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HomeMy WebLinkAboutCC MINUTES11.18.25Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 CITY 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 NOVEMBER 18, 2025 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER •+� VIDEO CONFERENCE f Austin Lumbard, Mayor Aldo E. Schindler, City Manager Erica N. Yasuda, City Clerk David E. Kendia, Citv Attornev MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3088 at 4:30 p.m. ROLL CALL — City Clerk Erica N. Yasuda noted for the record that all members were in attendance. PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 5A and 5B including conference with its real property negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; and Brian Moncrief, Deputy City Manager/Real Property. 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 City Council November 18, 2025 Meeting Minutes Page 1 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 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] (2 cases) A. Property Address/Description 15171 Del Arno Avenue Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager/Real Property Negotiating Parties KYA Services LLC Under Negotiation Price and Terms of Payment B. Property Address/Description APN 430-481-12 Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager — Real Property; Ryan Swiontek, Deputy Director of Real Property Negotiating Parties Matthew Derrick, Managing Director, CD-CW (Tustin) LLC Under Negotiation Price and Terms of Payment Recessed at 4:31 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3088 at 6:00 p.m. INVOCATION - Rabbi Marcia Tilchin, Jewish Collaborative of Orange County City Council November 18, 2025 Meeting Minutes Page 2 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 PLEDGE OF ALLEGIANCE — Council Member Fink PRESENTATION — Chief Sean Thuilliez presented an overview of the career accomplishments of Police Service Dog Roky and his handler, Officer Eric Kent, in recognition of Roky's retirement. PUBLIC INPUT — Pete Beatty (In -person) CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. CONSENT CALENDAR 1-8 — Public Input for the Consent Calendar — None Council Member Fink requested to pull Items 5 and 7. It was moved by Council Member Schnell and seconded by Mayor Pro Tern Nielsen to pull Items 5 and 7 and move 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 CLOSED SESSION MEETING AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 4, 2025. Motion: The City Council approved the Action Minutes of the City Council Special Closed Session Meeting and Regular Meeting held on November 4, 2025. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council November 18, 2025 Meeting Minutes Page 3 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 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 $1,151,573.18 and Demands in the amount of $3,941,523.62. 4. ANNUAL WATER ENTERPRISE FINANCIAL PLAN UPDATE On December 5, 2023, the City Council approved annual water rates effective January 1 of each year, with the final adjustment occurring on January 1, 2028. At the close of each fiscal year, staff reviews the financial position of the Water Enterprise and updates the Water Enterprise Financial Plan to ensure future annual rate adjustments are consistent with ongoing operating needs. Motion: The City Council received and filed this report. Fiscal Impact: There was no fiscal impact associated with this item. 5. REJECTION OF ALL BIDS FOR THE ARMSTRONG AVENUE PEDESTRIAN BRIDGE AND NEIGHBORHOOD D-SOUTH PHASE 2 PACKAGE #2 PROJECTS Staff recommended that the City Council reject all bids received for the Armstrong Avenue Pedestrian Bridge and Neighborhood D-South Phase 2 Package #2 Projects. It was moved by Council Member Fink and seconded by Mayor Lumbard that the City Council rejected all bids received for the Armstrong Avenue Pedestrian Bridge and Neighborhood D-South Phase 2 Package #2 Projects and directed the City Clerk to return all bid bonds. Roll Call Vote — City Clerk Motion carried: 5-0 Fiscal Impact: There was no fiscal impact associated with rejecting all bids received for the Armstrong Avenue Pedestrian Bridge and Neighborhood D-South Phase 2 Package #2 Projects. 6. AGREEMENT FOR TRANSFER OF OWNERSHIP OF POLICE SERVICE DOG Officer Eric Kent rotated out of the Canine Program and into the Professional Standards Division, effective November 3, 2025. Police Service Dog Roky will be retired from active service. Roky is a 10-year-old Belgian Malinois and has served as a Tustin Police Canine for seven years. Based on the unique bond between canine and handler, Officer Eric Kent has agreed to accept ownership of Roky. The Agreement for Transfer of Ownership of a Police Service Canine has been reviewed and approved by the City Attorney. City Council November 18, 2025 Meeting Minutes Page 4 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 Motion: Approved the Agreement for Transfer of Ownership for a Police Service Dog between the City of Tustin and Eric Kent (in his individual capacity) so that Roky can live out the remainder of his days with