HomeMy WebLinkAbout08 PROPOSED ORDINANCE TO REGULATE THE OPERATION OF E-BIKES, BICYCLES, AND OTHER REGULATED MOBILITY DDocusign Envelope ID: 04F7BOA2-4F90-8132-81B2-354BF8C45917
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item
AGENDA REPORT Reviewed:
City Manager
Finance Director
MAY 5, 2026
ALDO E. SCHINDLER, CITY MANAGER
DAVID E. KENDIG, CITY ATTORNEY
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.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
CORRELATION TO THE STRATEGIC PLAN:
Tustin's Strategic Plan Goal A: Economic and Neighborhood Development calls for the City
to "enhance the vibrancy and quality of life in all neighborhoods and areas of the
community." Goal B: Public Safety and Protection calls for the City to "ensure Tustin is an
attractive, safe, and well -maintained community in which people feel pride." The City's
a_eS
N/A
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City Council Agenda Report
Proposed Ordinance to Regulate the Operation of E-Bikes, Bicycles,
and other Mobility Devices
May 5, 2026
Page 2
overall mission is "to provide effective, high -quality services that foster safety, quality of life,
and economic vitality throughout our community."
BACKGROUND AND DISCUSSION:
Electric bicycles and other mobility devices have become increasingly prevalent throughout
Orange County. While these devices provide mobility, sustainability, and accessibility
benefits, their use has also raised concerns regarding unsafe riding behaviors, conflicts
with pedestrians, and the operation of high-speed or modified devices. In 2025 alone, the
Tustin Police Department received 266 related calls for service, including responses to 16
e-bike-related traffic collisions.
In 2024, the Orange County Grand Jury issued a report entitled "E-Bikes — Friend or Foe"
that found that many cities lacked clear a -bike regulations, resulting in inconsistency and
confusion for riders traveling between jurisdictions, and recommended that each city in
Orange County "should have policies that define the rules of the road for the use of E-
Bikes..." Since then, cities throughout Orange County have begun adopting ordinances to
address these concerns, with an emphasis on safety, education, and enforceability.
The proposed ordinance addresses these issues by focusing on how mobility devices, such
as a -bikes are operated, rather than restricting their lawful use. This approach promotes
public safety and clarity by defining unsafe operation in practical, observable terms, while
reinforcing standards consistent with State of California law. Codifying these expectations
provides both riders and enforcement personnel with a clear and shared understanding of
acceptable conduct.
In order to ensure consistency of the regulations and clarity for the bicycle -riding and a -bike
riding public, existing bicycle regulations in the Tustin City Code would be repealed, and
the new operational regulations established in Ordinance 1576 would be applied to the
operation of bicycles and to regulated mobility devices such as e-bikes.
Key Provisions
The ordinance establishes a tiered framework for safe operation based on context and
location. It sets maximum speeds for regulated mobility devices depending on the
environment, recognizing the heightened need for caution in pedestrian -oriented areas
such as sidewalks, trails, parks, and school zones. These provisions are intended to reduce
the likelihood and severity of collisions, while maintaining reasonable access to mobility
options.
In addition to speed regulations, the ordinance addresses unsafe behaviors identified
through community feedback and enforcement experience, including riding against traffic,
performing stunts, failing to yield to pedestrians, and operating devices in areas not
intended for such use. It also prohibits modifications that increase a device's speed beyond
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City Council Agenda Report
Proposed Ordinance to Regulate the Operation of E-Bikes, Bicycles,
and other Mobility Devices
May 5, 2026
Page 3
its designated classification, addressing the growing prevalence of altered devices that fall
outside established regulatory categories.
The ordinance includes targeted provisions related to youth safety, including helmet
requirements for riders under 18 years of age, and restrictions on the operation of higher -
speed Class 3 electric bicycles by minors. These measures are intended to reduce risk
among younger riders, who are more likely to be involved in certain types of incidents.
To support enforcement, the ordinance authorizes the impoundment of devices under
specific circumstances, particularly where unsafe operation presents an immediate risk to
public safety or involves unlawful devices. It also establishes parental responsibility in
cases where minors are knowingly permitted to operate devices in violation of the code.
Together, these provisions promote accountability, while supporting a graduated and
proportionate enforcement approach.
