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Home My WebLink About00 CC AGENDA 4.16.19CITY OF TUSTIN REGULAR APRIL 16, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, Acting City Manager/ Letitia Clark, Council Member Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2452 ROLL CALL — City Clerk PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION UPDATE — City Attorney David E. Kendig 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) WRITTEN MATERIALS — Materials that are distributed to a majority of the Council members, less than 72 hours prior to the Regular Meeting, are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those requiring accommodations for this meeting should notify the City Clerk's Office 72 hours prior to the meeting at (714) 573-3025. 2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code § 54956.8: (2 cases) A. Property Address/Description Future development of 85 +/- Parcel at Former MCAS Tustin at corner of Valencia Avenue and Armstrong Avenue in the City of Tustin Agency City of Tustin City Negotiators Matthew S. West, Acting City Manager Negotiating Parties Thomas A. Miller, County of Orange, Chief Real Estate Officer, U.S. Department of the Navy Under Negotiation Price and Terms of Payment B. Property Address/Description APN: 430-251-28, and a portion of Parcel 1 in Book 7542, Page 974, Official Records Agency City of Tustin City Negotiators Matthew S. West, Acting City Manager, John Buchanan, Director of Economic Development, and Jerry Craig, Deputy Director of Economic Development Negotiating Parties SchoolsFirst Federal Credit Union, Bill Cheney, President/CEO Under Negotiation Price and Terms of Payment 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (2 cases) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. Paola Fuentes -Ortega, Representative of the Estate of Edwin Fuentes v. City of Tustin; City of Santa Ana; Michael Carter; Case No. 30-2019-01055803- CU-PP-CJC 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code § 54957(d)(1): (1 case) A. Title: Acting City Manager 6. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code § 54957(b)(1): A. Title: City Manager City Council April 16, 2019 Meeting Agenda Page 2 of 6 REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2452 INVOCATION — Pastor Costi Hinn, Mission Bible Church PLEDGE OF ALLEGIANCE — Council Member Lumbard PRESENTATIONS — o Climate Change Summit o Proclamation Recognizing Donate Life Month o U.S. Census Bureau — 2020 Census CLOSED SESSION REPORT — City Attorney David E. Kendig ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 7) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare 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 APRIL 2, 2019. City Council April 16, 2019 Meeting Agenda Page 3 of 6 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 2, 2019. 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $819,180.53; and Demands in the amount of $4,370,134.70. 4. ADOPT RESOLUTION NO. 19-15 COMMITTING TO PARTNER WITH THE U.S. CENSUS BUREAU FOR THE 2020 CENSUS Representatives from the U.S. Census Bureau have requested that the City adopt a resolution committing to partner with the U.S. Census Bureau to help ensure a full and accurate count. Recommendation: It is recommended that the City Council adopt Resolution No. 19-15 committing to partner with the U.S. Census Bureau for the 2020 Census. RESOLUTION NO. 19-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING COMMITMENT TO PARTNER WITH THE U.S. CENSUS BUREAU FOR A 2020 CENSUS 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70018 The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project (CIP No. 70018) have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 19-17 approving the plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project (CIP No. 70018), and authorize the City Clerk to advertise to receive bids. 2. Approve an additional appropriation of $150,000 from the General Fund - Capital Improvement Program (Fund 200) for this project. RESOLUTION NO. 19-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70018 City Council April 16, 2019 Meeting Agenda Page 4 of 6 AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. ADOPT RESOLUTION NO. 19-16 APPROVING PROJECT LIST TO BE SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1 FUNDING FOR FISCAL YEAR 2019/20 In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is required to submit a Project List to the California Transportation Commission (CTC) no later than May 1, 2019. Recommendation: Staff recommends the City Council: 1. Adopt Resolution No. 19-16 identifying projects to be submitted to the California Transportation Commission for SB 1 funding; and 2. Direct staff to submit the Project List to the California Transportation Commission on behalf of the City. RESOLUTION NO 19-16 RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-20 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 7. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF JOHN STRAIN Adoption of the attached Resolution will certify that John Strain is industrially disabled from his position of Police Lieutenant and enable CalPERS to process his industrial disability retirement. Recommendation: Adopt Resolution No. 19-13 finding that Police Lieutenant John Strain is industrially disabled from performing the duties of his position. RESOLUTION NO. 19-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT JOHN STRAIN, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE LIEUTENANT PUBLIC HEARING ITEM — A Public Hearing Item provides Individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 8) 8. FISCAL YEAR 2019-20 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2019-20 ACTION PLAN City Council April 16, 2019 Meeting Agenda Page 5 of 6 The Community Development Department is proposing to submit to the U.S. Department of Housing and Urban Development (HUD), the Program Year (PY) 2019-20 Action Plan (Attachment A), which describes the activities that the City will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. The City of Tustin has not yet received formal notification from HUD regarding the 2019-20 funding allocation; however, based on prior years' funding, the City anticipates receiving approximately $820,000 in CDBG funding. On February 28, 2019, the Citizen Participation Committee conducted a public hearing, received public input and testimony, and considered all public service applications submitted. The Citizen Participation Committee has provided a recommendation to the City Council regarding public service funding allocations for Program Years 2019-20. In 2007, the City Council amended its Citizen Participation Plan, to allow for a three (3) year funding cycle for public service activities. In 2017, the City Council amended the plan back to an annual funding cycle. Staff is now proposing to revert the public service funding to a three (3) year funding cycle. Recommendation: That the City Council: 1. Adopt Resolution No. 19-14 approving the PY 2019-20 Action Plan and funding allocations; authorize submission of the PY 2019-20 Action Plan to the U.S. Department of Housing and Urban Development; authorize the Community Development Department to enter into contracts with CDBG subrecipients for public services, non-public services, and fair housing services; authorize the Community Development Director to reallocate funding proportionately, if the final funding amount is other than $820,000; and, 2. Direct staff to initiate an amendment to the Citizen Participation Plan, changing the funding cycle from one (1) year to three (3) years for public service activities. RESOLUTION NO. 19-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2019-20 ACTION PLAN AND FUNDING ALLOCATION FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, May 7, 2019 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council April 16, 2019 Meeting Agenda Page 6 of 6