the Kent family. Fiscal Impact: Mr. Kent will pay the City the sum of $1.00 for the transfer of ownership, and he will assume all future liability, maintenance, and care. 7. RECOMMENDATION OF PROPOSALS TO PROCEED TO THE FINAL ROUND FOR THE COMPETITIVE OFFERING WITHIN THE PACIFIC CENTER EAST SPECIFIC PLAN Two (2) proposals are recommended for City Council consideration to proceed to the Final Round 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. It was moved by Council Member Fink to postpone the item to the December 2, 2025, City Council meeting. The motion did not receive a second. It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Nielsen that the City Council authorized staff and the City's broker Jones Lang LaSalle to inform two (2) proposers from the competitive offering for Planning Area 10 of the Pacific Center East Specific Plan that they will be proceeding to the Final Round. Roll Call Vote — City Clerk Motion carried: 4-1 (Council Member Fink dissented) Fiscal Impact: There was no fiscal impact associated with this item. 8. EXTENSION TO CONSULTANT SERVICES AGREEMENT WITH JPW COMMUNICATIONS FOR TUSTIN LEGACY OUTREACH AND COMMUNICATIONS SERVICES Proposed extension to the Consultant Services Agreement with JPW Communications for continued outreach and communications support for the Tustin Legacy project. The continuation builds upon the successful outreach and communications campaigns JPW has conducted throughout 2024-2025. The next phase of outreach activities continues to reflect a deliberate and structured approach to sustaining meaningful public engagement as the City advances the Tustin Legacy project. Building on JPW's demonstrated success in increasing awareness, participation, and transparency, the planned series of outreach activities is intended to invite the community through a thoughtful progression of opportunities to learn, respond, and provide meaningful input. The activities move from initial information -gathering to more interactive formats, ultimately supporting informed City Council November 18, 2025 Meeting Minutes Page 5 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 direction from the City Council. Together, these steps enable residents, stakeholders, and regional partners to remain closely connected to the project's development and that their feedback continues to shape its long-term vision. Motion: The City Council authorized the City Manager or designee to execute an extension of the Consultant Services Agreement with JPW Communications, subject to non -substantive additions or modifications as may be deemed necessary and/or recommended by the City Attorney. Fiscal Impact: The proposed extension of the Consultant Services Agreement with JPW Communications was not to exceed $250,000. Sufficient funds were appropriated in the Fiscal Year 2025-2026 budget. PUBLIC HEARING ITEM 9. SECOND READING AND PUBLIC HEARING 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 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. 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. Public Hearing opened at 6:27 p.m. Mariam Madjlessi, Building Official, provided a PowerPoint presentation. Public Input — None City Council November 18, 2025 Meeting Minutes Page 6 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 Public Hearing closed at 6:35 p.m. It was moved by Council Member Schnell and seconded by Mayor Pro Tern Nielsen to conduct the second reading and adopt Ordinance No. 1569 in accordance with California Government Code Title 5, Division 1, Part 1, as referenced in Building Standards Bulletin 25-02. Roll Call Vote — City Clerk Motion carried: 5-0 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. RESOLUTION NO. 25-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE NECESSARY CERTAIN MODIFICATIONS AND CHANGES TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE Fiscal Impact: There was no fiscal impact associated with this item. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Aldo E. Schindler Announced Thursday, November 20, 2025, will be the first day for two new police recruits with the Tustin Police Department; both recruits graduated from the Orange County Sheriff's Academy; they will be sworn in immediately after graduation and will begin their five -month City Council November 18, 2025 Meeting Minutes Page 7 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 training program; they will be serving the Tustin community shortly after. Announced the Compass at Red Hill Project by Meritage Homes at the vacant lot off Red Hill Avenue, north of El Camino Real Avenue, is progressing; the demolition permit and the remainder of the building permits should be issued by the end of the year. Announced the new Tustin Kia Dealership is ready to host their grand opening; invitations will be received shortly; the event is tentatively scheduled for December 18, 2025, at 5:00 PM. City Attorney David E. Kendig No report. Councilmember Fink Announced the demolition of the old Del Taco building on the east side of Red Hill Avenue is being held up due to gas issues; staff is working with the Southern