Consistency with Peer Cities
The proposed ordinance would, if adopted, operate in parallel with recent actions taken by
other Orange County cities, including Irvine, Huntington Beach, and Yorba Linda. Each of
these cities has adopted regulations addressing the safe operation of electric bicycles and
similar devices, reflecting a broader regional response to emerging mobility trends.
While specific provisions vary, these jurisdictions share common policy approaches,
including regulating unsafe behaviors rather than prohibiting use, emphasizing education
and enforceability, and addressing youth safety and device modification. The proposed
ordinance aligns with these regional practices, helping ensure consistency across
jurisdictions and making expectations clearer for residents.
Policy Considerations
In developing the proposed ordinance, key policy considerations included alignment with
state law, clarity of enforcement, and adaptability over time. By incorporating definitions
from the California Vehicle Code, the ordinance maintains consistency with existing legal
frameworks and reduces the risk of ambiguity.
The ordinance adopts a behavior -based enforcement model, allowing flexibility in
addressing unsafe conduct without unnecessarily restricting lawful use. It also authorizes
the City Council to designate specific areas for future operational restrictions, enabling the
City to respond to evolving conditions and emerging safety concerns.
Finally, the enforcement structure supports a graduated approach, allowing violations to be
addressed through administrative citations, infractions, or misdemeanor charges
depending on severity. This ensures enforcement remains both effective and proportionate.
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City Council Agenda Report
Proposed Ordinance to Regulate the Operation of E-Bikes, Bicycles,
and other Mobility Devices
May 5, 2026
Page 4
`v-fK-
David E. Kendig,
City Attorney
Attachment:
1. 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 Devices
such as Electric Bicycles
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ORDINANCE NO. 1576
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, REPEALING SECTION 5344 (USE OF MOTORIZED CYCLES)
AND SECTION 5345 (USE OF BICYCLES), 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 DEVICES SUCH AS ELECTRIC
BICYCLES
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
FIND AND DETERMINE AS FOLLOWS:
WHEREAS, the City of Tustin, California ("City") is a municipal corporation, duly
organized and existing under the California Constitution and laws of the State of
California; and
WHEREAS, the City Council recognizes that electric bicycles have grown rapidly
in popularity with a 269% increase in sales from 2019 to 2022 with over a million electric
bicycles being sold every year; and
WHEREAS, there has been a similar increase in collisions and injuries related to
electric bicycles. Specifically, in 2025, electric bicycle injuries were the leading cause of
traumatic injuries for children under the age of 18 at Rady Children's Hospital (formerly
CHOC) which admitted 201 children to their emergency room with electric bicycle -related
traumatic injuries, compared to 1 admission in 2021. Additionally, the injuries sustained
in these accidents are almost twice as likely to involve head, neck or facial injuries
compared to non -motorized bicycles (49.1 % compared to 28.7%) and twice as likely to
require hospital admission (7.3% vs. 4.7%) Finally, Orange County had 8 confirmed
fatalities related to either electric bicycles or electric scooters in 2024, with unconfirmed
reports of a significant increase in these fatalities in 2025; and
WHEREAS, the City Council desires to promote the safe operation of electric
bicycles as well as the safety of persons using electric bicycles, electric personal assistive
mobility devices, electrically motorized boards, low -speed vehicles, motorized scooters,
shared mobility devices, and other similar vehicles (defined herein as "regulated mobility
devices"), while maximizing transportation and recreational opportunities, and promoting
the safety of persons using sidewalks in the City; and
WHEREAS, California Vehicle Code Section 21100(h) authorizes cities to regulate
the operation of bicycles on public sidewalks; and
WHEREAS, California Vehicle Code Section 21207.5 regulates the use of
motorized vehicles on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or
hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local
authority either permits or prohibits, by ordinance, that operation; and
4934-7745-2820, v. 1
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WHEREAS, recent state legislation, AB 875 (2025), added Section 22651.08 to
the California Vehicle Code, authorizing a peace officer to impound certain vehicles
having fewer than four wheels that do not qualify as an "electric bicycle" under California
law, if such vehicles are powered by an electric motor capable of exclusively propelling
such vehicle in excess of 20 mph and are being operated without a valid license to operate
the vehicle; and
WHEREAS, AB 875 also authorizes impoundment of a Class 3 electric bicycle
operated by a person under the age of 16 or who is operating a Class 3 electric bicycle
without a required helmet (in violation of state law); and
WHEREAS, without local adoption of an ordinance implementing procedures for
seizure, impoundment, storage, and release, the City lacks a clear mechanism to enforce
these new state provisions within its jurisdiction; and
WHEREAS, the City Council has determined that the provisions of this Chapter
represent reasonable measures and enforcement mechanisms that can be implemented
to promote the safe and efficient use of sidewalks, bicycle paths, bicycle lanes, trails,
streets, roads, and highways in the City pursuant to the City's police power, and are based
on compliance with other generally applicable laws, including state and federal law, and
the Tustin City Code.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein
by reference.
