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
SEPTEMBER 15, 2026
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
NOTICE OF CANCELLATION
PUBLIC INPUT INSTRUCTIONS
PRESENTATION-ITEM 11
PRESENTATION - ITEM 12
ITEMS DISTRIBUTED TO COUNCIL LESS THAN 72 HRS
OPPOSITION LETTERS RECEIVED SEPTEMBER 11, 2026-ITEM 11
OPPOSITION LETTERS RECEIVED SEPTEMBER 14, 2026-ITEM 11
OPPOSITION LETTERS RECEIVED SEPTEMBER 14, 2026-ITEM 11
OPPOSITION LETTER RECEIVED SEPTEMBER 15, 2026-ITEM 11
PUBLIC INPUT-MICHAEL MAVROVOUNIOTIS
SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:00 P.M.
CALL TO ORDER – #3106
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): (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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - [Government Code § 54956.9(d)(1)] Name of case: Onterris Response and Recovery, LLC, et al, v. City of Tustin et al., O.C.S.C. Case No. 30-2026-01572066-CU-BC-CJC.
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8] (1 case) A. Property Address/Description: APN 430-481-12
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: Steve Strom, Managing Director, CD-CW (Tustin) LLC Under Negotiation: Price and Terms of Payment
REGULAR MEETING OF THE CITY COUNCIL AND THE TUSTIN HOUSING AUTHORITY - 6:00 P.M.
CALL TO ORDER – #3106
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion PRESENTATIONS - Orange County Hunger Alliance: Hunger Action 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 1-10)
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 SEPTEMBER 1, 2026.
Recommendation
: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 1, 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 $1,225,615.64 and Demands in the amount of $8,027,486.25.
AGENDA REPORT
4. 2026 BIENNIAL CONFLICT OF INTEREST CODE REVIEW
Biennially, the City is required to review the list of designated positions identified in the Conflict of Interest Code to ensure it accurately reflects the City’s current organizational structure and designated positions.
Recommendation
: That the City Council adopt Resolution No. 26-53. RESOLUTION NO. 26-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN, AND SUPERSEDING RESOLUTION NO. 24-63 Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
5. AWARD CONSTRUCTION CONTRACT FOR THE ARMSTRONG AVENUE PEDESTRIAN BRIDGE AND NEIGHBORHOOD D-SOUTH PHASE 2 - PACKAGE 2 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Armstrong Avenue Pedestrian Bridge and Neighborhood D-South Phase 2 - Package 2 Projects. Additionally, authorize amendments to the consultant service agreements with T.Y. Lin International and Michael Baker International for engineering and construction support services throughout construction.PROJECTS Recommendation
: Recommendation: It is recommended that the City Council:
1. Award a construction contract in the amount of $7,574,038.81 for the Armstrong Avenue Pedestrian Bridge and Neighborhood D-South Phase 2 - Package 2 Projects to Toro Enterprises, Inc. as the lowest responsive and responsible bidder, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City;
2. Approve a fifteen percent project contingency for the Armstrong Pedestrian Bridge Project and authorize the City Manager to execute necessary change orders for up to fifteen percent of the original contract amount;
3. Approve Amendment No. 2 of the Consultant Services Agreement with T.Y. Lin International in the amount of $170,000.00 to provide construction engineering support and authorize the City Manager to execute the change order on behalf of the City; and
4. Approve Amendment No. 4 of the Consultant Services Agreement with Michael Baker International in the amount of $50,000.00 to provide construction engineering support and authorize the City Manager to execute the change order on behalf of the City.
Fiscal Impact: The engineer's estimates for the Armstrong Avenue Pedestrian Bridge and Neighborhood D South Phase 2 - Package 2 projects are $5,522,000 and $4,242,000, respectively. The approved Fiscal Year 2026-2027 Capital Improvement Program includes construction funding in the amount of $6,207,489 for the Armstrong Avenue Pedestrian Bridge and $5,000,000 for the Neighborhood D South Phase 2 - Package 2 Project. Forecasting the complexities associated with bridge construction, staff is also recommending a fifteen percent (15%) contingency be authorized for the Armstrong Pedestrian Bridge project.
Both projects are fully funded in the Fiscal Year 2026-2027 Budget, including the fifteen percent project contingency for Armstrong Pedestrian Bridge, with overall construction expenses itemized below. Once construction is complete, all remaining budgetary appropriations will be returned to the appropriate fund balances to be used on future Tustin Legacy projects.
