HomeMy WebLinkAbout00 CC AGENDA 12.3.24CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Ryan Gallagher, Mayor Pro Tern
Letitia Clark, Council Member
Rebecca Gomez, Council Member
Ray Schnell, Council Member
Austin Lumbard, Mayor
DECEMBER 3, 2024
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Aldo E. Schindler, City Manager
Erica N. Yasuda, City Clerk
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 December 3, 2024
Meeting Agenda Page 1 of 11
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 December 3, 2024
Meeting Agenda Page 2 of 11
CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3067
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 REAL PROPERTY NEGOTIATORS — Government Code §
54956.8: (1 case)
A.
Property
APN 430-481-12
Address/Description
Agency
City of Tustin
City Negotiators
Aldo E. Schindler, City Manager; Nicole Bernard,
Assistant City Manager; Ryan Swiontek, Deputy
Director of Real Property; and Kenneth Piguee,
Real Property Manager
Negotiating Parties
CDS-MS (Tustin)
City Council December 3, 2024
Meeting Agenda Page 3 of 11
Under Negotiation Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3067
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE — Tustin Police Honor
Guard
INVOCATION — Pastor Jorge Molina, Mariners Church
PRESENTATION —
o Recognition of Council Member Rebecca "Beckie" Gomez for Years of Service to the
Tustin Community
o Recognition of Council Member Letitia Clark for Years of Service to the Tustin
Community
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 - 15)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
City Council December 3, 2024
Meeting Agenda Page 4 of 11
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 NOVEMBER 19, 2024.
Recommendation: That the City Council approve the Action Minutes of the City
Council Meeting held on November 19, 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 $1,088,262.02 and Demands in the amount of $3,193,343.34.
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, July 16, 2024, August
20, 2024, and October 15, 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 24-86
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 24-86
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 December 3, 2024
Meeting Agenda Page 5 of 11
5. ADOPTION OF THE 2025 INVESTMENT POLICY
The City's Investment Policy is reviewed on an annual basis for submission and
approval by the City Council. On November 21, 2024, the Audit Commission
reviewed the current Investment Policy and found it to contain relevant provisions
from the California Government Code. Therefore, the Audit Commission
recommends that the City Council adopt the Investment Policy for Calendar Year
2025 with no changes.
Recommendation: It is recommended that the City Council adopt the City's
Investment Policy for Calendar Year 2025 with no changes. Adoption of the
Investment Policy also delegates to the City Treasurer for a period of one-year the
authority to invest the funds of the City in accordance with the Investment Policy.
Fiscal Impact: Consistent with State Law, the City's primary investment objective is
to invest in a manner aimed to safeguard principal and maintain liquidity where the
secondary objective is to achieve a market rate of return. The Investment Policy for
Calendar Year 2025 continues to provide for safety and liquidity of public funds while
earning a reasonable rate of return.
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1548 — REVISING
THE START TIME OF REGULAR MEETINGS OF THE CITY COUNCIL AND
PLANNING COMMISSION
Adoption of Ordinance No. 1548 amends the Tustin City Code to change the start
time of the City Council's regular meetings to 4:30 p.m. for closed sessions during
regular meetings and 6:00 p.m. for open session regular meetings, and to revise the
start time for the Planning Commission's regular meetings to 6:00 p.m.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1548.
ORDINANCE NO. 1548
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPLACING
AND SUPERSEDING TUSTIN CITY CODE SECTION 1301 REGARDING
REGULAR MEETINGS OF THE CITY COUNCIL, AND TUSTIN CITY CODE
SECTION 1515 REGARDING REGULAR MEETINGS OF THE PLANNING
COMMISSION
Fiscal Impact: There is no fiscal impact associated with this item.
7. 2025 LOCAL APPOINTMENTS LIST
Prior to December 31 st of each year, the Maddy Act requires municipal agencies to
prepare and post a listing of all Commission/Board vacancies for the upcoming year.
City Council December 3, 2024
Meeting Agenda Page 6 of 11
Recommendation: Approve the 2025 Local Appointments List for the Planning
Commission, Community Services Commission, Audit Commission, Building Board
of Appeals and Public Art Commission and post notice as required by law.
