HomeMy WebLinkAbout02 CC MINUTES 6-18-24Docusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC
CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
1
Ryan Gallagher, Mayor Pro Tern
Letitia Clark, Council Member Austin Lumbard, Mayor
Rebecca Gomez, Council Member
Ray Schnell, Council Member
Agenda Item 2
Reviewed: Ds
City Manager a`LS
Finance Director N/A
JUNE 18, 2024
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Aldo E. Schindler, 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 — #3060 at 5:30 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard, Council Members Rebecca Gomez and Ray
Schnell
Absent: Council Member Letitia Clark (arrived at 5:31 p.m.) and Mayor Pro Tern
Ryan Gallagher
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Aldo E. Schindler, City Manager
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to
discuss Items 3, 4, 5, and 6 as they appear on the Closed Session agenda, including
conference with its Labor Negotiators Derick Yasuda, Director of Human Resources, and
Peter Brown, Liebert, Cassidy and Whitmore; and Police Chief Stu Greenberg and Orange
County Fire Authority Division Chief Scott Wiedensohler regarding security of public
facilities.
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 18, 2024
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1. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION -Significant
exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. LABOR NEGOTIATIONS — [Government Code § 54957.6]:
Agency Negotiators:
Derick Yasuda, Director of Human Resources and Peter
Brown, Liebert Cassidy Whitmore
Employee Organization:
Tustin Municipal Employees Association (TMEA)
Employee Organization:
Tustin Police Officers Association —Management Unit
(TPMA)
Employee Organization:
Tustin Police Officers Association —Officer Unit (TPOA)
Employee Organization:
Tustin Police Support Services Management Association
(TPSSMA)
Employee Organization:
Tustin Police Support Service Association (TPSSA)
Employee Organization:
Unrepresented Confidential Employees
Employee Organization:
Unrepresented Supervisory Employees
Employee Organization:
Unrepresented Executive Management and Management
Employees
4. 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
5. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957):
Consultation with: Tustin Police Department, Stu Greenberg, Police Chief; Orange
County Fire Authority, Scott Wiedensohler, Division Chief
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code § 54956.9(a): (1 case)
A. Jose Melgoza Gallardo, Jose Ortiz Gallardo Jr, Kepha Gallardo vs the City of
Tustin Case No. 30-2022-01257224-CU-PA-CJC
Recessed at 5:31 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
HOUSING AUTHORITY
7:00 P.M.
City Council June 18, 2024
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CALL TO ORDER — #3060 at 7:17 p.m.
ATTENDANCE — City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tern Ryan Gallagher (via Zoom),
and Council Members Letitia Clark, Rebecca Gomez and Ray Schnell
Absent: None
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Aldo E. Schindler, City Manager
INVOCATION - Deacon Bill Week, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Council Member Schnell
PRESENTATIONS —
Mayor Lumbard presented a Proclamation to Orange County Division Chief Wiedensohler in
recognition of Drowning Prevention.
Council Member Schnell presented a Proclamation to Orange County Division Chief
Wiedensohler in recognition of Wildfire Awareness.
PUBLIC INPUT —
1. Pete Beatty (in -person)
2. Richard Nelson (in -person)
3. Brian Delahaut (in -person)
CLOSED SESSION REPORT — City Attorney David E. Kendig: With Mayor Pro Tern
Gallagher absent during Closed Session, the Council gave unanimous settlement authority
in the Gallardo litigation, which is Item 6A on the Closed Session Agenda. The specifics of
that settlement will be available upon request as soon as the settlement is finalized. Other
than that, there was no reportable action.
CONSENT CALENDAR ITEMS 1-16
Public Input — None
Mayor Lumbard pulled Item No. 13.
City Council June 18, 2024
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Council Member Schnell pulled Item No. 7.
It was moved by Council Member Schnell and seconded by Council Member Clark to pull
Items 7 and 13 and approve the balance as recommended by staff.
Roll Call Vote — City Clerk
Motion carried: 5-0
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 JUNE 4, 2024.
Motion: The City Council approved the Action Minutes of the City Council Meeting
held on June 4, 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 $999,854.35 and
Demands in the amount of $7,654,224.92.
