HomeMy WebLinkAbout02 CC AGENDA 9.1.26 MINUTESCity Council September 1, 2026
Meeting Minutes Page 1 of 12
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
4:30 P.M.
Assistant City Clerk Carrie Woodward announced that the Closed Session meeting was
cancelled.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER – #3105 at 6:00 p.m.
ROLL CALL – Assistant City Clerk Carrie Woodward noted for the record that all members
were in attendance.
INVOCATION - Jeff Carr, Evangelist - Tustin Church of Christ
PLEDGE OF ALLEGIANCE – Mayor Lumbard
PRESENTATIONS –
Tustin Girls Softball League: The City Council recognized the Tustin Girls Softball League
in honor of their 10U Silver and 12U Gold All Star Teams achieving unprecedented
success.
Chrissy Green from the Dolly Parton Foundation thanked the City Council for their support
of the Dolly Parton Imagination Library program at Arvida Book Company and presented
the City Council with a life-size cardboard cutout of Dolly Parton as a token of appreciation.
CITY OF TUSTIN MEETING SEPTEMBER 1, 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
Agenda Item 2
Reviewed:
City Manager
Finance Director N/A
______
______
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PUBLIC INPUT –
1. Leslie H. (In-person)
2. Susan Burgess (In-person)
3. Kristin Mana (In-person)
4. Kevin Reyes (In-person)
5. Anonymous (Zoom)
6. Kudan Chhabra (Zoom)
CLOSED SESSION REPORT – City Attorney David E. Kendig: The Closed Session
Meeting was cancelled.
CONSENT CALENDAR ITEMS 1-10
PUBLIC INPUT FOR CONSENT CALENDAR ITEMS –
1. Leslie H. (In-person)
2. Domenico Pagone (In-person)
3. Lena Nguyen (In-person)
4. Michelle (In-person)
5. Andrea Foster (Zoom)
Item No. 4 was pulled at staff’s request and will be considered at a future meeting to be
determined.
Mayor Pro Tem Schnell requested to pull Item No. 8.
Council Member Fink requested to pull Items No. 9 and 10.
It was moved by Mayor Pro Tem Schnell and seconded by Council Member Gallagher to
pull Items No. 8, 9 and 10 and approve the balance as recommended by staff.
Roll Call Vote – Assistant 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 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 AUGUST 4, 2026, AND THE SPECIAL MEETING OF THE CITY
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COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY HELD
ON AUGUST 18, 2026.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on August 4, 2026, and the Special Meeting of the City Council
Acting in its Capacity as the Local Reuse Authority held on August 18, 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 $1,312,280.52,
$1,358,872.64 and Demands in the amount of $8,997,898.70.
4. PERSONNEL RULES UPDATE
Adoption of the attached Resolution will update the City of Tustin Personnel Rules.
Motion: Withdrawn by staff. No action was taken.
Fiscal Impact: There is no fiscal impact associated with this item.
5. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE CAMINO REAL PARK PICNIC
SHELTER RENOVATION
The Camino Real Park Picnic Shelter Renovation (Phase 2) has been completed and
is now ready for City Council acceptance.
Motion: The City Council:
1. Adopted Resolution No. 26-44 accepting the Camino Real Park Picnic Shelter
Renovation; and
2. Authorized the City Clerk to file the Notice of Completion with the County
Recorder’s Office for the Camino Real Park Picnic Shelter Renovation.
RESOLUTION NO. 26-44
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 PICNIC SHELTER (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
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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.
Phase 1 of the project, the playground renovation, was completed on May 5, 2026,
with a final construction cost of $486,979.04 in a contract with Innovative
Playgrounds Co., Inc. The final construction cost for Phase 2 of the project, the picnic
shelter renovation, is $478,385.99. Total project expenditures equal $965,365.03.
6. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE
TUSTIN LEGACY NEIGHBORHOOD “D” SOUTH PHASE 2 – PACKAGE 1
INFRASTRUCTURE CONSTRUCTION PROJECT
Construction of the Tustin Legacy Neighborhood “D” South Phase 2 – Package 1
and South Hangar Infrastructure project has been completed to the satisfaction of
the City Engineer and is now ready for City Council acceptance.
