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 21, 2025
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
PRINTABLE AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION-OCFA WILDFIRE RESPONSE RESOURCES AND PREPARATIONS PRESENTATION-ITEM 9
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 4:30 P.M.
CALL TO ORDER – #3070
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: (2 cases) A.
Property Address/Description
APN 430-481-13, 430-481-14, 430-481-15
Agency
City of Tustin
City Negotiators
Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager Negotiating Parties
Mariners Church
Under Negotiation
Price and Terms of Payment
B.
Property Address/Description
430-272-04, 430-272-12, 430-272-14, 430-272-24, 430-272-27, 430-272-28, 430-461-11 Agency
City of Tustin
City Negotiators
Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy 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
6:00 P.M.
REGULAR MEETING OF THE CITY COUNCIL
- 6:00 P.M.
CALL TO ORDER – #3070
INVOCATION – Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE - Council Member Fink
PRESENTATIONS -
• Tustin Public Schools Foundation Dino Dash - Executive Director, Carol Burby Garrett • Orange County Fire Authority - Wildfire Response Resources and Preparations 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
NOTICES OF CONTINUANCE
The following public hearings have been continued to the City Council Meeting scheduled on February 4, 2025, at 6:00 p.m. in the Council Chambers located at 300 Centennial Way, Tustin 92780:
* Development Agreement 2024-0007, Amending Development Agreement 2020-0001 Regarding Terms And Public Benefit * Code Amendment 2024-0005, Amendments To Improve The Efficiency And Clarity Of The Entitlement Process - Ordinance No. 1556 The following public hearing has been continued to the City Council Meeting scheduled on February 18, 2025, at 6:00 p.m. in the Council Chambers located at 300 Centennial Way, Tustin 92780:
* Code Amendment 2024-0006 And Specific Plan Amendments 2024-0005 And 2024-0006 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 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 JANAURY 7, 2025.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on January 7, 2025.
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 $1,164,260.36 and $1,618,988.50 and Demands in the amount of $7,315,009.17.
AGENDA REPORT
4. TUSTIN LEGACY BACKBONE INFRASTRUCTURE FINANCING PROGRAM - 2024 UPDATE An analysis of the Tustin Legacy Backbone Infrastructure Financing Program has been completed. Updated periodically, the program determines the fair share contributions required of development areas at Tustin Legacy to finance Tustin Legacy backbone infrastructure to serve new development.
Recommendation:
It is recommended that the City Council: 1. Receive and approve the Tustin Legacy Backbone Infrastructure Financing Program - 2024 Update; and 2. Direct staff to utilize the Tustin Legacy Backbone Infrastructure Financing Program - 2024 Update for specific development areas in negotiated sale or conveyance transactions, including those transactions that involve Development Agreements, Disposition and Development Agreements, Ground Leases and/or other transaction agreements at Tustin Legacy necessary to accommodate private development. Fiscal Impact: The Tustin Legacy Backbone Infrastructure Financing Program - 2024 Update assists in the financing of public facilities and required developer environmental mitigation related to private and public development within Tustin Legacy. Total developer contributions are $472M, a $5M increase from the 2017 Update due to the recent contribution by South Orange County Community College District's development of the Advantech North America Campus (a non-educational use). To date, approximately $312M in infrastructure improvements have been completed, with an estimated $160M in infrastructure improvements yet to be constructed.
Other than the $5M increase, there is essentially no change from the 2017 Update to the total anticipated future developer contributions. Instead, the 2024 Update redistributes those same contributions over the Disposition Areas based on the recently approved Tustin Legacy Specific Plan Amendment which primarily added 2,211 base residential units to certain neighborhoods/Disposition Areas.
AGENDA REPORT
5. ADOPT RESOLUTION NO. 25-04 ESTABLISHING PRIMA FACIE SPEED LIMITS ON CITY STREETS Adoption of Resolution No. 25-04 will establish speed limits on certain streets throughout the City of Tustin based upon an engineering and traffic survey as required by the California Vehicle Code.
Recommendation:
It is recommended that the City Council adopt Resolution No. 25-04 establishing Prima Facie Speed Limits on certain streets throughout the City of Tustin. RESOLUTION NO. 25-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS Fiscal Impact: Updating signs in accordance with adoption of Resolution No. 25-04 will cost approximately $10,000. Adequate funds have been budgeted and appropriated in the Public Works FY 2024-25 operating budget.
AGENDA REPORT
6. RESOLUTION DECLARING ASSESSOR’S PARCEL NUMBER 401-583-01 AS EXEMPT SURPLUS LAND Resolution 25-02 will declare Assessor’s Parcel Number 401-583-01 as exempt surplus land pursuant to California Government Code Section 54221 (f)(1 )(B) and the Final Updated Surplus Land Act Guidelines Section 103(c)(3).
Recommendation:
It is recommended that the City Council take the following actions: 1. Adopt Resolution 25-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 401-583-01 AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(B) AND THE FINAL UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(3). 2. Authorize the City Manager to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: There is no fiscal impact associated with this report.
AGENDA REPORT
7. 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, October 15, 2024, and December 3, 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 25-06 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 25-06
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
8. LEGISLATIVE UPDATE
Recap of 2024 Legislative activities by the City's advocacy consultant Townsend Public Affairs, consideration of 2025 Legislative Platform and updates on legislative activity at the state and federal level.
Recommendation:
It is recommended that the City Council take the following actions: 1. Adopt 2024 Legislative Platform. 2. Receive and file legislative update prepared by Townsend Public Affairs Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
PUBLIC HEARING ITEM 9
9. ZONE CHANGE 2024-0002, REMNANT PARCEL AT TUSTIN RANCH ROAD AND INTERSTATE 5 FREEWAY The applicant, EBS Realty Partners, LLC, on behalf of The Irvine Company, is requesting a zone change to assign a Planned Community Industrial zoning designation to an unclassified remnant parcel. This zone change is necessary to facilitate a lot consolidation with the adjacent industrial property at 2441 Michelle Drive. The Planning Commission held a public hearing on November 12, 2024, and adopted Resolution No. 4509, recommending City Council adoption of Ordinance No. 1557 approving the zone change.
Recommendation:
That the City Council conduct first reading by title only for Ordinance No. 1557 and set the second reading for the next available Council meeting. ORDINANCE NO. 1557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 2024-0002, ESTABLISHING A PLANNED COMMUNITY INDUSTRIAL ZONING DESIGNATION AND SUBJECT TO THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS FOR A 2.14-ACRE VACANT PARCEL (ASSESSOR PARCEL NUMBER (APN) 432-391-59) Fiscal Impact: The action has no fiscal impact as it does not involve development at this point in time.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
ALDO E. SCHINDLER, CITY MANAGER
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
ADJOURN IN MEMORY OF PHIL COX
ADJOURN IN MEMORY OF THE HONORABLE LOU BONE
ADJOURNMENT
- The next meeting is scheduled on Tuesday, February 4, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.