HomeMy WebLinkAboutCC MINUTES 09-15-20DocuSign Envelope ID: F21AED5A-B452-4C1A-AB25-134CACF07AAB
CITY OF TUSTIN REGULAR SEPTEMBER 15, 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 — #2484 at 4:40 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 — 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): (1
case)
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
City Council September 15, 2020
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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
AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER — #2484 at 5:41 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE — Mayor Pro Tem Clark
PUBLIC INPUT —
1. Asheley Owen
2. Cesar Covarrubias, Kennedy Commission
3. Jeremy Navarro
CLOSED SESSION REPORT — City Attorney David E. Kendig: Closed Session has not yet
concluded and the Council will convene after Open Session to discuss two items. The City
Council did authorize initation of litigation against the City of Santa Ana regarding The Bowery
project if that city does not reconsider that vote this evening and reject the project. Other than
that, there's no reportable action.
CONSENT CALENDAR ITEMS 1-10 — Mayor Bernstein stated that the Council did not
receive any public input for the Consent Calendar other than the item submitted by Cesar
Covarrubias for Item No.5 which is noted above. Mayor Bernstein noted that a revised
exhibit for Item No. 4 and a revised letter for Item No. 10 have been circulated to the Council
and made available on the City's website.
It was moved by Council Member Puckett and seconded by Mayor Pro Tem Clark to
approve the balance as recommended by staff.
City Council September 15, 2020
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Roll Call Vote — City Clerk
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 SEPTEMBER 1, 2020
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on September 1, 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 $846,885.61; and
Demands in the amount of $9,282,225.94.
4. 2020 BIENNIAL CONFLICT OF INTEREST CODE REVIEW (DESIGNATED
POSITIONS)
Biennially the City is required to review the list of designated positions in the Conflict
of Interest Code. City staff recommends the following changes to the list of
designated filers as follow:
/G,615o eels"M
Economic Development and Housing Manager (Economic Development)
Police Captain (Police Department)
Recreation Superintendent (Parks and Recreation Department)
Deletions:
Administrative Services Manager (Finance Department)
Economic Development Project Manager (Economic Development)
Principal Management Analyst (Public Works Department)
Motion: The City Council adopted Resolution No. 20-60 modifying the Appendix
(Designated Positions) contained in the City's Conflict of Interest Code.
City Council September 15, 2020
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RESOLUTION NO. 20-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF
INTEREST CODE OF THE CITY OF TUSTIN, AND REPEALING RESOLUTION NO.
18-60
5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL REPORT
Pursuant to the Tustin Housing Authority Bylaws and State of California Housing
Authorities Law of the California Health and Safety Code, the Tustin Housing
Authority ("Housing Authority") is holding an annual meeting in order to receive and
file the annual report of its activities for the preceding fiscal year.
ri i • .1
The Tustin Housing Authority Commissioners took the following actions:
Received and filed the Annual Report for Fiscal Year ("FY") 2019-2020 and
transmit such report to the Tustin City Council.
The City Council took the following actions:
1. Received and filed the Housing Authority's Annual Report for FY 2019-2020.
2. Directed that a copy of the Housing Authority's Annual Report for FY 2019-
2020 be filed with the City Clerk and ex -officio Clerk of the City Council of the
City of Tustin and the California State Department of Housing and Community
Development.
6. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT
AND MANAGEMENT EMPLOYEES
Adoption of the attached Resolution will increase the salary range for the
classification of Police Captain to address compensation compaction within Police
Department management.
Motion: The City Council adopted Resolution No. 20-63 amending the City's
Classification and Compensation Plans for Executive Management and Management
employees.
RESOLUTION NO. 20-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED
EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND
SUPERSEDING RESOLUTION 20-20
7. FY2019 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
City Council September 15, 2020
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The City of Santa Ana, in its capacity as a Core City for the Anaheim/Santa Ana
Urban Area, has applied for, received and accepted a grant entitled "FY 2019 Urban
Areas Security Initiative" (UASI) Grant Program. This grant is from the Federal
Department of Homeland Security, Federal Emergency Management Agency,
through the State of California Emergency Management Agency. It is intended to
enhance countywide emergency preparedness, and to help the Operational Area
prevent, respond to, and recover from acts of terrorism, as set forth in the grant
guidelines and assurances that are incorporated into the Agreement by reference.
