HomeMy WebLinkAbout02 CC MINUTES 07.21 AND 8.4 DocuSign Envelope ID:AC3DC8B6-AED5-40F9-A7F7-A746C5D01 F1 E
Agenda Item 2
Reviewed:
City Manager
Finance Director N/A
CITY OF TUSTIN REGULAR JULY 21, 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 — 4:30 p.m.
CALL TO ORDER — #2480 at 4:30 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 —
1. Brandon Martinez
2. Christine Moore
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 —ANTICIPATED LITIGATION
City Council July 21, 2020
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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. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil
Action No. SA CV 18-00155 DOC JDE
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
5:30 P.M.
CALL TO ORDER — #2480 at 5:32 p.m.
PLEDGE OF ALLEGIANCE — Council Member Cooper
PUBLIC INPUT — None
PRESENTATION — Mayor Bernstein presented a Proclamation to Director of Community
Development Elizabeth A. Binsack in honor of her years of service to the Tustin community
and retirement.
CLOSED SESSION REPORT—City Attorney David E. Kendig: The Council took no reportable
action. Stated for the record that the Council received two comments for closed session from
Brandon Martinez and Christine Moore.
CONSENT CALENDAR ITEMS 1-5 - City Clerk Erica N. Yasuda stated for the record that
the Council did not receive public input for the Consent Calendar items. It was moved by
Council Member Lumbard and seconded by Council Member Puckett to approve the
Consent Calendar as recommended by staff.
Roll call vote — City Clerk
Motion carried: 5-0
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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.
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JULY 7, 2020
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on July 7, 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 $809,653.95; and
Demands in the amount of $1,690,814.14.
4. AWARD OF CONTRACT FOR THE CONSTRUCTION OF PEPPERTREE PARK
IMPROVEMENTS PROJECT (CIP No. 20085)
Bids for the Peppertree Park Improvements Project (CIP No. 20085) have been
received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder, Landscape Support Services.
Motion: The City Council:
1. Found the bid submitted by the apparent low bidder, Green Giant Landscape,
Inc., to be nonresponsive.
2. Awarded the construction contract to Landscape Support Services, the lowest
responsive/responsible bidder, in the amount of$1 ,220,762.65, and authorize
the Mayor and the City Clerk to execute the contract documents on behalf of
the City.
5. RESPONSE TO GRAND JURY REPORT ENTITLED "PROTECTING THOSE WHO
PROTECT AND SERVE"
Consider approving the proposed City response to the Orange County Grand Jury's
June 30, 2020 Report entitled "Protecting Those Who Protect and Serve".
Motion: The City Council approved the proposed response letter (attached as
Exhibit B to the staff report).
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REGULAR BUSINESS ITEMS 6 - 7
6. DESIGNATION OF VOTING DELEGATES AND ALTERNATES — LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR OCTOBER 7 -
9, 2020 (LONG BEACH)
In order to vote at the Annual Business Meeting, the City Council must designate a
voting delegate and up to two alternate voting delegates, one of whom may vote in
the event that the designated voting delegate is unable to serve in that capacity.
Public Input — City Clerk Erica N. Yasuda stated for the record that the Council did
not receive public input for Item No. 6.
It was moved by Council Member Lumbard and seconded by Council Member
Cooper to select the Mayor and Mayor Pro Tem as the designated voting delegates.
Roll Call Vote — City Clerk
Motion carried: 5-0
7. DESIGNATING BALLOT ARGUMENT AUTHOR(S) AND CONSIDERATION OF
BALLOT ARGUMENT LANGUAGE REGARDING BALLOT MEASURE SEEKING
VOTER APPROVAL FOR LIMITED COUNCIL COMPENSATION
City Attorney David E. Kendid provided a PowerPoint presentation.
Consider designating City Councilmembers as ballot argument author(s) and
potentially consider ballot argument language as follow-up to the City Council's
November 19, 2019 approval placing a measure on the November 2020 ballot asking
voters a question relating to an amendment of the Tustin City Code to allow for limited
City Council compensation.
Public Input — City Clerk Erica N. Yasuda stated for the record that the Council did
not receive any public input for Item No. 7.
It was moved by Council Member Lumbard and seconded by Council Member
Puckett to approve Draft No. 1 and submit to the City Clerk on behalf of the City
Council.
Roll Call Vote — City Clerk Erica N. Yasuda
Motion carried: 5-0
The Council unanimously agreed to submit the approved argument with signatures
from the entire Council.
City Council July 21, 2020
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OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced as of July 21, 2020, Orange County ranks second in California for number of
COVID-19 cases, bypassing Riverside County; Orange County continues to stay on
Governor Newsom's "Targeted Watchlist"; reminded and encouraged residents to sign up
for the City alert apps which can be found on the City of Tustin website.
