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Home My WebLink About00 CC AGENDA 08.18.20 CITY OF TUSTIN REGULAR AUGUST 18, 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 NOTICE RE PUBLIC PARTICIPATION DURING COVID-19 EMERGENCY During the Statewide COVID-19 Emergency, the public is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows: To watch the meeting, the public may observe the meeting via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To comment on one or more items, do the following: 1. Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda prior to commencement of the meeting, go to https://tustin.qranicusideas.com/meetings?scope=upcominq and select the agenda item. B. To submit an e-comment on an upcoming meeting agenda during the meeting, go to https://tustin.granicusideas.com/meetings?scope=past and select the agenda item. C. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the City Council August 18, 2020 Meeting Agenda Page 1 of 7 meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. CLOSED SESSION MEETING —4:30 p.m. CALL TO ORDER — #2482 ATTENDANCE — PUBLIC INPUT — Members of the public may submit comments in writing to address the City Council on items on the Closed Session Agenda. 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). (7 cases) A. Industrial Disability Retirement Claim of Sean Whiteley B. Industrial Disability Retirement Claim of Ralph Casiello 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 3. 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. 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. Name of Claim: Mark Turner: Case No. WCAB #ADJ12329705 5. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): City Council August 18, 2020 Meeting Agenda Page 2 of 7 Consultation with Police Chief and City Attorney REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2482 PLEDGE OF ALLEGIANCE — Council Member Lumbard PUBLIC INPUT — At this time, any member of the public may submit comments in writing to address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. CLOSED SESSION REPORT — City Attorney David E. Kendig CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to address the City Council regarding Consent Calendar matters should submit comments in writing with the City Clerk. (Agenda Items 1 through 10) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: 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 JULY 21, 2020 AND THE CLOSED SESSION MEETING HELD ON AUGUST 4, 2020. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 21, 2020 and the Closed Session Meeting held on August 4, 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. City Council August 18, 2020 Meeting Agenda Page 3 of 7 Recommendation: It is recommended that the City Council approve Payroll in the amount of $985,966.66 and $884,922.37; and Demands in the amount of $8,986,421 .21. 4. ADOPT RESOLUTION NO. 20-57 TO ACCEPT IMPROVEMENTS FOR THE TRAFFIC SIGNAL INSTALLATION PROJECTS AT LANSDOWNE ROAD/VALENCIA AVENUE AND PARKCENTER LANE/BRYAN AVENUE INTERSECTIONS, CIP NOS. 40090 AND 40091 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Traffic Signal Installation Projects at Lansdowne Road/Valencia Avenue and Parkcenter Lane/Bryan Avenue Intersections, (CIP Nos. 40090 and 40091), has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions: 1 . Adopt Resolution No. 20-57 accepting the construction of the Traffic Signal Installation Projects at Lansdowne Road/Valencia Avenue and Parkcenter Lane/Bryan Avenue Intersections, (CIP NOS. 40090 and 40091); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 20-57 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 TRAFFIC SIGNAL INSTALLATION PROJECTS AT LANSDOWNE ROAD/VALENCIA AVENUE AND PARKCENTER LANE/BRYAN AVENUE INTERSECTIONS (CIP NOS. 40090 AND 40091) 5. 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. Recommendation: Receive and file. 6. LEGISLATIVE UPDATE Staff has prepared a summary of legislative activity. City Council August 18, 2020 Meeting Agenda Page 4 of 7 Recommendation: 1. Take a SUPPORT position on AB 1063 (Petrie-Norris) Planning and zoning law: housing elements: accessory dwelling units: adequate site substitutes 2. Receive and file the updated Legislative Matrix 3. Other actions at the pleasure of the City Council 7. COVID-19 RELIEF FUNDS On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") was signed into law, which included funding for state and local government. The City of Tustin did not receive a direct federal allocation; however, the City has received allocations of CARES Act funds from the State of California and County of Orange, which must be spent on eligible expenditures directly related to COVID-19. This report recommends that the City Council accept and appropriate these funds for various expenditures to respond to COVID-19. This report also provides the City Council with an update on the status of other costs associated with COVID-19 that are eligible for reimbursement from the federal government. Recommendation: Staff recommends the City Council: 1. Authorize the City Manager to Accept and Appropriate Coronavirus Aid, Relief, and Economic Security Act("CARES Act")funds from the State of California in the amount of$992,487; 2. Approve the State CARES Spending Plan (as outlined within this report); 3. Authorize the City Manager to Accept and Appropriate CARES Act funds from the County of Orange in the amount of$2,721,865.29; and, 4. Receive and File the Fiscal Update on COVID-19 Relief Funds. 8. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF SEAN WHITELEY Adoption of the attached Resolution will certify that Sean Whiteley is industrially disabled from his position of Police Sergeant and enable CalPERS to process his industrial disability retirement. Recommendation: Adopt Resolution No. 20-52 finding that Police Sergeant Sean Whiteley is industrially disabled from performing the duties of his position. RESOLUTION NO. 20-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT SEAN WHITELEY, A LOCAL SAFETY MEMBER, IS City Council August 18, 2020 Meeting Agenda Page 5 of 7 INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE SERGEANT 9. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF MARK TURNER Adoption of the attached Resolution will certify that Mark Turner is industrially disabled from his position of Senior Officer I and enable CalPERS to process his industrial disability retirement. Recommendation: Adopt Resolution No. 20-53 finding that Senior Officer I Mark Turner is industrially disabled from performing the duties of his position. RESOLUTION NO. 20-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT MARK TURNER, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A SENIOR OFFICER I 10. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF RALPH CASIELLO Adoption of the attached Resolution will certify that Ralph Casiello is industrially disabled from his position of Master Officer and enable CalPERS to process his industrial disability retirement. Recommendation: Adopt Resolution No. 20-54 finding that Master Officer Ralph Casiello is industrially disabled from performing the duties of his position. RESOLUTION NO. 20-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT RALPH CASIELLO, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A MASTER OFFICER REGULAR BUSINESS ITEMS 11-12 11. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Recommendation: That the City Council receive and file this item. 12. PROPOSED RESOLUTION REGULATING SIDEWALK VENDORS; AND PROPOSED ORDINANCE TO AMEND TUSTIN CITY CODE ADDING PART 3 TO CHAPTER 3 OF ARTICLE 3 PERTAINING TO REGULATION OF SIDEWALK City Council August 18, 2020 Meeting Agenda Page 6 of 7 VENDORS Approval of this item will adopt a Resolution to immediately implement regulations on Sidewalk Vending, and will approve the first reading by title only of an ordinance to update the Tustin City Code to reflect current state law related to regulation and enforcement of Sidewalk Vending. 1 . Recommendation: Introduce Ordinance No. 1508 (Attachment A) for first reading by title only and waive further reading of the Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING PART 3 TO CHAPTER 3 OF ARTICLE 3 OF THE TUSTIN CITY CODE PERTAINING TO REGULATION OF SIDEWALK VENDORS; and 2. Adopt Resolution No. 20-55 (Attachment B) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING REGULATIONS REGARDING SIDEWALK VENDORS AND ADOPTING A FEE FOR APPLICATIONS FOR SIDEWALK VENDING PERMIT. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council August 18, 2020 Meeting Agenda Page 7 of 7