The Office of Grants and Training has awarded $4,850,000.00 to the City of Santa
Ana for use in the Anaheim/Santa Ana Urban Area, for the term of April 9, 2020,
through March 31, 2022. The funds are now available for distribution throughout the
Operational Area, and the City of Tustin, as a Sub -Recipient, is authorized to
participate in the grant funding.
Motion: The City Council:
1. Adopted Resolution 20-64, designating the Chief of Police or his designee as
the City's authorized representative for the FY 2019 UASI grant.
2. Approved the FY 2019 UASI Transfer Agreement between the City of Santa
Ana and the City of Tustin.
RESOLUTION NO. 20-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S
AUTHORIZED REPRESENTATIVE FOR THE FY 2019 URBAN AREAS SECURITY
INITIATIVE (UASI)
8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1510
Adoption of Ordinance No. 1510 amends provisions in the Tustin City Code relating
to graffiti and graffiti abatement.
Motion: The City Council had second reading by title only and adoption of Ordinance
No. 1510.
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
9. LEGISLATIVE UPDATE
Staff has prepared a summary of legislative activity.
City Council September 15, 2020
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Motion: The City Council approved the following:
1. Requested signature on AB 434 (Daly): Housing Finance Programs. Uniform
Procedures.
2. Requested signature on AB 1286 (Muratsuchi): Shared Mobility Devices.
Agreements.
3. Requested Veto on AB 2967 (O'Donnell): Public Employees' Retirement
System. Contracting Agencies. Exclusion from Membership.
4. Received and filed the updated Legislative Matrix
10. TUSTIN RESPONSE TO DRAFT PROGRAM ENVIRONMENTAL IMPACT
REPORT FOR THE CITY OF SANTA ANA GENERAL PLAN
Tustin City Council concurrence is requested for the City of Tustin's (the City)
response to the Draft Program Environmental Impact Report (DPEIR) for the City of
Santa Ana General Plan.
The proposed General Plan will guide the City of Santa Ana's development for the
next 25 years and envisions up to 36,261 additional housing units, 5,849,220 square
feet of additional nonresidential space, and 11,436 new jobs between 2020 and 2045.
As proposed, 13,438 of these housing units and 2,645,721 square feet of the
commercial space could be built in close proximity to Tustin within the approved
Metro East Overlay Zone and the proposed 55 Freeway/Dyer Road Focus Area.
Motion: The City Council directed staff to forward the revised response letter to the
City of Santa Ana.
PUBLIC HEARING ITEM 11
11. SPECIFIC PLAN AMENDMENT 2020-00001
City Attorney David E. Kendig provided an update stating that the City received a
number of correspondence including a letter from one of the property owners that is
subject to the applicant now opposing the application. There are a number of factors
that he needs to look at regarding whether or not 10% of this applicant can cause a
withdrawl of the application. There's some research that he needs to do including
their own CC&Rs so for that reason they need additional time. He recommended
continuing this item to a date certain of the next meeting in October.
It was moved by Council Member Puckett and seconded by Council Member
Lumbard to continue the public hearing to the October 6, 2020 City Council meeting.
Roll Call Vote — City Clerk
Motion carried: 5-0
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REGULAR BUSINESS ITEM 12
12. YEAR-END UPDATE FOR FISCAL YEAR 2019/20
Director of Finance Jason AI-Iman provided a PowerPoint presentation.
On June 2, 2020, staff provided the City Council with a report on the estimated
impacts associated with COVID-19, which projected General Fund Reserves of $17.1
million at June 30, 2020. This report provides an update on actual General Fund
revenues and expenditures now that the books have been closed for Fiscal Year
2019/20. General Fund revenues are approximately $4.3 million better than projected
whereas General Fund expenditures are approximately $146,000 higher than
expected yet within budgeted amounts. Consequently, General Fund Reserves are
approximately $4.2 million higher than expected at $21.3 million as of June 30, 2020
(or 29% of General Fund expenditures), which exceeds the City Council's minimum
reserve policy of 20%.
The City Council unanimously received and filed this report on Fiscal Year 2019/20.
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced the City of Tustin continues to discuss and research Community Choice Energy
(CCE), including researching the potential economic benefits for the community; Tustin is
looking into potentially partnering with the City of Irvine; city staff participated in a virtual
informational meeting, which was hosted by the City of Irvine, as well as, other CCE cities;
once city staff has more information, the information will be discussed with City Council to
determine the next steps; this information will be provided to the public.
