City Council September 15, 2026
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MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 5:00 P.M.
CALL TO ORDER – #3106 at 5:01 p.m.
ROLL CALL – City Clerk
PUBLIC INPUT – None
CLOSED SESSION UPDATE – City Attorney David E. Kendig: The Council will be convening under Closed Session Agenda Item 1 to discuss a demand for payment from ATI Restoration, LLC related to services ATI performed under contract with the City while the City was serving as the Response Action Contractor for the United States Navy. In addition the Council will be convening with its real property negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Brian Moncrief, Deputy City Manager of Real Property; Ryan Swiontek, Deputy Director of Real Property as referenced in Item 5.
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) CITY OF TUSTIN MEETING SEPTEMBER 15, 2026
OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Ray Schnell, Mayor Pro Tem
Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager Lee K. Fink, Council Member Erica N. Yasuda, City Clerk John Nielsen, Council Member David E. Kendig, City Attorney Agenda Item 2
Reviewed:
City Manager ______
Finance Director N/A
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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)
Recessed at 5:02 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND
THE TUSTIN HOUSING AUTHORITY
6:00 P.M.
CALL TO ORDER – #3106 at 6:03 p.m.
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion
PRESENTATIONS – On behalf of the Mayor and City Council, Council Member Fink presented a proclamation to Malia Cary, Director of Government Affairs and Community Relations for Second Harvest Food Bank of Orange County in recognition of Orange County Hunger Alliance Hunger Action Month.
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 of 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
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PUBLIC INPUT –
1. Leslie H. (In-person)
2. Pam Connell (In-person)
3. Jared Walsh (In-person)
4. Kundan Chhabra (Zoom)
CLOSED SESSION REPORT – City Attorney David E. Kendig: The City Council took no reportable action.
CONSENT CALENDAR ITEMS 1-10 –
Council Member Fink requested to pull Items 5, 7 and 8.
PUBLIC INPUT FOR CONSENT CALENDAR ITEMS – None
It was moved by Council Member Gallagher and seconded by Council Member Fink to pull Items 5, 7, 8 and approved 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 REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 1, 2026.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the City Council held on September 1, 2026.
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 approved Payroll in the amount of $1,225,615.64 and Demands in the amount of $8,027,486.25.
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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.
Motion: The City Council adopted 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 was no fiscal impact associated with this item.
5. AWARD CONSTRUCTION CONTRACT FOR THE ARMSTRONG AVENUE PEDESTRIAN BRIDGE AND NEIGHBORHOOD D-SOUTH PHASE 2 – PACKAGE 2 PROJECTS
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.
Motion: It was moved by Council Member Fink and seconded by Mayor Pro Tem Schnell that the City Council:
1. Awarded 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 authorized the Mayor and the City Clerk to execute the contract documents on behalf of the City;
2. