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HomeMy WebLinkAbout02 CC MINUTES 5.19.26Docusign Envelope ID: 5E693EF1-827F-89F3-81 1 1-EAC5C69344D1 CITY OF TUSTIN MEETING OF THE CITY COUNCIL Ray Schnell, Mayor Pro Tern Ryan Gallagher, Council Member Lee K. Fink, Council Member John Nielsen, Council Member Agenda Item 2 Reviewed: City Manager a`LS Finance Director N/A MAY 19, 2026 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Austin Lumbard, Mayor Aldo E. Schindler, City Manager Erica N. Yasuda, City Clerk David E. Kendig, City Attorney MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3099 at 5:30 p.m. ROLL CALL — City Clerk Erica N. Yasuda noted for the record that all members were present. PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The City Council will convene to discuss Items 4 and 5 as they appear on the 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 19, 2026 Meeting Minutes Page 1 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-81 1 1-EAC5C69344D1 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)): (1 case) A. Hank Johnson v. City of Tustin, Orange County Superior Case No. 30-2024- 01436974-CU-PO-CJC 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 5:31 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER — #3099 at 6:02 p.m. INVOCATION - Rev. Dr. Anette Rihovsky, Tustin Presbyterian Church PLEDGE OF ALLEGIANCE — Mayor Lumbard PRESENTATION — Mayor Lumbard presented a proclamation to Orange County Fire Authority Division Chief Morganstern recognizing Drowning Prevention and Awareness. PUBLIC INPUT — 1. Leslie H. (In -person) 2. Kristen Maahs (In -person) 3. Matthew Bicaki (In -person) CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no reportable action. CONSENT CALENDAR ITEMS 1-11 — PUBLIC INPUT FOR CONSENT CALENDAR ITEMS — City Council May 19, 2026 Meeting Minutes Page 2 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-8111-EAC5C69344D1 1. John Garay Council Member Fink and Council Member Nielsen requested to pull Item No. 5. Council Member Fink requested to pull Item No. 7. It was moved by Mayor Pro Tern Schnell and seconded by Council Member Nielsen to pull Items 5 and 7, 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 MAY 5, 2026. Motion: The City Council approved the Action Minutes of the City Council Special Closed Session Meeting and the Regular Meeting held on May 5, 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 $1,150,427.42 and Demands in the amount of $1,852,317.10. 4. REVIEW OF CITY'S CONFLICT OF INTEREST CODE The Political Reform Act requires that no later than July 1 st of each even -numbered year, the City Council direct a review of the City's Conflict of Interest Code. Motion: The City Council directed the City Attorney, or designee, to have the City's Conflict of Interest Code reviewed, file a statement of review with the City Council no later than October 1, 2026, and revise the Conflict of Interest Code based upon such review, if necessary. Fiscal Impact: There was no fiscal impact associated with this item. 5. ORANGE COUNTY ANIMAL CARE SERVICES AGREEMENT City Council May 19, 2026 Meeting Minutes Page 3 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-81 1 1-EAC5C69344D1 The City of Tustin currently contracts with Orange County Animal Care Services for animal control, animal care, animal shelter, animal licensing, and barking dog complaint services. The existing Agreement for Provisions of Orange County Animal Care Services with the County of Orange and the City of Tustin is scheduled to expire on May 30, 2026. To ensure uninterrupted services, staff recommends that the City Council approve a new five-year Agreement with the County of Orange. Motion: It was moved by Council Member Nielsen and seconded by Mayor Pro Tern Schnell that the City Council took the following actions: 1. Approved the Agreement for Provisions of Orange County Animal Care Services between the County of Orange and the City of Tustin for the period of May 31,2026, through May 30, 2031; and 2. Authorized the City Manager or designee to execute the Agreement for Provision of Orange County Animal Care Services between the County of Orange and the City of Tustin for ongoing services. Roll Call Vote — City Clerk Motion carried: 5-0 Fiscal Impact: The current estimated cost for this agreement in Fiscal Year 2026-27 is $1.35 million, which will be incorporated into the proposed Fiscal Year 2026-27 budget. 6. APPROVE THE AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT Approval of this agreement between the County of Orange, the Orange County Flood Control District, and the participating Orange County cities will update the existing agreement with alignment of evolving regulatory stormwater requirements, while introducing additional flexibility for watershed specific sub -area programs and projects. The agreement will also authorize the City Manager or their designee with a more active role in defining an annual regional stormwater budget, allowing for consistency with the City's annual budget process. Motion: The City Council: Approved the Amended and Restated National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement between the County of Orange, Orange County Flood Control District, and participating Orange County cities; and City Council May 19, 2026 Meeting Minutes Page 4 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-8111-EAC5C69344D1 2. Authorized the City Manager to execute the Agreement and any related documents necessary to implement the terms of the Agreement. Fiscal Impact: The City's financial contribution is calculated annually based on its proportional share of land area and population, as outlined in the agreement. In recent years, the City's contribution has been approximately $132,000 annually. Future costs will vary depending on the approved annual program work plans, regulatory requirements imposed by the state, and participation in optional watershed specific sub -programs. The adopted Fiscal Year (FY) 2025-2026 Operating Budget includes funding for the City's continued participation and has been included in the proposed FY 2026-2027 Operating Budget. All future costs will be incorporated and recommended as part of the City's annual budget process. 