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HomeMy WebLinkAboutCC MINUTES 04.05.22 DocuSign Envelope ID:A724460A-09D9-44DF-8471-981766B12BFC 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 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 p.m. CALL TO ORDER — #3018 at 5:01 p.m. ATTENDANCE — City Clerk Present: Mayor Austin Lumbard, Council Members Letitia Clark, Ryan Gallagher and Rebecca Gomez Absent: Mayor Pro Tem Barry W. Cooper 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 Item 1 as it appears 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): (1 case) City Council April 5, 2022 Meeting Minutes Page 1 of 7 DocuSign Envelope ID:A724460A-09D9-44DF-8471-981766B12BFC Recessed to Closed Session at 5:02 p.m. Council Member Clark arrived at 5:48 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER — #3018 at 6:33 p.m. INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church PLEDGE OF ALLEGIANCE — Mayor Lumbard PUBLIC INPUT — None PRESENTATION — Mayor Lumbard presented a Proclamation to Principal Planner Scott Reekstin in recognition of his retirement. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. CONSENT CALENDAR ITEMS 1-10 — Public Input — None It was moved by Council Member Gomez and seconded by Council Member Clark to approve the Consent Calendar as recommended by staff. Motion carried: 4-0 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 MARCH 15, 2022. City Council April 5, 2022 Meeting Minutes Page 2 of 7 DocuSign Envelope ID:A724460A-09D9-44DF-8471-981766B12BFC Motion: The City Council approved 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. Motion: The City Council approved 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. 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. 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. Motion: The City Council: 1 . Approved 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. Motion: City Council April 5, 2022 Meeting Minutes Page 3 of 7 DocuSign Envelope ID:A724460A-09D9-44DF-8471-981766B12BFC 1 . Took an OPPOSE UNLESS AMENDED position on AB 2097 (Friedman) Residential and commercial development: remodeling, renovations, and additions: parking requirements 2. Took a SUPPORT position on SB 922 (Wiener) California Environmental Quality Act: exemption: transportation-related projects 3. Received and filed the updated legislative matrix as of March 25 4. Received and filed 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. Motion: The City Council adopted 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 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. Motion: The City Council received and filed the report. 9. REVIEW OF CITY'S CONFLICT OF INTEREST CODE City Council April 5, 2022 Meeting Minutes Page 4 of 7 DocuSign Envelope ID:A724460A-09D9-44DF-8471-981766B12BFC 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. Motion: The City Council directed 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. Motion: The City Council approved the following amendments to existing agreements and authorized 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 Council direction is needed to fill three vacancies on the Public Art Committee due to term expirations. It was moved by Mayor Lumbard and seconded by Council Member Clark that the City Council reappoint Erin Bruner and Meg Gullo to serve a four-year term and direct the City Clerk to solicit applications for the remaining vacancy. Motion carried: 4-0 The Mayor appointed an ad hoc committee consisting of Mayor Lumbard and Council Member Clark to screen the applications, interview select candidates and make a recommendation to the City Council. COUNCILMEMBER COMMENTS AND REPORTS Council Member Gallagher March 22 City Council April 5, 2022 Meeting Minutes Page 5 of 7 DocuSign Envelope ID:A724460A-09D9-44DF-8471-981766B12BFC Visited The Landing at Tustin Legacy, a new housing development; was very impressed; thanked Director of Economic Development, Chris Koster and his staff for a fantastic job on the The Landing; is excited for the project to be completed. March 23 Attended the Orange County Sanitation District (OCSD) Board of Directors meeting. April 3 Attended the Tustin Community Foundation's Chef's Gourmet, Taste of Tustin; was a good time and a lot of fun. Council Member Clark Congratulated Principal Planner, Scott Reekstin on his retirement. Council Member Gomez March 17 Attended the Orange County Mosquito and Vector Control District Board meeting; reported an update on public outreach that was provided. March 22 Visited The Landing at Tustin Legacy; new housing development at the Legacy. March 26 Attended the Tustin Police Department's Neighborhood Watch event at Peppertree Park; was well attended; announced would like to see this event happen in south Tustin. Mayor Lumbard Deferred comments until the next City Council meeting. ADJOURNED IN MEMORY OF POLICE SERVICES OFFICER ALYSIA CORNELL Police Chief Greenberg expressed his condolences. Mayor Lumbard delivered the following tribute: It is with a heavy heart that we adjourn in memory of a member of the Tustin family — Police Services Officer Alysia Cornell. Alysia was born in Yorba Linda, California to Ralph and Deborah Cornell. She is the youngest sister of her two older brothers, Jeremy and Aaron. Alysia grew up in Rancho Cucamonga, California where she attended St. Lucy's Priory High School, and graduated With Honors in 2003. She spent the next four years at Baylor University, where she earned a Bachelor's degree in Forensic Science, with a Minor in Biology and Chemistry. Alysia furthered her education at the University of California, Davis where she completed a Master's degree in Forensic Science in 2009. City Council April 5, 2022 Meeting Minutes Page 6 of 7 DocuSign Envelope ID:A724460A-09D9-44DF-8471-981766B12BFC While attending school, Alysia developed an interest in working for a law enforcement agency and was thrilled to begin her career working for the Tustin Police Department. Alysia started her tenure with the Tustin Police Department in 2015, when she was hired as a Communications Officer. She went on to become a Police Services Officer where she worked in the field, as a field training officer, a Crime Scene Investigator, and, most recently, as the Court Liaison Officer. Alysia has been recognized by her peers and community members on numerous occasions throughout her career at TPD. Some of the recognition includes professionalism (multiple times), willingness to help community members and co-workers, and participating in the National Night Out event. Most notably, Alysia was recognized by her peers as the Police Services Officer Rookie of the year in 2016 and the TPSSA Employee of the year the following year, 2017. On behalf of the City of Tustin, we offer our sincere condolences to the Cornell family. Please keep Alysia's loved ones in your thoughts and prayers as they grieve during this difficult time. ADJOURNED at 6:46 p.m. The next meeting is scheduled on Tuesday, April 19, 2022 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. FDocuSigned by: DocuSigned by: `.VILA. UA.S'j' AUS'F+rK4 1LkBA1RD, ERIC ^4AY SDA, Mayor City Clerk City Council April 5, 2022 Meeting Minutes Page 7 of 7