The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 5.5.26CITY OF TUSTIN MEETING MAY 5, 2026 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN f COUNCIL CHAMBER VIDEO CONFERENCE r Ray Schnell, Mayor Pro Tern Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager Lee K. Fink, Council Member Erica N. Yasuda, City Clerk John Nielsen, Council Member 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 May 5, 2026 Meeting Agenda Page 1 of 8 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 May 5, 2026 Meeting Agenda Page 2 of 8 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER — #3098 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), (e)(2), (e)(3), (e)(5): (1 case) 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)): (2 cases) A. Emily Garcia, et al. v. City of Tustin, et al.; U.S. Dist. Ct. C.D.Cal., Case No. 8:22-cv-00131-SPG-KES B. Fadi Mansour, et al., v. City of Tustin, et al.; Orange County Sup. Ct, Case No. 30-2026-01560941-CU-OR-NJC 5. 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 May 5, 2026 Meeting Agenda Page 3 of 8 REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3098 INVOCATION - Dr. Deana Helmy - Islamic Shura Council of Southern California PLEDGE OF ALLEGIANCE — Mayor Pro Tern Schnell PRESENTATION - Historic Preservation Week 2026 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 1-9) 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 SPECIAL CLOSED SESSION MEETING AND REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 21, 2026. Recommendation: That the City Council approve the Action Minutes of the City Council Special Closed Session Meeting and the Regular Meeting held on April 21, 2026. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council May 5, 2026 Meeting Agenda Page 4 of 8 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 $1,185,115.70 and Demands in the amount of $2,278,564.66. 4. 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, August 5, 2025, September 16, 2025, November 4, 2025, December 16, 2025, February 3, 2026, and March 17, 2026, 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: Recommended that the City Council adopt Resolution 26-20 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 NO. 26-20 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. 5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDED MARCH 31, 2026 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: Recommended the City Council receive and file the report. Fiscal Impact: There is no fiscal impact associated with this item. City Council May 5, 2026 Meeting Agenda Page 5 of 8 6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT — QUARTER THREE AND QUARTER FOUR, 2025 This agenda report transmits the John Wayne Airport Noise Abatement Quarterly Report covering the third and fourth 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: Recommend the City Council receive and file the report. Fiscal Impact: There is no fiscal impact associated with this item. 7. APPROVE AGREEMENT WITH DAVIS FARR LLP FOR INDEPENDENT AUDIT SERVICES The City issued a Request for Proposal (RFP) for professional auditing services and received eight proposals. The Audit Commission appointed an Ad -Hoc Committee, consisting of Chair Lillyan Chandler and Commissioner John Wende, to evaluate proposals from the top ranked audit firms. On April 23, 2026, the Audit Commission received feedback from the Ad Hoc Committee. After deliberation, the Audit Commission recommended that the City Council approve a service agreement with Davis Farr LLP as the City's independent auditor. Recommendation: Recommend the City Council: 1. Approve a professional service agreement with David Farr LLP as the independent certified public accounting firm to perform auditing services for three years beginning with the fiscal year ending June 30, 2026, with the option of providing the same services for two subsequent fiscal years. 2. Authorize the City Manager or designee to execute necessary contract documents and subsequent amendments with Davis Farr LLP subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City Attorney. Fiscal Impact: The all-inclusive fee proposed by Davis Farr LLP for the fiscal year ending June 30, 2026 is $54,240. The Fiscal Year 2026-2027 proposed budget includes sufficient funding to cover the scope of work associated with this agreement. Total maximum cost over a five-year contract term (initial three years plus two optional years if exercised) is $281,336 and will be incorporated in the annual proposed budget for Council's consideration. City Council May 5, 2026 Meeting Agenda Page 6 of 8 8. PROPOSED ORDINANCE TO REGULATE THE OPERATION OF E-BIKES, BICYCLES AND OTHER REGULATED MOBILITY DEVICES The proposed ordinance would establish operational, safety, and enforcement regulations for bicycles, electric bicycles, and other regulated mobility devices within the City. The intended purpose of the ordinance is to address increasing safety concerns, clarify permissible conduct, and provide enforcement tools to address unsafe riding behaviors on bicycles, e-bikes, and other regulated mobility devices. The proposed framework emphasizes behavior -based regulation, focusing on unsafe operation, rather than restricting the safe and lawful use of mobility devices. Recommendation: Recommend the City Council introduce and conduct first reading by title only of Ordinance No. 1576 repealing Section 5344 (Use of Motorized Cycles) and Section 5345 (Use of Bicycles) of the Tustin City Code, and adding new Part 5 (Bicycles and Regulated Mobility Devices) to Chapter 3 (Traffic Regulations) of the Tustin City Code regarding operation of bicycles and regulated Mobility Operation of Bicycles and Regulated Mobility Devices such as Electric Bicycles, and schedule the ordinance adoption for the City Council's next scheduled regular meeting. ORDINANCE NO. 1576 AN ORDINANCE OF THE CITY CALIFORNIA, REPEALING SECTION SECTION 5345 (USE OF BICYCLE AND REGULATED MOBILITY C REGULATIONS) OF THE TUSTIN C COUNCIL OF THE CITY OF TUSTIN, 5344 (USE OF MOTORIZED CYCLES) AND i, AND ADDING NEW PART 5 (BICYCLES VICES) TO CHAPTER 3 (TRAFFIC ITY CODE REGARDING OPERATION OF BICYCLES AND REGULATED MOBILITY DEVICES SUCH AS ELECTRIC BICYCLES Fiscal Impact: There is no fiscal impact associated with this item. 9. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CAMINO REAL PARK PLAYGROUND RENOVATION The Camino Real Park Phase 1 Playground Renovation has been completed, and is now ready for City Council acceptance. Phase 2 of the project, the Picnic Shelter Renovation, has been budgeted but is not yet complete and is not included in this Notice of Completion. Recommendation: Recommend the City Council: 1. Adopt Resolution No. 26-21 accepting the Camino Real Park Phase 1 Playground Renovation, and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office for Phase 1 only. City Council May 5, 2026 Meeting Agenda Page 7 of 8 RESOLUTION NO. 26-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE CAMINO REAL PARK PLAYGROUND (CIP NO. 20096) Fiscal Impact: On November 4, 2025, the City Council authorized an appropriation in the FY 2025/2026 Capital Improvement Program from the Park Development Fund in the amount of $ 1,000,000 for the Camino Real Playground and Picnic Shelter Renovation project (CIP No. 20096) which consists of two separate phases under distinct contracts. Project allocations included: Phase 1 Playground - Innovative Playgrounds.........................$486,979.04 Phase 2 Picnic Shelter - Icon Shelter Systems.........................$421,864.76 Total Contract Expenditures..............................................$908,843.80 The final cost of the playground renovation contract was $486,979.04, with no change orders under the original scope of work. Phase 2 (Picnic Shelter Renovation) is currently in progress and will be presented to City Council for acceptance at a later date. REGULAR BUSINESS ITEM 10 10. FISCAL YEAR 2026-2027 BUDGET WORKSHOP This report highlights key preliminary revenue and expense projections and outlines the proposed projects that will help shape the proposed Fiscal Year 2026-2027 Operating and Capital Improvement Program budget to be considered for adoption by the City Council in June. Recommendation: Provide feedback to staff regarding budgetary assumptions and potential options for future City Council consideration during the upcoming annual budget adoption. Fiscal Impact: There is no fiscal impact associated with the Budget Workshop. The City Council will consider the proposed budget for Fiscal Year 2026-2027 in June. 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, May 19, 2026, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council May 5, 2026 Meeting Agenda Page 8 of 8