Date Item Type Item Description Info Location County City Meeting Type id
October 15, 2024 Closed Session Item 1 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) October 15, 2024 Closed Session Item # 1 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f57
October 15, 2024 Closed Session Item 2 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) October 15, 2024 Closed Session Item # 2 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f5a
October 15, 2024 Closed Session Item 3 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 October 15, 2024 Closed Session Item # 3 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f5b
October 15, 2024 Closed Session Item 4 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 10/11/24, 12:51 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm October 15, 2024 Closed Session Item # 4 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f5f
October 15, 2024 Closed Session Item 5 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 October 15, 2024 Closed Session Item # 5 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f60
October 15, 2024 Item 3 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. October 15, 2024 Item # 3 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f61
October 15, 2024 Item 4 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. October 15, 2024 Item # 4 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f59
October 15, 2024 Item 5 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 10/11/24, 12:51 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm Assurance/Quality Control - $2,000.00 * Deputy Inspection and Materials Testing - $5,000.00 * Estimated Expenditures - $1,535,376.00 October 15, 2024 Item # 5 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f5c
October 15, 2024 Item 6 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. October 15, 2024 Item # 6 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f58
October 15, 2024 Item 7 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. October 15, 2024 Item # 7 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f56
October 15, 2024 Item 8 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 10/11/24, 12:51 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm 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. October 15, 2024 Item # 8 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f62
October 15, 2024 Item 9 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. October 15, 2024 Item # 9 Orange County Tustin City Council 6709a0e0ed8f5d04e4128f63