The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 10.15.24CITY OF TUSTIN MEETING OCTOBER 15, 2024 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN f COUNCIL CHAMBER VIDEO CONFERENCE r Ryan Gallagher, Mayor Pro Tern Letitia Clark, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk Ray Schnell, Council Member 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 October 15, 2024 Meeting Agenda Page 1 of 8 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 October 15, 2024 Meeting Agenda Page 2 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3065 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): (1 case) A. Martinez v City of Tustin, Case No. 30-2023-01338999-CU-PA-WJC 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Government Code § 54956.8: (1 case) A. Property Address/Description 430-272-04, 430-272-12, 430-272-14, 430- 272-24, 430-272-27, 430-272-28 Agency City of Tustin City Council October 15, 2024 Meeting Agenda Page 3 of 8 City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Deputy Director of Real Property; Kenneth Pi uee, Real Property Manager Negotiating Parties Topgolf International Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3065 INVOCATION - Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Gallagher PRESENTATIONS — o Orange County Sanitation District Sewer and Reclamation Services for the City of Tustin o Legacy Pedestrian Bridges 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 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 1 - 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council October 15, 2024 Meeting Agenda Page 4 of 8 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. 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 1, 2024. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on October 1, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $1,214,190.82 and Demands in the amount of $8,783,444.44. 4. 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, and August 20, 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- 74 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 24-74 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. City Council October 15, 2024 Meeting Agenda Page 5 of 8 5. AWARD OF CONTRACT FOR THE SOUTH HANGAR SECURITY PROJECT Bids for the South Hangar Vinyl Fence Project — Project No. 10076 to enhance security measures for the South Hangar, have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder, Dash Construction Company, Inc. Recommendation: It is recommended that the City Council award the construction contract to Dash Construction Company, Inc., the lowest responsive/responsible bidder, in the amount of $1,428,376.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Fiscal Impact: Sufficient funds have been budgeted in the FY 2024-25 Capital Improvement Program budget for the South Hangar Vinyl Fence Project — Project No. 10076. Project expenditures include: • Construction Contract - $1,428,376.00 • Construction Contingency - $100,000.00 • Architectural Support Quality Assurance/Quality Control - $2,000.00 • Deputy Inspection and Materials Testing - $5,000.00 • Estimated Expenditures - $1,535,376.00 6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1552 — AMENDING THE PURCHASING POLICY AND PROCEDURES Adoption of Ordinance No. 1552 amends the Purchasing Policy and Procedures as outlined in the Tustin City Code sections 1621-1630. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1552. ORDINANCE NO. 1552 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPLACING AND SUPERSEDING ARTICLE 1, CHAPTER 6, PART 2 OF THE TUSTIN CITY CODE REGARDING THE CITY PURCHASING SYSTEM Fiscal Impact: There is no fiscal impact associated with this item. 7. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT — QUARTER ONE AND QUARTER TWO, 2024 This agenda report transmits the John Wayne Airport Noise Abatement Quarterly Report for the first and second quarters of 2024. The City of Tustin is within the John Wayne Airport's "Noise Impact Area" since it has the potential to be exposed to an average Community Noise Equivalent Level of more than 65 decibels. Community City Council October 15, 2024 Meeting Agenda Page 6 of 8 Noise Equivalent Level is a weighted average of noise levels over a 24-hour period, and is a measurement frequently used in regulating the impacts of airport noise on the surrounding community. The average noise level measured at Tustin's monitoring station, which is located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained below the City, County, and State maximum criteria during the first and second quarter reporting periods. Recommendation: That the City Council receive and file this report. Fiscal Impact: There is no fiscal impact associated with this item. 8. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) 320 W. MAIN STREET The Mills Act is a State program that provides property tax relief to owners of qualified historic properties who agree to comply with preservation restrictions and maintain and preserve the property for a minimum of ten years. If approved by the City Council, the execution of the attached Mills Act contract (Historic Property Preservation Agreement) for the preservation and rehabilitation of a qualified historic property located at 320 W. Main Street would provide the property owner with some tax relief. Recommendation: That the City Council adopt Resolution No. 24-75 (Attachment 1) authorizing the execution of the Historic Property Preservation Agreement (Exhibit A of Attachment 1) for the property located at 320 W. Main Street in the State's Mills Act Program. RESOLUTION NO. 24-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY LOCATED AT 320 W. MAIN STREET, TUSTIN, CALIFORNIA Fiscal Impact: The execution of the Historic Property Preservation Agreement would reduce the property owner's property tax payment by approximately $9,058.00 annually and proportionately reduce the City's share of the property tax revenue for the property. Property tax revenue loss to the City would be minimal. REGULAR BUSINESS 9. YEAR-END UPDATE FOR FISCAL YEAR 2023-2024 This report provides the City Council with an update of the Fiscal Year 2023-2024 preliminary operating results based on actual year-end revenues and expenditures. General Fund operating revenues are approximately $4.5 million higher than the amended budget, whereas General Fund expenditures are approximately $2.2 million lower than the amended budget. City Council October 15, 2024 Meeting Agenda Page 7 of 8 The General Fund reserves, excluding impact of the North Hangar Fire Incident, are expected to be at $30 million as of June 30, 2024 (or 32% of the General Fund's operating expenditures). This reserve level exceeds the City Council's target reserve policy of 20%. Recommendation: It is recommended that the City Council: 1. Receive and file this report; 2. Approve supplemental appropriations incurred to operate various City programs and services and related General Fund transfers identified in this report; and 3. Approve appropriations for carryover purchase orders identified in this report. Fiscal Impact: There are sufficient revenues or reserves in respective funds to fund the supplemental appropriations, transfers, and carryover appropriations identified in this report. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF MARIO MEDINA ADJOURNMENT - The next meeting is scheduled on Tuesday, November 5, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council October 15, 2024 Meeting Agenda Page 8 of 8