HomeMy WebLinkAbout02 CC MINUTES 12.3.24 AND 12.17.24Docusign Envelope ID: 7B5985FB-4931-40EC-BD13-D7C13E1D8F93
Agenda Item
2
Reviewed:
City Manager
Initial
aS
Finance Director
N/A
CITY OF TUSTIN REGULAR MEETING DECEMBER 3, 2024
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Ryan Gallagher, Mayor Pro Tern
Letitia Clark, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager
Rebecca Gomez, Council Member Erica N. Yasuda, City Clerk
Rav Schnell, Council Member David E. Kendia. Citv Attornev
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3067 at 5:31 p.m.
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard and Council Members Letitia Clark, Rebecca
Gomez and Ray Schnell
Absent: Mayor Pro Tern Ryan Gallagher (arrived at 5:35 p.m.)
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Aldo E. Schindler, City Manager
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene
to discuss Items 3 and 4 as they appear on the Closed Session agenda.
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)
City Council December 3, 2024
Meeting Minutes Page 1 of 13
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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
APN 430-481-12
Address/Description
Agency
City of Tustin
City Negotiators
Aldo E. Schindler, City Manager; Nicole Bernard,
Assistant City Manager; Ryan Swiontek, Deputy
Director of Real Property; and Kenneth Piguee,
Real Property Manager
Negotiating Parties
CDS-MS (Tustin)
Under Negotiation
Price and Terms of Payment
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — #3067 at 7:03 p.m.
PRESENTATION OF COLORS — Tustin Police Honor Guard
PLEDGE OF ALLEGIANCE — Mayor Lumbard
INVOCATION — Pastor Jorge Molina, Mariners Church
PRESENTATIONS —
RECOGNITION OF COUNCIL MEMBER REBECCA "BECKIE" GOMEZ
On behalf of the City Council, Council Member Clark presented a proclamation and Mayor
Lumbard presented a gift to Council Member Rebecca Gomez in recognition of her years of
service to the Tustin community.
City Council December 3, 2024
Meeting Minutes Page 2 of 13
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The following recognized Council Member Gomez:
o Orange County Supervisor Vicente Sarmiento
o Congresswoman Young Kim; Congressional Aide & Military Affairs Liaison, James
Burandt-Nair
o Congressman Dave Min
o Assemblywoman Cottie Petrie -Norris; Field Representative, Lillian Hollar
o Orange County Mosquito and Vector Control District; District Manager, Lora Young
o Tustin Unified School District; Superintendent, Mark Johnson, and Board President,
Allyson Muniz Damikolas
o League of California Cities; Regional Public Affairs Manager, Orange County
Division, Connor Medina
RECOGNITION OF COUNCIL MEMBER LETITIA CLARK
On behalf of the City Council, Council Member Gomez presented a proclamation and Mayor
Lumbard presented a gift to Council Member Letitia Clark in recognition of her years of service
to the Tustin community.
The following recognized Council Member Clark:
o Congresswoman Young Kim; Congressional Aide & Military Affairs Liaison, James
Burandt-Nair
o Congressman Dave Min
o Assemblywoman Cottie Petrie -Norris; Field Representative, Lillian Hollar
o Orange County Supervisor Vicente Sarmiento
o Tustin Unified School District; Superintendent, Mark Johnson, and Board President,
Allyson Muniz Damikolas
o League of California Cities; Regional Public Affairs Manager, Orange County
Division, Connor Medina
PUBLIC INPUT —
1. Barbara Bagneris
City Council December 3, 2024
Meeting Minutes Page 3 of 13
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CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-15 —
Public Input for Consent Calendar — None
Mayor Lumbard noted for the record that the Council has received revised Resolution No.
24-87, which included the certified election results, for Item No. 15: declaring results of the
November 5, 2024, general municipal election
Council Member Gomez requested to pull Item No. 6
It was moved by Mayor Pro Tern Gallagher and seconded by Council Member Schnell to
pull Item No. 6 and approve the balance of the Consent Calendar as recommended by
staff.
Roll Call Vote — City Clerk
Motion carried: 5-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: The City Council waived reading in full of all ordinances and resolutions on
the agenda and declared 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 NOVEMBER 19, 2024.
Motion: The City Council approved the Action Minutes of the City Council Meeting
held on November 19, 2024.
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.
