HomeMy WebLinkAbout00 CC AGENDA 11.4.25CITY OF TUSTIN MEETING NOVEMBER 4, 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
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City Council November 4, 2025
Meeting Agenda Page 1 of 11
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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 November 4, 2025
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SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #3087
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
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code §
54956.8] (1 case)
A.
Property
Address/Description
150 E. First Street
Agency
City of Tustin
City Negotiators
Aldo E. Schindler, City Manager; Nicole Bernard,
Assistant City Manager; Brian Moncrief, Deputy City
Manager/Real Property
City Council November 4, 2025
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Negotiating Parties
CAZ LLC and Riviera Pacific Properties, Inc.
Under Negotiation
Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #3087
INVOCATION - Pastor Kyle Bleeker, Friends Church
PLEDGE OF ALLEGIANCE — Council Member Gallagher
PRESENTATION — Tustin Police Department, Strategic Plan 2025 — 2027
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
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.
City Council November 4, 2025
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2. APPROVAL OF MINUTES — THE SPECIAL CLOSED SESSION MEETING AND
THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 21,
2025.
Recommendation: That the City Council approve the Action Minutes of the City
Council Special Closed Session Meeting and Regular Meeting held on October 21,
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 $1,203,395.40 and Demands in the amount of $3,041,257.17.
4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE
SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY FOR THE QUARTER ENDED SEPTEMBER 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: That the City Council receive and file.
Fiscal Impact: There is no fiscal impact associated with this item.
5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT —
QUARTER ONE AND QUARTER TWO, 2025
This agenda report transmits the John Wayne Airport Noise Abatement Quarterly
Report covering the first and second quarters of 2025. The City of Tustin is within the
John Wayne Airport's "Noise Impact Area" since it has the potential to experience an
average Community Noise Equivalent Level above 65 decibels. Community Noise
Equivalent Level is a weighted 24-hour average of noise levels, a measurement often
used to regulate airport noise impacts on the surrounding community. The average
noise levels measured at Tustin's monitoring station, located at Columbus Tustin
Middle School on Beneta Way (site map in Attachment A), remained below City,
County, and State maximum criteria in the first and second quarter reporting periods.
Recommendation: That the City Council receive and file this report.
Fiscal Impact: There is no fiscal impact associated with this item.
6. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED
LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR
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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, August 5, 2025, and September 16, 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 25-70
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.
Fiscal Impact: There is no direct impact from a determination that a local emergency
continues to exist.
7. DECLARE INTENT TO VACATE A PORTION OF AUTO CENTER DRIVE AND SET
A PUBLIC HEARING
California Streets and Highways Code Section 8312 authorizes the City Council to
vacate all or a portion of a street within the City when it is no longer necessary for
current or prospective public street purposes, either on its own initiative or upon
request of an interested party. A request was received from the owners of Tustin
Lexus and Tustin Cadillac to vacate a 12-foot wide strip of right-of-way around the
perimeter of the Auto Center Drive cul-de-sac adjacent to their properties, reducing
the curb radius to 40 feet. Pursuant to procedures outlined in Sections 8320-8325 of
the California Streets and Highways Code, the City Council must first adopt a
resolution declaring its intent to vacate and set a public hearing. Resolution No. 25-
21 includes the legal description and associated map of the area to be vacated.
Recommendation: It is recommended the City Council adopt Resolution No. 25-21
declaring its intent to vacate a portion of Auto Center Drive and set a public hearing for
December 2, 2025.
Fiscal Impact: The City obtained an appraisal determining the fair market value of
Parcel A and Parcel B, depicted in Resolution No. 25-21 to be $14,000 and $30,000,
respectively. If the proposed street vacation is approved and executed, the adjacent
property owners have agreed to pay fair market value at the above noted prices with
proceeds deposited to the General Fund.
8. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE
ANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT
City Council November 4, 2025
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The final construction cost for the Annual Roadway Rehabilitation and Sidewalk
Repair Project — Zone 6 is $2,640,126.68, approximately 7% above the original
contract amount of $2,464,122. Additional quantities of various contract items were
approved totaling $63,028.68 and a contract change order in the amount of $112,976
was requested by the City for additional work to repave the Citrus Ranch Park parking
lot. This project was funded through a combination of General Fund, Measure M2
Fair Share, Gas Tax, Park Maintenance. The General Fund was used to cover the
cost of work performed on behalf of the City of Irvine and the Irvine Ranch Water
District. The City of Irvine will reimburse $379,703 for work on Myford Road within
their jurisdiction and the Irvine Ranch Water District will reimburse $195,000 for
adjustment of their facilities to grade.
