HomeMy WebLinkAbout00 CC AGENDA 10.21.25CITY OF TUSTIN MEETING OCTOBER 21, 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 October 21, 2025
Meeting Agenda Page 1 of 10
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
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 October 21, 2025
Meeting Agenda Page 2 of 10
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3086
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): (1 case)
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
City Council October 21, 2025
Meeting Agenda Page 3 of 10
REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
6:00 P.M.
CALL TO ORDER — #3086
INVOCATION - Rabbi Shuey Eliezrie, Chabad of Tustin
PLEDGE OF ALLEGIANCE — Council Member Schnell
PRESENTATION — Tustin Legacy Community Outreach and Engagement 2025 — Update
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 REGULAR MEETING OF THE CITY COUNCIL
HELD ON OCTOBER 7, 2025.
Recommendation: That the City Council approve the Action Minutes of the City
Council Meeting held on October 7, 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.
City Council October 21, 2025
Meeting Agenda Page 4 of 10
Recommendation: It is recommended that the City Council approve Payroll in the
amount of $1,241,070.38 and Demands in the amount of $1,744,565.91.
4. PLANNING COMMISSION APPOINTMENT
City Council approval is required for the Mayor's Planning Commission appointment.
Recommendation: That the City Council:
1. Approve the Mayor's appointment of Meg Gullo to the Planning Commission;
and
2. Direct the City Clerk to solicit applications for the resulting vacancy on the Public
Art Commission.
Fiscal Impact: There is no fiscal impact associated with this item.
5. APPROVE SUPPLEMENTAL APPROPRIATION FOR THE EL CAMINO REAL
WATER MAIN RELOCATION PROJECT
The City has partnered with the Orange County Transportation Authority and
Caltrans to complete the El Camino Water Main Relocation Project which is
necessary for improvements to the 1-5 and Red Hill Avenue exit ramp. Additional
scope of work has been requested by the partner agencies and staff have negotiated
a contract change order in the amount of $96,555.30 with G&A Nelos Construction,
Inc., which requires additional budget appropriation and City Council approval. The
full amount of all authorized change orders will be reimbursed to the City by Orange
County Transportation Authority.
Recommendation: It is recommended that the City Council:
Approve a negotiated contract change order in the amount of $96,555.30 with
G&A Nelos Construction, Inc. and authorize the City Manager to execute the
contract change order on behalf of the City; and
2. Appropriate $96,555.30 from Water Capital Fund.
Fiscal Impact: On June 17, 2025, the City Council awarded a construction contract
to G&A Nelos Construction, Inc. in the amount of $393,399.10 for the El Camino
Water Main Relocation Project. This action will approve a negotiated change order
and appropriate $96,555.30 from the Water Capital Fund to cover the cost of
additional work requested by the partner agencies.
The negotiated change order is eligible for reimbursement via Utility Agreement COT-
56, between the City of Tustin and the Orange County Transportation Authority which
authorizes the full reimbursement for final design and all construction costs, minus
an accrued depreciation credit of $2,650.
City Council October 21, 2025
Meeting Agenda Page 5 of 10
6. TUSTIN HOUSING AUTHORITY ANNUAL REPORT
Pursuant to the Tustin Housing Authority Bylaws and State of California Housing
Authorities Law of the California Health and Safety Code Section 34328, the Tustin
Housing Authority is holding an annual meeting in order to receive and file the annual
report of its activities for the preceding fiscal year.
Recommendation:
The Tustin Housing Authority Commissioners take the following actions:
• Receive and file the Annual Report for Fiscal Year 2024-2025 and transmit such
report to the Tustin City Council.
• Direct that a copy of the Tustin Housing Authority's Annual Report for Fiscal Year
2024-2025 be filed with the City Clerk and ex-officio Clerk of the City Council of
the City of Tustin and the California Department of Housing and Community
Development.
The City Council take the following actions:
• Receive and file the Tustin Housing Authority's Annual Report for Fiscal Year
2024-2025.
Fiscal Impact: There is no known fiscal impact associated with this item currently.
However, pursuant to Section 34328.1, the California Department of Housing and
Community Development can require reimbursement for the cost of processing the
report. This request has not been made in previous years.
7. AMENDMENT 4 TO SUBLEASE AGREEMENT WITH THE SOUTH ORANGE
COUNTY COMMUNITY COLLEGE DISTRICT
Request for approval of Amendment 4 to the Sublease Agreement with the South
Orange County Community College District for a portion of the Advanced Technology
Education Park campus at Tustin Legacy. Amendment 4 to the Sublease Agreement
will extend the term of the Sublease Agreement by two (2) years to coincide with the
term of the City's Lease in Furtherance of Conveyance (currently May 2052 unless
extended in the future) to provide additional assurances for tenants in negotiations
with the South Orange County Community College District.
