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Home My WebLink About00 CC AGENDA 6.3.25CITY OF TUSTIN MEETING JUNE 3, 2025 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN f COUNCIL CHAMBER VIDEO CONFERENCE r 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 June 3, 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 June 3, 2025 Meeting Agenda Page 2 of 9 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER — #3079 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: (1 case) A. 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 City Council June 3, 2025 Meeting Agenda Page 3 of 9 Moncrief, Deputy City Manager; Ryan Swiontek, Deputy Director of 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 AND TUSTIN HOUSING AUTHORITY 6:00 P.M. CALL TO ORDER — #3079 INVOCATION — Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE — Mayor Lumbard 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 Items 1-6) 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 MEETING AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 20, 2025. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on May 20, 2025. City Council June 3, 2025 Meeting Agenda Page 4 of 9 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 $1,046,371.36 and Demands in the amount of $5,969,536.75. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1567 - REPEAL TUSTIN CITY CODE PROVISIONS REGARDING BICYCLE REGISTRATIONS Adoption of Ordinance No. 1567 repeals bicycle registration provisions in Tustin City Code sections 5400 - 5411. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1567. 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. AMENDMENT NO. 16 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS INC FOR PROPERTY MANAGEMENT/CARETAKER SERVICES AT TUSTIN LEGACY Amendment to existing Consultant Services Agreement with So Cal Sandbags, Inc. Recommendation: It is recommended that the City Council authorize the City Manager to execute Amendment No. 16 to the Consultant Services Agreement with So Cal Sandbags, Inc. Fiscal Impact: The cost of the Consultant Services Agreement will not exceed $528,000 in Fiscal Year 2025-2026. The proposed budget for Fiscal Year 2025-2026 allocates $528,000 for Tustin Legacy property management, providing adequate funding pending budget approval. 6. AWARD OF CONTRACT FOR CUSTODIAL MAINTENANCE SERVICES Staff is requesting the City Council award a contract for custodial maintenance services at various City buildings and park restrooms to Executive Facility Services, Inc. The contract will provide for all daily and periodic custodial needs for Fiscal Years 2025-2027, with the option of three (3), one-year extensions through June 30, 2030. City Council June 3, 2025 Meeting Agenda Page 5 of 9 Recommendation: It is recommended that the City Council award a Custodial Maintenance Services Contract to Executive Facility Services, Inc., and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Fiscal Impact: The proposal submitted by Executive Facility Services, Inc. includes an annual cost of $792,999.60 between July 1, 2025 and June 30, 2026. Funding has been requested in the Fiscal Year 2025-2026 Public Works Operating Budget. Future contract price adjustments may be considered each year per the contract terms, which cannot exceed the annual Consumer Price Index. PUBLIC HEARING ITEMS 7-9 7. CONDUCT PUBLIC HEARING TO CONSIDER THE LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2025-2026 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 6, 2025, meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 3, 2025. To levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 25-35 confirming the annual assessments for Fiscal Year 2025-2026. Recommendation: Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2025-2026; and 2. Adopt Resolution No. 25-35 confirming the annual assessments for Fiscal Year 2025-2026. RESOLUTION NO. 25-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2025-2026 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. City Council June 3, 2025 Meeting Agenda Page 6 of 9 8. COMPASS AT RED HILL BY MERITAGE HOMES, INC. — A 73 UNIT CONDOMINIUM PROJECT The applicant, Meritage Homes, Inc., is requesting approval to construct a residential development project that would include 73 condominium units, four of which will be set aside as affordable units on approximately 3.4 acres site located at 13751 and 13841 Red Hill Avenue. The Planning Commission held a public hearing on May 13, 2025, and adopted Resolution Nos. 4526 and 4527, recommending that the City Council approve the