HomeMy WebLinkAbout03 CC MINUTES 7.16.24Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5
CITY 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
Agenda Item 3
Reviewed: Initial
City Manager a`LS
Finance Director N/A
JULY 16, 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 — #3061 at 5:32 p.m.
ROLL CALL — City Clerk
Present: Mayor Pro Tern Ryan Gallagher, Council Members Rebecca Gomez
and Ray Schnell
Absent: Mayor Austin Lumbard and Council Member Letitia Clark (arrived at
5:36 p.m.)
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 in
Closed Session to discuss Items 3,4,5 and 6 as they appear on the agenda with Labor
Negotiators Peter Brown, Liebert Cassidy Whitmore, and Derick Yasuda, Director of Human
Resources, and Real Property Negotiators on Item 6 Jerry Craig, Deputy Director of
Economic Development and Ken Piguee, Senior Management Analyst.
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)
City Council July 16, 2024
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2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. LABOR NEGOTIATIONS — [Government Code § 54957.6]:
Agency
Derick Yasuda, Director of Human Resources and Peter Brown,
Negotiators:
Liebert Cassidy Whitmore
Employee
Tustin Municipal Employees Association (TMEA)
Organization:
Employee
Tustin Police Officers Association —Management Unit (TPMA)
Organization:
Employee
Tustin Police Officers Association —Officer Unit (TPOA)
Organization:
Employee
Tustin Police Support Services Management Association (TPSSMA)
Organization:
Employee
Tustin Police Support Service Association (TPSSA)
Organization:
Employee
Unrepresented Confidential Employees
Organization:
Employee
Unrepresented Supervisory Employees
Organization:
Employee
Unrepresented Executive Management and Management
Organization:
Employees
Employee
Unrepresented Part -Time Employees
Organization:
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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code § 54956.9(a): (1 case)
A. Socorro Mateus v. City of Tustin - Case Number 30-2023-01353322-CU-PP-CJC
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Government Code §
54956.8
A.
Property
APN 430-283-10, 430-283-22, 430-283-23, 430-283-
Address/Description
29, 430-283-30, 430-283-32, 430-283-35, 430-283-
37
Agency
City of Tustin
City Negotiators
Jerry Craig, Deputy Director of Economic
Development, and Kenneth Pi uee, Senior
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Management Analyst
Negotiating Parties South Orange County Community College District
Under Negotiation Price and Terms of Payment
Recessed at 7:04 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3061 at 7:04 p.m.
INVOCATION - Deacon Bill Weeks, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Gallagher
PUBLIC INPUT —
1. Susan Keefe (Zoom)
2. Lana Clay (Zoom)
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-10
PUBLIC INPUT FOR THE CONSENT CALENDAR -
1. Susan Keefe (Item 10) (Zoom)
2. Lana Clay (Item 6) (Zoom)
Council Member Gomez requested to pull Item 10.
It was moved by Council Member Gomez and seconded by Council Member Schnell to pull
Item 10 and approve the balance as recommended by staff.
Roll Call Vote — City Clerk
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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 REGULAR MEETING OF THE CITY COUNCIL
HELD ON JUNE 18, 2024.
Motion: The City Council approved the Action Minutes of the City Council Meeting
held on June 18, 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 $1,060,032.12 and
$996,145.48 and Demands in the amount of $5,659,173.48.
4. LEGISLATIVE UPDATE
Staff and the City's consultant Townsend Public Affairs have prepared a summary of
state legislative activity.
Motion:
1. Took an OPPOSE UNLESS AMENDED position on Assembly Bill (AB) 2557
(Ortega) Local agencies: contracts for special services and temporary help
2. Received and filed the updated legislative matrix as of July 1
3. Received and filed legislative updates prepared by Townsend Public Affairs
Fiscal Impact: There was no fiscal impact associated with this item.
5. AUDIT COMMISSION APPOINTMENT
Council direction is needed to fill (1) one vacancy on the Audit Commission.
Motion: The City Council appointed Lillyan Chandler to the Audit Commission as
recommended by Mayor Lumbard and Council Member Clark.
City Council July 16, 2024
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Fiscal Impact: There was no fiscal impact associated with this item.
6. 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, and June 18, 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 24-50 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 6.
RESOLUTION 24-50
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 was 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.
7. AWARD OF CONTRACT FOR VANDENBERG WELL REHABILITATION
PROJECT (CIP NO. 60177)
Vandenberg Well is one of the City's nine active groundwater wells. Vandenberg Well
was last rehabilitated in 2010 and is due for rehabilitation. The City retains a list of
three prequalified well and pump contractors and requested proposals from each.