Motion: The City Council approved Payroll in the amount of $1,088,262.02 and
Demands in the amount of $3,193,343.34.
4. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED
LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR
City Council December 3, 2024
Meeting Minutes Page 4 of 13
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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, and October 15, 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.
Motion: The City Council adopted Resolution 24-86 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 24-86
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 was 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.
5. ADOPTION OF THE 2025 INVESTMENT POLICY
The City's Investment Policy is reviewed on an annual basis for submission and
approval by the City Council. On November 21, 2024, the Audit Commission
reviewed the current Investment Policy and found it to contain relevant provisions
from the California Government Code. Therefore, the Audit Commission
recommends that the City Council adopt the Investment Policy for Calendar Year
2025 with no changes.
Motion: The City Council adopted the City's Investment Policy for Calendar Year
2025 with no changes. Adoption of the Investment Policy also delegates to the City
Treasurer for a period of one-year the authority to invest the funds of the City in
accordance with the Investment Policy.
Fiscal Impact: Consistent with State Law, the City's primary investment objective is
to invest in a manner aimed to safeguard principal and maintain liquidity where the
secondary objective is to achieve a market rate of return. The Investment Policy for
Calendar Year 2025 continues to provide for safety and liquidity of public funds while
earning a reasonable rate of return.
City Council December 3, 2024
Meeting Minutes Page 5 of 13
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6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1548 — REVISING
THE START TIME OF REGULAR MEETINGS OF THE CITY COUNCIL AND
PLANNING COMMISSION
Adoption of Ordinance No. 1548 amends the Tustin City Code to change the start
time of the City Council's regular meetings to 4:30 p.m. for closed sessions during
regular meetings and 6:00 p.m. for open session regular meetings, and to revise the
start time for the Planning Commission's regular meetings to 6:00 p.m.
It was moved by Mayor Pro Tern Gallagher and seconded by Mayor Lumbard to have
second reading by title only and adoption of Ordinance No. 1548.
Roll Call Vote — City Clerk
Motion carried: 3-2 (Council Member Gomez and Council Member Clark dissented)
ORDINANCE NO. 1548
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPLACING
AND SUPERSEDING TUSTIN CITY CODE SECTION 1301 REGARDING
REGULAR MEETINGS OF THE CITY COUNCIL, AND TUSTIN CITY CODE
SECTION 1515 REGARDING REGULAR MEETINGS OF THE PLANNING
COMMISSION
Fiscal Impact: There was no fiscal impact associated with this item.
7. 2025 LOCAL APPOINTMENTS LIST
Prior to December 31 st of each year, the Maddy Act requires municipal agencies to
prepare and post a listing of all Commission/Board vacancies for the upcoming year.
Motion: Approved the 2025 Local Appointments List for the Planning Commission,
Community Services Commission, Audit Commission, Building Board of Appeals and
Public Art Commission and posted notice as required by law.
Fiscal Impact: There was no fiscal impact associated with this item.
8. HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR 2023-2024
In accordance with Senate Bill 341's amendments to Health & Safety Code Section
34176.1(f), the Tustin Housing Authority, serving as the Housing Successor to the
former Tustin Community Redevelopment Agency, has prepared an annual report
for filing with the Tustin Housing Authority Commission and the Tustin City Council.
Motion:
The Tustin Housing Authority Commissioners took the following action:
City Council December 3, 2024
Meeting Minutes Page 6 of 13
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1. Received and filed the Housing Successor Annual Report for Fiscal Year
2023-2024 and transmit such report to the Tustin City Council.
The Tustin City Council took the following actions:
1. Received and filed the Housing Successor Annual Report for Fiscal Year
2023-2024.
2. Directed that a copy of the Housing Successor Annual Report be posted on
the City of Tustin's website at www.tustinca.org.
Fiscal Impact: There was no fiscal impact associated with this item.
9. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT
The Local Transportation Authority Ordinance No. 3 requires the City to adopt an
annual expenditure report detailing Net Revenues, developer/traffic impact fees, and
City expenditures that meet the Maintenance of Effort requirements. The Orange
County Transportation Authority established the Maintenance of Effort benchmark
with the original passage of Measure M. Under the MOE requirement, the City must
spend local funds on transportation -related projects each fiscal year to remain eligible
to receive Measure M2 Fairshare funds. For Fiscal Year 2023-24, the City's required
Maintenance of Effort expenditure is $1,938,025.