7. AWARD CONSTRUCTION CONTRACT FOR THE LEGACY PARK IMPROVEMENTS PROJECT Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Legacy Park Improvements Project. Motion: It was moved by Council Member Fink and seconded by Mayor Lumbard that the City Council: 1. Awarded a construction contract to the lowest responsive/responsible bidder, Superb Engineering in the amount of $625,150.04 for the Legacy Park Improvements Project; and 2. Authorized the remaining $76,149.96 of State Appropriation funding to the project contingency; and 3. Authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City. Roll Call Vote — City Clerk Motion carried: 5-0 Fiscal Impact: Funding for this project was sponsored by Assembly Member Cottie Petrie -Norris. The Fiscal Year 2023/24 California State Budget included an appropriation in the amount of $750,000 for the Legacy Park Improvements Project. Of the grant amount, $22,000 has been spent on pre -construction activities, and the remaining appropriation of $728,000 is available for the construction phase. Construction expenses include: • Construction Contract................................................................... $625,150.04 • Remaining Design Costs................................................................ $26,700.00 • Contingency.................................................................................... $76,149.96 • Total Budget Remaining............................................................... $728,000.00 City Council May 19, 2026 Meeting Minutes Page 5 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-8111-EAC5C69344D1 8. EXTENSION TO SERVICES AGREEMENT WITH SECURITAS SECURITY SERVICES USA, INC. Consideration of a 12-month extension of the Services Agreement with Securitas Security Services USA, Inc. for on -site security guard services for the South Hangar at Tustin Legacy. Motion: The City Council authorized the City Manager or designee to execute the First Amendment to the Services Agreement with Securitas Security Services USA, Inc., extending the term for one year, until May 31, 2027, subject to non -substantive additions or modifications as may be deemed necessary and/or recommended by the City Attorney. Fiscal Impact: The proposed compensation for the First Amendment to the Services Agreement with Securitas Security Services USA, Inc. is not to exceed $746,750 total for the period of June 2026 through May 2027. Adequate funds are included in the forthcoming Fiscal Year 2026-2027 Budget. 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1576 REGULATING THE OPERATION OF E-BIKES, BICYCLES AND OTHER REGULATED MOBILITY DEVICES Adoption of Ordinance No. 1576 establishes 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 e-bikes, bicycles, and other regulated mobility devices. Motion: The City Council had second reading by title only and adoption of Ordinance No. 1576. 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. 10. EXCLUSIVE NEGOTIATING AGREEMENT WITH LPC WEST LP FOR AN APPROXIMATELY 11 ACRE SITE WITHIN THE PACIFIC CENTER EAST SPECIFIC PLAN AREA City Council May 19, 2026 Meeting Minutes Page 6 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-81 1 1-EAC5C69344D1 Request for authorization to enter into an Exclusive Negotiating Agreement with LPC West LP for the disposition and development of Planning Area 10 of the Pacific Center East Specific Plan. The staff supported recommendation is made by a Mayor appointed Ad Hoc Committee composed of Mayor Pro -Tern Schnell and Councilmember Gallagher. Motion: Authorized the City Manager to execute the Exclusive Negotiating Agreement between the City and LPC West LP in the form attached hereto, subject to any non -substantive modifications as may be recommended by the City's special real estate counsel or the City Attorney. Fiscal Impact: Concurrent with the execution of the Exclusive Negotiating Agreement, LPC West LP will submit a good faith deposit of $250,000 to be applied toward staff and third -party costs incurred by the City including the retention of legal counsel associated with the negotiation. These costs are separate from entitlement expenses that will be borne by LPC West LP. 11. PUBLIC ART COMMISSION APPOINTMENTS AND COMMUNITY SERVICES COMMISSION APPOINTMENT City Council approval is required for the Mayor's Public Art Commission and Community Services Commission appointments. Motion: Approved the Mayor's appointment of Charlie Sarosy to the Community Services Commission and reappointed Erin Bruner, Kristi Martin and Medha Paliwal to the Public Art Commission. Fiscal Impact: There was no fiscal impact associated with this item. REGULAR BUSINESS ITEMS 12-13 12. CONSIDERATION OF POLICIES REGARDING PUBLIC PARTICIPATION, AND