HomeMy WebLinkAbout02 CC MINUTES 5.5.20Agenda Item 2
Reviewed:
City Manager ENY
Finance Director N/A
CITY OF TUSTIN REGULAR MAY 5, 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 — #2475 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
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May 5, 2020
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Action No. SA CV 18-00155 DOC JDE
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. 20-05, Claim of Law Office of Benjamin Arsenian OBO: Alyssa
Madrigal
Recessed at 4:55 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
5:00 P.M.
CALL TO ORDER — #2475 at 5:02 p.m.
PUBLIC INPUT —
1. Denise Colber
2. Michelle Schumacher
CLOSED SESSION REPORT — City Attorney David E. Kendig: By a vote of 4-1, with Mayor
Pro Tem Clark dissenting, the City Council denied the request to submit a late claim regarding
Claim No. 20-05 sibmitted by the Law Office of Benajmin Arsenian, on behalf of Alyssa Madrigal.
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 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
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May 5, 2020
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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 APRIL 21, 2020
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on April 21, 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
$787,244.68; and Demands in the amount of $2,121,805.29.
4. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING
FISCAL YEAR 2020-2021 ASSESSMENTS
At the February 18, 2020 meeting, the City Council ordered the preparation of an
Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and
Lighting District. The Engineer's Report has now been completed and is ready for
City Council approval. Additionally, it is requested that the City Council declare its
intention to levy annual assessments and set a public hearing for June 2, 2020.
Motion: It is recommended that the City Council:
Adopt Resolution No. 20-24 approving the Engineer's Report for the Tustin
Landscape and Lighting District for Fiscal Year 2020-2021; and
2. Adopt Resolution No. 20-25 declaring its intention to levy annual assessments
for Fiscal Year 2020-2021 and setting a public hearing for June 2, 2020.
RESOLUTION NO. 20-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR
2020-2021
RESOLUTION NO. 20-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF
ASSESSMENT FOR FISCAL YEAR 2020-2021 FOR THE IMPROVEMENT,
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MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING
FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT
ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF
5. PFAS TREATMENT FACILITIES AND PROGRAM AGREEMENT WITH THE
ORANGE COUNTY WATER DISTRICT
Tustin Water Services currently operates three groundwater wells potentially
impacted by per -and polyfluoroalkyl substance (PFAS) contamination in the Orange
County Groundwater Basin. Staff and the City Attorney have been working with the
Orange County Water District (OCWD) and nine other groundwater producer
agencies to develop a PFAS Treatment Facilities and Program Agreement
(Agreement) that will facilitate OCWD funding 100 percent of the design and
construction, as well as 50% of operation and maintenance costs for treatment
facilities to remove PFAS contamination at affected drinking water wells within the
groundwater basin.
Motion: It is recommended that the City Council approve the Program Agreement
with the Orange County Water District in the forma attached hereto, subject to any
non -substantive revisions or corrections consistent with the intent of the agreement
as approved by the City Attorney, and authorize the Mayor and City Clerk to execute
the agreement.
6. APPROVE GRANT OF EASEMENT TO IRVINE RANCH WATER DISTRICT FOR
SEWER SIPHON FACILITY IMPROVEMENTS AT THE TUSTIN METROLINK
STATION
Irvine Ranch Water District's Sewer Siphon Improvements Project includes
installation of facilities on the Tustin Metrolink Station Property. It is therefore
necessary for the City of Tustin to grant an easement to Irvine Ranch Water District
(IRWD) for the sole object and purpose of constructing and maintaining IRWD
facilities on the easement area, as described in the Grant of Easement.
Motion: It is recommended that the City Council grant a non-exclusive easement to
the Irvine Ranch Water District on the Tustin Metrolink Station Property for sewer
facilities, electrical appurtenances, and related access purposes, as shown on the
attached easement document exhibits, and authorize the Mayor and City Clerk to
execute the document on behalf of the City.
REGULAR BUSINESS ITEMS 7-8
7. STATUS UPDATE REGARDING COVID-19 ORDERS AND REGULATIONS
AFFECTING TUSTIN RESIDENTS AND BUSINESSES.
City Attorney David E. Kendig provided a PowerPoint presentation.
