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Home My WebLink About00 CC AGENDA 12.21.21 CITY OF TUSTIN REGULAR DECEMBER 21, 2021 MEETING OF THE CITY COUNCIL . 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER AND VIDEO CONFERENCE Barry W. Cooper, Mayor Pro Tem Letitia Clark, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Ryan Gallagher, Council Member Erica N.Yasuda, City Clerk Rebecca Gomez, Council Member David E. Kendig, City Attorney NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851 . To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcode below. Meeting ID: 940 8640 1921 Passcode: 600222 Please provide your name in the Zoom application to allow the City Clerk to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial City Council December 21, 2021 Meeting Agenda Page 1 of 8 669-900-6833. When prompted use the below Meeting ID and Passcode. Meeting ID: 940 8640 1921 Passcode: 600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call-in users can unmute and mute their phones by pressing *6. Call-in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM 1 . Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. 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. 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. Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to Government Code section 54957.5, non-exempt public records that relate to one or more open session agenda items and that are distributed to a majority of the City Council less than seventy-two (72) hours prior to the meeting will be available for public inspection on the electronic posting board located at 300 Centennial Way, Tustin, CA 92780. City Council December 21, 2021 Meeting Agenda Page 2 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3012 ATTENDANCE — City Clerk PUBLIC INPUT — Members of the public may offer comments in writing, in person or electronically 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): (1 case) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 3. CONFERENCE WITH LABOR NEGOTIATOR — pursuant to Government Code § 54957.6: (1 case) A. Unrepresented employee: City Manager, Matthew S. West Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property APN 430-371-20, 22, 25, 26, 40, 59, 60, 61 , 67, 68 Address/Description and portions of 430-371-39, 56, 57, 58 and 77 Agency Cit of Tustin City Negotiators Matthew S West, City Manager and Christopher Koster, Director of Economic Development Negotiating Parties Parke Miller, Executive Vice President, Lincoln Property Company Commercial Inc. Under Negotiation Price and Terms of Payment City Council December 21, 2021 Meeting Agenda Page 3 of 8 REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER — #3012 INVOCATION — Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE — Council Member Gomez 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 through 10) 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 DECEMBER 7, 2021 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 7, 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 December 21, 2021 Meeting Agenda Page 4 of 8 Recommendation: It is recommended that the City Council approve Payroll in the amount of $957,496.18; and Demands in the amount of $6,666,286.97. 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. 5. 2022 LOCAL APPOINTMENTS LIST Prior to December 31 st of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission/Committee vacancies for the upcoming year. Recommendation: Approve the 2022 Local Appointments List for the Planning Commission, Community Services Commission, Audit Commission, Building Board of Appeals and Public Art Committee and post notice as required by law. 6. EXCLUSIVE NEGOTIATING AGREEMENT WITH LINCOLN PROPERTY COMPANY COMMERCIAL, INC. FOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREAS 3, 7113 AND 8 Request for authorization to enter into an Exclusive Negotiating Agreement (ENA) with Lincoln Property Company Commercial, Inc. (Developer) for the disposition and development of portions of Disposition Areas 3, 7B and 8 at Tustin Legacy for office, laboratory, and research and development (R&D) uses. Recommendation: Authorize the City Manager to execute the Exclusive Negotiating Agreement between the City and Developer. 7. AMENDMENT NO. 12 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS INC FOR PROPERTY MANAGEMENT/CARETAKER SERVICES AT TUSTIN LEGACY Amendment to existing Consultant Services Agreement (CSA)with So Cal Sandbags Inc that incorporates the Navy owned Reuse Parcel 18 site into the property management and caretaker Tustin Legacy service area and updates total budget. City Council December 21, 2021 Meeting Agenda Page 5 of 8 Recommendation: Authorize the City Manager to execute Amendment No. 12 to the CSA with So Cal Sandbags Inc. 8. SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH BROOKFIELD HOMES SOUTHERN CALIFORNIA LLC, FOR DISPOSITION PACKAGE 2C AND 8 AT TUSTIN LEGACY Request for authorization to approve the Second Amendment to the Disposition and Development Agreement (DDA) with Brookfield Homes Southern California LLC (Brookfield) for portions of disposition parcels 2c and 8 for the development of a for- sale residential community consisting of 400 homes on approximately 25.4 net acres at Tustin Legacy. The project, called "The Landing", consists of three home types: single-family detached homes (Circ), townhomes (Luna), and flats (Terra). Brookfield is seeking City approval to create single purpose entities for each of the three home types for the purposes of construction, marketing and sales. This would involve transfer of the homesites by type to the three single purpose entities (Builder Transferees) which are wholly owned affiliates of Brookfield. All obligations under the DDA would remain unchanged and both Brookfield and the Builder Transferees would be jointly and severally liable for the terms of the agreement and Brookfield is not released from such obligations and required performance under the DDA. Recommendation: Authorize the City Manager to execute the Second Amendment to the DDA between Brookfield and the City, and any related implementing documents, subject to nonsubstantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 9. ADOPT RESOLUTION NO. 21-108 TO JOIN NATIONAL OPIOID SETTLEMENT AGREEMENT Consider whether to participate in the national settlement regarding opioids. Recommendation: Staff recommends that the City Council: 1 . Adopt Resolution No. 21-108 approving participation in the national opioid settlement and, 2. Authorize the City Manager to take all necessary and reasonable actions to effectuate the City's participation, including executing all necessary agreements and documents subject to the review and approval of the City Attorney. RESOLUTION NO. 21-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PARTICIPATION IN THE NATIONAL OPIOID SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS City Council December 21, 2021 Meeting Agenda Page 6 of 8 10. 2022 MAYORAL APPOINTMENTS TO COMMITTEES AND ADOPTION OF RESOLUTION NO. 21-107, DESIGNATING AND APPOINTING A REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY BOARD OF DIRECTORS Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and Regional committees. Recommendation: 1 . Confirm the attached appointments as recommended by the Mayor; 2. Adopt Resolution No. 21-107, designating and appointing a representative to the Orange County Fire Authority Board of Directors; and 3. Adopt FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City's website. RESOLUTION NO. 21-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS REGULAR BUSINESS ITEM 11 11. SENATE BILL 9 AND SENATE BILL 10 OVERVIEW The City Attorney's Office will provide a presentation that summarizes the key bill provisions. Senate Bill (SB) 9 creates opportunities for greater infill housing density by requiring cities to ministerially approve certain housing development projects containing up to two (2) residential units on single-family zoned parcels, without discretionary review or a hearing. SB 10 creates a voluntary process for cities to access a streamlined zoning process for new multi-unit housing. The SB 10 bill authorizes cities to adopt an ordinance increasing density to allow up to ten (10) dwelling units on any parcel, at a height specified in the ordinance if the parcel is in a transit-rich area or an urban infill site as defined. In January/February, staff will bring forward a Draft Ordinance for the implementation of SB 9 before the Planning Commission and then to the City Council for consideration and adoption. The Draft Ordinance would include provisions and development standards to ensure additional housing units will be built in an orderly manner. With respect to SB 10, no action is proposed in the near future. However, staff will continue to monitor and evaluate SB 10 for any potential impacts and/or opportunities. Recommendation: That the City Council receive and file the report. City Council December 21, 2021 Meeting Agenda Page 7 of 8 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, January 18, 2022 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. City Council December 21, 2021 Meeting Agenda Page 8 of 8