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Home My WebLink AboutCC MINUTES 03-31-20DocuSign Envelope ID: A21079OF-F69B-44FD-Al8E-D37843C1BOC2 CITY OF TUSTIN REGULAR MARCH 31, 2020 MEETING OF THE CITY COUNCIL VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Charles E. Puckett, Council Member Dr. Allan Bernstein, Mayor Matthew S. West, City Manager Barry W. Cooper, Council Member Erica N.Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING — 4:00 p.m. CALL TO ORDER — #2472 at 4:00 p.m ATTENDANCE Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark and Council Members Charles E. Puckett, Barry W. Cooper and Austin Lumbard Absent: None City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT — No public input was submitted. 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(a): (2 cases) A. 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 March 31, 2020 Meeting Minutes Page 1 of 5 DocuSign Envelope ID: A21079OF-F69B-44FD-Al8E-D37843C1BOC2 B. William Ross v. City of Tustin; Case No.: 8:18 -CV -02219 4. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): Consultation with Police Chief and City Attorney MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER at 5:06 p.m. PUBLIC INPUT — No public comments were submitted. CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously approved the settlement agreement with the William Ross vs City of Tustin case providing for a payment of $90,000 in exchange for a full release of all claims. Other than that, there was no reportable action. CONSENT CALENDAR ITEMS 1-4 — It was moved by Council Member Puckett and seconded by Council Member Lumbard to approve the Consent Calendar as recommended by staff. ROLL CALL VOTE — City Clerk Motion carried: 5-0 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: 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 SPECIAL MEETING OF THE CITY COUNCIL HELD ON MARCH 20, 2020, THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON MARCH 24, 2020 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON MARCH 25, 2020. Motion: That the City Council approve the Action Minutes of the Special Meeting of the City Council held on March 20, 2020, the Special Closed Session Meeting of the City Council held on March 24, 2020 and the Special Meeting of the City Council held on March 25, 2020. City Council March 31, 2020 Meeting Minutes Page 2 of 5 DocuSign Envelope ID: A21079OF-F69B-44FD-Al8E-D37843C1BOC2 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: It is recommended that the City Council approve Payroll in the amount of $803,938.56; and Demands in the amount of $7,588,954.80. 4. APPROVE A "DESIGNATION OF APPLICANT'S AGENT RESOLUTION" TO BEGIN THE RECOVERY PROCESS WITH FEMA AND CAL-OES FOR THE COVID-19 EMERGENCY In accordance with section 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, eligible emergency protective measures taken to respond to the COVID- 19 emergency at the direction or guidance of public health officials may be reimbursed under Category B of FEMA's Public Assistance Program. California Office of Emergency Services (Cal-OES) form 130 - Designation of Applicant's Agent Resolution must be approved to begin the recovery process for the COVID-19 emergency. Motion: Adopt the resolution approving a CalOES Form 130 - Designation of Applicant's Agent Resolution to begin the recovery process for the COVID-19 emergency. REGULAR BUSINESS ITEM 5 5. SUSPENSION OF GENERAL LEAVE ACCRUAL CAP FOR EXECUTIVE MANAGEMENT EMPLOYEES City Attorney David E. Kendig provided a report on executive compensation and stated the recommended action: Adopt Resolution No. 20-17 suspending the cap on the accrual of paid General Leave for Executive Management employees for a period of 90 days, or for the duration of the declared local state of emergency, whichever is longer. To ensure the continued provision of essential services during the COVID-19 pandemic, the City Council authorized a temporary suspension of the cap on accrual of paid General Leave for non -Executive Management employees at a Special Meeting on March 20, 2020. Since compensation and benefits for Executive Management employees may only be adjusted at a Regular Meeting of the City Council, Council authorization for suspending the cap on accrual of paid General Leave for these employees is