HomeMy WebLinkAbout00 CC AGENDA 5.6.25CITY OF TUSTIN REGULAR MEETING MAY 6, 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
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1. PARTICIPATING DURING A MEETING
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Meeting ID: 940 8640 1921
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City Council May 6, 2025
Meeting Agenda Page 1 of 10
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Meeting ID: 940 8640 1921
Passcode: 600222
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For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the
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Disabilities Act (ADA). If you would like to request a modification or accommodation due to
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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 May 6, 2025
Meeting Agenda Page 2 of 10
CLOSED SESSION MEETING OF THE CITY COUNCIL
4:30 P.M.
CALL TO ORDER — #3077
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. LIABILITY CLAIM - [Government Code § 54956.95]
Claimant: The Center for Toxicology and Environmental Health, L.L.0
Agency claimed against: City of Tustin
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8] (2 cases)
A.
Property
APN: 430-272-11, 430-272-12, 430-272-13,
Address/Description
430-272-14, 430-272-23, 430-272-24, 430-
272-27, 430-272-28
Agency
City of Tustin
City Council May 6, 2025
Meeting Agenda Page 3 of 10
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
Sams West Inc.
Under Negotiation
Price and Terms of Payment
B.
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/Real Property;
Kenneth Pi uee, Real Property Manager
Negotiating Parties
Mariners Church
Under Negotiation
Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #3077
INVOCATION — Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Nielsen
PRESENTATIONS —
• 2025 Wildfire Awareness Prevention Season, Orange County Fire Authority
• Drowning Prevention, Orange County Fire Authority
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
City Council May 6, 2025
Meeting Agenda Page 4 of 10
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 1-12)
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 APRIL 15, 2025.
Recommendation: That the City Council approve the Action Minutes of the City
Council Meeting held on April 15, 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 $1,066,043.12 and Demands in the amount of $27,807,031.89.
4. CITYWIDE RECORDS RETENTION SCHEDULE AMENDMENT
Staff is proposing the adoption of a revised Records Retention Schedule.
Recommendation: Adopt Resolution No. 25-32, amending the City's Records
Retention Schedule.
RESOLUTION NO. 25-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE, AUTHORIZING
THE DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING
PREVIOUS RESOLUTION NO. 22-23
Fiscal Impact: There is no fiscal impact associated with this item.
5. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING
FISCAL YEAR 2025-2026 ASSESSMENTS
City Council May 6, 2025
Meeting Agenda Page 5 of 10
At the February 4, 2025, City Council meeting, the Council ordered the preparation
of an Engineer's Report for the Levy of Annual Assessments for the Tustin
Landscape and Lighting District. The Engineer's Report is now complete and ready
for City Council approval. Additionally, it is requested that the City Council declare its
intention to levy annual assessments and set a public hearing for June 3, 2025.
Recommendation: It is recommended that the City Council:
Adopt Resolution No. 25-33 approving the Engineer's Report for the Tustin
Landscape and Lighting District for Fiscal Year 2025-2026; and
2. Adopt Resolution No. 25-34 declaring its intention to levy annual assessments
for Fiscal Year 2025-2026 and setting a public hearing for June 3, 2025.
RESOLUTION NO. 25-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR
2025-2026
RESOLUTION NO. 25-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF
ASSESSMENTS FOR FISCAL YEAR 2025-2026 FOR THE IMPROVEMENT,
MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING
FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT
ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF
Fiscal Impact: Landscape maintenance and public street lighting expenses within
the Tustin Ranch area are recovered through the levy of the annual assessments for
the Tustin Landscape and Lighting District and a General Benefit Contribution. The
proposed Fiscal Year 2025-2026 budget is $931,800, with proposed assessments of
$841,739, including City -paid assessments totaling $14,110.85 for parkland and
facilities, which will be paid through the City's General Fund. The Engineer's Report
calculates a General Benefit Contribution of $90,061, which is also paid through the
City's General Fund operating budget.
6. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE
BARK BARRACKS DOG PARKS AT TUSTIN LEGACY PARK PROJECT
Construction of The Bark Barracks Dog Parks at Tustin Legacy Park has been
completed to the satisfaction of the City Engineer and is now ready for City Council
Acceptance.
Recommendation: It is recommended that the City Council:
City Council May 6, 2025
Meeting Agenda Page 6 of 10
1. Adopt Resolution No. 25-31 accepting the improvement of The Bark Barracks
Dog Parks at Tustin Legacy Park; and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 25-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING
THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE BARK
BARRACKS DOG PARKS AT TUSTIN LEGACY PARK PROJECT (CIP NO. 20091)
Fiscal Impact: The final construction cost for The Bark Barracks Dog Parks at Tustin
Legacy Park, is $1,335,565.50 with no contract change orders. The final construction
cost came in lower than the contractors base bid of $1,367,565.50, due to favorable
existing field conditions. Sufficient funds were budgeted and appropriated in the
Capital Improvement Program using Land Sale Proceeds Fund (Fund 189).
7. SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT WITH THE
COUNTY OF ORANGE
The disposal of solid waste at Orange County landfills is governed by a Waste
Disposal Agreement under which cities and sanitary districts agree to exclusively
deposit certain waste at the County of Orange's landfills in exchange for low and
stable disposal rates. The current Waste Disposal Agreement was entered into in
2009 and subsequently amended to extend the term through June 30, 2025. The
Orange County City Manager Association is currently negotiating a successor
agreement to the agreement with OC Waste & Recycling and additional time is
required to finalize mutually agreeable terms and disposal fees. The proposed
amendment extends the current agreement by one year to allow for continued
negotiations and includes a 2.6% disposal fee increase, per the escalation formula
in the current agreement.
Recommendation: It is recommended that the City Council approve the Second
Amendment to the Waste Disposal Agreement with the County of Orange and
authorize the Mayor and City Clerk to execute the document on behalf of the City.
Fiscal Impact: This amendment will have no fiscal impact on the General Fund. The
proposed amendment includes a 2.6% increase in disposal fees based on the
Consumer Price Index, in accordance with the escalation formula in the current
agreement. This proposed increase in disposal rates will be passed on to Tustin
residential and business customers according to the terms of the City's existing
contract with CR&R. The terms of this agreement allow CR&R to recover increased
disposal costs through a pass -through mechanism, subject to review and approval
by the City.
8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT —
QUARTER THREE AND QUARTER FOUR, 2024
City Council May 6, 2025
Meeting Agenda Page 7 of 10
This agenda report transmits the John Wayne Airport Noise Abatement Quarterly
Report for the third and fourth quarters of 2024. The City of Tustin is within the John
Wayne Airport's "Noise Impact Area" since it has the potential to be exposed to an
average Community Noise Equivalent Level of more than 65 decibels. Community
Noise Equivalent Level is a weighted average of noise levels over a 24-hour period,
and is a measurement frequently used in regulating the impacts of airport noise on
the surrounding community. The average noise levels measured at Tustin's
monitoring station, which is located at Columbus Tustin Middle School on Beneta
Way (site map provided as Attachment A), remained below the City, County, and
State maximum criteria during the third and fourth quarter reporting periods.
Recommendation: That the City Council receive and file this report.
Fiscal Impact: There is no fiscal impact associated with this item.
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, January 21, 2025, and March 18,
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 25-36
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 25-36
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
Fiscal Impact: There is no direct impact from a determination that a local emergency
continues to exist.
10. SELECTION OF A REAL ESTATE BROKER FOR MARKETING AND
SOLICITATION SERVICES FOR APPROXIMATELY 61 ACRES OF CITY -OWNED
REAL PROPERTY WITHIN NEIGHBORHOOD G (PLANNING AREAS 15-A AND
15-C) OF THE TUSTIN LEGACY SPECIFIC PLAN
City Council May 6, 2025
Meeting Agenda Page 8 of 10
Request for selection of a real estate broker to provide marketing and solicitation
services for approximately 61 acres of City -owned real property within Neighborhood
G (Planning Areas 15-A and 15-C) of the Tustin Legacy Specific Plan.