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May 5, 2020
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Public Input -
1 .
nput:
1. Kim Leason
2. Amanda Lebrecht
3. Tom Camaj
4. Wendy Joe
5. Anonymous 1
6. Anonymous 2
7. Anonymous 3
It was moved by Council Member Lumbard and seconded by Council Member
Puckett to, by minute order, direct that those activities approved by the State in the
most recent guidance be approved in Tustin parks except as determined by the City
Manager.
Amended Motion: Mayor Pro Tem Clark proposed an amended motion to direct staff
to update signage to ensure its consisten with the new direction. It was moved by
Council Member Lumbard and seconded by Council Member Puckett to approve the
amended motion.
ROLL CALL VOTE — City Clerk
Motion carried: 5-0
8. LEGISLATIVE UPDATE
Director of Finance Jason AI-Iman and Management Analyst Ken Piguee provided a
presentation.
Staff has prepared a summary of legislative activity.
City Clerk Erica N. Yasuda stated the Council did not receive any public input for this
item.
It was moved by Mayor Bernstein and seconded by Council Member Puckett to:
1. Approve letter to Governor Newsom requesting state recovery actions for
cities in line with the League of California Cities' campaign and authorize staff
to continue to advocate for similar actions.
2. Approve letter to Governor Newsom requesting state recovery actions for
counties and authorize staff to continue to advocate for similar actions.
ROLL CALL VOTE — City Clerk
Motion carried: 5-0
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May 5, 2020
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OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced the Parks and Recreation Department is working on ideas for having a virtual
Chili Cook -Off and Street Fair event this year; city staff and the Chili Cook -Off Committee
are working on new and innovative ideas for the event.
Announced that the Director of Parks and Recreation Chad Clanton and his team are
working on new ideas for the Tustin Summer Day Camp program; recognizes once the
City of Tustin re -opens there will be a need for the program; looking to start at the
beginning of June but knows the City of Tustin will have to coincide with the State of
California's guidelines on how the program operates.
Announced is hopeful that portions of the Parks and Recreation programming will
continue; the Summer Brochure will be going out to all residents; staff continue to evaluate
the recreation classes and programs; recognizes it is currently a fluid situation.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
No report.
Council Member Lumbard
Thanked city staff for their continuous flexibility and adapting to the unknown during
COVID-19; appreciates and knows the Tustin community appreciates the hard work of
city staff; received a number of emails, particularly from Tustin business owners thanking
the City of Tustin for everything they are doing; city staff are doing a great job; looks like
and hoping things are turning around regarding COVID-19; looking forward to getting
back to regular city business and relaxing some of the current restrictions; appreciates
the hard work of city staff.
Council Member Puckett
Announced will be glad when the COVID-19 pandemic is over; reminded the Tustin
community to continue to stick together and to stay safe.
Mayor Pro Tem Clark
Thanked city staff and appreciates the hard work being provided; is in constant
communication with many of them.
Announced the Orange County - Library Advisory Board are helping community members
receive low and/or free internet services; please visit www.ocpl.org for more information
and/or for additional services; appreciates the help and assistance the Orange County
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libraries are trying to offer.
Announced has received a few comments from constituents asking about their
unemployment benefits; advised to please contact your Assemblyperson or Senator
regarding unemployment benefits since it is a state issue; please contact Assemblyman
Choi and/or Senator Moorlach who can put constituents in contact with the right
individuals.
Asked everyone to continue to remain safe and to stay healthy.
Mayor Bernstein
Thanked first responders, medical personnel, Tustin Chamber of Commerce, non -profits,
city staff, and the Tustin Police Department for continuing their guidance through this
uncertain time; asked everyone to continue to practice social distancing; asked everyone
to continue to support Tustin businesses.
Announced the County of Orange launched a new program called Great Plates Delivered
to further support seniors and local business impacted by COVID-19; the County will
partner with multiple local food providers to deliver three nutritious meals a day to seniors
who are at high-risk of COVID-19, to support them staying home and healthy; information
regarding this program can be found on the City of Tustin's website.
Congratulated the Tustin Area Council for Fine Arts (TACFA) on hosting their Mask Art
Contest; encouraged everyone to visit the TACFA website to find out more information
and to participate.
Wished everyone a Happy Mother's Day.
Wished his mother a very Happy Birthday which is on May 6th.
ADJOURNED at 5:57 p.m.
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