HomeMy WebLinkAbout02 CC MINUTES 7.7.20DocuSign Envelope ID: 99D7E56A-4C09-4C15-88CB-47E9806AC8C8
Agenda Item 2
Reviewed:
City Manager
Finance Director N/A
CITY OF TUSTIN REGULAR JULY 7, 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 — #2479 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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Action No. SA CV 18-00155 DOC JDE
4. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
A. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d)
of Section 54956.9 related to a written threat to initiate litigation against the
City for alleged violation of the California Voting Rights Act.
5. 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 — #2479 at 5:00 p.m.
PLEDGE OF ALLEGIANCE — Council Member Puckett
PUBLIC INPUT — Ugochi Anaebere-Nicholson, Directing Attorney, Housing and
Homelessness Prevention Unit, Public Law Center
PRESENTATION — Mayor Bernstein presented a Proclamation to Deputy Police Chief
Jeffrey Blair in recognition of his years of service.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable
action.
CONSENT CALENDAR ITEMS 1-8 — City Clerk Erica N. Yasuda stated the City Council
did not receive public comments for the Consent Calendar Items.
It was moved by Mayor Pro Tem Clark seconded by Council Member Lumbard 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
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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 JUNE 16, 2020
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on June 16, 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: The City Council approved Payroll in the amount of $860,641.92; and
Demands in the amount of $9,262,288.02.
4. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE COLUMBUS TUSTIN PARK PICNIC
SHELTER AND SPORTS FIELD IMPROVEMENTS (CIP NO. 20080)
The Columbus Tustin Park Picnic Shelter and Sports Field Improvements project has
been completed and the project is ready for acceptance and filing of the Notice of
Completion.
Motion: The City Council:
1. Adopted Resolution No. 20-48 accepting the Columbus Tustin Park Picnic
Shelter and Sports Field Improvements (CIP No. 20080), and
2. Authorized the City Clerk to file the Notice of Completion with the County
Recorder's office.
RESOLUTION NO. 20-48
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 COLUMBUS
TUSTIN PARK PICNIC SHELTER AND SPORTS FIELD IMPROVEMENTS (CIP
NO. 20080)
5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT
This agenda report transmits the John Wayne Airport (JWA) Noise Abatement
Quarterly Report for the fourth quarter of 2019. The average noise level measured at
Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on
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Beneta Way (Figure 1), remained fairly consistent with prior quarters during this
fourth quarter reporting period. Average noise levels during the fourth quarter
continued to remain well below the City, County, and State criteria of 65 dB
Community Noise Equivalent Level (CNEL) for residential uses.
Motion: The City Council received and filed this report.
6. LEGISLATIVE UPDATE
Staff has prepared a summary of legislative activity.
Motion: The City Council:
1. Took a SUPPORT position on AB 2178 (Levine) Emergency Services
2. Took a SUPPORT position on AB 2213 (Limon) Office of Emergency Services:
Model Guidelines
3. Took a SUPPORT position on SB 1299 (Portantino) Housing Development.
Incentives. Rezoning of Idle Retail Sites
4. Received and filed the updated Legislative Matrix
7. AUTHORIZATION OF CITY MANAGER TO NEGOTIATE, APPROVE AND
EXECUTE LEASE AMENDMENTS WITH TENANTS OF CITY -OWNED
PROPERTY DURING THE LOCAL EMERGENCY RELATING TO COVID-19
Consider delegating authority to the City Manager to negotiate, approve and execute
lease amendments with tenants of City -owned non-residential property during the
local emergency relating to COVID-19.
Motion: The City Council authorized the City Manager, for the duration of the
COVID-19 local emergency, to negotiate, approve and execute lease amendments
with non-residential tenants of City -owned property, including but not limited to
authorization to increase, reduce and/or defer rented space and/or past due or future
rent amounts with individual tenants, provided the City Manager determines that each
lease amendment is the most reasonable economic mitigation alternative then
available to the City.
8. MODIFICATION OF THE SCHEDULES OF THE REGULAR MEETINGS OF THE
CITY COUNCIL AND PLANNING COMMISSION
Consider adopting Resolution 20-50 to revise the schedules of regular meetings of
the Tustin City Council and Planning Commission.
Motion: The City Council adopted Resolution 20-50 to establish revised schedules
for the regular meetings of the City Council and Planning Commission.
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RESOLUTION NO. 20-50
A RESOLUTION APPROVING A MODIFIED SCHEDULE OF REGULAR
MEETINGS OF THE CITY COUNCIL AND PLANNING COMMISSION.
REGULAR BUSINESS ITEMS 9-10
9. TERMINATION OF LOCAL EMERGENCY DUE TO CIVIL UNREST
Presentation by City Attorney David E. Kendig.
On May 31, 2020, the City Manager, acting in his capacity as Director of Emergency
Services, proclaimed the existence of a local emergency relating civil unrest, in
accordance with Government Code Section 8630 and Tustin Municipal Code
Sections 5204 and 5205(a)(1). The proclamation was subsequently ratified by the
City Council on June 2, 2020. The civil unrest appears to have largely subsided at
this time, at least locally, so termination of the local emergency is recommended.
Public Input — City Clerk Erica N. Yasuda stated the Council did not receive any public
input for Item No. 9.
