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Home My WebLink About00 CC AGENDA 2.16.21CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council Member Rebecca Gomez, Council Member Ryan Gallagher, Council Member FEBRUARY 16, 2021 VIDEO CONFERENCE Letitia Clark, 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.granicusideas.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 February 16, 2021 Meeting Agenda Page 1 of 7 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 — #2492 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) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(d)(1): (5 cases) A. Paola Fuentes -Ortega vs. City Of Tustin, City Of Santa Ana, Michael Carter; Case No. 30-2019-01055803 B. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No. 30-2020-01161134 C. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE D. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court Case No. 30-2019-01113056-CU-PT-CXC E. Orange County Water District et al v. 3M Company, et al, Orange County Superior Court Case Number 30-2020-01172419-CU-PL-CXC City Council February 16, 2021 Meeting Agenda Page 2 of 7 REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2492 PLEDGE OF ALLEGIANCE — Council Member Gallagher 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. PRESENTATION - • Resolution Recognizing Black History Month Presented by Orange County Third District Supervisor Donald P. Wagner 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 8) 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 2, 2021. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 2, 2021. 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. City Council February 16, 2021 Meeting Agenda Page 3 of 7 Recommendation: It is recommended that the City Council approve Payroll in the amount of $822,046.26 and Demands in the amount of $4,590,725.34. 4. ADOPTION OF THE 2021 INVESTMENT POLICY The City's Investment Policy is reviewed on an annual basis for submission and approval by the City Council. The Investment Sub -Committee and Audit Commission have reviewed the proposed changes to the Investment Policy and recommend that the City Council adopt the Investment Policy for Calendar Year 2021. Recommendation: It is recommended that the City Council adopt the City's Investment Policy for Calendar Year 2021, which includes proposed changes to the Investment Policy that continues to provide for safety and liquidity while achieving a reasonable rate of return. 5. FISCAL YEAR 2019/20 AUDIT REPORTS The financial statement audit for the 2019/20 fiscal year has been completed by Clifton Larson Allen (CLA) LLP, which reflects an "unmodified", or clean, opinion that the City's financial statements for the fiscal year are presented fairly. Nitin Patel, the audit partner from CLA discussed the results of the audit with the Audit Commission on January 28, 2021. Recommendation: It is recommended that the City Council receive and file the fiscal year 2019/20 audit reports. 6. QUARTERLY SUCCESSOR AGENCY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT 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 Recommendation: Receive and file. 7. COMMUNITY FACILITIES DISTRICT 18-01 ZONE 2 Approve the implementing documents and resolution related to the annexation of property subject to a Disposition and Development Agreement (DDA) between the City and Brookfield Homes Southern California LLC (Brookfield) into Community Facilities District 2018-01 (CFD 18-01) and designating the property as Zone 2 (CFD 18-01 Zone 2). Recommendation: It is recommended that the City Council take the following actions: City Council February 16, 2021 Meeting Agenda Page 4 of 7 1. Receive and file the unanimous approval of annexation into CFD 18-01 Zone 2 and related matters signed by the City Manager on behalf of the City of Tustin as the property owner. 2. Direct the City Clerk to record a cancellation of the Community Facilities District 13-01 (CFD 13-01) special tax lien for Lots 2, 5, 6, 7, 8, 9 and 10 of Tract 18197. 3. Adopt Resolution 21-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DETERMINING THAT LOTS 2, 5, 6, 7, 8, 9, AND 10 OF TRACT 18197 ARE ANNEXED TO THE CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES), APPROVING A BOUNDARY MAP OF THE ANNEXATION PROPERTY, AND DIRECTING THE CITY CLERK TO RECORD THE BOUNDARY MAP AND NOTICE OF THE SPECIAL TAX LIEN 8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT- ZONE 2, CIP NO. 70020 The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 2 (CIP No. 70020) have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 21-11 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project- Zone 2, (CIP No. 70020), and authorize the City Clerk to advertise to receive bids; and 2. Appropriate $400,000 from the Measure M2 Fund (Fund 139) for sidewalk repairs and $1,450,000 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. 21-11 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 2, CIP NO. 70020 AND AUTHORIZING ADVERTISEMENT FOR BIDS PUBLIC HEARING ITEM 9 9. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENTS PERFORMANCE EVALUATION & 2019-20 ACTION PLAN AMENDMENT 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 City Council February 16, 2021 Meeting Agenda Page 5 of 7 opportunities, specifically for low- and moderate -income persons. The City of Tustin's CDBG grant award for the 2021-22 program year is anticipated to be approximately $850,000 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 receive a report on the performance of the current year public service CDBG fund recipients (also known as non-profit subrecipients). Furthermore, on September 11, 2020, the City of Tustin received a special allocation of $721,854 in CDBG-CV3 funds to its Community Development Block Grant program to be used to prevent, prepare for, and respond to the coronavirus (COVID- 19). This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020. To receive this allocation, HUD requires the City to submit an application in the form of an amendment to the 2019- 20 Action Plan. Recommendation: That the City Council: 1. Hold the first required public hearing to receive public input and testimony; 2. Review the current Consolidated Plan priorities and consider non-profit subrecipient's performance evaluations and approve continued funding for Year 2; and, 3. Adopt City Council Resolution No. 21-08 amending the 2019-20 Action Plan by allocating CDBG-CV3 funding to applicable activities in response to the coronavirus. RESOLUTION NO. 21-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE 2019-20 ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REGULAR BUSINESS ITEMS 10-11 10. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2020 YEAR IN REVIEW Throughout the year, staff provides the City Council with a status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved; major improvement projects; and other items of interest. The Community Development Department's 2020 Year in Review summarizes the Community Development Department's activities throughout 2020 including discretionary permits City Council February 16, 2021 Meeting Agenda Page 6 of 7 processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, Code Enforcement activities, and Building Division activities. Recommendation: That the City Council receive and file the report. 11. ENHANCING PUBLIC INPUT DURING CITY COUNCIL MEETINGS Effective March 2, 2021, members of the public will have the opportunity to verbally address the City Council during public meetings. Recommendation: That the City Council receive and file the report. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, March 2, 2021 for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:30 p.m. City Council February 16, 2021 Meeting Agenda Page 7 of 7