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
DECEMBER 3, 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 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 Address/Description: APN 430-481-12
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
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
PRESENTATIONS -
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 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.
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 $1,088,262.02 and Demands in the amount of $3,193,343.34.
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, 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.
Agenda Report
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.
Agenda Report
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.
Agenda Report
7. 2025 LOCAL APPOINTMENTS LIST
Prior to December 31st of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission/Board vacancies for the upcoming year.
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.
Agenda Report
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.
Agenda Report
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
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.
Agenda Report
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.
Agenda Report
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.
Agenda Report
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:
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 Agenda Report
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.
Agenda Report
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: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.
Agenda Report
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.
Agenda Report
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 Tem for the following year.
Recommendation:
Pleasure of the City Council.
Agenda Report
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 Agenda Report
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.