HomeMy WebLinkAboutCC MINUTES 04-21-20 DocuSign Envelope ID: DEA51DC11-4EE8-4976-9404-76EE5E34A37C
CITY OF TUSTIN REGULAR APRIL 21, 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 — #2474 at 4:00 p.m.
ATTENDANCE —
Present: Mayor Dr. Allan Bernstein and Council Members Charles E. Puckett,
Barry W. Cooper and Austin Lumbard
Absent: Mayor Pro Tem Letitia Clark (arrived at 4:18 p.m.)
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): (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 April 21, 2020
Meeting Minutes Page 1 of 9
DocuSign Envelope ID: DEA51DC11-4EE8-4976-9404-76EE5E34A37C
B. Denney vs. City of Tustin, Central District, Case No. 8:20-cv-00437-DOC-
KES
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 THE SPECIAL
MEETING OF THE CITY COUNCIL
5:00 P.M.
CALL TO ORDER— #2474 at 5:01 p.m.
PRESENTATION —The Tustin City Council recognized April as Sexual Assault Awareness
Month.
PUBLIC INPUT —
1. Ken Higman (Distributed to the City Council on 4.20.20)
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously
approved a settlement agreement in Denney vs. City of Tustin. The final version of the
document will be circulated to the public upon request.
CONSENT CALENDAR ITEMS 1-7— 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 Council Member Lumbard to 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.
City Council April 21, 2020
Meeting Minutes Page 2 of 9
DocuSign Envelope ID: DEA5DC11-4EE8-4976-9404-76EE5E34A37C
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON APRIL 7, 2020
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on April 7, 2020.
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
$793,020.39; and Demands in the amount of $2,611 ,437.73.
4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1506
Adoption of Ordinance No. 1506 establishes rules and regulations for the skatepark
at Veterans Sports Park as well as any future skate parks operated by the City of
Tustin.
Motion: That the City Council have second reading by title only and adoption of
Ordinance No. 1506.
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.
5. LOCAL EARLY ACTION PLANNING (LEAP) GRANTS PROGRAM
In February, the City received letter notification from the California Department of
Housing and Community Development of approved funding in the amount of
$310,000 associated with the SB 2 Planning Grants Program.
At this time the Community Development Department is proposing to submit a project
application for the 2020 Local Early Action Planning (LEAP) grants program (as part
of the Local Government Planning Support Grants Program). Said application will
be submitted to the State of California, Department of Housing and Community
Development, for the maximum amount of non-competitive funding allowed to the
City of Tustin ($300,000). The LEAP grants program is intended to provide funding
to local governments that assist in the preparation and adoption of planning
documents and process improvements that accelerate housing production and
facilitate compliance to implement the sixth cycle of the regional housing needs
assessment (RHNA). The City's application is anticipated to propose two projects
that support the State's program.
City Council April 21, 2020
Meeting Minutes Page 3 of 9
DocuSign Envelope ID: DEA5DC11-4EE8-4976-9404-76EE5E34A37C
Motion: That the City Council: Adopt Resolution No. 20-23 (Attachment A)
authorizing and directing the City to apply for and submit to the State of California,
Department of Housing and Community Development, the 2020 LEAP (as part of the
Local Government Planning Support Program) application in an amount of$300,000;
authorize the Community Development Director to enter into and execute an
agreement with the State for said funds, and, to manage the grant.
RESOLUTION NO. 20-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT
PLANNING SUPPORT GRANT PROGRAM FUNDS
6. AWARD OF CONTRACT FOR CUSTODIAL MAINTENANCE SERVICES FROM
JUNE 1, 2020 THROUGH JUNE 30, 2022 WITH THE OPTION OF THREE, ONE-
YEAR EXTENSIONS
Staff is requesting the City Council to award a contract for Custodial Maintenance
Services at various City of Tustin buildings and park restrooms to Merchants Building
Maintenance. The contract will provide for all daily and periodic custodial needs for
the Fiscal Year 2020-2022, with the option of three (3), one-year extensions through
June 30, 2025.
