HomeMy WebLinkAbout00 CC AGENDA 4.19.22 CITY OF TUSTIN REGULAR APRIL 19, 2022
MEETING OF THE CITY COUNCIL . 300 CENTENNIAL WAY,TUSTIN
COUNCIL CHAMBER AND
VIDEO CONFERENCE
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager
Ryan Gallagher, Council Member Erica N.Yasuda, City Clerk
Rebecca Gomez, Council Member David E. Kendig, City Attorney
NOTICE REGARDING PUBLIC PARTICIPATION
To watch the meeting, the public may observe the meeting in person in the Council Chamber
or via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on
the local Cox Channel 851 .
To participate and/or comment on one or more items, do the following:
1. PARTICIPATING DURING A MEETING
Community members who wish to address the City Council during a public
meeting may attend the meeting in person or join through Zoom. By joining the
meeting through Zoom, you will be able to speak but your video will not be
enabled. Please see further instructions below.
HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER
OR SMART DEVICE
Community members may provide live public comments via Zoom during City
Council meetings. To join the meeting, click here and use the passcode below.
You can also join via the Zoom app on your smartphone or tablet, or in a web
browser at https://zoom.us/join, by entering the Meeting ID and Passcode below.
Meeting ID: 940 8640 1921
Passcode: 600222
Please provide your name in the Zoom application to allow the City Clerk to
identify you when it is your time to speak. We suggest installing and testing the
Zoom software on your device prior to the commencement of the meeting.
HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE
To join to the Zoom web conference from any phone (landline or wireless), dial
669-900-6833.
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When prompted use the below Meeting ID and Passcode:
Meeting ID: 940 8640 1921
Passcode: 600222
The City Clerk will identify you by the last 4 digits of your phone when it is your
time to speak.
When requested by the City Clerk, call-in users can unmute and mute their
phones by pressing *6.
Call-in users can raise their hand by pressing *9 but may not lower their hand
once raised.
2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM
1 . Proceed to the SpeakUp comment system:
A. To submit an e-comment on an upcoming meeting agenda go to
https://tustin.granicusideas.com/meetings?scope=upcoming and
select the agenda item.
B. 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
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.
Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to
Government Code section 54957.5, non-exempt public records that relate to one or more
open session agenda items and that are distributed to a majority of the City Council less
than seventy-two (72) hours prior to the meeting will be available for public inspection on
the electronic posting board located at 300 Centennial Way, Tustin, CA 92780.
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CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 p.m.
CALL TO ORDER — #3019
ATTENDANCE — City Clerk
PUBLIC INPUT — Members of the public may provide comments in writing, in person or in
real time via Zoom to 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)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3019
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Cooper
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.
CLOSED SESSION REPORT — City Attorney David E. Kendig
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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 - 6)
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 5, 2022.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on April 5, 2022.
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 $905,864.36 and Demands in the amount of $3,259,115.69.
4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS
In order for the Council to continue to have the option to meet via teleconference
during the pandemic, AB 361 requires the Council to make specified findings at least
every thirty (30) days.
Recommendation: Make the following findings by majority vote of the Council:
A. A state of emergency has been proclaimed by California's Governor
due to the COVID-19 pandemic and continues in effect; and
B. The Council has reconsidered the circumstances of the state of
emergency; and
C. State and local officials continue to recommend measures to promote
social distancing to slow the spread of COVID-19.
5. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND
SIDEWALK REPAIR PROJECT, CIP NO. 70021
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Staff is requesting the City Council award a construction contract to the lowest
responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk
Repair Project, CIP No. 70021 .
Recommendation: It is recommended that the City Council
1 . Award a construction contract to the lowest responsive/responsible bidder,
Onyx Paving Company, Inc. in the amount of $2,442,000.00, for the Annual
Roadway Rehabilitation and Sidewalk Repair Project, CIP No. 70021 and
authorize the Mayor and the City Clerk to execute the contract documents on
behalf of the City; and
2. Appropriate $497,000 from the Measure M2 Fund (Fund 139).
6. ASSEMBLY BILL 481: MILITARY EQUIPMENT USE POLICY
To provide a proposed Military Equipment Use Policy drafted for the Tustin Police
Department ("Department"), and to obtain direction for staff to post the proposed
policy on the Department's website and add an agenda item for a public hearing
before the City Council which is at least thirty (30) days from today's date for first
reading of an ordinance approving the proposed policy.
Recommendation: It is recommended that the City Council:
• Receive and file the attached draft Military Equipment Use Policy; and
• Direct staff to post the attached draft Military Equipment Use Policy on the
Department's website pending further consideration of the policy by the City
Council; and
• Direct staff to add an agenda item for public hearing that is at least thirty (30)
days from today's date for first reading of an ordinance approving the draft
Military Equipment Use Policy.
PUBLIC HEARING ITEM 7
7. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE YEAR ACTION
PLAN FOR PROGRAM YEAR 2022-23
The Housing and Community Development Act of 1974, as amended, established
the Community Development Block Grant (CDBG) program to return federal funds to
local communities for the purpose of developing viable urban communities by
providing decent housing, creating suitable living environments, and by expanding
economic opportunities, specifically for low and moderate-income persons. To
participate in the CDBG program, the City is required to prepare a Consolidated Plan
that identifies needs for affordable and supportive housing, community development,
public services, and economic opportunities. The Consolidated Plan is required every
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five years, and was most recently adopted by the City Council on April 21 , 2020.
Annually, the City is also required to prepare a one-year Action Plan that implements
the goals and objectives contained in the Consolidated Plan. The proposed 2022-23
Action Plan set forth in Resolution No. 22-13 (Attachment A) fulfills this annual
requirement.
On March 1 , 2022, the Tustin City Council held a public hearing for the 2022-23
Action Plan preparation process. The purpose of the hearing was to inform interested
citizens about the CDBG program, obtain citizens' views on CDBG priorities, and
receive a report on the performance of the current public service CDBG fund
recipients (also known as non-profit subrecipients). During this meeting, the City
Council recommended continued funding to all existing non-profit subrecipients.
Recommendation: That the City Council adopt Resolution No. 22-13:
1 . Approving the Program Year(PY) 2022-23 Action Plan and funding allocations
totaling approximately $800,000; authorize submission of the PY 2022-23
Action Plan to the U.S. Department of Housing and Urban Development
(HUD);
2. Authorizing the Community Development Department to enter into contracts
with CDBG subrecipients for public services, non-public services, and fair
housing services; and,
3. Directing staff to continue with a three-year funding cycle for public service
activities.
RESOLUTION NO. 22-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE ACTION PLAN FOR PROGRAM YEAR 2022-23 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, May 3, 2022 for the Closed
Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
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