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Home My WebLink AboutCC MINUTES 08-18-20 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 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 MINUTES OF THE CLOSED SESSION MEETING 4:30 p.m. CALL TO ORDER— #2482 at 4:30 p.m. ATTENDANCE — Present- TTENDANCE —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. Matthew Martinez 2. Matthew Martinez 3. Caroline Moulios 4. Lorena Martinez 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: 5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION -Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2). (7 cases) 6. Industrial Disability Retirement Claim of Sean Whiteley 7. Industrial Disability Retirement Claim of Ralph Casiello City Council August 18, 2020 Meeting Minutes Page 1 of 8 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 8. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 9. 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. 10.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) 11.Name of Claim: Mark Turner: Case No. WCAB #ADJ12329705 12.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— #2482 at 5:10 p.m. PLEDGE OF ALLEGIANCE — Council Member Lumbard PUBLIC INPUT — None CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Clerk received four public comments for Closed Session from Matthew Martinez (2) , Caroline Moulious, and Lorena Martinez which were distributed to the City Council. The Council took no reportable action. CONSENT CALENDAR ITEMS 1-10 Mayor Bernstein stated the Council did not receive public input for the Consent Calendar Items. It was moved by Council Member Lumbard and seconded by Mayor Pro Tem Clark to approve the Consent Calendar as recommended by staff. Roll Call Vote — City Clerk Erica N. Yasuda Motion carried: 5-0 City Council August 18, 2020 Meeting Minutes Page 2 of 8 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: The City Council waived reading in full of all ordinances and resolutions on the agenda and declared 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. Motion: The City Council approved 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. Motion: 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. Motion: The City Council took the following actions: 1 . Adopted 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. Authorized 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 City Council August 18, 2020 Meeting Minutes Page 3 of 8 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 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. Motion: Received and filed. 6. LEGISLATIVE UPDATE Staff has prepared a summary of legislative activity. Motion: 1. Took a SUPPORT position on AB 1063 (Petrie-Norris) Planning and zoning law: housing elements: accessory dwelling units: adequate site substitutes 2. Received and filed the updated Legislative Matrix 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. Motion: The City Council: 1. Authorized 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. Approved the State CARES Spending Plan (as outlined within this report); City Council August 18, 2020 Meeting Minutes Page 4 of 8 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 3. Authorized 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. Received and Filed 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. Motion: Adopted 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 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. Motion: Adopted 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. Motion: Adopted 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 City Council August 18, 2020 Meeting Minutes Page 5 of 8 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 INDUSTRIALLY DISABLED FROM HIS DUTIES AS A MASTER OFFICER REGULAR BUSINESS ITEMS 11-12 11. SUMMARY OF PROJECTS PowerPoint Presentation by Acting Director of Community Development Justina Willkom. 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. The City Council unanimously received and filed 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 VENDORS PowerPoint presentation by City Attorney David E. Kendig. 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. Public Input — Shannon Douglas It was moved by Mayor Pro Tem Clark and seconded by Council Member Lumbard to approve the following: 1. 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 City Council August 18, 2020 Meeting Minutes Page 6 of 8 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 AND ADOPTING A FEE FOR APPLICATIONS FOR SIDEWALK VENDING PERMIT. Roll Call Vote — City Clerk Erica N. Yasuda Motion carried: 5-0 OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced the City of Tustin is still gathering information on Community Choice Energy (CCE); the City continues to be interested in the program and the benefits it offers; looking at options to partner with the City of Irvine and possibly the Joint Powers Authority; was paused earlier in the year due to the COVID-19 pandemic; city staff is moving forward with gathering information and will report on the information collected. Announced due to the excessive heat, the Tustin Area Senior Center is open as a cooling facility until Friday, August 21St, from 10:00 am - 5:00 pm; asked those going to the facility to please continue practicing social distancing and to please make sure to wear face coverings. Announced with temperatures continuing to rise, the state of California is under a Flex Alert for energy conservation until Friday. COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper No report. Council Member Lumbard Recognized the 100th Anniversary of the 19th Amendment to the United States Constitution; giving women the right to vote; hopes everyone votes in the upcoming 2020 Election. Council Member Puckett No report. Mayor Pro Tem Clark Appreciates the flexibility and innovation of being able to run City Council meetings during this time. Announced she appreciates the community's engagement and public comments during this time; appreciates the Tustin community following City Council zoom meetings; understands City Council August 18, 2020 Meeting Minutes Page 7 of 8 DocuSign Envelope ID: E8216344-C652-43CA-8176-CC0578609006 it's not an ideal situation but appreciates the engagement and input. Announced is happy to have reached a solution with the Safe Sidewalk Vending Act, SB 946, which requires cities and counties to maintain certain rules when interacting with street vendors; pleased to be moving in the right direction. Mayor Bernstein 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. Shared he had the opportunity to tour the new Veterans Sports Park; is a beautiful park; looking forward to the dedication ceremony and having the entire park open soon. Expressed his thoughts and prayers to the 1,051 Tustin residents suffering from the COVID- 19 virus; wished them a speedy recovery. ADJOURNED IN MEMORY OF: Pfc. Bryan J. Baltierra Lance Cpl. Marco A. Barranco Pfc. Evan A. Bath U.S. Navy Hospitalman Christopher Gnem Pfc. Jack Ryan Ostrovsky Cpl. Wesley A. Rodd Lance Cpl. Chase D. Sweetwood Cpl. Cesar A. Villanueva Lance Cpl. Guillermo S. Perez Who lost their lives when their AAV sank off the coast of San Clemente Island ADJOURNED at 6:16 p.m. 5AQ01;11- DR. ALLAN BERNSTEIN, ERICA N. YASUDA, Mayor City Clerk City Council August 18, 2020 Meeting Minutes Page 8 of 8