HomeMy WebLinkAbout00 CC AGENDA 7.15.25CITY OF TUSTIN MEETING JULY 15, 2025
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
f COUNCIL CHAMBER
VIDEO CONFERENCE
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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
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1. PARTICIPATING DURING A MEETING
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Meeting ID: 940 8640 1921
Passcode: 600222
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City Council July 15, 2025
Meeting Agenda Page 1 of 9
When prompted use the below Meeting ID and Passcode:
Meeting ID: 940 8640 1921
Passcode: 600222
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select the agenda item.
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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.
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Meeting Agenda Page 2 of 9
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
5:00 P.M.
CALL TO ORDER — #3081
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 LEGAL COUNSEL - EXISTING LITIGATION pursuant to
Government Code § 54956.9(a): (1 case)
Felix Gonzalez, et al. v. City of Tustin, et al., Case No. 30-2023-01352010-CU-PO-
NJC
6. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government
Code § 54957(b)(1)]
Title: City Manager
City Council July 15, 2025
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REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #3081
INVOCATION - Fr. Michael T. Khong, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Council Member Ryan Gallagher
PRESENTATION - Parks Make Life Better Month
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 SPECIAL MEETING AND THE REGULAR
MEETING OF THE CITY COUNCIL HELD ON JUNE 17, 2025.
Recommendation: That the City Council approve the Action Minutes of the City
Council Meeting held on June 17, 2025.
3. RATIFICATION OF PAYROLL AND DEMANDS
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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 $2,258,397.55 and Demands in the amount of $6,356,454.31.
4. ORDER THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN
LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025
The Tustin Landscape and Lighting District provides funding for the maintenance of
perimeter landscaping on the 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. Resolution No. 25-54 orders the preparation of the Engineer's Report
for the Tustin Landscape and Lighting Reassessment District 2025, which, if
supported, would become effective Fiscal Year 2026-2027.
Recommendation: It is recommended that the City Council adopt Resolution No.
25-54 ordering the preparation of the Engineer's Report for the Tustin Landscape
and Lighting Reassessment District 2025.
RESOLUTION NO. 25-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
INITIATING PROCEEDINGS FOR THE FORMATION OF THE TUSTIN
LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025
Fiscal Impact: Sufficient funds are budgeted and appropriated in the Tustin
Landscape and Lighting District Fund for this work. Additionally, the costs for
operating and maintaining the public infrastructure are offset through the levy of the
annual assessments.
5. NOTICE OF COMPLETION FOR THE COUNCIL CHAMBER / COMMUNITY
CENTER ROOF REPLACEMENT PROJECT
Construction for the Council Chamber / Community Center Roof Replacement
Project has been completed to the satisfaction of the City Engineer and is now ready
for City Council acceptance.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 25-51 accepting the Council Chamber/Community
Center Roof Replacement Project; and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the County Recorder's Office.
RESOLUTION NO. 25-51
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING
THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE COUNCIL
CHAMBER/COMMUNITY CENTER ROOF REPLACEMENT PROJECT (CIP NO.
10032)
Fiscal Impact: The authorized contract amount was $786,786.00. The final
construction costs are $763,147.00, including a reduction in materials and associated
freight and project change orders.
6. AWARD OF CONTRACT FOR THE CONSTRUCTION OF TUSTIN SPORTS PARK
TURF RENOVATION FIELD #3
Staff is requesting City Council consent to the withdrawal of the bid of the lowest
responsive/responsible bidder; and award a construction contract to the next lowest
responsive/responsible bidder for the Tustin Sports Park Turf Renovation Field #3.
Recommendation: It is recommended that the City Council:
1. Consent to the withdrawal of the bid of the lowest responsive/responsible
bidder, Empire Design & Build; and
2. Award the construction contract to Elegant Construction, Inc., the next lowest
responsive/responsible bidder, in the amount of $433,975.25, for the Tustin
Sports Park Renovation Field #3 project and authorize the Mayor and the City
Clerk to execute the contract documents on behalf of the City; and
3. Authorize the remaining project budgeted appropriation in excess of ten
percent (10%) above the contract amount as additional contingency for
potential unforeseen conditions.
Fiscal Impact: The FY 2025/2026 Capital Improvement Program budget includes an
appropriation of $664,079 allocated from the Park Development Fund for the
construction of the project.
Project expenditures include:
Construction Contract...........................................................$433,975.25
Deputy Inspection and Materials Testing....................................$5,4675.00
Estimated Expenditures......................................................$439,450.25
7. APPROVE CROSS -CONNECTION CONTROL AGREEMENT WITH THE IRVINE
RANCH WATER DISTRICT
The Irvine Ranch Water District has provided Cross -Connection Control services for
the Tustin Water Services since 1999. Recent changes to the statewide cross -
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connection standards require an updated agreement between the City and Irvine
Ranch Water District to comply with state regulations.
Recommendation: It is recommended that the City Council:
1. Approve the Cross -Connection Control Agreement between Irvine Ranch
Water District and the City of Tustin and authorize the Public Works Director
to execute the agreement on behalf of the City; and
2. Appropriate $70,000 from Water Enterprise Fund 300 for additional services
as outlined in the agreement.