Announced, in regards to COVID-19, Orange County has moved into tier 2, the red tier;
under the red tier of Governor Gavin Newsom's four -tier Blueprint for a Safer Economy, the
county will be able to reopen movie theaters and restaurants for indoor dining at 25%
capacity and churches for indoor worship at 25% capacity; shopping centers may expand
from 25% capacity to half -capacity under the red tier, movie theaters can reopen at 10%;
Orange County schools can re -open as early as September 22nd as long as the metrics stay
the same; as it relates to Tustin, schools are scheduled to re -open on September 24th; the
earliest Orange County can move into the next tier would be September 29th which will
include more indoor dining.
Announced there was a joint press release announcing the City of Tustin and Brookfield
Residential renewal of their commitment to develop a new 400 -home community at Tustin
Legacy; there was a pause with the development due to COVID-19; this announcement
signals a new confidence with the market; the 400 new homes will be constructed in phases
under a revised timeline; site preparation and grading is anticipated to begin in Fall 2020,
followed by construction of major infrastructure; model home completion is expected in the
Spring of 2022.
City Council September 15, 2020
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COUNCILMEMBER COMMENTS AND REPORTS
Council Member Cooper
No report.
Council Member Lumbard
Thanked the Tustin Police Department for their continuous hard work and increased efforts
regarding their drug enforcement personnel; they have been working hard in getting a lot of
drugs and weapons off the streets.
Thanked the Finance Department for the information provided with agenda Item 12 (Year -
End Update for Fiscal Year 2019/20); thanked city staff for keeping the City of Tustin fiscally
healthy, especially during COVID-19.
Requested a graph of the city's budget be shared on the city website so the community can
fully understand how the City of Tustin is fiscally doing.
Council Member Puckett
Attended Zoom meetings with the Orange County Council of Governments, the Southern
California Association of Governments, and the Transportation Corridor Agencies.
Shared he would like normalcy to return with attending in-person meetings, hopefully soon.
Wished his eldest granddaughter, Danica Joy Dotson, a very Happy 25th Birthday.
Mayor Pro Tem Clark
Thanked the Orange County Fire Authority (OCFA) firefighters for all they have been doing
during the fire season; thanked the OCFA firefighters who continue to protect Tustin.
Expressed that it is great news the City of Tustin and Brookfield Residential is moving
forward with the development of the new 400 -home community at Tustin Legacy; is looking
forward to having more discussion on housing diversity in the near future.
Requested to have an update at the next City Council meeting, on the Homeless Prevention
Program which was established during COVID-19; would like to know if the funds which
were allocated to the program have been used?
Concurred with Council Member Lumbard regarding having a graph of the city's budget on
the city website so the community can fully understand how the City of Tustin is fiscally
doing.
Announced Girls in Government Summit, which will be held virtually on Saturday,
September 26th from 10:00 a.m.- 12:00 Noon; currently has 62 participants registered;
encouraged high school females to sign-up.
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City Manager Matthew S. West
Reported that he will have updated information on the Homeless Prevention Program at the
next City Council meeting; additional public assistance plans are currently developing which
will be part of the update.
Mayor Bernstein
September 2
Attended the Orange County Sanitation District, Operations meeting.
September 9
Attended the Newport Bay Watershed, Executive Committee meeting.
September 11
Attended the Water Advisory Committee of Orange County meeting.
September 14
o Attended the Association of California Cities Orange County, Municipals Issues
Virtual Summit; very interesting topics were discussed.
o Attended the Orange County Sanitation District, Legislative and Public Affairs
Committee meeting.
Thoughts and prayers to the 1,200 Tustin residents who have been affected by the COVID-
19 virus; currently Orange County has a daily COVID-19 positivity case rate of 4.7% and a
3.9% daily testing positivity rate; looking forward to moving into the next tier.
Announced there has been a lot of unfortunate events such as violence, arson, and looting
occurring in our society, but is proud to state that Tustin was the first city in Orange County
to issue a Solidarity Proclamation.
Announced Rosh Hashanah will begin on Friday evening, September 18, 2020 and last until
sundown on September 20, 2020.
Recessed to Closed Session at 6:12 p.m.
Reconvened in Open Session at 6:34 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable
action.
ADJOURNED at 6:35 p.m.
DR. ALLAN BERNSTEIN,
Mayor
` Ki(& gees J&
ERICA N. YASUDA,
City Clerk
City Council September 15, 2020
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