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
FEBRUARY 4, 2025
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - PARKS AND RECREATION DEPARTMENT:2025 THEME PRESENTATION - ITEM 10
PRESENTATION - ITEM 11
PRESENTATION - ITEM 12
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 4:30 P.M.
CALL TO ORDER – #3071
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Manager
5. LABOR NEGOTIATIONS - [Government Code § 54957.6]: Agency Negotiators:
Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization:
Tustin Police Officers Association (TPOA)
Employee Organization:
Tustin Police Management Association (TPMA)
REGULAR MEETING OF THE CITY COUNCIL
- 6:00 P.M.
CALL TO ORDER – #3071
INVOCATION – Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE – Council Member Fink
PRESENTATIONS -
* Orange County Fire Authority, National Burn Awareness Week 2025 * Parks and Recreation Department: 2025 Theme
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 1-9)
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 21, 2025.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on January 21, 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 $1,105,278.27 and Demands in the amount of $9,480,805.06.
AGENDA REPORT
4. ORDER PREPARATION OF THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT The Tustin Landscape and Lighting District provides funding for the maintenance of perimeter landscaping on the arterial streets and for the operation and maintenance of street lighting on public roads within the Tustin Ranch area. Resolution No. 25-08 orders the preparation of the Engineer’s Report for the Tustin Landscape and Lighting District for Fiscal Year 2025-2026.
Recommendation:
It is recommended that the City Council adopt Resolution No. 25-08 ordering the preparation of the Engineer’s Report for the Tustin Landscape and Lighting Reassessment District 2025 Levy of Annual Assessments for Fiscal Year 2025-2026. RESOLUTION NO. 25-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2025-2026 Fiscal Impact: Sufficient funds are budgeted and appropriated in the Tustin Landscape and Lighting District Fund to cover this work. Additionally, the costs for operating and maintaining the District are offset through the levy of the annual assessments for the District.
AGENDA REPORT
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REPAIR PROJECT The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project for Zone 6, Capital Improvement Project No. 70024, have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council adopt Resolution No. 25-09 approving the plans and specifications for the Annual Roadway Rehabilitation and Sidewalk Repair Project ~ Zone 6, (CIP No. 70024) and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 25-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 6, CIP NO. 70024 AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: The engineer’s estimate for CIP No. 70024 is $2,900,000 in total project costs. Included within the project are improvements to Myford Road, a split jurisdictional roadway between the City of Tustin and the City of Irvine. It is anticipated the City of Irvine, through reimbursement agreement, will contribute $500,000 in fair share cost for these improvements along Myford Road. Final Irvine contributions will be determined upon project completion.
The Fiscal Year 2024-25 budget has $415,000 allocated from Measure M2 Fair Share (Fund 139), which funds the annual design, traffic striping, alley repairs, and bridge deck maintenance. The FY 2025-26 budget requested $2,000,000 between Gas Tax Fund (Fund 130) and Fund 139 in construction funding.
As bid results are received and verified, staff will bring back a recommendation for the award and if necessary appropriate additional funding from Measure M2 and Gas Tax funds to complete the proposed CIP No. 70024.
AGENDA REPORT
6. APPROVE CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES TUSTIN LEGACY PROJECTS Staff is recommending the City Council approve a Consultant Services Agreement with Z & K Consultants to provide necessary construction management services for the upcoming construction of the Legacy Park Improvements, Neighborhood D South - Phase 2 Package 2 Improvements, and Armstrong Pedestrian Bridge projects. The agreement will also enable the City to move forward with pre-construction activities including a final constructability review prior to the upcoming bid process for each project.
Recommendation:
It is recommended that the City Council: 1. Approve the Consultant Services Agreement (CSA) with Z & K Consultants for Construction Management Services and authorize the City Manager to execute the Agreement on behalf of the City, subject to approval as to form by the City Attorney. 2. Authorize the City Manager to approve change orders up to ten percent of the negotiated cost to address unforeseen conditions. Fiscal Impact: Sufficient funds have been appropriated in the Fiscal Year 2024-2025 Capital Improvement Program Budget. The purposed Consultant Services Agreement with Z & K Consultants includes a not to exceed total compensation amount of $1,575,250.00, unless the agreement is amended by the City Manager in accordance with Recommendation 2 above.
AGENDA REPORT
7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1557 - ZONE CHANGE 2024-0002, REMNANT PARCEL AT TUSTIN RANCH ROAD AND INTERSTATE 5 FREEWAY Adoption of Ordinance No. 1557 approves the 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.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1557. 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: There is no fiscal impact associated with this item.
