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HomeMy WebLinkAbout00 CC AGENDA 5.20.25CITY OF TUSTIN SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL r John Nielsen, Mayor Pro Tern Ryan Gallagher, Council Member Austin Lumbard, Mayor Ray Schnell, Council Member Lee K. Fink, Council Member MAY 20, 2025 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Aldo E. Schindler, City Manager Erica N. Yasuda, City Clerk 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 May 20, 2025 Meeting Agenda Page 1 of 10 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 May 20, 2025 Meeting Agenda Page 2 of 10 SPECIAL MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — 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 Special Meeting Agenda. BUDGET WORKSHOP 1. FISCAL YEARS 2025-2027 BUDGET WORKSHOP This report presents two options intended to frame numerous potential scenarios for the Proposed Biennial Operating Budget and Capital Improvement Program for Fiscal Years 2025-2026 and 2026-2027. The purpose of providing options is to facilitate community input for City Council consideration and allow time for potential adjustments or other changes to be incorporated into the proposed budget, which will be considered for adoption at a June City Council meeting. Additionally, this report presents a proposed 10-Year Fiscal Sustainability Strategy intended to align annual revenues and expenses. Recommendation: Staff recommends that the City Council: 1. Provide direction to staff regarding the proposed 10-year Fiscal Sustainability Strategy and the budget option to be considered by the City Council for adoption. Fiscal Impact: The proposed Biennial Budget for Fiscal Years 2025-2027 allocates resources to support delivery of citywide public services. 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) City Council May 20, 2025 Meeting Agenda Page 3 of 10 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 LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. Gonzalez and Duran v. City of Tustin Case No. 8:23-cv-01274-FWS-ADS REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN PUBLIC FINANCING AUTHORITY 6:00 P.M. CALL TO ORDER — #3078 INVOCATION — Deacon John Reza, St. Cecilia Church PLEDGE OF ALLEGIANCE — Council Member Schnell 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 1-11) City Council May 20, 2025 Meeting Agenda Page 4 of 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 SPECIAL CLOSED SESSION MEETING AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 6, 2025. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on May 6, 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 $1,045,360.64 and Demands in the amount of $4,891,671.79. 4. FIRST READING OF ORDINANCE TO REPEAL TUSTIN CITY CODE PROVISIONS REGARDING BICYCLE REGISTRATIONS This item recommends first reading by title only of Ordinance 1567 to repeal of the bicycle registration provisions in Tustin City Code sections 5400 - 5411. Recommendation: Conduct first reading by title only of Ordinance 1567 entitled "An Ordinance of the City Council of the City of Tustin Repealing Chapter 4 of Article 5 of the Tustin City Code Concerning Bicycle Registration", and direct staff to place the Ordinance on the next regular meeting agenda for second reading and adoption. ORDINANCE NO. 1567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPEALING CHAPTER 4 OF ARTICLE 5 OF THE TUSTIN CITY CODE CONCERNING BICYCLE REGISTRATION. Fiscal Impact: There is no fiscal impact associated with this item. 5. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE JOHN LYTTLE RESERVOIR IMPROVEMENTS PROJECT Construction of the John Lyttle Reservoir Improvements Project 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 20, 2025 Meeting Agenda Page 5 of 10 Adopt Resolution No. 25-12 accepting the improvement of the John Lyttle Reservoir Improvements Project; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 25-12 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 JOHN LYTTLE RESERVOIR IMPROVEMENTS PROJECT, (CIP NO. 60148) Fiscal Impact: The final construction cost for the John Lyttle Reservoir Improvements Project is $741,596.41, including contract credits and change orders, and approximately 2% lower than original contract amount of $758,088.92. Sufficient funds were budgeted and appropriated in the Capital Improvement Program using 2024 Water Bond Fund (Fund 307). 6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDED MARCH 31, 2025 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. Fiscal Impact: There is no fiscal impact associated with this item. 7. CITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A COMPETITIVE OFFERING FOR APPROXIMATELY 52 ACRES OF CITY -OWNED REAL PROPERTY WITHIN NEIGHBORHOOD E (PLANNING AREAS 9-12) OF THE TUSTIN LEGACY SPECIFIC PLAN Staff is requesting City Council consideration and approval to release a competitive offering for approximately 52 acres of City -owned real property within Neighborhood E (Planning Areas 9-12) of the Tustin Legacy Specific Plan 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 approximately 52 acres of City -owned real property within Neighborhood E (Planning Areas 9-12) of the Tustin Legacy Specific Plan pursuant to the procedures recently approved by the City Council in Resolution 25-10; and City Council May 20, 2025 Meeting Agenda Page 6 of 10 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. 8. AMENDED LISTING AGREEMENT WITH CCP REAL ESTATE ADVISORS FOR APPROXIMATELY 52 ACRES OF CITY -OWNED REAL PROPERTY WITHIN NEIGHBORHOOD E (PLANNING AREAS 9-12) OF THE TUSTIN LEGACY SPECIFIC PLAN Amended Listing Agreement with CCP Real Estate Advisors to provide marketing and solicitation services for approximately 52 acres of City -owned real property within Neighborhood E (Planning Areas 9-12) of the Tustin Legacy Specific Plan. Recommendation: Authorize the City amended Listing Agreement with CCP substantive additions or modifications recommended by the City Attorney. Manager to negotiate and execute an Real Estate Advisors, subject to non - as may be deemed necessary and/or Fiscal Impact: There will be no impact to the General Fund given that commission to a commercial real estate broker is paid at close of escrow on a land sale or execution of a ground lease. The City and CCP Real Estate Advisors have negotiated the following commission: 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 3.0% of the total lease payments for Years 1-10 Lease: *Commission to be capped at first 10 years of ground lease payments. The final compensation amount to be paid will depend on the success of a future conveyance. It is undetermined at this time whether property would be conveyed under a sale or ground lease. 