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Home My WebLink About00 CC AGENDA REPORT 10.6.26 CITY OF TUSTINMEETING OCTOBER 6,2026 OF THE CITY COUNCIL300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Ray Schnell, Mayor Pro Tem Ryan Gallagher, CouncilMember Austin Lumbard, Mayor Aldo E. Schindler,City Manager Lee K. Fink, CouncilMemberErica N. Yasuda,City Clerk John Nielsen, CouncilMemberDavid E. Kendig, City Attorney 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-Agendasor 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 timeto 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. CityCouncilOctober 6,2026 Meeting Agenda Page 1of 8 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 October 6, 2026 Meeting Agenda Page 2 of 8 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M. CALL TO ORDER – #3107 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): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL –– ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 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., U.S.D.C. C.D.Cal. Case No. 8:26-cv-01872-DOC (SSCx); O.C.S.C. Case No. 30- 2026-01572066-CU-BC-CJC. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - \[Government Code § 54956.8\] (1 case) A.Property APN 430-481-12 Address/Description Agency City of Tustin City Council October 6, 2026 Meeting Agenda Page 3 of 8 City NegotiatorsAldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager – Real Property; Ryan Swiontek, Deputy Director of Real Property; John Sweeny, Amy Freilich, Executive Vice President CBRE; Partner, Hepner & Myers, LLP; Irv Hepner, Partner, Hepner & Myers, LLP Negotiating Parties Steve Strom, Managing Director, CD-CW (Tustin) LLC Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER – #3107 INVOCATION - Pastor Aaron Ophaug, Mariners Church PLEDGE OF ALLEGIANCE – Council Member Gallagher PRESENTATIONS – Orange County Fire Authority Fire Prevention Week: October 4 – 10, 2026 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 1-8) 1.WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council October 6, 2026 Meeting Agenda Page 4 of 8 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 SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 15, 2026 AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 15,2026. Recommendation:That the City Council approve the Action Minutes of the Special Closed Session Meeting held on September 15, 2026, and the Regular Meeting of the City Council held on September 15, 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. Recommendation:It is recommended that the City Council approve Payroll in the amount of $1,232,702.73 and Demands in the amount of $7,290,649.23. 4.SECOND READING AND ADOPTION OF ORDINANCE NO. 1579ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 706, MILITARY EQUIPMENT USE POLICY IN COMPLIANCE WITH ASSEMBLY BILL 481 Adoption of Ordinance No. 1579 renews approval of funding, acquisition and the TustinPolice Department's continued use of equipment defined by law as “military equipment”and Tustin Police Department Policy 706, Military Equipment Use Policy. Recommendation:That the City Council have second reading by title only and adoption of Ordinance No. 1579. ORDINANCE NO. 1579 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE DEPARTMENT POLICY 706, MILITARY EQUIPMENT POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) Fiscal Impact:There is no fiscal impact associated with this item. 5.SECOND READING AND ADOPTION OF ORDINANCE NO. 1581 DEVELOPMENT AGREEMENT 2026-0002 FOR THE MARINERS CHURCH TUSTIN LEGACY PROJECT Adoption of Ordinance No. 1581 approves Development Agreement 2026-0002 to facilitatethe development and conveyance of the 3.324-acre City-owned site for the MarinersChurch Tustin Legacy project. City Council October 6, 2026 Meeting Agenda Page 5 of 8 Recommendation:That the City Council have second reading by title only and adoption of Ordinance No.1581. ORDINANCE NO. 1581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2026-0002 BETWEEN THE CITY OF TUSTIN AND MARINERS CHURCH, A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION FOR THE DEVELOPMENT OF A 33,422 SQUARE FOOT RELIGIOUS ASSEMBLY USE WITHIN NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN Fiscal Impact:There is no fiscal impact associated with this item. 6.OLD TOWN ART WALK PLANTER BOX PUBLIC ART PROJECT At their September 16, 2026, meeting, the Public Art Commission recommended forwarding the design for a planter box public art project to be completed in association with the 2026 Old Town Art Walk, to the City Council for final approval. Recommendation:Recommend the City Council approve the design submission received from the Orange County School of the Arts for painting a planter box during the Old Town Art Walk on October 17, 2026. Fiscal Impact: The cost of completing the planter box will be $1,500 payable to the Orange County School of the Arts. The 2026-27 Public Arts Fund budget includes sufficient available funding to cover this expenditure. 