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Home My WebLink About00 CC AGENDA 2.15.22CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL +r Barry W. Cooper, Mayor Pro Tem Letitia Clark, Council Member Ryan Gallagher, Council Member Rebecca Gomez, Council Member FEBRUARY 15, 2022 VIDEO CONFERENCE Austin Lumbard, Mayor Matthew S. West, City Manager Erica N.Yasuda, City Clerk David E. Kendig, City Attorney NOTICE REGARDING PUBLIC PARTICIPATION In light of the recent surge in the spread of COVID-19, the February 15, 2022, meeting of the City Council will be conducted electronically, and the public will not be able to attend in person. Instead, the public may observe the meeting online, attend and provide real-time comments via Zoom, and provide written comments via electronic means as described below. 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 participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to verbally address the City Council during a public meeting should electronically submit a Request to Speak form by clicking here. Submitting this form prior to the meeting will allow the City Clerk to identify who would like to speak during the correct item on the agenda. Please note: You are not required to provide your name, however please provide the screen name or phone number you will use to join the meeting. By joining the meeting, you will be able to speak but your video will not be enabled. Please see further instructions below. ASSISTANCE DURING THE MEETING If you have any questions or need assistance during the meeting, please contact City Clerk's Office by e -mailing cityclerk tustinca.org. 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 City Council February 15, 2022 Meeting Agenda Page 1 of 8 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 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 PRIOR TO AND DURING THE MEETING 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 City Council February 15, 2022 Meeting Agenda Page 2 of 8 d. Comments on matters that are not on the agenda maybe 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. CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER — #3015 ATTENDANCE — City Clerk PUBLIC INPUT — Members of the public may offer comments in writing or 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): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER — #3015 City Council February 15, 2022 Meeting Agenda Page 3 of 8 INVOCATION - Pastor Fred Snider, Grace Harbor Church PLEDGE OF ALLEGIANCE — Council Member Clark 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. PRESENTATION — Black History Month Proclamation 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 - 11) 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 1, 2022. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 1, 2022. 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $914,499.51; and Demands in the amount of $6,784,416.92. 4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS City Council February 15, 2022 Meeting Agenda Page 4 of 8 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. ANNUAL REPORT AND 2022 WORK PROGRAM — PLANNING COMMISSION ACTING AS HISTORIC AND CULTURAL RESOURCES ADVISOR TO THE CITY COUNCIL This report provides the City Council with the required Annual Report summarizing the accomplishments and actions taken by the Planning Commission, acting as Historic and Cultural Resources Advisor, during the 2021 calendar year and reviews the HCRA's adopted 2022 Work Program. Recommendation: That the City Council receive and file the report. 6. FISCAL YEAR 2020-2021 AUDIT REPORTS The financial statement audit for the 2020-2021 fiscal year has been completed by Davis Farr LLP, which reflects an "unmodified", or clean opinion that the City's financial statements for the fiscal year are presented fairly. Jennifer Farr, the audit partner from Davis Farr LLP discussed the results of the audit with the Audit Commission on February 3, 2022. Recommendation: It is recommended that the City Council receive and file the fiscal year 2020-2021 audit reports. 