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
AUGUST 5, 2025
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
CLOSED SESSON MEETING
- 4:30 PM
CALL TO ORDER - #3082
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 LABOR NEGOTIATOR [Cal. Gov’t Code section 54957.6.] Agency designated representative: Mayor Austin Lumbard Unrepresented employee: City Manager
REGULAR MEETING OF THE CITY COUNCIL
- 6:00 PM
CALL TO ORDER – #3082
INVOCATION - Rev. Tim Ellington, Aldersgate Methodist Church PLEDGE OF ALLEGIANCE – Council Member Fink
PRESENTATION – Recognition of Director of Community Development Justina Willkom for Years of Service to the Tustin Community.
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 1-10)
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 CLOSED SESSION MEETING AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 15, 2025.
Recommendation:
That the City Council approve the Action Minutes of the City Council Meeting held on July 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 $1,141,422.62 and $1,265,562.61 and Demands in the amount of $13,791,083.93.
AGENDA REPORT
4. 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, March 18, 2025, May 6, 2025, and June 17, 2025, the City 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 25-57 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 25-57
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
5. APPROVE CONSULTANT SERVICES AGREEMENT FOR STORM DRAIN MASTER PLAN Staff is recommending the City Council approve a Consultant Services Agreement with Rick Engineering Company to prepare a Storm Drain Master Plan for the City of Tustin. The agreement will enable the City to evaluate the current condition and capacity of the storm drain infrastructure, identify system deficiencies, and develop a prioritized, fundable Capital Improvement Program.
Recommendation:
It is recommended that the City Council: 1. Approve the Consultant Services Agreement with Rick Engineering Company to prepare a Storm Drain Master Plan and authorize the City Manager to execute the Agreement on behalf of the City; and 2. Authorize the City Manager to approve an amendment to the agreement of up to ten percent (10%) of the negotiated fee, to address any unforeseen change in the scope of work that is determined necessary to complete the planning process. Fiscal Impact: The Fiscal Year 2025-2026 Capital Improvement Program Budget has allocated $500,000 from Gas Tax (Fund 130) for this project. The proposed Consultant Services Agreement (Attachment 1) with Rick Engineering Company includes a not-to-exceed total compensation amount of $449,700.00, unless the City Manager amends the agreement in accordance with Recommendation 2 above. As such, sufficient funds exist for the recommended actions.
AGENDA REPORT
6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ARMSTRONG AVENUE PEDESTRIAN BRIDGE AND TUSTIN LEGACY NEIGHBORHOOD D SOUTH PHASE 2 - PACKAGE 2 PROJECTS The plans and specifications for the Armstrong Avenue Pedestrian Bridge Project and the Neighborhood D South Phase 2 - Package 2 Project have been completed, and the projects are now ready for bid. Staff recommends that both projects be bid together as one package to improve economies of scale with overlapping trades and assist with the overall project schedule and coordination. Construction is anticipated to begin in January 2026, with completion estimated in Spring 2027.
Recommendation:
It is recommended that the City Council: 1. Adopt Resolution No. 25-55 approving the plans and specifications for the Armstrong Avenue Pedestrian Bridge Project and the Neighborhood D South Phase 2 - Package 2 Project; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 25-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ARMSTRONG AVENUE PEDESTRIAN BRIDGE PROJECT, CIP NO. 70257 AND THE NEIGHBORHOOD D SOUTH PHASE 2 - PACKAGE 2 PROJECT, CIP NO. 70256 AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: The engineer's estimates for the Armstrong Avenue Pedestrian Bridge and Neighborhood D South Phase 2 - Package 2 projects are $6,200,000 and $3,000,000, respectively. The approved Fiscal Year 2025-2027 Budget includes funding in the amount of $6,253,700 for the Armstrong Avenue Pedestrian Bridge Project and $3,085,000 for the Neighborhood D South Phase 2 - Package 2 Project. As the bids are received and verified, staff will bring back a recommendation to award a contract.
