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Home My WebLink About00 CC AGENDA 9.1.20 CITY OF TUSTIN REGULAR SEPTEMBER 1, 2020 MEETING OF THE CITY COUNCILVIDEO 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.ora/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.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. To submit an e-comment on an upcoming meeting agenda during the meeting, go to https://tustin.qranicusideas.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 September 1, 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—#2483 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): (3 cases) 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) A.Title: City Manager 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. 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. City Council September 1, 2020 Meeting Agenda Page 2 of 7 REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2483 PLEDGE OF ALLEGIANCE — Mayor Dr. Allan Bernstein 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 9) 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 AUGUST 18, 2020 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on August 18, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $865,647.02; and Demands in the amount of $1,526,025.77. 4. THE 2020 ORANGE COUNTY OPERATIONAL AREA AGREEMENT City Council September 1, 2020 Meeting Agenda Page 3 of 7 The Operational Area (OA) was established for the purposes of coordinating the prevention, preparedness, response, recovery and mitigation efforts for the safety of persons and property from the effects of natural, human-caused or war caused disasters, hereinafter referred to as emergencies. Approval of the 2020 Orange County Operational Area Agreement will replace the existing 1995 Orange County Operational Area Agreement with a reorganized agreement that addresses agency relationships, jurisdictional responsibilities; and legislated mandates before, during and after major emergencies. Recommendation: It is recommended that the City Council approve the 2020 Orange County Operational Area Agreement between the County of Orange and the City and authorize the Mayor and City Clerk to execute the contract documents. 5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the first quarter of 2020. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained fairly consistent with prior quarters during this first quarter reporting period. Average noise levels during the first quarter continued to remain well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 6. TRAFFIC SIGNAL CABINET PUBLIC ART PROGRAM At their July 15, 2020, Regular Meeting, the Community Services Commission recommended forwarding the Traffic Signal Cabinet Public Art Program developed by the Public Art Committee for consideration by the City Council. Recommendation: It is recommended that the City Council review and approve the Traffic Signal Cabinet Public Art Program created by the Public Art Committee. 7. ADOPT RESOLUTION NO. 20-56 TO ACCEPT IMPROVEMENTS FOR THE VETERANS SPORTS PARK AT TUSTIN LEGACY PARK IMPROVEMENTS PROJECT, CIP NO. 20043, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Veterans Sports Park at Tustin Legacy Park Improvements Project, CIP No. 20043, has been completed by Los Angeles Engineering, Inc. (LAE) 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: City Council September 1, 2020 Meeting Agenda Page 4 of 7 1. Adopt Resolution No. 20-56 accepting the construction of the Veterans Sports Park at Tustin Legacy Park Improvements Project, CIP No. 20043; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 20-56 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 VETERANS SPORTS PARK AT TUSTIN LEGACY PARK IMPROVEMENTS PROJECT, CIP NO. 20043 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1508 Adoption of Ordinance No. 1508 approves an update to the Tustin City Code to reflect current state law related to regulation and enforcement of Sidewalk Vending. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1508. ORDINANCE NO. 1508 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 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. 20-58 finding that Senior Officer I Mark Turner is industrially disabled from performing the duties of his position. RESOLUTION NO. 20-58 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 REGULAR BUSINESS ITEMS 10-12 10. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED "WHAT'S HAPPENING WITH THE HISTORIC TUSTIN HANGARS?" City Council September 1, 2020 Meeting Agenda Page 5 of 7 Response to June 9 Orange County Grand Jury Report entitled "What's Happening with the Historic Tustin Hangars?" Recommendation: It is recommended that the City Council take the following actions: 1 . Approve the attached response to the Orange County Grand Jury and authorize the Mayor to sign the cover letter on behalf of the City Council 2. Other actions at the pleasure of the City Council 11. PROPOSED ORDINANCE No. 1510 AMENDING TUSTIN CITY CODE PROVISIONS RELATED TO GRAFFITI AND GRAFFITI ABATEMENT City staff requested that the City Attorney's office draft proposed amendments to Chapter 7 of Article 5 of the Tustin City Code related to graffiti and graffiti abatement. Specifically, City staff requested amendments which would provide tools for more timely and efficient enforcement and abatement of graffiti nuisances within the City. The proposed amendments to the City's graffiti ordinance would simplify the process for the City to obtain approval to abate graffiti nuisances on private property, would shorten the time within which graffiti must be removed from public property from 7 days to 72 hours, would authorize more efficient enforcement for problem properties, and would add summary abatement as a tool to abate graffiti nuisances which pose an immediate danger to the safety, health and/or general welfare of the public as determined by appropriate City officials. Recommendation: Conduct first reading by title only of Ordinance No. 1510 amending Chapter 7 of Article 5 of the Tustin City Code related to graffiti. ORDINANCE NO. 1510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 5, CHAPTER 7 OF THE TUSTIN CITY CODE PERTAINING TO GRAFFITI 12. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) Consider adoption of Resolution 20-59 determining that there is a need to continue the local emergency relating to COVID-19 in accordance with Government Code Section 8630. Recommendation: Adopt Resolution No. 20-59 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). RESOLUTION NO. 20-59 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) City Council September 1, 2020 Meeting Agenda Page 6 of 7 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council September 1, 2020 Meeting Agenda Page 7 of 7