AGENDA REPORT
8. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDED DECEMBER 31, 2024 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy.
Recommendation:
Receive and file.Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
9. RESOLUTION ESTABLISHING A POLICY REQUIRING CITY COUNCIL CONSIDERATION AND APPROVAL OF FUTURE COMPETITIVE OFFERINGS FOR THE DISPOSITION OF CITY-OWNED REAL PROPERTY Resolution 25-10 will establish a policy requiring City Council consideration and approval of future competitive offerings for the disposition of City-owned real property.
Recommendation:
It is recommended that the City Council take the following action: 1. Adopt Resolution 25-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFTUSTIN, CALIFORNIA, ESTABLISHING A POLICY REQUIRING CITY COUNCIL CONSIDERATION AND APPROVAL OF FUTURE COMPETITIVE OFFERINGS FORTHE DISPOSITION OF CITY-OWNED REAL PROPERTY. Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
PUBLIC HEARING ITEMS 10-12
10. DEVELOPMENT AGREEMENT 2024-0007, AMENDING DEVELOPMENT AGREEMENT 2020-0001 REGARDING TERMS AND PUBLIC BENEFIT The applicant, the Tustin Auto Center Merchants Association, is requesting approval of Development Agreement (DA) 2024-0007 to amend the term and sponsorship contributions previously established in DA 2020-0001. The proposed amendment will extend the term of the agreement and establish a methodology for calculating the annual sponsorship contribution. The Planning Commission held a public hearing on December 10, 2024, and adopted Resolution No. 4511, recommending that the City Council adopt Ordinance No. 1560 to approve DA 2024-0007.
Property Owner and Applicant: John Patterson, Tustin Auto Center Merchants Association C/O Powerstone Property Management, 9060 Irvine Center Drive Irvine, CA 92618 Location: Assessor Parcel No. 500-181-08 (Rear of 40 & 44 Auto Center Dr.; No Street Address) General Plan: Planned Community Commercial Business
Zoning: Planned Community Commercial
Recommendation:
That the City Council: 1. Conduct first reading by title only for Ordinance No. 1560, approving DA 2024-0007 to amend the term and sponsorship contribution previously established by DA 2020-0001, and, 2. Set the second reading for the next available Council meeting. ORDINANCE NO. 1560 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2024-0007 AMENDING THE TERM AND SPONSORSHIP CONTRIBUTION PREVIOUSLY ESTABLISHED BY DEVELOPMENT AGREEMENT 2020-0001 BETWEEN THE CITY OF TUSTIN AND TUSTIN AUTO CENTER MERCHANTS ASSOCIATION FOR A FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT THE TUSTIN AUTO CENTER Fiscal Impact: The proposed amendment would have a positive fiscal impact, as it includes an escalated financial contribution from the Tustin Auto Center Merchants Association based on the average annual growth rate of car sales tax, providing proportional increases to the City's public benefit funding for Parks and Recreation events and programming.
AGENDA REPORT
11. CODE AMENDMENT 2024-0005 (ORDINANCE NO. 1556) TO IMPROVE THE EFFICIENCY AND CLARITY OF THE CITY'S ENTITLEMENT PROCESSES RELATED TO ALCOHOL PERMITS, SOIL REMEDIATION, MURALS AND GRAPHICS, AND TEXT ERRORS The proposed Code Amendment 2024-0005 (Ordinance No. 1556) is a City-initiated update to Section 9299 of Part 9 (Administration) of Chapter 2 (Zoning) of Article 9 (Land Use) of the Tustin City Code. The amendments, part of the ongoing "Streamline Tustin" program, aim to enhance the efficiency, clarity, and modernity of the Zoning Code in alignment with the City's Strategic Plan.
Proposed updates include: 1. Alcoholic Beverage Sales Establishments: Streamlining the Conditional Use Permit (CUP) process by allowing approval without a public hearing if no objections are received within 10 days of public notice. 2. Soil Remediation: Removing the requirement for Zoning Administrator approval, given oversight by State and county agencies. 3. Murals and Graphics: Clarifying language to accommodate new technologies and media for murals. 4. General Updates: Eliminating duplicate text and correcting typographical errors for improved clarity. On October 8, 2024, the Planning Commission reviewed and recommended City Council approval of proposed Code Amendment 2024-0005.
