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
JULY 16, 2024
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, 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 PM
CALL TO ORDER – #3061
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. 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:
Tustin Police Officers Association–Management Unit (TPMA) Employee Organization:
Tustin Police Officers Association–Officer Unit (TPOA)
Employee Organization:
Tustin Police Support Services Management Association (TPSSMA) Employee Organization:
Tustin Police Support Service Association (TPSSA)
Employee Organization:
Unrepresented Confidential Employees
Employee Organization:
Unrepresented Supervisory Employees
Employee Organization:
Unrepresented Executive Management and Management Employees Employee Organization:
Unrepresented Part-Time Employees
4. 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
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A.
Socorro Mateus v. City of Tustin - Case Number 30-2023-01353322-CU-PP-CJC
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Government Code § 54956.8 A.
Property Address/Description
APN 430-283-10, 430-283-22, 430-283-23, 430-283-29, 430-283-30, 430-283-32, 430-283-35, 430-283-37 Agency
City of Tustin
City Negotiators
Jerry Craig, Deputy Director of Economic Development, and Kenneth Piguee, Senior Management Analyst Negotiating Parties
South Orange County Community College District
Under Negotiation
Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY - 7:00 PM
CALL TO ORDER – #3061
INVOCATION - Deacon Bill Weeks, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Gallagher
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 - 10)
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 REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 18, 2024.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on June 18, 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 $1,060,032.12 and $996,145.48 and Demands in the amount of $5,659,173.48.
AGENDA REPORT
4. LEGISLATIVE UPDATE
Staff and the City’s consultant Townsend Public Affairs have prepared a summary of state legislative activity.
Recommendation:
1. Take an OPPOSE UNLESS AMENDED position on Assembly Bill (AB) 2557 (Ortega) Local agencies: contracts for special services and temporary help
2. Receive and file the updated legislative matrix as of July 1
3. Receive and file legislative updates prepared by Townsend Public Affairs Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
5. AUDIT COMMISSION APPOINTMENT
Council direction is needed to fill (1) one vacancy on the Audit Commission.
Recommendation:
That the City Council appoint Lillyan Chandler to the Audit Commission as recommended by Mayor Lumbard and Council Member Clark.Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
6. 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, and June 18, 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 24-50 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 6. RESOLUTION 24-50
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.
AGENDA REPORT
7. AWARD OF CONTRACT FOR VANDENBERG WELL REHABILITATION PROJECT (CIP NO. 60177) Vandenberg Well is one of the City’s nine active groundwater wells. Vandenberg Well was last rehabilitated in 2010 and is due for rehabilitation. The City retains a list of three prequalified well and pump contractors and requested proposals from each. Three proposals were received with General Pump Company as the lowest responsible bidder.
Recommendation:
It is recommended that the City Council award a construction contract in the amount of $671,440 for the Vandenberg Well Rehabilitation Project (CIP No. 60177) to General Pump Company as the lowest responsible bidder and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City.Fiscal Impact: Sufficient funds have been appropriated in the Fiscal Year 2024-2025 Capital Improvement Program for the rehabilitation of Vandenberg Well from the 2024 Water Bond Fund (Fund 307).
AGENDA REPORT
8. ADOPT RESOLUTION 24-51, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL PERMANENT LOCAL HOUSING ALLOCATION DOCUMENTS The Tustin Housing Authority is seeking City Council authorization for the City Manager, or their designee, to execute all Permanent Local Housing Allocation (PLHA) documents as required by the State of California Department of Housing and Community Development (HCD).
Recommendation:
It is recommended the City Council adopt City Council Resolution 24-51, authorizing the City Manager, or their designee, to execute all PLHA documents as required by HCD. RESOLUTION NO. 24-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL REQUIRED PERMANENT LOCAL HOUSING ALLOCATION DOCUMENTS Fiscal Impact: In FY 2024-25, the City will receive $330,525 in PLHA funds. The allocation will partially fund the Tustin Temporary Emergency Shelter.
AGENDA REPORT
9. ADOPT RESOLUTION NO. 24-52 TO ACCEPT IMPROVEMENTS FOR THE ALLEY GROVE PROMENADE PROJECT, CIP NO. 20084 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Alley Grove Promenade Project in Tustin Legacy (CIP No. 20084), 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 take the following actions: 1. Adopt Resolution No. 24-52 accepting the construction of the Alley Grove Promenade Project (CIP No. 20084); and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 24-52 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 ALLEY GROVE PROMENADE PROJECT (CIP NO. 20084) Fiscal Impact: The final construction cost for the Alley Grove Promenade Project (CIP No. 20084) is $3,149,175.44. Sufficient funds were budgeted and appropriated in the Capital Improvement Program with additional funds appropriated at time of contract award. The project is funded through a combination of MCAS Backbone Infrastructure Fee Fund (Fund 187) and Land Sale Proceeds Fund (Fund 189).
AGENDA REPORT
10. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED “TALKING TRASH: RECYCLABLES AND ORGANIC WASTE” Response to the June 11, 2024, Orange County Grand Jury Report entitled “Talking Trash: Recyclables and Organic Waste”.
Recommendation:
It is recommended that the City Council approve the attached response to the Orange County Grand Jury, authorize the Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to submit the response. Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
PUBLIC HEARING ITEM 11
11. INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1545 APPROVING TUSTIN POLICE DEPARTMENT GENERAL ORDER 708 - MILITARY EQUIPMENT USE POLICY 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 report outlines staff’s work in complying with the new law and recommends the introduction of an ordinance approving the Department’s continued utilization of this equipment and a policy governing the Department’s use of the equipment outlined in Tustin Police Department General Order 708 – Military Equipment Use Policy.
Recommendation:
Introduce Ordinance No. 1545 (Attachment 1) approving Tustin Police Department General Order 708 – Military Use Equipment Policy, in compliance with AB 481 by reading of the title only and waive further reading. ORDINANCE NO. 1545 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 708, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) Fiscal Impact: No significant fiscal impacts are anticipated other than additional staff time to prepare and present future items in compliance with AB 481.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- The next meeting is scheduled on Tuesday, August 6, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.