Tustin
| Date | Item Type | Item | Description | Info Location | County | City | Meeting Type | id |
|---|---|---|---|---|---|---|---|---|
| March 18, 2025 | Closed Session Item | 1 | 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) | March 18, 2025 Closed Session Item # 1 | Orange County | Tustin | City Council | 67d894f84342e843e69e5106 |
| March 18, 2025 | Closed Session Item | 10 | 10. 2024 ANNUAL REPORT ON THE IMPLEMENTATION OF THE GENERAL PLAN AND HOUSING ELEMENT The California Government Code requires the City Council to annually review the City’s progress in implementing the Tustin General Plan, with specific emphasis on the Housing Element. This includes the progress in meeting Tustin’s share of regional housing needs, and Tustin’s efforts to remove barriers that restrict housing development, maintenance, and improvement. With Council authorization, staff will forward the General Plan Annual Report and Housing Element Progress Report to the California Department of Housing and Community Development and Governor’s Office of Land Use and Climate Innovation, as required by the California Government Code. Recommendation: That the City Council receive and file the General Plan Annual Report and the Housing Element Progress Report, and authorize staff to submit it to the Governor's Office of Land Use and Climate Innovation and California Department of Housing and Community Development. Fiscal Impact: There is no fiscal impact associated with this item. | March 18, 2025 Closed Session Item # 10 | Orange County | Tustin | City Council | 67d894f84342e843e69e50fd |
| March 18, 2025 | Closed Session Item | 11 | 11. 2024 TUSTIN LEGACY SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM ANNUAL REPORT The City Council annually reviews its progress in mitigating environmental impacts associated with the development of the former Marine Corps Air Station Tustin, which is currently undergoing redevelopment in accordance with the Tustin Legacy Specific Plan. This annual review is based on documents prepared pursuant to the California Environmental Quality Act, including the Program Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of Marine Corps Air Station Tustin, subsequent Supplementals and Addendums to the Environmental Impact Reports, and their Mitigation Monitoring and Reporting Programs. Recommendation: That the City Council receive and file the Tustin Legacy Annual Mitigation Monitoring Status Report. Fiscal Impact: There is no fiscal impact associated with this item. | March 18, 2025 Closed Session Item # 11 | Orange County | Tustin | City Council | 67d894f84342e843e69e50fc |
| March 18, 2025 | Closed Session Item | 12 | 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1563 - COMMISSION APPOINTMENT PROCESS California law provides that an elected Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Adoption of Ordinance No. 1563 conforms the provisions in the Tustin City Code regarding appointments to the City commissions to the requirements of State law. Recommendation: That the City Council have second reading by title only and 3/14/25, 1:49 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-6:00 pm adoption of Ordinance No. 1563. ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, COMMISSION APPOINTMENT PROCESS IN THE TUSTIN CITY CODE Fiscal Impact: There is no fiscal impact associated with this item. | March 18, 2025 Closed Session Item # 12 | Orange County | Tustin | City Council | 67d894f84342e843e69e50fe |
| March 18, 2025 | Closed Session Item | 13 | 13. SELECTION OF A COMMERCIAL REAL ESTATE BROKER FOR MARKETING AND SOLICITATION SERVICES FOR PLANNING AREA 10 OF THE PACIFIC CENTER EAST SPECIFIC PLAN Request for selection of a commercial real estate broker to provide marketing and solicitation services for Planning Area 10 of the Pacific Center East Specific Plan comprised of approximately 11 acres of City-owned real property. Recommendation: Authorize the City Manager to negotiate and execute a Listing Agreement with Jones Lang LaSalle IP, Inc. (JLL), subject to non- substantive 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 commercial real estate broker is paid by the buyer or lessee at close of escrow on a land sale or execution of a ground lease. However, the following tiered commission structure has been negotiated with the recommended broker, JLL, which is consistent with industry standards. 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 Lease: 4.0% of the total lease payments for Years 1-5 2.0% of the total lease payments for Years 6-10 *Commission to be capped at first 10 years of ground lease payments. | March 18, 2025 Closed Session Item # 13 | Orange County | Tustin | City Council | 67d894f84342e843e69e50ff |
