CITY OF TUSTIN SPECIAL MEETING
OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
APRIL 18, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
CLOSED SESSION MEETING
- 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
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 Tem 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.
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 $926,385.76 and Demands in the amount of $2,783,051.00.
Agenda Report
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.
Agenda 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.
Agenda Report
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.