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Home My WebLink About02 CC MINUTES 12.21.21 AND 1.18.22 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B Agenda Item 2 Reviewed: DS City Manager Finance Director N/A 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 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3012 at 5:00 p.m. ATTENDANCE — City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tem Barry W. Cooper and Council Members Letitia Clark and Ryan Gallagher Absent: Council Member Rebecca Gomez City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT— None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will meet to discuss Items 3-4 on the Closed Session agenda, including conference with its labor negotiators Derick Yasuda and David Kendig and real property negotiators Chris Koster and Matthew West. 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) City Council December 21, 2021 Meeting Minutes Page 1 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B 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 Recessed to Closed Session at 5:01 p.m. Council Member Gomez arrived at 5:40 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER — #3012 at 6:32 p.m. INVOCATION — Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE — Council Member Gomez PUBLIC INPUT— None CLOSED SESSION REPORT— City Attorney David E. Kendig: The Council gave direction to its labor negotiators. The Council took no reportable action. City Council December 21, 2021 Meeting Minutes Page 2 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B CONSENT CALENDAR ITEMS 1-10 — Public Input— None It was moved by Council Member Clark and seconded by Mayor Pro Tem Cooper to approve the Consent Calendar as recommended by staff. 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 declared 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 Motion: The City Council approved 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. Motion: The City Council approved 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. Motion: Made 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. City Council December 21, 2021 Meeting Minutes Page 3 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B 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. Motion: Approved 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, 713 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. Motion: Authorized 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. Motion: Authorized 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 City Council December 21, 2021 Meeting Minutes Page 4 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B 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. Motion: Authorized 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. Motion: The City Council: 1 . Adopted Resolution No. 21-108 approving participation in the national opioid settlement and, 2. Authorized 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 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. Motion: 1 . Confirmed the attached appointments as recommended by the Mayor; 2. Adopted Resolution No. 21-107, designating and appointing a representative to the Orange County Fire Authority Board of Directors; and 3. Adopted FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City's website. City Council December 21, 2021 Meeting Minutes Page 5 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B 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 Deputy City Attorney Michael Daudt provided a PowerPoint presentation. 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. Public Input — 1 . Neil Sherman submitted an e-comment 2. John Garay The City Council received and filed the report. OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Highlighted a lot was accomplished this year by the City Council and staff; announced how proud he is of City staff, City Council and the City Commissions; is optimistic for the 2022 New Year; encouraged everyone to take the holidays to recharge and prepare for the New Year. Wished everyone Happy Holidays. City Council December 21, 2021 Meeting Minutes Page 6 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B City Attorney David E. Kendig Wished everyone Happy Holidays and Happy New Year. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gallagher Announced it was a great year and is optimistic for the 2022 New Year. December 10 Attended the City of Tustin Christmas Tree Lighting Ceremony; had a great time; thanked all City staff for putting on the event. December 15 Attended the Orange County Sanitation District Board meeting. Wished everyone a safe Merry Christmas and Happy Holidays; looks forward to a prosperous 2022 New Year. Council Member Clark December 10 Attended the City of Tustin Christmas Tree Lighting Ceremony; thanked City staff for a wonderful job putting on the event, was great to see everyone out celebrating; had an amazing time. December 16 Attended the Orange County Fire Authority Special Joint Board meeting; announced the board renewed the allowance of members to meet via Zoom during the Coronavirus variant outbreak. December 18 Attended the Families Together of Orange County annual Christmas Together gift giveaway event at the Honda Center; announced Families