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Home My WebLink AboutCC MINUTES 6.03.25Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E CITY OF TUSTIN MEETING OF THE CITY COUNCIL John Nielsen, Mayor Pro Tern Ryan Gallagher, Council Member Ray Schnell, Council Member Lee K. Fink, Council Member JUNE 3, 2025 r 300 CENTENNIAL WAY, TUSTIN AE-, COUNCIL CHAMBER •; VIDEO CONFERENCE Austin Lumbard, Mayor Aldo E. Schindler, City Manager Erica N. Yasuda, City Clerk David E. Kendia. Citv Attornev MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER — #3079 at 5:00 p.m. ROLL CALL — City Clerk Erica N. Yasuda noted for the record that all members were in attendance with the exception of Council Member Schnell who arrived at 5:01 p.m. PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council convened to discuss Item No. 5 as it appears 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; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager. 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) City Council June 3, 2025 Meeting Minutes Page 1 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E 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 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 Recessed at 5:01 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 6:00 P.M. CALL TO ORDER — #3079 at 6:00 p.m. INVOCATION — Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE — Mayor Lumbard PUBLIC INPUT — 1. Brenda Nimota (In -person) 2. Celina Berenguer (In -person) City Council June 3, 2025 Meeting Minutes Page 2 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-A156-16DE4C41 DA1 E 3. Ethan Kwong (In -person) 4. Cody Alberola (In -person) 5. Rayyan Chavan (Zoom) 6. Ryan Phan (Zoom) CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. CONSENT CALENDAR 1-6 — Public Input for the Consent Calendar — None Council Member Fink requested to pull Item No. 4. It was moved by Council Member Fink and seconded by Council Member Gallagher to pull Item No. 4 and approve the balance as recommended by staff. 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 SPECIAL MEETING AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MAY 20, 2025. Motion: The City Council approved the Action Minutes of the City Council Meeting held on May 20, 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 $1,046,371.36 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 City Council June 3, 2025 Meeting Minutes Page 3 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-A156-16DE4C41 DA1 E Adoption of Ordinance No. 1567 repeals bicycle registration provisions in Tustin City Code sections 5400 - 5411. It was moved by Council Member Fink and seconded by Mayor Lumbard that the City Council have second reading by title only and adoption of Ordinance No. 1567. Roll Call Vote — City Clerk Motion carried: 5-0 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 was 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. Motion: The City Council authorized 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. Motion: The City Council awarded a Custodial Maintenance Services Contract to Executive Facility Services, Inc., and authorized 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. City Council June 3, 2025 Meeting Minutes Page 4 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-A156-16DE4C41 DA1 E 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. Public Hearing opened at 6:20 p.m. Public Input — None Public Hearing closed at 6:20 p.m. The City Council conducted a public hearing and received testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2025-2026. It was moved by Council Member Gallagher and seconded by Mayor Pro Tern Nielsen to adopt Resolution No. 25-35 confirming the annual assessments for Fiscal Year 2025-2026. Roll Call Vote — City Clerk Motion carried: 5-0 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. 8. COMPASS AT RED HILL BY MERITAGE HOMES, INC. — A 73 UNIT CONDOMINIUM PROJECT City Council June 3, 2025 Meeting Minutes Page 5 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-A156-16DE4C41 DA1 E 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. Public Hearing opened at 6:21 p.m. Assistant Director of Community Development Jay Eastman provided a PowerPoint presentation. Applicant, Vice President Johanna Crooker, Meritage Homes, provided a PowerPoint presentation. Public Input — Gabriel Groen Public Hearing closed at 6:35 p.m. City Clerk Erica N. Yasuda noted for the record that the City Council received three written comments which were distributed to the City Council and made available to the public on the City's website. It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Nielsen 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. Roll Call Vote — City Clerk Motion carried: 5-0 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 ORDINANCE NO. 1566 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT (DA) 2024-0004 BETWEEN THE CITY OF TUSTIN, CALIFORNIA, AND MERITAGE HOMES OF CALIFORNIA, INC. TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC City Council June 3, 2025 Meeting Minutes Page 6 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-A156-16DE4C41 DA1 E BENEFITS, BY INCLUDING FOUR AFFORDABLE HOUSING UNITS FOR VERY - LOW INCOME HOUSEHOLDS, A PUBLIC AMENITY SPACE INCLUDING PUBLIC ART AND GATEWAY SIGNAGE AT THE CORNER OF RED HILL AVENUE AND SAN JUAN, ON -STREET PUBLIC PARKING BAYS ALONG RED HILL AVENUE, A NEW TRAFFIC SIGNAL, AND ASSOCIATED OFF -SITE IMPROVEMENTS FOR A NEW RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE 73 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FOUR (4) AFFORDABLE UNITS, ON APPROXIMATELY 3.39 ACRES AT 13751 AND 13841 RED HILL AVENUE Fiscal Impact: There was 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. Public Hearing opened at 6:42 p.m. Senior Management Analyst Melanie Franceschini provided a PowerPoint presentation. Public Input — None Public Hearing closed at 6:51 p.m. It was moved by Mayor Lumbard and seconded by Council Member Schnell to 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. Roll Call Vote — City Clerk Motion carried: 5-0 ORDINANCE NO. 1568 City Council June 3, 2025 Meeting Minutes Page 7 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-A156-16DE4C41 DA1 E 