HomeMy WebLinkAbout00 CC AGENDA 3.18.25CITY OF TUSTIN REGULAR MEETING MARCH 18, 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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Meeting ID: 940 8640 1921
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City Council March 18, 2025
Meeting Agenda Page 1 of 11
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Meeting ID: 940 8640 1921
Passcode: 600222
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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 March 18, 2025
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CLOSED SESSION MEETING OF THE CITY COUNCIL
4:30 P.M.
CALL TO ORDER — #3074
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 (1 case)
A.
Property
APN: 430-481-02, 430-481-03, 430-481-04, 430-
Address/Descri tion
481-05
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
Irvine Company
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Under Negotiation [Price and Terms of Payment
5. LABOR NEGOTIATIONS — [Government Code § 54957.6]:
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 — #3074
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
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 1-13)
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 MARCH 4, 2025.
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Recommendation: That the City Council approve the Action Minutes of the City
Council Meeting held on March 4, 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 $1,015,662.70 and Demands in the amount of $6,044,434,82.
4. APPROVAL OF CONTRACT WITH HEWLETT PACKARD ENTERPRISE
COMPANY FOR A NEW DATA STORAGE SOLUTION
The City uses Dell SC, also known as Compellent, for data storage. The Compellent
platform has reached the end of its life and Dell will no longer provide technical
support after 2026. Staff have identified a replacement solution and are requesting
the City Council's approval to execute a contract with Hewlett Packard Enterprise for
a new data storage solution.
Recommendation: It is recommended that the City Council approve Resolution 25-
20 to authorize the City Manager to execute necessary contract documents with
Hewlett Packard Enterprise for a new data storage solution.
RESOLUTION NO. 25-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING USE OF THE NATIONAL ASSOCIATION OF STATE
PROCUREMENT OFFICIALS (NASPO) VALUEPOINT PURCHASING PROGRAM
TO PURCHASE DATA STORAGE EQUIPMENT
Fiscal Impact: The proposed Hewlett Packard data storage solution has a no -to -
exceed amount of $325,000. Sufficient budget has been appropriated in the Fiscal
Year 2024-2025 Information Technology Fund to support this project.
5. AUTHORIZE USE OF THE OMNIA PARTNERS PURCHASING PROGRAM FOR
THE POLICE DEPARTMENT IMPROVEMENTS PROJECT
Staff is requesting authorization to utilize OMNIA Partners Purchasing Program to
acquire furniture for the Police Department Improvements Project.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 25-14 authorizing use of the OMNIA Partners
Purchasing Program to purchase furniture and installation services for the
Police Department Improvements Project in the not -to -exceed amount of
$356,007.57; and
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2. Authorize the City Manager and the City Clerk to execute the contract
documents on behalf of the City.
RESOLUTION NO. 25-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
AUTHORIZING USE OF THE OMNIA PARTNERS PURCHASING PROGRAM TO
PURCHASE FURNITURE AND INSTALLATION SERVICES FOR THE POLICE
DEPARTMENT IMPROVEMENTS PROJECT, CIP NO. 10086
Fiscal Impact: Sufficient funds have been appropriated in the Fiscal Year 2024-2025
General Fund Capital Improvement Program Budget for the Police Department
Improvements Project, Capital Improvement Program project 10086.
6. DISPOSITION AND DEVELOPMENT AGREEMENT WITH TUSTIN LEGACY
ACQUISITION LLC (IRVINE COMPANY) FOR PORTIONS OF DISPOSITION
AREAS 2113, 2C AND 8 AT TUSTIN LEGACY
Request for authorization to approve the Disposition and Development Agreement
(DDA) between Tustin Legacy Acquisition LLC (Irvine Company) and the City for the
development of a residential apartment community consisting of 1,336 rental units
on approximately 19.4 acres with a total of 25% of the residential units affordable to
lower income households. The DDA specifies the terms and conditions under which
the City owned property, known as portions of Disposition Areas 2B, 2C and 8, and
bounded by Warner Avenue, Legacy Road, Tustin Ranch Road and Compass
Avenue in Planning Areas 13 and 14 of Tustin Legacy, will be conveyed to and
developed by Tustin Legacy Acquisition LLC. The purpose of the DDA is to
implement the Reuse Plan for Marine Corps Air Station Tustin (MCAS Tustin) and
the Specific Plan for Tustin Legacy through the development and maintenance of the
property.
