HomeMy WebLinkAboutCC MINUTES 06-16-20 DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
CITY OF TUSTIN REGULAR JUNE 16, 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 — #2478 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 June 16, 2020
Meeting Minutes Page 1 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
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
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
5:00 P.M.
CALL TO ORDER — #2478 at 5:04 p.m.
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Clark
PUBLIC INPUT —
1. Eyes for Good
2. Lauren Sanford
3. Genevieve Sawicz
CLOSED SESSION REPORT— City Attorney David E. Kendig: The Council took no reportable
action.
CONSENT CALENDAR ITEMS 1-11 — City Clerk Erica N. Yasuda stated the City Council
received the following public comments for the Consent Calendar: Genevieve Sawicz (Item
No. 5), Genevieve Sawicz (Item No. 7), and Anonymous (Item No. 10).
It was moved by Council Member Puckett and seconded by Mayor Pro Tem Clark to
approve the Consent Calendar 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 June 16, 2020
Meeting Minutes Page 2 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JUNE 2, 2020 AND THE SPECIAL CLOSED SESSION MEETING OF
THE CITY COUNCIL HELD ON JUNE 12, 2020
Motion: Approve the Action Minutes of the Regular Meeting of the City Council held
on June 2, 2020 and the Special Closed Session Meeting of the City Council held on
June 12, 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: Approve Payroll in the amount of$772,912.49; and Demands in the amount
of $2,819,482.04.
4. REVIEW OF CITY'S CONFLICT OF INTEREST CODE
The Political Reform Act requires that no later than July 1 of each even-numbered
year, the City Council direct a review of the City's Conflict of Interest Code.
Motion: Direct the City Manager, or designee, to have the City's Conflict of Interest
Code reviewed, file a statement of review with the City Council no later than October
1 , 2020 and revise the Conflict of Interest Code based upon such review, if
necessary.
5. CITYWIDE RECORDS RETENTION SCHEDULE AMENDMENT
Staff is proposing the adoption of a revised Records Retention Schedule.
Motion: Adopt Resolution No. 20-45, amending the City's Records Retention
Schedule.
RESOLUTION NO. 20-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE, AUTHORIZING
THE DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING
PREVIOUS RESOLUTION NO. 17-51
6. NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION CANDIDATE
STATEMENT REGULATIONS
Adoption of the proposed resolution will set the Candidate Statement regulations for
the November 3, 2020 General Municipal Election.
Motion: Adopt Resolution 20-46 establishing regulations for Candidate Statements
City Council June 16, 2020
Meeting Minutes Page 3 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
to be submitted to the electorate in the November 2020 General Municipal Election.
RESOLUTION NO. 20-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL
PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1507
Adoption of Ordinance No. 1507 approves Development Agreement (DA) 2020-0001
which establishes the terms of the DA, public benefits, and annual performance
review in conjunction with Conditional Use Permit (CUP) 2020-0006. On June 2,
2020, the City Council approved CUP 2020-0006 amending the conditions of
approval for an existing freeway billboard at the Tustin Auto Center.
Motion: Have second reading by title only and adoption of Ordinance No. 1507.
ORDINANCE NO. 1507
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING
DEVELOPMENT AGREEMENT 2020-0001 BETWEEN THE CITY OF TUSTIN AND
TUSTIN AUTO CENTER MERCHANTS ASSOCIATION IN ASSOCIATION WITH
CONDITIONAL USE PERMIT 2020-2006 FOR A FREEWAY ADJACENT DIGITAL
DISPLAY BILLBOARD AT THE TUSTIN AUTO CENTER
8. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE,
FISCAL YEAR 2020-2021
In order to maintain eligibility for funding under the Orange County Measure M2
Program, the City is required to annually submit a compliance package to the Orange
County Transportation Authority (OCTA).
Motion:
1 . Adopt the attached Measure M2 Seven-Year Capital Improvement Program
(Fiscal Year 2020-2021 through Fiscal Year 2026-2027);
2. Approve the City's Resolution 20-42 for the Local Signal Synchronization Plan
Update; and
3. Authorize the Director of Public Works/City Engineer to submit the City of
Tustin's Measure M2 eligibility package to the Orange County Transportation
Authority.
RESOLUTION NO. 20-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION
PLAN FOR THE MEASURE M (M2) PROGRAM.
City Council June 16, 2020
Meeting Minutes Page 4 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
9. ADOPT RESOLUTION NO. 20-38 TO ACCEPT IMPROVEMENTS FOR THE
TUSTIN RANCH ROAD AND EL CAMINO REAL IMPROVEMENT PROJECT, CIP
NO. 70239 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION
Construction of the Tustin Ranch Road and EI Camino Real Improvement Project
(CIP No. 70239) has been completed to the satisfaction of the City Engineer and is
now ready for City Council acceptance.