TECHNOLOGY DISRUPTION, IN ACCORDANCE WITH SENATE BILL 707 Senate Bill 707 amended the Ralph M. Brown Act to require the City to adopt certain policies for City Council meetings and to implement certain processes by July 1, 2026. In accordance with Senate Bill 707, this item includes a proposed Public Participation and Outreach Plan, and a Technology Disruption Policy, and summarizes other requirements with which the City is complying. Motion: It was moved by Council Member Gallagher and seconded by Mayor Pro Tern Schnell that the City Council: 1. Adopted Resolution 26-22 approving a Technology Disruption Policy in the form attached as Attachment 1; and 2. Adopted Resolution 26-23 implementing S.B. 707 and encouraging residents to participate in public meetings, in the form attached as Attachment 2. City Council May 19, 2026 Meeting Minutes Page 7 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-8111-EAC5C69344D1 Roll Call Vote — City Clerk Motion carried: 5-0 RESOLUTION NO. 26-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A TECHNOLOGY DISRUPTION POLICY AS REQUIRED BY S.B. 707 RESOLUTION NO. 26-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IMPLEMENTING S.B. 707 AND ENCOURAGING RESIDENTS TO PARTICIPATE IN PUBLIC MEETINGS Fiscal Impact: There was no fiscal impact associated with this item. 13. SOUTHWEST TUSTIN RESIDENTIAL PARKING STUDY Senior Planner Jorge Maldonado provided a PowerPoint presentation. Southwest Tustin is the City's densest residential neighborhood, and demand for on - street parking far exceeds supply. Building upon the 2022 Residential Parking Action Plan, staff studied the on -street residential parking conditions in the neighborhood and is proposing targeted policies and actions to address on -street parking conditions. On April 28, 2026, the Planning Commission received and filed the Southwest Tustin Parking Study findings and recommendations and provided feedback for the City Council's deliberation. The report is now being presented to the City Council for its consideration and direction to staff. Public Input — 1. Karin Marquez (In -person) 2. John Garay (Zoom) Motion: It was moved by Mayor Lumbard and seconded by Mayor Pro Tern Schnell that City Council received and filed the Southwest Tustin Residential Parking Study and directed staff to pursue all of the recommended strategies. Council Member Nielsen amended the motion to direct staff to provide a timeline of implementation on each of the recommendations and ensure the outreach is communicated in both English and Spanish. Mayor Lumbard and Mayor Pro Tern Schnell accepted the amended motion. Roll Call Vote — City Clerk Motion carried: 5-0 City Council May 19, 2026 Meeting Minutes Page 8 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-8111-EAC5C69344D1 Fiscal Impact: There was no direct fiscal impact associated with receiving and filing this report. Based on direction to staff, additional funding could be required for implementation actions, which would be brought to the City Council for consideration at a later date, as needed. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY City Manager Aldo E. Schindler Announced the replacement bronze plaques stolen from the Veterans Memorial at Veterans Sports Park have been received and will be installed this week; added that the plaques will be installed and on display in time for the Memorial Day Remembrance event. Shared that the City is celebrating National Public Works Week; added that the Public Works Department will attend this Thursday's Sunset Market with their annual Touch A Truck event; invited the community to come by and say hello. City Attorney David E. Kendig No report. Council Member Nielsen May 14 Attended the Tustin Community Foundation's 2026 Tustin Mayor's Celebration; was great to see everyone enjoying the event; Mayor Lumbard gave an excellent speech; added he was happy to be an auction item, with Mayor Pro Tern Schnell, leading a ghost tour of Old Town Tustin and was able to raise $300 for the Tustin Community Foundation for offering the tour. May 15-17 Attended the Lions Club International District 4-1-4 Annual District Convention in San Diego; Tustin Host Lions Club received additional recognition from Lions Club International and the Lions Club International President for several service projects, including the Free Vision Screening and Free Recycled Glasses event held at Columbus Tustin Recreation Center, which provided roughly 350 attendees with free pairs of glasses. Council Member Fink May 14 Attended the ribbon cutting and grand opening of AFC Urgent Care, located at Newport Avenue and Main Street; it is a great facility and noted that urgent care accepts medical insurance from all providers; it's a great facility. May 15 Hosted office hours in the Tustin Library Multipurpose Room; spoke with community members about their interests and issues; one community member, who attends the Tustin Presbyterian Church, was conducting a study and was asking what community members City Council May 19, 2026 Meeting Minutes Page 9 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-8111-EAC5C69344D1 like about Tustin and the areas needing improvement; appreciated all feedback received and is working on issues discussed; added that a main piece of feedback was that Tustin has a community that is unrivaled, with a strong mix of events and community organizations, and that development in Tustin Legacy especially is a central focus, along with