| March 18, 2025 | Closed Session Item | 2 | 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code ? 54956.9(d)(4): (2 cases) | March 18, 2025 Closed Session Item # 2 | Orange County | Tustin | City Council | 67d894f84342e843e69e5104 |
| March 18, 2025 | Closed Session Item | 3 | 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 | March 18, 2025 Closed Session Item # 3 | Orange County | Tustin | City Council | 67d894f84342e843e69e5105 |
| March 18, 2025 | Closed Session Item | 4 | 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8] (1 case) A. Property Address/Description: APN: 430-481-02, 430-481-03, 430- 481-04, 430-481-05 Agency: City of Tustin City Negotiators: Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager/Real Property; Ryan Swiontek, 3/14/25, 1:49 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-6:00 pm Deputy Director of Real Property; Kenneth Piguee, Real Property Manager Negotiating Parties: Irvine Company Under Negotiation: Price and Terms of Payment | March 18, 2025 Closed Session Item # 4 | Orange County | Tustin | City Council | 67d894f84342e843e69e5100 |
| March 18, 2025 | Closed Session Item | 5 | 5. LABOR NEGOTIATIONS - [Government Code § 54957.6]: Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Management Association (TPMA) | March 18, 2025 Closed Session Item # 5 | Orange County | Tustin | City Council | 67d894f84342e843e69e5101 |
| March 18, 2025 | Closed Session Item | 6 | 6. DISPOSITION AND DEVELOPMENT AGREEMENT WITH TUSTIN LEGACY ACQUISITION LLC (IRVINE COMPANY) FOR PORTIONS OF DISPOSITION AREAS 2B, 2C AND 8 AT TUSTIN LEGACY Request for authorization to approve the Disposition and Development Agreement (DDA) between Tustin Legacy Acquisition LLC (Irvine Company) and the City for the development of a residential apartment community consisting of 1,336 rental units on approximately 19.4 acres with a total of 25% of the residential units affordable to lower income households. The DDA specifies the terms and conditions under which the City owned property, known as portions of Disposition Areas 2B, 2C and 8, and bounded by Warner Avenue, Legacy Road, Tustin Ranch Road and Compass Avenue in Planning Areas 13 and 14 of Tustin Legacy, will be conveyed to and developed by Tustin Legacy Acquisition LLC. The purpose of the DDA is to implement the Reuse Plan for Marine Corps Air Station Tustin (MCAS Tustin) and the Specific Plan for Tustin Legacy through the development and maintenance of the property. Recommendation: 1. Authorize the City Manager to execute the DDA between Tustin Legacy Acquisition LLC and the City in the form attached hereto subject to any non-substantive modifications as may be recommended by the City's special real estate counsel or the City Attorney; and 2. Authorize the City Manager to take all actions and execute all other agreements necessary or appropriate to implement the DDA. Fiscal Impact: The property will be disposed of in a single takedown for a purchase price of $42,100,000.00. In addition to the purchase price, Tustin Legacy Acquisition LLC will also pay to the City a Project Fair Share Contribution of $9,584,714.53 to fund backbone infrastructure improvements at Tustin Legacy. A brokerage commission of 1% of the purchase price will be paid by Tustin Legacy Acquisition LLC to the City's broker, CBRE, at the close of escrow. Upon execution of the DDA, Tustin Legacy Acquisition LLC will submit a $5,000,000.00 good faith deposit into escrow, which will be applicable towards the purchase price at the close of escrow. The Tustin Unified School District (TUSD) created Community Facilities District (CFD) 15-2 for portions of Tustin Legacy to fund new facilities such as the new middle school and high school (Legacy Magnet Academy). The source of funds for constructing facilities are: 1) statutory and development fees collected when building permits are issued and 2) Community Facilities District fees collected on a project-by-project basis either at the time of conveyance to a developer or assessed to the property owners in the form of bonds. The transaction has been structured to allow the developer/owner to assume the obligation of paying special taxes associated with bonding under CFD 15-2; however, the City maintains the option, in its sole discretion, to make a prepayment of an agreed upon sum at the close of escrow to release the lien of CFD 15-2 on the subject property. Negotiation costs, such as legal, third-party consultants and staff costs incurred by the City are reimbursed by Tustin Legacy Acquisition LLC in accordance with the Exclusive Negotiation Agreement (ENA). Upon execution of the DDA, Tustin Legacy Acquisition LLC shall submit an additional City Costs Deposit to bring the deposit account balance up