Together of Orange County gave 20,000 toys away, was quite the event for the communities in Orange County. Announced is hopeful and optimistic for the 2022 New Year; stated it is easy to feel despair with the Coronavirus pandemic, job loss, and economic recovery; encouraged everyone to be hopeful for the New Year. Wished everyone a Merry Christmas, Happy Hanukkah, Happy Kwanzaa, and Happy New Year. Announced is looking forward to Mayor Lumbard and Mayor Pro Tem Cooper's leadership in the 2022 New Year; praised everyone for a greatjob this year and looks forward to serving everyone next year. Council Member Gomez City Council December 21, 2021 Meeting Minutes Page 7 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B December 10 Attended the City of Tustin Christmas Tree Lighting Ceremony; praised City staff for all the effort put into the event; was a nice event; announced it was great to see families getting out and enjoying themselves. December 16 Attended the Orange County Vector and Mosquito Control Board meeting; announced the Board approved the warrants and financials for last month; reviewed the audited financial statements; updated the emergency operations plan; staff presentations were given on vector activity and outreach; reported was routine business and an update meeting. December 18 Attended the Families Together of Orange County annual Christmas Together gift giveaway event; reported 20,000 toys were given out; stated a lot of people were in attendance; acknowledged Families Together of Orange County for their efforts on a great event. Wished everyone Happy Holidays. Thanked the City staff and all the volunteers; announced volunteers are sometimes overlooked, but they are the ones that make the City and its events great. Encouraged everyone to stay safe and enjoy their holidays; is looking forward to 2022. Mayor Pro Tem Cooper Announced attended the same events as Council colleagues. December 18 Attended the Families Together of Orange County annual Christmas Together gift giveaway event; thanked Families Together of Orange County Director of Business Development, Soledad Rivera, Chief Executive Officer, Alexander Rossel and all the volunteers for a job well-done; stated was the largest single event he has attended in Orange County; reported more than 700 volunteers with over 30,000 people were in attendance; announced several vendors were in attendance, including Costco and several pizza restaurants; was humbling to see the community come together; was a wonderful massive event; encouraged the City to host this event next year, if space permits; thanked Families Together of Orange County for all their preparation and execution during the Coronavirus pandemic. Mayor Lumbard December 9 and 10 Attended the Joint Transportation Corridor Agencies (TCA) Board Strategic Planning Workshop; reported the Board gave feedback to TCA staff to pay down outstanding debts; reported TCA has saved over 400 million dollars in debt repayment interest on refinancing bonds; announced consistent feedback was to paydown the debt, take the tolls away and give the system back to Caltrans; announced the Board has seen a shift in the past five to City Council December 21, 2021 Meeting Minutes Page 8 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B six years from tolling being a long term plan to moving away from tolls. December 16 Attended the Airport Land Use Commission meeting; discussed Garden Grove and Fullerton's Housing Element Updates; stated Tustin did a great job on its Housing Element Update, announced many cities are struggling with SB9 and SB10 housing requirements; appreciated Deputy City Attorney, Michael Daudt's presentation on how Tustin is doing what it can to address these state laws. Wished everyone a Merry Christmas. ADJOURNED at 7:06 p.m. 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 Minutes Page 9 of 9 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B Agenda Item 2 Reviewed: IL City Manager Finance Director N/A CITY OF TUSTIN REGULAR JANUARY 18, 2022 MEETING OF THE CITY COUNCIL , 300 CENTENNIAL WAY, TUSTIN 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 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. The City Clerk announced the Closed Session Meeting was cancelled. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER — #3013 at 6:33 p.m. ROLL CALL - City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tem Barry W. Cooper and Council Members Letitia Clark, 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 INVOCATION - Pastor Fred Snider, Grace Harbor Church PLEDGE OF ALLEGIANCE — Mayor Lumbard PUBLIC INPUT— None CONSENT CALENDAR ITEM 1 — PUBLIC INPUT FOR CONSENT CALENDAR ITEM — None It was moved by Council Member Gallagher and seconded by Council Member Clark to City Council January 18, 2022 Meeting Minutes Page 1 of 2 DocuSign Envelope ID: BEEAB75A-8508-4310-BF6D-8D90EB180C2B approve the consent calendar as recommended by staff. Motion carried: 5-0 1. 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. Motion: Made 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. ADJOURNED at 6:37 p.m. The next meeting is scheduled on Tuesday, February 1 , 2022 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. City Council January 18, 2022 Meeting Minutes Page 2 of 2