HomeMy WebLinkAboutCC MINUTES 12.21.21 DocuSign Envelope ID: DD820812-3A93-430E-9460-550DC06B45B5
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)
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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
Pro erty 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.
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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.
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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
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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
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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.
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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
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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
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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.
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City Council December 21, 2021
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