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Home My WebLink About00 CC AGENDA 1.21.25CITY OF TUSTIN REGULAR MEETING JANUARY 21, 2025 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE John Nielsen, Mayor Pro Tern Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager Ray Schnell, Council Member Erica N. Yasuda, City Clerk Lee K. Fink, Council Member David E. Kendig, City Attorney NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcode below. Meeting ID: 940 8640 1921 Passcode: 600222 Please provide your name in the Zoom application to allow the City Clerk to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial 669-900-6833. City Council January 21, 2025 Meeting Agenda Page 1 of 9 When prompted use the below Meeting ID and Passcode: Meeting ID: 940 8640 1921 Passcode: 600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call -in users can unmute and mute their phones by pressing *6. Call -in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM 1. Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to Government Code section 54957.5, non-exempt public records that relate to one or more open session agenda items and that are distributed to a majority of the City Council less than seventy-two (72) hours prior to the meeting will be available for public inspection on the electronic posting board located at 300 Centennial Way, Tustin, CA 92780. City Council January 21, 2025 Meeting Agenda Page 2 of 9 CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3070 ROLL CALL — City Clerk PUBLIC INPUT — Members of the public may provide comments in writing, in person or in real time via Zoom to address the City Council on items on the Closed Session Agenda. CLOSED SESSION UPDATE — City Attorney David E. Kendig CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case) — related to the fire at the North Hangar owned by the Navy and the release of hazardous materials therefrom 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Government Code § 54956.8: (2 cases) A. Property APN 430-481-13, 430-481-14, 430-481-15 Address/Description Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager; Ryan Swiontek, Deputy Director of Real Property; Kenneth Pi uee, Real Property Manager Negotiating Parties Mariners Church City Council January 21, 2025 Meeting Agenda Page 3 of 9 Under Negotiation Price and Terms of Payment B. Property Address/Description 430-272-04, 430-272-12, 430-272-14, 430- 272-24, 430-272-27, 430-272-28, 430-461-11 Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager Negotiating Parties Topgolf International Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3070 INVOCATION — Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Council Member Fink PRESENTATIONS — • Tustin Public Schools Foundation Dino Dash - Executive Director, Carol Burby Garrett • Orange County Fire Authority - Wildfire Response Resources and Preparations PUBLIC INPUT — At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. CLOSED SESSION REPORT — City Attorney David E. Kendig NOTICES OF CONTINUANCE The following public hearings have been continued to the City Council Meeting scheduled on City Council January 21, 2025 Meeting Agenda Page 4 of 9 February 4, 2025, at 6:00 p.m. in the Council Chambers located at 300 Centennial Way, Tustin 92780: Development Agreement 2024-0007, Amending Development Agreement 2020-0001 Regarding Terms And Public Benefit Code Amendment 2024-0005, Amendments To Improve The Efficiency And Clarity Of The Entitlement Process — Ordinance No. 1556 The following public hearing has been continued to the City Council Meeting scheduled on February 18, 2025, at 6:00 p.m. in the Council Chambers located at 300 Centennial Way, Tustin 92780: Code Amendment 2024-0006 And Specific Plan Amendments 2024-0005 And 2024- 0006 CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Item 1-8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JANAURY 7, 2025. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on January 7, 2025. 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: It is recommended that the City Council approve Payroll in the amount of $1,164,260.36 and $1,618,988.50 and Demands in the amount of $7,315,009.17. 4. TUSTIN LEGACY BACKBONE INFRASTRUCTURE FINANCING PROGRAM — 2024 UPDATE City Council January 21, 2025 Meeting Agenda Page 5 of 9 An analysis of the Tustin Legacy Backbone Infrastructure Financing Program has been completed. Updated periodically, the program determines the fair share contributions required of development areas at Tustin Legacy to finance Tustin Legacy backbone infrastructure to serve new development. Recommendation: It is recommended that the City Council: 1. Receive and approve the Tustin Legacy Backbone Infrastructure Financing Program — 2024 Update; and 2. Direct staff to utilize the Tustin Legacy Backbone Infrastructure Financing Program — 2024 Update for specific development areas in negotiated sale or conveyance transactions, including those transactions that involve Development Agreements, Disposition and Development Agreements, Ground Leases and/or other transaction agreements at Tustin Legacy necessary to accommodate private development. Fiscal Impact: The Tustin Legacy Backbone Infrastructure Financing Program — 2024 Update assists in the financing of public facilities and required developer environmental mitigation related to private and public development within Tustin Legacy. Total developer contributions are $472M, a $5M increase from the 2017 Update due to the recent contribution by South Orange County Community College District's development of the Advantech North America Campus (a non -educational use). To date, approximately $312M in infrastructure improvements have been completed, with an estimated $160M in infrastructure improvements yet to be constructed. Other than the $5M increase, there is essentially no change from the 2017 Update to the total anticipated future developer contributions. Instead, the 2024 Update redistributes those same contributions over the Disposition Areas based on the recently approved Tustin Legacy Specific Plan Amendment which primarily added 2,211 base residential units to certain neighborhoods/Disposition Areas. 