HomeMy WebLinkAboutCC MINUTES 7.15.25Docusign Envelope ID: E9532396-BE77-400B-98BA-04E848861624
CITY OF TUSTIN MEETING JULY 15, 2025
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
0 COUNCIL CHAMBER
VIDEO CONFERENCE
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. Kendia. Citv Attorney 11
MINUTES OF THE SPECIAL CLOSED SESSION
MEETING OF THE CITY COUNCIL
5:00 P.M.
CALL TO ORDER — #3081 at 5:00 p.m.
ROLL CALL — City Clerk Erica N. Yasuda noted for the record that all members were
present.
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The City Council convened
to discuss Items 5 and 6 as they appear on the Closed Session Agenda.
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
City Council July 15, 2025
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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
Recessed at 5:00 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #3081 at 6:00 p.m.
INVOCATION - Fr. Michael T. Khong, St. Cecilia Church
PLEDGE OF ALLEGIANCE — Council Member Ryan Gallagher
PRESENTATION — On behalf of the City Council, Council Member Fink presented a
Proclamation to the Community Services Commission in recognition of Parks Make Life
Better Month.
PUBLIC INPUT — None
CLOSED SESSION REPORT — City Attorney David E. Kendig: Regarding Item No. 5,
Council unanimously authorized a settlement agreement. The specifics of which will be
disclosed publicly upon request once the settlement is finalized by the parties. Other than
that, there was no reportable action.
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CONSENT CALENDAR ITEMS 1-11 -
Council Member Schnell requested to pull Item No. 4
Mayor Pro Tern Nielsen requested to pull Item No. 7
Council Member Fink requested to pull Items 6 and 11.
PUBLIC INPUT FOR THE BALANCE OF THE CONSENT CALENDAR — None
It was moved by Council Member Schnell and seconded by Council Member Gallagher to
pull Items 4, 6, 7, and 11 and approve the balance as recommended by staff.
Roll Call Vote — City Clerk
Motion carried: 5-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: The City Council waived reading in full of all ordinances and resolutions on
the agenda and declared 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.
Motion: The City Council approved the Action Minutes of the City Council Meeting
held on June 17, 2025.
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.
Motion: The City Council approved 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
Council Member Schnell recused himself due to a potential conflict of interest and
left the dais.
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
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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.
Public Input — None
It was moved by Council Member Gallagher and seconded by Council Member Fink
that the City Council adopted Resolution No. 25-54 ordering the preparation of the
Engineer's Report for the Tustin Landscape and Lighting Reassessment District
2025.
Roll Call Vote — City Clerk
Motion carried: 4-0
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 were 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.
Council Member Schnell returned to the dais.
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.
Motion: The City Council:
1. Adopted Resolution No. 25-51 accepting the Council Chamber/Community
Center Roof Replacement Project; and
2. Authorized the City Engineer to execute and file the Notice of Completion with
the County Recorder's Office.
RESOLUTION NO. 25-51
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
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CHAMBER/COMMUNITY CENTER ROOF REPLACEMENT PROJECT (CIP NO.
10032)
Fiscal Impact: The authorized contract amount was $786,786.00. The final
construction costs were $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.
Public Input — None
It was moved by Council Member Fink to approve staff's recommendation with an
amendment to direct staff to have a formal tracking of bidders. The motion did not
receive a second.
It was moved by Council Member Gallagher and seconded by Council Member
Schnell that the City Council:
1. Consented to the withdrawal of the bid of the lowest responsive/responsible
bidder, Empire Design & Build; and
2. Awarded 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 authorized the Mayor and
the City Clerk to execute the contract documents on behalf of the City; and
3. Authorized the remaining project budgeted appropriation in excess of ten
percent (10%) above the contract amount as additional contingency for
potential unforeseen conditions.
Roll Call Vote — City Clerk
Motion carried: 4-1 (Council Member Fink dissented)
Fiscal Impact: The FY 2025/2026 Capital Improvement Program budget included
an appropriation of $664,079 allocated from the Park Development Fund for the
construction of the project.
Project expenditures included:
Construction Contract...........................................................$433,975.25
Deputy Inspection and Materials Testing....................................$5,4675.00
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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 -
connection standards require an updated agreement between the City and Irvine
Ranch Water District to comply with state regulations.
Public Input - None
It was moved by Mayor Pro Tem Nielsen and seconded by Mayor Lumbard that the
City Council:
1. Approved the Cross -Connection Control Agreement between Irvine Ranch
Water District and the City of Tustin and authorized the Public Works Director
to execute the agreement on behalf of the City; and
2. Appropriated $70,000 from Water Enterprise Fund 300 for additional services
as outlined in the agreement.
