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HomeMy WebLinkAboutCC MINUTES12.03.24Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B CITY OF TUSTIN REGULAR MEETING DECEMBER 3, 2024 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN _ COUNCIL CHAMBER VIDEO CONFERENCE 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 Rav Schnell, Council Member David E. Kendia. Citv Attornev MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3067 at 5:31 p.m. ROLL CALL — City Clerk Present: Mayor Austin Lumbard and Council Members Letitia Clark, Rebecca Gomez and Ray Schnell Absent: Mayor Pro Tern Ryan Gallagher (arrived at 5:35 p.m.) City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Aldo E. Schindler, City Manager PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 3 and 4 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 December 3, 2024 Meeting Minutes Page 1 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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) Under Negotiation Price and Terms of Payment MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — #3067 at 7:03 p.m. PRESENTATION OF COLORS — Tustin Police Honor Guard PLEDGE OF ALLEGIANCE — Mayor Lumbard INVOCATION — Pastor Jorge Molina, Mariners Church PRESENTATIONS — RECOGNITION OF COUNCIL MEMBER REBECCA "BECKIE" GOMEZ On behalf of the City Council, Council Member Clark presented a proclamation and Mayor Lumbard presented a gift to Council Member Rebecca Gomez in recognition of her years of service to the Tustin community. City Council December 3, 2024 Meeting Minutes Page 2 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B The following recognized Council Member Gomez: o Orange County Supervisor Vicente Sarmiento o Congresswoman Young Kim; Congressional Aide & Military Affairs Liaison, James Burandt-Nair o Congressman Dave Min o Assemblywoman Cottie Petrie -Norris; Field Representative, Lillian Hollar o Orange County Mosquito and Vector Control District; District Manager, Lora Young o Tustin Unified School District; Superintendent, Mark Johnson, and Board President, Allyson Muniz Damikolas o League of California Cities; Regional Public Affairs Manager, Orange County Division, Connor Medina RECOGNITION OF COUNCIL MEMBER LETITIA CLARK On behalf of the City Council, Council Member Gomez presented a proclamation and Mayor Lumbard presented a gift to Council Member Letitia Clark in recognition of her years of service to the Tustin community. The following recognized Council Member Clark: o Congresswoman Young Kim; Congressional Aide & Military Affairs Liaison, James Burandt-Nair o Congressman Dave Min o Assemblywoman Cottie Petrie -Norris; Field Representative, Lillian Hollar o Orange County Supervisor Vicente Sarmiento o Tustin Unified School District; Superintendent, Mark Johnson, and Board President, Allyson Muniz Damikolas o League of California Cities; Regional Public Affairs Manager, Orange County Division, Connor Medina PUBLIC INPUT — 1. Barbara Bagneris City Council December 3, 2024 Meeting Minutes Page 3 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. CONSENT CALENDAR ITEMS 1-15 — Public Input for Consent Calendar — None Mayor Lumbard noted for the record that the Council has received revised Resolution No. 24-87, which included the certified election results, for Item No. 15: declaring results of the November 5, 2024, general municipal election Council Member Gomez requested to pull Item No. 6 It was moved by Mayor Pro Tern Gallagher and seconded by Council Member Schnell to pull Item No. 6 and approve the balance of the Consent Calendar as recommended by staff. Roll Call Vote — City Clerk Motion carried: 5-0 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 NOVEMBER 19, 2024. Motion: The City Council approved 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. Motion: The City Council approved 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 City Council December 3, 2024 Meeting Minutes Page 4 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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. Motion: The City Council adopted 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 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. 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. Motion: The City Council adopted 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. City Council December 3, 2024 Meeting Minutes Page 5 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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. It was moved by Mayor Pro Tern Gallagher and seconded by Mayor Lumbard to have second reading by title only and adoption of Ordinance No. 1548. Roll Call Vote — City Clerk Motion carried: 3-2 (Council Member Gomez and Council Member Clark dissented) 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 was 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. Motion: Approved the 2025 Local Appointments List for the Planning Commission, Community Services Commission, Audit Commission, Building Board of Appeals and Public Art Commission and posted notice as required by law. Fiscal Impact: There was 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. Motion: The Tustin Housing Authority Commissioners took the following action: City Council December 3, 2024 Meeting Minutes Page 6 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 1. Received and filed the Housing Successor Annual Report for Fiscal Year 2023-2024 and transmit such report to the Tustin City Council. The Tustin City Council took the following actions: 1. Received and filed the Housing Successor Annual Report for Fiscal Year 2023-2024. 