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
APRIL 19, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC INPUT - COMMUNITY HEALTH INITIATIVE OF ORANGE COUNTY (ITEM 7) PUBLIC INPUT - PENNY LAMBRIGHT, PATRIOTS AND PAWS (ITEM 7) PUBLIC INPUT - ROBIN WILLIAMS, VETERANS LEGAL INSTITUTE (ITEM 7) PUBLIC INPUT - DAVE LUGO, MOMS ORANGE COUNTY (ITEM 7)
PUBLIC INPUT - IRENE MARTINEZ, MEALS ON WHEELS (ITEM 7) PUBLIC INPUT - YMCA OF ORANGE COUNTY (ITEM 7)
PUBLIC INPUT - YMCA OF ORANGE COUNTY (2) (ITEM 7)
PUBLIC INPUT - JOEY GARRIDO, FAMILIES FORWARD (ITEM 7)
PUBLIC INPUT - FAMILIES FORWARD (ITEM 7)
PRESENTATION - ITEM 7
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
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.
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 $905,864.36 and Demands in the amount of $3,259,115.69.
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. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, CIP NO. 70021 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).
AGENDA REPORT
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.
AGENDA REPORT
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 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
AGENDA REPORT
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.