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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 Meeting Minutes Page 1 of 12 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 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 City Council July 16, 2024 Meeting Minutes Page 2 of 12 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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 City Council July 16, 2024 Meeting Minutes Page 3 of 12 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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 Meeting Minutes Page 4 of 12 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 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 Meeting Minutes Page 5 of 12 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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 City Council July 16, 2024 Meeting Minutes Page 6 of 12 Docusign Envelope ID: 894C1C3C-2C3E-4BFD-9DB8-1D23481F1D15 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 Meeting Minutes Page 7 of 12 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 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 Meeting Minutes Page 8 of 12 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 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 Meeting Minutes Page 9 of 12 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 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 - City Council July 16, 2024 Meeting Minutes Page 10 of 12 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 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 Meeting Minutes Page 11 of 12 Docusign Envelope ID: 894C1 C3C-2C3E-4BFD-9DB8-1 D23481 F1 D1 5 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 Meeting Minutes Page 12 of 12