Fiscal Impact: There is no fiscal impact associated with this item.
8. HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR 2023-2024
In accordance with Senate Bill 341's amendments to Health & Safety Code Section
34176.1(f), the Tustin Housing Authority, serving as the Housing Successor to the
former Tustin Community Redevelopment Agency, has prepared an annual report
for filing with the Tustin Housing Authority Commission and the Tustin City Council.
Recommendation:
It is recommended the Tustin Housing Authority Commissioners take the following
action:
1. Receive and file the Housing Successor Annual Report for Fiscal Year 2023-
2024 and transmit such report to the Tustin City Council.
It is recommended the Tustin City Council take the following actions:
1. Receive and file the Housing Successor Annual Report for Fiscal Year 2023-
2024.
2. Direct that a copy of the Housing Successor Annual Report be posted on the
City of Tustin's website at www.tustinca.org.
Fiscal Impact: There is no fiscal impact associated with this item.
9. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT
The Local Transportation Authority Ordinance No. 3 requires the City to adopt an
annual expenditure report detailing Net Revenues, developer/traffic impact fees, and
City expenditures that meet the Maintenance of Effort requirements. The Orange
County Transportation Authority established the Maintenance of Effort benchmark
with the original passage of Measure M. Under the MOE requirement, the City must
spend local funds on transportation -related projects each fiscal year to remain eligible
to receive Measure M2 Fairshare funds. For Fiscal Year 2023-24, the City's required
Maintenance of Effort expenditure is $1,938,025.
Recommendation: It is recommended that the City Council adopt Resolution No.
24-83, adopting the Measure M2 Expenditure Report for Fiscal Year 2023-2024
(attached), and direct staff to file the report with the Orange County Transportation
Authority.
RESOLUTION NO. 24-83
City Council December 3, 2024
Meeting Agenda Page 7 of 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY
OF TUSTIN, CALIFORNIA
Fiscal Impact: There is no fiscal impact associated with this agenda item.
10. FISCAL YEAR 2023-2024 DEVELOPMENT IMPACT FEE REPORT (ASSEMBLY
BILL 1600)
The attached report is prepared to comply with California Government Code Section
66006, which requires an annual disclosure and review of collected development
impact fees and expenditures within 180 days after the last day of the fiscal year.
Recommendation: It's recommended that the City Council receive and file this
report.
Fiscal Impact: There is no direct fiscal impact associated with this item.
11. CENTENNIAL PARK HANDBALL WALL PUBLIC ART PROJECT
At their November 20, 2024, Regular Meeting, the Public Art Commission
recommended forwarding the design for the Centennial Park Handball Wall Mural to
the City Council for final approval.
Recommendation: It is recommended that the City Council adopt Resolution 24-85
approving the design for the Centennial Park Handball Wall Mural, which was created
via a public input process led by artist Carla Roque.
RESOLUTION NO. 24-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART
COMMISSION AND AUTHORIZING THE PARKS AND RECREATION
DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST
Fiscal Impact: The artist will be paid $10,000 upon completion of the wall mural,
which leaves the balance remaining in the Public Art Fund for the 2024-2025 Fiscal
Year at $29,000.
12. AUTHORIZE USE OF THE OMNIA PARTNERS PURCHASING PROGRAM FOR
COUNCIL CHAMBER/COMMUNITY CENTER ROOF REPLACEMENT
Staff is requesting authorization to award the Council Chamber/Community Center
Roof Replacement Project, CIP No. 10032, through use of the OMNIA Partners
Purchasing Program.
Recommendation: It is recommended that the City Council:
City Council December 3, 2024
Meeting Agenda Page 8 of 11
1. Adopt Resolution No. 24-84 authorizing the use of OMNIA Partners; Contract
#PW1925 with Garland DBS, Inc. for the purchase, installation and warranty
in the amount of $786,786; and
2. Authorize the City Manager and the City Clerk to execute the contract
documents on behalf of the City.
