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HomeMy WebLinkAbout00 CC AGENDA 10.07.25CITY OF TUSTIN MEETING OCTOBER 7, 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 October 7, 2025 Meeting Agenda Page 1 of 8 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 October 7, 2025 Meeting Agenda Page 2 of 8 CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3085 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 City Council October 7, 2025 Meeting Agenda Page 3 of 8 REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3085 INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE — Council Member Schnell PRESENTATION — Groundswell, Dr. Gurpreet Singh Ahuja 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 1-9) 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 SEPTEMBER 16, 2025. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on September 16, 2025. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council October 7, 2025 Meeting Agenda Page 4 of 8 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 $1,140,030.48 and Demands in the amount of $8,056,707.42. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1565 - DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT APPLICABLE TO WELLINGTON PLAZA Adoption of Ordinance No. 1565 approves Specific Plan Amendment 2024-0004, amending the Downtown Commercial Core Specific Plan to limit the permitted uses within the existing Wellington Plaza office complex to general and professional offices, photography studios, and tutoring facilities. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1565. ORDINANCE NO. 1565 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING SPECIFIC PLAN AMENDMENT 2024-0004 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET Fiscal Impact: There is no fiscal impact associated with this item. 5. APPOINTMENT TO FILL VACANCY ON TUSTIN AREA SENIOR CENTER FUND BOARD OF DIRECTORS Staff is requesting City Council appoint Michele Markus to the Tustin Area Senior Center Fund, Inc. Board of Directors. Recommendation: It is recommended that the City Council appoint Michele Markus, an active community volunteer, to the Board of Directors of the Tustin Area Senior Center Fund, Inc. Fiscal Impact: There is no fiscal impact associated with this item. 6. AWARD CONSTRUCTION CONTRACT FOR THE MAIN STREET AND OLD TOWN IMPROVEMENTS PROJECTS Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Main Street and Old Town Improvements Projects. Recommendation: It is recommended that the City Council: City Council October 7, 2025 Meeting Agenda Page 5 of 8 1. Award a construction contract to the lowest responsive/responsible bidder, Los Angeles Engineering, Inc. in the amount of $10,390,406.15 for the Main Street and Old Town Improvements Projects and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 2. Appropriate $510,000 from Measure M2 Fair Share for the Old Town Improvements Project. Fiscal Impact: The Fiscal Year 2025-2026 Capital Improvement Program budget includes funding in the amount of $7,000,000 for the Main Street Improvements Project and $3,993,741 for the Old Town Improvements Project. In addition, $17,530 of Community Development Block Grant Program Year 2023-2024 funds were reallocated administratively to this project. The requested appropriation of $510,000 brings the total budget to $11,521,271 and is needed to fully fund the Old Town Improvements Project. Expenses include: • Construction Contract — Schedule "A" (General Items) .................. $1,092,500 • Construction Contract — Schedule "B" (Old Town Improvements)- $3,707,105 • Construction Contract — Schedule "C" (Main St. Improvements) .... $5,590,802 • Contingency (10%)........................................................................ $1,039,040 • Construction Support and Geotechnical Services ................................ $91,824 • Total Budget................................................................................. $11,521,271 7. RECOMMENDATION OF PROPOSALS TO PROCEED TO A FINAL ROUND OF NEGOTIATIONS FOR THE COMPETITIVE OFFERING FOR 150 E. FIRST STREET Two (2) proposals are recommended for City Council consideration to proceed to a final round of negotiations for the competitive offering for 150 E. First Street within Development Area 2 of the Downtown Commercial Core Specific Plan. Recommendation: It is recommended that the City Council take the following actions: 1. Authorize staff and the City's broker Professional Real Estate Services Inc. to inform two (2) proposers from the competitive offering for 150 E. First Street that they will be proceeding to a final round; and 2. Authorize staff to further reduce the number of proposals that will ultimately be recommended to the City Council for consideration at a later date. Fiscal Impact: There is no fiscal impact associated with this item. 8. CREATIVE SIGNALS GIFTED PUBLIC ART — TUSTIN COMMUNITY FOUNDATION City Council