HomeMy WebLinkAbout00 CC AGENDA 2.4.25CITY OF TUSTIN REGULAR MEETING FEBRUARY 4, 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
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City Council February 4, 2025
Meeting Agenda Page 1 of 11
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Meeting ID: 940 8640 1921
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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 February 4, 2025
Meeting Agenda Page 2 of 11
CLOSED SESSION MEETING OF THE CITY COUNCIL
4:30 P.M.
CALL TO ORDER — #3071
ROLL CALL — City Clerk
PUBLIC INPUT — Members of the public may provide comments in writing, in person or in
real time via Zoom to address the City Council on items on the Closed Session Agenda.
CLOSED SESSION UPDATE — City Attorney David E. Kendig
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION -
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2
cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION —
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1
case) — related to the fire at the North Hangar owned by the Navy and the release
of hazardous materials therefrom
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code §
54957(b)(1)]
Title: City Manager
5. LABOR NEGOTIATIONS — [Government Code § 54957.61:
Agency
Negotiators:
Derick Yasuda, Director of Human Resources and Peter Brown,
Liebert Cassidy Whitmore
Employee
Tustin Police Officers Association (TPOA)
Organization:
Employee
Tustin Police Management Association (TPMA)
Organization:
City Council February 4, 2025
Meeting Agenda Page 3 of 11
REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #3071
INVOCATION — Rev. Tim Ellington, Aldersgate Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Fink
PRESENTATIONS —
• Orange County Fire Authority, National Burn Awareness Week 2025
• Parks and Recreation Department: 2025 Theme
PUBLIC INPUT — At this time, any member of the public may address the Council on
matters which are not on this evening's agenda, provided the matter is within the subject
matter jurisdiction of the City Council.
CLOSED SESSION REPORT — City Attorney David E. Kendig
CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to
be routine and will be enacted by one motion without discussion. Persons wishing to speak
regarding Consent Calendar matters should file a "Request to Speak" form with the City
Clerk. (Agenda Item 1-9)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Recommendation: That the City Council waive reading in full of all ordinances and
resolutions on the agenda and declare that said titles which appear on the public
agenda shall be determined to have been read by title and further reading waived.
2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JANAURY 21, 2025.
Recommendation: That the City Council approve the Action Minutes of the City
Council Meeting held on January 21, 2025.
3. RATIFICATION OF PAYROLL AND DEMANDS
City Council February 4, 2025
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The City Council has approved the use of Government Code Section 37208 to
expedite the payment of City of Tustin obligations that are in accordance with the
approved budget or continued operations authorizations.
Recommendation: It is recommended that the City Council approve Payroll in the
amount of $1,105,278.27 and Demands in the amount of $9,480,805.06.
4. ORDER PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT
The Tustin Landscape and Lighting District provides funding for the maintenance of
perimeter landscaping on the arterial streets and for the operation and maintenance
of street lighting on public roads within the Tustin Ranch area. Resolution No. 25-08
orders the preparation of the Engineer's Report for the Tustin Landscape and
Lighting District for Fiscal Year 2025-2026.
Recommendation: It is recommended that the City Council adopt Resolution No.
25-08 ordering the preparation of the Engineer's Report for the Tustin Landscape
and Lighting Reassessment District 2025 Levy of Annual Assessments for Fiscal
Year 2025-2026.
RESOLUTION NO. 25-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2025-2026
Fiscal Impact: Sufficient funds are budgeted and appropriated in the Tustin
Landscape and Lighting District Fund to cover this work. Additionally, the costs for
operating and maintaining the District are offset through the levy of the annual
assessments for the District.
5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE ANNUAL ROADWAY REPAIR PROJECT
The plans and specifications for the Annual Roadway Rehabilitation and Sidewalk
Repair Project for Zone 6, Capital Improvement Project No. 70024, have been
prepared and the project is now ready for bid.
Recommendation: It is recommended that the City Council adopt Resolution No.
25-09 approving the plans and specifications for the Annual Roadway Rehabilitation
and Sidewalk Repair Project — Zone 6, (CIP No. 70024) and authorize the City Clerk
to advertise to receive bids.
