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Home My WebLink AboutCC MINUTES 05-05-20 DocuSign Envelope ID:9AF807EB-982A-4760-B45B-OEAFC240450D CITY OF TUSTIN REGULAR MAY 5, 2020 MEETING OF THE CITY COUNCIL i 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 City Council May 5, 2020 Meeting Minutes Page 1 of 7 DocuSign Envelope ID:9AF807EB-982A-4760-B45B-OEAFC240450D 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 City Council May 5, 2020 Meeting Minutes Page 2 of 7 DocuSign Envelope ID:9AF807EB-982A-4760-B45B-OEAFC240450D 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: 1 . 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, City Council May 5, 2020 Meeting Minutes Page 3 of 7 DocuSign Envelope ID:9AF807EB-982A-4760-B45B-OEAFC240450D 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. City Council May 5, 2020 Meeting Minutes Page 4 of 7 DocuSign Envelope ID:9AF807EB-982A-4760-B45B-OEAFC240450D Public Input: 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 City Council May 5, 2020 Meeting Minutes Page 5 of 7 DocuSign Envelope ID:9AF807EB-982A-4760-B45B-OEAFC240450D 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 City Council May 5, 2020 Meeting Minutes Page 6 of 7 DocuSign Envelope ID:9AF807EB-982A-4760-B45B-OEAFC240450D 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. aA�,__V_ - f�(& q0,S4& DR. ALLAN BERNSTEIN, ERICA N. YASUDA, Mayor City Clerk City Council May 5, 2020 Meeting Minutes Page 7 of 7