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
APRIL 1, 2025
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PUBLIC COMMENT - CAROL WILSON (ITEM 12)
PUBLIC COMMENT - NATHAN CHANDLER (ITEM 12)
PUBLIC COMMENT - DR. NATHAN YEARGIN (ITEM 12)
PUBLIC COMMENT - ZULEIMA BAQUEDANO (ITEM 12)
PUBLIC COMMENT - ALIZA GOLDSTEIN (ITEM 12)
PUBLIC COMMENT - ERIC HIGUCHI (ITEM 12)
PUBLIC COMMENT - PATRICK LEMON (ITEM 12)
PUBLIC COMMENT - PATRICK LEMON (ITEM 12) (2)
PUBLIC COMMENT - MICHAEL LUEBBERS (ITEM 12)
PRESENTATION - ITEM 11
PRESENTATION - ITEM 13
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 4:30 P.M.
CALL TO ORDER – #3075
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 430-481-13, 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/Real Property; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager Negotiating Parties: Mariners Church
Under Negotiation: Price and Terms of Payment
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)
6. LIABILITY CLAIM - [Government Code § 54956.95] Claimant: The Center for Toxicology and Environmental Health, L.L.C Agency claimed against: City of Tustin
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY - 6:00 P.M.
CALL TO ORDER – #3075
INVOCATION – Pastor Jorge Molina, Mariners 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 1-10)
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 MARCH 18, 2025.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on March 18, 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 $1,087,366.13 and Demands in the amount of $3,123,149.93.
AGENDA REPORT
4. VETERANS SPORTS PARK MURAL PUBLIC ART PROJECT
At their March 12, 2025, Meeting, the Public Art Commission selected a design for the Veterans Sports Park Mural to recommend to the City Council for final approval.
Recommendation:
It is recommended that the City Council adopt Resolution 25-22 approving the wall mural design, submitted by artist Anne-Sophie Gaudet, to be installed on the cell site building at Veterans Sports Park and authorize the Parks and Recreation Department to execute an agreement with the artist. RESOLUTION NO. 25-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ARTWORK FOR THE VETERANS SPORTS PARK MURAL AS RECOMMENDED BY THE PUBLIC ART COMMISSION AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST Fiscal Impact: Upon completion of the wall mural, the artist will be paid $11,500 from the Public Art Fund in the 2024-2025 Fiscal Year Budget.
AGENDA REPORT
5. LOCKER MURAL PUBLIC ART PROJECT
At their March 12, 2025, meeting, the Public Art Commission approved the design for the Temporary Emergency Shelter Locker Mural for recommendation to the City Council for final approval.
Recommendation:
It is recommended that the City Council adopt Resolution 25-24 approving the mural design, submitted by the Tustin Unified School District Visual Arts Program, to be installed on the lockers at the Temporary Emergency Shelter and authorize the Parks and Recreation Department to execute an agreement with Tustin Unified School District. RESOLUTION NO. 25-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ARTWORK FOR THE TUSTIN TEMPORARY EMERGENCY SHELTER LOCKER MURAL AS RECOMMENDED BY THE PUBLIC ART COMMISSION AND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE TUSTIN UNIFIED SCHOOL DISTRICT Fiscal Impact: Upon completion of the wall mural, the Tustin Unified School District Visual Arts Program will be paid $4,000 from the Public Art Fund in the 2024-2025 Fiscal Year Budget.
AGENDA REPORT
6. RESOLUTION OF CITY COUNCIL AND RESOLUTION OF HOUSING AUTHORITY BOARD EACH AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY AND HOUSING AUTHORITY The Tustin Public Financing Authority is a joint exercise of powers entity formed in 1995 between the City of Tustin and the now dissolved Tustin Redevelopment Agency and can no longer be used by the City for financing transactions. Staff is requesting the City Council and Housing Authority Board’s approvals to execute a Joint Exercise of Powers Agreement between the City and Housing Authority, thereby forming a new financing authority to facilitate future financing transactions.
