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Home My WebLink About00 CC AGENDA 3.4.25CITY OF TUSTIN REGULAR MEETING MARCH 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 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 March 4, 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 March 4, 2025 Meeting Agenda Page 2 of 9 CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3073 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 § 54956.81 (2 cases) A. Property APN 430-481-12 Address/Description Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager/Real Property; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager Negotiating Parties Matthew Derrick, Vice President Development, CD - MS Tustin LLC City Council March 4, 2025 Meeting Agenda Page 3 of 9 Under Negotiation Price and Terms of Payment B. Property Address/Description APN: 430-272-04, 430-272-12, 430-272-14, 430- 272-24, 430-272-27, 430-272-28 Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager/Real Property; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager Negotiating Parties Topgolf International Under Negotiation Price and Terms of Payment 5. LABOR NEGOTIATIONS — [Government Code § 54957.61: Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Management Association (TPMA) REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3073 INVOCATION — Fr. Michael T. Khong, St. Cecilia Church PLEDGE OF ALLEGIANCE — Mayor Lumbard PRESENTATIONS — • Recognition of Outgoing Community Services Commissioner Donna Marsh Peery • Recognition of Outgoing Planning Commissioner Steve Kozak • Recognition of Police Chief Stu Greenberg City Council March 4, 2025 Meeting Agenda Page 4 of 9 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 18, 2025. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on February 18, 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 $1,086,089.56 and Demands in the amount of $3,639,303.92. 4. SECOND READING AND ADOPTION OF ORDINANCE NOS. 1553, 1554 AND 1555 (CODE AMENDMENT 2024-0006, SPECIFIC PLAN AMENDMENTS 2024- 0005 AND 2024-0006 — MODIFICATIONS TO THE MULTI -FAMILY RESIDENTIAL PARKING & PRIVATE STORAGE STANDARDS CITYWIDE, AND IN THE DOWNTOWN COMMERCIAL CORE & RED HILL AVENUE SPECIFIC PLANS) Adoption of Ordinance Nos. 1553, 1554 and 1555 incorporates amendments to the multifamily residential parking and private storage requirements in the Tustin City Code, Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan. The 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. City Council March 4, 2025 Meeting Agenda Page 5 of 9 Recommendation: That the City Council have second reading by title only and adoption of Ordinance Nos. 1553, 1554, and 1555. 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 MULTIFAMILY 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) Fiscal Impact: Staff anticipates that the recommended actions will result in a positive impact on the General Fund, as they implement policy recommendations intended to encourage residential development throughout the City. Not implementing the recommended actions could result in a loss of development activity that would otherwise be attainable. 5. APPROVE LICENSE AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT Staff is requesting that the City Council approve a License Agreement with the Orange County Flood Control District for North Tustin Channel Facility/Parcel No. F12-151 related to the Beneta Well No. 2 — Phase II Equipping Project, Capital Improvement Project No. 60151. Recommendation: It is recommended that the City Council: 1. Approve License Agreement between the Orange County Flood Control District and the City of Tustin for the Beneta Well Project; and 2. Authorize 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 License Fee is a one-time sum of $4,000 for the full ten (10) year term, due in advance. In addition, there is a one-time administrative fee in the amount City Council March 4, 2025 Meeting Agenda Page 6 of 9 of $500. Sufficient funds have been appropriated in the Fiscal Year 2024-2025 operating budget. 6. ORDINANCE TO UPDATE THE TUSTIN CITY CODE REGARDING COMMISSION APPOINTMENT PROCESS Since the City established the office of the Mayor as an elective office, California law provides that the Mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Proposed Ordinance 1563 would conform the provisions in the Tustin City Code regarding appointments to the City commissions to the requirements of State law. Recommendation: 1. That the City Council conduct first reading, by title only, of Ordinance 1563 entitled An Ordinance of the City Council of the City of Tustin to Update the Commission Appointment Process in the Tustin City Code, in the form attached as Exhibit 2; and 2. Direct staff to schedule Ordinance 1563 for adoption at the next regular meeting of the City Council. Fiscal Impact: There is no fiscal impact associated with this item. 7. 