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HomeMy WebLinkAbout00 CC AGENDA 8.20.24CITY OF TUSTIN SPECIAL CLOSED SESSION AND REGULAR MEETINGS OF THE CITY COUNCIL Ryan Gallagher, Mayor Pro Tern Letitia Clark, Council Member Rebecca Gomez, Council Member Ray Schnell, Council Member Austin Lumbard, Mayor AUGUST 20, 2024 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Aldo E. Schindler, 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. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcode below. Meeting ID: 940 8640 1921 Passcode: 600222 Please provide your name in the Zoom application to allow the City Clerk to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial 669-900-6833. City Council August 20, 2024 Meeting Agenda Page 1 of 14 When prompted use the below Meeting ID and Passcode: Meeting ID: 940 8640 1921 Passcode: 600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call -in users can unmute and mute their phones by pressing *6. Call -in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM 1. Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. 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 August 20, 2024 Meeting Agenda Page 2 of 14 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3062 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (4 cases) A. Porio v. City of Tustin, USDC SD Cal. Case No. 8:22-cv-00812-CJC- ADSx B. Mejia/De Garay v. Tustin, USDC CD Cal. Case No. 8:24-cv-0073 MRA ADS C. Hernandez v. City of Tustin, OCSC Case No. 30-2022-01270219-CU-PO- NJC D. Aqueous Film -Forming Foams Products Liability Litigation (City of Camden et al. v. Tyco Fire Products LP), USDC SC, MDL No. 2:18-mn- 2873 City Council August 20, 2024 Meeting Agenda Page 3 of 14 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Government Code § 54956.8: (4 cases) A. Property APN 430-481-02, 430-481-03, 430-481-04, Address/Description 430-481-05 Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Acting Deputy Director of Economic Development; Kenneth Piguee, Senior Management Analyst; and Jerry Craig, Deputy Director of Economic Development Negotiating Parties Irvine Company Under Negotiation Price and Terms of Payment B. Property APN 430-481-12 Address/Description Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Acting Deputy Director of Economic Development and Kenneth Piguee, Senior Management Analyst Negotiating Parties Matthew Derrick, Vice President Development, CD -MS Tustin LLC Under Negotiation Price and Terms of Payment C. 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 Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Acting Deputy Director of Economic Development; Kenneth Piguee, Senior Management Analyst; and Jerry Craig, Deputy Director of Economic Development Negotiating Parties Topgolf International Under Negotiation Price and Terms of Payment City Council August 20, 2024 Meeting Agenda Page 4 of 14 D. Property 430-481-13, 430-481-14, 430-481-15 Address/Description Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Acting Deputy Director of Economic Development and Kenneth Piguee, Senior Management Analyst Negotiating Parties Mariners Church Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY 7:00 P.M. CALL TO ORDER — #3062 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATION - Navy North Hangar Status Update 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 REGULAR BUSINESS ITEM 1 1. DEVELOPMENT UPDATES FROM FORMER MARINE CORPS AIR STATION TUSTIN PROPERTY RECIPIENTS On October 17, 2023, Mayor Pro Tern (then Council Member) Gallagher (co -signed by Council Member Gomez) requested the City Council's consideration to convene a Local Reuse Authority meeting to receive development activity updates from the public/non-profit entities responsible for development at former Marine Corps Air City Council August 20, 2024 Meeting Agenda Page 5 of 14 Station Tustin. On November 7, 2023, the entire City Council directed staff to schedule this meeting in 2024. Accordingly, presentations will be provided by the public/non-profit entities responsible for development at former Marine Corps Air Station Tustin and discussion by the City Council acting as the Federally recognized Local Reuse Authority for former Marine Corps Air Station Tustin. Recommendation: It is recommended that the City Council, acting as the Local Reuse Authority for former Marine Corps Air Station Tustin, take the following actions: 1. Receive presentations from entities responsible for development at former Marine Corps Air Station Tustin 2. Direct staff on communicating information provided during the presentations 3. Direct staff on the desire for future meetings of the Local Reuse Authority or other meeting formats Fiscal Impact: There is no fiscal impact associated with this item. 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 2 - 19) 2. 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. 3. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 16, 2024. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on July 16, 2024. 4. 