Three proposals were received with General Pump Company as the lowest
responsible bidder.
Motion: The City Council awarded a construction contract in the amount of $671,440
for the Vandenberg Well Rehabilitation Project (CIP No. 60177) to General Pump
Company as the lowest responsible bidder and authorized the Mayor and City Clerk
to execute the contract documents on behalf of the City.
Fiscal Impact: Sufficient funds were appropriated in the Fiscal Year 2024-2025
Capital Improvement Program for the rehabilitation of Vandenberg Well from the
2024 Water Bond Fund (Fund 307).
City Council July 16, 2024
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8. ADOPT RESOLUTION 24-51, AUTHORIZING
DESIGNEE, TO EXECUTE ALL PERMANENT
DOCUMENTS
THE CITY MANAGER, OR THEIR
LOCAL HOUSING ALLOCATION
The Tustin Housing Authority is seeking City Council authorization for the City
Manager, or their designee, to execute all Permanent Local Housing Allocation
(PLHA) documents as required by the State of California Department of Housing and
Community Development (HCD).
Motion: The City Council adopted City Council Resolution 24-51, authorizing the
City Manager, or their designee, to execute all PLHA documents as required by HCD.
RESOLUTION NO. 24-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL
REQUIRED PERMANENT LOCAL HOUSING ALLOCATION DOCUMENTS
Fiscal Impact: In FY 2024-25, the City will receive $330,525 in PLHA funds. The
allocation will partially fund the Tustin Temporary Emergency Shelter.
9. ADOPT RESOLUTION NO. 24-52 TO ACCEPT IMPROVEMENTS FOR THE
ALLEY GROVE PROMENADE PROJECT, CIP NO. 20084 AND AUTHORIZE THE
CITY ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Alley Grove Promenade Project in Tustin Legacy (CIP No.
20084), has been completed to the satisfaction of the City Engineer and is now ready
for City Council acceptance.
Motion: The City Council took the following actions:
Adopted Resolution No. 24-52 accepting the construction of the Alley Grove
Promenade Project (CIP No. 20084); and
2. Authorized the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 24-52
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 ALLEY
GROVE PROMENADE PROJECT (CIP NO. 20084)
Fiscal Impact: The final construction cost for the Alley Grove Promenade Project
(CIP No. 20084) is $3,149,175.44. Sufficient funds were budgeted and appropriated
in the Capital Improvement Program with additional funds appropriated at time of
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contract award. The project is funded through a combination of MCAS Backbone
Infrastructure Fee Fund (Fund 187) and Land Sale Proceeds Fund (Fund 189).
10. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED
"TALKING TRASH: RECYCLABLES AND ORGANIC WASTE"
Response to the June 11, 2024, Orange County Grand Jury Report entitled "Talking
Trash: Recyclables and Organic Waste".
Council Member Gomez requested staff to provide more information to the
community regarding what types of items go in the appropriate bins.
It was moved by Council Member Gomez and seconded by Council Member Clark
to approve the attached response to the Orange County Grand Jury, authorize the
Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to
submit the response.
Roll Call Vote — City Clerk
Motion carried: 4-0
Fiscal Impact: There was no fiscal impact associated with this item.
PUBLIC HEARING ITEM 11
11. INTRODUCTION AND APPROVAL
TUSTIN POLICE DEPARTMENT
EQUIPMENT USE POLICY
OF ORDINANCE NO. 1545 APPROVING
GENERAL ORDER 708 - MILITARY
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 report outlines staff's work in
complying with the new law and recommends the introduction of an ordinance
approving the Department's continued utilization of this equipment and a policy
governing the Department's use of the equipment outlined in Tustin Police
Department General Order 708 — Military Equipment Use Policy.
Public Hearing opened at 7:24 p.m.
Public Input — None
Public Hearing closed at 7:25 p.m.
It was moved by Council Member Gomez and seconded by Council Member Clark
to introduce Ordinance No. 1545 (Attachment 1) approving Tustin Police Department
General Order 708 — Military Use Equipment Policy, in compliance with AB 481 by
reading of the title only and waive further reading.
