HomeMy WebLinkAbout00 CC AGENDA 5.18.21 CITY OF TUSTIN REGULAR MAY 18, 2021
MEETING OF THE CITY COUNCIL . VIDEO CONFERENCE
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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 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
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instructions below.
ASSISTANCE DURING THE MEETING
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City Clerk's Office by calling 714-573-3027.
HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER
OR SMART DEVICE
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City Council May 18, 2021
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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
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Call-in users can raise their hand by pressing *9 but may not lower their hand
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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.
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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.
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 — #2498
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 —ANTICIPATED LITIGATION (1 case)
A. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9 related to a written threat to initiate litigation against the City for
alleged violation of the California Voting Rights Act.
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
Government Code § 54956(d)(1): (1 case)
A. Paola Fuentes-Ortega vs. City Of Tustin, City Of Santa Ana, Michael Carter; Case
No. 30-2019-01055803
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REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #2498
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Mayor Letitia Clark
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 -
o Proclamation Recognizing Asian American and Native Hawaiian/Pacific Islander
Heritage Month
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 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 MAY 4, 2021.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on May 4, 2021 .
3. RATIFICATION OF PAYROLL AND DEMANDS
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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 $862,569.27; and Demands in the amount of $1,623,353.80.
4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE RED HILL AVENUE MEDIAN IMPROVEMENTS
PROJECT, CIP NO. 70252
The plans and specifications for the Red Hill Avenue Median Improvements Project,
CIP No. 70252, have been prepared and the project is now ready for bid.
Recommendation: It is recommended that the City Council:
1 . Adopt Resolution No. 21-34 approving the plans and specifications for the Red
Hill Avenue Median Improvements Project, CIP No. 70252; and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 21-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE RED HILL AVENUE
MEDIAN IMPROVEMENTS PROJECT, CIP NO. 70252, AND AUTHORIZING
ADVERTISEMENT FOR BIDS
5. AWARD CONTRACT FOR THE NEWPORT AVENUE PAVEMENT
REHABILITATION PROJECT BETWEEN 1-5 AND HOLT AVENUE (CIP NO.
70244) AND BETWEEN SYCAMORE AVENUE AND 1-5 (CIP NO. 70245)
Staff is requesting the City Council award a construction contract to the lowest
responsive/responsible bidder for the Newport Avenue Pavement Rehabilitation
Project between 1-5 and Holt Avenue (CIP No. 70244) and between Sycamore
Avenue and 1-5 (CIP No. 70245).
Recommendation: It is recommended that the City Council award a construction
contract to the lowest responsive/responsible bidder, R.J. Noble Company, Inc. in
the amount of $1 ,349,811 .85, for the Newport Avenue Pavement Rehabilitation
Project between 1-5 and Holt Avenue (CIP No. 70244) and between Sycamore
Avenue and 1-5 (CIP No. 70245) and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
6. ADOPT RESOLUTION NO. 21-33 TO APPROVE FINAL AS-BUILT/RECORD
PLANS AND SPECIFICATIONS AND ACCEPT PUBLIC IMPROVEMENTS FOR
THE SCHOOLSFIRST FEDERAL CREDIT UNION PROJECT AND AUTHORIZE
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THE DIRECTOR OF PUBLIC WORKS TO EXECUTE REIMBURSEMENT
AGREEMENT CLOSE-OUT DOCUMENTS
Construction of the public improvements for the SchoolsFirst Federal Credit Union
(SchoolsFirst) Project have been completed to the satisfaction of the City Engineer
and are now ready for City Council acceptance. Staff is requesting City Council
approve the final as-built/record plans and specifications, including all contract
change orders authorized by the City Engineer to complete the work and authorize
the Director of Public Works to execute close-out documents and issue
reimbursement to SchoolsFirst pursuant to the Reimbursement Agreement.
Recommendation: It is recommended that the City Council adopt Resolution No.
21-33 to:
1 . Approve the final as-built/record plans and specifications, including all contract
change orders authorized by the City Engineer to complete the SchoolsFirst
Federal Credit Union (SchoolsFirst) Project public improvements; and
2. Accept the project as complete to the satisfaction of the City Engineer; and
3. Authorize the Director of Public Works to execute the Assignment Agreement
and Request for Acceptance documents for each Facility; and
4. Approve reimbursement to SchoolsFirst pursuant to the Reimbursement
Agreement.
RESOLUTION NO. 21-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING FINAL AS-BUILT/RECORD PLANS AND SPECIFICATIONS,
INCLUDING ALL CONTRACT CHANGE ORDERS AUTHORIZED BY THE CITY
ENGINEER TO COMPLETE THE WORK; TO FORMALLY ACCEPT THE PROJECT
AS COMPLETE TO THE SATISFACTION OF THE CITY ENGINEER; TO
AUTHORIZE EXECUTION OF REIMBURSEMENT AGREEMENT CLOSE-OUT
DOCUMENTS; AND TO APPROVE REIMBURSEMENT FOR THE
SCHOOLSFIRST FEDERAL CREDIT UNION (SCHOOLSFIRST) PROJECT
PUBLIC IMPROVEMENTS
7. ORANGE COUNTY TRANSPORTATION AUTHORITY REQUEST TO ACQUIRE
AN EASEMENT DEED FOR STATE ROUTE 55 PROJECT
Request for authorization to approve a Right-of-Way Contract and Easement Deed
with the Orange County Transportation Authority ("OCTA") to acquire an easement
from a portion of the Warner Avenue right-of-way located adjacent to the East side
of the State Route 55 for an interstate widening project.
Recommendation: It is recommended that the City Council:
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1 . Approve the Right-of-Way Contract and Easement Deed from the Orange
County Transportation Authority; and
2. Authorize the City Manager to execute transaction documents associated with
the Right-of-Way contract and Easement Deed between the City and OCTA,
subject to any non-substantive modifications as may be deemed necessary
and/or recommended by the City Attorney.
8. LEGISLATIVE UPDATE
Staff and the City's consultant (Townsend Public Affairs) have prepared a summary
of state legislative activity.
Recommendation: Receive and file the updated legislative matrix as of May 7.
REGULAR BUSINESS ITEM 9
9. EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL AND ASSEMBLY
USES PROGRAM AND APPLICATION FEE WAIVER
Consideration to extend the City's temporary waiver of fees for temporary use permit
applications for outdoor dining/outdoor retail sales permits and assembly uses
program to December 31 , 2021 or 90 days after the City rescinds declaration of its
local emergency, whichever is later.
Recommendation: Adopt Resolution No. 21-39 extending the Temporary Outdoor
Dining, Retail and Assembly Use Program and the waiver of its application fee to
December 31 , 2021 or 90 days after the City's declaration of local emergency expires
or is terminated, whichever is later.
RESOLUTION NO. 21-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
EXTENDING THE TEMPORARY OUTDOOR DINING, RETAIL, AND ASSEMBLY
USES PROGRAM AND THE WAIVER OF THE CITY'S FEE FOR A TEMPORARY
USE PERMIT APPLICATION FOR OUTDOOR DINING/OUTDOOR RETAIL SALES
PERMIT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, June 1 , 2021 for the Closed
Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
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