HomeMy WebLinkAbout02 CC MINUTES 2.16.21DocuSign Envelope ID: E73BD1 31 -133E7-41 C2-8131 0-02CC97182709
CITY 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
Agenda Item 2
Reviewed: LL5W
City Manager
Finance Director N/A
FEBRUARY 16, 2021
VIDEO CONFERENCE
Letitia Clark, Mayor Matthew S. West, City Manager
Erica N.Yasuda, City Clerk
David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING
4:30 p.m.
CALL TO ORDER — #2492 at 4:30 p.m.
ATTENDANCE —
Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council
Members Barry W. Cooper, Ryan Gallagher and Rebecca Gomez
Absent: None
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager
PUBLIC INPUT— None
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
City Council February 16, 2021
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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
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #2492 at 5:37 p.m.
PLEDGE OF ALLEGIANCE — Council Member Gallagher
PUBLIC INPUT— None
PRESENTATION -
The Honorable Al Murray presented a Proclamation Recognizing Black History Month on
behalf of Orange County Third District Supervisor Donald P. Wagner.
CLOSED SESSION REPORT— City Attorney David E. Kendig: The Council took no reportable
action but will reconvene after Open Session.
Due to technical difficulties with the video streaming, the City Council recessed to Closed
Session at 6:05 p.m.
Reconvened in Open Session at 7:16 p.m.
CONSENT CALENDAR ITEMS 1-8 —
Mayor Clark noted for the record that revised pages 2-44 for Item No. 6 were distributed to
the Council.
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gallagher to
approve the Consent Calendar as recommended by staff.
Roll Call Vote — City Clerk
City Council February 16, 2021
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Motion carried: 5-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: The City Council waived 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.
Motion: The City Council approved 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.
Motion: The City Council approved 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.
Motion: The City Council adopted 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.
Motion: The City Council received and filed the fiscal year 2019/20 audit reports.
City Council February 16, 2021
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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
Motion: The City Council received and filed.
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).
Motion: The City Council took the following actions:
1. Received and filed 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. Directed 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. Adopted 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.
Motion: The City Council:
1. Adopted 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
City Council February 16, 2021
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2. Appropriated $400,000 from the Measure M2 Fund (Fund139) 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
Public Hearing opened at 7:18 p.m.
Director of Community Development Justina Willkom provided a PowerPoint
presentation.
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 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.
Public Input —
City Council February 16, 2021
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1. Veterans Legal Institute (Distributed to the Council on 2/16)
2. Irene Martinez, Meals on Wheels (Distributed to the Council on 2/16)
It was moved by Council Member Gallagher and seconded by Mayor Pro Tem
Lumbard to approve the following:
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.
Roll call vote — City Clerk
Motion carried: 5-0
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
Director of Community Development Justina Willkom provided a PowerPoint
presentation.
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
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.
The City Council unanimously received and filed the report.
11. ENHANCING PUBLIC INPUT DURING CITY COUNCIL MEETINGS
Mayor Clark announced as part of her goal to enhance community engagement, staff
has been exploring opportunities for the public to engage with the City Council during
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public meetings, while continuing to be mindful of the health and safety of the
community during the ongoing pandemic. As a result, at the March 2, 2021 City
Council meeting and going forward, members of the public will have the additional
option to verbally address the Council by joining the Council Meetings through Zoom
Webinar using a computer, smartphone, cell phone or landline. Prior to the meeting,
detailed instructions on how to join the meeting via Zoom Webinar will be noticed on
the City's website, agenda, and social media accounts
The City Council unanimously received and filed the report.
OTHER BUSINESS/CITY MANAGER REPORT
City Attorney David E. Kendig
Reported that during the Closed Session discussions earlier this evening, there were no
reportable actions taken by the City Council.
City Manager Matthew S. West
Announced the Local Reuse Authority Forum regarding the Tustin Legacy will be held on
Tuesday, February 23, 2021 at 4:00 PM; this forum is a status update with the Marine Corps
Air Station (MCAS) base's agencies and property recipients; updates will be given on the
progress of the development at Tustin Legacy; hoping to create a framework for
understanding of the base disposable and property conveyances, with the challenges and
opportunities at the Tustin Legacy; this will be the first of multiple public forums to come.