Recommendation:
1. The City Council adopts the City Council Resolution No. 25-16 authorizing the City's execution and delivery of a Joint Exercise of Powers Agreement by and between the City and Housing Authority (Attachment 1).
2. The Housing Authority adopts the Housing Authority Resolution No. 25-02 authorizing the Housing Authority's execution and delivery of a Joint Exercise of Powers Agreement by and between the City and Housing Authority (Attachment 2).
RESOLUTION NO. 25-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF TUSTIN AND THE TUSTIN HOUSING AUTHORITY
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 25-02
A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN AUTHORIZING THE EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF TUSTIN AND THE TUSTIN HOUSING AUTHORITY
Fiscal Impact: None at this time. Authorizing the execution and delivery of a Joint Exercise of Powers Agreement allows for the formation of a new financing authority by the City and the Housing Authority, but does not allow the financing authority to undertake financing without further review and action by the City Council.
AGENDA REPORT
7. RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) SPECIAL TAX BONDS, SERIES 2015A; CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX REFUNDING BONDS, SERIES 2015A; AND CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS, SERIES 2015B, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Staff is seeking City Council approval to authorize the initiation of proceedings to issue bonds (the “2025 Refunding Bonds”) to refund the outstanding City of Tustin Community Facilities District No. 2014-1 (Tustin Legacy/Standard Pacific) Special Tax Bonds, Series 2015A; City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) Special Tax Refunding Bonds, Series 2015A; and City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Village) Special Tax Bonds, Series 2015B (collectively, the “2015 CFD Bonds”), to take advantage of lower interest rates to reduce the annual debt service payments and lower property owners’ special tax payments starting in Fiscal Year 2025-2026.
Recommendation:
It is recommended that: THE CITY COUNCIL ADOPT CITY COUNCIL RESOLUTION 25-17 ENTITLED: RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) SPECIAL TAX BONDS, SERIES 2015A; CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX REFUNDING BONDS, SERIES 2015A; AND CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS, SERIES 2015B, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Fiscal Impact: The issuance of the 2025 Refunding Bonds to refinance the 2015 CFD Bonds will have no financial impact on the City, as all payments of principal and interest on the Bonds will be paid solely from special tax assessments levied and collected from properties located in the affected community facilities districts. The debt service savings generated by the refinancing will benefit the districts’ property owners. It is estimated that the refinancing of the 2015 CFD Bonds will reduce annual debt service payments by approximately $575,000 per year, totaling over $5.1 million in net present value saving over the remaining term of the Bonds based on market conditions as of March 14, 2025.
AGENDA REPORT
8. DECLARATION OF SURPLUS COMPUTER EQUIPMENT
The City has accumulated a collection of obsolete and/or damaged equipment including, but not limited to, desktop and laptop computers, access points, servers network equipment, camera equipment, printers, scanners, tablets, and phone devices that are no longer functional or needed for public use.
Recommendation:
1. Declare the listed equipment as surplus and not required for public use; and
2. Authorize staff to sell serviceable equipment and dispose of assets beyond repair.
Fiscal Impact: Surplus property with salvage value will be sent to auction, and the proceeds from the sale will be deposited into the Information Technology Fund.
AGENDA REPORT
9. CITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A COMPETITIVE OFFERING FOR CITY-OWNED REAL PROPERTY AT 150 E. FIRST STREET Staff is requesting City Council consideration and approval to release a competitive offering for 0.4 acres of City-owned real property at 150 E. First Street within Development Area 2 of the Downtown Commercial Core Specific Plan pursuant to the procedures recently approved by the City Council in Resolution 25-10.
Recommendation:
It is recommended that the City Council take the following actions:
1. Authorize staff to release a competitive offering for 0.4 acres of City-owned real property at 150 E. First Street within Development Area 2 of the Downtown Commercial Core Specific Plan pursuant to the procedures recently approved by the City Council in Resolution 25-10; and
2. Authorize the City Manager to continue and/or enter into temporary leases and licenses prior to final disposition
Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
10. POLICE DEPARTMENT VEHICLE PURCHASE
On December 28, 2024, patrol unit #3417 was involved in a traffic collision (Report #24-08526). The vehicle was inspected by the City’s insurance adjuster and deemed to be a total loss and needs to be replaced. Staff is recommending the purchase of one (1) new 2023 Dodge Charger pursuit-rated vehicle, which will be a more cost effective replacement then a 2025 Dodge Durango.
