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Home My WebLink AboutCC MINUTES 10.06.26City Council October 6, 2026 Meeting Minutes Page 1 of 9 MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M. City Clerk Erica N. Yasuda announced that the Closed Session meeting was cancelled. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 6:00 P.M. CALL TO ORDER – #3107 at 6:01 p.m. ROLL CALL – City Clerk Erica N. Yasuda noted for the record that all members were present with the exception of Mayor Lumbard who was absent. INVOCATION - Pastor Aaron Ophaug, Mariners Church PLEDGE OF ALLEGIANCE – Council Member Gallagher PRESENTATIONS – On behalf of the City Council, Council Member Nielsen presented a Proclamation to Orange County Fire Authority Battalion Chief Octavio Medina in recognition of Fire Prevention Week during October 4 – 10, 2026. PUBLIC INPUT – 1. Scoba Rhodes (In-person) 2. Leslie H. (In-person) CITY OF TUSTIN MEETING OCTOBER 6, 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 Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 City Council October 6, 2026 Meeting Minutes Page 2 of 9 3. Susan Burgess (In-person) City Clerk Erica N. Yasuda noted for the record that one e-comment was received and distributed to the City Council and made available on the City’s website. CLOSED SESSION REPORT – City Attorney David E. Kendig: The Closed Session meeting was cancelled this evening. CONSENT CALENDAR ITEMS 1-8 – PUBLIC INPUT FOR CONSENT CALENDAR ITEMS – None Council Member Nielsen requested to pull Item 7. Council Member Fink requested to pull Items 5 and 8. Motion: It was moved by Council Member Gallagher and seconded by Council Member Fink to pull Items 5, 7 and 8 and approve the balance as recommended by staff. Roll Call Vote – City Clerk Motion carried: 4-0 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 OF THE CITY COUNCIL HELD ON SEPTEMBER 15, 2026 AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 15, 2026. Motion: The City Council approved 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. Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 City Council October 6, 2026 Meeting Minutes Page 3 of 9 Motion: The City Council approved 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. 1579 ADOPTING 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 Tustin Police Department's continued use of equipment defined by law as “military equipment” and Tustin Police Department Policy 706, Military Equipment Use Policy. Motion: The City Council had 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 was 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 facilitate the development and conveyance of the 3.324-acre City-owned site for the Mariners Church Tustin Legacy project. Motion: It was moved by Council Member Gallagher and seconded by Council Member Nielsen that the City Council had second reading by title only and adoption of Ordinance No.1581. Roll Call Vote – City Clerk Motion carried: 3-1 (Council Member Fink dissented) 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 was no fiscal impact associated with this item. Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 City Council October 6, 2026 Meeting Minutes Page 4 of 9 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. Motion: The City Council approved 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 included 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. Motion: It was moved by Council Member Council Member Nielsen and seconded by Council Member Gallagher that the City Council approved the design for the park bench public art project, which was created by artist RFX1. Roll Call Vote – City Clerk Motion carried: 4-0 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 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. Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 City Council October 6, 2026 Meeting Minutes Page 5 of 9 Motion: It was moved by Council Member Gallagher and seconded by Mayor Pro Tem Schnell that the City Council: 1. Authorized 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. Authorized the City Manager to take all actions and execute all other agreements necessary or appropriate to implement the DDA. Roll Call Vote – City Clerk Motion carried: 3-1 (Council Member Fink dissented) 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. Public Hearing opened at 6:40 p.m. Public Input – None Public Hearing closed at 6:41 p.m. It was moved by Council Member Gallagher and seconded by Council Member Nielsen that the City Council: 1. Adopted Resolution No. 26-42, adopting the Title VI Implementation Plan; and 2. Authorized 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. Roll Call Vote – City Clerk Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 City Council October 6, 2026 Meeting Minutes Page 6 of 9 Motion carried: 4-0 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 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 City Manager Aldo E. Schindler Announced there were several promotions in the Police Department, including David Paine from Police Officer to Police Seargent, Christopher Peterson from Police Officer to Police Seargent, Ryan Newton from Police Seargent to Police Lieutenant, Royce DelMerari from Police Seargent to Police Lieutenant, and Robert Nelson from Police Lieutenant to Police Captain; he is proud of all the individuals promoted and knows they will continue to support the community; expressed that the City will continue to encourage professional growth for all staff; promotions also occurred on the administration side of the Police Department; Thao Nguyen has been promoted from Support Services Manager to Police Support Services Administrator, Connie Ward has been promoted from Support Services Supervisor to Support Services Manager, Anita Garcia has been promoted from Management Assistant to Support Services Supervisor and Nancy Dacus has been promoted from Records Specialist to Records Lead; added that these promotions and others will be celebrated at the Tustin Police Department’s Swearing-In Ceremony on October 13 at the Salvation Army. City Attorney David E. Kendig No report. Council Member Nielsen September 29 Attended the Tustin Host Lions Club, Dining for Dollars event at Friends Café; was a great and successful fundraiser. October 1 • Attended and assisted with the City of Tustin’s Business Recognition Luncheon; thanked staff for their efforts; enjoyed giving awards to the winning businesses; was a great event; announced the Tustin Historical Society was presented with the Long Time Achievement Award. Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 City Council October 6, 2026 Meeting Minutes Page 7 of 9 • Attended the Tustin Tiller Days Preview Party; congratulated Chad Clanton, Director of Parks and Recreation and his staff on a great event. October 3 Attended the unveiling of the new Old Town Tustin gateway sign and the Tustin Tiller Days Pancake Breakfast hosted by the Tustin Host Lions Club; congratulated and thanked Director of Public Works, Mike Grisso and his staff for their efforts in completing the project; following the sign unveiling, participated in the Tustin Tiller Days parade. October 6 Celebrated the Tustin Police Officer of the Quarter, Tim Thai, at the Tustin Host Lions Club luncheon; recognition of the Police Officer of the Quarter will be an ongoing program for the Lions Club; enjoyed recognizing a Tustin Police officer. Announced the Old Town Tustin Ghost Tour will occur on the second, third, and fourth Friday and Saturday in October in Old Town Tustin, hosted by the Tustin Area Historical Society and Tustin Host Lions Club; tickets are available on the Tustin Host Lions Club and Tustin Area Historical Society websites; all tour proceeds will be donated to charitable organizations. Council Member Gallagher October 1 Agreed with Council Member Nielsen’s comments regarding the City of Tustin’s Business Recognition Luncheon; was impressed with staff’s efforts. Thanked all city staff who were involved with the Old Town Tustin gateway sign; staff did an amazing job with the project. Expressed his appreciation for staff’s efforts in ensuring the safety and success of the Tustin Tiller Days Parade. Councilmember Fink September 16 Attended the ribbon cutting and groundbreaking for the Compass at Red Hill development; looks forward to the development’s progress; addressed permit parking and parking concerns. September 17 • Attended the Orange County Waste Management Commission meeting; focused on implementing organic recycling requirements and enforcing single-use plastic recycling. • Attended the final Sunset Market of the year. September 23 Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 City Council October 6, 2026 Meeting Minutes Page 8 of 9 • Attended the Tustin Public Schools Foundation Celebration of Schools; noted that the Tustin Unified School District schools are some of the best in California; added that the Tustin Public Schools Foundation and the Tustin School Board continues to move toward improving schools; noted the importance of partnership with Tustin schools. • Attended the League of California Cities Annual Conference; noted his interest in the economic development workshop; will share information from the workshop with staff. September 25 • Met with the Tustin Kiwanis Club; provided an update on recent city projects, including in Old Town Tustin and in Tustin Legacy. • Attended the League of California Cities Annual Conference September 26 Held a community meeting; discussed encouraging new business in Old Town Tustin, housing development, the city’s response to the Super El Niño, and land parcels in Tustin for development. September 30 Met with representatives from the Jewish Free Loan Association; encouraged the community to explore their no-interest loan resources at jfla.org; loans are available to businesses, non-profits and community groups, students, and other community members; the loans are available to everyone of all faiths. October 1 • Attended the City of Tustin’s Business Recognition Luncheon; thanked staff for putting together a great event; enjoyed seeing Tustin businesses in attendance. • Attended the Tustin Tiller Days Preview event; thanked staff for their efforts. October 3 Attended the unveiling of the Old Town Tustin gateway sign and the Tustin Tiller Days parade. October 8 Met with Senator Adam Schiff regarding support for the city as care of the North and South Hangar sites continues. Thanked everyone who submitted E-comments for this evening meeting. Mayor Pro Tem Schnell Commended the Public Works Department staff and other city staff for their reinvigoration of Old Town Tustin; noted the Old Town Improvement Project represents a commitment by the city to bring continued business, housing, and opportunity to the area. Mentioned the following upcoming events: Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6 City Council October 6, 2026 Meeting Minutes Page 9 of 9 Bark or Treat The Bark or Treat event will take place on Saturday, October 10 from 10 a.m.-12 p.m. at Bark Barracks at Tustin Legacy Park. Old Town Tustin Art Walk and Artisan Market The Old Town Tustin Art Walk and Artisan Market will take place on Saturday, October 17 from 11 a.m.-5 p.m. in Old Town Tustin. Save the Date – Halloween Howl Halloween Howl will take place on Friday, October 30 from 4-7 p.m. at the Tustin Library Courtyard. ADJOURNED at 7:05 p.m. 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. ___________________________ ___________________________ AUSTIN LUMBARD, ERICA N. YASUDA, Mayor City Clerk Docusign Envelope ID: 2B23D75C-BD7F-8E69-835B-F8B8DCE0DCF6