HomeMy WebLinkAbout02 CC MINUTES 10-15-24Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
Agenda Item 2
Reviewed: Initial
City Manager a`�S
Finance Director N/A
CITY OF TUSTIN MEETING
OCTOBER 15, 2024
OF THE CITY COUNCIL
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Ryan Gallagher, Mayor Pro Tem
Letitia Clark, Council Member Austin Lumbard, Mayor
Aldo E. Schindler, City Manager
Rebecca Gomez, Council Member
Erica N. Yasuda, City Clerk
Rav Schnell, Council Member
David E. Kendia. Citv Attorney 11
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3065 at 5:30 p.m.
ROLL CALL — City Clerk
Present: Mayor Pro Tern Ryan Gallagher, Council Members Letitia Clark,
Rebecca Gomez and Ray Schnell
Absent: Mayor Austin Lumbard
City Clerk: Erica N. Yasuda, City Clerk
Others Present: Michael Daudt, Deputy City Attorney; Aldo E. Schindler, City Manager
PUBLIC INPUT — None
CLOSED SESSION UPDATE — Deputy City Attorney Michael Daudt: The Council will
convene to discuss Items 1-5 as they appear on the Closed Session Agenda.
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)
City Council October 15, 2024
Meeting Minutes Page 1 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
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
430-272-04, 430-272-12, 430-272-14, 430-
Address/Description
272-24, 430-272-27, 430-272-28
Agency
City of Tustin
City Negotiators
Aldo E. Schindler, City Manager; Nicole
Bernard, Assistant City Manager; Ryan
Swiontek, Deputy Director of Real Property;
Kenneth Piguee, Real Property Manager
Negotiating Parties
Topgolf International
Under Negotiation
Price and Terms of Payment
Recessed at 5:32 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3065 at 7:01 p.m.
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Gallagher
PRESENTATIONS —
Orange County Sanitation District General Manager provided a PowerPoint presentation
regarding Sewer and Reclamation Services for the City of Tustin.
City Council October 15, 2024
Meeting Minutes Page 2 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
Director of Public Works Mike Grisso provided a PowerPoint presentation regarding Legacy
Pedestrian Bridges.
PUBLIC INPUT —
1. Marie Luebbers (In -person)
2. Leslie Cox (In -person)
3. Philip Cox (In -person)
4. Lana Clay (In -person)
5. Greg Hammond (In -person)
6. Nicole Aragon (In -person)
7. Susan Keefe (In -person)
8. Deniz Erkan (Zoom)
9. David Sanborn (Zoom)
10. Costin and Roman Tuculescu (Zoom)
11.Tina Diep (Zoom)
12. Sherry and Nathan Sanborn (Zoom)
CLOSED SESSION REPORT — Deputy City Attorney Michael Daudt: The City Council
took no reportable action.
CONSENT CALENDAR ITEMS 1-8 —
PUBLIC INPUT FOR THE CONSENT CALENDAR —
1. Susan Keefe (In -person regarding Item No. 5)
Council Member Clark requested to pull Item No. 5.
It was moved by Council Member Schnell and seconded by Council Member Gomez to pull
Item 5 and approved the balance as recommended by staff.
Roll Call Vote — City Clerk
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 OCTOBER 1, 2024.
City Council October 15, 2024
Meeting Minutes Page 3 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
Motion: The City Council approved 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.
Motion: The City Council approved 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.
Motion: The City Council adopted 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 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.
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.
City Council October 15, 2024
Meeting Minutes Page 4 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
Council Member Clark inquired whether it was possible to continue the item to a
future meeting to research the material.
Public Input — Andrew Kauffman, Dash Construction Company, Inc.
It was moved by Mayor Pro Tern Gallagher and seconded by Council Member
Schnell that the City Council awarded the construction contract to Dash Construction
Company, Inc., the lowest responsive/responsible bidder, in the amount of
$1,428,376.00, and authorized the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
Roll Call Vote — City Clerk
Motion carried: 4-0
Fiscal Impact: Sufficient funds were budgeted in the FY 2024-25 Capital
Improvement Program budget for the South Hangar Vinyl Fence Project — Project
No. 10076.