It was moved by Mayor Pro Tem Clark and seconded by Council Member Lumbard
to proclaim the local emergency declared in response to civil unrest to be terminated,
effective immediately.
Roll Call Vote — City Clerk
Motion carried: 5-0
10. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
Presentation by City Attorney David E. Kendig.
Consider adoption of Resolution 20-49 determining that there is a need to continue
the local emergency relating to COVID-19 in accordance with Government Code
Section 8630.
Public Input — City Clerk Erica N. Yasuda stated the Council did not receive any public
input for Item No. 10.
It was moved by Council Member Lumbard and seconded by Council Member
Puckett to adopt Resolution No. 20-49 Determining the Need to Continue the Local
Emergency Regarding Novel Coronavirus (COVID-19).
Roll Call Vote — City Clerk
Motion carried: 5-0
City Council July 7, 2020
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RESOLUTION NO. 20-49
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
Reminded and 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 as of July 7, 2020, Orange County ranks third in California for number of
COVID-19 cases, bypassing San Diego County; Orange County continues to stay on
Governor Newsom's "Targeted Watchlist"; requirements that need to be met to stay off the
"Targeted Watchlist" include:
o 14 -day case rate to remain under 100 per 100K or 14 -day case rate is under 25 per
100K and 7 -day testing positivity percent is under 8%
o Orange County currently is at 222 per 100K individuals
o Orange County currently has a 14.2% positivity rate
o Percent of Intensive Care Unit (ICU) beds needs to be at 20% filled
o Orange County is currently at 40.2% filled
o Percent of ventilators being used needs to be at 25%
o Orange County is currently at 66.7% usage
o Change in a 3 -day average of hospitalized patients needs to be under 10%
o Orange County is currently at 10.6% for a 3 -day average
Reminded everyone to please stay vigilant, continue to wear face coverings, and practice
social distancing; by practicing these policies, it will help Orange County to be removed from
the "Targeted Watchlist".
Announced the launching of the Tustin Families Homeless Prevention Program (TFHPP)
which is part of the $3 million CARES Program — Response to Covid-19; purpose of TFHPP
is to offer temporary assistance to families living in the City of Tustin during the pandemic,
and ensure they have support and assistance to maintain stable housing and prevent loss
of housing; those eligible include families living in the City of Tustin who have been directly
and negatively affected by COVID-19; services which are available include rental
assistance, utility assistance, and referrals for other support services which includes 21 non-
profit groups; please contact Kim Ortega at (714) 751-1101 ex. 11 or visit 211 oc.org if you
qualify for this program.
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Announced the Tustin Small Business Emergency Grant Program has released the first
wave of funds to qualifying applicants; staff is looking for ways to fine tune the program.
Announced there has been new CARES Program funding which has been released and
handed down by the State of California and the County of Orange; staff is exploring new
ways to implement new programing to put in place.
Reminded everyone that City Hall remains closed to the public, however, staff is working
remotely and taking appointments; the Tustin Area Senior Center and the Tustin Area Youth
Center continue to offer the Meals on Wheels program; services are still being offered;
encouraged residents to reach out to City Hall for any questions or assistance.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
No report.
Reported that he had a couple business owners text him to inform him that a few homeless
individuals were throwing rocks at their buildings at 111 Fashion Lane; requested that the
appropriate people look into the situation.
Council Member Lumbard
Wished everyone a happy belated Independence Day and a good rest of the week.
Council Member Puckett
Congratulated Mayor Pro Tem Clark for being recognized in an article published in the Los
Angeles Times and for bringing so much positivity to the City of Tustin.
Congratulated President of Operation Warm Wishes TyRon Jackson for also being in an
article published in the Los Angeles Times.
Mayor Pro Tem Clark
Thanked Council Member Puckett for his kind words.
Thanked staff for the launch of the Tustin Families Homeless Prevention Program (TFHPP);
does not want to see struggling families have to struggle even more due to the fact of the
COVID-19 pandemic; appreciates staff's effort in making sure the TFHPP is successful and
creating the right partnerships; thanked City Manager Matthew S. West, Director of
Community Development Elizabeth A. Binsack, Mayor Bernstein and everyone else who
had a hand in working on the program.
Thanked City Manager Matthew S. West, acting in his capacity as Director of Emergency
Services, for proclaiming the existence of a local emergency relating to civil unrest on May
31, 2020 and thanked City Council colleagues for ratifying the proclamation on June 2,
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2020; even though the local emergency of civil unrest has been terminated, conversations
on inclusion within the City of Tustin will continue; very encouraged with how Tustin Police
Chief Stu Greenberg is handling situations.
Mayor Bernstein
Congratulated Deputy Police Chief Jeffrey Blair on his retirement after 31 years of service
with the Tustin Police Department; the Tustin Police Department is a model department for
other police departments; proud of the communication the Tustin Police Department has
with the Tustin Community.
Thanked City Council colleagues and staff for moving forward with the many programs
being offered to the community especially during this time; very proud of the programs;
Tustin is a very special place.
Thanked the Department of Parks and Recreation for their efforts in trying to host a 4t" of
July Fireworks Show for the community; looks forward to celebrating the 4t" of July next
year at Tustin High School.
Wished everyone a happy belated Independence Day.
ADJOURNED at 5:34 p.m.
City Council July 7, 2020
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