7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING DECEMBER 31, 2021 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 certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 8. ADOPT RESOLUTION NO. 22-07 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2022-2023 City Council February 15, 2022 Meeting Agenda Page 5 of 8 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 22-07 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2022-2023. Recommendation: It is recommended that the City Council adopt Resolution No. 22-07 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2022-2023. RESOLUTION NO. 22-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2022-2023 ��+9�[��1►11204_111l►Lrl_V 1D7,1319121191,;KOI; E61:11]li•/_L[y DEVELOPMENT AGREEMENT 2021-0003 (FIRST AMENDMENT TO TUSTIN LEGACY CORNERSTONE I DEVELOPMENT AGREEMENT) Adoption of Ordinance No. 1520 approves Development Agreement (DA) 2021- 0003, the first amendment to the Original DA to terminate Phase 1 and the Phase 1 Parcel from the DA and to modify certain provisions of the Phase 2 development consistent with the 3rd Amendment to the Disposition and Development Agreement (DDA) approved by the City Council on December 1, 2020. Recommendation: That the City Council: Have second reading by title only and adoption of Ordinance No. 1520. ORDINANCE NO. 1520 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2021-0003 BETWEEN THE CITY OF TUSTIN AND FLIGHT PHASE I OWNER, LLC. TO ALLOW AN AMENDMENT TO THE TUSTIN LEGACY CORNERSTONE DEVELOPMENT AGREEMENT (DA 2016- 0001) FOR THE CREATIVE OFFICE CAMPUS DEVELOPMENT KNOWN AS "THE FLIGHT AT TUSTIN LEGACY" LOCATED WITHIN A PORTION OF PLANNING AREA 9-12 OF THE TUSTIN LEGACY SPECIFIC PLAN (SP -1). 10. ADOPT RESOLUTION 22-06 AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH THE SB 1383 REGULATIONS PURSUANT TO M=llzrr� f�sTiF'7 Senate Bill 1383 (SB 1383) was signed into law in September 2016 setting statewide methane reduction targets, although regulations were not finalized until November 2020. The targets include requirements to reduce organic waste sent to landfills and rescue edible food. These requirements were effective on January 1, 2022. In light of the challenges facing local jurisdictions due to the COVID-19 pandemic, Senate City Council February 15, 2022 Meeting Agenda Page 6 of 8 Bill 619 (SB 619) was signed into law allowing local jurisdictions relief from civil penalties for calendar year 2022. Recommendation: That the City Council adopt Resolution 22-06 authorizing the submittal of a Notification of Intent to Comply with Senate Bill 1383 to the California Department of Resources Recycling and Recovery (CalRecycle), pursuant to Senate Bill 619. ISol=01ItolII L1►[o]W,01I01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH CALRECYCLE IN COMPLIANCE WITH SB 619 11. CONSIDERATION OF ADOPTION OF RESOLUTION NO. 22-05 COMMITTING TO ELIMINATE THE THREAT OF FENTANYL TO THE TUSTIN COMMUNITY The increasing prevalence of fentanyl poses a significant public health and safety risk to the Tustin community. The City of Tustin commits to devoting resources to the interdiction of narcotics, holding accountable drug traffickers, and raising public awareness about the dangers of drug use. Recommendation: Adopt Resolution No. 22-05 committing to eliminate the threat of fentanyl to the Tustin community. IV4:to] ItojIEel 0101[elW,P41M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, COMMITTING TO ELIMINATE THE THREAT OF FENTANYL TO THE TUSTIN COMMUNITY REGULAR BUSINESS ITEM 12 12. MID -YEAR BUDGET REVIEW FOR FISCAL YEAR 2021-2022 This report provides the City Council with a Mid -Year Budget Review of Fiscal Year 2021-2022, which projects General Fund operating revenues to be $5.9 million higher than the adopted budget and General Fund operating expenditures to be $1.1 million higher than the amended budget; and projects General Fund Reserves of $27.3 million at June 30, 2022 (or 35% of General Fund operating expenditures) which exceeds the City Council's minimum reserve policy of 20%. Recommendation: Staff recommends that the City Council: 1. Authorize an increase to the amended budget for General Fund revenues by $5,914,137 based on the projected amounts reflected within this report; 2. Authorize an increase to General Fund appropriations for attorney services ($90,000), public works ($183,827), police services ($924,325), and non - departmental ($73,733); City Council February 15, 2022 Meeting Agenda Page 7 of 8 3. Authorize supplemental appropriations for capital projects outlined within this report; 4. Authorize a transfer of $2,000,000 from the Land Proceeds Fund (Fund 189) to the City's Pension Trust Fund held by PARS; and, 5. Accept $118,417 from the State Water Resources Control Board and authorize staff to allocate funds as bill credits to eligible residential and commercial water customer accounts per the guidelines outlined in the California Water and Wastewater Arrearage Payment Program. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, March 1, 2022 for the Closed Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m. City Council February 15, 2022 Meeting Agenda Page 8 of 8