4. POLICE DEPARTMENT VEHICLE PURCHASE
The Tustin Police Department currently has three (3) leased vehicles in our
possession (2021 Toyota Tundra, 2021 Toyota Tacoma, and 2021 Toyota
Camry) assigned to the Criminal Investigations Unit and Community Relations
Unit. The lease for the 2021 Toyota Tundra matures on July 1, 2024, the lease
for the 2021 Toyota Tacoma matures on July 13, 2024, and the lease for the
2021 Toyota Camry matures on July 19, 2024.
These three (3) vehicles will need to be retained or replaced due to the needs
of the Criminal Investigations Unit and Community Relations Unit. Based on the
expected payoff of the vehicles, we would be able to purchase all three (3) vehicles
for a fraction of the retail price.
Motion: The City Council authorized:
City Council June 18, 2024
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1. The purchase of the 2021 Toyota Tundra from Toyota Financial Services at
the end of the lease, July 1, 2024, in the amount of $38,173.90, including sale
tax and DMV fee.
2. The purchase of the 2021 Toyota Tacoma from Toyota Financial Services at
the end of the lease, July 13, 2024, in the amount of $28,928.75, including
sales tax and DMV fee.
3. The purchase of the 2021 Toyota Camry from Toyota Financial Services at
the end of the lease, July 19, 2024, in the amount of $16,256.92, including
sales tax and DMV fee.
4. Declare, in accordance with the Tustin City Code — Section 1630a (2), 2012
Dodge Caravan (Unit #3526, VIN - 2C4RDGBG2CR265074), previously
assigned to the Gang Unit, as surplus and not required for public use and
authorize the sale at the next public auction, crediting net proceeds to
applicable City revenue fund.
Fiscal Impact: The total cost to purchase these three vehicles from Toyota Financial
Services at the end of their respective leases is $83,359.57. There are sufficient
funds in the Fiscal Year 2024-25 proposed budget in the Equipment Fund (Fund 187)
to complete the buyout and add them to the Police Department's fleet. It's anticipated
that the surplus value of the 2012 Dodge Caravan (Unit #3526, VIN-
2C4RDGBG2CR265074) is $3,000.00.
5. ADOPT RESOLUTION NO. 24-37 TO CALL AND CONSOLIDATE THE
NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION
Adoption of the proposed resolution will call the election and consolidate election
services with the County of Orange.
Motion: Adopted Resolution No. 24-37, ordering, calling and giving notice of a
General Municipal Election to be held on Tuesday, November 5, 2024, and
requesting the Board of Supervisors consolidate the election with the State's General
Election.
Fiscal Impact: The estimated cost to consolidate the general municipal election with
the State and County's general election ranges from $95,435 to $111,097. It's
anticipated that the proposed budget for Fiscal Year 2024-25 will be sufficient to
cover these costs.
RESOLUTION NO. 24-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING FOR
AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN
THE CITY OF TUSTIN ON NOVEMBER 5, 2024, FOR ELECTION OF CERTAIN
OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE
COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE
STATE'S GENERAL ELECTION
City Council June 18, 2024
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6. NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION CANDIDATE
STATEMENT REGULATIONS
Adoption of the proposed resolution will establish the Candidate Statement
regulations for the November 5, 2024, General Municipal Election.
Motion: The City Council adopted Resolution 24-38 establishing regulations for
Candidate Statements to be submitted to the electorate in the November 2024
General Municipal Election.
RESOLUTION NO. 24-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL
PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
Fiscal Impact: There is no fiscal impact to the City associated with this item. The
costs associated with candidate statements identified below are costs borne by the
candidates.
7. AWARD OF CONTRACTS FOR ANNUAL LANDSCAPE MAINTENANCE
SERVICES FOR THE GENERAL FUND CITY/WATER FACILITIES AND THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
Mayor Lumbard bifurcated the discussion on the two contracts due to real property
interests conflicts on one of the contracts.
First, the Council considered the city-wide services contract.
It was moved by Mayor Lumbard and seconded by Council Member Schnell to award
the landscape maintenance services contract to Mariposa Landscapes, Inc. for the
General Fund City/Water Facilities in the amount of $1,628,100.24 annually and
authorize the Mayor and the City Clerk to execute the contract documents on behalf
of the City.
Roll Call Vote — City Clerk
Motion carried: 5-0
Second, the Council considered the Tustin Landscape and Lighting District contract.
Council Member Clark, Council Member Gomez and Council Member Schnell
recused themselves due to a potential conflict in real property interest.