SECTION 2. Section 5344 (Use of Motorized Cycles) and Section 5345 (Use of
Bicycles) of the Tustin City Code are repealed.
SECTION 3. Section 5346 (Sleeping in Parked Vehicles) of the Tustin City Code
is renumbered Section 5344.
SECTION 4. Part 5 (Bicycles and Regulated Mobility Devises) of Chapter 3 (Traffic
Regulations) is hereby added to the Tustin City Code, which shall read as follows:
Chapter 3 —Traffic Regulations
Part 5 — Bicycles and Regulated Mobility Devices
Section 5345 — Definitions
In addition to the definitions set forth in Section 5311 or elsewhere in this Code, for
purposes of this Chapter, the words and phrases defined herein shall be construed in
accordance with the following definitions:
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Class 3 electric bicycle has the same meaning as in California Vehicle Code Section
312.5(a)(3), as it may be amended from time to time.
Electric bicycle has the same meaning as in California Vehicle Code Section 312.5(a),
as it may be amended from time to time.
Electric personal assistive mobility device has the same meaning as in California
Vehicle Code Section 313, as it may be amended from time to time.
Electrically motorized board has the same meaning as in California Vehicle Code
Section 313.5, as it may be amended from time to time.
Enforcement Officer means any peace officer, person designated as a Code
Enforcement Officer pursuant to Section 1.03.040 of this Code, or any City employee
designated by the City Manager or employee of the Tustin Department authorized to
administer or process violations related to this Chapter.
Low -speed vehicle has the same meaning as in California Vehicle Code Section
385.5, as it may be amended from time to time.
Motorized scooter has the same meaning as in California Vehicle Code Section 407.5,
as it may be amended from time to time.
Operate means to ride, operate, and/or otherwise control a regulated mobility device
other than walking such device.
Out -of -Class electric vehicle means any vehicle with less than four wheels that does
not meet the definition of "electric bicycle" under the California Vehicle Code but is
powered by an electric motor capable of exclusively propelling the vehicle in excess of 20
miles per hour.
Park means a public park owned, operated, and/or maintained by the City.
Regulated mobility device means electric bicycle, electric personal assistive mobility
device, electrically motorized board, low -speed vehicle, motorized scooter, shared
mobility device, and any other similar mobility device.
Shared mobility device has the same meaning as in California Civil Code Section
2505, as it may be amended from time to time.
Sidewalk means the portion of the public right-of-way between the curb line of any
street, road, highway, bicycle lane, or other thoroughfare designed for vehicular travel
and the adjacent property line, or any other paved path or walkway, which is intended for
pedestrian travel, whether publicly or privately owned and/or maintained.
Section 5346 —Unlawful Operation of Bicycles or Regulated Mobility Devices.
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It shall be unlawful and a violation of this Chapter for any person to operate a bicycle or
regulated mobility device in an unsafe manner on any street, road, highway, sidewalk,
bicycle path, bicycle lane, trail, park, or upon any private property which is held open to
the public for pedestrian travel. Operating a bicycle or regulated mobility device in an
unsafe manner including but not limited to, any one or more of the following:
(a) Violating any provision of the Tustin City Code, California Vehicle Code, or
other law or regulation applicable to the use or operation of a bicycle or
regulated mobility device.
(b) Operating on any street, road, highway, or bicycle lane against the direction of
traffic.
(c) Operating upon any unpaved trail, public drainage facility, culvert, ditch, or
channel or on any portion of public or private property held open to the public
for pedestrian travel, including playgrounds, sports fields, grass, dirt or planter
beds, other than a designated paved trail, path or roadway.