AGENDA REPORT
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1580 APPROVING THE DEVELOPMENT OF THE 6.14-ACRE SITE WITHIN TUSTIN LEGACY Adoption of Ordinance No. 1580 approves Development Agreement 2025-0001, facilitating the development of the City-owned 6.14-acre site located at the southeast corner of Warner Avenue and Armstrong Avenue within Neighborhood D South of the Tustin Legacy Specific Plan. The project includes 172 residential units for active seniors and an approximately 143,000-square-foot assisted living and memory care facility.
Recommendation
: That the City Council have second reading by title only and adoption of Ordinance No. 1580. ORDINANCE NO. 1580 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2025-0001 BETWEEN THE CITY OF TUSTIN AND CD-CW (TUSTIN) LLC (CONFLUENT DEVELOPMENT) FOR THE DEVELOPMENT OF A 6.14-ACRE SITE WITHIN TUSTIN LEGACY WITH 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS AND AN APPROXIMATELY 143,000 SQUARE FOOT ASSISTED LIVING AND MEMORY CARE FACILITY Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
7. SELECTION OF A REAL ESTATE BROKER FOR MARKETING AND SOLICITATION SERVICES FOR THE SOUTH HANGAR SITE Request for selection of a real estate broker to provide marketing and solicitation services for the South Hangar and portions of the surrounding leased property, totaling approximately 32 acres, within Neighborhood D (Planning Areas 8, 13 & 14) of the Tustin Legacy Specific Plan.
Recommendation
: It is recommended that the City Council take the following actions:
1. Authorize the City Manager to negotiate and execute a Listing Agreement with CBRE, Inc., 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 direct fiscal impact given that commission to a real estate broker is paid by the prospective sublessee upon execution of a sublease. The following commission structure has been negotiated with the recommended broker, CBRE, and is consistent with industry standards.
Sublease: 3.0% of the total sublease payments for Years 1-5
1.5% of the total sublease payments for Years 6-10
0.75% of the total sublease payments for Years 11-15
0.37% of the total sublease payments for Years 16-20
*Commission to be capped at first 20 years of sublease payments.
AGENDA REPORT
8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1582 AMENDING TUSTIN CITY CODE CHAPTER 4, SECTION 1415 - POWERS AND DUTIES GENERALLY Adoption of Ordinance No. 1582 updates the Tustin City Code necessary to achieve consistency with prior voter-authorized amendments to the City Code and with existing practices established in the City’s Personnel Rules and Memoranda of Understanding Recommendation
: That the City Council have second reading by title only and adoption of Ordinance No. 1582. ORDINANCE NO. 1582 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CITY CODE CHAPTER 4, SECTION 1415 - POWERS AND DUTIES GENERALLY Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
9. HOUSING AUTHORITY ANNUAL REPORT AND SENATE BILL 341 REPORT FOR FISCAL YEAR 2025-2026 Pursuant to California Health and Safety Code Sections 34328 and 34176.1(f), the Tustin Housing Authority has prepared the Fiscal Year 2025-26 Annual Housing Report, fulfilling the reporting requirements for both the Tustin Housing Authority and the Tustin Housing Successor.
Recommendation
: Recommend the Tustin Housing Authority:
* Receive and file the Annual Housing Report for Fiscal Year 2025-26 and transmit such report to the Tustin City Council; and * Direct that a copy of the Annual Housing Report for Fiscal Year 2025-26 be filed with the City Clerk and ex-officio Clerk of the City Council of the City of Tustin and the California Department of Housing and Community Development.
Recommend the City Council:
* Receive and file the Fiscal Year 2025-26 Annual Housing Report; and * Direct a copy of the Annual Housing Report be posted on the City of Tustin's website.
Fiscal Impact: There is no fiscal impact associated with this item.
AGENDA REPORT
10. APPROVE CONSULTANT SERVICES AGREEMENT FOR THE CIVIC CENTER CAMPUS ASSESSMENT AND FEASIBILITY STUDY Staff is recommending the City Council approve a Consultant Services Agreement with Griffin Structures for the Civic Center Campus Assessment and Feasibility Study. The study is intended to provide a long-term framework plan to assist the City Council in making informed decisions regarding the future of the Civic Center campus.
The study will evaluate existing facilities, identify current and future needs, and develop potential options and recommendations for the long-term use, improvement, or redevelopment of the campus. The findings will provide the City with a comprehensive foundation for establishing priorities, planning future investments, and determining the most appropriate path forward for the Civic Center Campus.
