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Home My WebLink AboutCC MINUTES 1.21.25Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 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 JANUARY 21, 2025 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER 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 4:30 P.M. CALL TO ORDER — #3070 at 4:30 p.m. 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 PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 1-3 and 4A and 4B on the Closed Session agenda, including negotiations with its real property 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. 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: City Council January 21, 2025 Meeting Minutes Page 1 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1BA1E7 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 Under Negotiation Price and Terms of Payment B. Property 430-272-04, 430-272-12, 430-272-14, 430- Address/Description 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 Pi uee, Real Property Manager Negotiating Parties Topgolf International Under Negotiation Price and Terms of Payment Recessed at 4:31 p.m. City Council January 21, 2025 Meeting Minutes Page 2 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1BA1E7 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3070 at 6:11 p.m. INVOCATION — Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE — Council Member Fink PRESENTATIONS — Dino -Dash Co -Chairs Kristin Simpkins and Kate Kersten thanked the City Council for their support regarding the Tustin Public Schools Foundation Dino Dash. PUBLIC INPUT — 1. Jen Kohlenberger PRESENTATIONS CONTINUED Orange County Fire Authority Battalion Chief Mike Morganstern provided a PowerPoint presentation regarding wildfire response resources and preparations. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council discussed Items 3, 4A and 4B and did not discuss Items 1 and 2. The Council took no reportable action. NOTICES OF CONTINUANCE The following public hearings were continued to the City Council Meeting scheduled on 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 City Council January 21, 2025 Meeting Minutes Page 3 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1BA1E7 The following public hearing was 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 ITEMS 1-8 - Public Input for Consent Calendar — None Mayor Lumbard pulled Item No. 8. It was moved by Mayor Pro Tern Nielsen and seconded by Council Member Gallagher to pull Item No. 8 and approve the balance of the Consent Calendar. 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 JANAURY 7, 2025. Motion: The City Council approved 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. Motion: The City Council approved 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 An analysis of the Tustin Legacy Backbone Infrastructure Financing Program has been completed. Updated periodically, the program determines the fair share City Council January 21, 2025 Meeting Minutes Page 4 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1BA1E7 contributions required of development areas at Tustin Legacy to finance Tustin Legacy backbone infrastructure to serve new development. Motion: The City Council: 1. Received and approved the Tustin Legacy Backbone Infrastructure Financing Program — 2024 Update; and 2. Directed 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. Motion: The City Council adopted 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 Fiscal Impact: Updating signs in accordance with adoption of Resolution No. 25-04 will cost approximately $10,000. Adequate funds were budgeted and appropriated in the Public Works FY 2024-25 operating budget. City Council January 21, 2025 Meeting Minutes Page 5 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1BA1E7 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). Motion: The City Council took the following actions: 1. Adopted 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. Authorized 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 was 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. Motion: The City Council adopted 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 FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH HANGAR City Council January 21, 2025 Meeting Minutes Page 6 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 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. 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. Mayor Lumbard requested that this item be continued to a future meeting to allow staff more time to interact with Council on questions that were presented and discuss with the consultant, if needed. It was moved by Mayor Lumbard and seconded by Council Member Fink to continue the item to a future meeting. Roll Call Vote — City Clerk Motion carried: 5-0 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. Public hearing opened at 6:38 p.m. Director of Community Development Justina Willkom provided a PowerPoint presentation. Public Input — None Public hearing closed at 6:41 p.m. It was moved by Mayor Pro Tern Nielsen and seconded by Council Member Fink 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. City Council January 21, 2025 Meeting Minutes Page 7 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1BA1E7 Roll Call — City Clerk Motion carried: 5-0 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: The action had no fiscal impact as it does not involve development at this point in time. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Aldo E. Schindler Reported a milestone was achieved regarding the Irvine Company Housing Development at the Tustin Legacy; the Planning Commission recommended that the City Council approve the request of a new multi -family development project with the Irvine Company; stated the item should be presented to the City Council in March 2025. MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS Council Member Fink January 11 Attended the Rotary Club of Tustin - Santa Ana First Annual Recognition Ceremony and Fundraiser at the Santa Ana Elks Lodge with Mayor Pro Tern Nielsen; honored Carl Greenwood and David B. Smith; was an excellent event. January 20 Attended Tustin Community Foundation and Aldersgate Church, A Day of Service and Hope in Honor of Dr. Martin Luther King, Jr. event at Aldersgate Church with Council Member Schnell; was an excellent event; reported his team prepared over 1000 flatware sets for the Sunday Supper event and over 250 food kits for individuals waiting at the Southern California border. Encouraged everyone to spread the word about the Community Wellness Gathering and Mental Health Fair on