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. City Council August 20, 2024 Meeting Agenda Page 6 of 14 Recommendation: It is recommended that the City Council approve Payroll in the amount of $1,009,908.41, $1,198,850.62, and $1,102,760.18 and Demands in the amount of $15,994,380.25. 5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1545 — MILITARY USE EQUIPMENT POLICY Adoption of Ordinance No. 1545 approves the Tustin Police Department's General Order 708 — Military Use Equipment Policy, in compliance with Assembly Bill 481. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1545. ORDINANCE NO. 1545 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 708, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) Fiscal Impact: There is no fiscal impact associated with this item. 6. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBERS 430-481-02, 430- 481-03, 430-481-04 AND 430-481-05 AS EXEMPT SURPLUS LAND Resolution 24-59 will declare Assessor's Parcel Numbers 430-481-02, 430-481-03, 430-481-04 and 430-481-05 as exempt surplus land pursuant to California Government Code Section 54221(f)(1)(H) and the Final Updated Surplus Land Act Guidelines Section 103(c)(7)(C). Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution 24-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBERS 430-481-02, 430-481- 03, 430-481-04 AND 430-481-05 AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(H) AND THE FINAL UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(7)(C). 2. Authorize the City Manager to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: There is no fiscal impact associated with this item. 7. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBERS 430-251-23 AND 430-251-37 AS SURPLUS LAND City Council August 20, 2024 Meeting Agenda Page 7 of 14 Resolution 24-48 will declare Assessor's Parcel Numbers 430-251-23 and 430-251- 37 as surplus land pursuant to California Government Code Section 54221. Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution 24-48: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 430-251-23 AND 430- 251-37 AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize the City Manager to circulate a Notice of Availability and submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: Adoption of Resolution 24-48 itself does not have a financial impact to the City, however noticing and negotiating disposition of property as required under the Surplus Land Act may have financial impacts to the City. 8. EXTENSION AND AMENDMENT OF EXCLUSIVE NEGOTIATING AGREEMENT WITH CD -MS (TUSTIN) LLC FOR A PORTION OF TUSTIN LEGACY DISPOSITION AREA 8113 Request for approval of an extension of the Exclusive Negotiating Agreement with CD -MS (Tustin) LLC to continue the negotiating period for the disposition and development of a portion of Disposition Area 813 at Tustin Legacy for a senior congregate care facility project for an additional 180 days and waive any applicable extension deposits. Recommendation: It is recommended that the City Council take the following actions: 1. Approve an extension of the Exclusive Negotiating Agreement for an additional period of 90 days, with an option to grant an additional 90-day extension at the discretion of the City Manager in accordance with Section 4.2.2 of the Exclusive Negotiating Agreement, as well as waive the Exclusive Negotiating Agreementextension deposit for both 90-day periods. 2. Authorize the City Manager to execute an amendment to the Exclusive Negotiating Agreement reflecting the extension request submitted by CD -MS (Tustin) LLC subject to non -substantive additions or modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney prior to the end of the Exclusive Negotiating Agreement Negotiating Period. Fiscal Impact: Pursuant to the terms of the Exclusive Negotiating Agreement, all Exclusive Negotiating Agreement extensions requiring City Council approval require City Council August 20, 2024 Meeting Agenda Page 8 of 14 a $100,000 deposit that is applicable to the purchase price if close of escrow occurs. CD -MS (Tustin) LLC has requested that this extension deposit be waived due to their monetary investment towards the project to date. 9. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT ENTITLED "LAW ENFORCEMENT'S RESPONSE TO MENTAL HEALTH CALLS FOR SERVICE" On June 5, 2024, the Orange County Grand Jury issued its report titled "Law Enforcement's Response to Mental Health Calls For Service" which scrutinized how effectively law enforcement agencies address individuals experiencing mental health crises. The report requires the City to respond to five specific findings. In accordance with California Penal Code sections 933.05(a) and (b), the City must submit its response to the Presiding Judge of the Superior Court on or before September 3, 2024. Recommendation: It is recommended that the City Council review and approve the proposed response to the 2023-2024 Orange County Grand Jury report titled "Law Enforcement's Response to Mental Health Calls for Service" in the form