2025 COMMISSION APPOINTMENTS City Council approval is required for the Mayor's 2025 Commission appointments. Recommendation: 1. Approve the following appointments by the Mayor: Audit Commission: • John Wende (second four-year term) • Michael Zwissler (first four-year term) Community Service Commission: • Greg LeFever (first four-year term) • Lori Shimomura (first four-year term) • Laseanda Wesson (second four-year term) Planning Commission: • Eric Higuchi (second four-year term) • Stephen "Rusty" Kozak (first four-year term) • David Mello (second four-year term) City Council March 4, 2025 Meeting Agenda Page 7 of 9 2. Direct the City Clerk to solicit applications for the remaining vacancies on the Building Board of Appeals. Fiscal Impact: There is no fiscal impact associated with this item. 8. CITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A COMPETITIVE OFFERING FOR PLANNING AREA 10 OF THE PACIFIC CENTER EAST SPECIFIC PLAN COMPRISED OF 11 ACRES OF CITY -OWNED REAL PROPERTY Staff is requesting City Council consideration and approval to release a competitive offering for Planning Area 10 of the Pacific Center East Specific Plan comprised of 11 acres of City -owned real property pursuant to the procedures recently approved by the City Council in Resolution 25-10. Recommendation: It is recommended that the City Council take the following actions: 1. Authorize staff to release a competitive offering for Planning Area 10 of the Pacific Center East Specific Plan comprised of 11 acres of City -owned real property pursuant to the procedures recently approved by the City Council in Resolution 25-10; and 2. Authorize the City Manager to continue and/or enter into temporary leases and licenses prior to final disposition. Fiscal Impact: There is no fiscal impact associated with this item. 9. EXTENSION AND AMENDMENT OF EXCLUSIVE NEGOTIATING AGREEMENT WITH CD -MS (TUSTIN) LLC FOR A PORTION OF TUSTIN LEGACY DISPOSITION AREA 8113 Request for approval of an extension of the Exclusive Negotiating Agreement with CD -MS (Tustin) LLC to continue the negotiating period for the disposition and development of a portion of Disposition Area 8B at Tustin Legacy for an additional 270 days. Recommendation: It is recommended that the City Council take the following actions: 1. Approve an extension of the Exclusive Negotiating Agreement for an additional period of 270 days in accordance with Section 4.2 of the Exclusive Negotiating Agreement, as amended. 2. Authorize the City Manager to execute an amendment to the Exclusive Negotiating Agreement reflecting the 270-day extension request submitted by CD -MS (Tustin) LLC subject to non -substantive additions or modifications as may be deemed necessary and/or recommended by the City's special real City Council March 4, 2025 Meeting Agenda Page 8 of 9 estate counsel or the City Attorney prior to the end of the Exclusive Negotiating Agreement Negotiating Period. Fiscal Impact: Pursuant to the terms of the Exclusive Negotiating Agreement, all Exclusive Negotiating Agreement extensions requiring City Council approval require a $100,000 non-refundable deposit. Pursuant to the Exclusive Negotiating Agreement, the City retains this deposit if the Disposition and Development Agreement is not executed, or if the Disposition and Development Agreement is executed but close of escrow does not occur. If the Disposition and Development Agreement is executed and close of escrow occurs, the deposit (without interest accrued) is applicable to the purchase price. Prior Exclusive Negotiating Agreement extension deposits have been waived; however, CD -MS (Tustin) LLC has committed to providing the required extension deposit for this Exclusive Negotiating Agreement extension request. CD -MS (Tustin) LLC also has a deposit account with the City that will continue to fund the City transaction expenses incurred by staff and third -party consultants including the retention of legal counsel associated with the negotiation and drafting of the Transaction Documents. 10. CONSULTANT SERVICES AGREEMENT WITH JPW COMMUNICATIONS FOR TUSTIN LEGACY OUTREACH AND COMMUNICATIONS SERVICES Staff is requesting approval to enter into a Consultant Services Agreement with JPW Communications to develop and implement an outreach and communications strategy for Tustin Legacy. Recommendation: It is recommended that the City Council authorize the City Manager or designee to execute a Consultant Services Agreement with JPW Communications, subject to non -substantive additions or modifications as may be deemed necessary and/or recommended by the City Attorney. Fiscal Impact: The proposed compensation for the proposed Consultant Services Agreement with JPW Communications is not to exceed $250,000. Sufficient funds have been appropriated in the Fiscal Year 2024-2025 amended budget. 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 18, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council March 4, 2025 Meeting Agenda Page 9 of 9