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Home My WebLink About02 CC MINUTES 2.15.22DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097 Agenda Item 2 Reviewed: Ds City Manager Finance Director N/A CITY OF TUSTIN REGULAR FEBRUARY 15, 2022 MEETING OF THE CITY COUNCIL i 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 — #3015 at 5:01 p.m. ATTENDANCE — 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 PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-2 on the Closed Session agenda. 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) City Council February 15, 2022 Meeting Minutes Page 1 of 8 DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097 Recessed at 5:01 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER — #3015 at 6:32 p.m. INVOCATION - Pastor Fred Snider, Grace Harbor Church PLEDGE OF ALLEGIANCE — Council Member Clark PUBLIC INPUT — 1. John Garay PRESENTATION — Mayor Lumbard presented a Proclamation in honor of Black History Month CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. CONSENT CALENDAR ITEMS 1-11 — Mayor Lumbard requested to pull Item No. 11. Council Member Gomez requested to pull Item No. 6. It was moved by Council Member Gomez and seconded by Council Member Clark to pull Items 6 and 11 and approve the balance as recommended by staff. Public Input — None Roll Call Vote — City Clerk 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. City Council February 15, 2022 Meeting Minutes Page 2 of 8 DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 1, 2022. Motion: The City Council approved 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. Motion: The City Council approved 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 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. 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. Motion: The City Council received and filed 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 City Council February 15, 2022 Meeting Minutes Page 3 of 8 DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097 partner from Davis Farr LLP discussed the results of the audit with the Audit Commission on February 3, 2022. It was moved by Council Member Gomez and seconded by Mayor Lumbard to receive and file the fiscal year 2020-2021 audit reports. Roll Call Vote — City Clerk Motion carried: 5-0 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. Motion: Received and filed. 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 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. Motion: The City Council adopted 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. SECOND READING AND ADOPTION OF ORDINANCE NO. 1520 APPROVING 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. City Council February 15, 2022 Meeting Minutes Page 4 of 8 DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097 Motion: The City Council: Had 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 SENATE BILL 619 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 Bill 619 (SB 619) was signed into law allowing local jurisdictions relief from civil penalties for calendar year 2022. Motion: The City Council adopted 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. RESOLUTION NO. 22-06 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. Public Input — Supervisor Donald P. Wagner It was moved by Mayor Lumbard and seconded by Mayor Pro Tem Cooper to adopt Resolution No. 22-05 committing to eliminate the threat of fentanyl to the Tustin community. City Council February 15, 2022 Meeting Minutes Page 5 of 8 DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097 Roll Call Vote — City Clerk Motion carried: 5-0 RESOLUTION NO. 22-05 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 Director of Finance provided a PowerPoint presentation. 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%. Public Input — None It was moved by Mayor Lumbard and seconded by Council Member Clark to approve the following: 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); 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. Roll Call Vote — City Clerk Motion carried: 5-0 City Council February 15, 2022 Meeting Minutes Page 6 of 8 DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097 OTHER BUSINESS/CITY MANAGER REPORT City Manager Matthew S. West Extended condolences to Mayor Pro Tem Cooper and his family. City Attorney David E. Kendig Extended condolences to Mayor Pro Tem Cooper and his family. COUNCILMEMBER COMMENTS AND REPORTS Council Member Clark Reported she met with the 2022 Miss Tustin Scholarship Program participants; attended the program when she was a senior in high school; enjoyed speaking with the participants; announced the Miss Tustin event will be held in March. Wished everyone a Happy Lunar New Year and Happy Black History Month. Council Member Gallagher February 2 Attended the Orange County Sanitation District (OCSD) Operations committee meeting. February 12 Attended a walk through at the Landing project at the Tustin Legacy across from Amalfi and The District; was very impressed with the project; encouraged anyone looking for a new home to keep an eye out for the new model homes being built; excited to see how the layouts are adapting to changing families; congratulated Director of Economic Development, Chris Koster and his staff for being very instrumental in the project's development; announced the project is looking very exciting. Council Member Gomez Attended the Tustin Area Senior Center Annual Fund meeting; the following items were discussed: • Reviewed the Senior Center's mission, financials, its various programs, and the many adjustments made over the past year due to the Coronavirus pandemic; • The new bingo board is estimated to increase participation as the Coronavirus cases lower; • Fundraising activities; announced the Community Yard Sale made an increase in revenues for the Senior Center due to its small cost and expenses to operate the event; • Transportation for the Senior Center was lower in the past year due to citizens not being able to go out, many doctor appointments were being held remotely, and no visits were taking place at the Senior Center due to its closure in the Coronavirus City Council February 15, 2022 Meeting Minutes Page 7 of 8 DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097 pandemic; • Family food distributions continue with the support of American Rescue Plan Act funding; • Approval of two projects for the Senior Center, the lobby furniture and the game room floor; the game room floor needed replacement due to the continuous amount of activity; Announced she was glad to support Black History Month with the City's Proclamation. Expressed condolences to Mayor Pro Tem Cooper and his family for the loss of his sister. Mayor Pro Tem Cooper Thanked Mayor Lumbard and Council Members for their kind words and yielded any further report. Mayor Lumbard February 10 Attended the Transportation Corridor Agencies (TCA) Board of Directors meeting; discussed the first draft of the strategic plan for the next seven years; included paying down debts and potentially wrapping up the agency by giving the toll roads over to the State of California. February 11 Met with the Association of California Cities, Orange County (ACC -OC) leadership to talk about their organization; announced will bring further information to the City Council at a later date. Announced was appointed to Orange County Fire Authority's (OCFA) Budget and Finance Committee; thanked Vice Chair, Michele Steggell for the appointment; stated OCFA is an important safety agency for Orange County. ADJOURNED IN MEMORY OF MAYOR PRO TEM COOPER'S SISTER WHITNEY ADJOURNED at 7:12 p.m. 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 Minutes Page 8 of 8