CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
John Nielsen, Mayor Pro Tem
Ryan Gallagher, Councilmember
Ray Schnell, Councilmember
Lee K. Fink, Councilmember
Austin Lumbard, Mayor
MAY 6, 2025
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
SPECIAL CLOSED SESSION MEETING-5:00 PM
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 13
APPLICANT PRESENTATION - ITEM 13
PRESENTATION - ITEM 14
PUBLIC INPUT-ANONYMOUS (ITEM 11)
PUBLIC INPUT-CHRISTINE URIBE (ITEM 11)
PUBLIC INPUT-CHUCK PUCKETT (ITEM 11)
PUBLIC INPUT-ERIN NIELSEN (ITEM 11)
PUBLIC INPUT-JERRY AMANTE (ITEM 11)
PUBLIC INPUT-MARY HILL (ITEM 11)
PUBLI INPUT-DONNA MARSH PEERY (ITEM 11)
PUBLIC INPUT-UNITED WAY (ITEM 13)
PUBLIC INPUT-UNITED TO END HOMELESSNESS (ITEM 13)
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 4:30 P.M.
CALL TO ORDER – #3077
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): (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. LIABILITY CLAIM - [Government Code § 54956.95] Claimant: The Center for Toxicology and Environmental Health, L.L.C Agency claimed against: City of Tustin
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8] (2 cases) A.
Property Address/Description: APN: 430-272-11, 430-272-12, 430-272-13, 430-272-14, 430-272-23, 430-272-24, 430-272-27, 430-272-28 Agency: City of Tustin
City Negotiators: Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager/Real Property; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager Negotiating Parties: Sams West Inc.
Under Negotiation: Price and Terms of Payment
B.
Property Address/Description: APN 430-481-13, 430-481-14, 430-481-15 Agency: City of Tustin
City Negotiators: Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager/Real Property; Kenneth Piguee, Real Property Manager Negotiating Parties: Mariners Church
Under Negotiation: Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
- 6:00 P.M.
CALL TO ORDER – #3077
INVOCATION – Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Nielsen
PRESENTATIONS -
* 2025 Wildfire Awareness Prevention Season, Orange County Fire Authority * Drowning Prevention, Orange County Fire Authority
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 Item 1-12)
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 APRIL 15, 2025.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on April 15, 2025.
AGENDA REPORT
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 $1,066,043.12 and Demands in the amount of $27,807,031.89.
AGENDA REPORT
4. CITYWIDE RECORDS RETENTION SCHEDULE AMENDMENT
Staff is proposing the adoption of a revised Records Retention Schedule.
Recommendation:
Adopt Resolution No. 25-32, amending the City's Records Retention Schedule.
RESOLUTION NO. 25-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, AND RESCINDING PREVIOUS RESOLUTION NO. 22-23 Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
5. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2025-2026 ASSESSMENTS At the February 4, 2025, City Council meeting, the Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report is now complete and ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 3, 2025.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 25-33 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2025-2026; and
2. Adopt Resolution No. 25-34 declaring its intention to levy annual assessments for Fiscal Year 2025-2026 and setting a public hearing for June 3, 2025.
RESOLUTION NO. 25-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2025-2026 RESOLUTION NO. 25-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2025-2026 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF Fiscal Impact: Landscape maintenance and public street lighting expenses within the Tustin Ranch area are recovered through the levy of the annual assessments for the Tustin Landscape and Lighting District and a General Benefit Contribution. The proposed Fiscal Year 2025-2026 budget is $931,800, with proposed assessments of $841,739, including City-paid assessments totaling $14,110.85 for parkland and facilities, which will be paid through the City's General Fund. The Engineer's Report calculates a General Benefit Contribution of $90,061, which is also paid through the City's General Fund operating budget.
AGENDA REPORT
6. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE BARK BARRACKS DOG PARKS AT TUSTIN LEGACY PARK PROJECT Construction of The Bark Barracks Dog Parks at Tustin Legacy Park has been completed to the satisfaction of the City Engineer and is now ready for City Council Acceptance.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 25-31 accepting the improvement of The Bark Barracks Dog Parks at Tustin Legacy Park; and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office.