Project expenditures included:
• 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.
Motion: The City Council had 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 was no fiscal impact associated with this item.
7. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT —
QUARTER ONE AND QUARTER TWO, 2024
City Council October 15, 2024
Meeting Minutes Page 5 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
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
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.
Motion: The City Council received and filed this report.
Fiscal Impact: There was 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.
Motion: The City Council adopted 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
Director of Finance Jennifer King provided a PowerPoint presentation.
City Council October 15, 2024
Meeting Minutes Page 6 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
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.
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%.
Public Input.— None
It was moved by Mayor Pro Tern Gallagher and seconded by Council Member
Schnell that the City Council:
1. Received and filed the report;
2. Approved supplemental appropriations incurred to operate various City
programs and services and related General Fund transfers identified in this
report; and
3. Approved appropriations for carryover purchase orders identified in this report.
Roll Call Vote — City Clerk
Motion carried: 4-0
Fiscal Impact: There were 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
City Manager, Aldo E. Schindler
Reported building permits have been issued for the new Kia auto dealership at the Tustin
Auto Center; construction on the dealership is expected to begin soon and will be located
next to the existing Tustin Mazda dealership; stated the new dealership will be the first
Kia dealership in Tustin.
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Schnell
October 5
Attended the Parks and Recreation Tustin Tiller Days Pancake Breakfast and Parade
City Council October 15, 2024
Meeting Minutes Page 7 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
event; was a fantastic event; thanked city staff for a wonderful event.
OrtnhPr R
Attended the Tustin Police Department Citizens Academy Graduation event with Council
Member Gomez; reported 23 graduates; stated was amazing to learn the different
aspects of the Tustin Police Department; reported the Citizens Academy is an important
part of community policing as it helps enhance safety.
October 9
Attended the Tustin Chamber of Commerce Board meeting.
October 10
• Attended the Foothill/Eastern Transportation Corridor Agency (TCA) Joint meeting
with the Board of Directors; reported the following key issues:
o The budget status; showed positive results due to accelerated prepayment
bond obligations and lower than forecast expenses; and
o The toll roads served almost 94,000,000 roadway transactions; and
o Approved a three-year contract for state advocacy services with The Apex
Group; reported the contract will focus on helping TCA achieve national
interoperability and navigating state regulations; and
o TCA was awarded a Rose Award by the Orange County Taxpayer
Association in recognition of good financial management; recognized the
$200 million pay down in 2025 and the $1.39 billion in interest savings and
principal paydown since 2019.
• Attended the Comfort Keepers Ribbon Cutting event; welcomed the in -home
memory care business to Tustin after their relocation from Orange.
October 11
Attended the Tustin American Legion Post 227 meeting at Mimi's Cafe.
nrtnhar 1.r,
• Attended the Foothill/Eastern Transportation Corridor Agency (TCA) 241/91
Policies and Ad Hoc Agreements meeting; received an update on the 241/91
Express Connector will start in late 2025 and finish in 2028; the Express Connector
will help with mobility with the rush of traffic between the 241 to 91 Express Lanes;
provided input on the optimal traffic demand management options, including
dynamic pricing, toll meters and high -occupancy vehicle (HOV) to optimize traffic
flow during peak hours.
Council Member Clark
Stated in response to Measure II, she has been a strong supporter of community
engagement and making it easier for people to run for office and win; believes Measure
II, would extend term limits making it more difficult for new candidates to be elected;
mentioned she supported council pay, supported redistricting, and supported the
separately elected mayor because of accessibility and inclusivity; she voted against
Measure II and included an opposing statement on the ballot.
City Council October 15, 2024
Meeting Minutes Page 8 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
Condemned the negative campaigning that has been taking place in Tustin; stated
T.J. Prendergast, a government teacher at Beckman High School, often sends his
students to Tustin City Council meetings because the Tustin City Council is civil, and able
to have discourse that is cordial and collegial; believes the City Council sets the tone for
the residents and the community; she has been on the receiving end of negative ads in
the past; encouraged candidates to condemn negative activity during their campaigns.
