HomeMy WebLinkAbout02 CC MINUTES 12.15.20 AND 12.21.20 DocuSign Envelope ID: D7A085F3-9AB5-4DDB-83E9-F890FF466664
Agenda Item 2
Reviewed: DS
City Manager
Finance Director N/A
CITY OF TUSTIN REGULAR DECEMBER 15, 2020
MEETING OF THE CITY COUNCIL VIDEO CONFERENCE
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Austin Lumbard, Mayor Pro Tem +'f
Barry W. Cooper, Council Member Letitia Clark, Mayor Matthew S. West, City Manager
Rebecca Gomez, Council Member Erica N.Yasuda, City Clerk
Ryan Gallagher, Council Member David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING — 4:30 p.m.
CALL TO ORDER — #2489 at 4:30 p.m.
ATTENDANCE —
Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council
Members Barry W. Cooper, Ryan Gallagher and Rebecca Gomez
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): (3 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. LIABILITY CLAIMS — [Government Code § 54956.951: (3 cases)
A. Claim No. 20-11, Claim of Lynn Tettemore
B. Claim No. 20-12, Claim of Patty Stewart
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C. Claim No. 19-07, Claim of Martha Garza
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
Government Code § 54956.9(a): (4 cases)
A. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case
No. 30-2020-01161134
B. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil
Action No. SA CV 18-00155 DOC JDE
C. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court
Case No. 30-2019-01113056-CU-PT-CXC
D. Orange County Water District, City Of Anaheim, East Orange County Water
District, City Of Fullerton, City Of Garden Grove, Irvine Ranch Water District,
City Of Orange, City Of Santa Ana, Serrano Water District, City Of Tustin, And
Yorba Linda Water District Vs. 3m Company, E. I. Du Pont De Nemours And
Company, The Chemours Company, Cortev A, Inc., Dupont De Nemours, Inc.;
Decra Roofing Systems, Inc.; And Doe Defendants 1-100, Inclusive, Orange
County Superior Court Case Number 30-2020-01172419-Cu-PI-Cxc.
5. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (1 case)
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 — #2489 at 5:34 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE — Mayor Clark
PUBLIC INPUT — Mayor Clark stated for the record that the Council did not receive public
input.
CLOSED SESSION REPORT— City Attorney David E. Kendig: The City Council unanimously
denied Claim Nos. 20-11 and 20-12 and provided direction regarding Claim No. 19-07. Other
than that, there was no reportable action. The Council will reconvene following the regular
meeting
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CONSENT CALENDAR ITEMS 1-9 — It was moved by Mayor Pro Tem Lumbard and
seconded by Council Member Gomez to approve the Consent Calendar as recommended
by staff.
Roll Call — 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 DECEMBER 1, 2020.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on December 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 $891 ,462.90, and
Demands in the amount of $2,712,492.82.
4. 2021 LOCAL APPOINTMENTS LIST
Prior to December 31 st of each year, the Maddy Act requires municipal agencies to
prepare and post a listing of all Commission/Committee vacancies for the upcoming
year.
Motion: Approved the 2021 Local Appointments List for the Planning Commission,
Community Services Commission, Audit Commission, Building Board of Appeals and
Public Art Committee and post notice as required by law.
5. MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR 250 PACIFIC STREET
The Mills Act is State legislation that provides for reduced property taxes on a historic
property if the property owner agrees to maintain and preserve the property for a
minimum of ten (10) years. On June 16, 1997, the City Council authorized the
implementation of a Mills Act program and established a policy specifying which
properties would be eligible for the program. Attachment A of this report includes a
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draft historic property preservation agreement for the property located at 250 Pacific
Street.
Motion: The City Council adopted Resolution No. 20-73 authorizing the execution
of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. and Mrs.
Goren, the owners of the property located at 250 Pacific Street.
RESOLUTION NO. 20-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO
COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY
PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE
OWNERS OF THE PROPERTY LOCATED AT 250 PACIFIC STREET, TUSTIN,
CALIFORNIA.
6. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR 535 WEST THIRD STREET
The Mills Act is State legislation that provides for reduced property taxes on a historic
property if the property owner agrees to maintain and preserve the property for a
minimum of ten (10) years. On June 16, 1997, the City Council authorized the
implementation of a Mills Act program and established a policy specifying which
properties would be eligible for the program. Attachment A of this report includes a
draft historic property preservation agreement for the property located at 535 West
Third Street.
Motion: The City Council adopted Resolution No. 20-75 authorizing the execution
of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. and Mrs.
Goldsmith, the owners of the property located at 535 West Third Street.
RESOLUTION NO. 20-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO
COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY
PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE
OWNERS OF THE PROPERTY LOCATED AT 535 WEST THIRD STREET, TUSTIN,
CALIFORNIA.
7. MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR 350 SOUTH B STREET
The Mills Act is State legislation that provides for reduced property taxes on a historic
property if the property owner agrees to maintain and preserve the property for a
minimum of ten (10) years. On June 16, 1997, the City Council authorized the
implementation of a Mills Act program and established a policy specifying which
properties would be eligible for the program. Attachment A of this report includes a
draft historic property preservation agreement for the property located at 350 South
B Street.
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Motion: The City Council adopted Resolution No. 20-74 authorizing the execution
of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. and Mrs.
Chandler, the owners of the property located at 350 South B Street.
RESOLUTION NO. 20-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO
COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY
PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE
OWNERS OF THE PROPERTY LOCATED AT 350 SOUTH B STREET, TUSTIN,
CALIFORNIA.
8. ADOPT RESOLUTION NO. 20-79 TO ACCEPT IMPROVEMENTS FOR THE
FISCAL YEAR 2019-20 ROADWAY REHABILITATION AND SIDEWALK REPAIR
PROJECT, CIP NO. 70019 AND AUTHORIZE THE CITY ENGINEER TO FILE A
NOTICE OF COMPLETION
Construction of the Fiscal Year (FY) 2019-20 Roadway Rehabilitation and Sidewalk
Repair Project, (CIP No. 70019), has been completed to the satisfaction of the City
Engineer and is now ready for City Council acceptance.
Motion: The Council took the following actions:
1 . Adopted Resolution No. 20-79 accepting the construction of the Fiscal Year
(FY) 2019-20 Roadway Rehabilitation and Sidewalk Repair Project (CIP No.
70019); and
2. Authorized the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 20-79
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 FY 2019-20
ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP NO.
70019)
9. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR TUSTIN SPORTS PARK PLAYGROUND
RENOVATION (CIP No. 20086)
This project includes the renovation of the playground equipment and safety
surfacing at Tustin Sports Park, as well as replacement of the existing shade
structure fabric and installation of a custom awning for the cafe outdoor seating area.
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Motion: The City Council approved Resolution No. 20-78, approving specifications
for the Tustin Sports Park Playground Renovation project (CIP No. 20086) and
authorizing the City Clerk to advertise for bids.
RESOLUTION NO. 20-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE TUSTIN SPORTS PARK PLAYGROUND
RENOVATION (CIP No. 20086)
REGULAR BUSINESS ITEMS 10-12
10. 2021 MAYORAL APPOINTMENTS TO COMMITTEES
Annually, following selection of the Mayor, the Mayor appoints those members of the
City Council who will serve on various City and Regional committees.
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez
to:
1 . Confirm the attached appointments as recommended by the Mayor; and
2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and
direct staff to post on the City's website.
Roll Call — City Clerk
Motion carried: 5-0
11. 2021 COMMISSION VACANCIES
Due to term expirations and vacancies, staff is requesting that the City Council provide
direction on the preferred process to fill upcoming vacancies on the Planning, Audit, and
Community Services Commissions and the Building Board of Appeals.
It was moved by Council Member Cooper if we go the path of an ad hoc committee
to start, that we exclude current seat holders from the interview process.
Mayor Pro Tem Lumbard requested clarification of the motion: Does your motion
have them fill out an application but not have them come in for an interview? Council
Member Cooper confirmed that was the intent.
Mayor Clark introduced a friendly amendment: The interview is subject to the ad hoc
committee who will determine whether or not to interview the existing members.
Mayor Clark requested that City Attorney David E. Kendig weigh in on the motion.
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City Attorney David E. Kendig clarified the motion: There would be an ad hoc
committee process. The existing members would apply. If they didn't apply, they
wouldn't be a part of the process. The ad hoc committee would determine whether
or not to interview the existing commissioners.
Council Member Cooper accepted the friendly amendment. Mayor Clark seconded
the motion.
Council Member Gomez requested clarification on the motion. City Attorney David E.
Kendig clarified the motion: To proceed with an ad hoc committee process that
maintains the existing members in the sense that they will fill out an application to
participate in the reappointment process but the ad hoc committee would decide
whether to interview those candidates or not. That motion was seconded by the
Mayor.
Mayor Clark requested clarification whether the ad hoc committee would interview all
the applicants and refer them to the Council or if the ad hoc committee would just
review the applications.
Council Member Cooper clarified that his motion was intended that the full list of the
short list be brought back to the full City Council.
City Attorney David E. Kendig requested clarification from Council Member Cooper
whether the intent is that the ad hoc committee would interview some or all of them,
then create a short list and that would be be brought to the Council and those would
be interviewed by the Council. Council Member Cooper confirmed that was his
intent. City Attorney David E. Kendig asked Mayor Clark if that was acceptable as
the seconder of the motion. Mayor Clark confirmed with the coveat that the City
Attorney read the entire motion for clarification for all.
City Attorney David E. Kendig clarified the motion: The motion is to go with an ad
hoc process that maintains the existing members in the respect that each of the
existing members that chooses to can fill out an application to participate in the
process. The ad hoc committee will decide then who among the existing committee
members will be interviewed and interview the rest of the applicants that are not on
committees. From the process of applications and interviews, create a short list and
that short list would be brought to the full Council with the intent that the full council
will interview each of those individuals on the short list.
