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HomeMy WebLinkAboutCC MINUTES 08.20.24Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 CITY OF TUSTIN SPECIAL CLOSED SESSION AND REGULAR MEETINGS OF THE CITY COUNCIL i Ryan Gallagher, Mayor Pro Tern Letitia Clark, Council Member Austin Lumbard, Mayor Rebecca Gomez, Council Member Ray Schnell, Council Member 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 MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3062 at 4:30 p.m. ROLL CALL — City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tern Ryan Gallagher, and Council Member Ray Schnell Absent: Council Members Letitia Clark (arrived at 4:35 p.m. and Rebecca Gomez at 4:31 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 City Council will convene to discuss Items 1-5 as they appear on the agenda, including conference with its real property negotiators Aldo E. Schinder, 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. 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 August 20, 2024 Meeting Minutes Page 1 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 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 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 Council August 20, 2024 Meeting Minutes Page 2 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 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/Descri tion 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 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 Recessed at 4:31 p.m. MINUTES OF THE 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 at 7:00 p.m. City Council August 20, 2024 Meeting Minutes Page 3 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATION — Mayor Lumbard provided introductory remarks. IEM Representative Colin Cummings provided a PowerPoint regarding the Navy North Hangar Status update. Mayor Lumbard provided closing remarks. PUBLIC INPUT — 1. Pete Beatty CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no reportable action. 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 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. Mayor Lumbard and City Manager Aldo E. Schindler provided introductory remarks. The following organizations provided PowerPoint presentations: A. Orange County Rescue Mission - Homeless Accommodation — presented by Bryan Crain, President B. South Orange County Community College District - Advanced Technology Education Park — presented by Dr. Juliana Barnes, Chancellor; Ann -Marie Gabel, Vice Chancellor of Business Services; and Mary Opel, Executive Director of Facilities Planning City Council August 20, 2024 Meeting Minutes Page 4 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 C. Rancho Santiago Community College District - Sheriff Training Academy — presented by Tae Kim, Director of Facilities D. Tustin Unified School District - Elementary School PBC (Heritage Elementary) - Legacy Magnet Academy — presented by Harold Sullins, Chief Financial Officer and Tom Rizzuti, Director of Facilities and Planning E. City of Tustin - EDC Development - Community Park PBC (Veterans Sports Park) — presented by Ryan Swiontek, Acting Deputy Director of Economic Development and Kenneth Piguee, Senior Management Analyst Public Input - 1. Lulu J. It was moved by Mayor Pro Tern Gallagher and seconded by Council Member Clark, that the City Council, acting as the Local Reuse Authority for former Marine Corps Air Station Tustin, received presentations from entities responsible for development at former Marine Corps Air Station Tustin, and directed staff: 1. To schedule annual meetings of the Local Reuse Authority and include an online option for participants, 2. To return with options related to a standing committee focused on the Tustin Legacy and specific to City -owned property; and 3. To return with options for quarterly study sessions. Roll Call Vote — City Clerk Motion carried: 5-0 Fiscal Impact: There is no fiscal impact associated with this item. Recessed at 9:05 p.m. Reconvened at 9:19 p.m. CONSENT CALENDAR ITEMS 2-19 — PUBLIC INPUT FOR THE CONSENT CALENDAR — 1. Lulu J. Mayor Lumbard pulled Item No. 8. City Council August 20, 2024 Meeting Minutes Page 5 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 City Attorney David E. Kendig pulled Item No. 19. It was moved by Council Member Gomez and seconded by Mayor Pro Tem Gallagher to pull Items 8 and 19 and approve the balance as recommended by staff. Roll Call Vote — City Clerk Motion carried: 5-0 2. 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. 3. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 16, 2024. Motion: The City Council approved 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. Motion: The City Council approved 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. Motion: The City Council had 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 was no fiscal impact associated with this item. City Council August 20, 2024 Meeting Minutes Page 6 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 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). Motion: The City Council took the following actions: 1. Adopted 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. Authorized 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 was no fiscal impact associated with this item. 7. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBERS 430-251-23 AND 430-251-37 AS SURPLUS LAND 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. Motion: The City Council took the following actions: 1. Adopted 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. Authorized 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 did 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. City Council August 20, 2024 Meeting Minutes Page 7 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 8. EXTENSION AND AMENDMENT OF EXCLUSIVE NEGOTIATING AGREEMENT WITH CD -MS (TUSTIN) LLC FOR A PORTION OF TUSTIN LEGACY DISPOSITION AREA 8B 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 8B at Tustin Legacy for a senior congregate care facility project for an additional 180 days and waive any applicable extension deposits. It was moved by Mayor Lumbard and seconded by Council Member Gomez 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 Agreement extension deposit for the first 90-day period and give the City Manager discretion to exercise the second 90-day period. 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. Roll Call Vote — City Clerk Motion carried: 5-0 Fiscal Impact: Pursuant to the terms of the Exclusive Negotiating Agreement, all Exclusive Negotiating Agreement extensions requiring City Council approval require 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. City Council August 20, 2024 Meeting Minutes Page 8 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 Motion: The City Council reviewed and approved 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 was 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. Motion: The City Council took the following actions: 1. Adopted 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. Authorized 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 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 City Council August 20, 2024 Meeting Minutes Page 9 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 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. Motion: The City Council: 1. Awarded 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 authorized the Mayor and City Clerk to execute the contract documents on behalf of the City; and 2. Approved 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. Motion: The City Council: 1. Adopted Resolution No. 24-56 approving the plans and specifications for the South Hangar Vinyl Fence, Capital Improvement Project No. 10076; and 2. Authorized 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 City Council August 20, 2024 Meeting Minutes Page 10 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 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) Motion: The City Council authorized 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 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. Motion: Authorized 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 City Council August 20, 2024 Meeting Minutes Page 11 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 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. Motion: The City Council adopted 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 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. Motion: Received and filed. 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. City Council August 20, 2024 Meeting Minutes Page 12 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 Motion: 1. Received and filed legislative updates prepared by Townsend Public Affairs 2. Received and filed the updated legislative matrix as of August 6 Fiscal Impact: There was 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. Motion: The City Council continued the first amendment to Development Agreement (DA) 2022-0002 to the September 17, 2024, City Council meeting. Fiscal Impact: There was no fiscal impact associated with this item. 19. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES City Attorney David E. Kendig provided a verbal report: "The California Government Code requires that a verbal summary be provided before final action is taken on salaries, salary schedules, and compensation paid in the form of fringe benefits affecting a local agency executive as defined in State law. Item 19 on the agenda proposes a revision to the Executive Management and Management Salary Resolution. As it relates to local agency executives, the Resolution would create the new job classification of Deputy City Manager— Real Property, with an hourly salary range of $99.94 to $127.55 effective August 20, 2024. The position would carry with it standard Executive Management benefits, and the combined cost of the salary and benefits are estimated to be between $260, 000 to $330, 000 per year. There are no other changes proposed by Resolution 24-49. City Council August 20, 2024 Meeting Minutes Page 13 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 That concludes the verbal report required by the Brown Act. " It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Gallagher to adopt Resolution No. 24-49 to update the Executive Management and