to $50,000.00 to pay for the City's staff costs and third-party out-of- pocket expenses incurred by the City in implementing the DDA through issuance of a final Certificate of Compliance or in the event the DDA is terminated prior to conveyance. Tustin Legacy Acquisition LLC shall replenish the City Costs Deposit as needed to cover all of the City's Transaction Expenses. This project will be annexed into a future Zone 3 of the City Community Facilities District 18-01 prior to close of escrow, which has been established to cover service costs at Tustin Legacy (police and fire; recreation program services; maintenance of parks, streets, sidewalks and drainage facilities) due to the discrepancy in property tax revenue (3% of the basic levy (1.0%) at Tustin Legacy versus approximately 10.5% City-wide). The Rate and Method of Apportionment specific to this project will require City Council consideration and approval at a later date. The negotiated rate attributable to market rate apartments will be $1,364.28 per dwelling unit with affordable dwelling units exempted. The rate will escalate annually based on a specific Consumer Price Index with a minimum annual escalation of 2% and a maximum of 3%. | March 18, 2025 Closed Session Item # 6 | Orange County | Tustin | City Council | 67d894f84342e843e69e5103 |
| March 18, 2025 | Closed Session Item | 7 | 7. 2023-2024 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT The City of Tustin is certified by the State of California to carry out the National Historic Preservation Act of 1966. As a Certified Local Government (CLG), the City is required to submit to the California State Office of Historic Preservation an annual report reflecting the participation and qualifications of the City’s Commissioners and information related to historic preservation actions, activities, and programs. The City of Tustin’s 2023-2024 Certified Local Government Annual Report (Attachment 1) reflects a reporting period of October 1, 2023, through September 30, 2024. Recommendation: That the City Council: *Receive and file the 2023-2024 CLG Annual Report; and * Direct staff to forward the Annual Report to the State Office of Historic Preservation. Fiscal Impact: All activities completed during this reporting period received City Council approval and budget appropriation. | March 18, 2025 Closed Session Item # 7 | Orange County | Tustin | City Council | 67d894f84342e843e69e5102 |
| March 18, 2025 | Closed Session Item | 8 | 8. 2024 HISTORIC AND CULTURAL RESOURCES ADVISOR ANNUAL REPORT AND 2025 HISTORIC AND CULTURAL RESOURCES ADVISOR WORK PROGRAM This report provides the City Council with the required annual report summarizing the accomplishments and actions taken by the Planning Commission, acting as the Historic and Cultural Resources Advisor, during the 2024 calendar year and the establishment of the 2025 annual work program. Recommendation: That the City Council receive and file the 2024 accomplishments shown in this report and the 2025 Historic and Cultural Resources Advisor Work Program, as described in Attachment C. Fiscal Impact: All activities completed during the 2024 calendar year received City Council approval and budget appropriation. | March 18, 2025 Closed Session Item # 8 | Orange County | Tustin | City Council | 67d894f84342e843e69e5107 |
| March 18, 2025 | Closed Session Item | 9 | 9. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED 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. At a special meeting of the City Council on January 9, 2024, and at its regular meetings on March 5, 2024, April 16. 2024, June 4, 2024, June 18, 2024, July 16, 2024, August 20, 2024, October 15, 2024, December 3, 2024, and January 21, 2025, the Council reviewed and determined the need to continue the local emergency. This item recommends that the City Council once again review and determine that the need exists to continue the local emergency, as required by State law. Recommendation: It is recommended that the City Council adopt Resolution 25- 19 determining the need exists to continue the local emergency related to the fire and release of chemicals of public health concern from the Navy's North Hangar, in the form attached hereto as Attachment 2. RESOLUTION 25-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RELATED TO FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH HANGAR. Fiscal Impact: There is no direct impact from a determination that a local emergency continues to exist. However, the proclamation of emergency may aid the City in qualifying for emergency assistance from Federal, State and local agencies in unknown amounts. | March 18, 2025 Closed Session Item # 9 | Orange County | Tustin | City Council | 67d894f84342e843e69e5108 |