Recommendation:
Authorize the City Manager to execute the DDA between Tustin Legacy
Acquisition LLC and the City in the form attached hereto subject to any non -
substantive modifications as may be recommended by the City's special real
estate counsel or the City Attorney; and
2. Authorize the City Manager to take all actions and execute all other
agreements necessary or appropriate to implement the DDA.
Fiscal Impact: The property will be disposed of in a single takedown for a purchase
price of $42,100,000.00. In addition to the purchase price, Tustin Legacy Acquisition
LLC will also pay to the City a Project Fair Share Contribution of $9,584,714.53 to
fund backbone infrastructure improvements at Tustin Legacy. A brokerage
commission of 1 % of the purchase price will be paid by Tustin Legacy Acquisition
LLC to the City's broker, CBRE, at the close of escrow. Upon execution of the DDA,
Tustin Legacy Acquisition LLC will submit a $5,000,000.00 good faith deposit into
escrow, which will be applicable towards the purchase price at the close of escrow.
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The Tustin Unified School District (TUSD) created Community Facilities District
(CFD) 15-2 for portions of Tustin Legacy to fund new facilities such as the new middle
school and high school (Legacy Magnet Academy). The source of funds for
constructing facilities are: 1) statutory and development fees collected when building
permits are issued and 2) Community Facilities District fees collected on a project -
by -project basis either at the time of conveyance to a developer or assessed to the
property owners in the form of bonds. The transaction has been structured to allow
the developer/owner to assume the obligation of paying special taxes associated with
bonding under CFD 15-2; however, the City maintains the option, in its sole
discretion, to make a prepayment of an agreed upon sum at the close of escrow to
release the lien of CFD 15-2 on the subject property.
Negotiation costs, such as legal, third -party consultants and staff costs incurred by
the City are reimbursed by Tustin Legacy Acquisition LLC in accordance with the
Exclusive Negotiation Agreement (ENA). Upon execution of the DDA, Tustin Legacy
Acquisition LLC shall submit an additional City Costs Deposit to bring the deposit
account balance up to $50,000.00 to pay for the City's staff costs and third -party out-
of-pocket expenses incurred by the City in implementing the DDA through issuance
of a final Certificate of Compliance or in the event the DDA is terminated prior to
conveyance. Tustin Legacy Acquisition LLC shall replenish the City Costs Deposit as
needed to cover all of the City's Transaction Expenses.
This project will be annexed into a future Zone 3 of the City Community Facilities
District 18-01 prior to close of escrow, which has been established to cover service
costs at Tustin Legacy (police and fire; recreation program services; maintenance of
parks, streets, sidewalks and drainage facilities) due to the discrepancy in property
tax revenue (3% of the basic levy (1.0%) at Tustin Legacy versus approximately
10.5% City-wide). The Rate and Method of Apportionment specific to this project will
require City Council consideration and approval at a later date. The negotiated rate
attributable to market rate apartments will be $1,364.28 per dwelling unit with
affordable dwelling units exempted. The rate will escalate annually based on a
specific Consumer Price Index with a minimum annual escalation of 2% and a
maximum of 3%.
7. 2023-2024 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT
The City of Tustin is certified by the State of California to carry out the National
Historic Preservation Act of 1966. As a Certified Local Government (CLG), the City
is required to submit to the California State Office of Historic Preservation an annual
report reflecting the participation and qualifications of the City's Commissioners and
information related to historic preservation actions, activities, and programs. The City
of Tustin's 2023-2024 Certified Local Government Annual Report (Attachment 1)
reflects a reporting period of October 1, 2023, through September 30, 2024.
Recommendation: That the City Council:
• Receive and file the 2023-2024 CLG Annual Report; and
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• Direct staff to forward the Annual Report to the State Office of Historic
Preservation.
Fiscal Impact: All activities completed during this reporting period received City
Council approval and budget appropriation.
8. 2024 HISTORIC AND CULTURAL RESOURCES ADVISOR ANNUAL REPORT
AND 2025 HISTORIC AND CULTURAL RESOURCES ADVISOR WORK
PROGRAM
This report provides the City Council with the required annual report summarizing the
accomplishments and actions taken by the Planning Commission, acting as the
Historic and Cultural Resources Advisor, during the 2024 calendar year and the
establishment of the 2025 annual work program.