Council Member Cooper confirmed that was the intent of the motion.
Roll Call — City Clerk
Motion carried: 5-0
12. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY
REGARDING NOVEL CORONAVIRUS (COVID-19).
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City Attorney David E. Kendig provided a PowerPoint presentation.
Consider adoption of Resolution 20-80 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 Council Member Gomez and seconded by Mayro Pro Tem Lumbard
to adopt Resolution No. 20-80 Determining the Need to Continue the Local
Emergency Regarding Novel Coronavirus (COVID-19).
Roll Call — City Clerk
Motion carried: 5-0
RESOLUTION NO. 20-80
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
Thanked City Attorney David E. Kendig for his presentation on the Resolution Determining
the Need to Extend Local Emergency due to the COVID-19 pandemic; reminded the
community to stay diligent in their efforts to stay safe as the amount of positive COVID-19
cases climb; stated tomorrow (December 16, 2020) is the projected release of the COVID-
19 vaccines in Orange County; is hopeful 2021 will bring back many of the businesses,
which were put off by the COVID-19 pandemic.
Grateful for the newly seated City Council.
Wished everyone a Happy Holidays and looks forward to seeing everyone in 2021.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
No report.
Council Member Gomez
Thanked everyone for their support and comments following her Oath of Office at the last
City Council meeting; thanked city staff for the great organization and logistics at the last
meeting, as well as the day prior when taking the Oath of Office.
Reminded the public to please stay safe, please continue to wear a mask, please make
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sure social distancing is being practiced, and wash hands regularly; asked everyone to
enjoy their holidays, but to stay safe to be able to enjoy future holidays with family.
Council Member Cooper
Mimicked Council Member Gomez reminding everyone to stay safe; hopes families infected
by COVID-19 beats the virus; looks forward to having in person meetings and moving past
the COVID-19 pandemic.
Mayor Pro Tem Lumbard
Congratulated Mayor Clark on her first meeting as Mayor and the newly seated City Council
Members.
Wished everyone a Merry Christmas, Happy Hanukkah, and Happy Holidays; hopeful for
2021 to be a brighter year for everyone.
Mayor Clark
Thanked city staff and colleagues managing the completion of the first full City Council
meeting together; hopeful and optimistic for a positive year moving forward; announced will
be releasing the 2021 Mayoral Goals in January and asked for feedback and input from
colleagues and the public, please send any input to Iclark@tustinca.org.
December 14
Issued the Oaths of Office to Tustin Unified School District's Board Member, Allyson
Damikolas and Rancho Santiago Community College District's Board Trustee, David
Crockett; congratulated them both and wished them well in their tenure.
Wished everyone a Merry Christmas, Happy Hanukkah, Happy Kwanzaa, Happy New Year;
asked the public to stay safe and looks forward to seeing everyone in 2021 .
Closed Session Update— City Attorney David E. Kendig: The Council will reconvene to
discuss Items 1 , 2 and 4 as they appear on the Closed Session Agenda.
Recessed to Closed Session at 6:28 p.m.
Reconvened at 7:08 p.m.
Closed Session Report — City Attorney David E. Kendig: The Council took no reportable
action.
ADJOURNED at 7:08 p.m.
City Council December 15, 2020
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Agenda Item 2
Reviewed: a-5=W
City Manager
Finance Director N/A
CITY OF TUSTIN SPECIAL DECEMBER 21, 2020
MEETING OF THE CITY COUNCIL + VIDEO CONFERENCE
Austin Lumbard, Mayor Pro Tem
Barry W. Cooper, Council Member Letitia Clark, Mayor Matthew S. West, City Manager
Rebecca Gomez, Council Member Erica N.Yasuda, City Clerk
Ryan Gallagher, Council Member David E. Kendig, City Attorney
MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
4:30 P.M.
CALL TO ORDER at 4:32 p.m.
ATTENDANCE —
Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council
Members Ryan Gallagher and Rebecca Gomez
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
PUBLIC INPUT— None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to
discuss Item 1 on the Closed Session Agenda.
Recessed to Closed Session at 4:33 p.m.
MINUTES OF THE SPECIAL CLOSED SESSION MEETING
PUBLIC INPUT— None
City Council December 21, 2020
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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 anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION - Initiation
of Litigation pursuant to paragraph (4) of subdivision (d) of California Government
Code section 54956.9 (One case)
A. In reference to Cynthia Campbell et al. vs. Don Barnes, Orange County Superior
Court Case Number 30-2020-01141117-CU-WM-CXC
RECONVENE IN OPEN SESSION at 5:32 p.m.
CLOSED SESSION REPORT— City Attorney David E. Kendig: The Council voted 4-0, with
Council Member Cooper absent, to join in the City of Newport Beach's amicus brief in the
case challenging the release of inmates by the County Sherriff. Other than that, there was
no reportable action.
ADJOURNED at 5:33 p.m.
City Council December 21, 2020
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