CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Barry W. Cooper, Mayor Pro Tem
Letitia Clark, Councilmember
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Austin Lumbard, Mayor
FEBRUARY 15, 2022
VIDEO CONFERENCE
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 12
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
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.
AGENDA REPORT
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.
AGENDA REPORT
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.
AGENDA REPORT
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.
AGENDA 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.
AGENDA REPORT
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.
AGENDA REPORT
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.
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
AGENDA REPORT
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.
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).
AGENDA REPORT
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.
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.
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
AGENDA REPORT
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.
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
AGENDA REPORT
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);
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.
Agenda Report
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.