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
APRIL 21, 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 8
PUBLIC INPUT COMMENT- MICHAEL SPECK, HABITAT FOR HUMANITY (ITEM 8) PUBLIC INPUT COMMENT- HEIDI ECHEVERRIA, HUMAN OPTIONS (ITEM 8) PUBLIC INPUT COMMENT- LEAH BARRETT, TUSTIN POLICE FOUNDATION (ITEM 8) PUBLIC INPUT COMMENT- MELANIE FAURE, UPWARDS (ITEM 8)
PUBLIC INPUT-GABRIL GROEN (ECOMMENT)
PUBLIC INPUT-CHELSEA PARLETT (ECOMMENT)
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER - #3097
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): (1 case)
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
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] (1 case) A.
Property Address/Description: APN 430-251-23
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 Negotiating Parties: Lincoln Property Company
Under Negotiation: Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL
- 6:00 P.M.
CALL TO ORDER - #3097
INVOCATION - Pastor Sharon Barnes - Haven of Healing Ministry PLEDGE OF ALLEGIANCE - Council Member Nielsen
PRESENTATION - Wildfire Awareness and Prevention Proclamation, 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 Items 1-7)
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 REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 7, 2026.
Recommendation:
That the City Council approve the Action Minutes of the City Council Special Closed Session Meeting and the Regular Meeting held on April 7, 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 $1,138,859.73 and Demands in the amount of $3,914,794.08.
AGENDA REPORT
4. 2026 CITYWIDE RECORDS RETENTION SCHEDULE AMENDMENT
Staff is proposing the adoption of a revised Records Retention Schedule.
Recommendation:
Recommend the City Council adopt Resolution No. 26-18 (Attachment 1), amending the City's Records Retention Schedule. RESOLUTION NO. 26-18 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. 25-32 Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
5. REINSTATEMENT AND AMENDMENT OF EXCLUSIVE NEGOTIATING AGREEMENT WITH CD-CW (TUSTIN) LLC FOR A PORTION OF LAND AT TUSTIN LEGACY Request for approval to reinstate, amend and extend the Exclusive Negotiating Agreement with CD-CW (Tustin) LLC to continue the negotiating period for the disposition and development of a portion of Disposition Area 8B at Tustin Legacy in order to facilitate a close of escrow of the property by the end of this year. The extension would provide an initial 60-day period for CD-CW (Tustin) LLC to secure an equity partner for the project with an executed Letter of Intent. Further extensions of the Exclusive Negotiating Agreement through October 2026 would be permitted, as needed, for CD-CW (Tustin) LLC to achieve milestones consisting of entitlement approvals, completion of DDA negotiations and execution, and completion of construction plans for permit review submittal.
Recommendation:
Recommended that the City Council take the following action:
1. Authorize the City Manager to execute a reinstatement and amendment to the Exclusive Negotiating Agreement reflecting the extensions as requested by CD-CW (Tustin) LLC, establish a milestone schedule of performance for CD-CW (Tustin) LLC to adhere to, and make any non-substantive additions or modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney.
Fiscal Impact: The Exclusive Negotiating Agreement will be amended to require a $300,000 extension deposit for the first 60-day extension and a $100,000 monthly extension deposit for the remainder of the ENA Negotiating Period. The extension deposits are non-refundable, however, if the Disposition and Development Agreement is executed and close of escrow occurs, the extension deposits (without interest accrued) are applicable to the purchase price and the purchase price deposit.
CD-CW (Tustin) LLC also has a deposit account with the City that will continue to fund the City transaction expenses incurred by staff and third-party consultants including the retention of legal counsel associated with the negotiation and drafting of the transaction documents.
AGENDA REPORT
6. 2025 YEAR IN REVIEW - COMMUNITY DEVELOPMENT
The 2025 Year in Review summarizes the Community Development Department's programs and activities conducted from January 2025 through December 2025.
Recommendation:
Recommend the City Council receive and file the report. Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
7. AWARD CONSTRUCTION CONTRACT FOR THE HEIDEMAN SCHOOL PARK PROJECT Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Heideman School Park Project. Construction is anticipated to begin June 2026, with completion estimated in Summer 2027.
