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Home My WebLink About00 CC AGENDA 2-18-25 CITY OF TUSTINREGULAR MEETINGFEBRUARY 18,2025 OF THE CITY COUNCIL300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE John Nielsen, Mayor Pro Tem Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler,City Manager Ray Schnell, Council MemberErica N. Yasuda, City Clerk LeeK.Fink, CouncilMemberDavid 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-Agendasor 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. CityCouncil February 18, 2025 Meeting Agenda Page 1 of 11 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 February 18, 2025 Meeting Agenda Page 2 of 11 CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER – #3072 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 – \[Government Code § 54957.6\]: Agency Derick Yasuda, Director of Human Resources and Peter Brown, Negotiators: Liebert Cassidy Whitmore Employee Tustin Police Officers Association (TPOA) Organization: Employee Tustin Police Management Association (TPMA) Organization: City Council February 18, 2025 Meeting Agenda Page 3 of 11 REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER – #3072 INVOCATION – Pastor Kamron Zameni, Mariners Church PLEDGE OF ALLEGIANCE – Council Member Schnell PRESENTATIONS – Working Wardrobes Black History Month Proclamation PUBLIC INPUT – At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. CLOSED SESSION REPORT – City Attorney David E. Kendig CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Item 1-10) 1.WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation:That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2.APPROVAL OF MINUTES – THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 4, 2025. Recommendation:That the City Council approve the Action Minutes of the City Council Meeting held on February 4, 2025. City Council February 18, 2025 Meeting Agenda Page 4 of 11 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 $1,077,024.25 and Demands in the amount of $6,247,141.18. 4.FISCAL YEAR 2023-2024 AUDIT REPORTS The financial statement audit for the 2023-2024 fiscal year has been completed by Davis Farr LLP, which reflects an "unmodified", or clean opinion that the City's financial statements for the fiscal year are presented fairly. Davis Farr LLP discussed the results of the audit with the Audit Commission on January 23, 2025. The City's investment portfolio which includes investments in US Treasury bonds, agency securities, corporate bonds, and local government investment pools of California Asset Management Program (CAMP) and Local Agency Investment Fund (LAIF) have also been reviewed as part of the audit. Recommendation:It is recommended that the City Council receive and file the fiscal year 2023-2024 audit reports. Fiscal Impact: The total contractual cost of the annual audit with Davis Farr LLP is $45,300. Of this amount, $9,060 is charged to the Water Enterprise Fund, and $36,240 is charged to the General Fund. In addition, $3,300 was paid to CalPERS and charged to the General Fund for the required GASB 68 information related to pension liabilities and expenses. 5.APPROVE AMENDMENT NO. 2 TO CONSULTANT SERVICESAGREEMENT WITH NMG GEOTECHNICAL, INC. Staff is recommending the City Council approve Amendment No. 2 to Consultant Services Agreement with NMG Geotechnical, Inc. for additional design and construction services for the Tustin Legacy Neighborhood “D” South Phase 2 Infrastructure (Capital Improvement Project No. 70256) Construction Project – Package No. 1. The project is currently under construction and additional geotechnical services are required to complete and close out the project. Recommendation:It is recommended that the City Council: Approve Amendment No. 2 to Consultant Services Agreement with NMG Geotechnical, Inc. for design and construction services in an amount not to exceed $39,464.00, and authorize the City Manager to execute the Agreement on behalf of the City. Fiscal Impact: Sufficient funds have been appropriated in the Fiscal Year 2024-2025 Capital Improvement Program Budget. The proposed Amendment No. 2 to City Council February 18, 2025 Meeting Agenda Page 5 of 11 Consultant Services Agreement with NMG Geotechnical, Inc includes a not to exceed total compensation amount of $39,464.00. 