Motion: The City Council adopted Resolution No. 24-83, adopting the Measure M2
Expenditure Report for Fiscal Year 2023-2024 (attached), and directed staff to file
the report with the Orange County Transportation Authority.
RESOLUTION NO. 24-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY
OF TUSTIN, CALIFORNIA
Fiscal Impact: There was no fiscal impact associated with this agenda item.
10. FISCAL YEAR 2023-2024 DEVELOPMENT IMPACT FEE REPORT (ASSEMBLY
BILL 1600)
The attached report is prepared to comply with California Government Code Section
66006, which requires an annual disclosure and review of collected development
impact fees and expenditures within 180 days after the last day of the fiscal year.
Motion: The City Council received and filed this report.
Fiscal Impact: There was no direct fiscal impact associated with this item.
11. CENTENNIAL PARK HANDBALL WALL PUBLIC ART PROJECT
City Council December 3, 2024
Meeting Minutes Page 7 of 13
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At their November 20, 2024, Regular Meeting, the Public Art Commission
recommended forwarding the design for the Centennial Park Handball Wall Mural to
the City Council for final approval.
Motion: The City Council adopted Resolution 24-85 approving the design for the
Centennial Park Handball Wall Mural, which was created via a public input process
led by artist Carla Roque.
RESOLUTION NO. 24-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING THE ARTWORK AS RECOMMENDED BY THE PUBLIC ART
COMMISSION AND AUTHORIZING THE PARKS AND RECREATION
DEPARTMENT TO EXECUTE AN AGREEMENT WITH THE ARTIST
Fiscal Impact: The artist will be paid $10,000 upon completion of the wall mural,
which left the balance remaining in the Public Art Fund for the 2024-2025 Fiscal Year
at $29,000.
12. AUTHORIZE USE OF THE OMNIA PARTNERS PURCHASING PROGRAM FOR
COUNCIL CHAMBER/COMMUNITY CENTER ROOF REPLACEMENT
Staff is requesting authorization to award the Council Chamber/Community Center
Roof Replacement Project, CIP No. 10032, through use of the OMNIA Partners
Purchasing Program.
Motion: The City Council:
1. Adopted Resolution No. 24-84 authorizing the use of OMNIA Partners;
Contract #PW1925 with Garland DBS, Inc. for the purchase, installation and
warranty in the amount of $786,786; and
2. Authorized the City Manager and the City Clerk to execute the contract
documents on behalf of the City.
RESOLUTION NO. 24-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING USE OF THE OMNIA PARTNERS PURCHASING PROGRAM TO
PURCHASE CERTAIN ITEMS FOR THE COUNCIL CHAMBER/COMMUNITY
CENTER ROOF REPLACEMENT PROJECT, CIP NO. 10032
Fiscal Impact: Sufficient funds have been appropriated in the Fiscal Year 2024-
2025 Capital Improvement Program Budget.
13. APPROVE UTILITY AGREEMENT WITH ORANGE COUNTY TRANSPORTATION
AUTHORITY
City Council December 3, 2024
Meeting Minutes Page 8 of 13
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Staff is requesting that the City Council approve Utility Agreement No. COT-56 with
the Orange County Transportation Authority for the El Camino Real Water Main
Relocation Project, Capital Improvement Program Project No. 60178.
Motion: The City Council:
1. Approved Utility Agreement No. COT-56 between the Orange County
Transportation Authority and the City of Tustin for the El Camino Real Water
Main Relocation Project; and
2. Authorized the City Manager or his designee, the Director of Public Works,
and City Clerk to execute the agreement on behalf of the City.
Fiscal Impact: The Orange County Transportation Authority will fully reimburse the
final design and construction costs, minus an accrued depreciation credit of $2,650.
A total of $550,000 has been budgeted in the Fiscal Year 2024-2025 Capital
Improvement Program for the design and construction phase. The estimated total
construction cost is $665,326. Additional funds will be requested in the mid -year
budget review process.
14. NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK ROOF
REPLACEMENT PROJECT
Construction for the Tustin Sports Park Roof Replacement Project (Capital
Improvement Project No. 20095), has been completed to the satisfaction of the City
Engineer and is now ready for City Council acceptance.
