HomeMy WebLinkAboutCC MINUTES 5.05.26Docusign Envelope ID: 596FOAFA-3ABA-8752-83F7-7728FBE56CDA
CITY OF TUSTIN MEETING MAY 5, 2026
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Ray Schnell, Mayor Pro Tem
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. Kendia, Citv Attornev
MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
5:00 P.M.
CALL TO ORDER — #3098 at 5:00 p.m.
ROLL CALL — City Clerk Erica N. Yasuda noted for the record that all members were
present with the exception of Mayor Pro Tern Schnell who arrived at 5:10 p.m.
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council convened to
discuss Items 4A and 4B as they appear on the closed session agenda.
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
City Council May 5, 2026
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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
Recessed at 5:01 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER — #3098 at 6:02 p.m.
INVOCATION - Dr. Deana Helmy, Islamic Shura Council of Southern California
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Schnell
PRESENTATION — Senior Planner Erica Demkowicz provided a PowerPoint presentation
regarding planned activities in recognition of Historic Preservation Week 2026.
PUBLIC INPUT —
1. Leslie H.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
CONSENT CALENDAR ITEMS 1-9 -
PUBLIC INPUT FOR CONSENT CALENDAR ITEMS — None
City Council May 5, 2026
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Mayor Lumbard noted for the record that three comments were received for Item 8 which
were distributed to the City Council and made available on the City's website.
Council Member Fink and City Attorney David E. Kendig requested to pull Item No. 8.
Council Member Fink requested to pull Item No. 9.
It was moved by Mayor Pro Tern Schnell and seconded by Council Member Gallagher to
pull Items 8 and 9, and approve 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
REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 21, 2026.
Motion: The City Council approved 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
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 $1,185,115.70 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
City Council May 5, 2026
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recommends that the City Council once again review and determine that the need
exists to continue the local emergency, as required by State law.
Motion: The City Council adopted 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 was 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.
Motion: The City Council received and filed the report.
Fiscal Impact: There was no fiscal impact associated with this item.
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.
Motion: The City Council received and filed the report.
Fiscal Impact: There was no fiscal impact associated with this item.
7. APPROVE AGREEMENT WITH DAVIS FARR LLP FOR INDEPENDENT AUDIT
SERVICES
City Council May 5, 2026
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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.
Motion: The City Council:
1. Approved 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. Authorized 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.
8. PROPOSED ORDINANCE TO REGULATE THE OPERATION OF E-BIKES,
BICYCLES AND OTHER REGULATED MOBILITY DEVICES
City Attorney David E. Kendig presented a minor revision to the ordinance language
in Section 5346, subsection e, for the City Council's consideration.
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.
It was moved by Council Member Fink and seconded by Mayor Lumbard that the City
Council introduced and conducted 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
City Council May 5, 2026
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Mobility Devices such as Electric Bicycles, and scheduled the ordinance adoption for
the City Council's next scheduled regular meeting.
Roll Call Vote — City Clerk
Motion carried: 5-0
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
Fiscal Impact: There was 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.
It was moved by Council Member Fink and seconded by Mayor Pro Tem Schnell that
the City Council:
1. Adopted Resolution No. 26-21 accepting the Camino Real Park Phase 1
Playground Renovation, and
2. Authorized the City Clerk to file the Notice of Completion with the County
Recorder's office for Phase 1 only.
Roll Call Vote — City Clerk
Motion carried: 5-0
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
City Council May 5, 2026
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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.
Aldo E. Schindler, City Manager, provided opening remarks, followed by a budget
video and PowerPoint presentation provided by Jennifer King, Director of Finance.
Public Input — None
The City Council provided feedback to staff regarding budgetary assumptions and
potential options for future City Council consideration during the upcoming annual
budget adoption.
Fiscal Impact: There was 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
City Manager Aldo E. Schindler
Shared that the State of California is entering a critical path in their budget phase, with major
funding decisions to be made in the coming weeks; the City is tracking its opportunities to
apply for State funding and will continue to share updates about these opportunities.
Announced that Officer Lauren Clark has been nominated to receive a Mothers Against
City Council May 5, 2026
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Drunk Driving award for making 15 driving under the influence (DUI) arrests in 2025; added
that the City is very proud of her efforts.
City Attorney David E. Kendig
No report.
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Nielsen
April 22
• Attended the ribbon cutting for Tustin Buick GMC's new Commercial Fleet Center at
the Tustin Auto Mall; is happy to see the Auto Mall continue to expand and is grateful
for the Center for their contributions to the success of the City; commented it was a
nice event; shared the event was attended by Mayor Pro Tern Schnell and Council
Member Fink.
• Attended the first of the two Tustin Legacy Workshops; enjoyed hearing input from
residents about future developments in Tustin Legacy and added that the Tustin
Legacy video featured at the workshops was wonderful; shared that the community
can view the video by visiting the City's website.
April 23
Attended the second of the two Tustin Legacy Workshops; thanked all City staff for their
participation and assistance with facilitating input and discussion.
April 28
Attended the Senior Advisory Board meeting at the Tustin Area Senior Center; discussed
several items but emphasized that the community should visit the Senior Center as they
have introduced new updates to the facility such as flooring and host great programs such
as bingo; added that bingo is a great fundraiser for the Senior Center.
April 30
Attended the Tustin Police Foundation's 2026 Awards Banquet; thanked the Tustin Police
Foundation and all involved in the event, including Police Chief Sean Thuilliez and the patrol
officers in attendance; commented the event was well -attended at Even House and enjoyed
the evening; was proud of those who were given awards and is proud to have the best police
department in Orange County.
