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Home My WebLink About00 CC AGENDA 12.01.20 CITY OF TUSTIN REGULAR DECEMBER 1, 2020 MEETING OF THE CITY COUNCIL VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Charles E. Puckett, Council Member Dr. Allan Bernstein, Mayor Matthew S. West, City Manager Barry W. Cooper, Council Member Erica N.Yasuda, City Clerk Austin Lumbard, Council Member 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=upcoming 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. City Council December 1, 2020 Meeting Agenda Page 1 of 5 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. CLOSED SESSION MEETING —4:30 p.m. CALL TO ORDER —#2488 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: 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) REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER —#2488 INVOCATION AND PLEDGE OF ALLEGIANCE — Mayor Dr. Allan Bernstein 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. City Council December 1, 2020 Meeting Agenda Page 2 of 5 PRESENTATIONS — o Recognition of Mayor Dr. Allan Bernstein for Years of Service to the Tustin community o Recognition of Council Member Puckett for Years of Service to the Tustin community 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 5) 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 NOVEMBER 17, 2020. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on November 17, 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 $862,945.99, and Demands in the amount of $2,963,432.13. 4. THIRD AMENDMENT TO THE TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT CORNERSTONE I (DDA) WITH FLIGHT PHASE I OWNER LLC Request for authorization to approve the Third Amendment to the Disposition and Development Agreement Cornerstone I (DDA)with Flight Phase I Owner LLC, successor in interest to Flight Venture LLC (formed by the affiliates of Lincoln Property Company Commercial, Inc. (LPCC) and Alcion Capital Strategic III, LLC (Alcion) (Developer) for the FLIGHT office development at Tustin Legacy. This amendment would reduce the City Council December 1, 2020 Meeting Agenda Page 3 of 5 remaining Option term and facilitate conveyance of the FLIGHT Phase 2 property by December 30, 2022, in compliance with the State Surplus Land Act (SLA). The purchase price schedule for Phase 2 will remain unchanged. Recommendation: Authorize the City Manager to execute the Third Amendment to the DDA between Flight Phase I Owner LLC and the City, and any related implementing documents, subject to non-substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 5. HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR 2019- 2020 In accordance with Senate Bill 341's amendments to Health & Safety Code Section ("HSC") 34176.1(f), the Tustin Housing Authority, serving as the Housing Successor Agency to the former Tustin Community Redevelopment Agency, has prepared an annual report for filing with the Tustin Housing Authority Commission and the Tustin City Council. Recommendation: It is recommended the Tustin Housing Authority Commissioners take the following actions: 1 . Receive and file the Housing Successor Agency Annual Report for Fiscal Year ("FY") 2019-2020 and transmit such report to the Tustin City Council. It is recommended the City Council take the following actions: 1. Receive and file the Housing Successor's Annual Report for FY 2019-2020. 2. Direct that a copy of the Housing Successor Agency Annual Report be posted on the City of Tustin's website at www.tustinca.org REGULAR BUSINESS ITEMS 6-7 6. DECLARING RESULTS OF NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION On November 3, 2020, the City's General Municipal Election was held to elect three Members of the City Council and to cast ballots regarding Measure CC. Recommendation: 1 . Adopt Resolution No. 20-77 declaring the results and other such matters as provided by law for the November 3, 2020 General Municipal Election, and 2. To implement the voters' approval of Measure CC at the General Municipal Election on November 3, 2020, adopt Ordinance 1511. City Council December 1, 2020 Meeting Agenda Page 4 of 5 RESOLUTION NO. 20-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2020, AND OTHER SUCH MATTERS AS PROVIDED BY LAW ORDINANCE NO. 1511 AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1303 OF CHAPTER 3 OF ARTICLE 1 OF THE TUSTIN CITY CODE CONCERNING LIMITED COUNCIL COMPENSATION 7. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem for the following year. Recommendation: Pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT City Council December 1, 2020 Meeting Agenda Page 5 of 5