recommended at this time. It was moved by Council Member Lumbard and seconded by Council Member Puckett to adopt Resolution No. 20-17 suspending the cap on the accrual of paid General Leave for Executive Management employees for a period of 90 days, or for the duration of the declared local state of emergency, whichever is longer. City Council March 31, 2020 Meeting Minutes Page 3 of 5 DocuSign Envelope ID: A21079OF-F69B-44FD-Al8E-D37843C1BOC2 ROLL CALL VOTE — City Clerk Motion carried: 5-0 RESOLUTION NO. 20-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SUSPENDING THE CAP ON ACCRUAL OF PAID GENERAL LEAVE FOR EXECUTIVE MANAGEMENT EMPLOYEES SPECIAL MEETING ITEM — COUNCIL BUSINESS 1. CONSIDERATION OF FULL CLOSURE OF PARKS IN THE CITY IN RESPONSE TO COVID-19 PANDEMIC, GOVERNOR'S STAY-AT-HOME ORDER, AND HEALTH OFFICERS' SOCIAL DISTANCING ORDERS City Attorney David E. Kendig provide a report. Public Input: The City Council received one public comment from Brad Losey. Motion: It was moved by Council Member Cooper to move forward with full closure of public and private parks. Amended Motion: Mayor Pro Tem Clark amended the motion to move forward with closure of public parks. Council Member Cooper did not accept the amendment. Original Motion: It was moved by Council Member Cooper to move forward with full closure of public and private parks. The motion was seconded by Mayor Pro Tem Clark. ROLL CALL VOTE — City Clerk Motion failed: 2-3 (Mayor Bernstein, Council Member Puckett and Council Member Lumbard dissented) Motion: It was moved by Council Member Lumbard to stay the course and not amend the previous action but highlight the urgency to the community that they must abide by the orders or it will be more restrictive. Motion seconded by Council Member Puckett. Amended Motion: Mayor Bernstein amended the motion to include locking the basketball hoops and removing the tennis court nets immediately. Council Member Lumbard accepted the amendment to his original motion. ROLL CALL VOTE — City Clerk Motion carried: 4-1 (Council Member Cooper dissented) COUNCILMEMBER COMMENTS AND REPORTS City Council March 31, 2020 Meeting Minutes Page 4 of 5 DocuSign Envelope ID: A210790E-F69B-44FD-Al8E-D37843C1BOC2 Council Member Cooper No report Council Member Lumbard Thanked city staff and the Police Department for their hard work and efforts in dealing with COVID-19 pandemic and keeping the Tustin community safe; thanked the Police Department for their round the clock efforts. Council Member Puckett Echoed Council Member Lumbard's comments; thanked the Police Department for their continuous efforts in protecting the Tustin community during this time. Mayor Pro Tem Clark Thanked city staff and the Police Department for their ongoing efforts with the dialog and communication during this tough time; requested a discussion at the next City Council meeting regarding the eviction and foreclosure moratorium; Governor Gavin Newsom addressed residential properties; hoping to be able to include commercial properties locally as well. Mayor Bernstein Announced in March, California became the first state to implement the Shelter -in -Place and the Stay -at -Home Orders; thanked the Tustin community for helping to flatten the COVID-19 curve; thoughts and prayers are with those who have been affected with the COVID-19 virus; to reduce the spread of COVID-19, everyone is being asked to make the necessary sacrifices so health care agencies do not become overwhelmed and the most vulnerable residents are protected; requested all Tustin residents to be active participants with community efforts to help stop the spread of COVID-19; announced City Council Members, city staff, and the Police Department are doing everything they can to help protect the community; for more information and to keep updated on COVID-19, please visit the City of Tustin website at www.tustinca.org and click on the COVID-19 link; announced if anyone thinks they have symptoms of the COVID-19 virus, please contact the Orange County Public Health referral line; reminded everyone to please continue to practice social distancing, wash hands regularly, and to stay home as much as possible during this time. ADJOURNED at 5:49 p.m. DR. ALLAN BERNSTEIN, Mayor ERICA N. YASUDA, City Clerk City Council March 31, 2020 Meeting Minutes Page 5 of 5