CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Ryan Gallagher, Mayor Pro Tem
Letitia Clark, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
JUNE 4, 2024
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3059
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. LABOR NEGOTIATIONS - [Government Code § 54957.6]: Agency Negotiators:: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Unrepresented Part-Time Employees
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (2 cases) A.
Property Address/Description: 430-272-04, 430-272-12, 430-272-14, 430-272-24, 430-272-27, 430-272-28, 430-461-11 Agency: City of Tustin
City Negotiators: Nicole Bernard, Acting City Manager and Ryan Swiontek, Acting Deputy Director of Economic Development, Jerry Craig, Deputy Director of Economic Development, Kenneth Piguee, Senior Management Analyst Negotiating Parties: Topgolf International
Under Negotiation: Price and Terms of Payment
B.
Property Address/Description: 430-272-11, 430-272-13, 430-272-14, 430-272-23, 430-272-24, 430-272-27 Agency: City of Tustin
City Negotiators: Nicole Bernard, Acting City Manager and Ryan Swiontek, Acting Deputy Director of Economic Development, Jerry Craig, Deputy Director of Economic Development, Kenneth Piguee, Senior Management Analyst Negotiating Parties: Sam’s West Inc.
Under Negotiation: Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3059
INVOCATION - Pastor Jorge Molina – Mariners Church
PLEDGE OF ALLEGIANCE – Council Member Clark
PRESENTATIONS -
Proclamation Honoring Tustin Area Council For Fine Arts (TACFA) 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 - 11)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA 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 SPECIAL MEETING (BUDGET WORKSHOP) OF THE CITY COUNCIL HELD ON MAY 21, 2024 AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 21, 2024.
Recommendation:
That the City Council approve the Action Minutes of the Budget Workshop and the City Council Meeting held on May 21, 2024.
AGENDA REPORT
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 $984,759.70 and Demands in the amount of $5,394,144.39.
AGENDA REPORT
4. 2024 PUBLIC ART COMMISSION APPOINTMENTS
Council direction is needed to fill two vacancies on the Public Art Commission due to term expirations.
Recommendation:
Staff recommends that the City Council appoint Janet Lomax and Scott McMillin to serve another four-year term.
Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
5. 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, and April 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.
Recommendation:
It is recommended that the City Council adopt Resolution 24-39 determining the need exists to continue the local emergency related to the fire and release of chemicals of public health concern, including asbestos, from the Navy's North Hangar, in the form attached hereto as Attachment 4.
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.
AGENDA REPORT
6. ADOPT RESOLUTION NO. 24-32 APPROVING PROJECT LIST TO BE SUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION FOR SB1 FUNDING FOR FISCAL YEAR 2024/25 In order to be eligible to receive new funding under Senate Bill 1 (SB1), the City is required to submit a Project List to the California Transportation Commission (CTC) no later than July 1, 2024.
Recommendation:
Staff recommends the City Council:
1. Adopt Resolution No. 24-32 identifying projects to be submitted to the California Transportation Commission for SB 1 funding; and
2. Direct staff to submit the Project List to the California Transportation Commission on behalf of the City.
RESOLUTION NO. 24-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Fiscal Impact: Submittal of the Project List to the CTC allows the City to receive funding for maintenance, rehabilitation, and safety related roadway projects. The current estimated revenue for Fiscal Year 2024-25 is approximately $2,057,600.
AGENDA REPORT
7. ANNUAL REPORT ON THE TUSTIN POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT PER CALIFORNIA ASSEMBLY BILL 481 Assembly Bill (AB) 481 requires the Tustin Police Department ("Department") to seek City Council approval by ordinance for the funding, acquisition, and use of equipment defined by the law as "military equipment." This legislation also requires law enforcement agencies to submit to the City Council an annual report outlining a summary of the use of the equipment and the purpose for its use, any complaints or concerns received concerning the military equipment, results of any internal audits or violations and any actions taken in response, the total annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. In addition, within 30 days of submitting and publicly releasing the annual report, a well-publicized and community engagement meeting must be held to allow for public comments.
This report outlines staff’s work in complying with the law and request for continued utilization of the Department’s military equipment and approval of the Department’s military equipment policy under Tustin Police Department General Order 708 - Military Equipment Use Policy.
Recommendation:
1. To receive and file the annual report on the Department's use of military equipment for calendar year 2023 (Attachment 1);
2. To receive and file the proposed version of Tustin Police Department General Order 708 - Military Use Equipment Policy (Attachment 2),
3. To direct the Tustin Police Department to post Tustin Police Department General Order 708 (Attachment 2) on the Department's website;
4. To direct the Tustin Police Department to hold a well-publicized and conveniently located meeting to give the public an opportunity to discuss the annual military equipment report; and
5. To direct staff to set the matter for a public hearing regarding an ordinance to renew the Tustin Police Department General Order 708 which is at least 30 days from today's date.
Fiscal Impact: The estimated annual cost for the use and maintenance of the military equipment is detailed under each specific category item outlined in Tustin Police Department General Order 708 - Military Use Equipment Policy.