RESOLUTION NO. 24-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING USE OF THE OMNIA PARTNERS PURCHASING PROGRAM TO
PURCHASE CERTAIN ITEMS FOR THE COUNCIL CHAMBER/COMMUNITY
CENTER ROOF REPLACEMENT PROJECT, CIP NO. 10032
Fiscal Impact: Sufficient funds have been appropriated in the Fiscal Year 2024-
2025 Capital Improvement Program Budget.
13. APPROVE UTILITY AGREEMENT WITH ORANGE COUNTY TRANSPORTATION
AUTHORITY
Staff is requesting that the City Council approve Utility Agreement No. COT-56 with
the Orange County Transportation Authority for the El Camino Real Water Main
Relocation Project, Capital Improvement Program Project No. 60178.
Recommendation: It is recommended that the City Council:
1. Approve Utility Agreement No. COT-56 between the Orange County
Transportation Authority and the City of Tustin for the El Camino Real Water
Main Relocation Project; and
2. Authorize the City Manager or his designee, the Director of Public Works, and
City Clerk to execute the agreement on behalf of the City.
Fiscal Impact: The Orange County Transportation Authority will fully reimburse the
final design and construction costs, minus an accrued depreciation credit of $2,650.
A total of $550,000 has been budgeted in the Fiscal Year 2024-2025 Capital
Improvement Program for the design and construction phase. The estimated total
construction cost is $665,326. Additional funds will be requested in the mid -year
budget review process.
14. NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK ROOF
REPLACEMENT PROJECT
Construction for the Tustin Sports Park Roof Replacement Project (Capital
Improvement Project No. 20095), has been completed to the satisfaction of the City
Engineer and is now ready for City Council acceptance.
Recommendation: It is recommended that the City Council:
City Council December 3, 2024
Meeting Agenda Page 9 of 11
1. Adopt Resolution No. 24-80 accepting the Tustin Sports Park Roof
Replacement Project; and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the County Recorder's Office.
RESOLUTION NO. 24-80
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 TUSTIN
SPORTS PARK ROOF REPLACEMENT PROJECT (CIP NO. 20095)
Fiscal Impact: Tustin Sports Park Roof Replacement Project was funded by the
Park Development Fund (Fund 131). The approved project budget was $365,399
and final construction costs were $362,084.72.
15. DECLARING RESULTS OF THE NOVEMBER 5, 2024, GENERAL MUNICIPAL
ELECTION
On November 5, 2024, the City's General Municipal Election was held to elect one
Council Member in each of the following Districts: 1, 2 and 4 and to cast ballots
regarding Measure II (revising the limitations on consecutive terms of the Mayor and
members of the City Council).
Recommendation: It is recommended the City Council:
1. Adopt Resolution No. 24-87 declaring the results and other such matters as
provided by law for the November 5, 2024, General Municipal Election; and
2. Adopt Ordinance No. 1559 implementing the voters' approval of Measure II.
RESOLUTION NO. 24-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 5, 2024, AND OTHER SUCH MATTERS AS PROVIDED BY LAW
ORDINANCE NO. 1559
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA
REVISING THE LIMITATIONS ON CONSECUTIVE TERMS OF THE MAYOR AND
MEMBERS OF THE CITY COUNCIL
Fiscal Impact: There is no fiscal impact associated with this item.
OATHS OF OFFICE FOR NEWLY ELECTED COUNCIL MEMBERS IN DISTRICTS 1, 2
AND 4
City Council December 3, 2024
Meeting Agenda Page 10 of 11
REGULAR BUSINESS ITEMS 16-17
16. MAYOR PRO TEM SELECTION
The City Council selects a member of the Council who will serve as Mayor Pro Tern
for the following year.
Recommendation: Pleasure of the City Council.
Fiscal Impact: There is no fiscal impact associated with this item.
17. 2025 MAYORAL APPOINTMENTS TO COMMITTEES
Annually the Mayor appoints those members of the City Council who will serve on
various City and Regional committees.
Recommendation:
1. Confirm the attached appointments as recommended by the Mayor; and
2. Adopt FPPC Form 806: Agency Report of Public Official Appointments and
direct staff to post on the City's website.
Fiscal Impact: There is no fiscal impact associated with this this item.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, December 17, 2024, for the
Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council December 3, 2024
Meeting Agenda Page 11 of 11