RESOLUTION NO. 25-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY
City Council February 4, 2025
Meeting Agenda Page 5 of 11
REHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 6, CIP NO. 70024
AND AUTHORIZING ADVERTISEMENT FOR BIDS
Fiscal Impact: The engineer's estimate for CIP No. 70024 is $2,900,000 in total
project costs. Included within the project are improvements to Myford Road, a split
jurisdictional roadway between the City of Tustin and the City of Irvine. It is
anticipated the City of Irvine, through reimbursement agreement, will contribute
$500,000 in fair share cost for these improvements along Myford Road. Final Irvine
contributions will be determined upon project completion.
The Fiscal Year 2024-25 budget has $415,000 allocated from Measure M2 Fair
Share (Fund 139), which funds the annual design, traffic striping, alley repairs, and
bridge deck maintenance. The FY 2025-26 budget requested $2,000,000 between
Gas Tax Fund (Fund 130) and Fund 139 in construction funding.
As bid results are received and verified, staff will bring back a recommendation for
the award and if necessary appropriate additional funding from Measure M2 and Gas
Tax funds to complete the proposed CIP No. 70024.
6. APPROVE CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES TUSTIN LEGACY PROJECTS
Staff is recommending the City Council approve a Consultant Services Agreement
with Z & K Consultants to provide necessary construction management services for
the upcoming construction of the Legacy Park Improvements, Neighborhood D South
- Phase 2 Package 2 Improvements, and Armstrong Pedestrian Bridge projects. The
agreement will also enable the City to move forward with pre -construction activities
including a final constructability review prior to the upcoming bid process for each
project.
Recommendation: It is recommended that the City Council:
1. Approve the Consultant Services Agreement (CSA) with Z & K Consultants
for Construction Management Services and authorize the City Manager to
execute the Agreement on behalf of the City, subject to approval as to form
by the City Attorney.
2. Authorize the City Manager to approve change orders up to ten percent of the
negotiated cost to address unforeseen conditions.
Fiscal Impact: Sufficient funds have been appropriated in the Fiscal Year 2024-
2025 Capital Improvement Program Budget. The purposed Consultant Services
Agreement with Z & K Consultants includes a not to exceed total compensation
amount of $1,575,250.00, unless the agreement is amended by the City Manager in
accordance with Recommendation 2 above.
City Council February 4, 2025
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7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1557 - ZONE
CHANGE 2024-0002, REMNANT PARCEL AT TUSTIN RANCH ROAD AND
INTERSTATE 5 FREEWAY
Adoption of Ordinance No. 1557 approves the zone change to assign a Planned
Community Industrial zoning designation to an unclassified remnant parcel. This
zone change is necessary to facilitate a lot consolidation with the adjacent industrial
property at 2441 Michelle Drive.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1557.
ORDINANCE NO. 1557
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING ZONE CHANGE 2024-0002, ESTABLISHING A
PLANNED COMMUNITY INDUSTRIAL ZONING DESIGNATION AND SUBJECT
TO THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT
REGULATIONS FOR A 2.14-ACRE VACANT PARCEL (ASSESSOR PARCEL
NUMBER (APN) 432-391-59)
Fiscal Impact: There is no fiscal impact associated with this item.
8. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDED DECEMBER 31, 2024
Government Code Section 53646 requires that the Treasurer make an Investment
Report to the City Council at least quarterly showing balances by authorized
investment and certifying its compliance with the adopted Investment Policy.
Recommendation: Receive and file.
Fiscal Impact: There is no fiscal impact associated with this item.
9. RESOLUTION ESTABLISHING A POLICY REQUIRING CITY COUNCIL
CONSIDERATION AND APPROVAL OF FUTURE COMPETITIVE OFFERINGS
FOR THE DISPOSITION OF CITY -OWNED REAL PROPERTY
Resolution 25-10 will establish a policy requiring City Council consideration and
approval of future competitive offerings for the disposition of City -owned real
property.
Recommendation: It is recommended that the City Council take the following action:
1. Adopt Resolution 25-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OFTUSTIN, CALIFORNIA, ESTABLISHING A POLICY REQUIRING CITY
COUNCIL CONSIDERATION AND APPROVAL OF FUTURE COMPETITIVE
OFFERINGS FORTHE DISPOSITION OF CITY -OWNED REAL PROPERTY.