Council Member Fink
Thanked the Parks and Recreation Department staff; commented that he received a report
that home plate at the Peppertree Park ballfield had been dug up; added that the Parks and
Recreation Department was quick to fix the issue and is happy to report that the field is
ready for public use.
City Council May 5, 2026
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April 23
Attended the Library Advisory Board Executive Committee meeting; focused on the annual
budget for the County Public Libraries; the budget is in good shape following the exit of the
Irvine Public Libraries from the Orange County Library system, freeing up around $13 million
of the roughly $18 million annual budget, which is funded directly by property tax; the
transition of Irvine Public Libraries out of the County system is mostly complete, and the
Library Advisory Board continues to track the impact of Irvine's exit on the County Library
system.
Announced that a library vending machine is on order and will be available for use at
Veterans Sports Park soon; will allow the public to check out and return books in a second
location apart from the Tustin Library.
April 22
Attended the Tustin Legacy Workshop; added he appreciated the effort from the community
and staff; asked the community to provide feedback to the City Council and City on what
they would like to see in the plans for Tustin Legacy, including the North and South Hangar
sites; understands several ideas are at play, but encouraged the community to voice their
ideas.
Added he was vacationing in New York City last week and walked the High Line and Central
Park; added that their infrastructure could inform our future plans for Tustin Legacy.
May 15
Announced he will host office hours at the Tustin Library on Friday, May 15 from 3-5 p.m.;
encouraged the community to attend.
Addressed the suggested rebranding of the Federal Department of Defense to the
Department of War; expressed that the community voice their opinions to redirect use of
monies toward projects such as the North and South Hangars.
Council Member Gallagher
April 23
Attended the Tustin Legacy Workshops; commented that staff did a great job engaging with
the community and looks forward to seeing the consolidated feedback collected from
community input.
Announced that the first Thursday in May is the National Day of Prayer, which will be on
Thursday, May 7 this year; the day was created in 1952, and Thursday will be the 74tn
anniversary; added that he will be praying for peace.
Mayor Pro Tem Schnell
Wished all in attendance a Happy Cinco de Mayo; added that it commemorates the Mexican
Army's victory over French forces at the Battle of Puebla on May 5, 1862 and became a
symbol of resistance and national unity; celebrations in the United States in California began
City Council May 5, 2026
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in 1862 and 1863, and Mexican Americans in the Southwest held these celebrations as a
display of resistance against French intervention in Mexico and a celebration of their cultural
heritage.
Congratulated his daughter for passing her driving test and earning her Driver's License.
April 22
Attended the Tustin Legacy Workshop; thanked Assistant City Manager Nicole Bernard for
organizing a great workshop; emphasized that staff and JPW Communications did a great
job with the community engagement; the Tustin Legacy video, and refreshments were
outstanding; thanked William Johnson for participating in the event.
April 23
Attended Coffee with a Cop at the McDonald's on Red Hill Avenue; added that he was able
to enjoy food and coffee, meet the owner of the McDonald's location, and spend time with
Chief Sean Thuilliez and Police Department personnel.
May 6
Will attend the Orange County Business Council's Healthcare Forum for the fourth year; top
executives from Orange County's largest hospitals and healthcare systems will discuss the
innovations affecting healthcare; added that it is time well spent and enjoys connecting with
the group.
Wished everyone a happy Cinco de Mayo.
Mayor Lumbard
April 22
Attended the Tustin Legacy Workshop; thanked Assistant City Manager Nicole Bernard,
City Clerk Erica Yasuda and her staff, and all other City staff who assisted with and
participated in the event; reflected that the consistent involvement of City employees and
taking the opportunity to engage with the community is unique to Tustin; appreciated their
efforts and thanked all involved in the event.
April 23
Attended the Orange County Fire Authority Board of Directors meeting; discussed the
annual budget and added that their budget is strong due to pension paydown plans; is
grateful to have a partnership with the Orange County Fire Authority.
April 29
Attended the Tustin Community Foundation joint Interfaith Connect and Nonprofit Connect;
Tustin Library Branch Manager Stephanie Anson Higgins gave a presentation on summer
programs at the library during the meeting; added that the Tustin Library is the most visited
library in the Orange County system.
April 30
Attended the Tustin Police Foundation's 2026 Awards Banquet; thanked the Tustin Police
Foundation for the invitation; added that he as well as Council Member Nielsen sat with
City Council May 5, 2026
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command staff; appreciated the comments made by the President of the Tustin Police
Officer Association during his speech, particularly his statement that while the Tustin
community is grateful for the service of the Tustin Police Department, the Department is
equally grateful for the opportunity to serve the Tustin community.
Announced the following upcoming events.
Priority Summer Registration for Tustin Residents
Announced that priority Summer Registration for Tustin residents through the Tustin Parks
and Recreation Department begins on Wednesday, May 6 at 5:00 a.m., and registration
opens to non-residents on Friday, May 8 at 7:30 a.m.
3rd Annual Historic Preservation Week
The 3rd Annual Historic Preservation Week will take place from Saturday, May 16 through
Saturday, May 23, with various events scheduled throughout the week; for a full schedule,
visit TustinCA.org/HistoricPreservationWeek.
Save the Date — Sunset Market
Announced the return of Sunset Market; Sunset Market will take place every third Thursday
of the month, May 21 through September 17 from 5-8:30 p.m. in Old Town Tustin.
ADJOURNED at 7:45 p.m. 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.
AUSTIN LUMBARD,
Mayor
15ic& N, a.Su.j,a Gf
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ERICA N. YASUDA,
City Clerk
City Council May 5, 2026
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