HomeMy WebLinkAbout00 CC AGENDA 6.4.24CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Ryan Gallagher, Mayor Pro Tern
Letitia Clark, Council Member Austin Lumbard, Mayor
Rebecca Gomez, Council Member
Ray Schnell, Council Member
JUNE 4, 2024
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Nicole Bernard, Acting 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.
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1. PARTICIPATING DURING A MEETING
Community members who wish to address the City Council during a public
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Meeting ID: 940 8640 1921
Passcode: 600222
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City Council June 4, 2024
Meeting Agenda Page 1 of 10
When prompted use the below Meeting ID and Passcode:
Meeting ID: 940 8640 1921
Passcode: 600222
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select the agenda item.
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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 June 4, 2024
Meeting Agenda Page 2 of 10
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3059
ROLL CALL — 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. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION —
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1
case) — related to the fire at the North Hangar owned by the Navy and the release of
hazardous materials therefrom
4. LABOR NEGOTIATIONS — [Government Code § 54957.6]:
Agency
Negotiators:
Derick Yasuda, Director of Human Resources and Peter Brown,
Liebert Cassidy Whitmore
Employee
Tustin Municipal Employees Association (TMEA)
Organization:
Employee
Unrepresented Part -Time Employees
Organization:
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8]: (2 cases)
City Council June 4, 2024
Meeting Agenda Page 3 of 10
A.
Property
430-272-04, 430-272-12, 430-272-14, 430-
Address/Description
272-24, 430-272-27, 430-272-28, 430-461-11
Agency
City of Tustin
City Negotiators
Nicole Bernard, Acting City Manager and Ryan
Swiontek, Acting Deputy Director of Economic
Development, Jerry Craig, Deputy Director of
Economic Development, Kenneth Piguee,
Senior Management Analyst
Negotiating Parties
Topgolf International
Under Negotiation
Price and Terms of Payment
B.
Property
430-272-11, 430-272-13, 430-272-14, 430-
Address/Description
272-23, 430-272-24, 430-272-27
Agency
City of Tustin
City Negotiators
Nicole Bernard, Acting City Manager and Ryan
Swiontek, Acting Deputy Director of Economic
Development, Jerry Craig, Deputy Director of
Economic Development, Kenneth Piguee,
Senior Management Analyst
Negotiating Parties
Sam's West Inc.
Under Negotiation
Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3059
INVOCATION - Pastor Jorge Molina — Mariners Church
PLEDGE OF ALLEGIANCE — Council Member Clark
PRESENTATIONS —
• Proclamation Honoring Tustin Area Council For Fine Arts (TACFA)
PUBLIC INPUT — At this time, any member of the public may address the Council on
City Council June 4, 2024
Meeting Agenda Page 4 of 10
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 - 11)
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 SPECIAL MEETING (BUDGET WORKSHOP)
OF THE CITY COUNCIL HELD ON MAY 21, 2024 AND THE REGULAR MEETING
OF THE CITY COUNCIL HELD ON MAY 21, 2024.
Recommendation: That the City Council approve the Action Minutes of the Budget
Workshop and the City Council Meeting held on May 21, 2024.
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 $984,759.70 and Demands in the amount of $5,394,144.39.
4. 2024 PUBLIC ART COMMISSION APPOINTMENTS
Council direction is needed to fill two vacancies on the Public Art Commission due to
term expirations.
Recommendation: Staff recommends that the City Council appoint Janet Lomax
and Scott McMillin to serve another four-year term.
Fiscal Impact: There is no fiscal impact associated with this item.
5. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED
LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR
City Council June 4, 2024
Meeting Agenda Page 5 of 10
At its meeting on November 10, 2023, the City Council ratified the Acting City
Manager's Proclamation of Local Emergency related to the fire at the Navy's North
Hangar and release of chemicals of public health concern, including asbestos. At a
special meeting of the City Council on January 9, 2024, and at its regular meetings
on March 5, 2024, and April 16. 2024. the Council reviewed and determined the need
to continue the local emergency. This item recommends that the City Council once
again review and determine that the need exists to continue the local emergency, as
required by State law.
Recommendation: It is recommended that the City Council adopt Resolution 24-39
determining the need exists to continue the local emergency related to the fire and
release of chemicals of public health concern, including asbestos, from the Navy's
North Hangar, in the form attached hereto as Attachment 4.
Fiscal Impact: There is no direct impact from a determination that a local emergency
continues to exist. However, the proclamation of emergency may aid the City in
qualifying for emergency assistance from Federal, State and local agencies in
unknown amounts.
