HomeMy WebLinkAboutCC MINUTES 04-07-20 DocuSign Envelope ID:71 D71 E132-71 B6-4F47-A23D-F6C9ECCB59FC
CITY OF TUSTIN REGULAR APRIL 7, 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 — #2473 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— 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 — EXISTING LITIGATION pursuant to
Government Code § 54956.9(a): (1 case)
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 April 7, 2020
Meeting Minutes Page 1 of 7
DocuSign Envelope ID:71 D71 EB2-71 B6-4F47-A23D-F6C9ECCB59FC
4. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957):
Consultation with Police Chief and City Attorney
5. LIABILITY CLAIMS — [Government Code § 54956.95]: (1 case)
A. Claim No. 19-21, Claim of Kamal Sadarangani
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
5:00 P.M.
CALL TO ORDER — #2473 at 5:02 p.m.
PUBLIC INPUT — Mayor Bernstein stated that the City received three public comments
submitted by Michelle Schumacher, Pete van Nuys and Daniel Lammie. No additional
comments were received.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously
denied Claim No. 19-21, Claim of Kamal Sadarangani. Other than that, there was no reportable
action.
CONSENT CALENDAR ITEMS 1-6 —
City Clerk Erica N. Yasuda stated the Council did not receive public comments for the
Consent Calendar. It was moved by Council Member Puckett and seconded by Mayor Pro
Tem Clark to pull Item No. 6, as requested by City Attorney David E. Kendig, and approve
the balance as recommended by staff.
ROLL CALL VOTE — City Clerk
Motion carried: 5-0
1. 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 REGULAR MEETING OF THE CITY COUNCIL
HELD ON MARCH 31, 2020
City Council April 7, 2020
Meeting Minutes Page 2 of 7
DocuSign Envelope ID:71 D71 EB2-71 B6-4F47-A23D-F6C9ECCB59FC
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on March 31, 2020.
3. RATIFICATION OF PAYROLL
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
$821 ,674.54.
4. MODIFICATION OF THE SCHEDULE OF THE REGULAR MEETINGS OF THE
PLANNING COMMISSION
Consider revising the schedule of regular meetings of the Tustin Planning
Commission.
Motion: That the City Council adopt Resolution Number 20-22 approving a modified
schedule of regular meetings of the Planning Commission.
RESOLUTION NO. 20-22
A RESOLUTION APPROVING A MODIFIED SCHEDULE OF REGULAR
MEETINGS OF THE PLANNING COMMISSION
5. PROPOSED ORDINANCE FOR SKATEPARK RULES AND REGULATIONS
The proposed Ordinance 1506 would, if adopted, establish rules and regulations for
the skatepark at Veterans Sports Park as well as any future skate parks operated by
the City of Tustin.
Motion: It is recommended that the City Council:
1 . Conduct first reading by title only of Ordinance No. 1506 amending the Tustin
City Code by adding Section 7115 to Article 7, Chapter 1 of the Tustin City
Code to adopt rules and regulations related to skateparks.
ORDINANCE NO. 1506
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING NEW SECTION 7115 TO CHAPTER 1 (PARKS) OF
ARTICLE 7 (PUBLIC FACILITIES) OF THE TUSTIN CITY CODE REGARDING
SKATEBOARD PARK RULES AND REGULATIONS.
6. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT
AND MANAGEMENT EMPLOYEES
City Attorney David E. Kendig provided a PowerPoint presentation.
City Council April 7, 2020
Meeting Minutes Page 3 of 7
DocuSign Envelope ID:71 D71 EB2-71 B6-4F47-A23D-F6C9ECCB59FC
Adoption of the attached Resolution will modify the Vehicle Allowance policy for
unrepresented Police Executive Management and Management employees.
It was moved by Council Member Lumbard and seconded by Mayor Bernstein to
adopt Resolution No. 20-20 amending the City's Classification and Compensation
Plans for Executive Management and Management employees to modify the Vehicle
Allowance policy.
ROLL CALL VOTE — City Clerk
Motion carried: 5-0
RESOLUTION NO. 20-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED
EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND
SUPERSEDING RESOLUTION 19-29
REGULAR BUSINESS ITEM 7
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ENCOURAGING THAT ALL NON-RESIDENTIAL LANDLORDS
ABIDE BY THE GOVERNOR'S MARCH 16, 2020 EXECUTIVE ORDER N-28-20,
AND TO OFFER VOLUNTARY RENT DEFERRAL PROGRAMS TO THEIR
TENANTS
City Attorney David E. Kendig provided a PowerPoint presentation.
Consider adopting a Resolution encouraging the non-residential landlords to abide
by the Governor's Executive Order N-28-20 concerning evictions of commercial
tenants, and to offer voluntary rent deferral programs for non-commercial tenants in
the City of Tustin.
Public Input: City Clerk Erica N. Yasuda stated that the Council received one public
comment from Lee Fink.
It was moved by Council Member Puckett and seconded by Council Member Clark
to:
1. Adopt Resolution 20-21 entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ENCOURAGING ALL NON-RESIDENTIAL
LANDLORDS AND UTILITIES TO ABIDE BY THE GOVERNOR'S MARCH 16, 2020
EXECUTIVE ORDER N-28-20, AND ENCOURAGING NON-RESIDENTIAL
LANDLORDS TO OFFER RENT-DEFERRAL PROGRAMS TO TENANTS" (see
Attachment 1).