proposed project. Recommendation: That the City Council adopt Resolution 25-43 (Attachment 7) approving Residential Allocation Reservation 2025-0001, Design Review 2024-0014, Subdivision 2024-0005/Tentative Tract Map No. 19361, Density Bonus Requests; and adopt Ordinance 1566 (Attachment 8) approving Development Agreement 2024- 0004. RESOLUTION NO. 25-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING RESIDENTIAL ALLOCATION RESERVATION (RAR) 2025-0001, DESIGN REVIEW (DR) 2024-0014, SUBDIVISION (SUB) 2024-0005/ TENTATIVE TRACT MAP (TTM) NO. 19361, DENSITY BONUS REQUEST TO CONSTRUCT A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE 73 RESIDENTIAL CONDOMINIUM UNITS IN NINE BUILDINGS, INCLUDING FOUR AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE Fiscal Impact: There is no fiscal impact associated with this item. 9. APPROVAL OF ORDINANCE TO ADOPT 2025 FIRE HAZARD SEVERITY ZONE MAPS Government Codes 51178 and 51179 require the California Department of Forestry and Fire Protection (CAL FIRE) Office of the State Fire Marshal to identify fire hazard severity zones (FHSZ) and to transmit them to local agencies, which are then required to designate the fire hazard severity zones by ordinance. Cities must adopt these maps with the designations within 120 days of receiving the transmitted designations from CAL FIRE. On March 24, 2025, CAL FIRE issued a letter and published new maps identifying FHSZ within the Local Responsibility Area (LRA), including the City of Tustin. The State Fire Marshal identified the levels of fire hazards based on statewide criteria and the expected severity of fire hazards. Recommendation: Introduce and have the first reading by title only of Ordinance No. 1568 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSIN DESIGNATING MODERATE, HIGH, AND VERY HIGH FIRE HAZARD SEVERITY ZONES IN THE LOCAL RESPONSIBILITY AREAS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 51179. ORDINANCE NO. 1568 City Council June 3, 2025 Meeting Agenda Page 7 of 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN DESIGNATING THE STATE FIRE MARSHAL'S 2025 LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY ZONES AS REQUIRED BY CALIFORNIA LAW Fiscal Impact: There is no fiscal impact associated with this item. REGULAR BUSINESS ITEM 10 10. ADOPTION OF FISCAL YEAR 2025-2026 BUDGET AND GANN APPROPRIATION LIMIT As directed by the City Council at the May 20, 2025 budget workshop, the Proposed Biennial Operating Budget and Capital Improvement Program for Fiscal Years 2025- 2026 and 2026-2027, reflect the objectives of the 10-year Fiscal Sustainability Strategy necessary for the City to achieve its goal of operating with a structurally balanced budget. The Proposed Budget allocates resources to support the City Council's priorities and maintains a 20% General Fund Reserve level for Fiscal Years 2025-2026 and 2026-2027. Recommendation: Staff recommends that the City Council: 1. Adopt Resolution No. 25-45, Adopting the first year (Fiscal Year 2025-2026) of the 2025-2027 Biennial Budget and Related Documents for Fiscal Year 2025-2026; 2. Select the price factor for adjusting the Fiscal Year 2025-2026 GANN Appropriation Limit; 3. Adopt Resolution No. 25-41 setting the appropriation limit for the Fiscal Year 2025-2026 at $131,615,075; 4. Adopt Tustin Housing Authority Resolution No. 25-03, Adopting the Housing Authority Budget for Fiscal Year 2025-2026; and 5. Adopt Resolution No. 25-39, Updating the Citywide Salary Schedule and the Position Control Schedule consistent with the Proposed Budget for Fiscal Year 2025-2026. RESOLUTION NO. 25-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FIRST YEAR (FISCAL YEAR 2025-2026) OF THE 2025-2027 BIENNIAL BUDGET AND RELATED DOCUMENTS FOR FISCAL YEAR 2025-2026 RESOLUTION NO. 25-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2025-2026 IN ACCORDANCE WITH ARTICLE XIII B OF THE City Council June 3, 2025 Meeting Agenda Page 8 of 9 CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE TUSTIN HOUSING AUTHORITY RESOLUTION NO. 25-03 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET FOR THE FISCAL YEAR 2025-2026 RESOLUTION NO. 25-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL SCHEDULE Fiscal Impact: The proposed budget for Fiscal Year 2025-2026 allocates resources to support delivery of citywide public services and maintains a 20% General Fund Reserve level for Fiscal Years 2025-2026 and 2026-2027. 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 17, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council June 3, 2025 Meeting Agenda Page 9 of 9