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HomeMy WebLinkAbout00 CC AGENDA 6.16.26CITY OF TUSTIN MEETING JUNE 16, 2026 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN f COUNCIL CHAMBER VIDEO CONFERENCE r Ray Schnell, Mayor Pro Tern Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager Lee K. Fink, Council Member Erica N. Yasuda, City Clerk John Nielsen, 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 16, 2026 Meeting Agenda Page 1 of 11 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 16, 2026 Meeting Agenda Page 2 of 11 CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3101 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), (e)(2), (e)(3), (e)(5): (1 case) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case) 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. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION - [Government Code § 54956.9(d)(1)] Name of case: Onterris Response and Recovery, LLC, et al, v. City of Tustin et al., O.C.S.C. Case No. 30-2026-01572066-CU-BC-CJC. City Council June 16, 2026 Meeting Agenda Page 3 of 11 REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3101 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATION — Recognition of Blue Buoy Swim Family School - 70t" Anniversary 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 1-11) 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 CLOSED SESSION MEETING AND REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 2, 2026. Recommendation: That the City Council approve the Action Minutes of the City Council Closed Session Meeting and the Regular Meeting held on June 2, 2026. 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. City Council June 16, 2026 Meeting Agenda Page 4 of 11 Recommendation: It is recommended that the City Council approve Payroll in the amount of $1,208,554.39 and Demands in the amount of $2,366,321.70. 4. RESOLUTION PROCLAIMING THE TERMINATION OF THE 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. The City Council has reviewed and determined the need to continue the local emergency at least once every sixty (60) days since the local emergency was proclaimed, as required by State law. On June 9, 2026, the California Department of Toxic Substances Control determined that the City of Tustin's remediation of the Navy North Hangar is now complete. In light of that determination, it is recommended that the City Council proclaim the local emergency terminated. Recommendation: It is recommended that the City Council: 1. Adopt Resolution 26-36 (Attachment 2) proclaiming the local emergency related to the Navy North Hangar Fire to be terminated; and 2. Receive and file the June 3, 2026 North Hangar Post -Fire Action Summary Report (Attachment 3). RESOLUTION 26-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA PROCLAIMING THE LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR FIRE TO BE TERMINATED. Fiscal Impact: There is no direct impact from termination of the local emergency. 5. ADOPT RESOLUTION NO. 26-35 APPROVING FISCAL YEAR 2026-2027 SENATE BILL 1 PROJECT LIST To be eligible to receive new funding under Senate Bill 1, the City is required to submit a Project List to the California Transportation Commission no later than July 1, 2026. Recommendation: Recommend the City Council: 1. Adopt Resolution No. 26-35 identifying projects to be submitted to the California Transportation Commission for Senate Bill 1 funding; and 2. Direct staff to submit the Project List to the California Transportation Commission on behalf of the City. City Council June 16, 2026 Meeting Agenda Page 5 of 11 RESOLUTION NO. 26-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Fiscal Impact: Submittal of the Project List to the California Transportation Commission allows the City to receive funding for maintenance, rehabilitation, and safety -related roadway projects. The City will receive an estimated $2,254,278 in Senate Bill 1 funding for Fiscal Year 2026-2027. These restricted transportation funds are programmed toward eligible roadway maintenance, rehabilitation, and safety improvement projects included in the City's Capital Improvement Program. 6. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2026-2027 To maintain eligibility to receive Orange County Measure M2 Program funding, the City is required to annually submit a compliance package to the Orange County Transportation Authority. Recommendation: Recommend the City Council take the following actions: Adopt the attached Measure M2 Seven -Year Capital Improvement Program (Fiscal Year 2026-2027 through Fiscal Year 2032-2033, Attachment "B" of the M2 Eligibility Package); and 2. Approve Resolution No. 26-37, informing the Orange County Transportation Authority that the City updated a Local Signal Synchronization Plan that is in conformance with their format; and 3. Authorize the Director of Public Works to submit the City of Tustin's Measure M2 eligibility package to the Orange County Transportation Authority. RESOLUTION NO. 26-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM Fiscal Impact: The City has successfully secured Comprehensive