HomeMy WebLinkAboutCC MINUTES 05-19-20DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422
CITY OF TUSTIN REGULAR MAY 19, 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 11
MINUTES OF THE CLOSED SESSION MEETING — 4:00 p.m.
CALL TO ORDER — #2476 at 4:00 p.m.
ATTENDANCE—
Present-
TTENDANCE—
Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark and Council
Members Charles E. Puckett and Austin Lumbard
Absent: Council Member Barry W. Cooper (Arrived at 4:10 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
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Action No. SA CV 18-00155 DOC JDE
B. Kessner vs. City of Santa Clara, Santa Clara County Superior Court Case No.
20CV364054
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 TUSTIN
HOUSING AUTHORITY
5:00 P.M.
CALL TO ORDER — #2476 at 5:02 p.m.
PUBLIC INPUT —
1. Anonymous 1
2. Anonymous 2
3. Tijmen Egtberts
4. Ken Higman
5. Michelle Schumacher
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-7 —
City Manager Matthew S. West requested to pull Item No. 5. City Clerk Erica N. Yasuda
stated the City Council did not receive public comments for the Consent Calendar. It was
moved by Council Member Puckett and seconded by Council Member Lumbard to pull Item
No. 5 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.
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2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON MAY 5, 2020
Motion: That the City Council approve the Action Minutes of the Regular Meeting of
the City Council held on May 5, 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
$779,584.65; and Demands in the amount of $3,051,712.98.
4. ORANGE COUNTY TRANSPORTATION AUTHORITY OFFER TO ACQUIRE
PROPERTY RIGHTS FOR STATE ROUTE 55 PROJECT
Request for authorization to approve a right-of-way purchase contract and two
Temporary Construction Easements with the Orange County Transportation
Authority ("OCTA") to acquire property interests from a southwest portion of a City -
owned 11 -acre parcel adjacent to State Route 55 for an interstate widening project.
Motion: It is recommended that the City Council:
1. Approve the right-of-way purchase contract and two Temporary Construction
Easements from the Orange County Transportation Authority; and
2. Authorize the City Manager to execute transaction documents associated with
the right of way purchase of City -owned land and easements between the City
and OCTA, subject to any non -substantive modifications as may be deemed
necessary and/or recommended by the City Attorney.
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE PEPPERTREE PARK IMPROVEMENTS PROJECT CIP NO.
20085
The plans and specifications for the Peppertree Park Improvements Project (CIP No.
20085) have been prepared and the project is now ready for bid.
It was moved by Council Member Puckett and seconded by Mayor Pro Tem Clark to
approve the following:
1. Adopt Resolution No. 20-31 approving the plans and specifications for the
Peppertree Park Improvements Project (CIP No. 20085); and
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2. Authorize the City Clerk to advertise to receive bids; and
3. Direct that the project be funded entirely utilizing Park Development Fund 131,
and without the use of CDBG funds.
ROLL CALL VOTE — City Clerk
Motion carried: 5-0
RESOLUTION NO. 20-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE PEPPERTREE PARK
PROJECT CIP NO. 20085 AND AUTHORIZING ADVERTISEMENT FOR BIDS
6. ADOPT RESOLUTION NO. 20-27 ACCEPTING THE FLIGHT WAY (CIP NO.
70229) IN TUSTIN LEGACY FOR PUBLIC STREET PURPOSES
As a part of development of City -owned property, formerly known as Cornerstone 1,
by Flight Venture LLC (Developer), certain property (i.e. Flight Way) was constructed
and reserved for street purposes. The proposed resolution would dedicate and
accept Flight Way for public street purposes and subsequent City Council
acceptance into the City's system of streets.
Motion: It is recommended that the City Council adopt Resolution No. 20-27
accepting the dedication of Flight Way (CIP No. 70229) in Tustin Legacy for public
street purposes.
RESOLUTION NO. 20-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE DEDICATION OF FLIGHT WAY FOR PUBLIC STREET PURPOSES
7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY
Government Code Section 53646 requires that the Treasurer make an Investment
Report to the City Council at least quarterly showing balances by authorized
investment and certifying its compliance with the adopted Investment Policy.
Motion: Receive and file.