Motion: The City Council:
1. Adopted Resolution No. 24-80 accepting the Tustin Sports Park Roof
Replacement Project; and
2. Authorized the City Engineer to execute and file the Notice of Completion with
the County Recorder's Office.
RESOLUTION NO. 24-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING
THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE TUSTIN
SPORTS PARK ROOF REPLACEMENT PROJECT (CIP NO. 20095)
Fiscal Impact: Tustin Sports Park Roof Replacement Project was funded by the
Park Development Fund (Fund 131). The approved project budget was $365,399
and final construction costs were $362,084.72.
15. DECLARING RESULTS OF THE NOVEMBER 5, 2024, GENERAL MUNICIPAL
ELECTION
City Council December 3, 2024
Meeting Minutes Page 9 of 13
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On November 5, 2024, the City's General Municipal Election was held to elect one
Council Member in each of the following Districts: 1, 2 and 4 and to cast ballots
regarding Measure II (revising the limitations on consecutive terms of the Mayor and
members of the City Council).
Motion: The City Council:
1. Adopted revised Resolution No. 24-87 declaring the results and other such
matters as provided by law for the November 5, 2024, General Municipal
Election; and
2. Adopted Ordinance No. 1559 implementing the voters' approval of Measure
II.
RESOLUTION NO. 24-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD
ON NOVEMBER 5, 2024, AND OTHER SUCH MATTERS AS PROVIDED BY LAW
ORDINANCE NO. 1559
AN ORDINANCE OF THE PEOPLE OF THE CITY OF TUSTIN, CALIFORNIA
REVISING THE LIMITATIONS ON CONSECUTIVE TERMS OF THE MAYOR AND
MEMBERS OF THE CITY COUNCIL
Fiscal Impact: There was no fiscal impact associated with this item.
OATHS OF OFFICE FOR NEWLY ELECTED COUNCIL MEMBERS IN DISTRICTS 1, 2
AND 4
The Honorable Lynne Riddle administered Lee Fink's oath of office.
Orange County Board of Education Trustee Tim Shaw administered John Nielsen's oath of
office.
Cole Gallagher administered Ryan Gallagher's oath of office.
REGULAR BUSINESS ITEMS 16-17
16. MAYOR PRO TEM SELECTION
The City Council selects a member of the Council who will serve as Mayor Pro Tern
for the following year.
Public Input — None
City Council December 3, 2024
Meeting Minutes Page 10 of 13
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It was moved by Mayor Pro Tern Gallagher and seconded by Council Member
Schnell to nominate Council Member Nielsen to serve as Mayor Pro Tern for the
following year.
It was moved by Council Member Fink to nominate Council Member Schnell to serve
as Mayor Pro Tern for the following year. The motion did not receive a second.
Roll Call Vote — City Clerk
Motion carried: 5-0
Fiscal Impact: There was no fiscal impact associated with this item.
17. 2025 MAYORAL APPOINTMENTS TO COMMITTEES
Annually the Mayor appoints those members of the City Council who will serve on
various City and Regional committees.
Mayor Lumbard noted for the record that a revised list of appointments and Form 806
has been circulated to the Council and has been made available to the public.
Public Input — None
It was moved by Mayor Pro Tern Nielsen and seconded by Council Member
Gallagher to:
1. Confirm the revised appointments as recommended by the Mayor; and
2. Adopt revised FPPC Form 806: Agency Report of Public Official Appointments
and direct staff to post on the City's website.
Fiscal Impact: There was no fiscal impact associated with this this item.
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Fink
Thanked friends and community members who attended the meeting to support him; also
thanked the people in attendance in support of Council Member Gallagher and Mayor Pro
Tern Nielsen; extended gratitude to everyone who attended to support outgoing Council
Members Gomez and Clark; appreciated the community's support; reflected on growing up
in Tustin and attending Foothill High School, honored to serve the community he grew up
in; emphasized Tustin's unique qualities and expressed enthusiasm for making it an even
better place to live.
November 28
Attended Operation Warm Wishes' 17t" Annual Unity in the Community Thanksgiving
City Council December 3, 2024
Meeting Minutes Page 11 of 13
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Spectacular event; applauded the event's volunteerism and efforts; mentioned is committed
to supporting similar initiatives in the future.
Stated is very proud to serve the Tustin community.