City Council April 7, 2020
Meeting Minutes Page 4 of 7
DocuSign Envelope ID:71 D71 EB2-71 B6-4F47-A23D-F6C9ECCB59FC
2. Authorize City staff to offer rent deferral and recovery options to non-residential
tenants on City-owned property for those tenants experiencing a significant reduction
in business income related to the COVID-19 pandemic.
ROLL CALL VOTE — City Clerk
Motion carried: 5-0
RESOLUTION NO. 20-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ENCOURAGING ALL NON-RESIDENTIAL LANDLORDS AND UTILITIES TO
ABIDE BY THE GOVERNOR'S MARCH 16, 2020 EXECUTIVE ORDER N-28-20,
AND ENCOURAGING NON-RESIDENTIAL LANDLORDS TO OFFER RENT-
DEFERRAL PROGRAMS TO TENANTS
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced our society is several weeks into the COVID-19 pandemic; city staff is
continuing to keep the Tustin community informed with up to date information; the City of
Tustin website (www.tustinca.org) continues to be a great source for COVID-19 updates;
thanked the City Council for their continuous support with city staff during this time;
announced over the past several weeks city departments have had to take precautionary
operational measures which lead to the closure of City Hall and all city facilities in order to
limit the spread of COVID-19; these closures were directed by public health officials; the
following are the new normal guidelines for City of Tustin personal due to COVID-19:
o Employees are working from home when possible
o Employees are maintaining social distancing when at work
o Closure of city parks and city park restrooms
o Keeping hands clean when at work
o Issuing personal protective equipment when city employees are interacting with the
public
o Providing staff training on proper use of the personal protective equipment
o Screening emergency calls for potential COVID-19 situations
o Limiting close contact between employees and the public
Reminded the public that Tustin City Hall is open and city employees are conducting city
business; although City Hall doors are locked that does not mean city services are not being
offered; city phone lines and emails are still being answered; appreciates the community's
and City Council's support during this time; if unsure on which department to contact, please
call (714) 573-3027; asked everyone to please stay safe.
COUNCILMEMBER COMMENTS AND REPORTS
City Council April 7, 2020
Meeting Minutes Page 5 of 7
DocuSign Envelope ID:71 D71 EB2-71 B6-4F47-A23D-F6C9ECCB59FC
Council Member Cooper
Wished everyone a happy Easter; prayers to those who may be suffering financially due to
loss of a job or loss of work hours due to COVID 19; announced by working together
everything is going to be alright sooner than later.
Council Member Lumbard
Thanked city staff for being so flexible and innovative while tackling the COVID 19
challenge; thanked city staff at City Hall as well as the Tustin law enforcement personnel
who are putting themselves at risk by helping out the community; wanted to reassure the
Tustin community that City Council supports them; thanked the Tustin community for
following the social distancing guidelines; announced if everyone sticks together, listens to
the authorities and upholds to the data that continues to come out, like Council Member
Cooper said, the Tustin Community will get through this.
Council Member Puckett
Asked the Tustin community to continue to stick together and to follow the rules that are
meant to keep everyone safe; hopes everyone stays safe; wished everyone a happy Easter.
Mayor Pro Tem Clark
Echoed colleagues sentiments; applauded California Governor Gavin Newsom for taking
the appropriate steps in protecting commercial tenants by passing his Executive Order N-
28-20 which authorized local governments, including the City of Tustin, to create limitations
on residential and commercial evictions; the City of Tustin was already leaning in the same
direction; is very encouraged by the leadership Tustin is providing to the community;
announced Tustin City Council is willing to take important stances on issues to protect the
Tustin community; echoed what Los Angeles Mayor Eric Garcetti said a few weeks ago,
"everyone needs to operate with warm hearts and cool heads"; believes the Tustin
community is doing that the best way they can; appreciates the passing of Resolution 20-
21; thanked city staff, City Council, and the Tustin community for being creative and nimble
with decisions that are being made; thanked everyone for taking COVID-19 seriously and
for following the guidelines public health officials are implementing; asked everyone to
continue to stay safe.
Mayor Bernstein
Thanked city staff and colleagues for their innovative thinking and for dealing nimbly with
an unprecedented situation, for acting in the best interest of the constituents; thanked Tustin
non-profit groups, the Tustin Chamber of Commerce, and the citizens of Tustin for all their
efforts during COVID-19; recommended to wear a facial mask to everyone who needs to
be out in public; asked everyone to remain vigilant during this time; congratulated
colleagues for their forward thinking in approving Resolution 20-21; thanked city staff and
City Attorney David E. Kendig for their hard work in putting the resolution together;
announced Tustin leadership is moving forward; congratulated California Governor Gavin
City Council April 7, 2020
Meeting Minutes Page 6 of 7
DocuSign Envelope ID:71 D71 E132-71 B6-4F47-A23D-F6C9ECCB59FC
Newsom on his foresight by instituting social distancing at an early stage of the COVID-19
pandemic; for more information or questions regarding COVID-19, please visit the City of
Tustin website at www.tustinca.org and click on the COVID-19 link.
Wished everyone a happy Easter and happy Passover.
Thanked the Tustin Police Department and all the first responders for being out on the front
lines and for continuing to protect the Tustin community.
ADJOURNED at 5:21 p.m.
DR. ALLAN BERNSTEIN, ERICA N. YASUDA,
Mayor City Clerk
City Council April 7, 2020
Meeting Minutes Page 7 of 7