Motion: It is recommended that the City Council award this Custodial Maintenance
Services Contract to Merchants Building Maintenance, in the amount not-to-exceed
$845,268.00 annually for the period from June 1, 2020 through June 30, 2022, and
authorize the Mayor and the City Clerk to execute the contract documents on behalf
of the City.
7. ADOPT RESOLUTION NO. 20-19 APPROVING PROJECT LIST TO BE
SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR S1131
FUNDING FOR FISCAL YEAR 2020/21
In order to be eligible to receive new funding under Senate Bill 1 (SB1 ), the City is
required to submit a Project List to the California Transportation Commission (CTC)
no later than May 1, 2020.
Motion: It is recommended that the City Council:
1. Adopt Resolution No. 20-19 identifying projects to be submitted to the California
Transportation Commission for SB 1 funding; and
2. Direct staff to submit the Project List to the California Transportation Commission
on behalf of the City.
RESOLUTION NO 20-19
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2020-21
City Council April 21, 2020
Meeting Minutes Page 4 of 9
DocuSign Envelope ID: DEA51DC11-4EE8-4976-9404-76EE5E34A37C
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
PUBLIC HEARING ITEM 8
8. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED PLAN
FOR PROGRAM YEAR 2020-2025, ONE YEAR ACTION PLAN FOR PROGRAM
YEAR 2020-21, AND 2019-20 ACTION PLAN AMENDMENT
PRESENTATION: The City Council received a copy of the PowerPoint presentation
with the agenda packet and the presentation was made available to the public at that
time on the City's website.
The Housing and Community Development Act of 197 4, as amended, established
the Community Development Block Grant (CDBG) program to return federal funds to
local communities for the purpose of developing viable urban communities by
providing decent housing, suitable living environments, and by expanding economic
opportunities, specifically for low and moderate income persons. To participate in the
CDBG program, the City is required to prepare a Consolidated Plan that identifies
needs for affordable and supportive housing, community development, public
services, and economic opportunities. The Consolidated Plan is required every five
years. Annually, the City is also required to prepare a one-year Action Plan that
implements the goals and objectives contained in the Consolidated Plan. The
documents set forth in Resolution No. 20-18 fulfill these requirements.
On February 26, 2020, the Citizen Participation Committee held the first required
public hearing to receive public input and testimony, considered and provided staff
with direction on the 2020-2025 Consolidated Plan Goals and Priority Needs; and,
considered and provided a recommendation to the City Council on allocations for
public service funding requests for the Program Year 2020-21 Action Plan.
On April 2, 2020, the City of Tustin received a special allocation to its Community
Development Block grant funds (hereafter referred to as CDBG-CV) to be used to
prevent, prepare for, and respond to the coronavirus (COVID-19). This allocation was
authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act,
enacted on March 27, 2020. An amendment to the 2019-20 Action Plan is being
proposed, which would allocate CD BG-CV funds to new activity(ies ).
Public Hearing opended at 5:06 p.m.
Public Input:
1. KellyAnn Romanych, Veterans Legal Institute (Distributed to the Council on
4.21.20)
2. Families Forward (Distributed to the Council on 4.21.20)
City Clerk Erica N. Yasuda stated the Council did not receive additional public input
for the Public Hearing item.
City Council April 21, 2020
Meeting Minutes Page 5 of 9
DocuSign Envelope ID: DEA5DC11-4EE8-4976-9404-76EE5E34A37C
Public Hearing closed at 5:06 p.m.
It was moved by Council Member Puckett and seconded by Council Member
Lumbard to approve staff's recommendation:
1. Approving the 2020-2025 Consolidated Plan including the proposed use of
Program Year 2020-21 Community Development Block Grant (CDBG) funds
for inclusion in the one-year Action Plan;
2. Authorizing the Community Development Director to submit the Consolidated
Plan to the federal Department of Housing and Urban Development (HUD)
and make minor modifications to the Consolidated Plan and execute
documents, certifications, contracts, or other instruments as may be required
to carry out the CDBG program; and,
3. Amending the 2019-20 Action Plan by allocating CDBG-CV funding to
applicable activities in response to the coronavirus.
