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
JULY 15, 2025
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
SPECIAL CLOSED SESSION MEETING
- 5:00 PM
CALL TO ORDER – #3081
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 LEGAL COUNSEL - EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) Felix Gonzalez, et al. v. City of Tustin, et al., Case No. 30-2023-01352010-CU-PO-NJC
6. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION - [Government Code § 54957(b)(1)] Title: City Manager
REGULAR MEETING OF THE CITY COUNCIL
- 6:00 PM
CALL TO ORDER – #3081
INVOCATION - Fr. Michael T. Khong, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Council Member Ryan Gallagher
PRESENTATION - Parks Make Life Better Month
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 1-11)
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 SPECIAL MEETING AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 17, 2025.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on June 17, 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 $2,258,397.55 and Demands in the amount of $6,356,454.31.
AGENDA REPORT
4. ORDER THE PREPARATION OF THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 The Tustin Landscape and Lighting District provides funding for the maintenance of perimeter landscaping on the arterial streets and for the operation and maintenance of street lighting on public roads within the Tustin Ranch area. The current assessment revenue is no longer sufficient to cover the cost of maintaining the public infrastructure. Resolution No. 25-54 orders the preparation of the Engineer’s Report for the Tustin Landscape and Lighting Reassessment District 2025, which, if supported, would become effective Fiscal Year 2026-2027.
Recommendation:
It is recommended that the City Council adopt Resolution No. 25-54 ordering the preparation of the Engineer’s Report for the Tustin Landscape and Lighting Reassessment District 2025. RESOLUTION NO. 25-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA INITIATING PROCEEDINGS FOR THE FORMATION OF THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 Fiscal Impact: Sufficient funds are budgeted and appropriated in the Tustin Landscape and Lighting District Fund for this work. Additionally, the costs for operating and maintaining the public infrastructure are offset through the levy of the annual assessments.
AGENDA REPORT
5. NOTICE OF COMPLETION FOR THE COUNCIL CHAMBER / COMMUNITY CENTER ROOF REPLACEMENT PROJECT Construction for the Council Chamber / Community Center Roof Replacement Project 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. 25-51 accepting the Council Chamber/Community Center Roof Replacement Project; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 25-51 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 COUNCIL CHAMBER/COMMUNITY CENTER ROOF REPLACEMENT PROJECT (CIP NO. 10032) Fiscal Impact: The authorized contract amount was $786,786.00. The final construction costs are $763,147.00, including a reduction in materials and associated freight and project change orders.
AGENDA REPORT
6. AWARD OF CONTRACT FOR THE CONSTRUCTION OF TUSTIN SPORTS PARK TURF RENOVATION FIELD #3 Staff is requesting City Council consent to the withdrawal of the bid of the lowest responsive/responsible bidder; and award a construction contract to the next lowest responsive/responsible bidder for the Tustin Sports Park Turf Renovation Field #3.
Recommendation:
It is recommended that the City Council: 1. Consent to the withdrawal of the bid of the lowest responsive/responsible bidder, Empire Design & Build; and 2. Award the construction contract to Elegant Construction, Inc., the next lowest responsive/responsible bidder, in the amount of $433,975.25, for the Tustin Sports Park Renovation Field #3 project and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3. Authorize the remaining project budgeted appropriation in excess of ten percent (10%) above the contract amount as additional contingency for potential unforeseen conditions. Fiscal Impact: The FY 2025/2026 Capital Improvement Program budget includes an appropriation of $664,079 allocated from the Park Development Fund for the construction of the project.
Project expenditures include:
Construction Contract...........................................................$433,975.25 Deputy Inspection and Materials Testing....................................$5,4675.00 Estimated Expenditures......................................................$439,450.25
AGENDA REPORT
7. APPROVE CROSS-CONNECTION CONTROL AGREEMENT WITH THE IRVINE RANCH WATER DISTRICT The Irvine Ranch Water District has provided Cross-Connection Control services for the Tustin Water Services since 1999. Recent changes to the statewide cross- Recommendation:
It is recommended that the City Council: 1. Approve the Cross-Connection Control Agreement between Irvine Ranch Water District and the City of Tustin and authorize the Public Works Director to execute the agreement on behalf of the City; and 2. Appropriate $70,000 from Water Enterprise Fund 300 for additional services as outlined in the agreement. connection standards require an updated agreement between the City and Irvine Ranch Water District to comply with state regulations.
Fiscal Impact: Staff worked closely with the Irvine Ranch Water District in developing the proposed Cross-Connection Control Agreement (Attachment No. 1) to comply with new statewide cross-connection standards and reflect the level of service outlined in Tustin's Cross-Connection Control Management Plan (Attachment No. 2).