Motion:
1 . Adopt Resolution No. 20-38 accepting the construction of the Tustin Ranch
Road and EI Camino Real Improvement Project (CIP No. 70239); and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 20-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE
RECORDATION OF THE NOTICE OF COMPLETION FOR THE TUSTIN RANCH
ROAD AND EL CAMINO REAL IMPROVEMENT PROJECT (CIP NO. 70239)
10. APPROPRIATION LIMIT FOR FISCAL YEAR 2020/2021
Article XIII B of the State Constitution requires each City to annually adopt a limit on
appropriations for all governmental funds. The following recommendation and
attached worksheets are based on the FY2020-2021 Proposed Budget as presented
to the City Council on June 2, 2020 and subsequently amended.
Motion:
1 . Select the change in the California per Capita Personal Income as the price
factor for adjusting the Fiscal Year 2020/2021 appropriations limit.
2. Adopt Resolution No. 20-30 setting the appropriation limit for Fiscal Year
2020/2021 at $97,694,703.
RESOLUTION NO. 20-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL
YEAR 2020-2021 IN ACCORDANCE WITH ARTICLE XIII B OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE
GOVERNMENT CODE
11. ADOPT RESOLUTION NO. 20-47 IN SUPPORT OF DELAYING VEHICLE MILES
TRAVELED REQUIREMENTS OF SB 743
City Council June 16, 2020
Meeting Minutes Page 5 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
By adopting Resolution No. 20-47, the City will be requesting a delay in the
implementation of the SB 743 vehicle miles traveled (VMT) CEQA analysis set to
take effect on July 1, 2020.
Motion:
Adopt Resolution No. 20-47 in support of delaying the VMT requirements of SB 743.
RESOLUTION NO. 20-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
TO REQUEST THE DELAY OF THE IMPLEMENTATION OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS, SECTION 15064.3
REGULAR BUSINESS ITEM 12
12. FISCAL YEAR 2020/21 BUDGET ADOPTION
PowerPoint presentation by Director of Finance Jason AI-Iman.
At the June 2, 2020 Budget Workshop, the City Council was provided with an update
on the projected impacts related to COVID-19, which included an estimated loss of
$9 million of General Fund revenue for Fiscal Years 2019/20 and 2020/21. In
response to these impacts, changes are proposed to the Second Year (Fiscal Year
2020/21) of the 2019-21 Biennial Budget including expenditure reductions and the
use of reserves, which is consistent with what was presented at the Budget
Workshop.
In addition, it is requested that the City Council consider extending the term of the
Project Position of Principal Plan Check Engineer. In 2015, the City Council adopted
Resolution No. 15-08 to amend the City's Classification and Compensation Plan to
authorize the appointment of a project employee in the classification of Principal Plan
Check Engineer for a period of up to five (5) years from the employee's hire date. An
individual was hired to fill this project position on July 20, 2015; therefore, under the
terms of Resolution No. 15-08, her employment will automatically end on July 20,
2020 unless the City Council extends the term of the position.
Staff recommends that the City Council proceed with the adoption of the Fiscal Year
2020/21 Budget and related resolutions.
It was moved by Council Member Lumbard and seconded by Council Member
Puckett to approve the following:
1. Adopt Resolution No. 20-29,Adopting the Second Year(Fiscal Year 2020-2021)
of the 2019-2021 Biennial Budget and Appropriating from the Anticipated
Revenues of the City for Fiscal Year 2020-2021; and
City Council June 16, 2020
Meeting Minutes Page 6 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
2. Adopt Tustin Housing Authority Resolution No. 20-01, Adopting the Housing
Authority Budget and Appropriating from the Anticipated Revenues of the
Authority for the Fiscal Year 2020-2021; and
3. Adopt Resolution No. 20-41, Extending the Term of the Project Position of
Principal Plan Check Engineer; and
4. Adopt Resolution No. 20-43, Establishing the Position of Project Principal
Planner; and
5. Adopt Resolution No. 20-44, Amending the City's Salary Schedule and the
Position Control Schedule consistent with the Proposed Budget for Fiscal Year
2020-2021.
City Clerk Erica N. Yasuda stated that the City Council received the following public
comment for Regular Business Item No. 12: Genevieve Sawicz.