Recommendation:
It is recommended the City Council authorize:
1. The purchase of one (1) 2023 Dodge Charger pursuit-rated vehicle from Jake Sweeney Automotive in the City of Cincinnati, OH. in the amount of $37,744.00 assigned to patrol. This vehicle is being purchased from out of state because of its price and includes delivery.
2. Use Tax associated with out of state purchase of 2023 Dodge Charger in the amount of $2,925.16.
3. Labor costs associated with Bill's Body Works painting one (1) black 2023 Dodge Charger pursuit-rated vehicle in the amount of $2,140.25.
4. Labor costs associated with Hi-Standard installing police equipment from a previously decommissioned patrol vehicle into one (1) 2023 Dodge Charger pursuit-rated vehicle in the amount of $3,150.00.
5. The purchase of graphic designs from Digital Magic Signs for one (1) 2023 Dodge Charger pursuit-rated vehicle in the amount of $771.99.
6. The purchase of one (1) CradlePoint and one (1) antenna from CDCE, Incorporated fora total amount of $5,034.60.
7. Labor costs associated with CDCE, Incorporated to install one (1) CradlePoint and one (1) antenna in the vehicle in the amount of $912.00.
8. Authorize an increase to the General Fund revenues in the amount of $14,762.03 for the receipt of the insurance reimbursement for patrol unit #3417.
9. Authorize a supplemental appropriation in the amount of $52,678.00 to be transferred from the General Fund (100) fund balance to the Equipment Replacement Fund (184) for the funding of the 2023 Dodge Charger.
10. Authorize a supplemental appropriation from the Equipment Replacement Fund (184) for the purchase and outfitting of the 2023 Dodge Charger in the amount of $52,678.00.
Fiscal Impact: The purchase of this 2023 Dodge Charger was unexpected and requires a supplemental appropriation of $52,678.00 from the General Fund (100) to be transferred to the Equipment Replacement Fund (184). Hanover Insurance Group deemed the value of patrol unit #3417 at $24,762.03. The City's deductible is $10,000.00. This means the total owed to the City will be $14,762.03, which is to be deposited into the General Fund (100) to offset this unexpected cost. The purchasing and outfitting of the vehicle will be funded from the Equipment Replacement Fund (184).
AGENDA REPORT
PUBLIC HEARING ITEMS 11
- 12
11. CODE AMENDMENT 2024-0007: RESIDENTIAL OBJECTIVE DESIGN STANDARDS The Community and Economic Development Department has prepared Objective Design Standards for multi-family and mixed-use residential projects. Objective Design Standards are prescriptive regulations that are intended to shape the design of residential development projects. The creation and adoption of Objective Design Standards implements Program 1.2a of the Housing Element Implementation Program and aligns with recent State laws that require cities to approve certain affordable housing projects without discretionary review. Objective Design Standards also provide housing projects an opportunity for a streamlined review process.
From July to October 2024, City staff and the City's consultant, Placeworks Inc., developed draft Objective Design Standards, held stakeholder and Planning Commission workshops to discuss such standards, and worked to solicit feedback from local developers. On February 25, 2025, the Planning Commission reviewed the Final Draft Objective Design Standards and recommended City Council approval.
Recommendation
: That the City Council:
1. Have first reading by title only of Ordinance 1562, amending sections of Article 9 (Land Use) Chapter 2 (Zoning) of the Tustin City Code establishing Residential Objective Design Standards and set the second reading for the next available meeting.
2. Adopt City Council Resolution 25-03, approving the Objective Design Standards, to establish clear, measurable criteria for the design of qualifying residential developments.
