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Home My WebLink About00 CC AGENDA 5.19.20CITY 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 MAY 19, 2020 VIDEO CONFERENCE Dr. Allan Bernstein, Mayor Matthew S. West, City Manager Erica N.Yasuda, City Clerk David E. Kendig, City Attorney NOTICE RE PUBLIC PARTICIPATION DURING COVID-19 EMERGENCY During the Statewide COVID-19 Emergency, the public is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows: To watch the meeting, the public may observe the meeting via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To comment on one or more items, do the following: 1. Proceed to the SpeakUp comment system: A. To submit an e -comment on an upcoming meeting agenda prior to commencement of the meeting, go to https://tustin.qranicusideas.com/meetings?scope=upcominq and select the agenda item. B. To submit an e -comment on an upcoming meeting agenda during the meeting, go to https://tustin.granicusideas.com/meetings?scope=past and select the agenda item. C. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the City Council May 19, 2020 Meeting Agenda Page 1 of 6 meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. CLOSED SESSION MEETING — 4:00 p.m. CALL TO ORDER — #2476 ATTENDANCE — PUBLIC INPUT — Members of the public may submit comments in writing to address the City Council on items on the Closed Session Agenda. 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: 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. 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 4. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): Consultation with Police Chief and City Attorney City Council May 19, 2020 Meeting Agenda Page 2 of 6 REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:00 P.M. CALL TO ORDER — #2476 PUBLIC INPUT — At this time, any member of the public may submit comments in writing to 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. CLOSED SESSION REPORT — City Attorney David E. Kendig 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 address the City Council regarding Consent Calendar matters should submit comments in writing 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 MAY 5, 2020 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 5, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $779,584.65; and Demands in the amount of $3,051,712.98. 4. ORANGE COUNTY TRANSPORTATION AUTHORITY OFFER TO ACQUIRE PROPERTY RIGHTS FOR STATE ROUTE 55 PROJECT Request for authorization to approve a right-of-way purchase contract and two Temporary Construction Easements with the Orange County Transportation Authority ("OCTA") to acquire property interests from a southwest portion of a City - City Council May 19, 2020 Meeting Agenda Page 3 of 6 owned 11 -acre parcel adjacent to State Route 55 for an interstate widening project. Recommendation: It is recommended that the City Council: 1. Approve the right-of-way purchase contract and two Temporary Construction Easements from the Orange County Transportation Authority; and 2. Authorize the City Manager to execute transaction documents associated with the right of way purchase of City -owned land and easements between the City and OCTA, subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City Attorney. 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE PEPPERTREE PARK IMPROVEMENTS PROJECT CIP NO. 20085 The plans and specifications for the Peppertree Park Improvements Project (CIP No. 20085) have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 20-31 approving the plans and specifications for the Peppertree Park Improvements Project (CIP No. 20085); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 20-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE PEPPERTREE PARK PROJECT CIP NO. 20085 AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. ADOPT RESOLUTION NO. 20-27 ACCEPTING THE FLIGHT WAY (CIP NO. 70229) IN TUSTIN LEGACY FOR PUBLIC STREET PURPOSES As a part of development of City -owned property, formerly known as Cornerstone 1, by Flight Venture LLC (Developer), certain property (i.e. Flight Way) was constructed and reserved for street purposes. The proposed resolution would dedicate and accept Flight Way for public street purposes and subsequent City Council acceptance into the City's system of streets. Recommendation: It is recommended that the City Council adopt Resolution No. 20-27 accepting the dedication of Flight Way (CIP No. 70229) in Tustin Legacy for public street purposes. RESOLUTION NO. 20-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE DEDICATION OF FLIGHT WAY FOR PUBLIC STREET PURPOSES City Council May 19, 2020 Meeting Agenda Page 4 of 6 7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. PUBLIC HEARING ITEM 8 8. FIVE-YEAR PERMANENT LOCAL HOUSING ALLOCATION PLAN In accordance with the 2017 Building Homes and Jobs Act, Senate Bill 2 (S132), the City is seeking authorization to submit a Five -Year Permanent Local Housing Allocation Program Application to the State of California Department of Housing and Community Development (HCD). Recommendation: It is recommended the Tustin Housing Authority Commissioners take the following action: 1. Approve the Five -Year Permanent Local Housing Allocation (PLHA) Plan It is recommended the City Council take the following actions: 1. Adopt City Council Resolution 20-28, adopting the Five -Year PLHA Plan; and 2. Authorize the City Manager, or his designee, to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications related to the Program or the PLHA grant. RESOLUTION NO. 20-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE FIVE-YEAR PERMANENT LOCAL HOUSING APPLICATION PLAN REGULAR BUSINESS ITEM 9 9. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) On March 20, 2020, the City Council ratified a Proclamation declaring the existence of a local emergency relating to Covid-19, in accordance with Government Code Section 8630 and Tustin Municipal Code Sections 5204 and 5205(a)(1). Aspects of City Council May 19, 2020 Meeting Agenda Page 5 of 6 the original proclamation have since expired, or soon will expire, and it is recommended that the City Council extend the proclamation by determining that the need to continue the local emergency continues to exist. Recommendation: Adopt Resolution No. 20-34 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). RESOLUTION NO. 20-34 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 AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council May 19, 2020 Meeting Agenda Page 6 of 6