Due to a lack of quorum, Council Member Clark, Council Member Gomez and
Council Member Schnell drew sticks to determine who will remain at the dais to
City Council June 18, 2024
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participate in the discussion. Council Member Clark drew the shortest stick; therefore,
she remained at the dais to participate in the discussion and Council Member Gomez
and Council Member Schnell exited the Council Chamber during the discussion.
It was moved by Mayor Lumbard and seconded by Council Member Clark to award
the landscape maintenance services contract to Mariposa Landscapes, Inc. for the
Tustin Landscape and Lighting District in the amount of $315,312.00 annually and
authorize the Mayor and the City Clerk to execute the contract documents on behalf
of the City.
Roll Call Vote — City Clerk
Motion carried: 3-0-2 (Council Member Gomez and Council Member Schnell
abstained)
Council Member Gomez and Council Member Schnell returned to the dais.
Fiscal Impact: Funding for these contracts has been budgeted within the Public
Works operating budget. Each subsequent year will be contingent upon City Council
approval of the annual budget appropriation and satisfactory performance of services
provided. Each contract contains a 30-day Notice of Cancellation provision. The
Water Enterprise funds landscape maintenance services for the City's water facilities
and services provided in the TLLD are covered through annual assessment levied
through the District.
8. APPROVE THE ANNUAL OC GO (MEASURE M2) ELIGIBILITY SUBMITTAL
PACKAGE, FISCAL YEAR 2024-2025
In order to maintain eligibility to receive OC Go (also known as Orange County
Measure M2 Program) funding, the City is required to annually submit a compliance
package to the Orange County Transportation Authority (OCTA).
Motion: The City Council took the following actions:
Adopted the attached Measure M2 Seven -Year Capital Improvement Program
(CIP) (Fiscal Year2024-2025 through Fiscal Year 2030-2031, Attachment "B"
of the M2 Eligibility Package); and
2. Authorized the Director of Public Works to submit the City of Tustin's Measure
M2 eligibility package to the OCTA.
Fiscal Impact: The City has successfully secured Comprehensive Transportation
Funding Program (CTFP) competitive funds under the current Measure M2 Program
and met required match funding contributions towards various projects over the
years. The City's annual local jurisdiction apportionment, known as "Fair Share"
under Measure M2, is estimated at $2.359M for Fiscal Year 2024-2025. From the
inception of Measure M in 1991 and Renewed Measure M2 in 2006, the City has
received approximately $60.6M, with $22.8M of that amount from the Renewed
City Council June 18, 2024
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Measure M2 since 2011 for such projects as the Tustin Ranch Road Extension,
Warner Avenue Extension, Tier 1/11 Environmental Water Quality, Red Hill Avenue
Widening and Raised Median Improvements, and traffic signal synchronization
projects along Tustin Ranch Road, Red Hill, 17th Street, First Street, Tustin Avenue
and Edinger Avenue corridors.
9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE JOHN LYTTLE RESERVOIR IMPROVEMENTS PROJECT,
CIP NO. 60148
The plans and specifications for the John Lyttle Reservoir Improvements Project (CIP
No. 60148) have been prepared and the project is now ready for bid.
Motion: The City Council:
1. Adopted Resolution No. 24-43 approving the plans and specifications for the
John Lyttle Reservoir Improvements Project (CIP No. 60148); and
2. Authorized the City Clerk to advertise to receive bids.
RESOLUTION NO. 24-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE JOHN LYTTLE
RESERVOIR IMPROVEMENTS PROJECT, CIP NO. 60148 AND AUTHORIZING
ADVERTISEMENT FOR BIDS
Fiscal Impact: The engineer's estimate for this project is $340,160. Sufficient funds
in the amount of $500,000 have been requested in the FY 2024/25 budget for the
construction of this project.
10. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER
430-021-30 AS SURPLUS LAND
Resolution 24-36 will declare Assessor's Parcel Numbers (APN) 434-021-30 as
surplus land pursuant to California Government Code Section 54221.
Motion: The City Council took the following actions:
1. Adopted Resolution 24-36: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 434-021-
30 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 54221.
2. Authorized the City Manager to circulate a Notice of Availability and submit
the appropriate documentation to the California Department of Housing and
Community Development (HCD) in connection with the Resolution.
City Council June 18, 2024
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RESOLUTION 24-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S
PARCEL NUMBER 434-021-30 AS SURPLUS LAND PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54221.
Fiscal Impact: Adoption of Resolution 24-36 itself does not have a financial impact
to the City, however noticing and negotiating disposition of property as required under
the Surplus Land Act (SLA) may have financial impacts to the City.