January 25, 2025, from 1:00 PM to 4:00 PM at the Clifton C. Miller Community Center organized by Jen Kohlenberger, Executive Director of the Miss Tustin Scholarship Competition; stated the event is aimed to promote resilience and mental health awareness; thanked Jen for sharing her story; mentioned this event will help address the stigma of mental illness and give resources for it. Announced will be attending the Orange County Public Libraries Board meeting later in the week; will report back. City Council January 21, 2025 Meeting Minutes Page 8 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 Mentioned he found the engineer's report very interesting in the Prima Facie Speed Limits on City Streets agenda report; recommended city staff to explore additional traffic calming measures to improve safety for students and pedestrians. Expressed an interest in updating the City's Strategic Plan. Proposed creating a "Community Troubleshooter" position; stated this role would address and mediate public inquiries and provide a direct and efficient response to community needs. Council Member Schnell Highlighted that the Prima Facie Speed Limits on City Streets agenda report is helping to enhance public safety by reducing speed limits in 25-30 mile an hour areas by 5 miles per hour; expressed the importance of traffic safety and the City's ongoing commitment to protecting its residents. January 9 Attended the Foothill/Eastern Transportation Corridor Agencies Joint Board of Directors meeting; reported the following updates: • David Penaloza from the City of Santa was elected Chair of the San Joaquin Hills Transportation Corridor Agency; and • Stephanie Oddo from the City of Laguna Niguel was elected Vice Chair of the San Joaquin Hills Transportation Corridor Agency; and • Patricia Kelly from the City of Mission Viejo was elected Chair of the Foothill/Eastern Transportation Corridor Agency; and • Scott Voigts from the City of Lake Forest was elected Vice Chair of the Foothill/Eastern Transportation Corridor Agency; and • Received an update on the 241/91 Freeway Connector Project; announced the project is very critical for transportation within Orange County; stated the master and operational agreements will be executed in Spring 2025 with the groundbreaking scheduled for the end of 2025 and project completion in 2028; and • Warned residents about a nationwide phishing scam targeting toll road users; stated notifications from the toll roads have alerted the public to fraudulent text messages seeking to collect outstanding tolls and capture credit card information; reported multiple emails and messages have been sent to toll road users to prevent identity theft. January 16 Attended the Tustin Police Department's Coffee with a Cop event; was great to have coffee with the brave men and women that keep Tustin safe day in and day out. January 20 Attended Tustin Community Foundation and Aldersgate Church, A Day of Service and Hope in Honor of Dr. Martin Luther King, Jr. event at Aldersgate Church with Council Member Fink; reported seven groups participated in the day of service; stated there is a plan to make City Council January 21, 2025 Meeting Minutes Page 9 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 this an annual event providing service to the community; was thankful the Tustin Community Foundation took the lead in organizing the event; looks forward to this event and its success in the future. Council Member Gallager Attended a couple of Orange County Sanitation District committee meetings. January 15 • Attended the Ground Water Replenishment System (GWRS) Steering Committee meeting; stated the committee is a joint collaboration between Orange County Water District and Orange County Sanitation District; reported was elected Chair of the GWRS Steering Committee. • Attended the Tustin Legacy Ad Hoc Committee with Mayor Lumbard; is very excited for 2025 with the Tustin Legacy. Reported the Tustin Strategic Plan underwent public outreach and was last updated in 2023; mentioned the process gathered community input to refine the plan's goals, aligning them with the City's evolving objectives and challenges; stated the Strategic Plan's goals integrate into the City Manager's annual goals; mentioned sharing the update with the new council members. Attended the Orange County Sanitation District (OC San) Special Board of Directors meeting; chaired the meeting to welcome the new board members and educate them on what OC San does; encouraged interested parties to revisit the recorded session; stated it is approximately an hour long, which offers comprehensive background into the organization; is quite impressive. Addressed Council Member Fink's comment regarding responding to public inquiries received via email; stated city staff does have a process for helping with public inquiries; asked city staff to share the process with Council Member Fink; mentioned there has been some staff changes recently. Mayor Pro Tem Nielsen January 11 Attended the Rotary Club of Tustin - Santa Ana First Annual Recognition Ceremony and Fundraiser at the Santa Ana Elks Lodge with Council Member Fink; honored Carl Greenwood and David B. Smith; stated Carl and David were great contributors to Tustin; was a very nice dinner to honor them. Announced was honored to receive the Melvin Jones Fellowship Award from the Tustin Host Lions Club last week; was very appreciative of the honor; stated will continue to help the Tustin community. Thanked the Orange County Fire Authority (OCFA); stated Tustin is very fortunate with the protection of OCFA to help with resident's homes and businesses; mentioned the sacrifice City Council January 21, 2025 Meeting Minutes Page 10 of 11 Docusign Envelope ID: 138C3338-A9D4-4CB6-B964-88635C1 BA1 E7 of OCFA firefighters who work tirelessly, often sacrificing time with family, to protect Tustin; expressed deep gratitude for all OCFA does; additionally, thanked the Tustin Police Department for keeping Tustin a safe community; stated Tustin is a great and safe community because of its first responders. Mayor Lumbard January 15 • Chaired the Orange County Fire Authority Budget and Finance Committee meeting; reported some mid cycle budget adjustments were made; mentioned additional revenue will offset the additional costs. • Attended the Tustin Legacy Ad Hoc Committee with Council Member Gallagher. ADJOURNED IN MEMORY OF PHIL COX ADJOURNED IN MEMORY OF THE HONORABLE LOU BONE ADJOURNED at 6:59 p.m. 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. Signed by: AU WLE03 MB ARD, Mayor DS Signed by: i, (�aSa- F6 E RteADWYA13U DA, City Clerk City Council Meeting Minutes January 21, 2025 Page 11 of 11