Motion: The City Council:
1. Adopted Resolution No. 26-50 accepting the improvement of the Tustin
Legacy Neighborhood “D” South Phase 2 Infrastructure Construction Project
– Package 1 and the civil portion of the work for the South Hangar Renovation;
and
2. Authorized the City Engineer to execute and file the Notice of Completion
with the Orange County Recorder’s Office.
RESOLUTION NO. 26-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT AND AUTHORIZING
THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE TUSTIN
LEGACY NEIGHBORHOOD “D” SOUTH PHASE 2 INFRASTRUCTURE (CIP NO.
70256) CONSTRUCTION PROJECT – PACKAGE #1 AND THE CIVIL PORTION
OF THE WORK FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076)
Fiscal Impact: The final project construction cost was $9,564,523.94, approximately
9% above the original contract amount of $8,771,596.00. Approved contract change
orders totaled $792,927.94 in additional contract costs, of which $674,623 was
specific to Southern California Edison field redesign requirements and delays.
Sufficient funds were budgeted and appropriated in the Capital Improvement
Program using the Tustin Legacy Land Sale Proceeds and Tustin Legacy Backbone
Program funds.
7. AUTHORIZE PURCHASE AND AWARD CONTRACT FOR INSTALLATION OF
VARIOUS APPURTENANCES AT CITY FACILITIES
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Staff is requesting authorization to award a contract to The KYA Group through the
California Multiple Award Schedules cooperative purchasing program to furnish and
install various appurtenances at City facilities, specifically improvements at the
Columbus Tustin Gymnasium and the Tustin Area Senior Center, such as: refinishing
of the gymnasium wood floor with new court striping, and installation of new
motorized bleachers; removal of the existing auditorium flooring and installation of a
new dance floor system with luxury vinyl tile.
Motion: The City Council:
1. Adopted Resolution No. 26-51 authorizing use of the California Multiple Award
Schedules cooperative purchasing program and award a contract to The KYA
Group for the purchase and installation of various appurtenances at City
facilities in an amount not-to-exceed $974,949.78; and
2. Authorized the City Manager and the City Clerk to execute the contract
documents on behalf of the City.
RESOLUTION NO. 26-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING USE OF THE STATE DEPARTMENT OF GENERAL SERVICES TO
PURCHASE THE NECESSARY EQUIPMENT AND INSTALLATION SERVICES
FOR THE VARIOUS APPURTENCES AT CITY FACILITIES PROJECT
Fiscal Impact: Available budget in the amount of $975,000 has been appropriated
in the Fiscal Year 2026-2027 Capital Improvement Program Budget for these facility
improvements.
8. MEMORANDUM OF UNDERSTANDING WITH TUSTIN UNIFIED SCHOOL
DISTRICT AND THE TUSTIN POLICE DEPARTMENT
The Tustin Police Department and Tustin Unified School District have developed a
Memorandum of Understanding (MOU) establishing a public safety partnership that
allows the Tustin Police Department limited access to selected existing School
District surveillance cameras through the Fusus platform. The partnership is intended
to improve situational awareness and the efficiency of emergency response at School
District schools and facilities.
During an emergency, authorized Tustin Police Department personnel may access
designated camera feeds to gather real time intelligence, provide responding officers
with timely information, support a safer and more efficient response, and assist with
identifying and mitigating known threats to students, staff, school facilities, and the
surrounding community. The School District retains ownership and control of its
camera system and video information, and Tustin Police Department access is
limited to the public safety purposes and circumstances established in the MOU.
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Motion: It was moved by Mayor Pro Tem Schnell and seconded by Council Member
Gallagher to receive and file the Memorandum of Understanding between the City of
Tustin, on behalf of the Tustin Police Department, and the Tustin Unified School
District regarding public safety video sharing through the Fusus platform.
Roll Call Vote – Assistant City Clerk
Motion carried: 5-0
Fiscal Impact: There is no fiscal impact associated with receiving and filing this
report. Under the MOU, costs associated with Tustin Police Department owned
Fusus hardware, including installation, maintenance, repair, operation, and removal,
are the responsibility of the Tustin Police Department. Any School District network
infrastructure or equipment improvements determined necessary for compatibility
with the Fusus System are at the School District's discretion and responsibility.