Recommendation: It is recommended that the City Council:
1. Adopt Resolution No. 25-64 accepting the improvement of the Annual
Roadway Rehabilitation and Sidewalk Repair Project — Zone 6; and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the Orange County Recorder's Office.
RESOLUTION NO. 25-64
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 FISCAL YEAR
2024-25 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT —
ZONE 6, (CIP NO. 70024)
Fiscal Impact: The final construction cost for the Annual Roadway Rehabilitation
and Sidewalk Repair Project — Zone 6 is $2,640,126.68, approximately 7% above the
original contract amount of $2,464,122. Additional quantities of various contract items
were approved totaling $63,028.68 and a contract change order in the amount of
$112,976 was requested by the City for additional work to repave the Citrus Ranch
Park parking lot. This project was funded through a combination of General Fund,
Measure M2 Fair Share, Gas Tax, Park Maintenance. The General Fund was used
to cover the cost of work performed on behalf of the City of Irvine and the Irvine
Ranch Water District. The City of Irvine will reimburse $379,703 for work on Myford
Road within their jurisdiction and the Irvine Ranch Water District will reimburse
$195,000 for adjustment of their facilities to grade.
9. APPROVAL OF RESOLUTION NO. 25-67 AUTHORIZING APPLICATION AND
SUPPORT FOR THE IRVINE BOULEVARD / FOURTH STREET REGIONAL
TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
Staff is proposing to submit a grant application to the Orange County Transportation
Authority for funding under Measure M2 for the Regional Signal Synchronization
Program. The proposed Irvine Boulevard / Fourth Street Regional Traffic Signal
Synchronization Project would be implemented in partnership with the City of Santa
Ana to improve traffic flow and reduce congestion along this regional corridor. The
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Orange County Transportation Agency's process requires the City Council to adopt
a resolution of support and authorize the grant application submittal.
Recommendation: It is recommended that the City Council adopt Resolution No.
25-67, approving the submittal of the Irvine Boulevard / Fourth Street Regional Traffic
Signal Synchronization Project application to the Orange County Transportation
Authority for funding under Measure M2 for projects for the Regional Traffic Signal
Synchronization Program.
RESOLUTION NO. 25-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING AN APPLICATION FOR THE IRVINE BOULEVARD / FOURTH
STREET CORRIDOR PROJECT FOR FUNDS FROM THE ORANGE COUNTY
TRANSPORTATION AUTHORITY UNDER THE COMPETITIVE MEASURE M2
REGIONAL TRANSPORTATION SIGNAL SYNCHRONIZATION PROGRAM
Fiscal Impact: The total estimated cost for the Irvine Boulevard / Fourth Street
Regional Traffic Signal Synchronization Project is $1,950,000. If the project is
selected for grant funding, 80 percent of the total cost will be funded by the grant,
with participating agencies providing a required 20 percent as local match for the
remaining project balance. The estimated cost of the City of Tustin's portion of the
project is $1,125,000, of which 80% or $900,000 would be funded through the grant,
with $225,000 as Tustin's required local match contribution to the project. If the
project is selected in Spring 2026, staff will return to the City Council with a funding
recommendation and request for appropriation for the City's local match.
10. CITY OF TUSTIN PROPERTIES WITHIN THE PROPOSED TUSTIN LANDSCAPE
AND LIGHTING REASSESSMENT DISTRICT 2025
All properties within the Tustin Landscape and Lighting District have been provided
ballots to vote on the formation of a proposed reassessment district to support
increased maintenance activities within the public right-of-way. Proposition 218
requires that publicly owned parcels also pay special benefit assessments levied for
a landscape and lighting district. The City of Tustin has received ballots representing
21 City -owned park and fire station parcels within the proposed reassessment
district.
Recommendation: It is recommended that the City Council direct the City Manager
to complete ballots for City- owned parcels in support of forming Tustin Landscape
and Lighting Reassessment District 2025 and submit ballots to the City Clerk for
tabulation on December 2, 2025.
Fiscal Impact: If approved, the proposed reassessment district will replace the
existing district and levy assessments commencing Fiscal Year 2026-2027. The
proposed annual reassessment would result in a General Fund expenditure of
$16,453.22 in Fiscal Year 2026-2027, followed by an annual increase reflective of
the 5-year assessment schedule as shown in Attachment 1. Beginning Fiscal Year
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2031-32, assessments will be increased by a defined formula equal to Consumer
Price Index +3%.
