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
OCTOBER 15, 2024
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
PRINTABLE AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC INPUT - MICHAEL MAVROVOUNIOTIS
PUBLIC INPUT - W. GIFFORD
PRESENTATION - ORANGE COUNTY SANITATION DISTRICT
PRESENTATION - TUSTIN LEGACY PEDESTRIAN BRIDGE
PRESENTATION - ITEM 9
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3065
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 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 Address/Description
430-272-04, 430-272-12, 430-272-14, 430-272-24, 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
REGULAR MEETING OF THE CITY COUNCIL
- 7:00 P.M.
CALL TO ORDER – #3065
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Gallagher
PRESENTATIONS -
o Orange County Sanitation District Sewer and Reclamation Services for the City of Tustin o Legacy Pedestrian Bridges
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 - 8)
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 OCTOBER 1, 2024.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on October 1, 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 $1,214,190.82 and Demands in the amount of $8,783,444.44.
AGENDA REPORT
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.
Recommendation:
It is recommended that the City Council adopt 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 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
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.
Recommendation:
It is recommended that the City Council award the construction contract to Dash Construction Company, Inc., the lowest responsive/responsible bidder, in the amount of $1,428,376.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City.Fiscal Impact: Sufficient funds have been budgeted in the FY 2024-25 Capital Improvement Program budget for the South Hangar Vinyl Fence Project – Project No. 10076.
Project expenditures include:
* 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
AGENDA REPORT
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.
Recommendation:
That the City Council have 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 is no fiscal impact associated with this item.
AGENDA REPORT
7. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT – QUARTER ONE AND QUARTER TWO, 2024 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.
Recommendation:
That the City Council receive and file this report.Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
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.
Recommendation:
That the City Council adopt 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.
AGENDA REPORT
REGULAR BUSINESS
9. YEAR-END UPDATE FOR FISCAL YEAR 2023-2024
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%.
Recommendation:
It is recommended that the City Council: 1. Receive and file this report; 2. Approve supplemental appropriations incurred to operate various City programs and services and related General Fund transfers identified in this report; and 3. Approve appropriations for carryover purchase orders identified in this report. Fiscal Impact: There are sufficient revenues or reserves in respective funds to fund the supplemental appropriations, transfers, and carryover appropriations identified in this report.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT
- 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.