7.PARK BENCH PUBLIC ART PROJECT At their September 16, 2026, meeting, the Public Art Commission recommended forwarding the design for a park bench featuring public art to be located at the Tustin Metrolink Station to the City Council for final approval. Recommendation:Recommend the City Council approve the design for the park bench public art project, which was created by artist RFX1. Fiscal Impact: The artist will be paid $7,500 upon completion of the park bench painting. The 2026-27 Public Arts Fund budget includes sufficient available funding to cover this expenditure. 8.DISPOSITION AND DEVELOPMENT AGREEMENT WITH CD-CW (TUSTIN) LLC (CONFLUENT DEVELOPMENT, LLC) FOR A PORTION OF DISPOSITION AREA 8 AT TUSTIN LEGACY Request for authorization to approve the Disposition and Development Agreement (DDA) between CD-CW (Tustin) LLC (Confluent Development, LLC) and the City for the development of an active adult senior living residential development consisting of 172 rental units and a senior congregate care facility consisting of assisted living City Council October 6, 2026 Meeting Agenda Page 6 of 8 and memory care comprised of up 147,500 square feet inclusive of 75 assisted living rooms and 28 memory care rooms on approximately 6.14 acres with a total of 15% of the active adult senior living residential rental units affordable to lower income households. The DDA specifies the terms and conditions under which the City owned property, known as portions of Disposition Area 8, and bounded by Warner Avenue, Armstrong Avenue, John Johnson Way and Veterans Way in Planning Areas 13 and 14 of Tustin Legacy, will be conveyed to and developed by CD-CW (Tustin) LLC. Recommendation: 1.Authorize the City Manager to execute the DDA between CD-CW (Tustin) LLC and the City 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; and 2.Authorize the City Manager to take all actions and execute all other agreements necessary or appropriate to implement the DDA. Fiscal Impact:CD-CW (Tustin) LLC will pay the City a fair market value purchase price of $15,054,243.00 for the land and pay a Project Fair Share Contribution of $3,029,764.58 to fund backbone infrastructure improvements at Tustin Legacy. PUBLIC HEARING ITEM 9 9.ADOPTION OF TITLE VI IMPLEMENTATION PLAN Staff recommend that the City Council adopt the proposed Title VI Implementation Plan and authorize its submission to the California Department of Transportation. The Title VI Plan is an administrative document required by agencies receiving federal funding. The plan formalizes the City’s longstanding commitment to providing equitable access to programs and services consistent with Title VI of the Civil Rights Act of 1964, and continued compliance with federal nondiscrimination requirements, maintaining eligibility for current and future federal transportation funding. Recommendation:Recommendthe City Council: 1.Adopt Resolution No. 26-42, adopting the Title VI Implementation Plan; and 2.Authorize the City Manager, or his designee, to sign and submit all required documentation to the California Department of Transportation to remain compliant with Title VI requirements. RESOLUTION NO. 26-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY OF TUSTIN TITLE VI IMPLEMENTATION PLAN City Council October 6, 2026 Meeting Agenda Page 7 of 8 Fiscal Impact:There is no fiscal impact with the recommended actions. The recommended action supports the City's continued eligibility for federal transportation grant funding by satisfying California Department of Transportation and Federal Highway Administration compliance requirements. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT- The next meeting is scheduled on Tuesday, October 20, 2026, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council October 6, 2026 Meeting Agenda Page 8 of 8