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Home My WebLink About02 CC MINUTES 10.20 AND 11.06 DocuSign Envelope ID: 13365E7A-167C-4D5D-B116-A7307FOED7C9 2 Agenda Item Reviewed: °S City Manager 5W Finance Director N/A CITY OF TUSTIN REGULAR OCTOBER 20, 2020 MEETING OF THE CITY COUNCIL0� VIDEO CONFERENCE ro_ 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 — #2486 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 — 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): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 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): (2 cases) City Council October 20, 2020 Meeting Minutes Page 1 of 7 DocuSign Envelope ID: 13365E7A-167C-4D5D-B116-A7307FOED7C9 A. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No. 30-2020-01161134 B. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court Case No. 30-2019-01113056-CU-PT-CXC MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2486 at 5:31 p.m. ATTENDANCE — Present: Mayor Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark and Council Members Charles E. Puckett and Barry W. Cooper Absent: Council Member Austin Lumbard City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager INVOCATION AND PLEDGE OF ALLEGIANCE — Council Member Cooper PUBLIC INPUT — 1. Darakhsha Siddiqi (Item No. 9) PRESENTATION — Mayor Bernstein presented a Proclamation recognizing National Nurse Practitioner Week during November 8th - 14th CLOSED SESSION REPORT—City Attorney David E. Kendig: The Council took no reportable action. CONSENT CALENDAR ITEMS 1-6 It was moved by Council Member Puckett and seconded by Mayor Pro Tem Clark to approve the Consent Calendar as recommended by staff. Roll Call Vote — City Clerk City Council October 20, 2020 Meeting Minutes Page 2 of 7 DocuSign Envelope ID: 13365E7A-167C-4D5D-B116-A7307FOED7C9 Motion carried: 4-0 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 OCTOBER 6, 2020 Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on October 6, 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 $839,011 .60; and Demands in the amount of $4,438,686.07. 4. SUPPLEMENTAL APPROPRIATION FROM FUND 189 FOR ENVIRONMENTAL DUE DILIGENCE WITHIN NEIGHBORHOOD G-PLANNING AREA 15-A OF TUSTIN LEGACY Request for a supplemental appropriation of $155,000 from Fund 189 for environmental due diligence within Neighborhood G — Planning Area 15-A at Tustin Legacy. Motion: The City Council appropriated $155,000 from Fund 189 to the Economic Development Department planning budget for environmental due diligence work. 5. APPLICATION FOR PROPOSITION 68 PER CAPITA GRANT FUNDS Authorization is requested to apply for Proposition 68 Per Capita Grant funding, administrated by the California Department of Parks and Recreation Office of Grants and Local Services, for the Tustin Sports Park Playground Renovation project. Motion: The City Council adopted Resolution No. 20-61 approving application for Proposition 68 Per Capita Grant funds for the renovation of the Tustin Sports Park playground area. RESOLUTION NO. 20-61 City Council October 20, 2020 Meeting Minutes Page 3 of 7 DocuSign Envelope ID: 13365E7A-167C-4D5D-B116-A7307FOED7C9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE APPLICATION FOR PER CAPITA GRANT FUNDS 6. REQUEST FOR PROPOSALS FOR LEGISLATIVE ADVOCACY AND GRANT WRITING SERVICES This Request for Proposals will solicit proposals for qualified firms to provide Legislative Advocacy and Grant Writing services for the City. Motion: The City Council authorized the City Manager to issue the Request for Proposals; and authorized the City Manager to enter into a Professional Services Agreement with the highest ranked firm as described in the RFP. REGULAR BUSINESS ITEMS 7-9 7. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) Consider adoption of Resolution 20-69 determining that there is a need to continue the local emergency relating to COVID-19 in accordance with Government Code Section 8630. It was moved by Mayor Pro Tem Clark and seconded by Mayor Bernstein to adopt Resolution No. 20-69 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). Roll Call Vote — City Clerk Motion carried: 4-0 RESOLUTION NO. 20-69 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) 8. SUMMARY OF PROJECTS AND RESPONSE TO COVID-19 UPDATE Acting Director of Community Development Justina Willkom provided a PowerPoint presentation. 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 such as the City's Response to COVID-19. The City Council unanimously received and filed this item. City Council October 20, 2020 Meeting Minutes Page 4 of 7 DocuSign Envelope ID: 13365E7A-167C-4D5D-B116-A7307FOED7C9 9. AUTHORIZE APPEAL OF DRAFT ALLOCATION TO TUSTIN OF REGIONAL HOUSING NEEDS ASSESSMENT BY THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS City Attorney David E. Kendig provided a PowerPoint presentation. Consider authorizing an appeal to the Southern California Association of Governments ("SCAG") of Tustin's allocated portion of the draft Regional Housing Needs Assessment ("RHNA"). It was moved by Council Member Puckett and seconded by Mayor Bernstein to: 1 . Authorize the appeal of Tustin's RHNA allocation; and 2. Authorize staff to respond to any appeal of