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
APRIL 5, 2022
300 CENTENNIAL WAY, TUSTIN
Matthew S. West, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
PUBLIC INPUT INSTRUCTIONS
Agenda
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 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.
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 $895,100.93 and $937,954.29; and Demands in the amount of $7,602,983.15.
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. LEASE AGREEMENT FOR OPERATION OF THE FOOD/BEVERAGE CONCESSION AT TUSTIN SPORTS PARK Kathy Gallardo and Rob Stait (dba Best of Friends Café) 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.
AGENDA REPORT
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
AGENDA REPORT
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
AGENDA REPORT
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.
AGENDA REPORT
9. REVIEW OF CITY’S CONFLICT OF INTEREST CODE
The Political Reform Act requires that no later than July 1st 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.
AGENDA REPORT
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
AGENDA REPORT
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.
Recommendation:
Pleasure of the City Council.
AGENDA REPORT
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.