attached as Attachment 2. Fiscal Impact: There is no fiscal impact associated with this item. 10. ADOPT RESOLUTION NO. 24-54 TO ACCEPT IMPROVEMENTS FOR THE RED HILL AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN WAY, CAPITAL IMPROVEMENT PROJECT NO. 70220, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way, Capital Improvement Project No. 70220, has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions: Adopt Resolution No. 24-54 accepting the construction of the Red Hill Avenue Pavement Rehabilitation Project between San Juan Street and Melvin Way, Capital Improvement Project No. 70220; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 24-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE RED HILL City Council August 20, 2024 Meeting Agenda Page 9 of 14 AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN JUAN STREET AND MELVIN WAY (CIP NO. 70220) Fiscal Impact: $1,700,000 was budgeted and appropriated in the Capital Improvement Program using Senate Bill 1 funds (Fund 140) with additional Assembly Bill 2766 Motor Vehicle Subvention funds (Fund 133) for the pedestrian crossing signal component of the project. Final construction costs for Red Hill Avenue Pavement Rehabilitation Project, Capital Improvement Project No. 70220, including change order work is $1,661,082. 11. AWARD OF CONTRACT FOR THE JOHN LYTTLE RESERVOIR IMPROVEMENTS - CAPITAL IMPROVEMENT PROJECT NO. 60148 John Lyttle Reservoir is the sole water storage tank in Zone 3 of the City's water system, providing 150,000 gallons of emergency water storage. A site assessment and corrosion evaluation were performed in November 2023. Details of this evaluation found moderate to severe corrosion on the interior and exterior surfaces and recommended several safety, health, and code improvements. Staff developed a project to recoat the interior and exterior tank and preform related work to address recommended improvements to extend the useful life of the existing reservoir. The City publicly advertised and bid the project and received one bid from Unified Field Services Corporation. Recommendation: It is recommended that the City Council: 1. Award a construction contract in the amount of $758,088.92 for the John Lyttle Reservoir Improvements Project to Unified Field Services Corporation as the lowest responsive/responsible bidder and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City; and 2. Approve a supplemental appropriation in the amount of $338,168.92 from the unappropriated reserves of the 2024 Water Bond Fund (Fund 307). Fiscal Impact: Funding in the amount of $530,000 has been appropriated in the Fiscal Year 2024-25 budget in the 2024 Water Bond Fund (Fund 307). To move forward with this agreement, staff is requesting a supplemental appropriation of $338,168.92. 12. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE SOUTH HANGAR VINYL FENCE PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 10076 The plans and specifications for the South Hangar Vinyl Fence Project Capital Improvement Project No. 10076 have been prepared and the project is now ready for bid. Recommendation: It is recommended that the City Council: City Council August 20, 2024 Meeting Agenda Page 10 of 14 1. Adopt Resolution No. 24-56 approving the plans and specifications for the South Hangar Vinyl Fence, Capital Improvement Project No. 10076; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 24-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE SOUTH HANGAR VINYL FENCE PROJECT, CIP NO. 10076 AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: The engineer's estimate for this project is $924,500. Sufficient funds have been budgeted within the South Hangar Rehabilitation Capital Improvement Project No. 10076 for the construction of this project. 13. AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES The City maintains an active graffiti removal program to provide prompt removal of graffiti on public and private property within the City of Tustin. The City currently contracts with Urban Graffiti Enterprises, Inc. for graffiti abatement services and the current contract is due to expire on September 30, 2024. On June 4, 2024, the City Council authorized staff to advertise a Request for Proposal (RFP) for the graffiti removal program. The RFP was posted on the City's official website and on OpenGov, a platform for government -related contracts. Four proposals were received; however, only two are responsive, while the other two were incomplete and did not meet submission criteria. The four (4) proposals submitted were: 1. Vested Solutions (non -responsive proposal) 2. G Buenos Construction, Inc. (non -responsive proposal) 3. Superior Property Services, Inc. (lowest -cost responsive proposal) 4. Urban Graffiti Enterprises, Inc. (responsive proposal) Recommendation: That the City Council authorize the Community Development Director to enter into a contract with Superior Property Services, Inc. for the removal of graffiti from public and private property effective October 1, 2024, for a one (1) year contract with four (4) possible one (1) year extensions from Fiscal Year 2024- 2025 through Fiscal Year 2029-2030. Fiscal Impact: Through Fiscal Year 2024-25, $184,000 has been appropriated for graffiti removal at a rate of $46 per incident from the General Fund. If the City Council approves the recommended action, the proposal from Superior Property Services, Inc. has an average unit cost of $44 per incident with a yearly cost anticipated at approximately $173,625 per year (a 6% decrease from the previous agreement). The proposed contract is for one (1) year, beginning October 1, 2024, with the option to extend annually (contingent on satisfactory contractor performance) for a total of City Council August 20, 2024 Meeting Agenda Page 11 of 14 five (5) calendar years. Future funding allocations beyond FY 2024-25 will be addressed through the annual City budget process. 14. APPROVAL OF MEMORANDUM OF UPDATED TERMS FOR THE TUSTIN COMMUNITY CENTER AT THE MARKET PLACE Approval of a Memorandum of Updated Terms between the City of Tustin and the Irvine Company to update the rules, regulations, and reimbursed costs associated with operating the Tustin Community Center at The Market Place. Recommendation: Authorize the City Manager to execute a Memorandum of Updated Terms with the Irvine Company for the Tustin Community Center at The Market Place. Fiscal Impact: The fiscal impact to the City of Tustin associated with this item will be minimal as the increases in the reimbursed costs paid to the Irvine Company will continue to be offset, including overhead costs, by the current facility reservation fees for the remainder of the fiscal year. Further, the comprehensive schedule of fees will be updated for the 2025/2026 Fiscal Year to reflect increases in the facility reservation fees proportional to the increases reflected in the Memorandum of Updated Terms. 15. 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, June 4, 2024, June 18, 2024, and July 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 24-58 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 2. RESOLUTION 24-58 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 August 20, 2024 Meeting Agenda Page 12 of 14 qualifying for emergency assistance from Federal, State and local agencies in unknown amounts. 16. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDED JUNE 30, 2024 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. Fiscal Impact: No fiscal impact to receive and file the report. 17. LEGISLATIVE UPDATE Staff and the City's consultant Townsend Public Affairs have prepared a summary of state legislative activity. Recommendation: 1. Receive and file legislative updates prepared by Townsend Public Affairs 2. Receive and file the updated legislative matrix as of August 6 Fiscal Impact: There is no fiscal impact associated with this item. 18. CONTINUANCE REQUEST FOR FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 2022-0002 — THE JESSUP AT 17802 —17842 IRVINE BOULEVARD Development Agreement 2022-0002 is an agreement between the City of Tustin and Tustin 40 Development LLC. for the "The Jessup" residential project. The proposed amendment is a request to eliminate the owner's requirement to pay for the Voluntary Workforce Housing Incentive Program In -Lieu Fee in conjunction with the project. On July 9, 2024, the Planning Commission held a public hearing on the proposed request and adopted Resolution No. 4492, recommending that the City Council adopt Ordinance No. 1544 approving the first amendment to Development Agreement 2022-0002. Since the City Council meeting of August 20, 2024, will focus on discussion related to local reuse authority, staff is requesting that the item be continued to the next available City Council meeting. Recommendation: That the City Council continue the first amendment to Development Agreement (DA) 2022-0002 to the September 17, 2024, City Council meeting. Fiscal Impact: There is no fiscal impact associated with this item. City Council August 20, 2024 Meeting Agenda Page 13 of 14 19. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the attached Resolution will update the Executive Management and Management Salary Resolution to add a new classification of Deputy City Manager — Real Property. Recommendation: Adopt Resolution No. 24-49 to update the Executive Management and Management Salary Resolution. RESOLUTION NO. 24-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 23-50 Fiscal Impact: The annual salary range for Deputy City Manager — Real Property is $207,873 to $265,304; with benefits, the estimated annual cost to the City is approximately $260,000 to $330,000. The position is currently vacant and will not be filled until completion of the upcoming recruitment process. No additional budget appropriation is required at this time due to cost savings from various vacant positions. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, September 3, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council August 20, 2024 Meeting Agenda Page 14 of 14