Management Salary Resolution. Roll Call Vote — City Clerk Motion carried: 5-0 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. City Manager, Aldo E. Schindler Gave an update regarding the Orange County Water District's Pipeline and Improvement Project underway in Old Town Tustin; reported the first phase of night work on Main Street will be completed by the end of the week; stated the Orange County Water District is completing the pipeline installation between C Street and Prospect Avenue; mentioned staff had worked with Orange County Water District to minimize the impacts to the Tustin community and businesses; announced the city had requested the Orange County Water District agree to a second phase of work occurring at night along Main Street between Newport Avenue and Prospect Avenue; reported the second phase would begin after Labor Day and would continue through October 10, 2024; stated staff would continue to share updates with the Tustin community through the city's social media platforms. Announced the City's Finance Department received the prestigious Excellence in Finance Reporting award from the Government Finance Officers Association for the 2023-2024 fiscal year and the 2023 Annual Comprehensive Financial Report; reported this was the City's 37th consecutive year receiving this award; thanked Jennifer King, Director of Finance, and the Finance Department for their fiscal professionalism. COUNCIL MEMBER COMMENTS AND REPORTS Council Member Gomez July 18 City Council August 20, 2024 Meeting Minutes Page 14 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 Attended a webinar sponsored by the Association of California Cities, Orange County (ACC- OC) and CalOptima; received updates on CalOptima services in Orange County. July 27 Attended the 99 Ranch Market grand opening event; it was a wonderful event; was well attended; encouraged everyone to visit the new market. July 31 Attended the Tustin Parks and Recreation Concert in the Park event; presented checks to the nonprofits from the Tustin's Street Fair and Chili Cook -Off with colleagues. August 3 Mentioned the CalOptima Back to School Resource Fair event; reported the following: • CalOptima's Tustin membership was 23,317, which represented nearly one-third of Tustin's population; and • The event had 5,224 attendees, was a record number for CalOptima health events; and • Many partners were in attendance; it was an opportunity to distribute essential back to school supplies and get resources; distributed 4,500 pairs of shoes, 1,500 backpacks with school supplies, 542 bike helmets, 1,000 CalOptima health hygiene kits, 1,000 boxes of food and 106 cases of diapers; and • Connected 21 families to different community partners for different resources; provided 101 vision screenings, 111 eyeglasses, 33 dental screenings, 55 haircuts and 23 sports physicals; assisted with 238 Medi-Cal and CalFresh applications; served 800 sandwich lunches, 2,000 energy bars, and 2,000 ice cream bars and 32 large boxes of pastries from Porto's Bakery and Cafe; reported there were many family -oriented things to do at the event; stated the obstacle course was supported by First 5 California and co -sponsored by the Orange County Department of Education; and • Thanked city staff who made this event possible; was a difficult event to organize. August 7 • Attended the Tustin Police Department Promotion and Swearing -In Ceremony; gave a welcome to our new officers and congratulated those who were promoted. • Attended the Chicano Collection/La Coleccion Chicana Art Exhibit event at the Old Orange County Courthouse in Santa Ana; it was a great exhibit; was a collaboration with the County of Orange and several school districts and was hosted by Orange County Supervisor, Second District, Vicente Sarmiento. • Attended the Tustin Area Fine Arts Council's Broadway in the Park event; it was a play presenting Grease. August 15 • Attended the Tustin Community Foundation's (TCF) Superheroes of Tustin Community Volunteer Recognition Luncheon; highlighted the following honorees: o Ken Higman was nominated by the Tustin Area Senior Center; mentioned Ken had been a welcomed addition to the Tustin Senior Advisory Board; stated his enthusiasm and care for the seniors is second to none; and City Council August 20, 2024 Meeting Minutes Page 15 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 o Jerry Craig, Deputy Director of Economic Development, was nominated by the Tustin Chamber of Commerce; stated Jerry worked on numerous projects and his commitment to the City of Tustin is unmatched; and o Nathan Yergin was nominated by the Tustin Community Foundation for his volunteerism to Tustin and to the TCF's activities; and o Mackenzie Newman, Senior Management Assistant, was nominated by the Tustin Police Department for tireless efforts and making sure projects that needed to be accomplished were done completely, timely and effectively; and o Carol Merritt was nominated by the Voices of Tustin for keeping the group going, especially during the pandemic and finding a new director; mentioned the Voices of Tustin regularly performed at community events; had the privilege of knowing Carol for many years