6. ADOPT RESOLUTION NO. 24-32 APPROVING PROJECT LIST TO BE
SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR S1131
FUNDING FOR FISCAL YEAR 2024/25
In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is
required to submit a Project List to the California Transportation Commission (CTC)
no later than July 1, 2024.
Recommendation:
Staff recommends the City Council:
1. Adopt Resolution No. 24-32 identifying projects to be submitted to the
California Transportation Commission for SB 1 funding; and
2. Direct staff to submit the Project List to the California Transportation
Commission on behalf of the City.
RESOLUTION NO. 24-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SIB
1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Fiscal Impact: Submittal of the Project List to the CTC allows the City to receive
funding for maintenance, rehabilitation, and safety related roadway projects. The
current estimated revenue for Fiscal Year 2024-25 is approximately $2,057,600.
7. ANNUAL REPORT ON THE TUSTIN POLICE DEPARTMENT'S USE OF
MILITARY EQUIPMENT PER CALIFORNIA ASSEMBLY BILL 481
City Council June 4, 2024
Meeting Agenda Page 6 of 10
Assembly Bill (AB) 481 requires the Tustin Police Department ("Department") to seek
City Council approval by ordinance for the funding, acquisition, and use of equipment
defined by the law as "military equipment." This legislation also requires law
enforcement agencies to submit to the City Council an annual report outlining a
summary of the use of the equipment and the purpose for its use, any complaints or
concerns received concerning the military equipment, results of any internal audits
or violations and any actions taken in response, the total annual costs for the
equipment, the quantity possessed by the agency, and the intention to purchase
additional equipment in the following year. In addition, within 30 days of submitting
and publicly releasing the annual report, a well -publicized and community
engagement meeting must be held to allow for public comments.
This report outlines staff's work in complying with the law and request for continued
utilization of the Department's military equipment and approval of the Department's
military equipment policy under Tustin Police Department General Order 708 —
Military Equipment Use Policy.
Recommendation:
1. To receive and file the annual report on the Department's use of military
equipment for calendar year 2023 (Attachment 1);
2. To receive and file the proposed version of Tustin Police Department General
Order 708 — Military Use Equipment Policy (Attachment 2),
3. To direct the Tustin Police Department to post Tustin Police Department
General Order 708 (Attachment 2) on the Department's website;
4. To direct the Tustin Police Department to hold a well -publicized and
conveniently located meeting to give the public an opportunity to discuss the
annual military equipment report; and
5. To direct staff to set the matter for a public hearing regarding an ordinance to
renew the Tustin Police Department General Order 708 which is at least 30
days from today's date.
Fiscal Impact: The estimated annual cost for the use and maintenance of the military
equipment is detailed under each specific category item outlined in Tustin Police
Department General Order 708 — Military Use Equipment Policy.
8. AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR THE
GRAFFITI REMOVAL PROGRAM
The City's contract with Urban Graffiti expired in January 2024. To allow for a
continued graffiti removal service while the City processes a new Request for
Proposal, the City entered into an interim contract agreement with Urban Graffiti
which is to expire on July 27, 2024. Staff is seeking authorization to advertise
Request for Proposals to continue the City's contract graffiti removal program.
City Council June 4, 2024
Meeting Agenda Page 7 of 10
Recommendation: That the City Council authorize and direct the Community
Development Director to advertise Request for Proposals to continue the
implementation of the City's graffiti removal program.
Fiscal Impact: Graffiti removal costs are budgeted within the City's General Fund
and shared between the Community Development and Public Works Departments.
It is anticipated that the Fiscal Year 2024-25 proposed budget will be sufficient to
accommodate the cost of the new contract.
The proposed contract is for one (1) year, with the option to extend annually
(contingent on satisfactory contractor performance) for a total of five (5) calendar
years, beginning July 28, 2024. Future funding allocations beyond FY 2024-25 will
be addressed through the annual City budget process.
9. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs (TPA) have prepared a
summary of state legislative activity.
Recommendation:
1. Take a SUPPORT position on AB 1779 (Irwin) Theft: jurisdiction
2. Take a SUPPORT position on AB 1794 (McCarty) Crimes: larceny
3. Take a SUPPORT position on SB 905 (Wiener) Unlawful entry of a vehicle
4. Take an OPPOSE UNLESS AMENDED position on SB 1037 (Wiener)
Planning and zoning: housing element: enforcement
5. Receive and file the updated legislative matrix as of May 20
6. Receive and file legislative updates prepared by TPA
Fiscal Impact: There is no fiscal impact associated with this item.