(d) Operating in a manner other than the manner in which the bicycle or regulated
mobility device was designed, including carrying more than one passenger or
carrying passengers on the regulated mobility device in a manner other than
as designed.
(e) Operating with more than two bicycles or regulated mobility devices side -by -
side.
(f) Operating at any speed greater than is reasonable or prudent under the
conditions then existing.
(g) Operating at a speed greater than 10 miles per hour on a sidewalk, park, or
other area generally open to public pedestrian access other than a bicycle path
or shared use trail.
(h) Operating at a speed greater than 5 miles per hour on any sidewalk in a school
zone or sidewalk adjacent to any school when children are present.
(i) Operating any low -speed vehicle on any sidewalk, bicycle path, bicycle lane,
shared use trail.
(j) Operating while clinging to, hitched to, or physically attached to any moving
vehicle or motorized device.
(k) Operating while allowing another person who is not a passenger to cling to or
to be physically attached to the regulated mobility device.
(1) Operating while lifting one or more wheels into the air.
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(m) Operating while failing to yield the right-of-way to all pedestrians or failing to
yield the right-of-way to a vehicle entering or exiting any street, road, or
highway from a driveway or as otherwise required by law.
(n) Operating while failing to obey any posted signs regulating operation, including
signs prohibiting operation in specific areas.
(o) Operating while holding and/or operating a handheld wireless telephone or an
electronic wireless communications device unless configured for handsfree
operation and used in that manner.
(p) Operating in a manner that damages public or private landscaping,
infrastructure, or property.
(q) Operating while swerving or riding around stopped or slowed traffic or
preventing vehicular traffic from proceeding, including street takeovers.
(r) A person under the age of 18 operating any bicycle or regulated mobility device
without a properly fitted and fastened helmet that meets the standards of either
the American Society for Testing and Materials (ASTM) or the United States
Consumer Product Safety Commission (CPSC), or standards subsequently
established by those entities.
(s) A person under the age of 18 operating a Class 3 electric bicycle.
(t) A person under the age of 16 operating a regulated mobility device while
carrying a passenger, regardless of the device's design.
(u) Tampering with or modifying a regulated mobility device so as to change the
speed capability of the device, or otherwise altering, modifying, or adjusting the
motor settings to increase the speed of the device, unless the required label
indicating the classification is appropriately replaced.
(v) Operating an Out -of -Class electric vehicle not otherwise permitted or registered
to operate on the highway.
Section 5347 — Designated and Posted Prohibited Operation Areas.
(a) City Council May Designate Prohibitions. The City Council may by resolution
designate and declare any street, road, highway, sidewalk, trail, or other area
generally open to public access, or portions thereof, to be locations where the
operation of regulated mobility devices are prohibited.
(b) City Engineer to Post Prohibitions. The City Engineer is authorized to cause
signs and/or markings to be placed giving notice of such prohibitions as
necessary to implement the regulations established by subsection (1) above.
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Section 5348 — Impoundment and Removal.
(a) If a person under the age of 18 is found in violation of any provisions of this
Chapter, and no parent or legal guardian is present, and the unsafe manner in
which the regulated mobility device was operated constitutes an immediate
danger to the health or safety of the juvenile operator or to members of the
public, the Enforcement Officer may take immediate possession of the
regulated mobility device and transport the device for safekeeping to the Tustin
Police Department facility; thereafter, the regulated mobility device shall be
released by the Tustin Police Department to the parent or legal guardian of the
person under the age of 18 and/or to the legal owner of the device over the age
of 18.
(b) An Impounding Officer is authorized to remove and impound any vehicle found
operating within the City if any of the following applies:
1) The vehicle is an Out -of -Class electric vehicle; and the operator lacks
a valid license to operate the vehicle.
2) The vehicle is a Class 3 electric bicycle and is operated by a person
under sixteen (16) years of age.
(c) The City may impose administrative charges for removal, seizure, and
storage of a seized vehicle, equal to the actual costs incurred, including but
not limited to the contractual rate charged by the City's rotational towing
companies for towing and/or storage.