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 was 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. City Manager Aldo E. Schindler provided introductory remarks. Assistant City Manager Nicole Bernard and Director of Finance Jennifer King provided a PowerPoint presentation. Public Input — None It was moved by Mayor Pro Tern Nielsen and seconded by Council Member Schnell that the City Council: 1. Adopted 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. Selected the price factor for adjusting the Fiscal Year 2025-2026 GANN Appropriation Limit; 3. Adopted Resolution No. 25-41 setting the appropriation limit for the Fiscal Year 2025-2026 at $131,615,075; 4. Adopted Tustin Housing Authority Resolution No. 25-03, Adopting the Housing Authority Budget for Fiscal Year 2025-2026; and 5. Adopted Resolution No. 25-39, Updating the Citywide Salary Schedule and the Position Control Schedule consistent with the Proposed Budget for Fiscal Year 2025-2026. Roll Call Vote — City Clerk City Council June 3, 2025 Meeting Minutes Page 8 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-A156-16DE4C41 DA1 E Motion carried: 5-0 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 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 City Manager Aldo E. Schindler Announced The Jessup housing development is about to close out within the next couple of days; all units have been sold; KB Home Stafford Glen housing community is now displaying model units for viewing; construction continues on a brisk pace; project should be completed by mid-2026. Councilmember Fink Announced KB Home Stafford Glen housing community is moving quickly; homes look like a nice place to live. May 22 • Attended the Orange County Water District and the City of Tustin dedication of anew PFAS treatment plant at the existing Main Street Water Treatment Plant. City Council June 3, 2025 Meeting Minutes Page 9 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E • Attended the Western State College of Law Groundbreaking event located at 15101 Red Hill Avenue. • Attended the Orange County Library Advisory Board meeting; discussed having to put a hold on the purchase of a new vending machine due to the rising cost of tariffs; looking for alternatives and a resolution in tariff issues to help resolve the rising costs. June 1 Attended the Tustin Street Fair and Chili Cook -Off event; announced it was another great event; liked how the event felt more spread out this year; congratulated the Parks and Recreation Department on a successful event. Announced June is Pride Month. Council Member Schnell May 22 Attended the Orange County Water District and the City of Tustin dedication of a new PFAS treatment plant at the existing Main Street Water Treatment Plant. May 26 Attended the Tustin Memorial Day Remembrance Event, at Veterans Sports Park; shared this was the first Memorial Day without his father. June 1 Attended the Tustin Street Fair and Chili Cook -Off event; announced it was another great event. June 3 Attended the Orange County Cemetery District Board of Trustees meeting; approved the 2025/2026 Fiscal Year Budget; announced moving forward with the design development of the new cemetery for both Veterans and the public. Announced attended his daughter's, Emma's, graduation from Orange Lutheran High School; will be attending Texas Christian University in the fall. Council Member Gallagher June 1 Attended the Tustin Street Fair and Chili Cook -Off event; announced it was a great event. May 22 Attended the Orange County Water District and the City of Tustin dedication of a new PFAS treatment plant at the existing Main Street Water Treatment Plant; congratulated the Public Works Department on a great dedication. City Council June 3, 2025 Meeting Minutes Page 10 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E Announced the Orange County Sanitation District is taking a leadership role in lobbying for SB 682; this bill would prohibit the sales of products that contains intentionally added PFAS. Mayor Pro Tem Nielsen May 22 Attended the Orange County Water District and the City of Tustin dedication of a new PFAS treatment plant at the existing Main Street Water Treatment Plant; complimented Michael Grisso, Director of Public Works for emceeing the dedication; thanked the Orange County Water District for everything they have done. May 26 Attended the Tustin Memorial Day Remembrance Event, at Veterans Sports Park; was a very moving and beautiful event; thanked Mayor Lumbard for doing such a great job representing the City; thanked city staff for their hard work organizing the event; would like explore re-establishing the Veterans Committee. June 1 Attended and participated in the Tustin Street Fair and Chili Cook -Off event; was a great event; announced the event will benefit many of the non-profit organizations in Tustin. Mayor Lumbard May 22 • Attended the Orange County Water District and the City of Tustin dedication of a new PFAS treatment plant at the existing Main Street Water Treatment Plant; thanked Michael Grisso, Director of Public Works and city staff who were involved with the dedication ceremony; thanked the State of California for providing funding for the treatment plant. • Attended the Western State College of Law Groundbreaking event located at 15101 Red Hill Avenue; excited to have an ABA accredited Law school in Tustin. • Attended the Orange County Fire Authority Board meeting. May 26 Attended the Tustin Memorial Day Remembrance Event, at Veterans Sports Park; thanked city staff for organizing a great event; thanked all the Veterans who have served our country; announced he had a discussion along with Council Member Schnell with a mother who had purchased a paver for her son who had passed away but had received the Gold Star; the event means a lot to the community. June 1 Attended and participated in the Tustin Street Fair and Chili Cook -Off event; another great event by city staff and all the volunteers. City Council June 3, 2025 Meeting Minutes Page 11 of 12 Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E ADJOURNED at 7:21 p.m. 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. Signed by: �bU,ln, Iut,l,St,ln, Mayor Pro Tern DS Signed by: i, aS'j. E R Dtg0`YA8SU DA, City Clerk City Council Meeting Minutes June 3, 2025 Page 12 of 12