PUBLIC HEARING ITEM 8
8. FIVE-YEAR PERMANENT LOCAL HOUSING ALLOCATION PLAN
In accordance with the 2017 Building Homes and Jobs Act, Senate Bill 2 (S132), the
City is seeking authorization to submit a Five -Year Permanent Local Housing
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Allocation Program Application to the State of California Department of Housing and
Community Development (HCD).
Public Hearing opened at 5:06 p.m.
Deputy Director of Economic Development Jerry Craig provided a PowerPoint
presentation.
Public Input — The Kennedy Commission
City Clerk Erica N. Yasuda stated the City Council did not receive additional public
input.
Public Hearing closed at 5:13 p.m.
It was moved by Council Member Puckett and seconded by Council Member
Lumbard to:
As the Tustin Housing Authority Commissioners take the following action:
1. Approve the Five -Year Permanent Local Housing Allocation (PLHA) Plan
As the City Council take the following actions:
1. Adopt City Council Resolution 20-28, adopting the Five -Year PLHA Plan; and
2. Authorize the City Manager, or his designee, to execute the PLHA Program
Application, the PLHA Standard Agreement and any subsequent amendments
or modifications related to the Program or the PLHA grant.
ROLL CALL VOTE — City Clerk
Motion carried: 4-0-1 (Council Member Cooper abstained)
RESOLUTION NO. 20-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING THE FIVE-YEAR PERMANENT LOCAL HOUSING APPLICATION
PLAN
REGULAR BUSINESS ITEM 9
9. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
City Attorney David E. Kendig provided a presentation.
On March 20, 2020, the City Council ratified a Proclamation declaring the existence
of a local emergency relating to Covid-19, in accordance with Government Code
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Section 8630 and Tustin Municipal Code Sections 5204 and 5205(a)(1). Aspects of
the original proclamation have since expired, or soon will expire, and it is
recommended that the City Council extend the proclamation by determining that the
need to continue the local emergency continues to exist.
It was moved by Council Member Puckett and seconded by Mayor Bernstein to adopt
Resolution No. 20-34 Determining the Need to Continue the Local Emergency
Regarding Novel Coronavirus (COVID-19).
ROLL CALL VOTE — City Clerk
Motion carried: 5-0
RESOLUTION NO. 20-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY
REGARDING NOVEL CORONAVIRUS (COVID-19)
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced the updated California statewide Resilience Four (4) Stage Roadmap:
o Stage 1 — Safety and Preparedness
o Stage 2 — Lower Risk Work Places
o Stage 3 — Higher Risk Work Places
o Stage 4 — End of the Stay at Home Order
o On May 7t" Governor Newsom announced that counties throughout California can
move further into Stage 2, which is being called Stage 2A; counties can move to the
next stage when they meet statewide criteria and self -attest that they can meet the
criteria on controlling the outbreaks; Stage 3 and 4 are not permitted statewide; the
State wanted to make local governments and counties more accountable.
o Stage 2A includes the following:
o Curbside retail pick-up
o Manufacturers
o Logistics
o Childcare for those outside of the essential workforce
o Office -based business for those that cannot telework
o Select services -car washes, pet grooming, laundry and landscape gardening
o Outdoor museums, and open gallery spaces and other public spaces with
modifications
o Stage 2B, which is the next phase Orange County will be easing into, includes the
opening of the following:
o Shopping malls
o Swap meets
o Dine -In restaurants
o Stage 3 and 4, which the County of Orange isn't there yet, includes the following:
o Salons and barber shops
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o Nail salons
o Gyms
o Bars, wineries and breweries
o Movie theatres
o Pro sports
o Zoos
o Community centers
o Public pools
o Playgrounds
o House of worship
o Concerts, theme parks, and hotels
o On May 8th, the State of California as a whole moved into Stage 2A, which is the
modified Stay at Home order; it was not permitted for counties to move into Stage
2B.
o As of May 17th, twenty-three counties had self -attested and moved into Stage 2B;
the twenty-three counties represent a very small percentage of the State's
population; excluding many of the Southern California counties.
o On May 18th, Governor Newsom announced new criteria, which eased some of the
previous criteria; the new criteria eliminated the death metrics of the COVID-19 virus
and focuses more on cases testing positive; as well as the ability to control skilled
nursing facilities; Orange County is now within reach of the next stage.
o Anticipates the County of Orange application to the State, to enter into the next stage,
will be submitted very soon.
o Currently the County of Orange and the City of Tustin are still in Stage 2A and is
hopeful the County of Orange will be moving into Stage 2B very soon.