Transportation Funding Program competitive funds under the current Measure M2 Program and met required match funding contributions towards various projects over the years. Since 2011, the City has received approximately $48M from Measure M2, including $24.6M in Local Fair Share funds. The City's annual local jurisdiction apportionment, known as "Local Fair Share" under Measure M2, is estimated at $2.15M for Fiscal Year 2026-2027. City Council June 16, 2026 Meeting Agenda Page 6 of 11 7. DECLARE INTENT TO VACATE ENDERLE CENTER DRIVE AND SET A PUBLIC HEARING California Streets and Highways Code Section 8312 authorizes the City Council to vacate all or a portion of a street within the City when it is no longer necessary for current or prospective public street purposes, either on its own initiative or upon request of an interested party. A request was received from the owners of Enderle Family Trust Enderle Center to vacate Enderle Center Drive. Pursuant to procedures outlined in Sections 8320-8325 of the California Streets and Highways Code, the City Council must first adopt a resolution declaring its intent to vacate and set a public hearing. Resolution No. 26-30 includes an associated map of the area to be vacated. Recommendation: It is recommended the City Council adopt Resolution No. 26-30 declaring its intent to vacate Enderle Center Drive and set a public hearing for September 15, 2026. RESOLUTION NO. 26-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DECLARING ITS INTENTION TO VACATE ENDERLE CENTER DRIVE Fiscal Impact: Adoption of the Resolution of Intent to Vacate Enderle Center Drive does not result in any immediate fiscal impact to the City. Any future fiscal impacts associated with the proposed vacation and redevelopment project will be evaluated as part of subsequent approvals and implementation activities. 8. APPROVE AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT WITH RIOS Staff recommends the City Council approve Amendment No. 2 to the Consultant Services Agreement with RIOS to provide design modifications of the Legacy Park Phase 2 Project. The City has explored design alternatives to reduce construction costs and recommend authorizing the redesign, including the preparation of the final plans, specifications, and construction documents. Recommendation: It is recommended the City Council approve Amendment No. 2 to Consultant Services Agreement with RIOS to provide design modifications of the Legacy Park Phase 2 Project, in an amount not to exceed $382,410.00, and authorize the City Manager to execute the Agreement on behalf of the City. Fiscal Impact: The proposed Amendment No. 2 to Consultant Services Agreement with RIOS includes a not -to -exceed total compensation amount of $382,410.00. Sufficient funds have been appropriated in the Fiscal Year 2025-2026 Capital Improvement Program Budget. 9. EXCLUSIVE NEGOTIATING AGREEMENT WITH TUSTIN LEGACY MIXED USE, LLC FOR AN APPROXIMATELY 52 ACRE SITE WITHIN THE TUSTIN LEGACY SPECIFIC PLAN AREA City Council June 16, 2026 Meeting Agenda Page 7 of 11 Request for authorization to enter into an Exclusive Negotiating Agreement with Tustin Legacy Mixed Use, LLC for the disposition and development of approximately 52 acres of City -owned real property within the Tustin Legacy Specific Plan. The staff supported recommendation is made by an Ad Hoc Committee composed of Councilmember Gallagher and Mayor Lumbard. Recommendation: Authorize the City Manager to execute the Exclusive Negotiating Agreement between the City and Tustin Legacy Mixed Use, LLC in the form attached hereto, subject to any nonsubstantive modifications as may be recommended by the City's special real estate counsel or the City Attorney. Fiscal Impact: Concurrent with the execution of the Exclusive Negotiating Agreement, Tustin Legacy Mixed Use, LLC will submit a good faith deposit of $250,000 to be applied toward staff and thirdparty costs incurred by the City including the retention of legal counsel associated with the negotiation. These costs are separate from entitlement expenses that will be borne by Tustin Legacy Mixed Use, LLC. 10. OFFICE LEASE AMENDMENT NO. 6 FOR 275 CENTENNIAL WAY Request for authorization to enter into a Sixth Amendment to Lease with PK II LARWIN SQUARE SC LP ("Landlord"), extending the term to June 30, 2031, at 275 Centennial Way to provide supplemental office space for City staff. Recommendation: Approve and authorize the City Manager to execute the Sixth Amendment to Lease with PK II LARWIN SQUARE SC LP, in the form attached hereto, subject to any nonsubstantive modifications as may be recommended by the City Attorney. Fiscal Impact:The monthly rent will increase by three percent from $4,502.89 to $4,638.00, with the new total annual rent being $55,656. Thereafter, the monthly rent will increase at a rate of three percent annually on July 1. The City will pay a fee of $10.00 as consideration for the amendment. There is sufficient appropriation in the 2026-27 Budget to support lease payments. Future annual lease amounts will be incorporated in the budget for City Council's consideration. 