Council Member Schnell
Congratulated the newly seated Council Member Fink and Mayor Pro Tern Nielsen;
recognized the contributions of outgoing Council Members Clark and Gomez; highlighted
the strong foundation they left behind; stated is committed to continuing the progress made;
congratulated Council Member Gallagher on his reelection.
Participated in a recent mission trip with Orange Lutheran High School; stated the Tustin
community is truly blessed.
November 27
Attended the Tustin Police Department's Annual Thanksgiving Meal Giveaway event;
assisted in distributing turkeys and Thanksgiving meals alongside Police Chief Stu
Greenberg and Tustin Police Department staff; remarked on Tustin's strong sense of
community and the city's efforts to care for those in need.
Thanked outgoing Council Members Gomez and Clark for their years of service; stated they
will be missed.
Council Member Gallagher
Deferred report until next meeting.
Congratulated -new colleagues; expressed enthusiasm for the exciting initiatives underway
in the city and looks forward to collaborating with the new team.
Mayor Pro Tem Nielsen
Expressed appreciation for the opportunity to serve another term on the City Council;
congratulated newly elected Council Member Fink and reelected Council Member
Gallagher; thanked colleagues for their warm welcome; recognized the significant
contributions of outgoing Council Members Clark and Gomez; commended them as major
parts of the Tustin community and thanked them for their service; thanked everyone who
supported him on the campaign trail and for their numerous contributions.
Thanked the nonprofit organizations he is involved with, particularly the Tustin Host Lions
Club; assisted the Tustin Host Lions Club with putting together care bags for the Marines at
Camp Pendleton who may not make it home for the holidays; highlighted the organization's
commitment to service.
Grateful to serve alongside dedicated colleagues and community members; is optimistic
about Tustin's bright future.
Mayor Lumbard
City Council December 3, 2024
Meeting Minutes Page 12 of 13
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Honored to have served alongside outgoing Council Members Gomez and Clark;
congratulated new colleagues Council Member Fink and Mayor Pro Tern Nielsen, and
reelected Council Member Gallagher; stated Cole Gallagher, son of Council Member
Gallagher, did a fantastic job reading Council Member Gallagher's oath of office.
Announced Tustin's unique character as being rooted in civility, even in moments of
disagreement; emphasized how this respectful spirit is shared by the Council, city staff, and
the community; is enthusiastic for the continuation of the civility with the newly seated
Council team; stated it is a joy and privilege to serve such a special city.
ADJOURNED at 8:09 p.m. The next meeting is scheduled on Tuesday, December 17, 2024,
for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
City Council December 3, 2024
Meeting Minutes Page 13 of 13
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CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
John Nielsen, Mayor Pro Tern
Ryan Gallagher, Council Member
Ray Schnell, Council Member
Lee K. Fink. Council Member
Agenda Item
2
Reviewed:
City Manager
Initial
aS
Finance Director
N/A
DECEMBER 17, 2024
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
ti.. VIDEO CONFERENCE
Austin Lumbard, Mayor Aldo E. Schindler, City Manager
Erica N. Yasuda, City Clerk
David E. Kendia. Citv Attornev
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
City Clerk Erica N. Yasuda announced the Closed Session meeting was cancelled.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — #3068 at 7:02 p.m.
Council Member Fink participated via teleconference as permitted by Brown Act section
54953, subsection (f).
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Nielsen
ROLL CALL — City Clerk
Present: Mayor Austin Lumbard, Mayor Pro Tern John Nielsen, and Council
Members Ryan Gallagher, Ray Schnell and Lee K. Fink
Absent: None
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Aldo E. Schindler, City Manager
INVOCATION — Pastor Jorge Molina, Mariners Church
PUBLIC INPUT — Lana Clay (Zoom)
City Council December 17, 2024
Meeting Minutes Page 1 of 6
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CONSENT CALENDAR ITEM 1 —
Public Input for Consent Calendar— None
It was moved by Council Member Gallagher and seconded by Council Member Schnell to
approve the balance of the Consent Calendar as recommended by staff.
Roll Call Vote — City Clerk
Motion carried: 5-0
WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: The City Council waived reading in full of all ordinances and resolutions on
the agenda and declared that said titles which appear on the public agenda shall be
determined to have been read by title and further reading waived.
PUBLIC HEARING ITEM 2
2. HOUSING ELEMENT REZONE IMPLEMENTING PROGRAMS 1.1A, 1.113, 1.1 F,
AND 1.1G OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE
GENERALPLAN
Mayor Lumbard recused himself due to a potential conflict of interest.
