HomeMy WebLinkAbout02 CC MINUTES 6-4-24DocuSign Envelope ID: EFEBA85B-0515-43D5-BCC9-D47CFOD221 FO
CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Ryan Gallagher, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor
Rebecca Gomez, Council Member
Ray Schnell, Council Member
Agenda Item 2
Reviewed: Ds
City Manager Q�
Finance Director N/A
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
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3059 at 5:31 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tern Ryan Gallagher and Council
Member Rebecca Gomez
Absent: Council Members Letitia Clark and Ray Schnell
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Nicole Bernard, Acting City Manager
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene
to discuss Items 1, 3, 5A and 5B, including negotiations with its real property negotiators
Acting City Manager Nicole Bernard, Acting Deputy Director of Economic Development
Ryan Swiontek, Deputy Director of Economic Development Jerry Craig and Senior
Management Analyst Kenneth Piguee.
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:
City Council June 4, 2024
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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 § 54957.61:
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)
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
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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
Recessed at 5:32 p.m.
Council Member Clark arrived at 5:41 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3059 at 7:22 p.m.
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Council Member Clark
PRESENTATIONS —
Mayor Lumbard presented a proclamation to the Tustin Area Council For Fine Arts (TACFA)
President, Erin Kociela, in recognition of their contributions to the Tustin community.
Mayor Lumbard presented a proclamation to Acting City Manager Nicole Bernard in
recognition of her leadership.
PUBLIC INPUT —
1. Susan Keefe
City Council June 4, 2024
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CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-11 —
Public Input — Lana Clay (In -person)
It was moved by Mayor Pro Tern Gallagher and seconded by Council Member Gomez to
approve the Consent Calendar as recommended by staff.
Roll Call Vote — 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 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.
Motion: The City Council approved 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.
Motion: The City Council approved 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.
Motion: The City Council appointed Janet Lomax and Scott McMillin to serve
another four-year term.
Fiscal Impact: There is no fiscal impact associated with this item.
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5. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED
LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR
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.
Motion: The City Council adopted 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 SB1
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.
Motion: The City Council:
Adopted Resolution No. 24-32 identifying projects to be submitted to the
California Transportation Commission for SB 1 funding; and
2. Directed 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 SB
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.
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7. ANNUAL REPORT ON THE TUSTIN POLICE DEPARTMENT'S USE OF
MILITARY EQUIPMENT PER CALIFORNIA ASSEMBLY BILL 481
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.
Motion:
1. Received and filed the annual report on the Department's use of military
equipment for calendar year 2023 (Attachment 1);
2. Received and filed the proposed version of Tustin Police Department General
Order 708 — Military Use Equipment Policy (Attachment 2),
3. Directed the Tustin Police Department to post Tustin Police Department
General Order 708 (Attachment 2) on the Department's website;
4. Directed 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. Directed 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
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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.
Motion: The City Council authorized and directed 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.
Mntinn
1. Took a SUPPORT position on AB 1779 (Irwin) Theft: jurisdiction
2. Took a SUPPORT position on AB 1794 (McCarty) Crimes: larceny
3. Took a SUPPORT position on SB 905 (Wiener) Unlawful entry of a vehicle
4. Took an OPPOSE UNLESS AMENDED position on SB 1037 (Wiener)
Planning and zoning: housing element: enforcement
5. Received and filed the updated legislative matrix as of May 20
6. Received and filed 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.
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Motion: The City Council authorized the City Manager to execute Amendment No.
15 to the CSA with So Cal Sandbags, Inc.
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.
Motion: The City Council increased 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.
Council Member Clark and Council Member Gomez recused themselves due to a
potential conflict in real property interest.
Due to a lack of quorum, Council Member Clark and Council Member Gomez drew
sticks to determine who will remain at the dais to participate in the discussion. Council
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Member Gomez drew the shortest stick; therefore, she remained to participate in the
discussion and Council Member Clark exited the Council Chamber during the
discussion.
Public Hearing opened at 7:47 p.m.
Public Input — None
Public Hearing closed at 7:47 p.m.
It was moved by Mayor Pro Tern Gallagher and seconded by Mayor Lumbard to:
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.
Roll Call Vote — City Clerk
Motion carried: 3-0
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.
Council Member Clark returned to the dais.
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
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provide the public a forum to protest the proposed rates to become effective July 1,
2024.
Public Hearing opened at 7:48 p.m. Mayor Lumbard stated for the record that two
protests were received.
Public Input — None
Public Hearing closed at 7:48 p.m.
It was moved by Council Member Gomez and seconded by Council Member Clark
to:
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.