Announced Families Together of Orange County, located on the corner of First Street and
Yorba Street, has information regarding COVID-19 testing and vaccinations; anyone 65
years or older and is a resident of Orange County can get an appointment for a vaccination;
contact Families Together of Orange County directly at (714) 332-6367; this information can
also be found on the City of Tustin website.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
February 3
Attended the Orange County Sanitation District (OCSD) Operations Committee.
February 4
Attended the Orange County Sanitation District (OCSD) Special Board of Directors meeting,
Board Orientation.
Requested a discussion on the revitalization of Old Town Tustin and would like to see
progress on this topic on a future agenda; asked if other Council Members had any interest
with this action.
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Mayor Clark
Agreed to have an Old Town Tustin item be a part of a larger agenda item at a future
meeting; asked to discuss the timeline further with city staff and have it addressed
accordingly.
City Manager Matthew S. West
Requested clarification on the timeline needed to have a discussion on Old Town Tustin;
stated city staff does have project ideas which will be put into next year's CIP budget; stated
city staff can also report on ideas and projects to start a conversation on the Old Town
Tustin topic.
Mayor Clark
Suggested that the next time the Emergency Renewal Order item is on the agenda, certain
provisions can be outlined in the report for the Old Town Tustin area.
City Manager Matthew S. West
Proposed an alternative; in March, city staff will be reporting on the mid -year Strategic Plan
and outlining goal setting which is anticipated to begin in April; it is anticipated to have the
Old Town Tustin discussion at that time.
Mayor Clark
Indicated that staff will follow up on this request.
Council Member Gomez
Recognized and congratulated the City of Tustin's Finance Department for their 2019
Certificate of Achievement for their Excellence in Financial Reporting; with this year's audit,
the Finance Department will meet the program requirements for 2020; this will be the 33rd
year in a row for the Finance Department to receive this honor.
Council Member Cooper
Thanked Council Member Gallagher for bringing up the Old Town Tustin item for future
discussion; is in favor of having a discussion.
Mayor Pro Tem Lumbard
Agreed to have an open dialogue about the Old Town Tustin item at a future meeting.
February 3
Attended the second of three workshops for the Santa Ana Watershed Ambassador
Program.
City Council February 16, 2021
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February 4
Attended the Orange County Sanitation District (OCSD) Special Board of Directors meeting,
Board Orientation with Council Member Gallagher.
February 11
Attended the Transportation Corridor Agencies (TCA) Joint Meeting of the Boards of
Directors on the Foothill Eastern Board; reported on TCA refinancing bonds through lower
interest rates and high credit ratings; the board was able to realize $214 million in bond
payment savings; congratulated TCA for recognizing these savings.
Expressed a Happy belated President's Day to everyone.
Mayor Clark
Thanked Council Members for their reports.
Announced over the last few weeks created film content with CBNTV courtesy of Council
Member Diedre Thu -Ha Nguyen of Garden Grove; was invited as one of the several elected
officials from all over the county to be apart of the film; Happy Lunar New Year to the Asian
Americans/Pacific Islanders (AAPI) community.
February 10
Participated on a panel for United Way on Black History Month called Cultures United.
February 15
Attended a taping for the Future of Diversity at the Orange County Forum; goes live on
February 18, 2021; served as the moderator; which was a follow up to a past discussion
she was a part of as a moderator called The Future of Race Relations, Bobby McDonald
will present the results from the survey in conjunction with California State University,
Fullerton about the equity and diversity needs in Orange County; encouraged everyone to
tune in.
Congratulated Families Together of Orange County for administering over 4,000 COVID-19
vaccinations; those that meet the requirements for the vaccination do not have to go through
the Othena application to get the vaccine with Families Together of Orange County; call
directly to make an appointment; thanked the Tustin Community Foundation, the Tustin
Senior Center and city staff for working so hard on this and making vaccine administration
a priority.
Announced with the help of city staff, the Orange County Heritage Council, and the Tustin
Community Foundation there will be a food giveaway on Saturday, February 20, 2021;
produce, dairy, and protein will be given away to families in need at Columbus Tustin Middle
School; will be a safe drive through event.
ADJOURNED at 8:01 p.m. 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
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