another agency's RHNA allocation that could result in an increase in the RHNA allocation to Tustin; and 3. Authorize the City Manager to execute all forms and documents required or appropriate to support the appeal and response(s). Roll Call Vote — City Clerk Motion carried: 4-0 OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Announced the 2019-2020 Fiscal Year (FY) budget overview graph, which was requested by Council Member Lumbard at the October 6, 2020 City Council meeting, has been prepared and will be posted on the City of Tustin's website; encourages the public to view the FY budget graph on the website. Announced anyone wishing to drop their election ballots off at a Ballot Drop Box, can do so at the following locations: • Tustin Boys and Girls Club off Sixth Street, • Orange County Animal Care off Victory Road, • Tustin Metrolink Station off Edinger Avenue and; • Tustin Sports Park off Robinson Drive; Each drop box is open 24 hours a day through Election Day, November 3, 2020; Announced there will be five in-person Vote Center locations which will be open Friday, October 30, 2020 — November 3, 2020; from 8:00 A.M-8:00 P.M with Election Day hours being 7:00 A.M — 8:00 P.M; locations include: City Council October 20, 2020 Meeting Minutes Page 5 of 7 DocuSign Envelope ID: 13365E7A-167C-4D5D-B116-A7307FOED7C9 • Clifton C. Miller Community Center next to City Hall; • Columbus Tustin Activity Center off Beneta Way, • Tustin Community Center at the Tustin Marketplace off EI Camino Real, • Tustin Family and Youth Center off Sycamore and; • Aldersgate United Methodist Church off Irvine Boulevard; Encouraged everyone to vote. COUNCILMEMBER COMMENTS AND REPORTS Council Member Puckett Thanked City Attorney, David E. Kendig for the Southern California Association of Governments report on agenda item 9. Attended the Orange County Council of Governments meeting; reported the Regional Housing Needs Assessment was discussed. Attended the Transportation Corridor Agencies meeting; discussed the bridge construction on Oso Parkway at the end of the 241 Toll Road; reported the development of a plan for the 241 Toll Road to the 91 Freeway interchange. Council Member Cooper Provided an update on the Orange County Vector Control Agency; warned the public about the Aedes mosquito; encouraged everyone to cover up and use mosquito repellent; announced West Nile virus was reported on September 29, 2020 in Orange County; encouraged everyone to visit www.ocvectorcontrol.org or www.cbslocal.com for more information on the Aedes mosquito. Mayor Pro Tem Clark Attended the Orange County Public Library Advisory Board meeting; reported curbside pickup is available; announced the In-N-Out Cover to Cover Club program is available October 3, 2020 - November 14, 2020; for more information, please visit www.ocpl.org or contact the Tustin Branch Library. Attended the Orange County Fire Authority (OCFA) meeting; announced the Fire Prevention Week went well; drive through fire prevention information is available at OCFA's headquarters; announced local fires and fire safety continues to be monitored during this time. October 19 Met with Jeremy Zoch, CEO of St. Joseph Hospital; reported the hospital is expanding its partnership with Providence Health Care Group; announced there has been an increase in severe hospital cases from senior citizens caused by not following up on their preventative City Council October 20, 2020 Meeting Minutes Page 6 of 7 DocuSign Envelope ID: 13365E7A-167C-4D5D-B116-A7307FOED7C9 care; encouraged all seniors to get their regular checkups. Mayor Bernstein October 7 Attended the Orange County Sanitation District (OCSD), Operations Committee meeting; announced the Philip L. Anthony Water Quality Lab is the first public agency laboratory in California to achieve state certification to analyze for polyfluoroalkyl substances (PFAS) in drinking water; OCSD is continuing to analyze the PFAS concentration in wastewater and the impact it has on public health. October 7-9 Attended the League of California Cities' Annual Conference; encourages everyone to visit the League's website. October 11 Attended the 100th birthday celebration of Major James McLaughlin; well attended drive through event; thanked everyone involved in the organization of the event. Wished wife, Randi Bernstein, a belated happy anniversary. ADJOURNED at 6:21 p.m. City Council October 20, 2020 Meeting Minutes Page 7 of 7 DocuSign Envelope ID: 13365E7A-167C-4D5D-B116-A7307FOED7C9 Agenda Item 2 Reviewed: DS City Manager -m5w Finance Director Ivies SPECIAL CLOSED SESSION NOVEMBER 6, 2020 MEETING OF THE CITY COUNCIL0� VIDEO CONFERENCE ro_ 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 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 3:00 P.M. CALL TO ORDER at 3:00 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 - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) CLOSED SESSION REPORT — City Attorney David E. Kendig - The City Council unanimously directed that the City initiate litigation. The action, defendants, and the other particulars will, once formally commenced, be disclosed to any person upon inquiry ADJOURNED at 3:22 p.m. City Council November 6, 2020 Meeting Minutes Page 1 of 1