CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
John Nielsen, Mayor Pro Tem
Ryan Gallagher, Councilmember
Ray Schnell, Councilmember
Lee K. Fink, Councilmember
Austin Lumbard, Mayor
JANUARY 7, 2025
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
- 4:30 P.M.
CALL TO ORDER – #3069
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
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY - 6:00 P.M.
CALL TO ORDER – #3069
INVOCATION – Fr. Michael T. Khong, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Council Member 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 - 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 Item 1-6)
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 MEETINGS OF THE CITY COUNCIL HELD ON DECEMBER 3, 2024, AND DECEMBER 17, 2024.
Recommendation
: That the City Council approve the Action Minutes of the City Council Meeting held on December 3, 2024, and December 17, 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 $1,110,636.15 and $1,053,856.78 and Demands in the amount of $6,906,736.19.
AGENDA REPORT
4. SECOND READING AND ADOPTION OF ORDINANCE NOS. 1547, 1549, 1550, AND 1551 – HOUSING ELEMENT REZONE IMPLEMENTING PROGRAMS 1.1A, 1.1B, 1.1F, AND 1.1G OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN Adoption of Ordinance No. 1547 (Specific Plan Amendment 2024-0002) allows for additional high density residential development on three sites in the Tustin Legacy Specific Plan, Housing Element Sites 1a, 1b, and 2, with a minimum density of 20 units per acre (du/acre) on the selected sites.
Adoption of Ordinance No. 1549 (Code Amendment 2024-0003) establishes a Housing Overlay district (overlay zone) in conjunction with the planned community commercial district (base zone) to implement the housing implementation program of the 6th Cycle 2021-2029 housing element of the general plan.
Adoption of Ordinance No. 1550 (Zoning Code 2024-0001) amends the City’s zoning map to apply the Housing Overlay district to the Enderle Center Rezone Project area.
Adoption of Ordinance No. 1551 (Specific Plan Amendment 2024-0001) accommodates residential development on 18 acres of The Market Place Rezone Project site and creates a new high density residential land use category to implement the Housing Implementation Program of the 6th Cycle Housing Element of the General Plan.
Recommendation
: That the City Council have second reading by title only and adoption of Ordinance Nos. 1547, 1549, 1550 and 1551.ORDINANCE NO. 1547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0002 TO INCREASE RESIDENTIAL CAPACITY WITHIN NEIGHBORHOODS D AND G OF THE TUSTIN LEGACY SPECIFIC PLAN TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN – HOUSING ELEMENT SITES 1A, 1B, AND 2 ORDINANCE NO. 1549
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2024-0003, TO ESTABLISH A HOUSING OVERLAY (HO) DISTRICT (OVERLAY ZONE) IN CONJUNCTION WITH THE PLANNED COMMUNITY COMMERCIAL DISTRICT TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (CODE AMENDMENT 2024-0003) ORDINANCE NO. 1550
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2024-0001, TO AMEND THE CITY’S ZONING MAP TO APPLY THE HOUSING OVERLAY (HO) DISTRICT TO THE ENDERLE CENTER REZONE PROJECT AREA TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN -(ZONE CHANGE 2024-0001) ORDINANCE NO. 1551
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING SPECIFIC PLAN AMENDMENT 2024-0001, TO AMEND THE EAST TUSTIN SPECIFIC PLAN (SP-8) TO CREATE A NEW HIGH DENSITY RESIDENTIAL (HDR) LAND USE CATEGORY, AND APPLY THE HDR ZONE TO 18 ACRES OF EXISTING SURFACE PARKING IN THE TUSTIN MARKET PLACE SHOPPING CENTER TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN – HOUSING ELEMENT SITE 18 – THE MARKET PLACE Fiscal Impact: The Housing Element Rezone Project is a City-initiated project. The City Council has appropriated funds to carry out the Housing Element Rezone Project.
AGENDA REPORT
5. REJECTION OF ALL BIDS FOR THE OLD TOWN IMPROVEMENTS PROJECT Staff is recommending that the City Council reject both bids received on November 5, 2024, for the Old Town Improvements Project. The City received only two bids for this project, both higher than the engineer’s estimate, with the lowest being approximately 24% over the engineer’s estimate.
Recommendation
: It is recommended that the City Council reject the two bids received for the Old Town Improvements Project, Capital Improvement Program Number 70254 and direct the City Clerk to return all bid bonds. Fiscal Impact: The City’s Capital Improvement Program budget for construction of the Old Town Improvements project, Capital Improvement Program Number 70254 is $4,200,000, of which approximately $3,780,000 is allocated for construction, with the remainder designated as project contingency. The project is funded through a combination of Community Development Block Grant Fund (Fund 120) and Land Sale Proceeds funds (Fund 189).
AGENDA REPORT
6. REAFFIRM THE CITY MANAGER AND/OR HOUSING AUTHORITY EXECUTIVE DIRECTOR’S AUTHORITY TO EXECUTE AFFORDABLE HOUSING DOCUMENTS The Tustin Housing Authority is seeking to reaffirm the authority of the City Manager and/or Housing Authority Executive Director to execute affordable housing documents required for the refinancing or the sale of new or existing affordable housing units.
Recommendation
: It is recommended the Tustin Housing Authority Commissioners take the following action:
1. Adopt Tustin Housing Authority Resolution No. 25-01 authorizing the Executive Director of the Tustin Housing Authority and/or City Manager, or their designee, to execute affordable housing documents required for the refinancing or the sale of affordable housing units.
It is recommended the Tustin City Council take the following action:
1. Adopt City Council Resolution 25-01 authorizing the City Manager and/or the Executive Director of the Tustin Housing Authority, or their designee, to execute affordable housing documents required for the refinancing or the sale of affordable housing units.
RESOLUTION NO. 25-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER AND/OR THE TUSTIN HOUSING AUTHORITY EXECUTIVE DIRECTOR, OR THEIR DESIGNEE, TO EXECUTE ALL AFFORDABLE HOUSING AGREEMENTS REQUIRED FOR THE REFINANCING OR THE SALE OF AFFORDABLE HOUSING UNITS
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 25-01
A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE TUSTIN HOUSING AUTHORITY EXECUTIVE DIRECTOR AND/OR CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL AFFORDABLE HOUSING AGREEMENTS REQUIRED FOR THE REFINANCING OR THE SALE OF AFFORDABLE HOUSING UNITS
Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
CITY MANAGER, ALDO E. SCHINDLER
CITY ATTORNEY, DAVID E. KENDIG
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
COUNCIL MEMBER FINK
COUNCIL MEMBER SCHNELL
COUNCIL MEMBER GALLAGHER
MAYOR PRO TEM NIELSEN
MAYOR LUMBARD
COUNCIL MEMBER SCHNELL
COUNCIL MEMBER SCHNELL
ADJOURNMENT
- The next meeting is scheduled on Tuesday, January 21, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.