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HomeMy WebLinkAbout00 CC AGENDA 9.16.25CITY OF TUSTIN MEETING OF THE CITY COUNCIL John Nielsen, Mayor Pro Tern Ryan Gallagher, Council Member Ray Schnell, Council Member Lee K. Fink, Council Member Austin Lumbard, Mayor SEPTEMBER 16, 2025 300 CENTENNIAL WAY COUNCIL CHAMBER VIDEO CONFERENCE Aldo E. Schindler, City Manager Erica N. Yasuda, City Clerk 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 September 16, 2025 Meeting Agenda Page 1 of 14 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 September 16, 2025 Meeting Agenda Page 2 of 14 CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3084 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 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 Council September 16, 2025 Meeting Agenda Page 3 of 14 City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager; and Ryan Swiontek, Deputy Director of Real Property Negotiating Parties Irvine Company Under Negotiation Price and Terms of Payment 6. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Attorney REGULAR MEETING OF THE CITY COUNCIL - 6:00 P.M. CALL TO ORDER — #3084 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATION — Tustin Girls Softball Recognition 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 1-14) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council September 16, 2025 Meeting Agenda Page 4 of 14 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 REGULAR MEETING OF THE CITY COUNCIL HELD ON AUGUST 5, 2025, AND AUGUST 19, 2025. Recommendation: That the City Council approve the Action Minutes of the City Council Meetings held on August 5, 2025, and August 19, 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. Recommendation: It is recommended that the City Council approve Payroll in the amount of $ $1,194,910.17, $1,191,388.13, $1,144,593.21 and Demands in the amount of $ 14,536,367.68. 4. DESIGNATION OF VOTING DELEGATES AND ALTERNATES — LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Recommendation: It is recommended that the City Council designate the following: o Voting Delegate: Council Member Lee K. Fink o Alternate: Council Member Ray Schnell Fiscal Impact: The voting delegate and alternate are required to be registered to attend the conference and be present in order to cast a vote; therefore, the fiscal impact is limited to the cost of the conference registration. 5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1570 APPROVING TUSTIN POLICE DEPARTMENT POLICY 706 - MILITARY EQUIPMENT USE POLICY Adoption of Ordinance No. 1570 approves the Tustin Police Department's continued utilization of military equipment and a policy governing the use of the equipment outlined in Tustin Police Department Policy 706 — Military Equipment Use Policy. City Council September 16, 2025 Meeting Agenda Page 5 of 14 Recommendation: That the City Council have second reading by title only and adoption of Ordinance No.1570. 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. 6. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE VANDENBERG WELL REHABILITATION PROJECT Construction of the Vandenberg Well Rehabilitation 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. 25-13 accepting the improvement of the Vandenberg Well Rehabilitation Project; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office; and 3. Appropriate $13,021 from the 2024 Water Bond Fund. RESOLUTION NO. 25-13 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 VANDENBERG WELL REHABILITATION PROJECT, (CIP NO. 60177) Fiscal Impact: A total of $680,000 using the 2024 Water Bond Funds was budgeted and appropriated in the Capital Improvement Program for this project. The final construction cost is $693,020.04. This cost consists of the original contract with General Pump Company, in the amount of $671,440.00, a credit of $16,945 for a reduction to the original scope of work, and a $38,525.04 contract change order. Staff is requesting an appropriation of $13,021 from the 2024 Water Bond Fund to cover City Council September 16, 2025 Meeting Agenda Page 6 of 14 the additional project costs. Sufficient funds are available in the 2024 Water Bond Fund for the recommended actions. 7. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE CENTENNIAL PARK IMPROVEMENTS PROJECT Construction of the Centennial Park Improvements 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. 25-60 accepting the Centennial Park Improvements Project; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 25-60 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 CENTENNIAL PARK IMPROVEMENTS PROJECT, (CIP NO. 20090) Fiscal Impact: On March 5, 2024, the City Council approved project funding in the amount of $5,300,000 for the Centennial Park Improvement Project, of which $4,800,000 was made available through the FY 2022/23 California State Budget and sponsored by Senator Dave Min. The final construction cost for the project is $5,068,238.55, including contract change orders which totaled less than 9%. 