City Council July 15, 2025
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MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M.
CALL TO ORDER – #3081 at 5:00 p.m.
ROLL CALL – City Clerk Erica N. Yasuda noted for the record that all members were present.
PUBLIC INPUT – None
CLOSED SESSION UPDATE – City Attorney David E. Kendig: The City Council convened to discuss Items 5 and 6 as they appear on the Closed Session Agenda.
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
CITY OF TUSTIN MEETING JULY 15, 2025
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
John Nielsen, Mayor Pro Tem
Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager Ray Schnell, Council Member Erica N. Yasuda, City Clerk Lee K. Fink, Council Member David E. Kendig, City Attorney
Agenda Item 2
Reviewed:
City Manager ______
Finance Director N/A
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City Council July 15, 2025
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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
Recessed at 5:00 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER – #3081 at 6:00 p.m.
INVOCATION - Fr. Michael T. Khong, St. Cecilia Church
PLEDGE OF ALLEGIANCE – Council Member Ryan Gallagher
PRESENTATION – On behalf of the City Council, Council Member Fink presented a Proclamation to the Community Services Commission in recognition of Parks Make Life Better Month.
PUBLIC INPUT – None
CLOSED SESSION REPORT – City Attorney David E. Kendig: Regarding Item No. 5, Council unanimously authorized a settlement agreement. The specifics of which will be disclosed publicly upon request once the settlement is finalized by the parties. Other than that, there was no reportable action.
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CONSENT CALENDAR ITEMS 1-11 -
Council Member Schnell requested to pull Item No. 4
Mayor Pro Tem Nielsen requested to pull Item No. 7
Council Member Fink requested to pull Items 6 and 11.
PUBLIC INPUT FOR THE BALANCE OF THE CONSENT CALENDAR – None
It was moved by Council Member Schnell and seconded by Council Member Gallagher to pull Items 4, 6, 7, and 11 and approve the balance as recommended by staff.
Roll Call Vote – 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 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 MEETING AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 17, 2025.
Motion: The City Council approve d the Action Minutes of the City Council Meeting held on June 17, 2025.
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 approve d Payroll in the amount of $ 2,258,397.55 and Demands in the amount of $6,356,454.31.
4. ORDER THE PREPARATION OF THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025
Council Member Schnell recused himself due to a potential conflict of interest and left the dais.
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 Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F9610C41D36F City Council July 15, 2025
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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.
Public Input – None
It was moved by Council Member Gallagher and seconded by Council Member Fink that the City Council adopted Resolution No. 25- 54 ordering the preparation of the Engineer’s Report for the Tustin Landscape and Lighting Reassessment District 2025.
Roll Call Vote – City Clerk
Motion carried: 4-0
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 were 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.
Council Member Schnell returned to the dais.
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.
Motion: The City Council:
1. Adopted Resolution No. 25- 51 accepting the Council Chamber/Community Center Roof Replacement Project; and
2. Authorized 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 Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F9610C41D36F City Council July 15, 2025
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CHAMBER/COMMUNITY CENTER ROOF REPLACEMENT PROJECT (CIP NO. 10032)
Fiscal Impact: The authorized contract amount was $786,786.00. The final construction costs were $763,147.00, including a reduction in materials and associated freight and project change orders.
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.
Public Input – None
It was moved by Council Member Fink to approve staff’s recommendation with an amendment to direct staff to have a formal tracking of bidders . The motion did not receive a second.
It was moved by Council Member Gallagher and seconded by Council Member Schnell that the City Council:
1. Consented to the withdrawal of the bid of the lowest responsive/responsible bidder, Empire Design & Build; and
2. Awarded 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 authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City; and
3. Authorized the remaining project budgeted appropriation in excess of ten percent (10%) above the contract amount as additional contingency for potential unforeseen conditions.
Roll Call Vote – City Clerk
Motion carried: 4-1 (Council Member Fink dissented)
Fiscal Impact: The FY 2025/2026 Capital Improvement Program budget include d an appropriation of $664,079 allocated from the Park Development Fund for the construction of the project.
Project expenditures included:
Construction Contract…………………………………………………..$433,975.25
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Estimated Expenditures………………………………………………$439,450.25
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 - connection standards require an updated agreement between the City and Irvine Ranch Water District to comply with state regulations.
Public Input - None
It was moved by Mayor Pro Tem Nielsen and seconded by Mayor Lumbard that the City Council:
1. Approved the Cross -Connection Control Agreement between Irvine Ranch Water District and the City of Tustin and authorized the Public Works Director to execute the agreement on behalf of the City; and
2. Appropriated $70,000 from Water Enterprise Fund 300 for additional services as outlined in the agreement.
Roll Call Vote – City Clerk
Motion carried: 5-0
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).