RESOLUTION NO. 25-31
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 BARK BARRACKS DOG PARKS AT TUSTIN LEGACY PARK PROJECT (CIP NO. 20091) Fiscal Impact: The final construction cost for The Bark Barracks Dog Parks at Tustin Legacy Park, is $1,335,565.50 with no contract change orders. The final construction cost came in lower than the contractors base bid of $1,367,565.50, due to favorable existing field conditions. Sufficient funds were budgeted and appropriated in the Capital Improvement Program using Land Sale Proceeds Fund (Fund 189).
AGENDA REPORT
7. SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE The disposal of solid waste at Orange County landfills is governed by a Waste Disposal Agreement under which cities and sanitary districts agree to exclusively deposit certain waste at the County of Orange’s landfills in exchange for low and stable disposal rates. The current Waste Disposal Agreement was entered into in 2009 and subsequently amended to extend the term through June 30, 2025. The Orange County City Manager Association is currently negotiating a successor agreement to the agreement with OC Waste & Recycling and additional time is required to finalize mutually agreeable terms and disposal fees. The proposed amendment extends the current agreement by one year to allow for continued negotiations and includes a 2.6% disposal fee increase, per the escalation formula in the current agreement.
Recommendation:
It is recommended that the City Council approve the Second Amendment to the Waste Disposal Agreement with the County of Orange and authorize the Mayor and City Clerk to execute the document on behalf of the City.Fiscal Impact: This amendment will have no fiscal impact on the General Fund. The proposed amendment includes a 2.6% increase in disposal fees based on the Consumer Price Index, in accordance with the escalation formula in the current agreement. This proposed increase in disposal rates will be passed on to Tustin residential and business customers according to the terms of the City’s existing contract with CR&R. The terms of this agreement allow CR&R to recover increased disposal costs through a pass-through mechanism, subject to review and approval by the City.
AGENDA REPORT
8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT –QUARTER THREE AND QUARTER FOUR, 2024 This agenda report transmits the John Wayne Airport Noise Abatement Quarterly Report for the third and fourth quarters of 2024. The City of Tustin is within the John Wayne Airport’s “Noise Impact Area” since it has the potential to be exposed to an average Community Noise Equivalent Level of more than 65 decibels. Community Noise Equivalent Level is a weighted average of noise levels over a 24-hour period, and is a measurement frequently used in regulating the impacts of airport noise on the surrounding community. The average noise levels measured at Tustin’s monitoring station, which is located at Columbus Tustin Middle School on Beneta Way (site map provided as Attachment A), remained below the City, County, and State maximum criteria during the third and fourth quarter reporting periods.
Recommendation:
That the City Council receive and file this report.Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
9. RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR At its meeting on November 10, 2023, the City Council ratified the Acting City Manager’s Proclamation of Local Emergency related to the fire at the Navy’s North Hangar and release of chemicals of public health concern, including asbestos. At a special meeting of the City Council on January 9, 2024, and at its regular meetings on March 5, 2024, April 16. 2024, June 4, 2024, June 18, 2024, July 16, 2024, August 20, 2024, October 15, 2024, December 3, 2024, January 21, 2025, and March 18, 2025, the Council reviewed and determined the need to continue the local emergency. This item recommends that the City Council once again review and determine that the need exists to continue the local emergency, as required by State law.
Recommendation:
It is recommended that the City Council adopt Resolution 25-36 determining the need exists to continue the local emergency related to the fire and release of chemicals of public health concern from the Navy’s North Hangar, in the form attached hereto as Attachment 2. RESOLUTION 25-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RELATED TO FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH HANGAR Fiscal Impact: There is no direct impact from a determination that a local emergency continues to exist.
AGENDA REPORT
10. SELECTION OF A REAL ESTATE BROKER FOR MARKETING AND SOLICITATION SERVICES FOR APPROXIMATELY 61 ACRES OF CITY-OWNED REAL PROPERTY WITHIN NEIGHBORHOOD G (PLANNING AREAS 15-A AND 15-C) OF THE TUSTIN LEGACY SPECIFIC PLAN Request for selection of a real estate broker to provide marketing and solicitation services for approximately 61 acres of City-owned real property within Neighborhood G (Planning Areas 15-A and 15-C) of the Tustin Legacy Specific Plan.