2. Directed 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 was 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. Motion: The City Council adopted Resolution No. 24-83, adopting the Measure M2 Expenditure Report for Fiscal Year 2023-2024 (attached), and directed staff to file the report with the Orange County Transportation Authority. RESOLUTION NO. 24-83 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 was 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. Motion: The City Council received and filed this report. Fiscal Impact: There was no direct fiscal impact associated with this item. 11. CENTENNIAL PARK HANDBALL WALL PUBLIC ART PROJECT City Council December 3, 2024 Meeting Minutes Page 7 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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. Motion: The City Council adopted 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 left 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. Motion: The City Council: 1. Adopted 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. Authorized 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 City Council December 3, 2024 Meeting Minutes Page 8 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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. Motion: The City Council: 1. Approved 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. Authorized 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. Motion: The City Council: 1. Adopted Resolution No. 24-80 accepting the Tustin Sports Park Roof Replacement Project; and 2. Authorized 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 City Council December 3, 2024 Meeting Minutes Page 9 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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). Motion: The City Council: 1. Adopted revised 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. Adopted 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 was no fiscal impact associated with this item. OATHS OF OFFICE FOR NEWLY ELECTED COUNCIL MEMBERS IN DISTRICTS 1, 2 AND 4 The Honorable Lynne Riddle administered Lee Fink's oath of office. Orange County Board of Education Trustee Tim Shaw administered John Nielsen's oath of office. Cole Gallagher administered Ryan Gallagher's oath of office. 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. Public Input — None City Council December 3, 2024 Meeting Minutes Page 10 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B It was moved by Mayor Pro Tern Gallagher and seconded by Council Member Schnell to nominate Council Member Nielsen to serve as Mayor Pro Tern for the following year. It was moved by Council Member Fink to nominate Council Member Schnell to serve as Mayor Pro Tern for the following year. The motion did not receive a second. Roll Call Vote — City Clerk Motion carried: 5-0 Fiscal Impact: There was 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. Mayor Lumbard noted for the record that a revised list of appointments and Form 806 has been circulated to the Council and has been made available to the public. Public Input — None It was moved by Mayor Pro Tern Nielsen and seconded by Council Member Gallagher to: 1. Confirm the revised appointments as recommended by the Mayor; and 2. Adopt revised FPPC Form 806: Agency Report of Public Official Appointments and direct staff to post on the City's website. Fiscal Impact: There was no fiscal impact associated with this this item. MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS Council Member Fink Thanked friends and community members who attended the meeting to support him; also thanked the people in attendance in support of Council Member Gallagher and Mayor Pro Tern Nielsen; extended gratitude to everyone who attended to support outgoing Council Members Gomez and Clark; appreciated the community's support; reflected on growing up in Tustin and attending Foothill High School, honored to serve the community he grew up in; emphasized Tustin's unique qualities and expressed enthusiasm for making it an even better place to live. November 28 Attended Operation Warm Wishes' 17t" Annual Unity in the Community Thanksgiving City Council December 3, 2024 Meeting Minutes Page 11 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B Spectacular event; applauded the event's volunteerism and efforts; mentioned is committed to supporting similar initiatives in the future. Stated is very proud to serve the Tustin community. Council Member Schnell Congratulated the newly seated Council Member Fink and Mayor Pro Tern Nielsen; recognized the contributions of outgoing Council Members Clark and Gomez; highlighted the strong foundation they left behind; stated is committed to continuing the progress made; congratulated Council Member Gallagher on his reelection. Participated in a recent mission trip with Orange Lutheran High School; stated the Tustin community is truly blessed. November 27 Attended the Tustin Police Department's Annual Thanksgiving Meal Giveaway event; assisted in distributing turkeys and Thanksgiving meals alongside Police Chief Stu Greenberg and Tustin Police Department staff; remarked on Tustin's strong sense of community and the city's efforts to care for those in need. Thanked outgoing Council Members Gomez and Clark for their years of service; stated they will be missed. Council Member Gallagher Deferred report until next meeting. Congratulated -new colleagues; expressed enthusiasm for the exciting initiatives underway in the city and looks forward to collaborating with the new team. Mayor Pro Tem Nielsen Expressed appreciation for the opportunity to serve another term on the City Council; congratulated newly elected Council Member Fink and reelected Council Member Gallagher; thanked colleagues for their warm welcome; recognized the significant contributions of outgoing Council Members Clark and Gomez; commended them as major parts of the Tustin community and thanked them for their service; thanked everyone who supported him on the campaign trail and for their numerous contributions. Thanked the nonprofit organizations he is involved with, particularly the Tustin Host Lions Club; assisted the Tustin Host Lions Club with putting together care bags for the Marines at Camp Pendleton who may not make it home for the holidays; highlighted the organization's commitment to service. Grateful to serve alongside dedicated colleagues and community members; is optimistic about Tustin's bright future. Mayor Lumbard City Council December 3, 2024 Meeting Minutes Page 12 of 13 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B Honored to have served alongside outgoing Council Members Gomez and Clark; congratulated new colleagues Council Member Fink and Mayor Pro Tern Nielsen, and reelected Council Member Gallagher; stated Cole Gallagher, son of Council Member Gallagher, did a fantastic job reading Council Member Gallagher's oath of office. Announced Tustin's unique character as being rooted in civility, even in moments of disagreement; emphasized how this respectful spirit is shared by the Council, city staff, and the community; is enthusiastic for the continuation of the civility with the newly seated Council team; stated it is a joy and privilege to serve such a special city. ADJOURNED at 8:09 p.m. 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. Fe Signed b AU§TPNDLELIMI ARD, Mayor DS Signed by: 115i(& q0,SVJA ERItADWYASUDA, City Clerk City Council Meeting Minutes December 3, 2024 Page 13 of 13