Announced the Tustin Economic Development Department has been working hard
releasing the first wave of the Tustin Small Business Emergency Grant Program funds; the
second wave of funds consisting of a total of $1 million is set to be released the week of
July 27, 2020; there will be a relaxation of applicant documentation standards for the second
wave of funds; one of the changes include business must have had any combination of a
total of twenty-five (25), instead of twenty (20), or fewer part-time or full-time employees
(two part-time employees equal one full-time employee), including the owner; hoping some
of these changes will open the Tustin Small Business Emergency Grant Program to more
businesses; another change to the application is that the City of Tustin is no longer going to
eliminate applicants who have received federal emergency funding.
Announced the City of Tustin has launched the Temporary Outdoor Expansion Grant
Program which will provide funding to assist eligible businesses to expand their outdoor
areas and activities to mitigate restrictions placed on indoor activities due to COVID-19
related health orders; this Program will provide eligible businesses with a grant, of up to
$2,000, to help pay for items that will facilitate the outdoor activity.
Announced the City of Tustin is still offering the Emergency Rental Assistance
Program/Utility Assistance Program; this program provides emergency rental and/or utilities
assistance to families experiencing hardship due to COVID-19; encourages those who are
in need to please reach out for assistance.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
Asked City Manager Matthew S. West, how does the Tustin Small Business Emergency
Grant Program, apply to home base businesses?
City Manager Matthew S. West
Informed Council Member Cooper the guidelines have not yet been released for home base
businesses, however, once they are released that information will be passed along to the
public.
Council Member Lumbard
Announced the Parks and Recreation Department is hosting a Drive-In Movie event at the
South Hanger starting Friday, July 24, 2020 and continuing for the following two Fridays;
City Council July 21, 2020
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will be a fun event.
Council Member Puckett
Asked everyone to continue to stay safe.
Mayor Pro Tem Clark
Shared she has received great feedback from the public regarding the Emergency Grant
Programs which the City is offering; kudos to staff on their work with these programs.
Congratulated the Parks and Recreation Department on hosting the Drive-In Movie event
at the South Hanger for the Tustin community; thanked the Parks and Recreation staff for
continuing to remain innovative during this time and offering programs families can still enjoy
together; will be attending the event on August 2, 2020.
Received a few requests regarding the Tustin Police Department policy updates; requested
that the City Council be notified when Police Chief Stu Greenberg is ready to release the
video updates so City Council can notify the public.
City Manager Matthew S. West
Informed City Council that the Tustin Police Department had released a video last Friday,
July 17, 2020, with another video being released shortly.
Mayor Bernstein
Congratulated Elizabeth Binsack, Director of Community Development on her retirement
from the City of Tustin.
Announced is very excited about the Parks and Recreation Department Drive-In Movie
event at the South Hanger starting Friday, July 24, 2020, doors open at 7:15 p.m.
Reminded everyone to please continue practicing social distancing and continue to wear
face coverings when out in public; announced there are a handful of COVID-19 testing
locations within the City of Tustin; testing locations can be found on the Orange County
Health Department website, as well as the City of Tustin website.
Thanked Stephanie Najera, Communications Manager and Jeremy Law from Studio 360
for their hard work with putting together the weekly videos; all Tustin Police Department
videos can be located on the Tustin Police Department website.
Thanked city staff and City Council colleagues for working together and for keeping the
Tustin community updated with new information and assistance which is being offered to
the community.
Asked everyone to stay safe, stay strong, and continue to stay healthy
City Council July 21, 2020
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Recessed to Closed Session at 6:10 p.m.
Recovened in Open Session at 6:58 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
ADJOURNED at 6:58 p.m.
City Council July 21, 2020
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Agenda Item 2
Reviewed: ?'n5-W
City Manager
Finance Director N/A
CITY OF TUSTIN CLOSED SESSION AUGUST 4, 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 —4:30 p.m.
CALL TO ORDER —#2481 at 4:30 p.m.
ATTENDANCE —
Present: Mayor Dr. Allan Bernstein and Council Members Charles E. Puckett,
Barry W. Cooper and Austin Lumbard
Absent: Mayor Pro Tem Letitia Clark (arrived at 4:40 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): (3 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 —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
City Council August 4, 2020
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Government Code § 54956.9(a): (1 case)
A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action
No. SA CV 18-00155 DOC JDE
5. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957):
Consultation with Police Chief and City Attorney
Reconvened in Open Session at 6:10 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable
action.
ADJOURNED at 6:10 p.m.
City Council August 4, 2020
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