Recommendation
: That the City Council:
1. Approve a Consultant Services Agreement with Griffin Structures for the Civic Center Campus Assessment and Feasibility Study in the amount of $250,000; and authorize the City Manager to execute the Consultant Services Agreement and any necessary documents on behalf of the City; and
2. Authorize the City Manager to amend the agreement as-needed in an amount not to exceed twenty percent (20%) of the original contract amount.
Fiscal Impact: The total cost of the Consultant Services Agreement with Griffin Structures is $250,000 and staff is requesting up to $50,000 in City Manager amendment authority above the agreement amount.
The Fiscal Year 2026-27 operating budget includes sufficient funding for the study.
AGENDA REPORT
PUBLIC HEARING ITEMS 11
- 13
11. VACATION OF ENDERLE CENTER DRIVE
The California Streets and Highways Code authorizes the City Council, either on its own initiative or upon request of an interested party, to vacate all or a portion of a street found unnecessary for present or prospective public use. On May 28, 2026, a formal request was received from BWP Campo 1, LLC and Intracorp Socal-1 LLC, to vacate Enderle Center Drive. On June 16, 2026, the City Council adopted Resolution No. 26-30 declaring its intent to vacate and set a public hearing for September 15, 2026. On July 28, 2026, the Planning Commission adopted Resolution No. 4552, approving General Plan Conforming (GPC) 2026-0001 finding the proposed street vacation of Enderle Center Drive conforms with the City’s General Plan.
Recommendation
: It is recommended that the City Council take the following actions:
1. Conduct the public hearing to vacate Enderle Center Drive;
2. Adopt Resolution No. 26-49 ordering the vacation of Enderle Center Drive; and
3. Authorize the City Manager to take all actions and execute agreements necessary or appropriate to complete the vacation.
RESOLUTION NO. 26-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE VACATION OF ENDERLE CENTER DRIVE
Fiscal Impact: The vacation of Enderle Center Drive will save approximately $185,000 to $380,000 in near-term pavement rehabilitation costs, with the potential for approximately $740,000 to $1.9 million in avoided pavement rehabilitation expenditures over 30 years.
AGENDA REPORT
12. DEVELOPMENT AGREEMENT 2026-0002 FOR THE MARINERS CHURCH TUSTIN LEGACY PROJECT This item is consideration of Development Agreement 2026-0002 between the City of Tustin and Mariners Church, a California non-profit religious corporation, for the development of a two-story religious assembly use on a vacant, City-owned site at the northeast corner of Warner Avenue and John Johnson Way, within Neighborhood D South of the Tustin Legacy Specific Plan.
Recommendation
: Recommend the City Council Introduce and conduct first reading by title only of Ordinance No. 1581, approving Development Agreement 2026-0002 to facilitate the development and conveyance of the 3.324-acre City-owned site, and set the second reading and adoption for the next available City Council meeting. ORDINANCE NO. 1581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2026- 0002 BETWEEN THE CITY OF TUSTIN AND MARINERS CHURCH, A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION FOR THE DEVELOPMENT OF A 33,422 SQUARE FOOT RELIGIOUS ASSEMBLY USE WITHIN NEIGHBORHOOD D OF THE TUSTIN LEGACY SPECIFIC PLAN Fiscal Impact: There is no fiscal impact associated with the introduction and adoption of Ordinance No. 1581. The Development Agreement does not convey the property or establish the purchase price; those terms were set in the Purchase and Sale Agreement previously approved by the City Council.
AGENDA REPORT
13. INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1579 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 law as "military equipment." This report summarizes the Department’s continued compliance with the law and recommends introduction of an ordinance renewing approval of the Department’s continued use of this equipment and Tustin Police Department Policy 706, Military Equipment Use Policy.
Recommendation
: That the City Council:
1. Introduce Ordinance No. 1579 (Attachment 2) approving Tustin Police Department Policy 706, Military Equipment Use Policy, in compliance with Assembly Bill 481 by reading the title only and waiving further reading.
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 equipment anticipated for acquisition during the upcoming year, is identified within Policy 706 under each applicable equipment category. Funding for existing equipment has been appropriated through the current adopted budget. Any future acquisition of new military equipment will be evaluated and incorporated into a subsequent annual budget for City Council review and consideration.
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 COMMUNTS 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, October 6, 2026, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those requiring accommodations for this meeting should notify the City Clerk’s Office 72 hours prior to the meeting at (714) 573-3025.