HomeMy WebLinkAbout00 CC AGENDA 4.18.23CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL r Letitia Clark, Mayor Pro Tern Ryan Gallagher, Council Member Rebecca Gomez, Council Member Ray Schnell, Council Member APRIL 18, 2023 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Austin Lumbard, Mayor Matthew S. West, City Manager Erica N. Yasuda, City Clerk 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 18, 2023 Meeting Agenda Page 1 of 5 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.granicusideas.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 18, 2023 Meeting Agenda Page 2 of 5 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3038 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): (2 cases) 3. LIABILITY CLAIMS — [Government Code § 54956.95]: (7 cases) A. Claim No. 22-27, Claim of Edgar Rescalvo B. Claim No. 22-45, Claim of Paoli & Purdy, PC obo Miguel Martinez C. Claim No. 23-03, Claim of Brandon Snook D. Claim No. 23-04, Claim of Mercury Insurance OBO: Brandon Snook E. Claim No. 23-10, Claim of June Calderon F. Claim No. 23-11, Claim of Jose Cantoran G. Claim No. 23-12, Claim of John Zimmer 4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] A. Title: City Manager City Council April 18, 2023 Meeting Agenda Page 3 of 5 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3038 INVOCATION — Deacon Bill Weeks, St. Cecilia Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Clark PRESENTATION — Proclamation Recognizing Community College Awareness Month 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. 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 - 5) 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 APRIL 4, 2023 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON APRIL 12, 2023. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on April 4, 2023 and the Special Meeting of the City Council held on April 12, 2023. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council April 18, 2023 Meeting Agenda Page 4 of 5 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 $926,385.76 and Demands in the amount of $2,783,051.00. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third and fourth quarters of 2022. The average noise level measured at Tustin's monitoring station (NMS 10N), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters. Average daily noise levels during the third and fourth quarters continued to remain well below the City, County, and State criteria of 65 decibels (dB) Community Noise Equivalent Level (CNEL) for residential uses. Residential noise sensitive areas exposed to an average Community Noise Equivalent Level (CNEL) of more than 65 dB define the "Noise Impact Area." Recommendation: That the City Council receive and file this report. 5. EXTENSION OF EXCLUSIVE NEGOTIATING AGREEMENT WITH AVALONBAY COMMUNITIES INC. AND ABODE COMMUNITIES FOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREAS 2B, 2C AND 8 Request for approval of an extension of the Exclusive Negotiating Agreement (ENA) with AvalonBay Communities Inc. (AvalonBay) and Abode Communities (Abode) (collectively, "Developer") to continue the negotiating period for the disposition and development of portions of Disposition Areas 2B, 2C and 8 at Tustin Legacy for a multifamily mixed -use project for an additional 180 days. Recommendation: Approve an extension of the ENA of an additional period of ninety (90) days, as well as an option for the City Manager to grant an additional ninety (90) day extension and authorize the City Manager to provide written notice of the ENA extension terms to the Developer. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, May 2, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council April 18, 2023 Meeting Agenda Page 5 of 5