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 15, 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 - NAVY NORTH HANGAR STATUS UPDATE
PRESENTATION - TUSTIN LEGACY
PRESENTATION - ITEM 11
PUBLIC INPUT - PATTY OH (ITEM 5)
PUBLIC INPUT - MARIE LUEBBERS (ITEM 5)
PUBLIC INPUT - AISHA KHAN (ITEM 11)
PUBLIC INPUT-LAUREN HAHN (ITEM 11)
PUBLIC INPUT-MIKE SPECK (ITEM 11)
PUBLIC INPUT - ANTONIO REYES (ITEM 11)
PUBLIC INPUT - BRYAN LAKE (ITEM 11)
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3076
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. 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)
5. 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 – #3076
INVOCATION – Reverend Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE – Council Member Fink
PRESENTATIONS -
* Navy North Hangar Status Update
* Tustin Legacy Community Outreach and Engagement 2025
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 APRIL 1, 2025.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on April 1, 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 $1,015,171.46 and Demands in the amount of $7,653,265.73.
AGENDA REPORT
4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1562 – CODE AMENDMENT 2024-0007: RESIDENTIAL OBJECTIVE DESIGN STANDARDS Adoption of Ordinance No. 1562 amends sections of Article 9 (Land Use) Chapter 2 (Zoning) of the Tustin City Code establishing Residential Objective Design Standards. 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.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No.1562. 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) Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1564 – FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 2022-0002 (THE JESSUP AT 17802 – 17842 IRVINE BOULEVARD) Adoption of Ordinance No. 1564 approves the first amendment to Development Agreement 2022-0002, an agreement between the City of Tustin and Tustin 40 Development LLC for “The Jessup” residential project. The amendment eliminates the owner’s requirement to pay the Voluntary Workforce Housing Incentive Program In-Lieu Fee.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No.1564. 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: There is no fiscal impact to the General Fund associated with this item. 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
6. AWARD CONSTRUCTION CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 6 and approve a Cooperative Agreement with the City of Irvine.
Recommendation:
It is recommended that the City Council:
1. Award a construction contract to the lowest responsive/responsible bidder, All American Asphalt in the amount of $2,464,122 for the Annual Roadway Rehabilitation and Sidewalk Repair Project - Zone 6 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City;
2. Approve Cooperative Agreement with the City of Irvine for work on Myford Road within the City of Irvine's jurisdiction and authorize the Director of Public Works, and City Clerk to execute the agreement on behalf of the City; and
3. Appropriate $554,009 from the Gas Tax Fund (Fund 130), $1,800,000 from Measure M2 Fair Share (Fund 139) and $406,513 from General Fund CIP (Fund 200).
The Fiscal Year 2024-25 budget has $385,000 allocated from Measure M2 Fair Share (Fund 139), which funds the annual design, traffic striping, and the biennial update to the Pavement Management Plan, including the pavement condition survey. Construction funding was earmarked within the Fiscal Year 2025-26 budget and staff is requesting an appropriation of $2,354,009 be moved into the Fiscal Year 2024-25 budget with an additional $406,513 of General Fund CIP (Fund 200) which will be reimbursed per the Cooperative Agreement at the completion of construction by the City of Irvine.
Expenses include:
• Construction Contract - Schedule "A" (City of Tustin Portion) ........ $2,057,609 • Construction Contract - Schedule "B" (City of Irvine Portion) ............ $406,513 • Contingency ...................................................................................... $246,400 • Construction Support and Geotechnical Services ............................... $50,000
AGENDA REPORT
7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE EL CAMINO REAL WATER MAIN RELOCATION PROJECT The plans and specifications for the El Camino Real Water Main Relocation Project have been prepared and the project is now ready for bid.
Recommendation:
It is recommended that the City Council adopt Resolution No. 25-27 approving plans and specifications for the El Camino Real Water Main Relocation Project and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 25-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE EL CAMINO REAL WATER MAIN RELOCATION PROJECT, CIP NO. 60178 AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: Utility Agreement COT-56 between the City of Tustin and the Orange County Transportation Authority authorizes the full reimbursement for final design and construction costs, minus an accrued depreciation credit of $2,650.
A total of $540,000 was budgeted for the design and construction of this project. The estimated total costs for this project are $665,326. If necessary, additional funds will be requested after bids are received and during consideration of the contract award.
AGENDA REPORT
8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR TUSTIN SPORTS PARK TURF RENOVATION FIELD #3 (CIP No. 20093) The plans and specifications for the Tustin Sports Park Turf Renovation Field #3, Capital Improvement Project No. 20093, have been prepared and the project is now ready to bid.