9. RECOMMENDATION OF PROPOSALS TO PROCEED TO ROUND TWO FOR
THE COMPETITIVE OFFERING FOR ±44 ACRES OF CITY-OWNED REAL
PROPERTY WITHIN NEIGHBORHOODS D AND E (PLANNING AREAS 9-12; 13-
14) OF THE TUSTIN LEGACY SPECIFIC PLAN
Seven (7) proposals are recommended for City Council consideration to proceed to
Round Two for the competitive offering for ±44 acres of City-owned real property
within Neighborhoods D and E (Planning Areas 9-12; 13-14) of the Tustin Legacy
Specific Plan. The recommendation is made by a staff supported, Mayor appointed
Ad-Hoc Committee composed of Mayor Austin Lumbard and Council Member Ryan
Gallagher.
Motion: It was moved by Mayor Lumbard and seconded by Mayor Pro Tem Schnell
that the City Council:
1. Authorize staff and the City’s broker, Cushman & Wakefield, to inform seven (7)
proposers from the competitive offering for ± 44 acres of City-owned real property
within Neighborhood D and E (Planning Areas 9-12; 13-14) of the Tustin Legacy
Specific Plan that they will be proceeding to Round Two; and
2. Authorize staff to further reduce the number of proposals that will ultimately be
recommended to the City Council for consideration at a future date.
Roll Call Vote – Assistant City Clerk
Motion carried: 5-0
Fiscal Impact: There is no fiscal impact associated with this item.
10. FIRST READING OF ORDINANCE 1582 AMENDING TUSTIN CITY CODE
CHAPTER 4, SECTION 1415 - POWERS AND DUTIES GENERALLY
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Ordinance No. 1582 proposes updates to the Tustin City Code necessary to achieve
consistency with prior voter-authorized amendments to the City Code and with
existing practices established in the City’s Personnel Rules and Memoranda of
Understanding
Motion: It was moved by Mayor Lumbard and seconded by Council Member Nielsen
that the City Council:
1. Introduce and approve first reading by title only of Ordinance No. 1582 amending
Tustin City Code section 1415; and
2. Schedule adoption of Ordinance No. 1582 at the City Council’s Regular Meeting
on September 15, 2026.
Roll Call Vote – Assistant City Clerk
Motion carried: 4-1 (Council Member Fink dissented)
Fiscal Impact: No direct fiscal impact is anticipated as a result of adopting Ordinance
No. 1582.
PUBLIC HEARING ITEM 11
11. DEVELOPMENT AGREEMENT, TENTATIVE PARCEL MAP /SUBDIVISION,
CONDITIONAL USE PERMIT, DESIGN REVIEW, AND DENSITY BONUS
REQUEST FOR THE CLEARWATER AT TUSTIN LEGACY SENIOR LIVING
PROJECT
This item is consideration of the proposed Clearwater at Tustin Legacy project, a
senior living community on a vacant, 6.14-acre City-owned site at the southeast
corner of Warner Avenue and Armstrong Avenue, within Neighborhood D South of
the Tustin Legacy Specific Plan. The project consists of a 172-unit residential
community for active, independent seniors, of which 26 units would be affordable to
Lower Income households, and an approximately 143,000 square foot assisted living
and memory care facility containing 103 units and 134 beds.
The development proposal includes applications for design review, request for a
density bonus incentive and waivers, a conditional use permit, a tentative parcel map,
a development agreement, and associated environmental analysis.
Public Hearing Opened at 7:14 p.m.
Senior Planner Jorge Maldonado provided a PowerPoint presentation.
Public Input – None
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Mayor Lumbard noted for the record that two e-comments were received: one from
Gabriel Groen and one from the Kennedy Commission. The e-comments were
distributed to the City Council and made available to the public on the City’s website.
Public Hearing Closed at 7:21 p.m.