8. AUTHORIZATION TO PURCHASE EQUIPMENT INCLUDING DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION Staff is requesting that the City Council authorize the replacement purchases of one (1) asphalt roller for the Water Services Division and one (1) compact tractor to support the Field Services Division. Additionally, it is requested that the City Council declare certain City equipment surplus in accordance with section 1630 (2) of the Tustin City Code and authorize the sale of surplus equipment at public auction. Recommendation: It is recommended that the City Council: Adopt Resolution No. 25-58 authorizing the purchase of one (1) asphalt roller from Quinn Company, Foothill Ranch, CA, and authorizing the purchase of one (1) compact tractor from Stotz Equipment, Montclair, CA, utilizing City Council September 16, 2025 Meeting Agenda Page 7 of 14 Sourcewell Contract No. 112624-DAC and 011723-CAT in the amount of $157,358.85; and 2. Declare, in accordance with the Tustin City Code Section 1630(2), the attached itemized list of equipment as surplus and not required for public use; and 3. Authorize the sale of an itemized list of surplus equipment at a public auction and credit net proceeds to the Equipment Replacement Fund. RESOLUTION NO. 25-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING USE OF THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES PURCHASING PROGRAM TO PURCHASE CERTAIN ITEMS FOR AND ON BEHALF OF THE CITY Fiscal Impact: The total cost for the two pieces of equipment is $157,358.85. This includes one asphalt roller for the Public Works, Water Services Division at a cost of $101,498.50 and one compact tractor for the Public Works, Field Services Division at a cost of $55,860.35, including tax and licensing. Sufficient funds for these purchases have been budgeted in the Equipment Replacement Fund in the approved Fiscal Year 2025-26 Operating Budget. 9. FIRST AMENDMENT TO LEASE AGREEMENT FOR THE TUSTIN SPORTS PARK FOOD/BEVERAGE CONCESSION First Amendment to the Lease Agreement with Fabian Grassini Tennis and Sports Inc., dba Bageled, to extend the term of the existing lease for a period of five (5) years for the operation of the food and beverage concession at Tustin Sports Park. Recommendation: It is recommended that the City Council: Find that the Tustin Sports Park Cafe operated by Fabian Grassini Tennis and Sports Inc., is serving a public purpose beneficial to the City and its residents by providing convenient access to goods and services for park visitors; and 2. Approve the Amendment No. 1 to Lease Agreement for the Tustin Sports Park Food/Beverage Concession with Fabian Grassini Tennis and Sports Inc., dba Bageled, in the form attached as Attachment 2, and authorize the Mayor to execute this Amendment. Fiscal Impact: Consistent with the terms of the Lease Agreement, Fabian Grassini Tennis and Sports Inc., dba Bageled will continue to pay the City $600 per month, with the exception of December of each year. Over the course of the five (5) year extension the lessee will make payments to the City for a total of $33,000. City Council September 16, 2025 Meeting Agenda Page 8 of 14 10. EXTENSION OF TEMPORARY CONSTRUCTION EASEMENTS ON CITY OWNED REAL PROPERTY IN THE PACIFIC CENTER EAST SPECIFIC PLAN AREA Request for authorization to execute several documents that will extend the term of two (2) existing temporary construction easements for the Orange County Transportation Authority on City owned real property in the Pacific Center East Specific Plan Area from October 2025 to April 2026 to support ongoing construction of the State Route 55 freeway widening project. Recommendation: It is recommended that the City Council: 1. Authorize the City Manager to execute the First Amendment to Right of Way Contract with the Orange County Transportation Authority subject to any non - substantive modifications as may be deemed necessary and/or recommended by the City Attorney; and 2. Authorize the City Manager to execute a Grant of Easement to the Orange County Transportation Authority for each temporary construction easement. Fiscal Impact: For consideration of the extension of the two (2) existing temporary construction easements, the Orange County Transportation Authority will pay the City $14,200. Should the City execute the extension documents by October 8, 2025, the Orange County Transportation Authority will pay a 20% incentive equating to an additional $2,840 for a total of $17,040. The Orange County Transportation Authority provided a waiver valuation estimate to the City on July 16, 2025 conducted by the Orange County Transportation Authority's real estate consultant Monument that is based on an original appraisal report from MAI certified appraiser Sharon A. Hennessey. The City has reviewed the waiver valuation and finds its conclusions and general findings reasonable to proceed. 