11. CITY COUNCIL LIAISONS TO TUSTIN UNIFIED SCHOOL DISTRICT The Mayor appoints those members of the City Council who will represent the City as liaisons or who will serve on various Regional committees and Mayor -appointed Ad Hoc committees. The proposed City Councilmember liaison designees to Tustin Unified School District are the Mayor and Mayor Pro. Recommendation: That the City Council designate the Mayor and Mayor Pro Tern as the City's liaisons to the Tustin Unified School District. Fiscal Impact: There is no fiscal impact associated with this item. City Council June 16, 2026 Meeting Agenda Page 8 of 11 PUBLIC HEARING ITEMS 12-14 12. ADOPTION OF 2025 WATER SHORTAGE CONTINGENCY PLAN The California Urban Water Management Planning Act requires the City to develop and adopt a Water Shortage Contingency Plan as part of the Urban Water Management Plan update process. The plan establishes the City's response framework for water shortages and drought conditions, demand reduction actions, water use restrictions, and operational responses necessary to maintain water supply reliability. Recommendation: Recommend the City Council: 1. Conduct a public hearing for the 2025 Water Shortage Contingency Plan; and 2. Adopt Resolution No. 26-33 approving the City's 2025 Water Shortage Contingency Plan. RESOLUTION NO. 26-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE 2025 WATER SHORTAGE CONTINGENCY PLAN Fiscal Impact: Sufficient funds were appropriated in the 2025-26 Water Enterprise Operating Budget to complete the 2025 Water Shortage Contingency Plan. There are no additional fiscal impacts associated with plan adoption. 13. ADOPTION OF 2025 URBAN WATER MANAGEMENT PLAN California Water Code requires Urban Water Management Plans be prepared by urban water suppliers every five years. This plan supports the City's long-term water resource planning to ensure that adequate supplies are available to meet existing and future water demands. Recommendation: Recommend the City Council: 1. Conduct a public hearing for the 2025 Urban Water Management Plan; and 2. Adopt Resolution No. 26-34 approving the 2025 Urban Water Management Plan. RESOLUTION NO. 26-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE 2025 URBAN WATER MANAGEMENT PLAN Fiscal Impact: Sufficient funds were appropriated in the 2025-26 Water Enterprise Operating Budget to complete the 2025 Urban Water Management Plan. There are no additional fiscal impacts associated with plan adoption. City Council June 16, 2026 Meeting Agenda Page 9 of 11 14. TENTATIVE PARCEL MAP 2022-161/SUBDIVISION 2026-0002 TO SUBDIVIDE ONE EXISTING 4.43 ACRE PARCEL (1421, 1451 AND 1481 EDINGER AVENUE) INTO TWO PARCELS AND SPECIFIC PLAN AMENDMENT 2025-0004 TO AMEND THE PACIFIC CENTER EAST SPECIFIC PLAN ALIGNING THE BOUNDARY LINES OF PLANNING AREAS 3 AND 4 The applicant, Rob Guthrie of Guthrie Edinger LLC, requests approval of Tentative Parcel Map 2022-161/Subdivision 2026-0002 to subdivide the existing parcel into two parcels, and approval of Specific Plan Amendment 2025-0004, which amends the Pacific Center East Specific Plan planning area/land use boundaries to align with the property line created through the subdivision located at 1421, 1451 and 1481 Edinger Avenue. Recommendation: Recommend the City Council adopt Resolution No. 26-31 approving Tentative Parcel Map 2022-161/Subdivision 2026-0002 and introduce and have first reading by title only of Ordinance No. 1577 adopting Specific Plan Amendment 2025-0004, to align the planning area/land use boundaries with the property line created through the subdivision along with other minor text and graphic edits; and set the second reading of the ordinance for the next City Council meeting. RESOLUTION NO. 26-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2022-161/SUBDIVISION 2026-0002 TO SUBDIVIDE ONE EXISTING 4.43-ACRE PARCEL INTO TWO PARCELS (1421, 1451 AND 1481 EDINGER AVENUE) ORDINANCE NO. 1577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 2025-0004 TO AMEND THE PLANNING LAND USE DESIGNATION BOUNDARIES BETWEEN PLANNING AREA THREE AND PLANNING AREA FOUR OF THE PACIFIC CENTER EAST SPECIFIC PLAN TO ALIGN WITH THE PROPERTY LINE CREATED THROUGH TENTATIVE PARCEL MAP 2022-161/SUBDIVISION 2026- 0002 LOCATED AT 1421, 1451 AND 1481 EDINGER AVENUE (ASSESSOR PARCEL NUMBERS 430-263-10 AND 430-263-11) Fiscal Impact: There is no fiscal impact associated with this item. REGULAR BUSINESS ITEM 15 15. AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT WITH CITY MANAGER Approval of the attached Amendment will modify the Employment Agreement and compensation of the City Manager in accordance with City Council direction. Recommendation: Approve Amendment No. 2 to Employment Agreement with Aldo E. Schindler in the form attached hereto as Attachment 1. City Council June 16, 2026 Meeting Agenda Page 10 of 11 Fiscal Impact: The proposed Amendment would result in an additional cost to the City of approximately $29,189.56 per year. 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, July 7, 2026, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council June 16, 2026 Meeting Agenda Page 11 of 11