Fiscal Impact: Staff worked closely with the Irvine Ranch Water District in
developing the proposed Cross -Connection Control Agreement (Attachment No. 1)
to comply with new statewide cross -connection standards and reflect the level of
service outlined in Tustin's Cross -Connection Control Management Plan (Attachment
No. 2).
The Tustin Cross -Connection Control Management Plan was submitted to the State
Water Resources Control Board on June 30, 2025. The anticipated annual cost to
implement this updated program will increase from $30,000 to $100,000. To fully fund
this program, staff is requesting that the City Council appropriate $70,000 for Fiscal
Year 2025-26. Moving forward, funding will be requested during the City's annual
budget process.
8. APPROVAL OF IT END USER SUPPORT SERVICES CONTRACT
The City's IT Division is responsible for citywide Information Technology (IT) network,
devices, and end user (help desk) support services. The increasing volume of end
user support requests has required substantial attention from the IT team, diverting
their focus from crucial infrastructure management tasks. To address this challenge,
an End User Support Contract which provides dedicated services is recommended
to manage and resolve these requests efficiently.
Recommendation: It is recommended that the City Council authorize the City
Manager or designee to execute a contract with 360S2G and subsequent
amendments for up to 10% contingency when necessary for IT End User Support
Services.
Fiscal Impact: The annual cost of IT End User Support Services is $210,000 for up
to 2,100 service hours. Sufficient budget has been appropriated in the Fiscal Year
2025-2026 Information Technology Fund. Contract cost for future years will be
incorporated in future budget for the City Council's consideration.
9. RESOLUTION ESTABLISHING AN ALTERNATIVE LOCATION AND TIME FOR
THE AUGUST 19, 2025, REGULAR MEETING OF THE CITY COUNCIL
The City Council plans to convene as the Federally -designated Local Reuse
Authority for the Former Marine Corps Air Station, Tustin on August 19, 2025. To
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encourage nearby residents, businesses and local agencies to participate and
engage in that meeting, proposed Resolution 25-42 would change the location and
the times of the City Council's meeting on that day to the following location and times:
Location: Assembly Conference Room at 1715 Flight Way, Tustin, CA
Date: August 19, 2025
Time: Closed Session: 4:30 p.m.
Open Session: 5:00 p.m.
Recommendation: It is recommended that the City Council adopt attached
Resolution 25-42 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ESTABLISHING AN ALTERNATIVE LOCATION AND
TIMES FOR THE AUGUST 19, 2025, REGULAR MEETING OF THE TUSTIN CITY
COUNCIL, AND THE TUSTIN CITY COUNCIL ACTING AS THE FEDERALLY
DESIGNATED LOCAL REUSE AUTHORITY FOR FORMER MARINE CORPS AIR
STATION TUSTIN.
Fiscal Impact: There is no direct fiscal impact from changing the location and time
of the City Council's Regular Meeting on August 19, 2025.
10. SELECTION OF A REAL ESTATE BROKER FOR MARKETING AND
SOLICITATION SERVICES FOR APPROXIMATELY 21 ACRES OF CITY -OWNED
PROPERTY WITHIN NEIGHBORHOOD E OF THE TUSTIN LEGACY SPECIFIC
PLAN
Request for selection of a real estate broker to provide marketing and solicitation
services for approximately 21 acres of City -owned real property within Neighborhood
E (Planning Areas 9-12) of the Tustin Legacy Specific Plan.
Recommendation: Authorize the City Manager to negotiate and execute a Listing
Agreement with Cushman & Wakefield, 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 at close of escrow on a land sale or
execution of a ground lease. The City and Cushman & Wakefield have negotiated
the following commission:
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:
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3.0% of the total lease payments for Years 1-10
*Commission to be capped at first 10 years of ground lease payments.
The final compensation amount to be paid will depend on the success of a future
conveyance. It is undetermined at this time whether conveyance will occur under a
sale or ground lease.
11. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE MAIN STREET AND OLD TOWN IMPROVEMENTS
PROJECTS
The plans and specifications for the Main Street Improvements Project and the Old
Town Improvements Project have been completed, and the projects are now ready
for bid. Construction is anticipated to begin in November 2025, with completion
estimated in Summer 2026.
Recommendation: It is recommended that the City Council adopt Resolution No.
25-15 approving the plans and specifications for the Main Street Improvements
Project and the Old Town Improvements Project and authorize the City Clerk to
advertise to receive bids.
Fiscal Impact: The City Council approved the Fiscal Year 2025-2026 Capital
Improvement Program on June 3, 2025, which 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. The engineer's estimates are $6,820,000 for the Main
Street Improvements Project and $4,370,000 for the Old Town Improvements
Project. As the bids are received and verified, staff will bring back a recommendation
to award a contract, and if necessary appropriate additional funding from Measure
M2 and Gas Tax funds to complete the projects.
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, August 5, 2025, for the
Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
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