Recommendation:
That the City Council: 1. Conduct the first reading, by title only, of Ordinance No. 1556. 2. Schedule the ordinance for a second reading and adoption at the next regular City Council meeting. ORDINANCE NO. 1556 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9299 OF PART 9 (ADMINISTRATION) OF CHAPTER 2 (ZONING) OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE, CODE AMENDMENT (CA) 2024-0005 TO IMPLEMENT THE STREAMLINE TUSTIN PROGRAM.
Fiscal Impact:
The proposed amendments are anticipated to have a neutral to positive fiscal impact on the City's General Fund.
Cost Savings: Streamlining the CUP process for alcoholic beverage sales establishments will reduce administrative costs by minimizing staff time spent preparing reports and conducting public hearings for uncontested applications.
Revenue Neutrality: The removal of soil remediation CUP requirements is not expected to significantly impact revenue, as the City historically receives few applications for such projects. Other permitting agencies, such as the California Department of Toxic Substances Control, retain primary jurisdiction over these activities.
Operational Efficiency: Improvements to the clarity and organization of the Zoning Code will enhance staff efficiency, allowing resources to be allocated more effectively without requiring additional funding.
Overall, the amendments support operational efficiency and reduce unnecessary regulatory costs without negatively affecting the City's revenue streams.
AGENDA REPORT
12. DEVELOPMENT AGREEMENT 2024-0003, VESTING TENTATIVE TRACT MAP 19353, DESIGN REVIEW 2024-0013 AND DENSITY BONUS REQUEST The Irvine Company is requesting approval of Development Agreement (DA) 2024-0003, Vesting Tentative Tract Map 19353 (SUB 2024-0004), Design Review (DR) 2024-0013 and a Density Bonus request related to the development of a total of 1,336 apartment units, which includes 334 affordable units within Neighborhood D South of the Tustin Legacy Specific Plan. The Planning Commission held a public hearing on January 14, 2025, and adopted Resolutions No. 4514 and 4515, finding the location, purpose, and extent of the proposed disposition of real property is consistent with the General Plan and Tustin Legacy Specific Plan, and recommending that the City Council adopt Resolution No. 25-07 to approve DR 2024-0013, SUB 2024-0004, and a Density Bonus request and related deviations, and adopt Ordinance No. 1561 to approve DA 2024-0003.
Applicant: Irvine Company Attn: Kevin Roberts, 550 Newport Center Drive, Newport Beach CA 92660 Location: Lots 11, 12 And 13 Of Tract 18197; Generally Bounded By Warner Avenue To The North, Legacy Avenue To The East, Compass Avenue To The West And Tustin Ranch Road To The South, Within Planning Area 13 And 14 Of Neighborhood D, Tustin Legacy Specific Plan.
General Plan: Tustin Legacy Specific Plan
Zoning: Tustin Legacy Specific Plan
Recommendation:
That the City Council: 1. Adopt Resolution No. 25-07 approving Design Review (DR) 2024-0013, Vesting Tentative Tract Map (VTTM) 19353 and a Density Bonus request. 2. Conduct first reading by title only for Ordinance No. 1561, approving Development Agreement (DA) 2024-0003 to facilitate the development and conveyance of a 19.4-acre project site and set the second reading at a future Council meeting. RESOLUTION NO. 25-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SUB 2024-0004/VESTING TENTATIVE TRACT MAP 19353, DESIGN REVIEW 2024-0013, AND A REQUEST FOR DENSITY BONUS, FOR THE DEVELOPMENT OF 1,336 APARTMENT HOMES ON LOTS 11, 12, AND 13 OF TRACT 18197 WITHIN PLANNING AREA 13 and 14 (NEIGHBORHOOD D) OF THE TUSTIN LEGACY SPECIFIC PLAN.
ORDINANCE NO. 1561
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2024-0003 BETWEEN THE CITY OF TUSTIN AND IRVINE COMPANY FOR THE DEVELOPMENT OF A 19.4-ACRE SITE WITHIN TUSTIN LEGACY WITH 1,336 APARTMENT HOMES INCLUDING 334 AFFORDABLE UNITS Fiscal Impact: The applicant has paid the required application fees for the proposed project. The fiscal impact resulting from the sale of the property, and other actions related to the sale, will be addressed within the City Council's consideration of the project's Disposition and Development Agreement (DDA), which is not a part of this request.
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
ADJOURNMENT
- The next meeting is scheduled on Tuesday, February 18, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.