maintaining our strong community culture. May 16 Visited Orange County Animal Care. Shared the Sunset Market is returning Thursday, May 21; will attend and be available to address questions from community members. Provided a reminder that Historic Preservation Week is this week; shared upcoming events being hosted for Historic Preservation Week, including a Citrus Care class at Armstrong Garden Center, the Cemetery Tour, and Night at the Museum. Thanked Mayor Lumbard for assistance with securing discretionary funds from Supervisor Don Wagner and Supervisor Vincente Sarmiento for the Dolly Parton Imagination Library; added that additional funds will be raised; looks forward to the first library of its kind in Southern California being in Tustin. Council Member Gallagher Commented on City Manager Aldo E. Schindler's announcement of the City's recognition of National Public Works Week; thanked the Public Works Department for their unwavering dedication and commitment to caring for Tustin. Shared that the County of Orange's Point in Time Count of sheltered and unsheltered populations revealed that Tustin has one of the lowest unsheltered populations per capita in the County and has one of the highest sheltered ratios in the County; noted this speaks to the work being done in the county and intends to celebrate the important work and progress being done locally to assist those who are unsheltered. Highlighted the Tustin Community Foundation's 2026 Tustin Mayor's Celebration; noted that, in 2020 prior to the COVID-19 pandemic, the event raised $10,000, and this year's event raised $30,000 for the Foundation; emphasized that these funds are directed right back into the community, and thanked all who attended, noting his appreciation for their participation and support. Thanked those who were reappointed to the Public Art Commission at the evening's meeting: Erin Bruner, Medha Paliwal, and Kristi Martin; added they do an awesome job and is excited to see them return; is also excited to welcome the newest Community Services Commissioner, Charlie Sarosy, highlighting that these Commissioners make a huge impact in the community. City Council May 19, 2026 Meeting Minutes Page 10 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-81 1 1-EAC5C69344D1 Mayor Pro Tem Schnell May 12 and 13 Attended the California Special Districts Association's Special District Leadership Academy in San Diego for the Orange County Cemetery District Board of Trustees; topics included good governance, best practices for public outreach and communication and finance; commented that he is happy to report the City of Tustin is doing all of these things and more; he is proud to be part of the City Council and of the Orange County Cemetery Board; was happy to see that the things being taught are applied at the City. May 14 • Attended the Transportation Corridor Agencies Joint Meeting of the Board of Directors; approved the Fiscal Year 2027 budgets which, in total, are roughly $430 million, with a large portion of funds dedicated to the kickoff of the 241/91 Express Connector project; shared that work will begin at the end of 2026 and will be completed in three years; added that the project will alleviate congestion at the interchange and is happy to be on the Board. • Attended the ribbon cutting and grand opening for AFC Urgent Care; the facility is expected to serve roughly 10,000 residents in the next year; is another great facility to help care for the community. • Attended the Tustin Community Foundation's 2026 Tustin Mayor's Celebration; was a great event with plenty of energy and attendees; thanked the wives of Mayor Lumbard and Council Member Gallagher for their hard work and dedication to the event. May 19 Attended the Orange County Cemetery District Meeting of the Board of Trustees; discussed the continued planning for the Gypsum Canyon Cemetery, which will be for first -responders and veterans. May 20 Will tour the Orange County Global Medical Center. May 25 Announced the upcoming Memorial Day Remembrance event at Veterans Sports Park from 9:00-11:00 a.m. to honor those who gave the ultimate sacrifice; shared that this will be the second year without his father, a retired General in the Air Force, and looks forward to honoring those who served. Mayor Lumbard May 7 Attended the Southern California Association of Governments General Assembly in Desert Springs; attended briefly to vote in the General Assembly to represent the City of Tustin. Announced the following upcoming events. City Council May 19, 2026 Meeting Minutes Page 11 of 12 Docusign Envelope ID: 5E693EF1-827F-89F3-81 1 1-EAC5C69344D1 Sunset Market Announced that Sunset Market returns this Thursday, May 21 and will occur every third Thursday of the month through September 17 from 5:00-8:30 p.m. in Old Town Tustin. 6th Annual Memorial Day Remembrance Event The gth Annual Memorial Day Remembrance Event will take place on Monday, May 25 at 9:00 a.m. at Veterans Monument at Veterans Sports Park to honor the legacy of our heroes; no registration is required. Tustin Celebrates America: 250 Years of Independence Flag dedications and student art contest submissions for the Tustin Celebrates America: 250 Years of Independence event are now open through June 11. For more information, please visit the City website. ADJOURNED at 7:18 p.m. The next meeting is scheduled on Tuesday, June 2, 2026, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council May 19, 2026 Meeting Minutes Page 12 of 12