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HomeMy WebLinkAbout00 CC AGENDA 8.4.26City Council August 4, 2026 Meeting Agenda Page 1 of 12 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 OF TUSTIN MEETING AUGUST 4, 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. Kendig, City Attorney City Council August 4, 2026 Meeting Agenda Page 2 of 12 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 August 4, 2026 Meeting Agenda Page 3 of 12 CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER – #3103 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 - [Government Code § 54956.9(d)(1)] Name of case: Onterris Response and Recovery, LLC, et al, v. City of Tustin et al., O.C.S.C. Case No. 30-2026-01572066-CU-BC-CJC. City Council August 4, 2026 Meeting Agenda Page 4 of 12 REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER – #3103 INVOCATION - Karen Chalmers, Haven of Healing Ministry PLEDGE OF ALLEGIANCE – Council Member Nielsen PRESENTATION – • Recognition of Police Lieutenant Luis Garcia • Recognition of Police Captain Stephanie Nichols 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 1-15) 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 REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 21, 2026. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on July 21, 2026. 3. RATIFICATION OF PAYROLL AND DEMANDS City Council August 4, 2026 Meeting Agenda Page 5 of 12 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 $1,366,803.98 and Demands in the amount of $7,473,708.27. 4. SECOND READING AND ADOPTION OF ORDINANCE NO. 1578 CODE AMENDMENT 2026-0001 – ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Adoption of Ordinance No. 1578 updates development standards, parking requirements, and statutory references within the Tustin City Code to ensure consistency with State legislation enacted during the 2024 and 2025 legislative sessions. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1578. ORDINANCE NO. 1578 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2026-0001) TO PROVIDE FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN COMPLIANCE WITH NEW STATE LAWS Fiscal Impact: There is no fiscal impact associated with this item. 5. ANNUAL REPORT ON THE TUSTIN POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT PER CALIFORNIA ASSEMBLY BILL 481 Assembly Bill 481 requires the Tustin Police Department to seek City Council approval by ordinance for the funding, acquisition, and use of equipment defined by the law as “military equipment.” This legislation also requires law enforcement agencies to submit to the City Council an annual report outlining a summary of the use of the equipment and the purpose for its use, any complaints or concerns received concerning the military equipment, results of any internal audits or violations and any actions taken in response, the total annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. In addition, within 30 days of submitting and publicly releasing the annual report, a well-publicized and community engagement meeting must be held to allow for public comments. This report outlines staff’s work in complying with the law and request for continued utilization of the Department’s military equipment and approval of the Department’s military equipment policy under Tustin Police Department Policy 706 – Military Equipment Policy. City Council August 4, 2026 Meeting Agenda Page 6 of 12 Recommendation: 1. To receive and file the annual report on the Department’s use of military equipment for calendar year 2025 (Attachment 1); 2. To receive and file the proposed version of Tustin Police Department Policy 706 – Military Equipment Policy (Attachment 2), 3. To direct the Tustin Police Department to post Tustin Police Department Policy 706 (Attachment 2) on the Department’s website; 4. To direct the Tustin Police Department to hold a well-publicized and conveniently located meeting to give the public an opportunity to discuss the annual military equipment report; and 5. To direct staff to set the matter for a public hearing regarding an ordinance to renew the Tustin Police Department Policy 706 which is at least 30 days from today’s date. Fiscal Impact: There is no fiscal impact associated with this item. 6. FIVE-YEAR LEASE AGREEMENT FOR DATA STORAGE The City’s closed-circuit television storage is a depository for video footage from security camera installed at City facilities. The current system has reached its end of life and is no longer receiving critical manufacturer support. Staff have identified a new storage solution from Everpure (formerly Pure Storage, Inc.) that will