AGENDA REPORT
7. ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE SOUTH HANGAR VINYL FENCE PROJECT Construction of the South Hangar Vinyl Fence 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. 25-56 accepting the improvement of the South Hangar Vinyl Fence Project, Capital Improvement Project No. 10076; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 25-56 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 SOUTH HANGAR VINYL FENCE PROJECT, (CIP NO. 10076) Fiscal Impact: The authorized contract amount was $1,428,376.00. The final construction costs are $1,417,465.55, reflecting a reduction in scope and the incorporation of project change orders. The scope reduction primarily involved the elimination of a portion of the razor wire as the project alignment moved closer to the hangar. The approved change orders included the addition of improvements along one side of Moffett Drive, the provision of attic stock, and modifications to the gates for entry points.
AGENDA REPORT
8. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDED JUNE 30, 2025 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy.
Recommendation:
Receive and file. Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
9. APPROVAL OF MICROSOFT ENTERPRISE AGREEMENT RENEWAL 2025-2028 The City currently has a Microsoft Enterprise Agreement for organization-wide licensing of Microsoft solutions such as Office 365, Azure (a cloud computing platform for application and service management), Windows operating system, and other Microsoft applications. The current agreement expires in August 2025. Staff recommends that the agreement be renewed for a three-year term through August 2028.
Recommendation:
It is recommended that the City Council authorize the City Manager or designee to execute the three-year agreement at the stated amount with up to 10% contingency through SoftChoice Corporation, a Microsoft Licensing Solutions Provider.Fiscal Impact: The annual cost of the Microsoft Enterprise Agreement is $207,000. Sufficient budget has been appropriated in the Fiscal Year 2025-2026 Information Technology Fund to support year one of the agreement. Costs for subsequent years will be incorporated in future budget for the City Council's consideration.
AGENDA REPORT
10. CITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A COMPETITIVE OFFERING FOR APPROXIMATELY 24 ACRES OF CITY-OWNED REAL PROPERTY WITHIN NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN Staff is requesting City Council consideration and approval to release a competitive offering for approximately 24 acres of City-owned real property within Neighborhood D (Planning Areas 13-14) of the Tustin Legacy Specific Plan pursuant to the City Council Resolution 25-10.
Recommendation:
It is recommended that the City Council take the following actions: 1. Authorize staff to release a competitive offering for approximately 24 acres of City-owned real property within Neighborhood D (Planning Areas 13-14) of the Tustin Legacy Specific Plan pursuant to City Council Resolution 25-10; and 2. Authorize the City Manager to continue and/or enter into temporary leases and licenses prior to final disposition. Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
PUBLIC HEARING ITEMS 11-12
11. 2025 PUBLIC HEALTH GOAL REPORT
The California Health and Safety Code requires public water systems serving more than 10,000 service connections to prepare a Public Health Goal report every three years and conduct a public hearing to provide information to consumers on water quality. For the 2022-2024 reporting period, the City's drinking water quality complied with all state and federal drinking water standards.
Recommendation:
It is recommended that the City Council: 1. Conduct a public hearing to receive comments and input related to the 2025 Public Health Goal Report; and 2. Approve the 2025 Public Health Goal Report at the conclusion of the public hearing. Fiscal Impact: Sufficient funds were appropriated in the Water Enterprise Operating Budget to complete this report.
AGENDA REPORT
12. INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1570 APPROVING TUSTIN POLICE DEPARTMENT POLICY 706 – MILITARY EQUIPMENT USE POLICY Assembly Bill 481 requires the Tustin Police Department to seek City Council approval by ordinance for the funding, acquisition, and use of equipment defined by the law as “military equipment.” This report outlines staff’s work in complying with the new law and recommends the introduction of an ordinance approving the Department’s continued utilization of this equipment and a policy governing the Department’s use of the equipment outlined in Tustin Police Department Policy 706 – Military Equipment Use Policy.
Recommendation:
Introduce Ordinance No. 1570 (Attachment 1) approving Tustin Police Department Policy 706 – Military Use Equipment Policy, in compliance with Assembly Bill 481 by reading of the title only and waive further reading. ORDINANCE NO. 1570
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: The estimated annual cost for the use and maintenance of military equipment in the Tustin Police Department’s current inventory, as well as any military equipment anticipated for acquisition in the upcoming year, is outlined within Policy 706 under each specific equipment category. Funding for existing equipment has already been appropriated as part of the current adopted budget. Any future acquisition of new military equipment will be evaluated and incorporated into subsequent annual budgets for City Council review and consideration.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
ALDO E. SCHINDLER, CITY MANAGER
DAVID E. KENDING, 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 19, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:00 p.m.