Roll Call Vote — City Clerk
Motion carried: 5-0
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.
City Council July 15, 2025
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Motion: The City Council authorized 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
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.
Motion: The City Council adopted 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 was 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.
Motion: Authorized 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.
City Council July 15, 2025
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Fiscal Impact: There was 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:
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.
Public Input —
1. Tony Pelleriti
2. Ethan
3. John Garay
It was moved by Mayor Pro Tern Nielsen and seconded by Council Member Fink that
the City Council adopted Resolution No. 25-15 approving the plans and specifications
for the Main Street Improvements Project and the Old Town Improvements Project
and authorized the City Clerk to advertise to receive bids.
Roll Call Vote — City Clerk
Motion carried: 5-0
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
City Council July 15, 2025
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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
City Manager Aldo E. Schindler
On the legislative front, following this week's Federal House Representative Appropriations
Sub -Committee mark-ups, the City of Tustin's security and improvements project - which
includes the installation of security cameras at public parks, City facilities, and the Tustin
Hangar - was included in the appropriations language for the Commerce, Justice, Science,
and Related Agencies Subcommittee, which is great news for Tustin.
Announced project funding has not been reduced, which is great news; it remains at 2.5
million dollars; will continue to monitor this and other requests
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
Councilmember Fink
June 26
Attended the Orange County Santa Ana River Flood Protection Agency Board of Directors
meeting; announced approval of the budget.
Announced had the opportunity to read to several children during Storytime at the Tustin
Library.
July 4
• Participated in the Tustin Meadows 4th of July Parade.
• Attended the City of Tustin 4th of July Celebration event at Tustin High School; it was
a great event.
July 8
Attended the Tustin Chamber of Commerce Economic Development meeting; it was the
first networking lunch in several years; announced there will be a monthly luncheon.
Announced on Thursday, July 16th the Chamber of Commerce will have a 10th Anniversary
Celebration and Ribbon Cutting ceremony for Pure Barre; there will also be a Lunch Mob at
the Corner Bakery that day.
July 12
Attended the Old Town Tustin Saturday Farmers Market; was very pleased to be able to
attend the Farmers Market; thanked City Manager, Aldo E. Schindler and city staff for
working hard to bring the Farmers Market to Old Town Tustin on a Saturday; thanked the
City Council July 15, 2025
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Prescott Family for allowing the market to take place on their property; thanked the Orange
County Farm Bureau for organizing the event.
Announced has a booth at the Tustin Sunset Market; encouraged everyone to come out
and to stop by his booth.
Council Member Schnell
No Report
Council Member Gallagher
Congratulated City Manager Aldo E. Schindler on his one-year anniversary with the City of
Tustin; announced he has done an incredible job this past year and continues to move the
City forward; looks forward to many more years.
Mayor Pro Tern Nielsen
June 18
Attended the Tustin Effective Apartment Managers (TEAM) luncheon; announced they do
a great job in the south-west area of Tustin; great presence from the City, Tustin Police
Chief Sean Thuilliez was a speaker and City Manager Aldo E. Schindler was in attendance.
June 25
Participated in the Tustin Community Foundation Zoom call.
June 27
Was a speaker to a large group of realtors at the North Hills Realty meeting.
June 30
Attended the Centennial Park Rededication Ceremony.
July 9
Attended the Tustin Concerts in the Park with the Tustin Host Lions Club; had a great time
listening to 80s music performed by the group FlashPants; great job to the Parks and
Recreation Department for a great concert series.
July 10
Attended the Tustin Senior Center Advisory Board meeting; discussed several items which
included the Sunset Market, Tustin Street Fair and Chili Cook -Off event, Bingo Night at the
Tustin Area Senior Center, as well as new flooring which will be installed on July 20, 2025
and the new front desk at the Tustin Area Senior Center.
Mayor Lumbard
Announced upcoming events.
July 16
City Council July 15, 2025
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Concerts in the Park - Sega Genacide 90s and 00s
Location: Peppertree Park
Time: 6:00-8:00 PM
July 17
Sunset Market
Location: Old Town Tustin
Time: 5:00-8:30 PM
July 18
Movies in the Park - Finding Dory
Location: Frontier Park
Time: 6:00 PM
ADJOURNED at 6:39 p.m. 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.
re
Signed b
AU BARD,
Mayor
5Signed by:
fvic& gA'SVJA
ERIUAVIVAsUDA,
City Clerk
City Council
Meeting Minutes
July 15, 2025
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