11. LIMITED WAIVER OF VESTED RIGHTS PURSUANT TO DEVELOPMENT
AGREEMENT (DA) 2023-0002
On November 21, 2023, the City Council approved DA 2023-0002 in conjunction with
a proposed development of 42 residential units including seven (7) live -work units
and 35 residential condominium units, with two (2) units being affordable to very -low
income households, at 14042 Newport Avenue. The development is located in the
Downtown Commercial Core Specific Plan (DCCSP). As required by Tustin City
Code (TCC), the proposed development must include affordable housing on -site and
payment of in -lieu fee for one-half of the base units provided on -site.
On March 5, 2024, the City Council adopted a policy to temporarily suspend the
requirement to pay an affordable housing in -lieu fee in conjunction with development
proposals in the DCCSP and Red Hill Avenue Specific Plan (RHASP) for 36 months.
KB HOME Cal Management Services LLC (KB Home) is requesting a limited waiver
of vested rights pursuant to DA 2023-0002 to retroactively apply the suspension of
the requirement to pay an affordable housing in -lieu fee to their project.
Motion: The City Council granted KB Home a limited waiver of vested rights
pursuant to DA 2023-0002 and determined that the current suspension of affordable
housing in -lieu fees for residential projects within the DCCSP and RHASP is
retroactively applicable to the project associated with DA 2023-0002.
Fiscal Impact: No additional fiscal impact is anticipated as the applicant will be
required to pay other fees associated with the proposed development.
12. REPORT ON EMERGENCY PURCHASE CONTRACTS RELATED TO THE NAVY
NORTH HANGAR FIRE INCIDENT
This report summarizes the circumstances of the emergency related to the Navy's
North Hangar Fire and summarizes the contracts procured by the City in response to
those emergency circumstances.
Motion: Received and filed.
City Council June 18, 2024
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Fiscal Impact: The City's contracts entered into related to the North Hangar Fire
Incident are funded from the Navy's Cooperative Agreement with the City. The
Cooperative Agreement and related amendments are expected to have a total not -
to -exceed amount of $88 million.
13. UPDATE TO THE PROPOSED PURCHASING POLICY AMENDMENTS
This item provides an update on the status and timeline of the proposed amendments
to the City of Tustin Municipal Code Section 1621-1630, which contains the City's
purchasing policy and procedures.
Mayor Pro Tern Gallagher commented on the importance of the policy.
It was moved by Mayor Pro Tern Gallagher and seconded by Mayor Lumbard to
receive and file.
Roll Call Vote — City Clerk
Motion carried: 5-0
Fiscal Impact: Not applicable
14. 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, April 16, 2024 and June 4, 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 24-46 determining the need exists to
continue the local emergency related to the fire and release of chemicals of public
health concern from the Navy's North Hangar, in the form attached hereto as
Attachment 5.
RESOLUTION 24-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RELATED TO
FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH
HANGAR
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
City Council June 18, 2024
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qualifying for emergency assistance from Federal, State and local agencies in
unknown amounts.
15. AWARD OF CONTRACT FOR THE CONSTRUCTION OF CIVIC CENTER
ALTERNATE POWER SOURCE PROJECT (CIP No. 10069)
Bids for the Civic Center Alternate Power Source Project (CIP No. 10069) have been
received and a construction contract is ready to be awarded to the lowest
responsive/responsible bidder, R213 Engineering ("R213").
Motion: The City Council:
1. Denied the bid protest submitted by M.S. Construction Management Group
("MSCMG") as to R213;
2. Denied the bid protest submitted by Woodcliff Corporation ("Woodcliff") as to
R2B;
3. Awarded the construction contract to R213, the lowest responsive/responsible
bidder, in the amount of $3,892,440, and authorized the Mayor and the City
Clerk to execute the contract documents on behalf of the City.
Fiscal Impact: Sufficient funds in the amount of $4,431,932 have been appropriated
in the FY 2023/24 budget for the construction of this project. A portion of this funding
was sponsored by Senator Min and made available through an appropriation of
$1.5M in the FY 22/23 California State Budget.
16. APPROVAL OF RESOLUTION 24-47 TO AUTHORIZE EXECUTION OF ALL
DOCUMENTS NECESSARY TO EFFECTUATE THE PURCHASE AND THEN
SALE OF THE AFFORDABLE HOUSING UNIT AT 133 LIBERTY STREET
The Tustin Housing Authority ("Authority") is seeking approval of Resolution 24-47
authorizing the City Manager or his designee, to execute all agreements and
documents necessary to effectuate the purchase and then sale of the moderate
income affordable housing unit at 133 Liberty Street.
