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Home My WebLink About02 CC MINUTES 4.18.23City Council April 18, 2023 Meeting Minutes Page 1 of 6 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER – #3038 at 5:31 p.m. ATTENDANCE – City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tem Letitia Clark and Council Members Rebecca Gomez and Ray Schnell Absent: Council Member Ryan Gallagher 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 3 and 4 as they appear 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) 3. LIABILITY CLAIMS – [Government Code § 54956.95]: (7 cases) CITY OF TUSTIN REGULAR APRIL 18, 2023 MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Ryan Gallagher, Council Member Austin Lumbard, Mayor Matthew S. West, City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member David E. Kendig, City Attorney Agenda Item 2 Reviewed: City Manager ______ Finance Director N/A DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA City Council April 18, 2023 Meeting Minutes Page 2 of 6 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 Recessed at 5:32 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER – #3038 at 7:11 p.m. INVOCATION – Deacon Bill Weeks, St. Cecilia Church PLEDGE OF ALLEGIANCE – Mayor Pro Tem Clark PRESENTATION – The City Council presented a Proclamation recognizing Community College Awareness Month to the South Orange County Community College District. PUBLIC INPUT – 1. Susan Keefe 2. Marie Luebbers 3. Michael Luebbers 4. Victor Alasti 5. Leonard De La Rosa CLOSED SESSION REPORT – City Attorney David E. Kendig: The City Council denied Claim Nos. 22-27, 22-45, 23-03, 23-04, 23-10, 23-11, 23-12. Other than that, there was no reportable action. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA City Council April 18, 2023 Meeting Minutes Page 3 of 6 CONSENT CALENDAR ITEMS 1-5 – Public Input – None It was moved by Mayor Pro Tem Clark and seconded by Council Member Gomez to approve the Consent Calendar as recommended by staff. Roll Call – City Clerk 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 APRIL 4, 2023 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD ON APRIL 12, 2023. Motion: The City Council approved 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 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 $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." DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA City Council April 18, 2023 Meeting Minutes Page 4 of 6 Motion: The City Council received and filed 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. Motion: Approved 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 authorized the City Manager to provide written notice of the ENA extension terms to the Developer. COUNCILMEMBER COMMENTS AND REPORTS Council Member Schnell Thanked everyone for participating in the political process and thanked the public speakers for their comments. April 5 Had lunch with the President of the Tustin Police Officers Association and the senior leadership; discussed public safety; thanked the officers for keeping Tustin safe; attended a ride-a-long in parts of South Tustin. April 6 Met with the Government Relations Director for Southern California Edison; discussed residents’ concerns; discussed state and federal EV grants available for Tustin businesses. April 11 Met with Tustin Unified School District Superintendent, Dr. Mark Johnson, and his leadership staff, along with Mayor Lumbard; discussed school safety. April 12 Attended the Tustin Police Department’s Coffee with a Cop event at the Tustin Senior Center; was a great event; was an opportunity to meet the brave men and women of the department to ask questions and collaborate with them on a more personal level. April 15 Attended Tustin Lemonade Day event at Columbus Tustin Park; an event to support young entrepreneurs. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA City Council April 18, 2023 Meeting Minutes Page 5 of 6 April 17 Met with developer Burnham Ward to discuss commercial development. Council Member Gomez April 5 Served on a panel for Hillview High School’s People of Success Assembly. April 6 Attended the Habitat for Humanity Building Dreams Breakfast event; many new projects were unveiled for Orange County. April 8 Attended the Tustin Community Foundation Pancake Breakfast and the Tustin Parks and Recreation Spring Egg Hunt event; thanked the Tustin Parks and Recreation staff for another successful event. April 15 Attended the Tustin Parks and Recreation Community Yard Sale event; visited four to five lemonade stands for Tustin Lemonade Day; appreciated the enthusiasm for the young entrepreneurs; thanked all the volunteers. April 16 Attended the Tustin Area Council for Fine Arts (TACFA) Committee reception for the kickoff of the Broadway in the Park production of Cinderella; encouraged everyone to come to the production which will run from August 8-12, 2023 at Peppertree Park; a great family event. April 18 Attended the Orange County Mosquito and Vector Control District Policy and Personnel Committee meeting; discussed updated policies regarding the roles of the District Director and appointed trustees; reported in March 2023, was appointed as Chair of the Policy and Personnel Committee. Mayor Pro Tem Clark Thanked the Tustin Parks and Recreation Department for their hard work on the Spring Egg Hunt and Pancake Breakfast event; was a fun and well attended event. Thanked the Tustin Parks and Recreation Department for having Tustin Lemonade Day event; stated Lemonade Day encourages entrepreneurship to learn the ins and outs of starting a business; reported the city has held Lemonade Day six years in a row. Reported the City Council and city staff are doing so much in being attentive and responding to climate change needs; will work with the public to push new ideas and initiatives forward; thanked the public speakers for their comments. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA City Council April 18, 2023 Meeting Minutes Page 6 of 6 Mayor Lumbard Reserved comments for the next meeting. Announced the following upcoming event: April 22nd Skate Competition 11:00 A.M. Location: Veterans Sports Park Contact (714) 573-3326 for more information ADJOURNED at 7:44 p.m. 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. DocuSign Envelope ID: B7942396-58B8-40D4-9676-9CE8832621FA