Recommendation: Authorize the City Manager to negotiate and execute a Listing
Agreement with CBRE, Inc., 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 real estate broker will be paid at the close of escrow on a land sale. The City and
CBRE, Inc. have negotiated the following commission:
Land Sale: 1.0% of the gross purchase price paid by future buyer
11. CONSIDERATION TO RENAME THE CITY OF TUSTIN CORPORATE YARD TO
THE LOU BONE TUSTIN CORPORATE YARD
Consideration of a request from Mayor Austin Lumbard to recognize former Mayor
Lucien "Lou" Bone by renaming the City of Tustin Corporate Yard, located at 1472
Service Road, to The Lou Bone Tustin Corporate Yard and commemorating the
honor with the placement of a plaque near the main entrance of the building.
Recommendation: Direct staff to proceed with the renaming of the Corporate Yard,
the acquisition and installation of a commemorative 20" x 30" bronze plaque.
Fiscal Impact: There is no fiscal impact to the City associated with acquisition and
installation of the commemorative plaque. Private funds have been raised by
community members to cover these costs. The total cost is $6,100.
12. CENTENNIAL PARK SCULPTURE PUBLIC ART PROJECT
At their April 16, 2025, Meeting, the Public Art Commission selected a sculpture for
installation at Centennial Park to recommend to the City Council for final approval.
Recommendation: It is recommended that the City Council approve the
recommendation of the Public Art Commission to select the sculpture submitted by
artist Seth Johnson, to be installed at Centennial Park and authorize the Parks and
Recreation Department to execute an agreement with the artist.
Fiscal Impact: Upon installation of the sculpture, the artist will be paid $13,500, in
addition to associated installation costs not to exceed $6,500, from the Public Art
Fund in the 2024-2025 Fiscal Year Budget.
PUBLIC HEARING ITEMS 13-14
13. FAMILIES FORWARD, INC. — A REQUEST FOR APPROVAL OF AN EIGHT (8)
UNIT AFFORDABLE HOUSING PROJECT (DR 2025-0005)
City Council May 6, 2025
Meeting Agenda Page 9 of 10
The applicant, Families Forward, is requesting approval to construct an 8,700-
square-foot three-story building containing eight rental units affordable to lower -
income families on a 0.22-acre site, located at 1852 San Juan Street. The Planning
Commission held a public hearing on March 25, 2025, and adopted Resolution No.
4522, recommending that the City Council adopt Resolution 25-28 to approve Design
Review 2025-0005 and Density Bonus Concession and Waiver Requests.
Recommendation: That the City Council adopt Resolution 25-28 (Attachment 7)
approving Design Review 2025-0005 and Density Bonus Requests.
RESOLUTION NO. 25-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING DESIGN REVIEW 2025-0001 AND DENSITY BONUS WAIVER AND
CONCESSION REQUESTS FOR A NEW THREE-STORY RESIDENTIAL
BUILDING WITH EIGHT RENTAL UNITS AFFORDABLE TO LOWER -INCOME
HOUSEHOLDS LOCATED AT 1852 SAN JUAN STREET
Fiscal Impact: The City Council approved an Affordable Housing Grant Agreement
on November 7, 2023, between the City of Tustin and the Applicant (Families
Forward, Inc.), allocating $2 million from the City's Inclusionary Housing Fund to
support the construction of the subject project. The Affordable Housing Grant
Agreement (Attachment 5) outlines specific project implementation deadlines, and as
of the preparation of this report, the applicant has met all provisions outlined in the
agreement.
14. ASSEMBLY BILL 2561 COMPLIANCE
Pursuant to recently codified Government Code section 3502.3, public agencies are
now required to present the status of their vacancies and recruitment and retention
efforts in a public hearing at least once per fiscal year. This presentation ensures
compliance with the law.
Recommendation: Receive and file.
Fiscal Impact: There is no fiscal impact associated with this item.
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, May 20, 2025, for the Closed
Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council May 6, 2025
Meeting Agenda Page 10 of 10