October 7, 2025 Meeting Agenda Page 6 of 8 At their September 17, 2025, Meeting, the Public Art Commission recommended to forward three Creative Signals cabinet wraps as gifted public art donated by the Tustin Community Foundation for final approval by the City Council. Recommendation: It is recommended that the City Council approve the recommendation of the Public Art Commission to approve three Creative Signal wraps proposed by the Tustin Community Foundation and authorize the Parks and Recreation Department to accept all three as gifted public art. Fiscal Impact: There is no fiscal impact as all three Creative Signals wraps will be funded by the Tustin Community Foundation and donated to the City of Tustin as gifted public art. 9. OLD TOWN ART WALK PLANTER BOX PUBLIC ART PROJECT At their September 17, 2025, meeting, the Public Art Commission recommended forwarding two planter box public art concepts to be completed in association with the 2025 Old Town Art Walk event for final approval by the City Council. Recommendation: It is recommended that the City Council approve the design submissions received for repainting two planter boxes at the Old Town Art Walk as recommended by the Public Art Commission and authorize the Parks and Recreation Department to execute an agreement with the artist. Fiscal Impact: The cost of completing both planter boxes will not exceed $3,000. A total of $2,000 will be paid to the artist and the Orange County School of the Arts and the remaining funds will cover the cost of preparing the planter boxes for repainting. The current balance in the Public Art Fund is approximately $44,000. REGULAR BUSINESS 10. ADOPT RESOLUTION NO. 25-59 DECLARING THE INTENTION TO FORM THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 REPLACING THE EXISTING TUSTIN LANDSCAPE AND LIGHTING DISTRICT The Tustin Landscape and Lighting District was formed in 1985 and provides funding for the maintenance of perimeter landscaping on arterial streets and for the operation and maintenance of street lighting on public roads within the Tustin Ranch area. The current assessment revenue is no longer sufficient to cover the cost of maintaining the public infrastructure. At the July 15, 2025 meeting, staff recommended and the City Council directed the preparation of an Engineer's Report for the Tustin Landscape and Lighting Reassessment District 2025. This report presents the prepared Engineer's Report for the City Council's approval and recommended actions to initiate the formation of the proposed assessment district. Recommendation: It is recommended that the City Council adopt Resolution No. 25-59 declaring the intention to form Tustin Landscape & Lighting Reassessment City Council October 7, 2025 Meeting Agenda Page 7 of 8 District 2025 replacing the existing district as of Fiscal Year 2026-2027 and to levy assessments commencing with Fiscal Year 2026-2027, accepting and approving the Engineer's Report, ordering a property owner official assessment ballot proceeding, and setting a Public Hearing for December 2, 2025. RESOLUTION NO. 25-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO FORM TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 AND TO LEVY ASSESSMENT COMMENCING WITH FISCAL YEAR 2026-2027; ACCEPTING AND APPROVING THE ENGINEER'S REPORT; TO CONDUCT A PROPERTY OWNER OFFICIAL ASSESSMENT BALLOT PROCEEDING ON THE MATTER OF THE NEW ASSESSMENTS; AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS Fiscal Impact: Sufficient funds are budgeted and appropriated in the Tustin Landscape and Lighting Fund for the required property owner's official assessment ballot proceedings for the proposed reassessment district. The costs for operating and maintaining the public infrastructure in the Tustin Landscape and Lighting District are offset through the levy of the annual assessments. The proposed Tustin Landscape and Lighting Reassessment District 2025 contains the same cost - recovery structure with proposed annual assessments and a general fund contribution. The proposed reassessment district has no impact on the existing Tustin Landscape and Lighting District Fund's budget for Fiscal Year 2025-2026. If approved by the property owners, the reassessment district will replace the existing district and levy assessments commencing Fiscal Year 2026-2027. Similarly, the General Fund contribution would increase in Fiscal Year 2026-2027 and each year thereafter, consistent with the proposed schedule outlined in the Engineers Report and Table 2 below. Should the Tustin Landscape and Lighting Reassessment District 2025 fail to be approved by the property owners, maintenance will remain at reduced service levels and will be refined annually to ensure expenses do not exceed revenue. 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, October 21, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:00 p.m. City Council October 7, 2025 Meeting Agenda Page 8 of 8