Recommendation:
It is recommended that the City Council adopt Resolution No. 25-18, approving the plans and specifications for the Tustin Sports Park Turf Renovation Field #3 (CIP No. 20093) and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 25-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN SPORTS PARK TURF RENOVATION FIELD #3 PROJECT, CIP NO. 20093 AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: The engineer’s estimate for Capital Improvement Plan No. 20093 is $650,000. The project is funded with Park Development dollars as part of the 2024-2025 Capital Improvement Program.
AGENDA REPORT
9. CITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A COMPETITIVE OFFERING FOR APPROXIMATELY 61 ACRES OF CITY-OWNED REAL PROPERTY WITHIN NEIGHBORHOOD G (PLANNING AREAS 15-A AND 15-C) OF THE TUSTIN LEGACY SPECIFIC PLAN Staff is requesting City Council consideration and approval to release a competitive offering for approximately 61 acres of City-owned real property within Neighborhood G (Planning Areas 15-A and 15-C) of the Tustin Legacy 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 approximately 61 acres of City owned real property within Neighborhood G (Planning Areas 15-A and 15-C) of the Tustin Legacy 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. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE OFFICER REPRESENTATION UNIT AND THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE MANAGEMENT REPRESENTATION UNIT Adoption of the attached Resolutions and Memoranda of Understanding will authorize terms and conditions of employment for employees in classifications represented by the Tustin Police Officers Association – Police Officer Representation Unit (TPOA) and the Tustin Police Officers Association – Police Management Representation Unit (TPMA) in accordance with City Council direction.
Recommendation:
Adopt Resolutions No. 25-29 and No. 25-30 to amend the City’s Classification and Compensation Plans, approve a Memorandum of Understanding with TPOA for the period July 1, 2025 through June 30, 2028, and approve a Memorandum of Understanding with TPMA for the period July 1, 2025 through June 30, 2028. RESOLUTION NO. 25-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 25-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE MANAGEMENT REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT Fiscal Impact: The provisions of these agreements are estimated to result in an additional cost of approximately $2,580,504 in Fiscal Year 2025-26, $3,875,052 in Fiscal Year 2026-27, and $5,125,383 in Fiscal Year 2027-28 and beyond. These additional expenditures will be included in the upcoming Fiscal Year 2025-2027 biennial budget that will be presented to the City Council in May 2025 for a budget workshop and in June 2025 for budget adoption.
AGENDA REPORT
PUBLIC HEARING ITEM 11
11. COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN FOR PROGRAM YEARS 2025-2029 AND ONE YEAR ACTION PLAN FOR PROGRAM YEAR 2025-2026 The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low- and moderate-income persons. To participate in the grant program, the City is required to prepare a five-year Consolidated Plan that identifies needs for affordable and supportive housing, community development, public services, and economic opportunities. Annually, the City is also required to prepare a one-year Action Plan that implements the goals and objectives contained in the Consolidated Plan. The documents set forth in Resolution No. 25-23 (Attachment A) fulfill these requirements.
On February 26, 2025, the Citizen Participation Committee held the first of two required public hearings in the Consolidated Plan/Action Plan approval process. At this hearing, the Committee received an overview of the grant program, heard public input and testimony, and considered and provided a recommendation on the 2025-2029 Consolidated Plan's identified community needs, including associated priorities and goals, to be transmitted to the City Council for approval.
Recommendation:
That the City Council adopt Resolution No. 25-23:
1. Approving the 2025-2029 Consolidated Plan including the proposed use of Program Year 2025-26 Community Development Block Grant funds for inclusion in the one-year Action Plan;
2. Authorizing the Community and Economic Development Director to submit the Consolidated Plan to the federal Department of Housing and Urban Development (HUD) and make minor modifications to the Consolidated Plan and execute documents, certifications, contracts, or other instruments as may be required to carry out the CDBG program.
RESOLUTION NO. 25-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2025-2029 CONSOLIDATED PLAN INCLUDING THE PROPOSED USE OF PROGRAM YEAR 2025-26 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Fiscal Impact: The proposed 2025-2029 Consolidated Plan and 2025-26 Action Plan programs and expenditures will be implemented with CDBG funds. The City anticipates that its grant allocation for Program Year 2025-26 will be approximately $700,000. No impacts to the General Fund are anticipated.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
ALDO E. SCHINDLER, CITY MANAGER
DAVID E. KENDIG, CITY ATTORNEY
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, May 6, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.