City Council July 16, 2024
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Roll Call Vote - City Clerk
Motion carried: 4-0
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: No significant fiscal impacts were anticipated other than additional
staff time to prepare and present future items in compliance with AB 481.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager, Aldo E. Schindler
Provided an update regarding California's Senate Joint Resolution 13, a joint resolution by
the California Senate and Assembly which requested $100 million in additional funding from
the Federal Government to the Navy for the Navy North Hangar Fire; additionally the
resolution urged President Joseph R. Biden to declare a national emergency related to the
fire impacts; the resolution was approved by the remaining State Assembly on July 1, 2024;
grateful to California Senator Josh Newman for carrying the resolution; thankful to Mayor
Austin Lumbard and the City Councilmembers for their presence in seeking additional
financial resources for the community.
Announced the City is launching a Business Concierge Program where the Economic
Development team will work in partnership with the Community Development and Public
Works team; the City's permitting entities will work together to assist Tustin businesses and
form a quasi -one stop entry for the businesses to move quicker through the city's process;
announced the program will start in the next few weeks; will communicate the program to
the City Council and then develop a marketing plan for the business community.
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Schnell
June 20
• Attended the Tustin Public Schools Foundation (TPSF) Summer Academy tour
event; was amazed by how much work and dedication goes into this summer school
program; reported about 1,250 students participated in 2000 sessions including: Fast
Forword Kindergarten, leadership, photography, cooking, and music; stated the
program has been in effect for thirteen years; is an amazing program.
Attended the Parks and Recreation Sunset Market event in Old Town Tustin; was a
great event; thanked Chad Clanton, Director of Parks and Recreation, as well as the
Parks and Recreation staff for an amazing job.
City Council July 16, 2024
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June 21
Attended a lunch meeting with the developer, PRES Company; reported City Manager, Aldo
E. Schindler will have further conversations with the developer to explore the public/private
partnerships; thanked City Manager, Aldo E. Schindler, for being responsive to the meeting.
.limp 9d
Attended the Ribbon Cutting of Big Blue Swim School at the Tustin Market Place; an
amazing swim safety facility for three (3)-month-old to twelve (12)-year-old children.
June 25
Attended the Orange County Chief Executive Officers (CEO) Roundtable meeting; stated
the meeting's purpose was to have an engaging, respectful conversation about Orange
County voters; reported Orange County almost has an equal blend of Republicans,
Democrats and American Independents.
June 26
Attended the Foothill/Eastern Transportation Corridor Agency (TCA) Joint Capital Programs
meeting; discussed the Saddle Club Preservation Property project; reported this project will
conserve the natural habitat and will pilot a project for recreational activities into a walking
trail.
July 9
Spoke at the Tustin Chamber of Commerce, Tustin Economic Development Committee
meeting; provided insight on the City's strategic plan and economic development growth in
Tustin.
July 10
Attended the Tustin Chamber of Commerce Board meeting with Deputy Director of
Economic Development, Jerry Craig; reported the City of Tustin is helping to revitalize the
Chamber of Commerce to make it a viable organization in supporting growth and expansion
of businesses in and around Tustin.
Council Member Clark
July 4
• Attended the Tustin Meadows Fourth of July Parade; thanked the Tustin Meadows
Homeowners Association (HOA) for a great parade.
• Attended the Tustin Parks and Recreation Fourth of July Celebration event at Tustin
High School; thanked Chad Clanton, Director of Parks and Recreation, and the Parks
and Recreation Department for a great job on the event; is appreciative of a safe and
fun event year after year.
Attended the Tustin Boys and Girls Club with Vice Chair of the Orange County Fair Board,
Barbara Bagneris; announced they gave away over 100 tickets to the Orange County Fair
for the children and families of the Boys and Girls Club.
City Council July 16, 2024
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July 13
Read Mommy is the Mayor at the first Orange County Book Fair held in Old Town Tustin;
reported the event was spearheaded by Tustin's local Arvida Book Store, the One Seed
Community Garden; was well attended; thanked city staff and the Parks and Recreation
staff for a well -organized event; reported the City of Tustin is doing great things to make the
summer fun.
Council Member Gomez
Reported Tustin Effective Apartment Managers (TEAM) luncheon was canceled due to the
Juneteenth holiday; will be rescheduled.
