CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Councilmember
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Austin Lumbard, Mayor
MARCH 1, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 10
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:00 p.m.
CALL TO ORDER – #3016
ATTENDANCE - City Clerk
PUBLIC INPUT - Members of the public may offer 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): (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.
Emily Garcia and C.G., by and through her guardian Rosala Becerra vs. the City of Tustin, Estella (sic) Silva; U.S. Dist. Ct., C.D. of Cal. Case No. 8:22-cv-00131-DOC-KES.
4. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases) A.
Claim of Wendy Ramirez; Claim No. 22-07
B.
Claim of Kevin Ramirez; Claim No. 22-08
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A.
Property Address/Description: APN 430-283-10, 22, 23, 30 (portion), 29, 33, 35, 37 Agency: City of Tustin
City Negotiators: Matthew S. West, City Manager; and Christopher Koster, Director of Economic Development Negotiating Parties: Ann-Marie Gabel, Vice Chancellor Business Services, South Orange County Community College District Department of the Navy
Under Negotiation: Price and Terms of Payment of Exchange and Lease
REGULAR MEETING OF THE CITY COUNCIL
- 6:30 P.M.
CALL TO ORDER – #3016
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church PLEDGE OF ALLEGIANCE – Council Member Gallagher
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
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 - 9)
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 FEBRUARY 15, 2022.
Recommendation:
That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 15, 2022.
AGENDA REPORT
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 $897,563.66; and Demands in the amount of $1,867,142.23.
AGENDA REPORT
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.
AGENDA REPORT
5. OLD TOWN TUSTIN PLANTER BOX PUBLIC ART PROJECT PHASE 4 At their February 16, 2022, Regular Meeting, the Community Services Commission recommended to forward three planter box art concepts, that were previously approved by the Public Art Committee, for consideration by the City Council to complete the Old Town Tustin Planter Box Public Art Project.
Recommendation:
It is recommended that the City Council adopt Resolution 22-09 approving three planter box art designs and authorize the Parks and Recreation Department to execute agreements with the respective artists.
RESOLUTION NO. 22-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AGREEMENTS WITH THE RESPECTIVE ARTISTS
AGENDA REPORT
6. PIONEER ROAD PARK SEAT WALL MURAL PUBLIC ART PROJECT At their February 16, 2022, Regular Meeting, the Community Services Commission recommended to forward a public art wall mural design selected by the Public Art Committee for consideration by the City Council.
Recommendation:
It is recommended that the City Council adopt Resolution 22-10 approving the wall mural design, submitted by artist Tom Clark, to be installed on the seat wall of the Pioneer Road Park splash pad and authorize the Parks and Recreation Department to execute an agreement with the artist.
RESOLUTION NO. 22-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMITTEE AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST
AGENDA REPORT
7. FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR EXISTING WIRELESS FACILITIES AT VETERANS SPORTS PARK (1645 VALENCIA ROAD) First Amendment to Communications Site License Agreement between the City of Tustin and New Cingular Wireless PCS, LLC (AT&T) for the cell site at Veterans Sports Park. The Amendment would allow New Cingular Wireless PCS, LLC to make additional improvements to an existing communications site as described in Exhibit 3-A of the attachment.
Recommendation:
It is recommended that the City Council take the following actions:
1. Approve the attached First Amendment to Communications Site License Agreement with New Cingular Wireless PCS, LLC for the cell site at Veterans Sports Park; and
2. Authorize the City Manager to execute this First Amendment.
AGENDA REPORT
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE PINE TREE PARK IMPROVEMENTS PROJECT CIP NO. 20087 The plans and specifications for the Pine Tree Park Improvements Project (CIP No. 20087) have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 22-11 approving the plans and specifications for the Pine Tree Park Improvements Project (CIP No. 20087); and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 22-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE PINE TREE PARK IMPROVEMENTS PROJECT CIP NO. 20087 AND AUTHORIZING ADVERTISEMENT FOR BIDS
AGENDA REPORT
9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 3, CIP NO. 70021 The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 3 (CIP No. 70021) have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 22-08 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 3, (CIP No. 70021), and authorize the City Clerk to advertise to receive bids; and
2. Appropriate $630,000 from the Measure M2 Fund (Fund139) for sidewalk repairs and $1,700,000 from the General Fund - Capital Improvement Program (Fund 200) for roadway repairs to meet the City's Measure M2 Maintenance of Effort (MOE) obligation.
RESOLUTION NO. 22-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 3, CIP NO. 70021 AND AUTHORIZING ADVERTISEMENT FOR BIDS
AGENDA REPORT
PUBLIC HEARING ITEM 10
10. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENTS PERFORMANCE EVALUATION 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, suitable living environments, and by expanding economic opportunities, specifically for low- and moderate-income persons. The City of Tustin’s CDBG grant award for the 2022-23 program year is anticipated to be approximately $800,000 based on the prior year funding allocation provided by the federal Department of Housing and Urban Development (HUD).
Pursuant to CDBG program regulations, to carry out the program, the City will need to have at least two public hearings. One hearing is conducted during the preparation of the Action Plan, and another for the adoption of the Action Plan. This is the first public hearing, with the purpose to inform interested citizens about the CDBG program, obtain citizens’ views on CDBG priorities, and to provide a report on the performance of the eleven (11) current year public service CDBG fund subrecipients (also known as nonprofit subrecipients).
Recommendation:
That the City Council:
1. Hold the first required public hearing to receive public input and testimony; and,
2. Review the current Consolidated Plan priorities and consider non-profit subrecipient's performance evaluations, and approve continued funding for Year 3.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, March 15, 2022 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m.