City Council February 4, 2025
Meeting Agenda Page 7 of 11
Fiscal Impact: There is no fiscal impact associated with this item.
PUBLIC HEARING ITEMS 10-12
10. DEVELOPMENT AGREEMENT 2024-0007, AMENDING DEVELOPMENT
AGREEMENT 2020-0001 REGARDING TERMS AND PUBLIC BENEFIT
The applicant, the Tustin Auto Center Merchants Association, is requesting approval
of Development Agreement (DA) 2024-0007 to amend the term and sponsorship
contributions previously established in DA 2020-0001. The proposed amendment will
extend the term of the agreement and establish a methodology for calculating the
annual sponsorship contribution. The Planning Commission held a public hearing on
December 10, 2024, and adopted Resolution No. 4511, recommending that the City
Council adopt Ordinance No. 1560 to approve DA 2024-0007.
Property Owner and Applicant: John Patterson, Tustin Auto Center Merchants
Association C/O Powerstone Property Management, 9060 Irvine Center Drive Irvine,
CA 92618
Location: Assessor Parcel No. 500-181-08 (Rear of 40 & 44 Auto Center Dr.; No
Street Address)
General Plan: Planned Community Commercial Business
Zoning: Planned Community Commercial
Recommendation: That the City Council:
1. Conduct first reading by title only for Ordinance No. 1560, approving DA 2024-
0007 to amend the term and sponsorship contribution previously established
by DA 2020-0001, and,
2. Set the second reading for the next available Council meeting.
ORDINANCE NO. 1560
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2024-0007
AMENDING THE TERM AND SPONSORSHIP CONTRIBUTION PREVIOUSLY
ESTABLISHED BY DEVELOPMENT AGREEMENT 2020-0001 BETWEEN THE
CITY OF TUSTIN AND TUSTIN AUTO CENTER MERCHANTS ASSOCIATION FOR
A FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARD AT THE TUSTIN AUTO
CENTER
Fiscal Impact: The proposed amendment would have a positive fiscal impact, as it
includes an escalated financial contribution from the Tustin Auto Center Merchants
Association based on the average annual growth rate of car sales tax, providing
City Council February 4, 2025
Meeting Agenda Page 8 of 11
proportional increases to the City's public benefit funding for Parks and Recreation
events and programming.
11. CODE AMENDMENT 2024-0005 (ORDINANCE NO. 1556) TO IMPROVE THE
EFFICIENCY AND CLARITY OF THE CITY'S ENTITLEMENT PROCESSES
RELATED TO ALCOHOL PERMITS, SOIL REMEDIATION, MURALS AND
GRAPHICS, AND TEXT ERRORS
The proposed Code Amendment 2024-0005 (Ordinance No. 1556) is a City -initiated
update to Section 9299 of Part 9 (Administration) of Chapter 2 (Zoning) of Article 9
(Land Use) of the Tustin City Code. The amendments, part of the ongoing
"Streamline Tustin" program, aim to enhance the efficiency, clarity, and modernity of
the Zoning Code in alignment with the City's Strategic Plan.
Proposed updates include:
1. Alcoholic Beverage Sales Establishments: Streamlining the
Conditional Use Permit (CUP) process by allowing approval without
a public hearing if no objections are received within 10 days of
public notice.
2. Soil Remediation: Removing the requirement for Zoning
Administrator approval, given oversight by State and county
agencies.
3. Murals and Graphics: Clarifying language to accommodate new
technologies and media for murals.
4. General Updates: Eliminating duplicate text and correcting
typographical errors for improved clarity.
On October 8, 2024, the Planning Commission reviewed and recommended City
Council approval of proposed Code Amendment 2024-0005.
Recommendation: That the City Council:
1. Conduct the first reading, by title only, of Ordinance No. 1556.
2. Schedule the ordinance for a second reading and adoption at the next regular
City Council meeting.
ORDINANCE NO. 1556
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 9299 OF PART 9 (ADMINISTRATION) OF
CHAPTER 2 (ZONING) OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE,
CODE AMENDMENT (CA) 2024-0005 TO IMPLEMENT THE STREAMLINE
TUSTIN PROGRAM.