provide better performance and overall stability of the security camera system. Everpure offers a five-year lease for its products, thereby reducing the upfront cost. During the lease term, Everpure will provide products upgrades at no charge so the City’s system will stay up to date with technology changes. Recommendation: Staff recommended that the City Council: 1. Approve Resolution 26-47 authorizing the use of National Association of State Procurement Officials ValuePoint Purchasing Program for the lease of Everpure Evergreen Data Storage Solution through Tec-Refresh, Inc., a marketplace partner of Everpure data storage products, in accordance with Section 1625(c) of the Tustin City Code. 2. Authorize the City Manager to execute the five-year agreement attached hereto as attachment 2, which includes authority for the City Manager to approve up to two one-year extensions. RESOLUTION NO. 26-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING USE OF THE NATIONAL ASSOCIATION OF STATE City Council August 4, 2026 Meeting Agenda Page 7 of 12 PROCUREMENT OFFICIALS (NASPO) VALUEPOINT PURCHASING PROGRAM TO LEASE EVERPURE (FORMERLY PURE STORAGE, INC.) DATA STORAGE SOLUTION Fiscal Impact: The City will lease the proposed Everpure Data Storage Solution over five years with an annual cost of $165,672 and a total cost of $828,360 over the full term. Sufficient budget has been appropriated in the Fiscal Year 2026-2027 Information Technology Fund to support the lease. The agreement also provides a ten percent (10%) contingency which allows for subsequent amendments if necessary. The contract total with the ten percent contingency will amount to $911,196 over the full lease term and be incorporated into the annual budget for Council’s consideration when exercised. 7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDED JUNE 30, 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: That the City Council receive and file the report. Fiscal Impact: There is no fiscal impact associated with this item. 8. RESPONSE TO 2025–2026 ORANGE COUNTY GRAND JURY REPORT, "WILDFIRES HIT HOME" On May 19, 2026, the Orange County Grand Jury publicly released its report, Wildfires Hit Home, examining how home hardening, defensible space, and other wildfire mitigation measures can improve community resilience, reduce catastrophic wildfire losses, and enhance homeowner insurance availability throughout Orange County. Pursuant to California Penal Code section 933(c), the City Council is required to respond to the applicable findings and recommendations within 90 days of the report's release. Recommendation: It is recommended that the City Council take the following actions: 1. Approve the attached response to the 2025–2026 Orange County Grand Jury report, Wildfires Hit Home, and authorize its submission in accordance with California Penal Code section 933(c). Fiscal Impact: There is no fiscal impact associated with this item. 9. RESPONSE TO 2025-2026 ORANGE COUNTY GRAND JURY REPORT “CALIFORNIA HOUSING MANDATES: THE UNINTENDED RESHAPING OF ORANGE COUNTY NEIGHBORHOODS” City Council August 4, 2026 Meeting Agenda Page 8 of 12 On May 29, 2026, the Orange County Grand Jury publicly released its report, California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods, discussing the impacts of California's housing laws on Orange County jurisdictions. Pursuant to California Penal Code section 933(c), the City Council is required to respond to the applicable findings and recommendations within 90 days of the report's release. Recommendation: It is recommended that the City Council approve the attached response to the 2025–2026 Orange County Grand Jury report, California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods and authorize its submission in accordance with California Penal Code section 933(c). Fiscal Impact: There is no fiscal impact associated with this item. 10. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED “PFAS AND PUBLIC AWARENESS – A CLOSER LOOK AT ORANGE COUNTY DRINKING WATER” Response to the June 9, 2026, Orange County Grand Jury Report entitled “PFAS and Public Awareness: A Closer Look at Orange County Drinking Water”. Recommendation: It is recommended that the City Council approve the attached response to the Orange County Grand Jury, authorize the Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to submit the response. Fiscal Impact: There is no fiscal impact associated with this item. 11. 