Mayor Pro Tern Nielsen chaired the meeting.
Under State law, the City's Housing Element must show that the City can provide its
fair share of regional housing over an eight -year period (2021 to 2029). The City's
share of housing is established by a process called the Regional Housing Needs
Allocation (RHNA). The current RHNA mandates the City to accommodate the
construction of at least 6,782 dwelling units. However, the City's current zoning can
only accommodate 4,614 new dwellings; which results in a shortfall of 2,168 units.
Pursuant to the mandates of State law, the City established a "rezone program" in
the Housing Element that specifies properties that will be rezoned to residential to
resolve the shortfall. After lengthy public engagement and input, surveys, workshops,
and hearings, the Planning Commission recommended approval of the Housing
Element on September 13, 2022, and the City Council adopted the Housing Element
on October 4, 2022. The adopted Housing Element included programs to
accommodate the RHNA shortfall by rezoning areas of Tustin Legacy, the Enderle
Center, and the Tustin Market Place.
The adopted Housing Element was then submitted to the California Department of
Housing and Community Development (HCD), and subsequently, the City received
certification by HCD on October 10, 2022. The proposed Housing Element Rezone
implements the City's adopted and certified Housing Element.
City Council December 17, 2024
Meeting Minutes Page 2 of 6
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The proposed Housing Element Rezone was considered by the Planning
Commission at a duly noticed public hearing on September 24, 2024, and October
8, 2024. The Planning Commission recommended that the City Council certify the
environmental impact reports (EIRs) and approve the Rezone project. The City
Council considered the proposal at a noticed public hearing on November 19, 2024.
The Council received public comment and continued the item to a future meeting.
Public Hearing opened up at 7:10 p.m.
Director of Community Development Justina Willkom provided a PowerPoint
presentation.
Public Input —
1. Lana Clay (Zoom)
2. Bryon Ward (In -person)
3. Armen Karamardian (In -person)
4. Sally McIver (In -person)
5. Nicole Aragon (In -person)
Public Hearing closed at 7:32 p.m.
It was moved by Council Member Fink to approve Items 1, 2, 3, 4, 6, 7 and 8 and
instead of recommendation no. 5, direct the City Attorney to prepare a resolution for
the next City Council meeting pursuant to Government Code Section 65583.4(b) to
make findings consistent with that section. The motion did not receive a second.
It was moved by Mayor Pro Tern Nielsen and seconded by Council Member Schnell
to take the following actions for the rezone areas:
Tustin Legacy — Sites 1A, 1 B and 2
1. Adopt Resolution No. 24-76 finding that the Final Supplemental
Environmental Impact Report (FSEIR) for Tustin Legacy Specific Plan (TLSP)
Amendment 2024-0002 is adequate and certify the FSEIR (Attachment 5);
2. Introduce Ordinance No. 1547 for Specific Plan Amendment (SPA) 2024-
0002 to allow for additional high density residential development on three sites
in the TLSP, Housing Element Sites 1 a, 1 b, and 2, with a minimum density of
20 units per acre (du/acre) on the selected sites and set the adoption of the
ordinance for the next City Council meeting (Attachment 6); Enderle Center —
Site 17
Enderle Center — Site 17
City Council December 17, 2024
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3. Adopt Resolution No. 24-77, finding that the Final Environmental Impact
Report (FEIR) for General Plan Amendment (GPA) 2024-0001, Code
Amendment (CA) 2024-0003, and Zone Change (ZC) 2024-0001 is adequate
and certify the FEIR (Attachment 8);
4. Introduce Ordinance No. 1549 for CA 2024-0003 to establish a Housing
Overlay (HO) 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 and set the adoption of the ordinance for the next City Council
meeting (Attachment 9);
5. Introduce Ordinance No. 1550 for ZC 2024-0001 to amend the City's zoning
map to apply the Housing Overlay (HO) district to the Enderle Center Rezone
Project area and set the adoption of the ordinance for the next City Council
meeting (Attachment 10);
The Market Place — Site 18
6. Adopt Resolution No. 24-78, finding that the FEIR for GPA 2024-0001 and
East Tustin Specific Plan (ETSP) Amendment 2024-0001 is adequate and
certify the FEIR (Attachment 12);
7. Introduce Ordinance No. 1551 for SPA 2024-0001 to accommodate
residential development on 18 acres of The Market Place Rezone Project site
and create a new high density residential land use category to implement the
Housing Implementation Program of the 6th Cycle Housing Element of the
General Plan and set the adoption of the ordinance for the next City Council
meeting (Attachment 13).