City Council February 4, 2025
Meeting Agenda Page 9 of 11
Fiscal Impact:
The proposed amendments are anticipated to have a neutral to positive fiscal impact
on the City's General Fund.
Cost Savings: Streamlining the CUP process for alcoholic beverage sales
establishments will reduce administrative costs by minimizing staff time spent
preparing reports and conducting public hearings for uncontested applications.
Revenue Neutrality: The removal of soil remediation CUP requirements is not
expected to significantly impact revenue, as the City historically receives few
applications for such projects. Other permitting agencies, such as the California
Department of Toxic Substances Control, retain primary jurisdiction over these
activities.
Operational Efficiency: Improvements to the clarity and organization of the Zoning
Code will enhance staff efficiency, allowing resources to be allocated more effectively
without requiring additional funding.
Overall, the amendments support operational efficiency and reduce unnecessary
regulatory costs without negatively affecting the City's revenue streams.
12. DEVELOPMENT AGREEMENT 2024-0003, VESTING TENTATIVE TRACT MAP
19353, DESIGN REVIEW 2024-0013 AND DENSITY BONUS REQUEST
The Irvine Company is requesting approval of Development Agreement (DA) 2024-
0003, Vesting Tentative Tract Map 19353 (SUB 2024-0004), Design Review (DR)
2024-0013 and a Density Bonus request related to the development of a total of
1,336 apartment units, which includes 334 affordable units within Neighborhood D
South of the Tustin Legacy Specific Plan. The Planning Commission held a public
hearing on January 14, 2025, and adopted Resolutions No. 4514 and 4515, finding
the location, purpose, and extent of the proposed disposition of real property is
consistent with the General Plan and Tustin Legacy Specific Plan, and
recommending that the City Council adopt Resolution No. 25-07 to approve DR 2024-
0013, SUB 2024-0004, and a Density Bonus request and related deviations, and
adopt Ordinance No. 1561 to approve DA 2024-0003.
Applicant: Irvine Company Attn: Kevin Roberts, 550 Newport Center Drive, Newport
Beach CA 92660
Location: Lots 11, 12 And 13 Of Tract 18197; Generally Bounded By Warner Avenue
To The North, Legacy Avenue To The East, Compass Avenue To The West And
Tustin Ranch Road To The South, Within Planning Area 13 And 14 Of Neighborhood
D, Tustin Legacy Specific Plan.
General Plan: Tustin Legacy Specific Plan
City Council February 4, 2025
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Zoning: Tustin Legacy Specific Plan
Recommendation: That the City Council:
1. Adopt Resolution No. 25-07 approving Design Review (DR) 2024-0013,
Vesting Tentative Tract Map (VTTM) 19353 and a Density Bonus request.
2. Conduct first reading by title only for Ordinance No. 1561, approving
Development Agreement (DA) 2024-0003 to facilitate the development and
conveyance of a 19.4-acre project site and set the second reading at a future
Council meeting.
RESOLUTION NO. 25-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING SUB 2024-0004/VESTING TENTATIVE TRACT MAP 19353, DESIGN
REVIEW 2024-0013, AND A REQUEST FOR DENSITY BONUS, FOR THE
DEVELOPMENT OF 1,336 APARTMENT HOMES ON LOTS 11, 12, AND 13 OF
TRACT 18197 WITHIN PLANNING AREA 13 and 14 (NEIGHBORHOOD D) OF THE
TUSTIN LEGACY SPECIFIC PLAN.
ORDINANCE NO. 1561
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2024-0003 BETWEEN
THE CITY OF TUSTIN AND IRVINE COMPANY FOR THE DEVELOPMENT OF A
19.4-ACRE SITE WITHIN TUSTIN LEGACY WITH 1,336 APARTMENT HOMES
INCLUDING 334 AFFORDABLE UNITS
Fiscal Impact: The applicant has paid the required application fees for the proposed
project. The fiscal impact resulting from the sale of the property, and other actions
related to the sale, will be addressed within the City Council's consideration of the
project's Disposition and Development Agreement (DDA), which is not a part of this
request.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
ADJOURNMENT - The next meeting is scheduled on Tuesday, February 18, 2025, for the
Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council February 4, 2025
Meeting Agenda Page 11 of 11