AGENDA REPORT
8. AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR THE GRAFFITI REMOVAL PROGRAM The City’s contract with Urban Graffiti expired in January 2024. To allow for a continued graffiti removal service while the City processes a new Request for Proposal, the City entered into an interim contract agreement with Urban Graffiti which is to expire on July 27, 2024. Staff is seeking authorization to advertise Request for Proposals to continue the City’s contract graffiti removal program.
Recommendation:
That the City Council authorize and direct the Community Development Director to advertise Request for Proposals to continue the implementation of the City's graffiti removal program.
Fiscal Impact: Graffiti removal costs are budgeted within the City's General Fund and shared between the Community Development and Public Works Departments. It is anticipated that the Fiscal Year 2024-25 proposed budget will be sufficient to accommodate the cost of the new contract.
The proposed contract is for one (1) year, with the option to extend annually (contingent on satisfactory contractor performance) for a total of five (5) calendar years, beginning July 28, 2024. Future funding allocations beyond FY 2024-25 will be addressed through the annual City budget process.
AGENDA REPORT
9. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs (TPA) have prepared a summary of state legislative activity.
Recommendation:
1. Take a SUPPORT position on AB 1779 (Irwin) Theft: jurisdiction
2. Take a SUPPORT position on AB 1794 (McCarty) Crimes: larceny
3. Take a SUPPORT position on SB 905 (Wiener) Unlawful entry of a vehicle
4. Take an OPPOSE UNLESS AMENDED position on SB 1037 (Wiener) Planning and zoning: housing element: enforcement
5. Receive and file the updated legislative matrix as of May 20
6. Receive and file legislative updates prepared by TPA
Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
10. AMENDMENT NO. 15 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS INC FOR PROPERTY MANAGEMENT/CARETAKER SERVICES AT TUSTIN LEGACY Amendment to existing Consultant Services Agreement (CSA) with So Cal Sandbags, Inc.
Recommendation:
It is recommended that the City Council authorize the City Manager to execute Amendment No. 15 to the CSA with So Cal Sandbags, Inc.
Fiscal Impact: The cost of Amendment No. 15 to the CSA will not exceed $528,000 for Fiscal Year (FY) 24/25. The draft FY 24/25 budget proposes a total Tustin Legacy property management budget of $528,000, so there is adequate budget in FY 24/25 (pending budget approval).
AGENDA REPORT
11. REQUEST TO INCREASE REVENUE BUDGET AND APPROPRIATION BASED ON THE FIFTH AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE NAVY AS RELATED TO THE NORTH HANGAR FIRE INCIDENT The City anticipates entering into a fifth amendment to the Cooperative Agreement with the U.S. Department of the Navy (Navy) to implement an emergency response related to the North Hangar Fire Incident. Staff is requesting the City Council’s approval to increase revenue budget and related appropriation by $27 million for a current not-to-exceed reimbursement total of $88 million from the Navy. The City estimates that this fifth amendment will address the emergency response costs that the City has contracted and incurred on the Navy’s behalf so far. Additional work related to the incident will be addressed in subsequent Cooperative Agreement amendments.
Recommendation:
It is recommended that the City Council increase revenue budget and related appropriation by $27 million as outlined in the fifth amendment to the Cooperative Agreement between the City and Navy.
Fiscal Impact: The approved appropriation will be funded from the Navy's reimbursement of up to $88 million as identified in the fifth amendment to the Cooperative Agreement.
AGENDA REPORT
PUBLIC HEARING ITEMS 12-13
12. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2024-2025 The Tustin Landscape and Lighting District Engineer’s Report was completed and approved by the City Council at their May 7, 2024 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 4, 2024. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 24-34 confirming the annual assessments for Fiscal Year 2024-2025.
Recommendation:
It is recommended that the City Council:
1. Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2024-2025; and
2. Adopt Resolution No. 24-34 confirming the annual assessments for Fiscal Year 2024-2025.
RESOLUTION NO. 24-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2024-2025
Fiscal Impact: Landscape maintenance and public street lighting expenses within the Tustin Ranch area are recovered through the levy of the annual assessments for the District and a General Benefit Contribution. The proposed Fiscal Year 2024-2025 budget is $900,800 with proposed assessments of $813,262, including City paid assessments totaling $13,659.93 for parkland and facilities which will be paid through the City's General Fund. The Engineer's Report calculates a General Benefit Contribution of $87,538, which is also paid through the City's General Fund operating budget.
AGENDA REPORT
13. PUBLIC HEARING SETTING SOLID WASTE RATES
Solid waste and recycling rates were implemented in 2019 at the beginning of the City’s contract with CR&R, Incorporated. These rates are property-related and subject to Proposition 218, which requires the City to conduct a protest hearing to provide the public a forum to protest the proposed rates to become effective July 1, 2024.
Recommendation:
It is recommended that the City Council:
1. Conduct a public hearing to receive testimony on the proposed solid waste and recycling rates scheduled to take effect July 1, 2024 and if no majority protest exists, approve the rates related to the City's contract with CR&R, Incorporated, and
2. Authorize rate adjustments in accordance with the formula provided in the City's contract with CR&R, Incorporated for no more than five years.
Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, June 18, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.