2025 TUSTIN LEGACY SPECIFIC PLAN MITIGATION MONITORING REPORT The City Council annually reviews its progress in mitigating environmental impacts associated with the development of the former Marine Corps Air Station Tustin, which is currently undergoing redevelopment in accordance with the Tustin Legacy Specific Plan and associated Program Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of Marine Corps Air Station Tustin, subsequent Supplementals and Addendums to the Environmental Impact Reports, and their Mitigation Monitoring and Reporting Programs. Recommendation: Recommend the City Council receive and file the 2025 Tustin Legacy Specific Plan Mitigation Monitoring Report. Fiscal Impact: There is no fiscal impact associated with this item. 12. DESIGNATION OF VOTING DELEGATES AND ALTERNATES – LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE City Council August 4, 2026 Meeting Agenda Page 9 of 12 In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Recommendation: It is recommended that the City Council designate the following: • Voting Delegate: Mayor Austin Lumbard • Alternate: Mayor Pro Tem Ray Schnell Fiscal Impact: The voting delegate and alternate are required to be registered to attend the conference and be present in order to cast a vote; therefore, the fiscal impact is limited to the cost of the conference registration. 13. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE EL CAMINO REAL AND AUTO CENTER DRIVE SIGNAL IMPROVEMENTS The plans and specifications for the El Camino Real and Auto Center Drive Signal Improvement Project have been prepared, and the project is now ready for bid. Recommendation: It is recommended that the city Council: 1. Adopt Resolution No. 26-40 approving the plans and specifications for the El Camino Real / Auto Center Drive Signal Improvements; and 2. Appropriate $125,000 from Fund 200 Capital Projects. This amount will be fully reimbursed by Costco Wholesale Corporation under an approved Cost Sharing Agreement; and 3. Appropriate $78,000 from Fund 139 Measure M2 Fairshare; and 4. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 26-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR EL CAMINO REAL/AUTO CENTER DRIVE SIGNAL IMPROVEMENTS (CIP NO. 40097), AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: The Engineer's estimate for project construction, engineering support, and inspection services is $253,000. The FY 2026–27 Capital Improvement Program budget currently includes $50,000 for construction of the project using Measure M2 Fair Share funds. On February 3, 2026, the City Council approved a Cost-Sharing Agreement with Costco, under which Costco will reimburse the City for 50 percent of the actual project costs, up to a maximum reimbursement of $125,000. City Council August 4, 2026 Meeting Agenda Page 10 of 12 As the lead agency responsible for project delivery, staff recommends appropriating the full estimated project cost of $253,000 to ensure adequate funding for construction and related services. Following project completion, the City will seek reimbursement from Costco in accordance with the approved Cost-Sharing Agreement, reducing the City's net project cost to $128,000. 14. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE WATER WELL REHABILITATION PROGRAM The plans and specifications for the rehabilitation of Main Street Well No. 3 and Newport Well No. 3 have been prepared, and the project is now ready for bid. Construction is anticipated to begin in October 2026, with completion estimated in spring 2027. Recommendation: It is recommended that the city Council: 1. Adopt Resolution No. 26-41 approving the plans and specifications for the Water Well Rehabilitation Program; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 26-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WELL REHABILITATION PROGRAM (CIP NO. 60177), AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: The engineer’s estimate for the rehabilitation of Main Street Well No. 3 and Newport Well No. 3 is $730,000. There is sufficient appropriation in the 2026- 2027 budget to support this project. 15. ADOPT RESOLUTION NO. 26-45 AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE TUSTIN CITYWIDE ACTIVE TRANSPORTATION PLAN The California Department of Transportation conditionally awarded the City of Tustin $425,000 of grant funding to complete the Tustin Citywide Active Transportation Plan. As a condition of the grant award, California Department of Transportation requires the City Council to adopt a resolution authorizing the Restricted Grant Agreement. Approval of the attached resolution satisfies this grant requirement and authorizes the City to proceed with the agreement. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 26-45 authorizing the City Manager or his designee, the Director of Public Works, to complete and execute the grant agreement and City Council August 4, 2026 Meeting Agenda Page 11 of 12 amendments with California Department of Transportation for the Tustin Citywide Active Transportation Plan; and 2. Upon execution of the grant agreement, recognize grant revenue budget of $425,000 and appropriate project cost in the same amount. RESOLUTION NO. 26-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE TUSTIN CITYWIDE ACTIVE TRANSPORTATION PLAN Fiscal Impact: The total estimated cost to prepare the Tustin Citywide Active Transportation Plan is $500,000. The California Department of Transportation Sustainable Transportation Planning Grant will provide up to $425,000, representing 85 percent of eligible project costs and will be appropriated upon execution of the grant agreement. The remaining required 15 percent local match totaling $75,000 has already been incorporated in the Fiscal Year 2026-2027 Capital Improvement Program Budget. PUBLIC HEARING ITEM 16 16. AUTHORIZATION TO SUBMIT APPLICATION FOR ORANGE COUNTY TRANSPORTATION AUTHORITY ENHANCED MOBILITY FOR SENIORS AND DISABLED GRANT PROGRAM Request for authorization to submit an application for the Enhanced Mobility for Seniors and Disabled grant to expand current transportation services at the Tustin Area Senior Center. Recommendation: It is recommended that the City Council: Adopt Resolution No. 26-46 which finds that there is no non-profit organization readily available to provide transportation services to senior citizens and individuals with disabilities in the Tustin area, and authorizes staff to submit an application for the Orange County Transportation Authority Enhanced Mobility for Seniors and Disabled Grant Program, and commits the required local matching funds. RESOLUTION NO. 26-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THERE ARE NO NON-PROFIT ORGANIZATIONS READILY AVAILABLE TO PROVIDE TRANSPORTATION SERVICES TO SENIOR CITIZENS AND INDIVIDUALS WITH DISABILITIES, AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR ORANGE COUNTY TRANSPORTATION AUTHORITY ENHANCED MOBILITY FOR SENIORS AND DISABLED GRANT PROGRAM, AND COMMITTING THE REQUIRED LOCAL MATCH City Council August 4, 2026 Meeting Agenda Page 12 of 12 Fiscal Impact: If the grant is awarded, the City would receive $371,760 in Enhanced Mobility for Seniors and Disabled Grant Program funding, consisting of $248,400 for capital expenditures and $123,360 for operating expenditures. The grant requires a City match of $58,440 from the General Fund, consisting of a onetime capital match of $27,600 and an operating match of $30,840 over the three- year grant period. Including the required City match, the total program budget would be $430,200. The funding would support the purchase of three Americans with Disabilities Act-accessible minivans and one extended part-time position for a period of three years. If the grant is awarded, grant revenue and program appropriations will be incorporated in the future annual budget for Council consideration. REGULAR BUSINESS ITEM 17 17. IMPLEMENTATION STATUS OF THE 2024 DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AND RED HILL AVENUE SPECIFIC PLAN ASSESSMENT REPORT At this time, staff is providing a status update regarding potential Tustin City Code and specific plan amendments related to density bonus, height standards, mixed use requirements, and parking standards as further implementation of the City Council approved 2024 Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan Assessment Report recommendations. Recommendation: Direct staff to continue analyzing and preparing potential Tustin City Code and/or specific plan amendments related to density bonus, height standards, mixed use requirements, and parking standards as further implementation of the City Council approved 2024 Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan Assessment Report recommendations through a future public hearing process to obtain community input and a Planning Commission recommendation before returning to the City Council for consideration. Fiscal Impact: There is no fiscal impact to receiving and filing this report. The analysis presented here was grant funded through the Orange County Council of Governments. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled for Tuesday, August 18, 2026. The Special Closed Session Meeting will begin at 4:30 p.m., followed by the Special City Council / Local Reuse Authority Meeting at 5:30 p.m. Both meetings will be held at AMC Tustin 14, located at 2457 Park Avenue, Tustin, CA 92782.