ROLL CALL VOTE — City Clerk
Motion carried: 5-0
RESOLUTION NO. 20-18
INCLUDING THE 2020-2025 CONSOLIDATED PLAN, 2020-21 ANNUAL ACTION
PLAN, AND AMENDED 2019-20 ACTION PLAN
REGULAR BUSINESS ITEM 9 AND SPECIAL MEETING ITEM
City Attorney David E. Kendig provided a PowerPoint presentation.
Public Input:
1 . Anonymous (Distributed to the City Council on 4.21)
City Clerk Erica N. Yasuda stated the Council did not receive additional public input for the
Regular Business Item 9 and the Special Meeting Item.
9. DISCUSS WHETHER ADDITIONAL MEASURES ARE CALLED FOR TO
ENCOURAGE THE USE OF FACE COVERINGS BY EMPLOYEES AND
PATRONS OF ESSENTIAL BUSINESSES.
SPECIAL MEETING ITEM
CONFIRMATION OF ORDER OF THE CITY MANAGER OF THE CITY OF TUSTIN
ACTING IN HIS CAPACITY AS DIRECTOR OF EMERGENCY SERVICES
MANDATING THE WEARING OF FACE COVERINGS IN ESSENTIAL
BUSINESSES.
City Council April 21, 2020
Meeting Minutes Page 6 of 9
DocuSign Envelope ID: DEA5DC11-4EE8-4976-9404-76EE5E34A37C
On April 20, 2020, the City Manager, acting in his capacity as Director of Emergency
Services, approved an Order requiring all Essential Businesses operating in the City to
require their employees to wear face coverings whenever one or more co-workers or
patrons are present. The Order also strongly encourages those businesses that provide
services or sales of retail goods food, or banking services to require their patrons to wear
face coverings, and strongly encourages grocery stores to establish dedicated shopping
hours for those aged 60 and older and for other at-risk populations. This item requests
that the City Council confirm the Director of Emergency Services' April 20, 2020 Order.
It was moved by Mayor Bernstein and seconded by Mayor Pro Tem Clark to approve
staff's recommendation confirming the April 20, 2020 Order entitled "Order of the City
Manager of the City of Tustin Acting in his Capacity as Director of Emergency Services
Mandating the Wearing of Face Coverings in Essential Businesses" and exclude any
application of those requirements or recommendations in people's homes.
ROLL CALL VOTE — Mayor Bernstein
Motion failed: 2-3 (Council Member Puckett, Council Member Cooper and Council
Member Lumbard dissented)
It was moved by Council Puckett and seconded by Council Member Cooper directing
that the order adopted on April 20th be recinded.
ROLL CALL VOTE — Mayor Bernstein
Motion carried: 3-2 (Mayor Bernstein and Mayor Pro Tem Clark dissented)
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced the City of Tustin is still open and providing essential business for the Tustin
community, even though City Hall is closed to the public; emails and phone calls continue
to be answered; city employees continue to find innovative ideas and solutions for working
during this time, which can be a challenging task; staff continues to partner with new
community groups in different ways; thanked the Tustin community for their continuous
support and patience.
Reminded Tustin residents with the weatherwarming up in the upcoming weeks and months
to remain diligent with the Shelter in Place Order; reassured everyone, that if the community
stays diligent with following COVID-19 policies and procedures, City Hall and city facilities
will re-open as quickly as possible.
Thanked first responders, medical personnel, essential employees, non-profits, neighbors,
and community leaders for their hard work and dedication; asked everyone to remain safe.
COUNCILMEMBER COMMENTS AND REPORTS
City Council April 21, 2020
Meeting Minutes Page 7 of 9
DocuSign Envelope ID: DEA5DC11-4EE8-4976-9404-76EE5E34A37C
Council Member Cooper
Wished front line employees, such as cashiers, would get extra stimulus or hazardous pay
during this time; announced first responders have definitely had to put themselves in harm's
way during the COVID-19 pandemic and hopes they receive some sort of compensation for
it.