Recommendation: It is recommended that the City Council authorize the City Manager
to execute Amendment 4 to the Sublease Agreement with the South Orange County
Community College District subject to any non -substantive modifications as may be
deemed necessary and/or recommended by the City Attorney.
Fiscal Impact: There is no fiscal impact associated with this item.
City Council October 21, 2025
Meeting Agenda Page 6 of 10
8. SECOND AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
WITH NEW CINGULAR WIRELESS PCS, LLC FOR EXISTING WIRELESS
FACILITIES AT VETERANS SPORTS PARK AT TUSTIN LEGACY
Request for approval of a Second Amendment to a Communications Site License
Agreement with New Cingular Wireless PCS, LLC for existing wireless facilities at
Veterans Sports Park at Tustin Legacy to increase the monthly license payment as
consideration for installation of additional equipment.
Recommendation: It is recommended that the City Council authorize the City
Manager to execute the Second Amendment to the Communications Site License
Agreement with New Cingular Wireless PCS, LLC subject to any non -substantive
modifications as may be deemed necessary and/or recommended by the City
Attorney.
Fiscal Impact: The Second Amendment to the Communications Site License
Agreement with New Cingular Wireless PCS, LLC will increase monthly license
payments by $500 per month.
9. PROPOSED ORDINANCE NO. 1571 ADDING CHAPTER 10 TO ARTICLE 6 OF
THE TUSTIN CITY CODE PROHIBITING THE SALE OF KRATOM PRODUCTS
The City Attorney's office has prepared proposed amendments to Article 6 of the
Tustin City Code to add a ban on the sale, distribution, and advertisement for sale of
kratom products within the City.
The proposed ordinance would ban the sale, distribution, and advertisement for sale
of any product containing any part of the leaf of the plant Mitragyna speciosa (more
commonly known as the kratom plant). The purpose of the ordinance is to protect the
public health and welfare against the sale and distribution of products which the U.S.
Food and Drug Administration has identified as having opioid-like characteristics, and
which pose a threat to the health and safety of the American Public.
Recommendation: Introduce and conduct first reading by title only of Ordinance No.
1571 adding Chapter 10 (Prohibition on the Sale and Distribution of Kratom Products)
to Article 6 (Public Welfare) of the Tustin City Code and schedule the adoption for
the City Council's next scheduled regular meeting.
ORDINANCE NO. 1571
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING CHAPTER 10 (PROHIBITION ON THE SALE AND
DISTRIBUTION OF KRATOM PRODUCTS) TO ARTICLE 6 (PUBLIC WELFARE)
OF THE TUSTIN CITY CODE
Fiscal Impact: Minimal fiscal impact associated with efforts to enforce the prohibition
by the City's code enforcement and/or law enforcement personnel.
City Council October 21, 2025
Meeting Agenda Page 7 of 10
10. PROPOSED ORDINANCE NO. 1572 ADDING CHAPTER 11 TO ARTICLE 6 OF
THE TUSTIN CITY CODE REGULATING THE SALE OF NITROUS OXIDE
The City Attorney's office has prepared proposed amendments to the Tustin City that
would ban the sale, distribution, and advertisement for sale of nitrous oxide intended
for recreational purposes within the City.
The proposed ordinance would ban the sale, distribution, and advertisement for sale
of nitrous oxide, devices designed to dispense nitrous oxide, and any device which
contains any amount of nitrous oxide, except for specified medicinal or industrial
purposes. The purpose of the ordinance is to protect the public health and welfare
against the sale and distribution of products which can cause serious and potentially
life -threatening health complications such as low blood pressure, low oxygen,
fainting, heart attack, and nerve damage, as well as long term effects such as
increased risk of depression, psychosis, memory loss, muscle spasms, tinnitus,
numbness, weakened immune system, and birth defects (if used during pregnancy).
Recommendation: Introduce and conduct first reading by title only of Ordinance No.
1572 adding Chapter 11 (Sale and Distribution of Nitrous Oxide) to Article 6 (Public
Welfare) of the Tustin City Code and schedule the adoption for the City Council's
next scheduled regular meeting.
ORDINANCE NO. 1572
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING CHAPTER 11 (SALE AND DISTRIBUTION OF NITROUS
OXIDE) TO ARTICLE 6 (PUBLIC WELFARE) OF THE TUSTIN CITY CODE
Fiscal Impact: Minimal fiscal impact associated with efforts to enforce the prohibition
by the City's code enforcement and/or law enforcement personnel.
11. FIRST READING OF ORDINANCE NO. 1569 AMENDING CHAPTER 1, ARTICLE
8 OF THE TUSTIN CITY CODE TO ADOPT THE 2025 CALIFORNIA BUILDING
STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES,
AND SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS
THERETO FOLLOWING A PUBLIC HEARING NOVEMBER 18, 2025
Every three years, the California Building Standards Commission updates and
adopts new construction regulations based on internationally published model codes.