Motion: The City Council adopted Resolution 24-47 in the form attached as
Attachment 1, authorizing the City Manager, or his designee, to execute all
agreements and documents necessary or appropriate to effectuate the purchase and
then the sale of the moderate income affordable housing unit at 133 Liberty Street.
RESOLUTION 24-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL
AGREEMENTS AND DOCUMENTS NECESSARY TO EFFECTUATE THE
PURCHASE AND THEN SALE OF THE AFFORDABLE HOUSING UNIT AT 133
LIBERTY STREET
City Council June 18, 2024
Meeting Minutes Page 11 of 18
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Fiscal Impact: The acquisition price of 133 Liberty Street is $466,651. Appropriated
funds will be replenished upon the Authority's sale of the moderate income affordable
housing unit to an eligible moderate income household.
PUBLIC HEARING ITEM 17
17. ADOPTION OF A RESOLUTION UPDATING THE COMPREHENSIVE FEE
SCHEDULE
The City's Comprehensive User Fee Study, completed in May 2021, determined the
cost of providing governmental services and ensured that user fees and charges did
not exceed the costs of providing these services at that time. Industry best practices
recommend that user fees be reviewed and updated annually to ensure they remain
consistent with the cost of living and reflect any operational changes. Staff has
completed this annual review and compiled an updated user fee schedule
(Attachment 1). Staff recommends that the City Council hold a public hearing to
consider the adoption of the updated fees, which, if approved, will take effect on
September 1, 2024.
Public Hearing opened at 7:41 p.m.
Public Input — None
Public Hearing closed at 7:41 p.m.
It was moved by Mayor Lumbard and seconded by Council Member Gomez to:
1. Conduct a public hearing on the proposed adoption of an update to the City's
Comprehensive Fee Schedule; and,
2. Adopt Resolution No. 24-42, Establishing and Adopting Updated
Development Processing Fees and Other City Rates, Charges, and User Fees
for Various Government Services.
Roll Call Vote — City Clerk
Motion carried: 5-0
RESOLUTION NO. 24-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ESTABLISHING AND ADOPTING UPDATED DEVELOPMENT PROCESSING
FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS
GOVERNMENT SERVICES
City Council June 18, 2024
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Fiscal Impact: The annual CPI change from February 2023 to February 2024 was
3.36%. Staff projects a $60,000 increase in General Fund revenues associated with
this CPI change to the Comprehensive Schedule of Fees.
REGULAR BUSINESS ITEMS 18-19
18. ADOPTION OF FISCAL YEAR 2024-2025 BUDGET AND GANN
APPROPRIATION LIMIT
Director of Finance, Jennifer King, and Acting Director of Public Works, Mike Grisso,
provided a PowerPoint presentation.
Public Input — Eric Higuchi
It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Gallagher to:
1. Adopt Resolution No. 24-45 (Option B: Keep Fund 100 General Fund as the
primary funding source for the Emergency Generator Project), Adopting the
Second -Year update to the 2023-2025 Biennial Budget and Related Documents
for Fiscal Year 2024-2025;
2. Select the change in per Capita Personal Income of the preceding year as the
price factor for adjusting the Fiscal Year 2024-2025 GANN Appropriation Limit;
3. Adopt Resolution No. 24-41 setting the appropriation limit for the Fiscal Year
2024-2025 at $123, 083, 568;
4. Adopt Tustin Housing Authority Resolution No. 24-01, Adopting the Housing
Authority Budget for Fiscal Year 2024-2025;
5. Adopt Resolution No. 24-44, Updating the Citywide Salary Schedule and the
Position Control Schedule consistent with the Proposed Budget for Fiscal Year
2024-2025; and,
6. Adopt Resolution No. 24-35, Providing for additional compensation for exempt
employees in extraordinary circumstances.
7. Direct staff to coordinate meetings over the next twelve months about The
Legacy, particularly the area around the South Hangar and the 85 acre parcel;
and, directed staff to return before midyear if additional resources are needed
for that.