5. ADOPT RESOLUTION NO. 25-04 ESTABLISHING PRIMA FACIE SPEED LIMITS ON CITY STREETS Adoption of Resolution No. 25-04 will establish speed limits on certain streets throughout the City of Tustin based upon an engineering and traffic survey as required by the California Vehicle Code. Recommendation: It is recommended that the City Council adopt Resolution No. 25-04 establishing Prima Facie Speed Limits on certain streets throughout the City of Tustin. RESOLUTION NO. 25-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS City Council January 21, 2025 Meeting Agenda Page 6 of 9 Fiscal Impact: Updating signs in accordance with adoption of Resolution No. 25-04 will cost approximately $10,000. Adequate funds have been budgeted and appropriated in the Public Works FY 2024-25 operating budget. 6. RESOLUTION DECLARING ASSESSOR'S PARCEL NUMBER 401-583-01 AS EXEMPT SURPLUS LAND Resolution 25-02 will declare Assessor's Parcel Number 401-583-01 as exempt surplus land pursuant to California Government Code Section 54221 (f)(1 )(B) and the Final Updated Surplus Land Act Guidelines Section 103(c)(3). Recommendation: It is recommended that the City Council take the following actions: 1. Adopt Resolution 25-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 401-583-01 AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221(f)(1)(B) AND THE FINAL UPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(3). 2. Authorize the City Manager to submit the appropriate documentation to the California Department of Housing and Community Development in connection with the Resolution. Fiscal Impact: There is no fiscal impact associated with this report. 7. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR At its meeting on November 10, 2023, the City Council ratified the Acting City Manager's Proclamation of Local Emergency related to the fire at the Navy's North Hangar and release of chemicals of public health concern, including asbestos. At a special meeting of the City Council on January 9, 2024, and at its regular meetings on March 5, 2024, April 16. 2024, June 4, 2024, June 18, 2024, July 16, 2024, August 20, 2024, October 15, 2024, and December 3, 2024, the Council reviewed and determined the need to continue the local emergency. This item recommends that the City Council once again review and determine that the need exists to continue the local emergency, as required by State law. Recommendation: It is recommended that the City Council adopt Resolution 25-06 determining the need exists to continue the local emergency related to the fire and release of chemicals of public health concern from the Navy's North Hangar, in the form attached hereto as Attachment 2. RESOLUTION 25-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RELATED TO City Council January 21, 2025 Meeting Agenda Page 7 of 9 FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH HANGAR Fiscal Impact: There is no direct impact from a determination that a local emergency continues to exist. However, the proclamation of emergency may aid the City in qualifying for emergency assistance from Federal, State and local agencies in unknown amounts. 8. LEGISLATIVE UPDATE Recap of 2024 Legislative activities by the City's advocacy consultant Townsend Public Affairs, consideration of 2025 Legislative Platform and updates on legislative activity at the state and federal level. Recommendation: It is recommended that the City Council take the following actions: 1. Adopt 2024 Legislative Platform 2. Receive and file legislative update prepared by Townsend Public Affairs Fiscal Impact: There is no fiscal impact associated with this item. PUBLIC HEARING ITEM 9 9. ZONE CHANGE 2024-0002, REMNANT PARCEL AT TUSTIN RANCH ROAD AND INTERSTATE 5 FREEWAY The applicant, EBS Realty Partners, LLC, on behalf of The Irvine Company, is requesting a zone change to assign a Planned Community Industrial zoning designation to an unclassified remnant parcel. This zone change is necessary to facilitate a lot consolidation with the adjacent industrial property at 2441 Michelle Drive. The Planning Commission held a public hearing on November 12, 2024, and adopted Resolution No. 4509, recommending City Council adoption of Ordinance No. 1557 approving the zone change. Recommendation: That the City Council conduct first reading by title only for Ordinance No. 1557 and set the second reading for the next available Council meeting. ORDINANCE NO. 1557 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 2024-0002, ESTABLISHING A PLANNED COMMUNITY INDUSTRIAL ZONING DESIGNATION AND SUBJECT TO THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS FOR A 2.14-ACRE VACANT PARCEL (ASSESSOR PARCEL NUMBER (APN) 432-391-59) City Council January 21, 2025 Meeting Agenda Page 8 of 9 Fiscal Impact: The action has no fiscal impact as it does not involve development at this point in time. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF PHIL COX ADJOURNMENT - The next meeting is scheduled on Tuesday, February 4, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council January 21, 2025 Meeting Agenda Page 9 of 9