ORDINANCE NO. 1562
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) CHAPTER 2 (ZONING) TO ESTABLISH THE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY AND MIXED-USE RESIDENTIAL PROJECTS (CODE AMENDMENT (CA) 2024-0007) CITY COUNCIL RESOLUTION NO. 25-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE OBJECTIVE DESIGN STANDARDS MANUAL TO ESTABLISH CLEAR AND MEASURABLE CRITERIA FOR THE DESIGN OF MULTIFAMILY AND MIXED-USE RESIDENTIAL PROJECTS Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
12. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 2022-0002 – THE JESSUP AT 17802 – 17842 IRVINE BOULEVARD A request for the first amendment to Development Agreement 2022-0002, an agreement between the City of Tustin and Tustin 40 Development LLC (Property Owner) for “The Jessup” residential project. The proposed amendment is a request to eliminate the Property Owner’s requirement to pay the Voluntary Workforce Housing Incentive Program In-Lieu Fee (“In-Lieu Fee”).
On July 9, 2024, the City of Tustin Planning Commission held a public hearing on the proposed request and adopted Resolution No. 4492, recommending that the City Council adopt Ordinance No. 1544, approving the first amendment to Development Agreement 2022-0002. On September 17, 2024, the City Council held a public hearing to consider the Property Owner’s requested amendment to Development Agreement 2022-0002. The City Council’s motion failed due to a 2-2-1 vote (Attachment 3). The Property Owner is now requesting that the City Council reconsider the matter and adopt Ordinance 1564, approving first amendment to Development Agreement 2022-0002 (Attachment 4).
Recommendation
: That the City Council conduct first reading of Ordinance No. 1564, by title only, for the first amendment to Development Agreement 2022-0002, and set second reading to the next available Council meeting. ORDINANCE NO. 1564 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (DA) 2022-0002, TO ELIMINATE OWNER’S REQUIREMENT TO PAY FOR THE VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE FOR THE “THE JESSUP” RESIDENTIAL PROJECT LOCATED AT 17802 AND 17842 IRVINE BOULEVARD.
Fiscal Impact: The removal of the In-Lieu Fee will reduce anticipated contributions to the City’s Housing Fund by approximately $289,560; however, the reduction is consistent with the Council’s action to temporarily waive the In-Lieu fee where it applies elsewhere, pursuant to the Municipal Code, which includes properties within the Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan.
AGENDA REPORT
REGULAR BUSINESS ITEM 13
13. 2024 YEAR IN REVIEW – COMMUNITY AND ECONOMIC DEVELOPMENT The 2024 Year in Review summarizes Community and Economic Development’s programs and activities conducted from January through December 2024.
Recommendation
: It is recommended that the City Council receive and file the report.Fiscal Impact: There is no fiscal impact associated with this item.
MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA No agenda report has been prepared by staff Pursuant to Resolution No. 21-105, if any three (3) members of the Council approve a motion to agendize any of the following items for a future meeting, the City Manager will initiate preparation of an appropriate agenda report and evaluate the tentative dates for the requested item to be placed on the agenda for discussion and consideration by the City Council.
An aye vote will direct staff to prepare an agenda report for Council discussion and consideration at a future meeting date to be determined by the City Manager.
A nay vote will result in no further action taken and the item may not be requested by either of the requesting members of the Council again earlier than six months after the Council last considered the request.
AGENDA REPORT
14. UPDATE OF TUSTIN CITY CODE, ARTICLE 5, SECTION 4: BIKE REGISTRATION Submitted By Council Member Fink, Co-Signed By Mayor Lumbard.
Proposed Motion: Direct staff to prepare an agenda report for Council discussion and consideration at a future meeting date to be determined by the City Manager.
Recommendation
: Pleasure of the City Council.
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
COUNCILMEMBER FINK
COUNCILMEMBER SCHNELL
COUNCILMEMBER GALLAGHER
MAYOR PRO TEM NIELSEN
MAYOR LUMBARD
ADJOURNMENT
- The next meeting is scheduled on Tuesday, April 15, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.