11. PURCHASE AND SALE AGREEMENT WITH MARINERS CHURCH FOR APPROXIMATELY 3 ACRES OF DISPOSITION AREA 8 AT TUSTIN LEGACY Request for authorization to approve a Purchase and Sale Agreement between Mariners Church and the City for the sale of approximately 3.324 acres of City -owned property located within a portion of Disposition Area 8 at Tustin Legacy. The property is generally bounded by Warner Avenue, future Veterans Way, and future John Johnson Way. The purpose of the Purchase and Sale Agreement is to implement the Reuse Plan for Marine Corps Air Station Tustin and the Specific Plan for Tustin Legacy through the development and maintenance of property. Recommendation: 1. Approve and authorize the City Manager to execute the Purchase and Sale Agreement between Mariners Church and the City in the form attached hereto City Council September 16, 2025 Meeting Agenda Page 9 of 14 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 to approve and execute all other agreements, attachments and documents necessary or appropriate to complete the transaction. Fiscal Impact: The purchase price for the property is $4,000,000. In addition to the purchase price, Mariners Church will pay to the City a Project Fair Share Contribution of $1,640,217.83 to fund backbone infrastructure improvements at Tustin Legacy. The Project Fair Share Contribution will be payable at closing or may be deferred until the earlier of 12 months after closing or when permits are pulled for construction, and if deferred, will accrue interest at the Wall Street Journal Prime Rate. Within three (3) days of the effective date of the Purchase and Sale Agreement, Mariners Church will also submit a $100,000.00 deposit into escrow, which will be applicable to the purchase price at the close of escrow. Each party will also be responsible for paying customary escrow and closing costs. Further, the City will not be required to pay any real estate commissions for the broker representing Mariners Church. The Property will be annexed into a future Zone 4 of the City Community Facilities District 2018-01, which has been established to cover service costs at Tustin Legacy (such as police and fire; recreation program services; maintenance of parks, streets, sidewalks and drainage facilities). The Rate and Method of Apportionment specific to this transaction will require City Council consideration and approval prior to the close of escrow. The negotiated rate will be $0.50 per square foot of permitted building square footage. The rate will escalate annually based on a maximum annual escalation of 2%. 12. AUTHORIZE THE CITY MANAGER TO APPROVE CONTRACT AMENDMENT WITH EXECUTIVE FACILITIES SERVICES, INC. The City Council approved the custodial services contract with Executive Facilities Services, Inc. on June 3, 2025, which includes one (1) full-time day porter dedicated to the Police Department. Following this approval and due to the 24/7 operational needs of the Police Department, staff have identified a need for additional services. Staff request that the contract be amended to add a night shift for an additional porter dedicated to the Police Department. Recommendation: It is recommended that the City Council approve the First Amendment to Contract for Custodial Services with Executive Facilities Services, Inc., and authorize the City Manager to execute the amendment on behalf of the City. Fiscal Impact: The additional services will increase the monthly maintenance costs for the Police Department by $7,007.00 to a total of $16,350.15, an annual increase in contract costs totaling $84,084.00. The proposed amendment will not exceed the budget appropriations adopted by the City Council through the annual budget process for custodial services at General Fund facilities. City Council September 16, 2025 Meeting Agenda Page 10 of 14 13. 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, June 17, 2025, and August 5, 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 25-61 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 25-61 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. 14. RECOMMENDATION OF PROPOSALS TO PROCEED TO ROUND TWO FOR THE COMPETITIVE OFFERING FOR PLANNING AREA 10 OF THE PACIFIC CENTER EAST SPECIFIC PLAN Nine (9) proposals are recommended for City Council consideration to proceed to Round Two for the competitive offering for Planning Area 10 of the Pacific Center East Specific Plan. The recommendation is made by a staff supported, Mayor appointed Ad -Hoc Committee composed of Council Members Ryan Gallagher and Ray Schnell. Recommendation: It is recommended that the City Council take the following actions: 1. Authorize staff and the City's broker Jones Lang LaSalle to inform nine (9) proposers from the competitive offering for Planning Area 10 of the Pacific Center East Specific Plan that they will be proceeding to Round Two; and 2. Authorize staff to further reduce the number of proposals that will ultimately be recommended to the City Council for consideration at a later date. City Council September 16, 2025 Meeting Agenda Page 11 of 14 Fiscal Impact: There is no fiscal impact associated with this item. PUBLIC HEARING ITEM 15 15. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT APPLICABLE TO WELLINGTON PLAZA The applicant, Ian B. Carter, President of the Wellington Plaza Association, on behalf of the property owners, requests approval of Specific Plan Amendment 2024-0004, which amends the Downtown Commercial Core Specific Plan to limit the allowable uses in the existing Wellington Plaza office complex, located at 505-515 East First Street, to only office -related uses. Recommendation: That the City Council introduce and have first reading by title only of Ordinance No. 1565 for Specific Plan Amendment 2024-0004, to amend the Downtown Commercial Core Specific Plan to limit the permitted uses within the existing Wellington Plaza office complex to general and professional offices, photography studios, and tutoring facilities; and set the second reading of the ordinance for the next City Council meeting. ORDINANCE NO. 1565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT 2024-0004 TO AMEND THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN SUCH THAT ONLY OFFICE USES WILL BE ALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS AT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET Fiscal Impact: There is no fiscal impact associated with this item. REGULAR BUSINESS ITEMS 16-17 16. ADOPT RESOLUTION NO. 25-59 DECLARING THE INTENTION TO FORM THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 REPLACING THE EXISTING TUSTIN LANDSCAPE AND LIGHTING DISTRICT The Tustin Landscape and Lighting District was formed in 1985 and 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. At the July 15, 2025 meeting, staff recommended and the City Council directed the preparation of an Engineer's Report for the Tustin Landscape and Lighting Reassessment District 2025. This report presents the prepared Engineer's Report for the City Council's approval and recommended actions to initiate the formation of the proposed assessment district. Recommendation: It is recommended that the City Council adopt Resolution No. 25-59 declaring the intention to form Tustin Landscape & Lighting Reassessment City Council September 16, 2025 Meeting Agenda Page 12 of 14 District 2025 replacing the existing district as of Fiscal Year 2026-2027 and to levy assessments commencing with Fiscal Year 2026-2027, accepting and approving the Engineer's Report, ordering a property owner official assessment ballot proceeding, and setting a Public Hearing for November 18, 2025. RESOLUTION NO. 25-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO FORM TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 AND TO LEVY ASSESSMENT COMMENCING WITH FISCAL YEAR 2026-2027; ACCEPTING AND APPROVING THE ENGINEER'S REPORT; TO CONDUCT A PROPERTY OWNER OFFICIAL ASSESSMENT BALLOT PROCEEDING ON THE MATTER OF THE NEW ASSESSMENTS; AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS Fiscal Impact: Sufficient funds are budgeted and appropriated in the Tustin Landscape and Lighting Fund for the required property owner's official assessment ballot proceedings for the proposed reassessment district. The costs for operating and maintaining the public infrastructure in the Tustin Landscape and Lighting District are offset through the levy of the annual assessments. The proposed Tustin Landscape and Lighting Reassessment District 2025 contains the same cost - recovery structure with proposed annual assessments and a general fund contribution. The proposed reassessment district has no impact on the existing Tustin Landscape and Lighting District Fund's budget for Fiscal Year 2025-2026. If approved by the property owners, the reassessment district will replace the existing district and levy assessments commencing Fiscal Year 2026-2027. Similarly, the General Fund contribution would increase in Fiscal Year 2026-2027 and each year thereafter, consistent with the proposed schedule outlined in the Engineers Report and Table 2 below. Should the Tustin Landscape and Lighting Reassessment District 2025 fail to be approved by the property owners, maintenance will remain at reduced service levels and will be refined annually to ensure expenses do not exceed revenue. 17. AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT WITH CITY MANAGER Approval of the attached Amendment will modify the compensation of the City Manager in accordance with City Council direction. Recommendation: Approve Amendment No. 1 to Employment Agreement with Aldo E. Schindler. Fiscal Impact: The proposed Amendment would result in an additional cost to the City of approximately $33,511 per year. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS City Council September 16, 2025 Meeting Agenda Page 13 of 14 ADJOURNMENT - The next meeting is scheduled on Tuesday, October 7, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council September 16, 2025 Meeting Agenda Page 14 of 14