Roll Call Vote — City Clerk
Motion carried: 5-0
RESOLUTION NO. 24-45
City Council June 18, 2024
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING THE SECOND YEAR UPDATE TO THE 2023-2025 BIENNIAL BUDGET
AND RELATED DOCUMENTS FOR FISCAL YEAR 2024-2025
RESOLUTION NO. 24-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL
YEAR 2024-2025 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION
OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT
CODE
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 24-01
A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET FOR FISCAL
YEAR 2024-2025
RESOLUTION NO. 24-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL
SCHEDULE
RESOLUTION NO. 24-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
PROVIDING FOR ADDITIONAL COMPENSATION FOR EXEMPT EMPLOYEES IN
EXTRAORDINARY CIRCUMSTANCES
19. ADOPTION OF RESOLUTION SUBMITTING AN INITIATIVE MEASURE TO THE
VOTERS AT THE NOVEMBER 5, 2024, CONSOLIDATED ELECTIONS REVISING
THE CITY'S TERM LIMITS REGULATIONS
In accordance with the City Council's prior direction, a Resolution is presented that,
if approved, would place an initiative measure before Tustin's voters at the November
5, 2024, election to revise the City's ordinance limiting the terms that may be served
by City Council members and the Mayor. The City Council is also asked to consider
designating one or more members of the Council to author arguments for inclusion
with the voter pamphlet when the term limit item is considered by the voters.
Public Input — John Garay (via Zoom)
It was moved by Council Member Schnell and seconded by Mayor Pro Tern
Gallagher to adopt Resolution 24-40, including designating Mayor Lumbard to
prepare arguments related to the term limit measure (Attachment 2).
Roll Call Vote — City Clerk
Motion carried: 3-2 (Council Members Clark and Gomez dissenting)
RESOLUTION NO. 24-40
City Council June 18, 2024
Meeting Minutes Page 14 of 18
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN PROPOSING
AND SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION
TO BE CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024, A PROPOSAL TO ADOPT AN INITIATIVE
ORDINANCE REVISING THE LIMITATIONS ON CONSECUTIVE TERMS OF
OFFICE FOR THE MAYOR AND MEMBERS OF THE CITY COUNCIL; DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND
AUTHORIZING AND SETTING DEADLINES FOR THE FILING OF ARGUMENTS
FOR OR AGAINST THE BALLOT MEASURE
Fiscal Impact: The City Council has appropriated funds to place the proposed
measure on the ballot at the General Municipal Election to be consolidated with the
Presidential General Election to be held on November 5, 2024. The Registrar of
Voters has estimated that adding the term limit measure to the November 5, 2024,
election would add $8,500 to the City's cost of the election.
City Manager Aldo E. Schindler
Thanked the City Council for putting trust in him to work with staff and the Council to move
their vision and strategic plan forward; evident that the City has a great staff that are truly
committed to serving the Tustin community; the first week has been a whirlwind; a lot of
great projects and a lot of great opportunities to pursue; is excited about the journey ahead.
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Schnell
Welcomed new City Manager, Aldo E. Schindler; is excited to have him on the team.
June 13
• Attended the Foothill/Eastern Transportation Corridor Agencies (TCA) Joint Board
meeting; reported the following:
o Approved 2025 fiscal year budget; stated the budget is about $310 million
dollars; mentioned a couple of key projects that the funds will be allotted
towards: 241/91 connector, 241 Loma Improvements Project, and the 73
Catalina View Improvements Project; and
o Approved the $200 million -dollar early bond principal paydown; and
o Selected vendors for the five year on -call biological support services; will
cover 2,100 acres which will include habitat assessments, surveys, biological
analysis, and construction monitoring; these services will ensure responsible
habitat conservation and try to mitigate the impacts of the TCA projects; and
o Announced TCA received two awards at the 35t" Annual California
Transportation Foundation Awards event; received the Operational Efficiency
Program Project of the Year Award and the Sustainable Transportation and
Environmental Program Award for the Cattle Grazing Pilot Program at Live
Oak Plaza to help mitigate potential wildfires.
City Council June 18, 2024
Meeting Minutes Page 15 of 18
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• Toured Citrus Ranch Park with Mayor Lumbard, the Director of Parks and
Recreation, Chad Clanton, and Acting Director of Public Works, Michael Grisso;
discussed how to best maintain the lemon grove and the use of public/private
partnerships to harvest the fruit.
Announced the following upcoming events:
• Parks and Recreation Concerts in the Park event at Peppertree Park on June 19,
2024, from 6:00 PM to 8:00 PM with music from Rayford Brothers; and
• Parks and Recreation Sunset Market event in Old Town Tustin on June 20, 2024,
from 5:00 PM to 8:30 PM.
