMA) Employee Organization: Tustin Police Officers Association—Officer Unit (TPOA) Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part -Time Employees REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2495 PLEDGE OF ALLEGIANCE — Council Member Barry W. Cooper PUBLIC INPUT — At this time, any member of the public may 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 - Celebrate Diversity Proclamation CLOSED SESSION REPORT — City Attorney David E. Kendig INTERVIEW AND APPOINT CANDIDATES FOR THE 2021 VACANCIES City Council April 6, 2021 Meeting Agenda Page 4 of 8 Due to term expirations and vacancies, City Council direction is needed to fill vacancies on the Planning, Audit, and Community Services Commissions, Building Board of Appeals and Public Art Committee. Recommendation: It is recommended that the City Council interview candidates and make appointments for the following: o (2) Two Vacancies on the Audit Commission o Pursuant to Tustin City Code Section 1538, up to two (2) members may reside and be registered voters within the area served by the Tustin Water Department, but outside the City. Currently, one member resides in the water service area; therefore, only one additional member meeting these qualifications may be appointed. o (3) Three Vacancies on the Community Services Commission o (3) Three Vacancies on the Planning Commission o (3) Three Vacancies on the Building Board of Appeals o (1) One Vacancy on the Public Art Committee 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 speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 8) 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 MARCH 16, 2021. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 16, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $837,459.35 and Demands in the amount of $7,319,315.57. City Council April 6, 2021 Meeting Agenda Page 5 of 8 4. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, CIP NO. 70020 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk Repair Project, CIP No. 70020. Recommendation: It is recommended that the City Council award a construction contract to the lowest responsive/responsible bidder, Onyx Paving Company, Inc. in the amount of $1,661,000.00, for the Annual Roadway Rehabilitation and Sidewalk Repair Project, CIP No. 70020 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 5. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER PORTIONS OF LOTS B, 1, 2 AND 12 OF TR 18197 SERVING NEIGHBORHOOD D SOUTH AT TUSTIN LEGACY Ongoing construction of the Brookfield Development in Neighborhood D South at Tustin Legacy necessitates the provision of easements for electrical service to the development. Underground electrical supply systems and communication systems are to be subsequently provided. Recommendation: It is recommended that the City Council authorize the Mayor to execute the grant of easement to Southern California Edison ("SCE") as shown on the attached easement document exhibits for the purposes of installation and maintenance of the systems as outlined in the attached easement documents; and authorize the City Manager to approve any future modifications to the proposed grants of easement which may be necessary to meet the intent of providing said services to the Brookfield project. 6. NOTICE OF COMPLETION FOR THE PEPPERTREE PARK IMPROVEMENTS PROJECT (CIP No. 20085) Construction for the Peppertree Park Improvements Project (CIP No. 20085) 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. 21-21 accepting the Peppertree Park Improvements Project (CIP No. 20085); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 21-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, City Council April 6, 2021 Meeting Agenda Page 6 of 8 ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE PEPPERTREE PARK IMPROVEMENTS (CIP 20085) 7. 2019-2020 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT The 1980 amendments to the National Historic Preservation Act of 1966 provided for the establishment of a Certified Local Government Program (CLG) to encourage the participation of local governments in the identification, evaluation, registration, and preservation of historic properties and promote the integration of local historic preservation into local planning and decision-making processes. As a participant in the program, the City of Tustin is required to submit an annual report to the State of California Office of Historic Preservation (OHP). The attached annual report summarizes the City's historic preservation efforts and describes how the City met the requirements of the program during the 2019-2020 reporting period. On March 23, 2021, the Planning Commission, as Historic and Cultural Resources Advisor, approved the Annual Report and directed staff to forward the Annual Report to the OHP. This report is forwarded to the City Council for information only. Recommendation: That the City Council receive and file this report. 8. ADOPT RESOLUTIONS ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2021 AND THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2021-2022 The Tustin Landscape and Lighting District provides funding for the maintenance of perimeter landscaping on the arterial streets and for the operation and maintenance of street lighting on public roads within the Tustin Ranch area. Resolution No. 21-23 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting Reassessment District 2021 (Reassessment District 2021) for Fiscal Year 2021- 2022. This will be followed by sending a ballot to the owner of record of each parcel within the boundaries of the Reassessment District 2021 to vote their support for forming a new Reassessment District or maintaining the levy within the District as it currently exists. If there is insufficient support for the formation of the Reassessment District 2021, an engineering analysis will be required to identify property benefits and to levy assessments in the existing District. Resolution No. 21-24 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2021-2022. Recommendation: It is recommended that the City Council: Adopt Resolution No. 21-23 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting Reassessment District 2021 Levy of Annual Assessments for Fiscal Year 2021-2022; and City Council April 6, 2021 Meeting Agenda Page 7 of 8 2. Adopt Resolution No. 21-24 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2021-2022. RESOLUTION NO. 21-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA INITIATING PROCEEDINGS FOR THE FORMATION OF THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2021 RESOLUTION NO. 21-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2021-2022 REGULAR BUSINESS ITEMS 9-10 9. STATUS OF STREET SWEEPING ENFORCEMENT DURING COVID-19 Discussion regarding street sweeping enforcement during the global COVID-19 pandemic as requested by the City Council at their March 16, 2021 meeting. Recommendation: Pleasure of the City Council. 10. DRAFT 2021 LEGISLATIVE PLATFORM Adopt the 2021 Legislative Platform that incorporates input from City Departments, the City Council, and the City's state advocacy consultant Townsend Public Affairs (TPA). Recommendation: 1. Adopt the 2021 Legislative Platform 2. Other actions at the pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, April 20, 2021 for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:30 p.m. City Council April 6, 2021 Meeting Agenda Page 8 of 8