HomeMy WebLinkAbout00 CC AGENDA 04.05.22 CITY OF TUSTIN REGULAR APRIL 5, 2022
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
NOTICE REGARDING PUBLIC PARTICIPATION
To watch the meeting, the public may observe the meeting in person in the Council Chamber
or 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 address the City Council during a public
meeting may attend the meeting in person or join through Zoom. By joining the
meeting through Zoom, you will be able to speak but your video will not be
enabled. Please see further instructions below.
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
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.
City Council April 5, 2022
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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 THROUGH THE E-COMMENT SYSTEM
1 . Proceed to the SpeakUp comment system:
A. To submit an e-comment on an upcoming meeting agenda go to
https://tustin.qranicusideas.com/meetings?scope=upcoming and
select the agenda item.
B. 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
d. Comments on matters that are not on the agenda may be 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.
Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to
Government Code section 54957.5, non-exempt public records that relate to one or more
open session agenda items and that are distributed to a majority of the City Council less
than seventy-two (72) hours prior to the meeting will be available for public inspection on
the electronic posting board located at 300 Centennial Way, Tustin, CA 92780.
City Council April 5, 2022
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CLOSED SESSION MEETING OF THE CITY COUNCIL
5:00 p.m.
CALL TO ORDER — #3018
ATTENDANCE — City Clerk
PUBLIC INPUT — Members of the public may provide comments in writing, in person 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): (1 case)
REGULAR MEETING OF THE CITY COUNCIL
6:30 P.M.
CALL TO ORDER — #3018
INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church
PLEDGE OF ALLEGIANCE — Mayor Lumbard
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 — Recognition of Principal Planner Scott Reekstin
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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 - 10)
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 MARCH 15, 2022.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on March 15, 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 $895,100.93 and $937,954.29; and Demands in the amount of
$7,602,983.15.
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.
City Council April 5, 2022
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5. LEASE AGREEMENT FOR OPERATION OF THE FOOD/BEVERAGE
CONCESSION AT TUSTIN SPORTS PARK
Kathy Gallardo and Rob Stait (dba Best of Friends Cafe) terminated their lease for
the food and beverage concession at Tustin Sports Park, effective February 1 , 2022.
Staff is recommending a new Lease Agreement be entered into with Joel Preciado,
owner of Fabian Grassini Tennis and Sports Inc., dba Bageled.
Recommendation: Staff recommends that the City Council:
1 . Approve a new three (3) year Lease Agreement between Fabian Grassini
Tennis and Sports Inc. (dba Bageled) and the City of Tustin for the operation
of the food and beverage concession at Tustin Sports Park.
6. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a
summary of state legislative activity.
Recommendation:
1 . Take an OPPOSE UNLESS AMENDED position on AB 2097 (Friedman)
Residential and commercial development: remodeling, renovations, and
additions: parking requirements
2. Take a SUPPORT position on SB 922 (Wiener) California Environmental
Quality Act: exemption: transportation-related projects
3. Receive and file the updated legislative matrix as of March 25
4. Receive and file legislative updates prepared by TPA
7. RESOLUTION MODIFYING THE SCHEDULES OF THE REGULAR MEETINGS OF
THE CITY COUNCIL AND PLANNING COMMISSION
Consider revising the schedule of the regular meetings of the Tustin City Council and
Planning Commission such that closed session regular meetings would commence
at 5:30 p.m., and open session regular meetings would commence at 7:00 p.m.
Recommendation: That the City Council adopt Resolution Number 22-14 approving
modified schedules of the regular meetings of the City Council and the Planning
Commission in the form attached hereto as Attachment B.
RESOLUTION NO. 22-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN MODIFYING
THE SCHEDULE OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND
PLANNING COMMISSION
City Council April 5, 2022
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8. 2020-2021 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT
The 1980 amendments to the National Historic Preservation Act of 1966 provided for
the establishment of a Certified Local Government Program (CLG) to encourage the
participation of local governments in the identification, evaluation, registration, and
preservation of historic properties and to promote the integration of local historic
preservation into local planning and decision-making processes. As a participant in
the program, the City of Tustin is required to submit an annual report to the State of
California Office of Historic Preservation (OHP). The attached annual report
summarizes the City's historic preservation efforts and describes how the City met
the requirements of the program during the 2020-2021 reporting period. On March
22, 2022, the Planning Commission, as Historic and Cultural Resources Advisor,
approved the Annual Report and directed staff to forward the Annual Report to the
OHP. This report is forwarded to the City Council for information only.
Recommendation: That the City Council receive and file the report.
9. REVIEW OF CITY'S CONFLICT OF INTEREST CODE
The Political Reform Act requires that no later than July 1 st of each even-numbered
year, the City Council direct a review of the City's Conflict of Interest Code.
Recommendation: It is recommended that the City Council direct the City Manager,
or designee, to have the City's Conflict of Interest Code reviewed, file a statement of
review with the City Council no later than October 1 , 2022 and revise the Conflict of
Interest Code based upon such review, if necessary.
10. AMENDMENTS TO AGREEMENTS WITH THE DEPARTMENT OF THE NAVY
AND SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT RELATED
TO THE ADVANCED TECHNOLOGY EDUCATION PARK CAMPUS AT TUSTIN
LEGACY
Request for approval of amendments to existing agreements between the City of
Tustin (City) and the Department of the Navy (Navy), and the City and the South
Orange County Community College District (SOCCCD) related to the Advanced
Technology Education Park (ATEP) campus at Tustin Legacy.
Recommendation: It is recommended that the City Council approve the following
amendments to existing agreements and authorize the City Manager to execute:
- Modification One to the Lease in Furtherance of Conveyance (LIFOC)
between the City and Navy
- Amendment 3 to the Sublease Agreement between the City and SOCCCD
- Amendment 1 to the Implementation Agreement between City and SOCCCD
REGULAR BUSINESS ITEM 11
11. 2022 PUBLIC ART COMMITTEE APPOINTMENTS
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Council direction is needed to fill three vacancies on the Public Art Committee due to
term expirations.
Recommendation: Pleasure of the City Council.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURN IN MEMORY OF
POLICE SERVICES OFFICER ALYSIA CORNELL
ADJOURNMENT- The next meeting is scheduled on Tuesday, April 19, 2022 for the Closed
Session Meeting at 5:00 p.m. and the Regular Business Meeting at 6:30 p.m.
City Council April 5, 2022
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