6.LEGISLATIVE UPDATE Consideration of 2025 Legislative Platform and updates on legislative activity at the stateand federal level. Recommendation:It is recommended that the City Council take the following actions: 1.Adopt 2025 Legislative Platform 2. Receive and file legislative update prepared by Townsend Public Affairs Fiscal Impact:There is no fiscal impact associated with this item. 7.SECOND READING AND ADOPTION OF ORDINANCE NO. 1560 - DEVELOPMENT AGREEMENT 2024-0007, AMENDING DEVELOPMENT AGREEMENT 2020-0001 REGARDING TERMSAND PUBLIC BENEFIT Adoption of Ordinance No. 1560 approves Development Agreement (DA) 2024-0007 amending 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. Recommendation:That the City Council have second reading by title only and adoption of Ordinance No. 1560. 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 proportional increases to the City’s public benefit funding for Parks and Recreation events and programming. 8.SECOND READING AND ADOPTION OF ORDINANCE NO. 1556 -CODE AMENDMENT 2024-0005 TO IMPROVE THE EFFICIENCY AND CLARITY OF THE CITY’S ENTITLEMENT PROCESSES RELATED TO ALCOHOL PERMITS, SOIL REMEDIATION, MURALSAND GRAPHICS, AND TEXT ERRORS City Council February 18, 2025 Meeting Agenda Page 6 of 11 Adoption of Ordinance No. 1556 (Code Amendment 2024-0005) approves a City- initiatedupdate 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. Recommendation:That the City Council have second reading by title only and adoption of Ordinance No. 1556. 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 Fiscal Impact: The proposed amendments are anticipated to have a neutral to positive fiscal impact on the City’s General Fund. 9.SECOND READING AND ADOPTION OF ORDINANCE NO. 1561 -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 Adoption of Ordinance No. 1561 approves Development Agreement (DA) 2024-0003 to facilitate 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 and conveyance of a 19.4-acre project site. Recommendation:That the City Council have second reading by title only and adoption of Ordinance No. 1561. ORDINANCE NO. 1561 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 0003 BETWEEN THE CITY OF APPROVING DEVELOPMENT AGREEMENT 2024- 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 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). 10.OMITTED City Council February 18, 2025 Meeting Agenda Page 7 of 11 PUBLIC HEARING ITEM 11 11.CODE AMENDMENT 2024-0006, SPECIFIC PLAN AMENDMENTS 2024-0005 AND 2024-0006 – MODIFICATIONS TO THE MULTI-FAMILYRESIDENTIAL PARKING & PRIVATE STORAGE STANDARDS CITYWIDE, AND IN THE DOWNTOWN COMMERCIAL CORE & RED HILL AVENUE SPECIFIC PLANS On October 22, 2024, the Planning Commission recommended that the City Council adopt amendments to the multi-family residential parking and private storage requirements in the Tustin City Code, Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan. The subject amendments implement policy actions addressing potential barriers to housing production identified in an assessment of the Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan, which were presented to the City Council in December 2023. The proposed amendments would: 1.Implement a scalable parking requirement for multi-family residential development based on the number of bedrooms per unit, subject to the development standards within the Downtown Commercial Core Specific Plan, Red Hill Avenue Specific Plan and Tustin City Code. 2.Allow tandem parking for resident parking spaces citywide. Tandem parking would continue to be prohibited for guest parking. 3.Remove the requirement for private storage areas within the Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan, and remove the citywide requirement for private storage cabinets within carports. Recommendation:That the City Council: 1.Conduct first reading by title only for Ordinance No. 1553, modifying the multifamily residential parking and private storage requirements in the Downtown Commercial Core Specific Plan and as specified (Specific Plan Amendment 2024-0005), and set the second reading for the next available City Council meeting. 2.Conduct first reading by title only for Ordinance No. 1554, modifying the multifamily residential parking and private storage requirements in the Red Hill Avenue Specific Plan as specified (Specific Plan Amendment 2024-0006), and set the second reading for the next available City Council meeting. 