The URL can be used to link to this page

Home My WebLink About02 CC MINUTES 9.1.20DocuSign Envelope ID: 6DF2E785-1C36-43E4-8107-3423B3795F86 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Letitia Clark, Mayor Pro Tem Charles E. Puckett, Council Member Barry W. Cooper, Council Member Austin Lumbard, Council Member Agenda Item 2 Reviewed: City Manager Finance Director N/A SEPTEMBER 1, 2020 VIDEO CONFERENCE r� Dr. Allan Bernstein, Mayor Matthew S. West, City Manager Erica N.Yasuda, City Clerk David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING 4:30 P.M. CALL TO ORDER — #2483 at 4:30 p.m. /_Ai94►1I7_11011:Nam 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. Dr. Frank Gomez 2. Alexa Brinegar 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) City Council September 1, 2020 Meeting Minutes Page 1 of 8 DocuSign Envelope ID: 6DF2E785-1C36-43E4-8107-3423B3795F86 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. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2483 at 5:42 p.m. ATTENDANCE — Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark and Council Members Charles E. Puckett and Austin Lumbard Absent: Council Member Barry W. Cooper City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager INVOCATION AND PLEDGE OF ALLEGIANCE — Mayor Dr. Allan Bernstein Council Member Cooper arrived at 5:45 p.m. PUBLIC INPUT — 1. Dr. Frank Gomez (Closed Session) 2. Dan Burley 3. Richard Rengel 4. Alexa Brinegar (Closed Session) City Council September 1, 2020 Meeting Minutes Page 2 of 8 DocuSign Envelope ID: 6DF2E785-1C36-43E4-8107-3423B3795F86 CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action but will reconvene after open session. CONSENT CALENDAR ITEMS 1-9 City Clerk Erica N. Yasuda stated the Council did not receive public input for the Consent Calendar Items. It was moved by Council Member Puckett and seconded by Mayor Bernstein to approve the Consent Calendar as recommended by staff. Roll Call Vote — City Clerk Erica N. Yasuda Motion carried: 5-0 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 AUGUST 18, 2020 Motion: 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. Motion: The City Council approved 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 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 City Council September 1, 2020 Meeting Minutes Page 3 of 8 DocuSign Envelope ID: 6DF2E785-1C36-43E4-8107-3423B3795F86 agreement that addresses agency relationships, jurisdictional responsibilities; and legislated mandates before, during and after major emergencies. Motion: 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 1ON), 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. Motion: The City Council received and filed 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. Motion: The City Council reviewed and approved the Traffic Signal Cabinet Public Art Program created by the Public Art Committee. 111912 M 0 X+'111111111j 1 [0], ■ =1 i =hyi I =11► 1111 &E MS7 Ci 1111:I =1 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. Motion: The City Council took the following actions: 1. Adopted Resolution No. 20-56 accepting the construction of the Veterans Sports Park at Tustin Legacy Park Improvements Project, CIP No. 20043; and 2. Authorized 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, City Council September 1, 2020 Meeting Minutes Page 4 of 8 DocuSign Envelope ID: 6DF2E785-1C36-43E4-8107-3423B3795F86 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. Motion: The City Council had 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. Motion: Adopted 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 Manager Matthew S. West provided a PowerPoint presentation. Response to June 9 Orange County Grand Jury Report entitled "What's Happening with the Historic Tustin Hangars?" It was moved by Mayor Bernstein and seconded by Council Member Lumbard to: 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; and City Council September 1, 2020 Meeting Minutes Page 5 of 8 DocuSign Envelope ID: 6DF2E785-1C36-43E4-8107-3423B3795F86 2. Proceed with advocating the City's desires with regards to the hangar and on the base. Roll Call Vote — City Clerk Erica N. Yasuda Motion carried: 5-0 11. PROPOSED ORDINANCE No. 1510 AMENDING TUSTIN CITY CODE PROVISIONS RELATED TO GRAFFITI AND GRAFFITI ABATEMENT Assistant City Attorney Jason McEwen provided a PowerPoint presentation. 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. It was moved by Council Member Puckett and seconded by Council Member Lumbard to conduct first reading by title only of Ordinance No. 1510 amending Chapter 7 of Article 5 of the Tustin City Code related to graffiti. Roll Call Vote — City Clerk Erica N. Yasuda Motion carried: 5-0 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) City Attorney David E. Kendig provided a PowerPoint presentation. 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. City Council September 1, 2020 Meeting Minutes Page 6 of 8 DocuSign Envelope ID: 6DF2E785-1C36-43E4-8107-3423B3795F86 It was moved by Mayor Bernstein and seconded by Council Member Puckett to adopt Resolution No. 20-59 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). Roll Call Vote — City Clerk Erica N. Yasuda Motion carried: 5-0 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) OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced California Governor Gavin Newsom's Blueprint for a Safer Economy, which is the new framework for individual counties to reopen, outlining the possibility of non-essential indoor businesses and schools to return depending on the coronavirus' spread in the area; there's a new four color -tiered approach to reopening where counties can move between the different levels depending on a county's positivity rate; each county will be assigned a color based on case rate and positivity rate; the color of a county determines how businesses can operate; currently Orange County will begin in the purple color which is the "widespread" tier, which orders most non-essential indoor business operations to remain closed; counties on the widespread tier have a positivity rate above 8% and more than seven daily new cases per 100,000 people; the new framework moves away from what California previously called its "monitoring list"; according to the new framework, a county has to wait 21 days before it's allowed to move between tiers; currently hair salons and barber shops can now open indoors with modifications; Orange County is expected to move into Tier 2 on September 8t" as long as all the guidelines and metrics are met; schools in Orange County will be able to open on September 22nd if the data remains as is; counties are only allowed to move one tier at a time and have to meet the qualifications for the next tier for two straight weeks; city staff will continue to keep the public aware and up to date with information, as soon as new information is released. Council Member Cooper Requested clarification on policies and modifications moving into the next tier with regards to massage parlors. City Manager Matthew S. West Responded to Council Member Cooper's request; massage parlors are required to follow the same modifications and guidelines as the rest of the indoor non-essential businesses. COUNCILMEMBER COMMENTS AND REPORTS City Council September 1, 2020 Meeting Minutes Page 7 of 8 DocuSign Envelope ID: 6DF2E785-1C36-43E4-8107-3423B3795F86 Council Member Cooper No report. Council Member Lumbard Thanked city staff and City Council colleagues for their hard work, especially during the past few weeks; a lot has been accomplished during the past few City Council meetings; appreciates all the hard work going on at City Hall from city staff. Council Member Puckett Attended Zoom meetings with the Orange County Council of Governments, the Southern California Association of Governments, and the Transportation Corridor Agencies. Celebrated 55th wedding anniversary with his wife Donna. Mayor Pro Tem Clark Thanked city staff for their continuous hard work and dedication. Thanked Executive Coordinator, Regina Blankenhorn for her coordination for this year's Girls in Government Summit, which will be held virtually on Saturday, September 26th from 10:00 A.M.- 12:00 Noon; the Summit is free for girls 9th grade through college and will focus on how to be a leader in their community; sign-ups are currently taking place. Mayor Bernstein Attended a few Orange County Sanitation District meetings. Thanked city staff and City Council colleagues for all their hard work. Asked everyone to try and stay as healthy as possible. Recessed to Closed Session at 6:39 p.m. Reconvened in Open Session at 6:59 p.m. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ADJOURNED at 6:59 p.m. City Council September 1, 2020 Meeting Minutes Page 8 of 8