Recommendation:
Recommended the City Council:
1. Award a construction contract to the lowest responsive/responsible bidder, Horizons Construction Company Int'l Inc. in the amount of $6,324,767.70 for the Heideman School Park Project and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and
2. Appropriate $2,583,196 from Park Development Fund (Fund 131).
Fiscal Impact: The adopted Fiscal Year 2025-2026 Capital Improvement Program budget includes funding in the amount of $5,042,804 from Proposition 68 Statewide Parks Program Grant for the Heideman School Park project. Of this grant amount, $200,000 has been spent on pre-construction activities and the remaining $4,842,804 is available for the construction phase.
The total construction cost as outlined below is $7,426,000. The requested appropriation of $2,583,196 is required to fully fund the Heideman School Park Project, the Park Development Fund (Fund 131) has sufficient funds to support the above appropriation request.
Construction expenses include:
Construction Contract...............................................................$6,324,767.70 Contingency (10%)......................................................................$633,232.30 Construction Support...................................................................$468,000.00 Total Budget.............................................................................$7,426,000.00
AGENDA REPORT
PUBLIC HEARING ITEMS 8 & 9
8. COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN FOR PROGRAM YEAR 2026-2027 The Housing and Community Development Act of 1974 established the Community Development Block Grant program to provide federal funding to local communities for viable urban development, including decent housing, suitable living environments, and expanded economic opportunities for low- and moderate-income persons.
Every five years, the City of Tustin prepares a five-year Consolidated Plan identifying local needs related to affordable housing, supportive services, community development, and economic opportunity. The attached Annual Action Plan implements the Consolidated Plan's goals and objectives for the 2026-27 program year and acts as the City's application for Community Development Block Grant funding.
Recommendation:
Recommend the City Council adopt Resolution No. 26-14: Approving the program year 2026–27 Annual Action Plan and funding allocations totaling $772,043 in Community Development Block Grant funds; and Authorizing the Community Development Director to submit the Annual Action Plan to the federal Department of Housing and Urban Development and make minor modifications to the Action Plan including executing documents, certifications, contracts, or other items as may be required to carry out the Community Development Block Grant program.
RESOLUTION NO. 26-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2026-27 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Fiscal Impact: The proposed 2026–27 Annual Action Plan programs and expenditures will be funded through the Community Development Block Grant. The City anticipates a Program Year 2026–27 allocation of $772,043. No General Fund impact is anticipated.
AGENDA REPORT
9. CONDUIT FINANCING FOR USA TUSTIN LEGACY 5 & 6 APARTMENTS PROJECT Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act ("TEFRA") on April 21, 2026 in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the "CMFA"), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $80,000,000, (the "Bonds"), to finance and refinance the acquisition, construction, development and equipping of a 334-unit (including four manager's units) multifamily rental housing project located on an approximately 5.46-acre site generally bounded by Warner Avenue to the north, Compass Avenue to the west, Legacy Road to the east and Airship Avenue to the south (the "Project") in the City of Tustin.
Recommendation:
Recommend the City Council:
1. CONDUCT A PUBLIC HEARING UNDER THE REQUIREMENTS OF TEFRA AND THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"); and
2. ADOPT RESOLUTION 26-19, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF EXEMPT FACILITY BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE OUTSTANDING PRINCIPAL AMOUNT NOT TO EXCEED $80,000,000 TO FINANCE AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF TUSTIN 738, L.P. (OR AN AFFILIATE), AND CERTAIN OTHER MATTERS RELATING THERETO RESOLUTION NO. 26-19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF EXEMPT FACILITY BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE OUTSTANDING PRINCIPAL AMOUNT NOT TO EXCEED $80,000,000 TO FINANCE AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF TUSTIN 738, L.P. (OR AN AFFILIATE), AND CERTAIN OTHER MATTERS RELATING THERETO Fiscal Impact: The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the borrower, Tustin 738, L.P., and the City will have no financial and legal obligations, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City of Tustin, the County of Orange, or the State of California but are to be paid for solely from funds provided by the Borrower.
The Board of Directors of the California Foundation for Stronger Communities, a California nonprofit public benefit corporation (the "Foundation"), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Tustin, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. The Borrower will be the beneficiary of the CMFA's charitable donation through a 25% reduction in issuance fees.
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, May 5, 2026, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.