Roll Call Vote — City Clerk
Motion carried: 5-0
RESOLUTION NO. 20-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING THE SECOND YEAR (FISCAL YEAR 2020-2021) OF THE 2019-2021
BIENNIAL BUDGET AND APPROPRIATING FROM THE ANTICIPATED
REVENUES OF THE CITY FOR THE FISCAL YEAR 2020-2021
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 20-01
A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET AND
APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE AUTHORITY
FOR THE FISCAL YEAR 2020-2021
RESOLUTION NO. 20-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
EXTENDING THE TERM OF THE PROJECT POSITION OF PRINCIPAL PLAN
CHECK ENGINEER
RESOLUTION NO. 20-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ESTABLISHING THE PROJECT POSITION OF PRINCIPAL PLANNER
RESOLUTION NO. 20-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
UPDATING THE CITYWIDE SALARY SCHEDULE AND POSITION CONTROL
SCHEDULE
City Council June 16, 2020
Meeting Minutes Page 7 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Encouraged residents to sign up for one of the following apps to receive City alerts-
0 City Alert Center - https://www.tustinca.org/list.aspx
o Nixie Alerts — https://Iocal.nixie.com/tustin-ca-police
o Alert OC - .https://member.everbridge.net/index/4530
This information can also be found on the City's website.
Announced the Small Business Emergency Grants Program is now open and applications
will be accepted through the end of June 18, 2020; urged businesses that meet the criteria
to look into the program; more information is located on the City's website at
www.tustinca.org.
Encouraged businesses to visit the Community Development Department's page on the
City's website to learn more about the guidelines for the use of outdoor dining, retail, and
assembly; applications for the program can be found online.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
Asked the following questions regarding the Small Business Emergency Grant Program:
o What is the second step of the process once an application has been turned in?
o How many applications have been turned in to date?
o Who is reviewing the applications?
o If applicants benefited with other stimulus relief programs do they qualify for the Small
Business Emergency Grant Program?
Assistant City Manager Nicole Bernard
o Informed the City Council once applications are turned in for the Small Business
Emergency Grant Program, the second step of the process is to review the
applications; if an application meets all the requirements, the applicant will be asked
to provide all the supporting documentation that goes with it; if the number of
applications that are received exceeds the maximum number of funds for the
program, applications will go into a lottery system; if the number of applications do
not exceed the maximum number of funds, all applications which meet the criteria
will be awarded the funds.
o As of June 15, 2020, fifty-five (55) applications had been turned in.
o The City of Tustin is collaborating with the Small Business Development Center
(SBDC), who have the expertise, with reviewing the applications.
City Council June 16, 2020
Meeting Minutes Page 8 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
o If applicants have already received a stimulus payment from other programs, they do
not qualify for the Small Business Emergency Grant Program.
Council Member Puckett
Shared he was happy to be able to dine at a couple of restaurants.
Attended a Transportation Corridor Agencies meeting at the facility.
Looking forward to everything opening up in the near future; asked everyone to please stay
safe.
Council Member Lumbard
Recognized what a great job city staff and the Tustin Police Department did with the
peaceful rally and march which took place a couple of weeks ago; was a very positive
moment for the Tustin community; announced the City of Tustin is doing a great job during
these challenging times; thanked everyone for their hard work.
Mayor Pro Tem Clark
Thanked City Council colleagues and city staff for demonstrating their leadership related to
Black Lives Matter and the death of George Floyd; shows how different Tustin is; heard
from colleagues from across the County of Orange how exemplary the leadership in Tustin
is.
Announced Friday, June 19, 2020 is Juneteenth which is a holiday to commemorate the
emancipation of enslaved people in the United States.
Mayor Bernstein
Announced if a business qualifies for the Small Business Emergency Grants Program to
please become familiar with it; please visit the City of Tustin website for more information.
Shared as the COVID-19 restrictions begin to be lifted, would like to welcome back the
businesses which are starting to open back up; announced currently there are 166 Tustin
residents who have been infected with the COVID-19 virus; strongly recommends everyone
to wear face coverings when out in public.
Shared he was impressed with the peaceful protest which took place a few weeks ago; job
well done by city staff and City Council colleagues in handling the peaceful protest.
Asked everyone to please be safe and to continue to look for the weekly Mayor's video
updates on the City of Tustin website; thanked Communications Manager, Stephanie
Najera for putting the videos together.
ADJOURNED at 5:30 p.m.
City Council June 16, 2020
Meeting Minutes Page 9 of 10
DocuSign Envelope ID: D5FB7456-4198-471F-BF95-AAD5BOF468E4
DR. ALLAN BERNSTEIN, ERICA N. YASUDA,
Mayor City Clerk
City Council June 16, 2020
Meeting Minutes Page 10 of 10