Recommendation: That the City Council receive and file the 2024 accomplishments
shown in this report and the 2025 Historic and Cultural Resources Advisor Work
Program, as described in Attachment C.
Fiscal Impact: All activities completed during the 2024 calendar year received City
Council approval and budget appropriation.
9. 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, December 3, 2024, and January 21, 2025, 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 25-19
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 25-19
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 March 18, 2025
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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.
10. 2024 ANNUAL REPORT ON THE IMPLEMENTATION OF THE GENERAL PLAN
AND HOUSING ELEMENT
The California Government Code requires the City Council to annually review the
City's progress in implementing the Tustin General Plan, with specific emphasis on
the Housing Element. This includes the progress in meeting Tustin's share of regional
housing needs, and Tustin's efforts to remove barriers that restrict housing
development, maintenance, and improvement.
With Council authorization, staff will forward the General Plan Annual Report and
Housing Element Progress Report to the California Department of Housing and
Community Development and Governor's Office of Land Use and Climate Innovation,
as required by the California Government Code.
Recommendation: That the City Council receive and file the General Plan Annual
Report and the Housing Element Progress Report, and authorize staff to submit it to
the Governor's Office of Land Use and Climate Innovation and California Department
of Housing and Community Development.
Fiscal Impact: There is no fiscal impact associated with this item.
11. 2024 TUSTIN LEGACY SPECIFIC PLAN MITIGATION MONITORING AND
REPORTING PROGRAM ANNUAL REPORT
The City Council annually reviews its progress in mitigating environmental impacts
associated with the development of the former Marine Corps Air Station Tustin, which
is currently undergoing redevelopment in accordance with the Tustin Legacy Specific
Plan. This annual review is based on documents prepared pursuant to the California
Environmental Quality Act, including the Program Final Environmental Impact
Statement/Environmental Impact Report for the Disposal and Reuse of Marine Corps
Air Station Tustin, subsequent Supplementals and Addendums to the Environmental
Impact Reports, and their Mitigation Monitoring and Reporting Programs.
Recommendation: That the City Council receive and file the Tustin Legacy Annual
Mitigation Monitoring Status Report.
Fiscal Impact: There is no fiscal impact associated with this item.
12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1563 — COMMISSION
APPOINTMENT PROCESS
California law provides that an elected Mayor, with the approval of the City Council,
shall make all appointments to boards, commissions, and committees unless
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otherwise specifically provided by statute. Adoption of Ordinance No. 1563 conforms
the provisions in the Tustin City Code regarding appointments to the City
commissions to the requirements of State law.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1563.
ORDINANCE NO. 1563
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, COMMISSION APPOINTMENT PROCESS IN THE TUSTIN CITY
CODE
Fiscal Impact: There is no fiscal impact associated with this item.
13. SELECTION OF A COMMERCIAL REAL ESTATE BROKER FOR MARKETING
AND SOLICITATION SERVICES FOR PLANNING AREA 10 OF THE PACIFIC
CENTER EAST SPECIFIC PLAN
Request for selection of a commercial real estate broker to provide marketing and
solicitation services for Planning Area 10 of the Pacific Center East Specific Plan
comprised of approximately 11 acres of City -owned real property.
Recommendation: Authorize the City Manager to negotiate and execute a Listing
Agreement with Jones Lang LaSalle IP, Inc. (JLL), subject to non -substantive
additions or modifications as may be deemed necessary and/or recommended by
the City Attorney.
Fiscal Impact: There will be no impact to the General Fund given that commission
to a commercial real estate broker is paid by the buyer or lessee at close of escrow
on a land sale or execution of a ground lease. However, the following tiered
commission structure has been negotiated with the recommended broker, JLL, which
is consistent with industry standards.
Land Sale:
3.0% of gross purchase price up to the first $10,000,000.00
2.0% of gross purchase price between $10,000,000.00 to $20,000,000.00
1.0% of gross purchase price exceeding $20,000,000.00
Ground Lease:
4.0% of the total lease payments for Years 1-5
2.0% of the total lease payments for Years 6-10
*Commission to be capped at first 10 years of ground lease payments.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
City Council March 18, 2025
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ADJOURNMENT - The next meeting is scheduled on Tuesday, April 1, 2025, for the Closed
Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council March 18, 2025
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