Congratulated Mayor Pro Tern Gallagher and his wife on the birth of their son, Clark Henry
Gallagher.
Council Member Gomez
June 7
Attended the Girls in Government event; was an outstanding event; moderated a panel of
outstanding women leaders in the community including: Director of Finance, Jennifer King;
and Police Captain, Stephanie Nichols; Director Barbara Raileanu, Woodruff and Smart;
Founder and CEO Jenny Windle, JPW Communications; and the Orange County Fire
Authority, Clerk of the Board, Maria Huizar; was a wonderful showcase for the young
women in the community to hear about the challenges and successes of these women in
various industries; panelists were very thoughtful and candid in sharing their experiences
resulting in a robust and often funny discussion; was a great experience for the girls to see
the accomplishments of these speakers and the panel of elected leaders; thanked city staff
for an outstanding job on making the event professional for those young women; was
thankful for the partnership with Johnny Jeans; thanked Council Member Clark for her vision
and tenacity in having this program for the next generation of women leaders.
June 8
Attended the Cal Optima Fair in Costa Mesa; observed how the fair was arranged and what
resources were provided to their residents.
June 12
Attended the Parks and Recreation Concerts in the Park event which was the kickoff to the
summer season; was well attended; appreciated the walkway through the venue; thanked
city staff and city partners for making the event a successful start to the summer concert
season.
Welcomed new City Manager, Aldo E. Schindler.
Congratulated and wished good luck to the Gallagher family on the birth of their son.
City Council June 18, 2024
Meeting Minutes Page 16 of 18
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Council Member Clark
Thanked the City Council, including Council Member Gomez; City Clerk, Erica Yasuda;
Management Analyst II, Carrie Woodward; Communications Manager, Stephaine Najera;
Director of Finance, Jennifer King; Human Resources Manager, Karyn Roznos; and
Director of Community Development, Justina Willkom; for their hard work on the Girls in
Government event; mentioned a participant, Morgan Millum, reached out to thank the city
for putting on the event; was a well done event with swag, giveaways and meaningful
contributions from staff and panel members; thanked everyone for their participation in the
event.
Announced appreciation to the City of Tustin for celebrating Juneteeth and allowing staff to
have the day off; Juneteenth is a symbol of freedom for the African American community.
Congratulated the Gallagher family on the birth of their son, Clark.
Welcomed new City Manager, Aldo E. Schindler.
Mayor Pro Tem Gallagher
Welcomed the new City Manager, Aldo E. Schindler; very impressed with his energy and
enthusiasm.
June 7
Attended the Girls in Government event; was thankful to be invited to participate; stated the
energy was incredible; was blown away by; was impressed with the participants.
Attended two Orange County Sanitation District (OC San) meetings; discussed the budget;
taking a long term look at financials; something we have stressed to do at the Tustin Legacy;
this approach allowed them to understand that they had additional reserves and to use that
money to buy back bonds and pay down some long term debts; stated this approach would
benefit the Tustin Legacy.
June 12
Attended the Parks and Recreation Concerts in the Park event; was well attended;
mentioned the community engagement is getting too large for the space; appreciated the
walkway through the venue; thanked Director of Parks and Recreation, Chad Clanton, for
partnering with Mariners Church to help with clean up at the event; appreciated seeing them
out there and supporting the community.
Mayor Lumbard
June 7
Attended the Girls in Government event; was thankful to be invited to participate;
congratulated Council Member Clark on the event's success.
June 12
City Council June 18, 2024
Meeting Minutes Page 17 of 18
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Attended the Orange County Fire Authority (OCFA) Budget and Finance Committee
meeting.
June 13
Toured Citrus Ranch Park with Council Member Schnell.
Welcomed new City Manager, Aldo E. Schindler; happy to have him aboard.
Welcomed Mayor Pro Tern Gallagher's new baby, Clark Henry Gallagher.
Appreciates his Council colleagues' dedication and professionalism and his honored to
serve along with them.
Stated Council Member Gomez was the fifth woman elected to the Tustin City Council with
Council Member Clark being the sixth; is honored to serve with them both.
ADJOURNED at 8:43 p.m. The next meeting is scheduled on Tuesday, July 2, 2024, for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council June 18, 2024
Meeting Minutes Page 18 of 18