CITY OF TUSTIN REGULAR
MEETING OF THE CITY COUNCIL
Ray Schnell, Mayor Pro Tem
Ryan Gallagher, Councilmember
Lee K. Fink, Councilmember
John Nielsen, Councilmember
Austin Lumbard, Mayor
FEBRUARY 17, 2026
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 11
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3093
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), (e)(2), (e)(3), (e)(5): (3 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. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION pursuant to Cal. Gov’t Code § 54956.9(d)(1): (1 case) Amber Armbruster vs the City of Tustin Orange County Superior Court Case No. 30-2024-01390300-CU-WT-CJC
5. LIABILITY CLAIM - [Government Code § 54956.95] Claimant: The Center for Toxicology and Environmental Health, L.L.C Agency claimed against: City of Tustin
REGULAR MEETING OF THE CITY COUNCIL
- 6:00 P.M.
CALL TO ORDER – #3093
INVOCATION – Major Ken Perine, Salvation Army Tustin Ranch Corps PLEDGE OF ALLEGIANCE – Council Member Gallagher
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 REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 3, 2026.
Recommendation:
That the City Council approve the Action Minutes of the City Council Regular Meeting held on February 3, 2026.
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 $1,150,490.17 and Demands in the amount of $5,793,988.62.
AGENDA REPORT
4. FISCAL YEAR 2024-2025 AUDIT REPORTS
The financial statement audit for the 2024-2025 fiscal year has been completed by Davis Farr LLP, an independent Certified Public Accountant firm. The audit received an "unmodified", or clean opinion from the auditors indicating that the City’s financial statements for the fiscal year are presented fairly. Davis Farr LLP discussed the results of the audit with the Audit Commission on January 22, 2026.
Recommendation:
It is recommended that the City Council receive and file the fiscal year 2024-2025 audit reports.Fiscal Impact: The total contractual cost of the annual audit with Davis Farr LLP is $46,240 and has been incorporated in the current year budget. Of this amount, $9,248 is charged to the Water Enterprise Fund, and $36,992 is charged to the General Fund.
AGENDA REPORT
5. AWARD OF CONSULTANT SERVICES AGREEMENT TO R3 CONSULTING GROUP, INC.
The City has an exclusive agreement with CR&R, Inc. for all residential and commercial waste collection services, including recycling and organic material collection services. The current agreement with CR&R, Inc. expires on March 31, 2028. Staff is recommending that the City Council approve a Consultant Services Agreement with R3 Consulting Group, Inc., to assist in the development of a Request for Proposals to solicit new solid waste service proposals and negotiate a new solid waste agreement before the expiration of the current agreement.
Recommendation:
It is recommended that the City Council:
1. Approve the Consultant Services Agreement with R3 Consulting Group and authorize the City Manager to execute the Agreement on behalf of the City;
2. Appropriate $329,290 from the Solid Waste Fund; and
3. 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.
Fiscal Impact: The proposed Consultant Services Agreement with R3 Consulting Group includes a not-to-exceed total compensation amount of $329,290, unless the City Manager amends the agreement in accordance with Recommendation 3 above. This action will approve the agreement and appropriate $329,290 from the Solid Waste Fund for the total cost of these services. Consistent with the 2018 agreement, the City will be fully reimbursed for these costs upon award of the new solid waste agreement.
AGENDA REPORT
6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK TURF RENOVATION FIELD #3 The Tustin Sports Park Turf Renovation Field #3 has been completed, and the project is now ready for City Council acceptance.
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution No. 26-08 accepting the Tustin Sports Park Turf Renovation Field #3 (CIP 20093); and
2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office.
RESOLUTION NO. 26-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK TURF RENOVATION FIELD #3 (CIP NO. 20093)
Fiscal Impact: On July 15, 2025, the City Council authorized project funding in the amount of $664,070 as appropriated in the FY 2025/2026 Capital Improvement Program from the Park Development Fund. The final cost of the contract was $491,726.21, including change orders initiated by the City totaling $57,750.96 under the original scope of work.
AGENDA REPORT
7. AMENDED LISTING AGREEMENT WITH CUSHMAN & WAKEFIELD FOR MARKETING, SOLICITATION, AND NEGOTIATION SERVICES FOR APPROXIMATELY 43 ACRES OF CITY-OWNED REAL PROPERTY WITHIN THE TUSTIN LEGACY SPECIFIC PLAN Amended Listing Agreement with Cushman & Wakefield to provide marketing, solicitation, and negotiation services for approximately 43 acres of City-owned real property within Neighborhood E (Planning Areas 9-12) and Neighborhood D South (Planning Areas 13-14) of the Tustin Legacy Specific Plan.