AGENDA REPORT
8. APPROVAL OF IT END USER SUPPORT SERVICES CONTRACT
The City’s IT Division is responsible for citywide Information Technology (IT) network, devices, and end user (help desk) support services. The increasing volume of end user support requests has required substantial attention from the IT team, diverting their focus from crucial infrastructure management tasks. To address this challenge, an End User Support Contract which provides dedicated services is recommended to manage and resolve these requests efficiently.
Recommendation:
It is recommended that the City Council authorize the City Manager or designee to execute a contract with 360S2G and subsequent amendments for up to 10% contingency when necessary for IT End User Support Services. Fiscal Impact: The annual cost of IT End User Support Services is $210,000 for up to 2,100 service hours. Sufficient budget has been appropriated in the Fiscal Year 2025-2026 Information Technology Fund. Contract cost for future years will be incorporated in future budget for the City Council's consideration.
AGENDA REPORT
9. RESOLUTION ESTABLISHING AN ALTERNATIVE LOCATION AND TIME FOR THE AUGUST 19, 2025, REGULAR MEETING OF THE CITY COUNCIL The City Council plans to convene as the Federally-designated Local Reuse Authority for the Former Marine Corps Air Station, Tustin on August 19, 2025. To encourage nearby residents, businesses and local agencies to participate and engage in that meeting, proposed Resolution 25-42 would change the location and the times of the City Council’s meeting on that day to the following location and times:
Location: Assembly Conference Room at 1715 Flight Way, Tustin, CA Date: August 19, 2025
Time: Closed Session: 4:30 p.m.
Open Session: 5:00 p.m.
Recommendation:
It is recommended that the City Council adopt attached Resolution 25-42 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AN ALTERNATIVE LOCATION AND TIMES FOR THE AUGUST 19, 2025, REGULAR MEETING OF THE TUSTIN CITY COUNCIL, AND THE TUSTIN CITY COUNCIL ACTING AS THE FEDERALLY DESIGNATED LOCAL REUSE AUTHORITY FOR FORMER MARINE CORPS AIR STATION TUSTIN. Fiscal Impact: There is no direct fiscal impact from changing the location and time of the City Council's Regular Meeting on August 19, 2025.
AGENDA REPORT
10. SELECTION OF A REAL ESTATE BROKER FOR MARKETING AND SOLICITATION SERVICES FOR APPROXIMATELY 21 ACRES OF CITY-OWNED PROPERTY WITHIN NEIGHBORHOOD E OF THE TUSTIN LEGACY SPECIFIC PLAN Request for selection of a real estate broker to provide marketing and solicitation services for approximately 21 acres of City-owned real property within Neighborhood E (Planning Areas 9-12) of the Tustin Legacy Specific Plan.
Recommendation:
Authorize the City Manager to negotiate and execute a Listing Agreement with Cushman & Wakefield, 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 commercial real estate broker is paid at close of escrow on a land sale or execution of a ground lease. The City and Cushman & Wakefield have negotiated the following commission:
Land Sale:
3.0% of gross purchase price up to the first $10,000,000.00
2.0% of gross purchase price between $10,000,000.00 to $20,000,000.00
1.0% of gross purchase price exceeding $20,000,000.00
Ground Lease:
3.0% of the total lease payments for Years 1-10
*Commission to be capped at first 10 years of ground lease payments.
The final compensation amount to be paid will depend on the success of a future conveyance. It is undetermined at this time whether conveyance will occur under a sale or ground lease.
AGENDA REPORT
11. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MAIN STREET AND OLD TOWN IMPROVEMENTS PROJECTS The plans and specifications for the Main Street Improvements Project and the Old Town Improvements Project have been completed, and the projects are now ready for bid. Construction is anticipated to begin in November 2025, with completion estimated in Summer 2026.
Recommendation:
It is recommended that the City Council adopt Resolution No. 25-15 approving the plans and specifications for the Main Street Improvements Project and the Old Town Improvements Project and authorize the City Clerk to advertise to receive bids. Fiscal Impact: The City Council approved the Fiscal Year 2025-2026 Capital Improvement Program on June 3, 2025, which includes funding in the amount of $7,000,000 for the Main Street Improvements Project and $3,993,741 for the Old Town Improvements Project. The engineer’s estimates are $6,820,000 for the Main Street Improvements Project and $4,370,000 for the Old Town Improvements Project. As the bids are received and verified, staff will bring back a recommendation to award a contract, and if necessary appropriate additional funding from Measure M2 and Gas Tax funds to complete the projects.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
ALDO E. SCHINDLER, CITY MANAGER
DAVID E. KENDIG, CITY ATTORNEY
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, August 5, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
NOTICE OF CLOSED SESSION MEETING CANCELLED AT 4:30 PM (SCHEDULED AT 5:00 PM)