11. RECOMMENDATION OF PROPOSALS TO PROCEED TO ROUND TWO FOR
THE COMPETITIVE OFFERING FOR APPROXIMATELY 52 ACRES OF CITY -
OWNED REAL PROPERTY WITHIN NEIGHBORHOOD E (PLANNING AREAS 9-
12) OF THE TUSTIN LEGACY SPECIFIC PLAN
Three (3) proposals are recommended for City Council consideration to proceed to
Round Two for the competitive offering for approximately 52 acres of City -owned real
property within Neighborhood E (Planning Areas 9-12) of the Tustin Legacy Specific
Plan. The recommendation is made by a staff supported, Mayor appointed Ad -Hoc
Committee composed of Mayor Austin Lumbard and Council Member Ryan
Gallagher.
Recommendation: It is recommended that the City Council take the following
actions:
1. Authorize staff and the City's broker CCP Real Estate Advisors to inform three
(3) proposers from the competitive offering for approximately 52 acres of City -
owned real property within Neighborhood E (Planning Areas 9-12) of the
Tustin Legacy 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.
Fiscal Impact: There is no fiscal impact associated with this item.
12. AUTHORIZATION TO PURCHASE AND INSTALL EQUIPMENT FOR THE
CAMINO REAL PARK PLAYGROUND AND PICNIC SHELTER RENOVATION
PROJECT (CIP NO. 20096)
Staff is requesting authorization to contract with Innovative Playgrounds Co., Inc. and
Icon Shelter Systems, Inc. for the purchase and installation of a custom playground
and a picnic shelter at Camino Real Park (CIP No. 20096) utilizing cooperative
government purchasing programs (i.e. Sourcewell and Goodbuy).
Recommendation: It is recommended that the City Council:
Adopt Resolution No. 25-62 authorizing the use of Sourcewell Contract
Number 010521-BUR (Innovative Playgrounds Co., Inc) for the purchase and
installation of new playground equipment at Camino Real Park;
2. Adopt Resolution No. 25-63 authorizing the use of Goodbuy Contract Number
25-26-9B00 (ICON Shelter Systems, Inc.) for the purchase and installation of
a new picnic shelter at Camino Real Park;
City Council November 4, 2025
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3. Authorize an additional appropriation of $500,000 from the Park Development
Fund (Fund 131); and
4. Authorize the City Manager and the City Clerk to execute the contract
documents on behalf of the City.
RESOLUTION NO. 25-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING USE OF THE SOURCEWELL PURCHASING PROGRAM TO
PURCHASE AND INSTALL A NEW PLAYGROUND AT CAMINO REAL PARK FOR
THE CAMINO REAL PLAYGROUND AND PICNIC SHELTER RENOVATION, CIP
NO. 20096
RESOLUTION NO. 25-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING USE OF THE GOODBUY PURCHASING PROGRAM TO
PURCHASE AND INSTALL A PICNIC SHELTER AT CAMINO REAL PARK FOR
THE CAMINO REAL PLAYGROUND AND PICNIC SHELTER RENOVATION, CIP
NO. 20096
Fiscal Impact: The FY 2025-2026 Capital Improvement Program currently includes
$500,000 allocated to the Camino Real Park Playground and Picnic Shelter
Renovation from the Park Development Fund. To fully fund replacement of both
amenities, including 10% contingency, staff is requesting an additional $500,000
appropriation from the Park Development Fund in the Capital Improvement Program
budget. The Park Development Fund currently maintains a sufficient balance to
accommodate this appropriation.
Project expenditure includes:
• Innovative Playgrounds/Sourcewell Contract.................................$486,979.04
• Icon Shelter Systems/Goodbuy Contract.......................................$421,864.76
• Total Expenditures..................................................................$908,843.80
13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1571 ADDING
CHAPTER 10 TO ARTICLE 6 OF THE TUSTIN CITY CODE PROHIBITING THE
SALE OF KRATOM PRODUCTS
Adoption of Ordinance No. 1571 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.
City Council November 4, 2025
Meeting Agenda Page 10 of 11
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1571.
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.
14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1572 ADDING
CHAPTER 11 TO ARTICLE 6 OF THE TUSTIN CITY CODE REGULATING THE
SALE OF NITROUS OXIDE
Adoption of Ordinance No. 1572 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.
Recommendation: That the City Council have second reading by title only and
adoption of Ordinance No. 1572.
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.
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 18, 2025, for the
Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council November 4, 2025
Meeting Agenda Page 11 of 11