(d) A vehicle pursuant to this section shall be released to the registered owner, the
operator, or their authorized agent no sooner than forty-eight (48) hours after
seizure provided:
1) A request for release is submitted during normal business hours;
and
2) All removal, seizure, and storage fees and administrative costs
have been paid.
(e) A parent or guardian of a person under the age of 18 operating an impounded
device and/or the legal owner of an impounded device over the age of 18 may
contest the removal and impoundment of the device by filing a request for a
post -storage hearing (impound hearing) as required pursuant to California
Vehicle Code Section 22852.
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(f) Any regulated mobility device or other vehicle impounded or retained by the
Police Department in excess of three months shall be disposed of pursuant
to Civil Code 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.
Section 5349 — Penalties.
(a) Except as otherwise provided by law, any violation of this chapter shall
constitute an infraction.
(b) Notwithstanding subsection (1), any violation of this chapter may be charged
as a misdemeanor in the discretion of the enforcing officer or prosecuting
authority, based upon the nature and circumstances of the violation, including
but not limited to repeat violations, willful or knowing conduct, or conditions
posing a risk to public health, safety, or welfare.
(c) Notwithstanding subsection (1), any person in violation of the provisions of this
Chapter may, at the discretion of the enforcing officer, in lieu of an infraction
penalty, be issued an administrative citation in accordance with Section 1162
of this Code in the following amounts:
(1) A fine of $100.00 for a first violation.
(2) A fine of $200.00 for a second violation of this Chapter within one year
from the date of the first violation.
(3) A fine of $500.00 for each additional violation of this Chapter within one
year from the date of the first violation.
(d) This Chapter shall not preclude or prohibit the issuance of a misdemeanor or
infraction citation to a court of competent jurisdiction for any violation of the
California Vehicle Code or other offense committed while operating a regulated
mobility device.
(e) Responsibility of parent. The parent of any child, and the guardian of any ward,
shall not authorize or knowingly permit any minor child or ward to violate any of
the provisions of this division.
(1) Any parent or guardian who knowingly authorizes or permits any minor
child to violate any of the provisions of this division may be issued a
citation for a violation of this section. The minor child committing the
violation does not need to be issued a citation for the parent to be held in
violation of this section.
(2) Upon determining that a minor has operated a regulated mobility device
in violation of this Chapter, the City may issue written notice to the minor's
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parent, legal guardian, or other adult having custody or control of the
minor. The notice may advise that:
i. Continued unsafe operation of a regulated mobility device may
result in civil liability for damages caused by the minor;
ii. Knowingly permitting, encouraging, or supplying a regulated
mobility device to a minor who is operating it in an unsafe manner
may subject the parent or guardian to criminal or civil responsibility
under applicable state law; and
iii. Failure to take reasonable steps to prevent further violations may
be considered evidence of negligent supervision or other liability as
provided by law.
Section 5350. Exemptions.
This Part shall not apply to:
(a) Wheelchairs, mobility scooters, or other assistive mobility devices used
by persons with disabilities, consistent with the Americans with Disabilities
Act and State law.
(b) Law enforcement, or other City personnel acting within the course and
scope of their official duties.
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or
more section, subsection, subdivision, sentence, clause, phrase, or
portion thereof be declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause
the same to be posted at the duly designated posting places within the
City and published once within fifteen days after passage and adoption as
may be required by law; or, in the alternative, the City Clerk may cause to
be published a summary of this Ordinance and a certified copy of the text
of this Ordinance shall be posted in the Office of the City Clerk five days
prior to the date of adoption of this Ordinance; and, within fifteen days
after adoption, the City Clerk shall cause to be published, the
aforementioned summary and shall post a certified copy of this Ordinance,
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together with the vote for and against the same, in the Office of the City
Clerk.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this day of May 2026.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify: (1) that the full title of the above and foregoing Ordinance
No. 1576 was included on the City Council's published agendas for its meetings on the
5th day of May 2026, the day of May 2026; (2) that a copy of the full ordinance was
made available to the public online and in print at the meeting prior its passage; (3) that
the whole number of the members of the City Council of the City of Tustin is five; and (4)
that the ordinance was duly and regularly introduced at the regular meeting of the City
Council held on the 5th day of May 2026 and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the _ day of May 2026, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA YASUDA,
City Clerk