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Home My WebLink About02 CC MINUTES 03.04.25Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E Agenda Item 2 Reviewed: Initial City Manager aS Finance Director N/A CITY 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 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3073 at 4:30 p.m. ROLL CALL — City Clerk Present: Mayor Austin Lumbard, Mayor Pro Tern John Nielsen and Council Members Ryan Gallagher, and Lee K. Fink Absent: Council Member Ray Schnell (arrived at 4:31 p.m.) 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 meet to discuss Items 3, 4A 4B and 5 as listed on the Closed Session agenda, including conference with its real property 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 and its labor negotiators Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore. 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 March 4, 2025 Meeting Minutes Page 1 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E 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 Under Negotiation Price and Terms of Payment B. Property APN: 430-272-04, 430-272-12, 430-272-14, 430- Address/Descri tion 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 Pro e ty Manager Negotiating Parties Topgolf International 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 City Council March 4, 2025 Meeting Minutes Page 2 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Management Association (TPMA) Recessed at 4:31 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3073 at 6:03 p.m. INVOCATION — Council Member Gallagher PLEDGE OF ALLEGIANCE — Mayor Lumbard PRESENTATIONS — On behalf of the City Council, Mayor Nielsen presented a proclamation to outgoing Community Services Commissioner Donna Marsh Peery in recognition of her years of service to the Tustin community. On behalf of the City Council, Council Member Gallagher presented a proclamation to outgoing Planning Commissioner Steve Kozak in recognition of his years of service to the Tustin community. On behalf of the City Council, Council Member Schnell presented a proclamation to Police Chief Stu Greenberg in recognition of his retirement and years of service to the Tustin community. Recessed at 6:31 p.m. Reconvened at 6:34 p.m. PUBLIC INPUT — None CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. City Council March 4, 2025 Meeting Minutes Page 3 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E CONSENT CALENDAR 1-10 — PUBLIC INPUT FOR THE CONSENT CALENDAR - None Council Member Fink requested to pull Items 6 and 10. It was moved by Council Member Gallagher and seconded by Mayor Pro Tern Nielsen to pull Items 6 and 10 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 FEBRUARY 18, 2025. Motion: The City Council approved 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. Motion: The City Council approved 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 Minutes Page 4 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E Motion: The City Council had 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 anticipated that the 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. Motion: The City Council: 1. Approved License Agreement between the Orange County Flood Control District and the City of Tustin for the Beneta Well Project; and 2. Authorized 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 Minutes Page 5 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E 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. It was moved by Council Member Fink to direct the City Attorney to return with a revised ordinance that updates the process to include appointing one member from each Council district to the Audit Commission, Community Service Commission, Planning Commission, and Public Art Commission. The motion did not receive a second. It was moved by Council Member Gallagher and seconded by Mayor Pro Tern Nielsen that the City Council: 1. 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. Roll Call Vote — City Clerk Motion carried: 5-0 Fiscal Impact: There was no fiscal impact associated with this item. 7. 2025 COMMISSION APPOINTMENTS City Council approval is required for the Mayor's 2025 Commission appointments. Mntinn 1. Approved the following appointments by the Mayor: Audit Commission: • John Wende (second four-year term) • Michael Zwissler (first four-year term) City Council March 4, 2025 Meeting Minutes Page 6 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E 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) 2. Directed the City Clerk to solicit applications for the remaining vacancies on the Building Board of Appeals. Fiscal Impact: There was 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. Motion: The City Council took the following actions: 1. Authorized 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. Authorized the City Manager to continue and/or enter into temporary leases and licenses prior to final disposition. Fiscal Impact: There was 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. City Council March 4, 2025 Meeting Minutes Page 7 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E Motion: The City Council took the following actions: Approved 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. Authorized 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 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. It was moved by Council Member Fink and seconded by Mayor Lumbard to 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. Roll Call Vote — City Clerk Motion carried: 5-0 City Council March 4, 2025 Meeting Minutes Page 8 