Council Member Lumbard
Thanked city staff for their continuous resilience, hard work, and dedication to the Tustin
community during COVID-19; thanked City Council colleagues for their professionalism,
especially when discussing controversial topics between each other; announced Tustin is
doing a fantastic job tackling the challenges COVID-19 has had on society; Tustin should
be a model for other communities to look to on how city leaders are handling not only
agreeing on the approach on decision making but agreeing on the intent of keeping the
community safe, keeping families and friends safe, and keeping colleagues healthy;
announced that the topic of conversation during the City Council meeting was a tough
conversation; even though not everyone agreed with decisions that were made, appreciates
the good rapport Tustin City Council Members have with each other; enjoys and trusts the
relationship with colleagues.
Council Member Puckett
Announced will be glad when the COVID-19 pandemic is over; thanked the Tustin
community for adhering to the policies and procedures that have been set in place during
this time; reminded the Tustin community to continue to stick together and to stay safe.
Mayor Pro Tem Clark
Agreed with colleague's sentiments; announced the topic of conversation during the City
Council meeting was a tough conversation; is a little frustrated, has experienced loss with
a few loved ones due to the COVID-19 virus; announced even though the decision to not
move forward with measures of mandating wearing face masks, believes Tustin City Council
Members have an opportunity to make strong statements and recommendations; the Tustin
community looks to city leaders for guidance and leadership; implores colleagues to re-visit
the discussion of putting in place certain measures of mandating wearing face masks; if no
measures are put into place regarding face masks, would like to continue to strongly
suggest to the Tustin community to continue to take a strong stance to protect themselves
as well as others; asked the Tustin community to continue to take a stance to protect the
first responders, health care workers, and all essential employees.
Thanked city staff, especially City Manager, Matthew S. West and Executive Coordinator,
Regina Blankenhorn for providing information on how to help residents who are facing home
evictions or foreclosures due to loss of income during this time; was informed by Mrs.
Blankenhorn that residents who are facing an eviction can contact the Fair Housing
Foundation - Orange County who have the ability to work with a tenant's landlord properly;
tenants are currently protected by the state order.
City Council April 21, 2020
Meeting Minutes Page 8 of 9
DocuSign Envelope ID: DEA51DC11-4EE8-4976-9404-76EE5E34A37C
Mayor Bernstein
Thanked colleagues for their comments during the City Council meeting; announced
Orange County COVID-19 numbers are remarkably low; believes wearing face masks will
play an important part in preventing the spread of the COVID-19 virus; would like to re-visit
the discussion of putting in place certain measures of mandating wearing face masks; city
staff and City Council continue to work diligently to provide services and to keep the Tustin
community safe; reassured everyone that City of Tustin business is still being conducted,
emails and phone calls continue to be answered; appreciates the continuous generosity of
the Tustin community; announced Tustin non-profit groups are doing an amazing job; proud
to be the Mayor of the City of Tustin; city staff continues to do an amazing job providing
services to Tustin residents; Tustin Police Department is unparallel and put themselves on
the line every day to make sure the Tustin community remains safe; announced even
though COVID-19 cases are still accruing, there is a light at the end of the tunnel; hoping to
be on the down slope of COVID-19 cases; strongly encourages anyone who leaves their
house to please wear a face mask; strongly encourages everyone to continue to practice
social distancing; the City of Tustin continues to do a fantastic job; asked everyone to
continue to be diligent with following the current policies and procedures that have been set
in place; thanked spouses of essential workers for their support.
Announced at sundown on April 21, 2020 marks the end of Yom HaShoah, otherwise known
as Holocaust Remembrance Day.
Adjourned in memory of each and every life which was lost during the Holocaust.
ADJOURNED at 6:13 p.m.
DR. ALLAN BERNSTEIN, ERICA N. YASUDA,
Mayor City Clerk
City Council April 21, 2020
Meeting Minutes Page 9 of 9