when both were Parent-Teacher Association (PTA) presidents; and o Sissy Oberlin, Office Assistant, at Beckman High School; stated Sissy was the go -to person at Beckman not only for the faculty but also for the students; and o Reported many others who were recognized with certificates from the local elected leaders' offices; congratulated all the newly caped superheroes; thanked the honorees for all they do for the community and the residents. • Attended the Orange County Vector and Mosquito Control District's Policy and Procedure Committee meeting; discussed and recommended adoption of the District Strategic Plan and the Workplace Violence Prevention Plan; reported the entire committee met later and recognized 5 and 10 years of service to the trustees; received updates on vector operations and outreach activities; reported an uptick in vector -borne diseases, advised everyone to remove any standing water, use insect repellent, wear long sleeves and pants when outdoors in the evening. • Attended the Parks and Recreation Sunset Market event; reported the event continues to grow and become more popular each month; thanked city staff for organizing the event and the community for supporting the inaugural effort. Announced Kelly Cheng, an Olympic beach volleyball player, has her family in Tustin; stated the broadcast showed her family's reaction to the match; congratulated Kelly on a great Olympic performance. Congratulated Tustin restaurants, Taco Mesita on El Camino Real and Fonda Moderna Taqueria at the Mess Hall at FLIGHT for being recognized by the Los Angeles Times as one of the 101 Best Taco Places in L.A.; encouraged everyone to visit the restaurants. Announced Superior Property Services has been awarded the city's graffiti contract; stated she has known the Chief Executive Officer (CEO) for many years; he is a Tustin resident; stated is confident there will be a little extra pride and care in the execution of the contract. Shared the meeting is the same day as her wedding anniversary; relayed to her husband this would be her last anniversary that she would spend at the dais. Council Member Schnell City Council August 20, 2024 Meeting Minutes Page 16 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 Mentioned the only people in the audience were city staff, which is a testament to how much staff cares about the City; stated a lot of effort had gone into the meeting and staff worked tirelessly; thanked the Economic Development Department, Aldo E. Schindler, City Manager, Ryan Swiontek, Acting Deputy Director of Economic Development, and Ken Piguee, Senior Management Analyst; remarked the City Council is blessed to have staff that support the City and make it the best it can be. July 17 • Attended the Foothill/Eastern Transportation Corridor Agency (TCA) Ad Hoc Committee meeting; discussed the 241/91 Express connector project; mentioned the project would help alleviate traffic; reported construction would start in 2025; discussed traffic modeling to assess the best way to mitigate the flow of traffic during peak hours; the recommended action was to authorize payment of $300,000 to a consultant for dynamic pricing. • Attended Prestige Medical Group Ribbon Cutting ceremony event; reported the Prestige Medi Spa does aesthetic work such as clinical cosmetic procedures, injections, sculpting and more. July 18 Attended a meeting with Aldo E. Schindler, City Manager, and a developer to discuss the 17t" Street Lincoln Financial Center redevelopment; stated looking to do more housing in that area. July 25 Attended the Parks and Recreation Bark Barracks Groundbreaking ceremony event. August 15 Attended the Tustin Community Foundation's (TCF) Superheroes of Tustin Community Volunteer Recognition Luncheon; mentioned these individuals were doing great work in and around Tustin. Thanked city staff for all their hard work. Council Member Clark Thanked Erica Yasuda, City Clerk, and Carrie Woodward, Management Analyst II, for leading the Girls in Government event; stated the City had purchased blazers for every attendee and had 15 extra blazers; stated Erica Yasuda had reached out to Erin Nielsen Executive Director of the Tustin Community Foundation for ideas on where to donate the blazers; mentioned Erin suggested to donate the blazers to the Tustin High School Model United Nations (MUN) program; the program was very thankful for the donations; stated the girls in the MUN program often coordinate outfits to match during events, allowing the blazers, from Johnny Jeans, to work out perfectly; thanked Erica and Carrie for leading the donation effort; was happy to have joined in supporting the donation effort. City Council August 20, 2024 Meeting Minutes Page 17 of 18 Docusign Envelope ID: D34119FE-94EB-4DA5-9352-337201 1 C3A32 Mayor Pro Tem Gallagher Deferred comments to the next meeting. Mayor Lumbard Thanked city staff for their hard work that went into the meeting; the City Council appreciated their efforts. ADJOURNED at 9:41 p.m. 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. Signed by: AU NcLUMBARD, Mayor DS r- Signed by: i, (�asa. 6 E RTeADWYASU DA, City Clerk City Council Meeting Minutes August 20, 2024 Page 18 of 18