Motion: It was moved by Mayor Lumbard and seconded by Mayor Pro Tem Schnell
that the City Council:
1. Adopt City Council Resolution No. 26-43, adopting the Addendum to the Tustin
Legacy Specific Plan 2025 Supplemental Environmental Impact Report and
approving:
a. Design Review 2025-0008 for the design and site layout of 172 residential
units for active seniors, an approximately 143,000 square foot assisted
living and memory care facility, surface and garage parking, landscaping,
and associated site improvements;
b. A Density Bonus request to increase the allowable density from 124 base
units to 173 units (38.75 percent density bonus), by providing 26 units
affordable to Lower Income households; one incentive related to the
affordable unit bedroom mix; and waivers related to private open space,
building setbacks, patio wall height, and architectural feature
encroachment;
c. Conditional Use Permit 2025-0012 to establish and operate a 103-unit,
134-bed assisted living and memory care facility; and
d. Tentative Parcel Map 2025-151/Subdivision 2025-0003 to subdivide the
6.14-acre site into two parcels.
2. Introduce and conduct first reading by title only of Ordinance No. 1580,
approving Development Agreement 2025-0001 to facilitate the development
and conveyance of the 6.14-acre City-owned site, and set the second reading
and adoption for the next available City Council meeting.
Roll Call – Assistant City Clerk
Motion carried: 5-0
RESOLUTION NO. 26-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING AN ADDENDUM TO THE TUSTIN LEGACY SPECIFIC PLAN 2025
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND APPROVING SUB
2025-0003 / TENTATIVE PARCEL MAP 2025-151, CONDITIONAL USE PERMIT
2025-0012, DESIGN REVIEW 2025-0008, AND A DENSITY BONUS REQUEST
FOR THE DEVELOPMENT OF 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS
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AND AN APPROXIMATELY 143,000 SQUARE FOOT ASSISTED LIVING AND
MEMORY CARE FACILITY ON LOT 14 OF TRACT 18197 WITHIN PLANNING
AREA 8, 13, AND 14 (NEIGHBORHOOD D) OF THE TUSTIN LEGACY SPECIFIC
PLAN
ORDINANCE NO. 1580
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2025-0001 BETWEEN
THE CITY OF TUSTIN AND CD-CW (TUSTIN) LLC (CONFLUENT
DEVELOPMENT) FOR THE DEVELOPMENT OF A 6.14-ACRE SITE WITHIN
TUSTIN LEGACY WITH 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS AND
AN APPROXIMATELY 143,000 SQUARE FOOT ASSISTED LIVING AND MEMORY
CARE FACILITY
Fiscal Impact: There is no fiscal impact associated with adoption of City Council
Resolution No. 26-43 or City Council Ordinance No. 1580.
The fiscal impact resulting from the sale of the City owned property, and other actions
related to the sale, will be addressed within the City Council's future consideration of
the project's Disposition and Development Agreement, which is not a part of this
request.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Aldo E. Schindler
Highlighted the upcoming Tustin Police Department Tip-A-Cop event on September 10 from
5-9 p.m. at Red Robin Gourmet Burgers and Brews at The District; the event involves a
partnership between Tustin police officers and Special Olympics athletes, who will join
servers to help raise funds for the Special Olympics of Southern California; 20 percent of
the evening’s sales will be donated directly to the Special Olympics of Southern California.
Announced that the Finance Department has received a Certificate of Achievement for
excellence in financial reporting for the 39th consecutive year from the Government Finance
Officers Association; congratulated the Finance Department and thanked the City Council
and staff for their assistance in achieving the recognition.
City Attorney David E. Kendig
No report.
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
Council Member Nielsen
August 13
Attended the Transportation Corridor Agencies Joint Meeting of the Board of Directors;
discussed labor negotiators, reviewed the quarterly procurement report for the fourth
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quarter of fiscal year 2026, and reviewed the status of the 2026 Strategic Plan; underwent
an annual portfolio investment review and provided an update on the 241/91 express
connector bid phase.
August 25
Attended the Camino Real Park Ribbon Cutting and Community Celebration; enjoyed
seeing the new shade structure and playground and encouraged the community to visit the
newly renovated park.
Announced that Angie Kardashian will speak at the Santa Ana Elks Lodge on September 9
at 3 p.m. in honor of 9/11; looks forward to the event.
Congratulated the Finance Department on being recognized by the Government Finance
Officers Association for their excellence in financial reporting.