9. SELECTION OF A REAL ESTATE BROKER FOR MARKETING AND SOLICITATION SERVICES FOR CITY -OWNED REAL PROPERTY AT 150 E. FIRST STREET Request for selection of a real estate broker to provide marketing and solicitation services for approximately 0.4 acres of City -owned real property at 150 E. First Street within Development Area 2 of the Downtown Commercial Core Specific Plan. Recommendation: Authorize the City Manager to negotiate and execute a Listing Agreement with Professional Real Estate Services, Inc., subject to non -substantive City Council May 20, 2025 Meeting Agenda Page 7 of 10 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 is paid at close of escrow on a land sale or execution of a ground lease. The City and Professional Real Estate Services, Inc., have negotiated the following commission: Sale: 4.0% of gross purchase price Lease: 4.0% of the total lease payments for Years 1-10 *Commission to be capped at first 10 years of lease payments. 10. CONSULTANT SERVICES AGREEMENT WITH SECURITAS SECURITY SERVICES USA, INC. Staff is requesting approval to enter into a Consultant Services Agreement with Securitas Security Services USA, Inc. for on -site security guard services for the South Hangar at Tustin Legacy. Recommendation: It is recommended that the City Council authorize the City Manager or designee to execute a Consultant Services Agreement with Securitas Security Services USA, Inc., 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 Consultant Services Agreement with Securitas Security Services USA, Inc. is not to exceed $725,000 for June 2025 through May 2026. Sufficient funds have been appropriated in the Fiscal Year 2024- 2025 amended budget and the proposed Fiscal Year 2025-2026 budget. 11. CITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A COMPETITIVE OFFERING FOR APPROXIMATELY 21 ACRES OF CITY -OWNED REAL PROPERTY WITHIN NEIGHBORHOOD E (PLANNING AREAS 9-12) OF THE TUSTIN LEGACY SPECIFIC PLAN Staff is requesting City Council consideration and approval to release a competitive offering for approximately 21 acres of City -owned real property within Neighborhood E (Planning Areas 9-12) of the Tustin Legacy Specific Plan 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 approximately 21 acres of City -owned real property within Neighborhood E (Planning Areas 9-12) of the Tustin Legacy Specific Plan pursuant to the procedures recently approved by the City Council in Resolution 25-10; and City Council May 20, 2025 Meeting Agenda Page 8 of 10 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. PUBLIC HEARING ITEM 12 12. PUBLIC HEARING AND APPROVAL BY THE TUSTIN FINANCING AUTHORITY AND THE CITY OF TUSTIN AS THE LEGISLATIVE BODY FOR THE COMMUNITY FACILITIES DISTRICTS OF THE ISSUANCE OF SPECIAL TAX REVENUE REFUNDING BONDS IN AN AMOUNT NOT TO EXCEED $63 MILLION TO REFUND THE COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) 2015 SPECIAL TAX BONDS, SERIES 2015A AND COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX REFUNDING BONDS, SERIES 2015A AND SERIES 2015B On April 1, 2025, the City of Tustin ("City") authorized the initiation of proceedings to issue bonds (the "2025 Refunding Bonds") to refund its outstanding City of Tustin Community Facilities District No. 2014-1 (Tustin Legacy/Standard Pacific) Special Tax Bonds, Series 2015A, City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Village) Special Tax Refunding Bonds, Series 2015A; and the City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) Special Tax Bonds Series 2015B (collectively, the "2015 CFD Bonds") to take advantage of lower interest rates to reduce the annual debt service payments and lower property owners' special tax payments starting in FY 2025-2026. To maximize savings, the 2025 Refunding Bonds will be issued and publicly sold by the Tustin Financing Authority ("Authority"), by pooling the underlying refunding bonds of each community facilities district. Recommendation: It is recommended that the City Council: 1. CONDUCT A PUBLIC HEARING TO CONSIDER THE ISSUANCE BY THE TUSTIN FINANCING AUTHORITY OF ITS SPECIAL TAX REVENUE REFUNDING BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $63 MILLION TO POOL AND ISSUE DEBT TO FACILITATE THE REFUNDING OF THE 2015 CFD BONDS; 2. ADOPT RESOLUTION 25-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO.06- 1 (TUSTIN LEGACY/COLUMBUS VILLAGES), AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX REFUNDING BONDS, SERIES 2025 IN A PRINCIPAL AMOUNT NOT TO EXCEED $38 MILLION AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; AND 3. ADOPT RESOLUTION 25-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. City Council May 20, 2025 Meeting Agenda Page 9 of 10 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC), AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX REFUNDING BONDS, SERIES 2025 IN A PRINCIPAL AMOUNT NOT TO EXCEED $25 MILLION AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. It is recommended that the Board of Directors of the Tustin Financing Authority: 1. ADOPT RESOLUTION NO. 25-01 AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX REVENUE REFUNDING BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $63 MILLION AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Fiscal Impact: The 2025 Refunding Bonds will have no financial impact on the City's General Fund, as all payments of principal and interest on the 2025 Refunding Bonds will be paid solely from the special tax revenues levied and collected from properties located in the affected community facilities districts. All bond issuance costs will be paid from the proceeds of the Bonds. It is estimated that the refunding of the 2015 CFD Bonds will reduce annual debt service payments by approximately $485,000 per year, totaling over $3.6 million in net present value saving over the remaining term of the 2015 CFD Bonds based on market conditions as of April 30, 2025. 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, June 3, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council May 20, 2025 Meeting Agenda Page 10 of 10