The Tustin Cross-Connection Control Management Plan was submitted to the State Water Resources Control Board on June 30, 2025. The anticipated annual cost to implement this updated program will increase from $30,000 to $100,000. To fully fund this program, staff is requesting that the City Council appropriate $70,000 for Fiscal Year 2025-26. Moving forward, funding will be requested during the City’s annual budget process.
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.
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Motion: The City Council authorize d 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.
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.
Motion: The City Counci l adopted 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 was no direct fiscal impact from changing the location and time of the City Council’s Regular Meeting on August 19, 2025.
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.
Motion: Authorized 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.
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Fiscal Impact: There was 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.
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.
Public Input –
1. Tony Pelleriti
2. Ethan
3. John Garay
It was moved by Mayor Pro Tem Nielsen and seconded by Council Member Fink that the City Council adopted Resolution No. 25-15 approving the plans and specifications for the Main Street Improvements Project and the Old Town Improvements Project and authorized the City Clerk to advertise to receive bids.
Roll Call Vote – City Clerk
Motion carried: 5-0
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 Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F9610C41D36F City Council July 15, 2025
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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.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Aldo E. Schindler
On the legislative front, following this week’s Federal House Representative Appropriations Sub-Committee mark-ups, the City of Tustin’s security and improvements project - which includes the installation of security cameras at public parks, City facilities, and the Tustin Hangar - was included in the appropriations language for the Commerce, Justice, Science, and Related Agencies Subcommittee, which is great news for Tustin.
Announced project funding has not been reduced, which is great news; it remains at 2.5 million dollars; will continue to monitor this and other requests
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
Councilmember Fink
June 26
Attended the Orange County Santa Ana River Flood Protection Agency Board of Directors meeting; announced approval of the budget.
Announced had the opportunity to read to several children during Storytime at the Tustin Library.
July 4
• Participated in the Tustin Meadows 4th of July Parade. • Attended the City of Tustin 4th of July Celebration event at Tustin High School; it was a great event.
July 8
Attended the Tustin Chamber of Commerce Economic Development meeting; it was the first networking lunch in several years; announced there will be a monthly luncheon.
Announced on Thursday, July 16th the Chamber of Commerce will have a 10 th Anniversary
Celebration and Ribbon Cutting ceremony for Pure Barre; there will also be a Lunch Mob at the Corner Bakery that day.
July 12
Attended the Old Town Tustin Saturday Farmers Market; was very pleased to be able to attend the Farmers Market; thanked City Manager, Aldo E. Schindler and city staff for working hard to bring the Farmers Market to Old Town Tustin on a Saturday; thanked th e Docusign Envelope ID: 38064E8A-4F76-44FF-82D5-F9610C41D36F City Council July 15, 2025
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Prescott Family for allowing the market to take place on their property; thanked the Orange County Farm Bureau for organizing the event.
Announced has a booth at the Tustin Sunset Market; encouraged everyone to come out and to stop by his booth.
Council Member Schnell
No Report
Council Member Gallagher
Congratulated City Manager Aldo E. Schindler on his one-year anniversary with the City of Tustin; announced he has done an incredible job this past year and continues to move the City forward; looks forward to many more years.
Mayor Pro Tem Nielsen
June 18
Attended the Tustin Effective Apartment Managers (TEAM) luncheon; announced they do a great job in the south-
west area of Tustin; great presence from the City, Tustin Police Chief Sean Thuilliez was a speaker and City Manager Aldo E. Schindler was in attendance.
June 25
Participated in the Tustin Community Foundation Zoom call.
June 27
Was a speaker to a large group of realtors at the North Hills Realty meeting.
June 30
Attended the Centennial Park Rededication Ceremony.
July 9
Attended the Tustin Concerts in the Park with the Tustin Host Lions Club; had a great time listening to 80s music performed by the group FlashPants; great job to the Parks and Recreation Department for a great concert series.
July 10
Attended the Tustin Senior Center Advisory Board meeting; discussed several items which included the Sunset Market, Tustin Street Fair and Chili Cook-Off event, Bingo Night at the Tustin Area Senior Center, as well as new flooring which will be installed on July 20, 2025 and the new front desk at the Tustin Area Senior Center.
Mayor Lumbard
Announced upcoming events.
July 16
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Concerts in the Park - Sega Genacide 90s and 00s
Location: Peppertree Park
Time: 6:00-8:00 PM
July 17
Sunset Market
Location: Old Town Tustin
Time: 5:00-8:30 PM
July 18
Movies in the Park - Finding Dory
Location: Frontier Park
Time: 6:00 PM
ADJOURNED at 6:39 p.m. 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.
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