10. AMENDMENT NO. 15 TO CONSULTANT SERVICES AGREEMENT WITH SO
CAL SANDBAGS INC FOR PROPERTY MANAGEMENT/CARETAKER
SERVICES AT TUSTIN LEGACY
Amendment to existing Consultant Services Agreement (CSA) with So Cal
Sandbags, Inc.
Recommendation: It is recommended that the City Council authorize the City
Manager to execute Amendment No. 15 to the CSA with So Cal Sandbags, Inc.
City Council June 4, 2024
Meeting Agenda Page 8 of 10
Fiscal Impact: The cost of Amendment No. 15 to the CSA will not exceed $528,000
for Fiscal Year (FY) 24/25. The draft FY 24/25 budget proposes a total Tustin Legacy
property management budget of $528,000, so there is adequate budget in FY 24/25
(pending budget approval).
11. REQUEST TO INCREASE REVENUE BUDGET AND APPROPRIATION BASED
ON THE FIFTH AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE
NAVY AS RELATED TO THE NORTH HANGAR FIRE INCIDENT
The City anticipates entering into a fifth amendment to the Cooperative Agreement
with the U.S. Department of the Navy (Navy) to implement an emergency response
related to the North Hangar Fire Incident. Staff is requesting the City Council's
approval to increase revenue budget and related appropriation by $27 million for a
current not -to -exceed reimbursement total of $88 million from the Navy. The City
estimates that this fifth amendment will address the emergency response costs that
the City has contracted and incurred on the Navy's behalf so far. Additional work
related to the incident will be addressed in subsequent Cooperative Agreement
amendments.
Recommendation: It is recommended that the City Council increase revenue budget
and related appropriation by $27 million as outlined in the fifth amendment to the
Cooperative Agreement between the City and Navy.
Fiscal Impact: The approved appropriation will be funded from the Navy's
reimbursement of up to $88 million as identified in the fifth amendment to the
Cooperative Agreement.
PUBLIC HEARING ITEMS 12-13
12. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR
FISCAL YEAR 2024-2025
The Tustin Landscape and Lighting District Engineer's Report was completed and
approved by the City Council at their May 7, 2024 meeting. At that meeting, the City
Council declared its intention to levy annual assessments and set a public hearing
for June 4, 2024. In order to levy the annual assessments, the City Council is required
to conduct a public hearing and, provided there is no majority protest, adopt
Resolution No. 24-34 confirming the annual assessments for Fiscal Year 2024-2025.
Recommendation: It is recommended that the City Council:
1. Conduct a public hearing to receive testimony on the proposed levy of annual
assessments for the Tustin Landscape and Lighting District for Fiscal Year
2024-2025; and
2. Adopt Resolution No. 24-34 confirming the annual assessments for Fiscal
Year 2024-2025.
City Council June 4, 2024
Meeting Agenda Page 9 of 10
RESOLUTION NO. 24-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN
RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT FOR FISCAL YEAR 2024-2025
Fiscal Impact: Landscape maintenance and public street lighting expenses within
the Tustin Ranch area are recovered through the levy of the annual assessments for
the District and a General Benefit Contribution. The proposed Fiscal Year 2024-2025
budget is $900,800 with proposed assessments of $813,262, including City paid
assessments totaling $13,659.93 for parkland and facilities which will be paid through
the City's General Fund. The Engineer's Report calculates a General Benefit
Contribution of $87,538, which is also paid through the City's General Fund operating
budget.
13. PUBLIC HEARING SETTING SOLID WASTE RATES
Solid waste and recycling rates were implemented in 2019 at the beginning of the
City's contract with CR&R, Incorporated. These rates are property -related and
subject to Proposition 218, which requires the City to conduct a protest hearing to
provide the public a forum to protest the proposed rates to become effective July 1,
2024.
Recommendation: It is recommended that the City Council:
1. Conduct a public hearing to receive testimony on the proposed solid waste
and recycling rates scheduled to take effect July 1, 2024 and if no majority
protest exists, approve the rates related to the City's contract with CR&R,
Incorporated, and
2. Authorize rate adjustments in accordance with the formula provided in the
City's contract with CR&R, Incorporated for no more than five years.
Fiscal Impact: There is no fiscal impact associated with this item.
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COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, June 18, 2024, for the Closed
Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council June 4, 2024
Meeting Agenda Page 10 of 10