California Gas Company to expedite the issues. Announced a happy belated 250th birthday to the United States Marine Corps which was on November 10, 2025. NnvPmhPr 5 Attended the Tustin Chamber of Commerce 2025 Best of Tustin Awards Luncheon; was a great event. November 8 Attended the Tustin Veterans Day Celebration and Car Show at Veterans Sports Park. November 15 Attended the Orange County Book Fair; was an independent book fair centered in Old Town Tustin; the attendance was excellent; was a great showcase for the community. November 17 • Attended the Tustin Chamber of Commerce Top of the Morning Tustin breakfast; Tustin Police Chief Thuilliez was the speaker. • Attended the Planning Commission meeting. Attended the User Fee Ad Hoc Committee meeting with Council Member Gallagher. Announced Operation Warm Wishes 18th Annual Unity in the Community Thanksgiving Spectacular on November 27, 2025, at Peppertree Park. Announced the Veterans Cemetery Hearing scheduled for November 21, 2025, from 10:00 to 11:30 a.m. at the Anaheim Council Chambers; the meeting is related to the ongoing efforts to establish the Southern California State Veterans Cemetery in Orange County. City Council November 18, 2025 Meeting Minutes Page 8 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 Mentioned residents have spoken to him regarding parking permits on B Street; staff is looking into the issue. Announced would like to ensure that smoke shops in Tustin are in compliance with the cannabis ordinance. Announced November 20, 2025, is Transgender Day of Remembrance. Council Member Schnell November 5 Attended the Tustin Chamber of Commerce 2025 Best of Tustin Awards Luncheon; was a great event; very proud of the Chamber's energy and leadership November 13 Attended the Transportation Corridor Agencies (TCA) Board meeting; two main items were discussed: 1. An unmodified opinion of the financial statements was provided; TCA is a well - funded, well -operated organization. 2. Approved the toll enforcement services with the California Highway Patrol. November 17 Attended the Tustin Chamber of Commerce Top of the Morning Tustin breakfast; Council Member Gallagher and Council Member Fink were in attendance; Tustin Police Chief Thuilliez provided an excellent presentation. November 18 Met with the groundskeeping employees at the El Toro Memorial Park; the employees have a wonderful passion for serving and honoring the memories of those who have passed away; very impressed with their dedication. Announced will be attending the City of Hope Orange County Grand Opening Ceremony on November 19, 2025. Announced will be attending the Tustin Community Foundation Mayor's Thanksgiving Breakfast on November 20, 2025, at the Salvation Army Tustin Ranch Church. Announced will be attending the Tustin Police Department Thanksgiving Meal Distribution on November 27, 2025, at the Tustin Family and Youth Center. Council Member Gallagher Expressed gratitude to the Tustin city staff; appreciates the quick responsiveness of staff to the residents; hopes everyone enjoys their Thanksgiving. Mayor Pro Tem Nielsen City Council November 18, 2025 Meeting Minutes Page 9 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 Congratulated the Tustin Police Department for receiving the Traffic Safety Awards $115,000 Grant from the California Office of Traffic Safety for traffic safety. November 5 Attended the Tustin Chamber of Commerce 2025 Best of Tustin Awards Luncheon; was a great event; congratulated the Chamber for a wonderful event. NnvPmhPr R Attended the Tustin Veterans Day Celebration and Car Show at Veterans Sports Park; complimented Mayor Lumbard for his speech; complimented city staff for coordinating a great event; enjoyed having the Car Show as well. November 12 Attended the funeral for Gary Richard Siegel; remarked that it was a great service. November 15 Attended the Scouting America Orange County Council, We Change Lives Gala at the Disneyland Hotel; Orange County Schools Superintendent Dr. Stefan Bean was an honoree; the event raised a lot of money. Announced will be attending the Tustin Community Foundation Mayor's Thanksgiving Breakfast on November 20, 2025, at the Salvation Army Tustin Ranch Church. Announced the passing of long-time community volunteer Don Ropele; Don was a great guy who will be missed. Wished everyone a Happy Thanksgiving. Mayor Lumbard Announced Upcoming Events: Fall Break Camp Monday, November 24t" —Wednesday, November 26t" 8:00 - 5:00 pm Columbus Tustin Recreation Center Accepting Applications for the Public Art Commission Deadline is Wednesday, November 26' City Hall Closed in Observance of Thanksgiving Thursday, November 27t" - Friday, November 28t" City Council November 18, 2025 Meeting Minutes Page 10 of 11 Docusign Envelope ID: 0613E4E6-2E40-4798-9FB1-170065EC8F85 ADJOURNED IN MEMORY OF DON ROPELE ADJOURNED at 6:54 p.m. The next meeting is scheduled on Tuesday, December 2, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. Signed by: AUtnlqEtMBARD, Mayor Signed by: ER I DN"OYASJ DA, DS City Clerk City Council Meeting Minutes November 18, 2025 Page 11 of 11