General Plan Consistency (Enderle Center & The Market Place)
8. Adopt Resolution No. 24-79, approving GPA 2024-0001 for minor text
amendments to ensure consistency with the proposed ZC 2024-0001
(Housing Element Site 17 - Enderle Center) and SPA 2024-0001 (Housing
Element Site 18 — The Market Place) (Attachment 14).
Roll Call Vote — City Clerk
Motion carried: 4-0
Mayor Lumbard returned to the dais.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Aldo E. Schindler
City Council December 17, 2024
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Announced the construction of Barks Barracks Dog Park at the Tustin Legacy is
substantially complete; the park has now entered the 90-day plant establishment period;
the Tustin Parks and Recreation Department is planning a grand opening for March 2025.
COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Fink
Stated he voted yes on the first reading of the 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 ordinance item to avoid delaying plans for developers; mentioned his intention
is to reevaluate on the second reading; emphasized the importance of housing development
in Tustin to support future generations; stated he will further review the public comment
regarding density bonuses; stated density bonuses may be a faster way to achieve housing
numbers; acknowledged 6,782 units is a significant figure; thanked the City Manager, Aldo
E. Schindler; Director of Community Development, Justina Willkom and City Attorney, David
E. Kendig for their assistance reviewing the project.
Thanked city staff for their orientation efforts; reported plans to meet with other city
department heads later this week to get an understanding of their departments.
Reported was not in -person during the City Council meeting due to the fact of having the
Coronavirus.
December 5
Attended the Tustin Employee Recognition event coordinated by the Human Resources
Department; was a great event that celebrated the dedication of public servants.
Encouraged everyone to shop at Old Town Main Street Men's Clothing; reported the store
is at risk of closure due to low foot traffic.
Announced is excited to attend the upcoming grand opening of the Bark Barracks Dog Park
at the Tustin Legacy.
Council Member Schnell
Wished council colleagues and city staff Happy Holidays.
Thanked Assistant City Manager, Nicole Bernard, for managing the Navy North Hangar Fire
crisis this past year.
Congratulated new and returning Council Members on the election.
Wished everyone a safe and happy holiday season.
Council Member Gallager
Wished everyone a Merry Christmas and Happy Holidays.
Stated this last year has been great and eventful; is very excited for 2025.
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nat-amhAr F
Attended Tustin Parks and Recreation's Christmas Tree Lighting and Holiday Stroll event;
was a very lively, great event and well -attended; thanked city staff for their efforts.
Mayor Pro Tem Nielsen
Thanked city staff for the immense preparation on the 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 item.
December 6
Attended the Tustin Parks and Recreation's Christmas Tree Lighting and Holiday Stroll
event; was a fabulous event; was great to see Santa and Council colleagues; reported
everyone had a great time.
Thanked the Tustin Host Lions Club for putting together 1000 essential treat bags for the
Marines at Camp Pendleton who may not be able to go home for the holidays; thanked the
other nonprofits who do such great work at this time of year to help others in need; stated
Tustin is very fortunate.
Thanked Tustin Effective Apartment Managers (TEAM) for the invitation to their year-end
holiday dinner; was great to see everyone; reported the organization does great work for
the community.
Wished everyone a Merry Christmas and Happy Holidays.
Announced the passing of former Mayor and Council Member of the City of Orange, Mark
Murphy; stated he was a good guy and wore an orange tie in his honor.
Mayor Lumbard
Reported a lot of work was done over the past year; looks forward to what the Council can
accomplish next year; stated a lot of good things are going on in the community.
Stated happy to have the new Council Members aboard; mentioned a lot of opportunity for
fun and exciting things to do in Tustin.
Wished everyone a Merry Christmas and Happy New Year.
ADJOURNED IN MEMORY OF MARK MURPHY,
FORMER MAYOR AND COUNCIL MEMBER OF THE CITY OF ORANGE
ADJOURNED at 8:19 p.m. The next meeting is scheduled on Tuesday, January 7, 2025, for
the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council December 17, 2024
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