Councilmember Fink
August 20
Attended Sunset Market in Old Town Tustin.
August 22
Attended the 2026 Miss Tustin Scholarship Competition; congratulated Samantha Arroyo
for being crowned Miss Tustin 2027; announce she will be joined by 1st Runner-Up Melody
Chavez and 2nd Runner-Up Veronica Chapman.
August 25
Attended the Camino Real Park Ribbon Cutting and Community Celebration; congratulated
the Parks and Recreation Department on the reopening of Camino Real Park and thanked
the Public Works Department for their assistance.
August 26
Attended the League of California Cities Orange County Division Meeting and Board
Election Q3 2026; recognized outgoing Board President David Penaloza; speakers at the
meeting included Congressman Derek Tran and Orange County Transportation Authority
(OCTA ) Chief Executive Officer Darrell Johnson.
August 28
Attended the Grand Opening of Western State College of Law at Westcliff University; Tustin
is now one of 150 cities in the United States to have an ABA-accredited law school; noted
that Western State is the oldest in the county; is hopeful that the community will make use
of this resource.
September 1
Attended the Tustin Coffee Club at Storico Café in Old Town Tustin; meets every first
Tuesday of the month.
Voiced his intent to address concerns regarding the parking permit issuance process and
City policies related to parking permits in the near future.
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Council Member Gallagher
August 20
Attended the Sunset Market in Old Town Tustin; commended Deputy Director of Economic
Development Valentin Flores for working to assist a community member.
August 25
Attended the Camino Real Park Ribbon Cutting and Community Celebration; enjoyed
seeing the community enjoy the new renovations to the park.
August 26
Attended an Orange County Sanitation District Board of Directors meeting; a major item
included adjustments to the budget for the year.
August 28
Attended the Grand Opening of Western State College of Law at Westcliff University.
Mayor Pro Tem Schnell
August 25
Attended the Camino Real Park Ribbon Cutting and Community Celebration.
September 1
Attended the Orange County Cemetery District Regular Meeting of the Board of Trustees;
noted that the main focus is the completion of the Gypsum Canyon cemetery development;
approved a proposal with GMU Engineers to begin grading; added that this is an important
first step in beginning to build the cemetery, which will honor veterans and first-responders;
anticipated opening is estimated for 2029.
Wished the community a happy Labor Day.
Mayor Lumbard
Thanked City staff for their work to organize the Land Reuse Authority meeting on August
18 at AMC Tustin 14 at The District; emphasized that all community feedback is considered
by the Council.
August 26
Met with Congresswoman Young Kim and her staff; discussed assistance with
communicating with the Navy to complete the cleanup of the North Hangar fire cleanup and
administrative process; announced Congresswoman Kim pledged her assistance with
arranging some meetings with the Navy.
August 27
Met with South Orange County Community College District Chancellor, Dr. Julianna Asperin
Barnes, and President Carolyn Inmon; discussed reopening of the development agreement
at the ATEP facility and discussed opportunities for the site; thanked City Manager Aldo E.
Schindler for arranging the meeting.
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Mentioned the following notices and upcoming events:
Labor Day
City facilities will be closed on Monday, September 8 in observance of the Labor Day
holiday.
Final Sunset Market
The final Sunset Market of the year will take place on Thursday, September 17 from 5-8:30
p.m. in Old Town Tustin.
Save the Date - Free Shredding Event
The Free Shredding Event will take place on Saturday, September 19 from 8:00 a.m.-12:00
p.m. in the Civic Center parking lot.
Save the Date – Housing Fundamentals Workshop
The Housing Fundamentals Workshop will take place on Thursday, September 24 from
2:30-4:00 p.m. at the Tustin Library.
Save the Date - Tustin Tiller Days
The annual Tustin Tiller Days will take place Friday, October 2 through Sunday, October 4
at Columbus Tustin Park; wristband presale is available now through Friday, October 2. Visit
www.tustintillerdays.com for more information.
ADJOURNMENT at 7:48 p.m. The next meeting is scheduled for Tuesday, September 15,
2026, for the Closed Session Meeting at 4:30 p.m. followed by the Regular Business Meeting
at 6:00 p.m.
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