Roll Call Vote — City Clerk
Motion carried: 4-0
Fiscal Impact: There is no fiscal impact associated with this item.
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Gomez
May 23
Attended the Orange County Public Library Advisory Board meeting; reported the following:
• The proposed budget was forwarded to the Orange County Board of Supervisors for
approval; and
• A presentation was given on various trends in library usage; and
• Discussed the strategic plan to align with community needs including access and
inclusion for all patrons with an emphasis on those with disabilities, freedom to read,
books in the thirteen different languages spoken in the Orange County area, allow
individuals to choose what to read, and emphasized lifelong learning; and
• Discussed the summer reading program; and
• The libraries offer programs for homework readiness and tutoring; stated backpacks
are available to check out for children with activities; and
• Announced the Kindergarten Readiness Program is for children approaching
kindergarten to work on language, communication, cognitive skills, social
competence, emotional maturity, and health and wellness; stated this program
City Council June 4, 2024
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supports parents by giving them a tool to continuing the progress at home; for more
information visit ocpl.org.
May 27
Attended the Parks and Recreation Memorial Day Celebration event with colleagues; each
year the program improves; it is great to honor those that have served with the additional
pavers added to the memorial.
May 30
Attended the California Department of Insurance's Older Californians Statewide Town Hall
event; reported numerous resources discussed regarding insurance, Medicare, reporting
abuse and neglect, preventing fraud and many more; stated this information was shared
with the Senior Center for their use and distribution.
May 31
Attended the Tustin Area Man and Woman of the Year event; provided awards for this year's
winners, Sheryl Franke and Roger Carlson; stated all the nominees were very deserving;
reported a remembrance was held for Margaret Pottenger and Bob Machado as former
recipients of the awards.
June 2
• Met David Hogg, survivor of the Parkland School shooting; stated David is now an
activist to address gun rights and responsibilities; reported he is working to get
younger individuals into public service.
• Attended the Parks and Recreation Tustin Street Fair and Chili Cook -off event; was
a great turnout; thanked all the volunteers and staff for making the event safe and
fun for everyone.
Thanked the city staff for all their hard work in the last several months; was very
appreciative.
Council Member Clark
Thanked the city staff for a great Memorial Day Celebration event; was very moving and the
event had a great turn out.
Toured Virgin Galactic headquarters at Flight at the Tustin Legacy; was very cool.
Attended the Parks and Recreation Tustin Street Fair and Chili Cook -off event; stated was
an amazing event.
Thanked Erica Yasuda, City Clerk; Carrie Woodward, Management Analyst II; and Nicole
Bernard, Acting City Manager, for preparing the Girls in Government event on June 7, 2024;
stated is excited to have young women be inspired by female leaders in the community;
reported the participants will see a behind the scenes view what it is like to work in
government; thanked them for all the work they have already done; will be a great event.
City Council June 4, 2024
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Mayor Pro Tem Gallagher
May 22
Attended Orange County Sanitation District (OC San) meetings including Legal Services
Ad Hoc Committee, Board of Directors and a ribbon cutting of the new office complex;
reported the new office complex is in Fountain Valley; stated all 300 OC San employees
are now located at one complex versus being spread across the city; reported was
appointed to be Chair of the Board.
Mav 27
Attended the Parks and Recreation Memorial Day Celebration event; was a great event;
thanked Garrison De Vine, Recreation Supervisor, for his hard work on the event.
Toured Virgin Galactic headquarters at Flight at the Tustin Legacy; stated for a low fee of
$600,000 you can fly to space; there is a list of over 700 people; reported they will be moving
to phase two to be able to fly individuals twice a week into space; is happy to have their
headquarters in Tustin.
June 2
Attended the Parks and Recreation Tustin Street Fair and Chili Cook -off event; reported
having the kids' area at Peppertree Park was fantastic; appreciated Susan Keefe's public
input regarding utilizing reusable plastics at the event.
Mayor Lumbard
Mav 23
Attended the Orange County Fire Authority (OCFA) Board meeting; reported the budget
was adopted for next year; stated OCFA continues to pay down the unfunded pension
liability.
May 27
Attended the Parks and Recreation Memorial Day Celebration event; thanked city staff for
organizing the event and thanked the community for coming to pay tribute to those who
have served.
May 29
Attended the Tustin Community Foundation monthly nonprofit and interfaith meeting.
Toured Virgin Galactic headquarters at Flight at the Tustin Legacy.
Thanked city staff for putting on another successful Tustin Street Fair and Chili Cook -Off
event.
ADJOURNED at 8:02 p.m. 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
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