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E Fiscal Impact: The proposed compensation for the proposed Consultant Services Agreement with JPW Communications was 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 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Aldo E. Schindler Provided an update regarding the Red Hill Avenue Traffic Signal Synchronization Program; the Orange County Transportation Authority (OCTA) has been working as the lead agency on the project with a collaboration between Tustin, Irvine, and Costa Mesa; which includes twenty-eight signalized intersections; the project is in its final phase with communication lines being installed at each intersection with traffic control software followed by programing and synchronization on the Red Hill Avenue corridor; the City of Tustin is pushing OCTA for the synchronization timing to be implemented and operational by June 2025. Councilmember Fink February 22 Attended the Tustin Community Foundation Sip & Stroll event in Old Town Tustin; was a wonderful event; saw Council Member Schnell and City Manager Aldo E. Schindler at the event. Announced he will be attending the Bark Barracks at Tustin Legacy Park Grand Opening on Saturday, March 8, 2025. Announced that the 6t" Annual Mr. Tustin Pageant will be held on Saturday, March 8, 2025, at the Santa Ana Elks Lodge; proceeds from the event will go to benefit the Miss Tustin Scholarship Association; encouraged everyone to attend. Shared the pleasure of seeing the Tustin Angels Bocce Ball Special Olympics team practice at Peppertree Park. Announced a public input e-comment was received for the agenda item 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; the comment was referring to smaller pieces of the offering being available; confirmed that smaller parts of the offering can be bid on instead of the entire area; there's a lot of flexibility and possibilities with this area. Received an email regarding a group home which looks to be a rehabilitation center or sober living home in the City which is causing parking issues in the neighborhood; announced the City of Costa Mesa has a sober living ordinance; stated would like to look at having a similar City Council March 4, 2025 Meeting Minutes Page 9 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E ordinance in Tustin to address the needs and concerns of the impacts with the neighborhoods. Council Member Schnell Congratulated all the commissioners who were appointed and thanked the former commissioners for their hard work and input in making the Tustin community a great place. February 19 Announced he had a great lunch with Tustin Police Officer Beck Svensson, President of the Tustin Police Officers Association; stated it is very important for City Council and the leadership of the Police Department to have an open dialog of communication; would like to continue that in the upcoming years. Acknowledged daughter Emma Schnell who was attending the City Council meeting with friends Chloe, Racheal, and Aaron. Council Member Gallagher Attended a few Orange County Sanitation District Board meetings. February 19 Announced he was a presenter at the Orange County Water Association; did a co - presentation with Robert C. Thompson, General Manager of the Orange County Sanitation District, giving an overview of the organization as well as discussing upcoming capital improvement projects. February 21 Announced he was a speaker at the Red Hill Lutheran School Community Helper program. Announced he had the opportunity to attend The Real Time Operations Center which is a centralized location that uses technology to help law enforcement respond to emergencies and investigation; this is an Orange County Sheriff's Department facility but is located in the City of Tustin; was very impressed with the use of technology; stated visiting the facility made him think of how Tustin can embrace technology in creating more value for the residents. Announced his sister Jennifer Gallagher, Global Commercial Banking Executive, Southern California Bank of America was featured in the Orange County Business Journal. Mayor Pro Tem Nielsen February 20 Announced he had the privilege of swearing -in Karin Marquez as Director -Division 4 for the East Orange County Water District. February 22 Attended the Tustin Community Foundation Sip & Stroll event in Old Town Tustin; was a City Council March 4, 2025 Meeting Minutes Page 10 of 11 Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E great event. February 28 Attended the Tustin High School Dance Team, Dancing with the Staff Fundraiser; teachers and staff were dance participants with a three -judge panel; the event was coached by his daughter Kierstie Stone; was a fantastic event. Announced there will be a free Vision Screening event held at Century High School in Santa Ana on March 8, 2025, from 8:00 a.m.-2:00 p.m.; hosted in conjunction with the Tustin Host Lions Club, Santa Ana Unified School District, Santa Ana Host Lions Club, and the Orange County Central Lions; last year the event was held at the Columbus Tustin Middle School with over 350 people participating; asked everyone to please spread the word. Mayor Lumbard Congratulated the newly and re -appointed commissioners; stated commission work within the City of Tustin is very important; thanked former commissioners for their hard work and service to the Tustin community. Announced there are a few openings for board members on the Building Board of Appeals; please contact the City Clerk's Office for information. ADJOURNED at 6:57 p.m. 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 Minutes Page 11 of 11