June 20
Attended the Orange County Mosquito and Vector Control District Policy and Personnel
Committee meeting; reported the following:
• Reviewed and revised two job descriptions to reflect the current practice; developed
steps for the jobs for recruitment and retention; reported all seasonal staff have been
trained and are now in the field; and
• Reported there's significant West Nile Virus activity in the surrounding counties; also
reported the dengue epidemic is occurring in South America and Puerto Rico; the
Orange County Mosquito and Vector Control District is preparing for a busy mosquito
season and an increase in mosquito borne diseases; reminded everyone to empty
any standing water; and
• Announced National Mosquito Control Awareness Week was held June 16 — 22,
2024; stated the Orange County Mosquito and Vector Control District held several
outreach events throughout the week to help highlight the efforts of vector control.
June 30
Volunteered at the Tustin Meadows Pancake Breakfast event.
July 4
• Attended the Tustin Meadows Parade with council colleagues; was a fun event.
• Attended the Tustin Parks and Recreation Fourth of July Celebration event at Tustin
High School; was well attended; was a fun and safe event.
July 11
Attended the Tustin Senior Advisory Board meeting; reported the following:
• The Senior Center will be closed for maintenance between August 22-September 2,
2024; and
• Senior Advisory Board retreat is tentatively planned for October 10, 2024; and
• Announced the Board is still seeking additional surveys on the needs assessment;
reported the feedback gained through this survey will help with programming and
budgeting for the upcoming year; and
• Received information on the Elder Law and Disability Rights Center; and
• Spoke with the Meals on Wheels President and CEO, Holly Hagler; discussed
numbers pre-COVID versus now; stated the numbers are at about 90% of pre -
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COVID rates but city staff are working to increase the numbers; reported eighty (80)
people were served with congregate meals in fiscal year 2018/2019; reported
seventy-two (72) people were served with congregate meals in fiscal year
2023/2024; the Tustin Senior Center is working to encourage individuals to utilize
the meal service; reported each person who calls for the Meals on Wheels service
is assessed for nutritional risk and activities of daily living that might limit their ability
to shop and cook for themselves; they are always able to service those individuals
who are assessed at priority one; based on the availability of funding, they create a
waitlist for people who are assessed at priority two; priority two individuals are those
who have a temporary need; reported in fiscal year 2018/2019, twenty-five (25)
people were being served daily; in May 2024 it was reported that only seventeen
(17) individuals were being served with fifteen (15) people on the waitlist; the Senior
Center is continuing to increase those numbers; reported the Senior Center Board
is looking to serve 125 people for the congregate meals and raise the home delivery
meals to 20 individuals per day; stated is important for Community Development
Block Grant (CDBG) funding to meet the needs of Tustin's food insecure seniors.
July 13
Attended the Orange County Book Fair held in Old Town Tustin; was honored to introduce
local authors, T. Jefferson Parker and Barbara DeMarco-Barrett; mentioned T. Jefferson
Parker is a Tustin High School and University of California, Irvine graduate and has
published several novels; his first novel was Laguna Heat which was made into a movie;
stated his favorite book is California Girls, which is centered in Tustin; thanked Sam
Robertson, owner of Arvida Book Store, for her vision in organizing the event to bring many
local authors and book stores to Tustin for the event; was very impressed with the event
and thanked the Parks and Recreation Department for helping to organize the event.
Thanked the Parks and Recreation Department for organizing the Sunset Market and the
Concerts in the Park events; both were well attended; stated the community enjoys coming
out to spend time together during the summer evenings.
Mayor Pro Tem Gallagher
July 4
• Attended the Tustin Meadows Parade.
• Attended the Tustin Parks and Recreation Fourth of July Celebration event at Tustin
High School.
July 13
Attended the Orange County Book Fair held in Old Town Tustin; stated Tustin is fortunate
to have Sam Robertson, owner of Arvida Book Store, as part of the Tustin community;
thanked city staff for working with outside community groups to bring more events to Tustin;
thanked the Parks and Recreation Department for helping to organize such a great event;
hopeful for the event to become an annual event.
Stated the Council recently voted on water rate increases; reported the Council asked for
City Council July 16, 2024
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the staff to find cost savings with the Irvine Ranch Water District and the East Orange
County Water District; reported the City is now taking receipt of groundwater from the East
Orange County Water District as part of a transfer; spoke to the General Manager of the
East Orange County Water District stated he was complimentary of Acting Director of Public
Works, Michael Grisso; thanked city staff for finding a way to partner with other agencies.
Announced the Centennial Park improvements have received grant funding; stated the park
will be shut down for a year for the improvements; asked city staff to place additional signage
to communicate why the park is shut down for a year.
ADJOURNED at 7:46 p.m. The next meeting is scheduled on Tuesday, August 6, 2024, for
the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council July 16, 2024
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