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Home My WebLink AboutCC MINUTES 05.18.21 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 CITY OF TUSTIN REGULAR MAY 18, 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 — #2498 at 4:30 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. 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 City Council May 18, 2021 Meeting Minutes Page 1 of 9 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 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 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #2498 at 6:18 p.m. INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Mayor Letitia Clark PUBLIC INPUT — 1 . Greg Taddeo PRESENTATION - Mayor Clark presented a Proclamation to Jerry Raburn, representative for the Thai Americans Against Asian Hate and Organization for Chinese Americans, in honor of Asian American and Native Hawaiian/Pacific Islander Heritage Month. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. CONSENT CALENDAR ITEMS 1-8 — It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to approve the Consent Calendar as recommended by staff. Roll Call — City Clerk Motion carried: 5-0 City Council May 18, 2021 Meeting Minutes Page 2 of 9 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 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 MAY 4, 2021. Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on May 4, 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 $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. Motion: The City Council: 1 . Adopted Resolution No. 21-34 approving the plans and specifications for the Red Hill Avenue Median Improvements Project, CIP No. 70252; and 2. Authorized 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 City Council May 18, 2021 Meeting Minutes Page 3 of 9 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 Project between 1-5 and Holt Avenue (CIP No. 70244) and between Sycamore Avenue and 1-5 (CIP No. 70245). Motion: The City Council awarded 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 authorized 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 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. Motion: The City Council adopted 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 City Council May 18, 2021 Meeting Minutes Page 4 of 9 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 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. Motion: The City Council: 1 . Approved the Right-of-Way Contract and Easement Deed from the Orange County Transportation Authority; and 2. Authorized 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. Motion: The City Council receive and filed 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 Director of Community Development Justina Willkom provided a PowerPoint presentation. 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. Public Input — 1 . Greg Taddeo It was moved by Mayor Clark and seconded by Council Member Gomez to 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 City Council May 18, 2021 Meeting Minutes Page 5 of 9 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 later. Roll Call - City Clerk Motion carried: 5-0 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 REPORT City Manager Matthew S. West Announced, in regards to COVID-19, Orange County will move into the yellow tier on May 19, 2021; under the yellow tier of Governor Gavin Newsom's Four-Tier Blueprint for a Safer Economy; more businesses will be able to open up indoors with greater ease; hopes to see this transition stay positive through the summer as the County of Orange returns to a state of normalcy; the City will keep the public informed on the new guidelines in the community and with the businesses. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gallagher May 5 Attended the Orange County Sanitation District (OCSD) Operations Committee meeting. Requested information on how Tustin compares to its neighboring cities in regards to the inclusionary housing ordinance that was put in place three years ago; asked for a comparison on how Tustin is doing relative to its neighboring cities in development impact fees; would like to see what funds and number of housing units the City of Tustin has accrued through this program. City Manager Matthew S. West Asked how the City Council would like the item presented; as a public discussion or information for the City Council off line. Council Member Gallagher Asked City Council colleagues if there is interest in bringing this item for discussion or solely for information purposes on a consent calendar. City Council May 18, 2021 Meeting Minutes Page 6 of 9 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 Mayor Pro Tem Lumbard Mentioned his interest and would like to have the item on the consent calendar as a receive and file item. Mayor Clark Agreed to have the item on the consent calendar as a receive and file item. Council Member Gomez May 5 Attended the Orange County Mosquito and Vector Control District's Policy and Personnel Committee meeting; discussed staffing proposals for the upcoming year and a closed session item regarding litigation. May 10 Attended the Orange County Mosquito and Vector Control District's Budget and Finance Committee meeting. May 6 Attended the Senior Center Advisory Board meeting; highlighted the following activities which occurred at the Senior Center: • Community Yard Sale was a big success; • Senior Center hosted a shredding event with North Hills Realty raising almost a $1 ,000 at the event; • Announced the recent presentation by the Orange County Council on Aging given to the Senior Center staff; this presentation will also be given to the Senior Center Advisory Board; • Announced the phased opening of the Senior Center started on May 17, 2021; COVID-19 guidelines will be followed; will report more information once available; • Announced the next Senior Advisory Board meeting will be held on July 1 , 2021 . May 7 Attended the California State University, Fullerton's Townhall meeting with Professor Scott Spitzer; great presentations by students on public policy issues; COVID-19 and current economic development were issues that were discussed. May 11 Met with Foothill Regional Hospital's administration to receive an update on their hospital operations. May 12 Attended the Tustin City Council Strategic Plan Workshop. Announced, over the weekend, attended education workshops on Governor Gavin Newson's revised budget and how it will affect Tustin schools; suggested everyone be on City Council May 18, 2021 Meeting Minutes Page 7 of 9 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 the look out for more information on the budget. Council Member Cooper No report. Mayor Pro Tem Lumbard May 5 Attended the Transportation Corridor Agencies (TCA) Joint Capital Programs & Projects meeting. May 6 Participated in the Building Industry Association (BIA) forum; Cities of Mission Viejo, Santa Ana, and Tustin participated in the forum to talk about development and projects. Reserved further comments for the next City Council meeting. Mayor Clark Thanked City staff for hosting the free self-defense classes on May 15, 2021 at the Clifton C. Miller Community Center; thanked City Manager, Matthew S. West, Assistant City Manager, Nicole Bernard, and Director of Parks and Recreation, Chad Clanton as well as his staff; was an all-day event; attended a session with her daughter; great information was provided on how to avoid conflict. Announced upcoming events: • Water Safety Challenge Day will be on May 22nd from 10:00 AM to 12:00 PM at the Civic Center Parking lot; Tustin will host its first Water Safety Challenge Day to promote Drowning Prevention; will be a fun and safe event; several booths providing info and demos, and participants will receive a Water Safety Challenge certificate, goodie bag, and the first 100 children will receive a gift card for a free Chick-fil-A kid's meal; announced Olympic Bronze and Gold medalist, Jessica Hardy, will be in attendance; encouraged the public to attend this free event. • City Council Proposed Biennial Budget Workshop will be on May 24th at 4:15 PM; announced the public can join the meeting through the regular City Council meetings zoom link, which is available on the website on the agendas page. • Tustin Police Department's Virtual Open House will be June 5th at 11 :00 AM; visit tustinpd.org for more information. Asked staff to include an update during the Budget Workshop on when the City will receive The American Rescue Plan Act of 2021 (ARPA) funds; has received inquiries on when the City will allocate the ARPA funds to organizations. City Council May 18, 2021 Meeting Minutes Page 8 of 9 DocuSign Envelope ID: F41 D5931-CA55-4C2F-B857-CA3F4944C6D8 ADJOURNED at 6:54 p.m. 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. DocuSigned by: DocuSigned by: �VtCa (�aStti�,a LETITIA CLARK, ERICA N. YASUDA, Mayor City Clerk City Council May 18, 2021 Meeting Minutes Page 9 of 9