HomeMy WebLinkAbout00 CC AGENDA 8.5.25CITY OF TUSTIN MEETING AUGUST 5, 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 August 5, 2025
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When prompted use the below Meeting ID and Passcode:
Meeting ID: 940 8640 1921
Passcode: 600222
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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
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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 August 5, 2025
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CLOSED SESSION MEETING OF THE CITY COUNCIL
4:30 P.M.
CALL TO ORDER — #3082
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 LABOR NEGOTIATOR [Cal. Gov't Code section 54957.6.]
Agency designated representative: Mayor Austin Lumbard
Unrepresented employee: City Manager
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REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #3082
INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Fink
PRESENTATION — Recognition of Director of Community Development Justina Willkom
for Years of Service to the Tustin Community.
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 1-10)
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 JULY 15, 2025.
Recommendation: That the City Council approve the Action Minutes of the City
Council Meeting held on July 15, 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 $1,141,422.62 and $1,265,562.61 and Demands in the amount of
$13,791,083.93.
4. 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, January 21, 2025, March 18, 2025,
May 6, 2025, and June 17, 2025, the City 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 25-57
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 25-57
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.
5. APPROVE CONSULTANT SERVICES AGREEMENT FOR STORM DRAIN
MASTER PLAN
Staff is recommending the City Council approve a Consultant Services Agreement
with Rick Engineering Company to prepare a Storm Drain Master Plan for the City of
Tustin. The agreement will enable the City to evaluate the current condition and
capacity of the storm drain infrastructure, identify system deficiencies, and develop
a prioritized, fundable Capital Improvement Program.
Recommendation: It is recommended that the City Council:
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1. Approve the Consultant Services Agreement with Rick Engineering Company
to prepare a Storm Drain Master Plan and authorize the City Manager to
execute the Agreement on behalf of the City; and
2. Authorize the City Manager to approve an amendment to the agreement of up
to ten percent (10%) of the negotiated fee, to address any unforeseen change
in the scope of work that is determined necessary to complete the planning
process.
Fiscal Impact: The Fiscal Year 2025-2026 Capital Improvement Program Budget
has allocated $500,000 from Gas Tax (Fund 130) for this project. The proposed
Consultant Services Agreement (Attachment 1) with Rick Engineering Company
includes a not -to -exceed total compensation amount of $449,700.00, unless the City
Manager amends the agreement in accordance with Recommendation 2 above. As
such, sufficient funds exist for the recommended actions.
6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT
FOR BIDS FOR THE ARMSTRONG AVENUE PEDESTRIAN BRIDGE AND
TUSTIN LEGACY NEIGHBORHOOD D SOUTH PHASE 2 — PACKAGE 2
PROJECTS
The plans and specifications for the Armstrong Avenue Pedestrian Bridge Project
and the Neighborhood D South Phase 2 — Package 2 Project have been completed,
and the projects are now ready for bid. Staff recommends that both projects be bid
together as one package to improve economies of scale with overlapping trades and
assist with the overall project schedule and coordination. Construction is anticipated
to begin in January 2026, with completion estimated in Spring 2027.
Recommendation: It is recommended that the City Council:
Adopt Resolution No. 25-55 approving the plans and specifications for the
Armstrong Avenue Pedestrian Bridge Project and the Neighborhood D South
Phase 2 — Package 2 Project; and
2. Authorize the City Clerk to advertise to receive bids.
RESOLUTION NO. 25-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS FOR THE ARMSTRONG AVENUE
PEDESTRIAN BRIDGE PROJECT, CIP NO. 70257 AND THE NEIGHBORHOOD D
SOUTH PHASE 2 — PACKAGE 2 PROJECT, CIP NO. 70256 AND AUTHORIZING
ADVERTISEMENT FOR BIDS
Fiscal Impact: The engineer's estimates for the Armstrong Avenue Pedestrian
Bridge and Neighborhood D South Phase 2 — Package 2 projects are $6,200,000
and $3,000,000, respectively. The approved Fiscal Year 2025-2027 Budget includes
funding in the amount of $6,253,700 for the Armstrong Avenue Pedestrian Bridge
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Project and $3,085,000 for the Neighborhood D South Phase 2 — Package 2 Project.
As the bids are received and verified, staff will bring back a recommendation to award
a contract.
7. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE
SOUTH HANGAR VINYL FENCE PROJECT
Construction of the South Hangar Vinyl Fence 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. 25-56 accepting the improvement of the South Hangar
Vinyl Fence Project, Capital Improvement Project No. 10076; and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 25-56
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 SOUTH
HANGAR VINYL FENCE PROJECT, (CIP NO. 10076)
Fiscal Impact: The authorized contract amount was $1,428,376.00. The final
construction costs are $1,417,465.55, reflecting a reduction in scope and the
incorporation of project change orders. The scope reduction primarily involved the
elimination of a portion of the razor wire as the project alignment moved closer to the
hangar. The approved change orders included the addition of improvements along
one side of Moffett Drive, the provision of attic stock, and modifications to the gates
for entry points.
8. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDED JUNE 30, 2025
Government Code Section 53646 requires that the Treasurer make an Investment
Report to the City Council at least quarterly showing balances by authorized
investment and certifying its compliance with the adopted Investment Policy.
Recommendation: Receive and file.
Fiscal Impact: There is no fiscal impact associated with this item.
9. APPROVAL OF MICROSOFT ENTERPRISE AGREEMENT RENEWAL 2025-2028
The City currently has a Microsoft Enterprise Agreement for organization -wide
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licensing of Microsoft solutions such as Office 365, Azure (a cloud computing
platform for application and service management), Windows operating system, and
other Microsoft applications. The current agreement expires in August 2025. Staff
recommends that the agreement be renewed for a three-year term through August
2028.
Recommendation: It is recommended that the City Council authorize the City
Manager or designee to execute the three-year agreement at the stated amount with
up to 10% contingency through SoftChoice Corporation, a Microsoft Licensing
Solutions Provider.
Fiscal Impact: The annual cost of the Microsoft Enterprise Agreement is $207,000.
Sufficient budget has been appropriated in the Fiscal Year 2025-2026 Information
Technology Fund to support year one of the agreement. Costs for subsequent years
will be incorporated in future budget for the City Council's consideration.
10. CITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A
COMPETITIVE OFFERING FOR APPROXIMATELY 24 ACRES OF CITY -OWNED
REAL PROPERTY WITHIN NEIGHBORHOOD D OF THE TUSTIN LEGACY
SPECIFIC PLAN
Staff is requesting City Council consideration and approval to release a competitive
offering for approximately 24 acres of City -owned real property within Neighborhood
D (Planning Areas 13-14) of the Tustin Legacy Specific Plan pursuant to the City
Council Resolution 25-10.
Recommendation: It is recommended that the City Council take the following
actions:
1. Authorize staff to release a competitive offering for approximately 24 acres of
City -owned real property within Neighborhood D (Planning Areas 13-14) of the
Tustin Legacy Specific Plan pursuant to City Council Resolution 25-10; and
2. Authorize the City Manager to continue and/or enter into temporary leases
and licenses prior to final disposition.
Fiscal Impact: There is no fiscal impact associated with this item.
PUBLIC HEARING ITEMS 11-12
11. 2025 PUBLIC HEALTH GOAL REPORT
The California Health and Safety Code requires public water systems serving more
than 10,000 service connections to prepare a Public Health Goal report every three
years and conduct a public hearing to provide information to consumers on water
quality. For the 2022-2024 reporting period, the City's drinking water quality complied
with all state and federal drinking water standards.
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Recommendation: It is recommended that the City Council:
1. Conduct a public hearing to receive comments and input related to the 2025
Public Health Goal Report; and
2. Approve the 2025 Public Health Goal Report at the conclusion of the public
hearing.
Fiscal Impact: Sufficient funds were appropriated in the Water Enterprise Operating
Budget to complete this report.
12. INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1570 APPROVING
TUSTIN POLICE DEPARTMENT POLICY 706 — MILITARY EQUIPMENT USE
POLICY
Assembly Bill 481 requires the Tustin Police Department to seek City Council
approval by ordinance for the funding, acquisition, and use of equipment defined by
the law as "military equipment." This report outlines staff's work in complying with the
new law and recommends the introduction of an ordinance approving the
Department's continued utilization of this equipment and a policy governing the
Department's use of the equipment outlined in Tustin Police Department Policy 706
— Military Equipment Use Policy.
Recommendation: Introduce Ordinance No. 1570 (Attachment 1) approving Tustin
Police Department Policy 706 — Military Use Equipment Policy, in compliance with
Assembly Bill 481 by reading of the title only and waive further reading.
ORDINANCE NO. 1570
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT
POLICY 706, MILITARY EQUIPMENT POLICY, IN COMPLIANCE WITH
CALIFORNIA ASSEMBLY BILL 481 (AB 481)
Fiscal Impact: The estimated annual cost for the use and maintenance of military
equipment in the Tustin Police Department's current inventory, as well as any military
equipment anticipated for acquisition in the upcoming year, is outlined within Policy
706 under each specific equipment category. Funding for existing equipment has
already been appropriated as part of the current adopted budget. Any future
acquisition of new military equipment will be evaluated and incorporated into
subsequent annual budgets for City Council review and consideration.
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 19, 2025, for the
Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:00 p.m.
City Council August 5, 2025
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