These regulations are collectively known as the California Code of Regulations Title
24, or more commonly, the California Building Standards Code. State law requires
the 2025 California Building Standards Code to be enforced by all California cities
effective January 1, 2026.
Sections 17958.7 and 18941.5 of the California Health and Safety Code permit local
governments to adopt amendments to the California Building Standards Code when
they are administrative or procedural in nature, or when local climatic, geological, or
topographical conditions warrant more restrictive requirements. These amendments,
however, may not be less restrictive than the standards contained in Title 24.
City Council October 21, 2025
Meeting Agenda Page 8 of 10
To comply with State law, Ordinance No. 1569 is proposed to adopt and amend the
2025 California Building Standards Code, including certain appendices and
supplemental regulations. City staff has worked in partnership with the Orange
County Fire Authority on relevant supplemental regulations, and Resolution No. 25-
53 provides the express findings demonstrating that these amendments are
reasonably necessary due to local climatic, geological, and topographical conditions
within the City of Tustin.
Recommendation: That the City Council:
1. Continue to November 18, 2025 the consideration of Resolution 25-53, which
sets forth findings related to local climatic, geological, and topographical
conditions within the City of Tustin that make certain amendments to the 2025
California Building Standards Code reasonably necessary; and,
2. Introduce and conduct the first reading of Ordinance No. 1569 and set the
second reading and adoption for the Council's public hearing on November
18, 2025. This procedure is in accordance with California Government Code
Title 5, Division 1, Part 1, as referenced in Building Standards Bulletin 25-02.
ORDINANCE NO. 1569
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING CODE AMENDMENT 2025-0001 AMENDING CHAPTER 1 OF ARTICLE 8
OF THE TUSTIN CITY CODE AND ADOPTING THE 2025 CALIFORNIA BUILDING
STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND
CERTAIN SUPPLEMENTAL REGULATIONS, INCLUDING: THE CALIFORNIA
BUILDING CODE, 2025 EDITION, ADDING APPENDIX S; THE CALIFORNIA
RESIDENTIAL CODE, 2025 EDITION; THE CALIFORNIA FIRE CODE, 2025 EDITION,
INCLUDING APPENDICES B, BB, C, CC, AND H; THE CALIFORNIA WILDLAND-
URBAN INTERFACE CODE, 2025 EDITION; THE CALIFORNIA GREEN BUILDING
STANDARDS CODE, 2025 EDITION; THE CALIFORNIA PLUMBING CODE, 2025
EDITION; THE CALIFORNIA MECHANICAL CODE, 2025 EDITION; THE CALIFORNIA
ELECTRICAL CODE, 2025 EDITION; THE CALIFORNIA ENERGY CODE, 2025
EDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2025 EDITION; THE
CALIFORNIA EXISTING BUILDING CODE, 2025 EDITION; THE CALIFORNIA
REFERENCED STANDARDS CODE, 2025 EDITION; THE UNIFORM HOUSING
CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2024 EDITION; WITH CERTAIN ADDITIONS, AMENDMENTS
AND DELETIONS.
Fiscal Impact: There is no fiscal impact associated with this item.
REGULAR BUSINESS
12. YEAR-END UPDATE FOR FISCAL YEAR 2024-2025
City Council October 21, 2025
Meeting Agenda Page 9 of 10
This report provides the City Council with an update of the Fiscal Year 2024-2025
preliminary operating results based on actual year-end revenues and expenditures.
General Fund operating revenues are approximately $3 million higher than the
amended budget, whereas General Fund expenditures are approximately $2.6
million lower than the amended budget. Therefore, instead of ending the year with a
$1.3 million deficit, the year ended with a $4.4 million surplus.
The General Fund reserves, excluding impact of the Navy North Hangar Fire
Incident, are expected to be at $35 million as of June 30, 2025 (or 38% of the General
Fund's total recurring operating expenditure). This reserve level exceeds the City
Council's target reserve policy of 20%.
Recommendation: It is recommended that the City Council:
1. Receive and file this report;
2. Approve revenue budget and expenditure appropriation of $2,500,000 for the
Navy North Hangar Fire incident above -ground cleanup work authorized
under the seventh amendment to the Navy's Co -Operative Agreement;
3. Approve supplemental appropriations incurred to operate various City
programs and services identified in this report; and
4. Approve appropriations to carryover for purchases identified in this report.
Fiscal Impact: There are sufficient revenues or reserves in respective funds to fund
the supplemental appropriations and carryover appropriations identified in this report.
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, November 4, 2025, for the
Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:00 p.m.
City Council October 21, 2025
Meeting Agenda Page 10 of 10