Emphasized the word "us" is in Tustin; it is a great reminder that Tustin can come together
and stick together in times where we see the nation being divided; Tustin can be different;
encouraged everyone to promote democracy, condemn negativity and encouraged
everyone to be involved and engaged because this is us, this is Tustin.
Council Member Gomez
October 4
Attended the Parks and Recreation Tustin Tiller Days Kick -Off event; enjoyed the option
of the Tiller Days bucks to get Tiller Days swag; appreciated the thought and the new
ideas for the event.
October 5
Attended the Parks and Recreation Tustin Tiller Days Pancake Breakfast and Parade
event; was a fun event; the weather was perfect; received many positive comments about
the Brewfest; thanked all the volunteers and staff that made the event a success.
October 8
Attended the Tustin Police Department Citizens Academy Graduation event; stated was
a nice event to recognize the volunteers who dedicated their time and energy to
understand police procedures; mentioned the volunteers will be the city's advocates; was
nice to honor them; appreciated the officers that organized and contributed to the various
sessions.
Announced the following Orange County Public Library updates:
• Stated the Orange County Public Library is partnering again with In-N-Out Burger
to present the Cover to Cover Reading program; the program is designed to
promote and celebrate reading; is open to children ages 4 to 12 years old; will run
Saturday, October 5, 2024, through Saturday, November 16, 2024; participating
children will receive a reading log to keep track of the books they read, and once
a child has read five books or read for 300 minutes, they can visit their local library
branch to receive an achievement award and a card redeemable for a free
hamburger or cheeseburger at any In-N-Out Burger location.
• Reported A Slice of Literary Orange is a series featuring keynote speakers
throughout the year at various venues across the county; announced Stephanie
Wrobel, author of the new thriller The Hitchcock Hotel, will speak at the Foothill
Ranch Library on October 16, 2024, at 6:30 p.m.; announced Christopher Paolini,
author of The Inheritance Cycle, will speak at the Clifton C. Miller Center in Tustin
City Council October 15, 2024
Meeting Minutes Page 9 of 10
Docusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
on Monday, October 21, 2024, at 6:00 p.m. as part of his Murtagh Deluxe Edition
tour.
Emphasized the importance of voting in the upcoming election; mentioned voting ballots
have been sent out; she agrees with many of the comments made by Council Member
Clark; urged voters to research the candidates, review their websites, and study the
California propositions and measures that could affect the city and school district;
expressed distress over the negative and divisive tone of local elections; mentioned she
was the recipient of negative attacks in previous campaigns; referenced Tustin's
recognition as one of the best places to live for families; encouraged all to not forget this
designation and keep Tustin a great place to live; negativity impacts the community; if
someone in a campaign is spreading negativity, please denounce it; if we are silent we
are complicit in the negativity; Tustin needs leaders who will work for the community, not
divide it; asked voters to look at Measure II, read the ballot statements and read the
information; she did not support Measure II; believes opportunities should exist for
members of the community to run for office, and with districting this makes it easier;
encouraged everyone to vote by Tuesday, November 5, 2024.
Mayor Pro Tem Gallagher
Thanked city staff for the hard work on the Parks and Recreation Tustin Tiller Days event;
was a huge event that is a major undertaking; thanked everyone for the extra hours to
make the event a fun and safe experience; this event is important to the Tustin community
and its efforts are recognized.
Attended two different groundbreaking ceremonies; stated is uplifting to see these
projects go from vacant lands converted into more property tax, more sales tax and quality
of life; the groundbreaking ceremonies were for housing and business projects;
Advantech is one of the new companies that will bring 400 high -paying jobs to the City of
Tustin; excited to be a part of the projects; is looking forward to a lot more coming soon.
ADJOURNED IN MEMORY OF MARIO MEDINA
ADJOURNED at 9:26 p.m. 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 Minutes Page 10 of 10