3.Conduct first reading by title only for Ordinance No. 1555, amending the multifamily residential parking and carport storage requirements in the Tustin City Code as specified (Code Amendment 2024-0006), and set the second reading for the next available City Council meeting. City Council February 18, 2025 Meeting Agenda Page 8 of 11 ORDINANCE NO. 1553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0005 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP-12) TO MODIFY MULTI-FAMILY RESIDENTIAL PARKING AND PRIVATE STORAGE REQUIREMENTS ORDINANCE NO. 1554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0006 TO AMEND THE RED HILL AVENUE SPECIFIC PLAN (SP-13) TO MODIFY MULTI- FAMILY RESIDENTIAL PARKING AND PRIVATE STORAGE REQUIREMENTS ORDINANCE NO. 1555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) TO MODIFY MULTI-FAMILY RESIDENTIAL PARKING AND CARPORT STORAGE REQUIREMENTS (CODE AMENDMENT (CA) 2024- 0006) REGULAR BUSINESS ITEMS 12 - 13 12.MID-YEAR BUDGET UPDATE FOR FISCAL YEAR 2024-2025 This report provides the City Council with a Mid-Year Budget Review of Fiscal Year 2024-2025, which projects General Fund operating revenues to be $1.57 million higher than the adopted budget and General Fund operating expenditures to be $1.5 million higher than the amended budget. The report also projects the General Fund's reserves to be $29 million as of June 30, 2025 (or 29% of General Fund operating expenditures), excluding the Navy North Hangar Fire incident responses, which the City anticipates a full reimbursement from the Navy. The projected reserve level continues to meet the City Council's minimum reserve policy of 15%. Recommendation: 1.Authorize an increase of $1,569,996 to the General Fund's revenue budget based on projected amounts outlined in this report; 2.Authorize an increase of $5,045,703 to the revenue budget of the Backbone Fee Fund for development impact fees received; 3.Authorize an increase of $17,135,127 to the revenue budget of the Land Sale Proceeds Fund for development profit participation revenue received; 4.Authorize supplemental appropriations and revenue adjustments for other funds as outlined in this report City Council February 18, 2025 Meeting Agenda Page 9 of 11 5.Approve carryover budgets and authorize supplemental appropriations for capital projects outlined in this report; 6.Approved carryover budgets and authorize supplemental appropriations to the capital and operation budget of the Water Funds based on amounts outlined in this report; 7.Approve carryover adjustments of revenue budget of $51,366,047 and expenditure appropriation of $16,287,482 for the Navy North Hangar Fire incident responses authorized under the Navy's Co-operative Agreement and subsequent amendments one to five; 8.Authorize an increase to General Fund's appropriations for City Council ($51,470), City Manager/Real Property ($441,424), Finance ($1,670), Human Resources ($88,330), Community and Economic Development ($90,217), Public Works ($208,798), Police Department ($610,568), and Parks and Recreation ($189,317); 9.Adopt Resolution No. 25-11, updating the Citywide Salary Schedule and authorizing staffing changes to the Position Control List enclosed with the attached Mid-Year Budget Review report; and, 10. Approve revenue budget and expenditure appropriation of $15,300,000 for the Navy North Hangar Fire incident above-ground cleanup work authorized under the sixth amendment to the Navy's Co-Operative Agreement. RESOLUTION NO. 25-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE SALARY SCHEDULE Fiscal Impact: The General Fund's Mid-Year Review projects that the revenues and expenditures are experiencing similar increases, resulting in a minor net change to its fund balance as of June 30, 2025. The Water Funds' Mid-Year Review projects a $1.6 million positive change to its net position by June 30, 2025 before capital expenditures. The proposed supplemental appropriations for other funds will be covered by existing revenues, and available fund balances. As for the proposed supplemental appropriations for capital projects, they will be funded from available fund balances. 13.PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2024 The Parks & Recreation Department Annual Report summarizes the Department’s activities throughout 2024. Recommendation:It is recommended that the City Council receive and file this report. Fiscal Impact:There is no fiscal impact associated with this item. City Council February 18, 2025 Meeting Agenda Page 10 of 11 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, March 4, 2025,for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council February 18, 2025 Meeting Agenda Page 11 of 11