Recommendation:
Authorize the City Manager to negotiate and execute a Listing Agreement with CBRE, Inc., subject to non-substantive additions or modifications as may be deemed necessary and/or recommended by the City Attorney.Fiscal Impact: There will be no impact to the General Fund given that commission to a real estate broker will be paid at the close of escrow on a land sale. The City and CBRE, Inc. have negotiated the following commission:
Land Sale: 1.0% of the gross purchase price paid by future buyer
AGENDA REPORT
11. CONSIDERATION TO RENAME THE CITY OF TUSTIN CORPORATE YARD TO THE LOU BONE TUSTIN CORPORATE YARD Consideration of a request from Mayor Austin Lumbard to recognize former Mayor Lucien “Lou” Bone by renaming the City of Tustin Corporate Yard, located at 1472 Service Road, to The Lou Bone Tustin Corporate Yard and commemorating the honor with the placement of a plaque near the main entrance of the building.
Recommendation:
Direct staff to proceed with the renaming of the Corporate Yard, the acquisition and installation of a commemorative 20” x 30” bronze plaque.Fiscal Impact: There is no fiscal impact to the City associated with acquisition and installation of the commemorative plaque. Private funds have been raised by community members to cover these costs. The total cost is $6,100.
AGENDA REPORT
12. CENTENNIAL PARK SCULPTURE PUBLIC ART PROJECT
At their April 16, 2025, Meeting, the Public Art Commission selected a sculpture for installation at Centennial Park to recommend to the City Council for final approval.
Recommendation:
It is recommended that the City Council approve the recommendation of the Public Art Commission to select the sculpture submitted by artist Seth Johnson, to be installed at Centennial Park and authorize the Parks and Recreation Department to execute an agreement with the artist.Fiscal Impact: Upon installation of the sculpture, the artist will be paid $13,500, in addition to associated installation costs not to exceed $6,500, from the Public Art Fund in the 2024-2025 Fiscal Year Budget.
AGENDA REPORT
PUBLIC HEARING ITEMS 13-14
13. FAMILIES FORWARD, INC. – A REQUEST FOR APPROVAL OF AN EIGHT (8) UNIT AFFORDABLE HOUSING PROJECT (DR 2025-0005) The applicant, Families Forward, is requesting approval to construct an 8,700-square-foot three-story building containing eight rental units affordable to lower-income families on a 0.22-acre site, located at 1852 San Juan Street. The Planning Commission held a public hearing on March 25, 2025, and adopted Resolution No. 4522, recommending that the City Council adopt Resolution 25-28 to approve Design Review 2025-0005 and Density Bonus Concession and Waiver Requests.
Recommendation:
That the City Council adopt Resolution 25-28 (Attachment 7) approving Design Review 2025-0005 and Density Bonus Requests. RESOLUTION NO. 25-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 2025-0001 AND DENSITY BONUS WAIVER AND CONCESSION REQUESTS FOR A NEW THREE-STORY RESIDENTIAL BUILDING WITH EIGHT RENTAL UNITS AFFORDABLE TO LOWER-INCOME HOUSEHOLDS LOCATED AT 1852 SAN JUAN STREET Fiscal Impact: The City Council approved an Affordable Housing Grant Agreement on November 7, 2023, between the City of Tustin and the Applicant (Families Forward, Inc.), allocating $2 million from the City's Inclusionary Housing Fund to support the construction of the subject project. The Affordable Housing Grant Agreement (Attachment 5) outlines specific project implementation deadlines, and as of the preparation of this report, the applicant has met all provisions outlined in the agreement.
AGENDA REPORT
14. ASSEMBLY BILL 2561 COMPLIANCE
Pursuant to recently codified Government Code section 3502.3, public agencies are now required to present the status of their vacancies and recruitment and retention efforts in a public hearing at least once per fiscal year. This presentation ensures compliance with the law.
Recommendation:
Receive and file.Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
ALDO E. SCHINDLER, CITY MANAGER
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
COUNCIL MEMBER FINK
COUNCIL MEMBER SCHNELL
COUNCIL MEMBER GALLAGHER
MAYOR PRO TEM NIELSEN
MAYOR LUMBARD
ADJOURNMENT
- The next meeting is scheduled on Tuesday, May 20, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.