Recommendation:
Authorize the City Manager to:
1. Negotiate and execute an amended Listing Agreement with Cushman & Wakefield for the expanded offering area described below, and including a commission in an amount not to exceed the economic terms described below, in a form approved by the City Attorney; and
2. Negotiate and execute subsequent amendment(s) to the Listing Agreement provided the total commission does not exceed the economic terms described below, and the amendment(s) are in a form approved 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 from the Land Sale Proceeds fund. 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.
AGENDA REPORT
8. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2025
The Parks & Recreation Department Annual Report summarizes the Department’s activities throughout 2025.
Recommendation:
It is recommended that the City Council receive and file this report.Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1575 - CROSS CONNECTION CONTROL Adoption of Cross-Connection Control Ordinance No. 1575 formally establishes regulatory authority, program requirements, and appropriate enforcement mechanisms necessary to protect the City’s potable water system from contamination due to cross-connections and backflow events.
Recommendation:
That the City Council have second reading by title only and adoption of Ordinance No. 1575. ORDINANCE NO. 1575
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING SECTION 4907 TO THE TUSTIN CITY CODE INSTITUTING A CROSSCONNECTION CONTROL PROGRAM TO PROTECT THE PUBLIC WATER SYSTEM Fiscal Impact: Adoption of Ordinance 1575 does not result in additional fiscal impacts. In July 2025, the City Council approved an additional budget appropriation in the amount of $70,000 for the program implementation costs. Ongoing program costs are estimated at $100,000 annually and will be requested each year through the City's budget process.
AGENDA REPORT
10. 10 YEAR COOPERATIVE PURCHASE AGREEMENT WITH AXON ENTERPRISE, INC The City of Tustin Police Department seeks City Council authorization to enter into a ten-year cooperative purchasing agreement with Axon Enterprise, Inc. through Sourcewell Contract No. 101223-AXN. This agreement provides a comprehensive, integrated public safety technology platform that modernizes the Department’s body-worn camera program, in-car video systems, less-lethal devices, real-time operations capabilities, digital evidence management, and related training and support services. The proposed agreement replaces fragmented and aging systems with a unified, fully supported solution designed to improve officer safety, operational efficiency, transparency, and service to the community. During the evaluation of FY 25-26 mid-year request, a supplemental tool to leverage technology was also discovered in Axon AI Era Solution, which is an integrated suite of AI-powered tools that enhances policing by improving records and identity checks, and strengthening dispatch operations through a voice activated AI partner that provides real-time translation and the ability to triage non-emergency calls for service.
AGENDA REPORT
REGULAR BUSINESS ITEM 11
11. MID-YEAR BUDGET UPDATE FOR FISCAL YEAR 2025-2026
The General Fund operating revenues are projected to be $3.7 million higher than the adopted budget and General Fund operating expenditures are projected to be $0.5 million lower than the adopted budget. This results in a $0.6 million operating surplus as opposed to the $3.5 million operating deficit projected at the time the budget was originally adopted in June.
This report offers two budget options for the General Fund and Land Sale Proceeds funds. At June 30, 2026, budget option 1 retains supplemental Land Sale Proceeds funds for a General Fund Reserve level of $31 million or 29% of General Fund operating expenditures. Given the projected change from an operating deficit to an operating surplus, staff recommends Budget option 2, which returns supplemental Land Sale Proceeds funds and still maintains the General Fund's reserves at $26 million or 24% of General Fund operating expenditure.
Recommendation:
Staff recommend that the City Council:
1. Direct staff to proceed with Budget option 2;
2. Approve carryover budgets and authorize supplemental appropriations and revenues as outlined in attachment 2 to this report;
3. Adopt the "baseline" UAL Pension Funding Plan for 2027-2032, which addresses the City's UAL obligations through mandatory contributions with a target payoff in year 2032; additional voluntary UAL contributions may be funded from non-recurring revenues at the City Council's discretion; re-analyze the funding plan annually; and
4. Adopt Resolution No. 26-09, approving a Pilot Tustin Community Support Grants Program and funding appropriation.
RESOLUTION NO. 26-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A PILOT TUSTIN COMMUNITY SUPPORT GRANTS PROGRAM Fiscal Impact: The General Fund's Mid-Year Review projects a $0.6 million operating surplus as opposed to a $3.5 million operating deficit from the adopted budget. The Water Funds' Mid-Year Review projects little change from the adopted budget. The proposed supplemental appropriations for other funds will be covered by existing revenues and available fund balances. As for the proposed supplemental appropriations for capital projects, they will be funded from available fund balances or grants.
AGENDA REPORT
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
CITY MANAGER ALDO E. SCHINDLER
CITY ATTORNEY DAVID E. KENDIG
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
COUNCIL MEMBER NIELSEN
COUNCIL MEMBER FINK
COUNCIL MEMBER GALLAGHER
MAYOR PRO TEM SCHNELL
MAYOR LUMBARD
ADJOURNMENT
- The next meeting is scheduled on Tuesday, March 3, 2026, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.