Announced the Parks and Recreation Department will be having a virtual Chili Cook -Off and
Street Fair event this year; "Tustin Strong" is the theme of the event which will be held on
Sunday, June 7th; Chili Cook -Off Committee Chairperson Eric Perez, Recreation
Coordinator Garrison DeVine, and Recreation Supervisor Vanessa Osborn will be leading
the event; many Tustin restaurants will be participating; very excited about the event and
proud of the hard work of the amazing Chili Cook -Off team.
Announced the City of Tustin is in its final phases of putting a plan together in opening City
Hall doors; which will be a phased approach; staff will be slowly returning to their offices;
good news is that staff have not missed a beat since day one; city business has been
conducted on a daily basis; announced there is a great new Live Chat feature on the City
of Tustin's website; Tustin is an amazing organization; continues to be amazed on the
innovative ideas of city staff.
Announced Monday, May 25th is Memorial Day; city services will be closed that day; wished
everyone a happy and safe Memorial Day.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
Appreciated how the Tustin community is observing the current park rules of the COVID-19
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policies and procedures; has observed and is happy to report that most Tustin businesses
are following the COVID-19 policies and procedures.
Council Member Lumbard
Thanked city staff for their resilience and adaptiveness in tackling tough issues; announced
city staff and City Council members have had another successful virtual City Council
meeting; appreciates the City of Tustin not missing a beat since the beginning of the COVID-
19 pandemic with keeping the City running; thanked city staff for their hard work;
understands the frustration of the Tustin community and is looking forward to entering into
Stage 2B of the California statewide Resilience Four (4) Stage Roadmap; announced the
Tustin City Council is doing everything possible to help make moving into the next stage
possible.
Council Member Puckett
Announced he will be glad when the COVID-19 pandemic is over; asked everyone to
continue to stay safe and is looking forward to getting back to the "new normal" as soon as
possible.
Mayor Pro Tem Clark
Thanked city staff for working on a localized plan for re -opening; recognizes Tustin will
adhere to state and county guidelines; appreciates how city staff are making local plans on
how information will be communicated to the Tustin community regarding the re -opening;
understands families are currently hurting and knows it has been a struggle for many
people.
Appreciates the discussion on the Five -Year Permanent Local Housing Allocation Program;
hopes, if necessary, will be able to make some adjustments to the plan; hopes that the
funding which comes in for the program can be used to address homeless prevention;
understands when the COVID-19 pandemic ends or comes near to an end, there will be
many families on the brink of being homeless; thanked city staff for the plans which have
been put in place so far.
Mayor Bernstein
Thanked the City Council for another successful City Council meeting; thanked city staff for
continuing to provide services to the Tustin community; very proud of everything that has
been done during the COVID-19 pandemic; announced thoughts and prayers go out to the
sixty-six (66) Tustin residents who have been infected with the COVID-19 virus; announced
COVID-19 pandemic is not over just yet, still in the middle of the pandemic; even though
restrictions are beginning to become relaxed, everyone still needs to remain responsible
and continue to wear face coverings when engaging in public; asked everyone to remain
socially conscious.
Reminded everyone the Tustin Area Council for Fine Arts (TACFA) is hosting their mask art
contest called "Cover Up Tustin"; encouraged everyone to visit the TACFA website to find
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out more information and to participate.
Announced it is a very tough time for everyone; happy the City of Tustin is moving forward
with the Five -Year Permanent Local Housing Allocation Program; thanked Deputy Director
of Economic Development, Jerry Craig and his staff for working on the program.
Wished everyone a Happy Memorial Day; thanked everyone for their participation.
ADJOURNED at 5:40 p.m.
DR. ALLAN BERNSTEIN,
Mayor
City Council
Meeting Agenda
ERICA N. YASUDA,
City Clerk
May 19, 2020
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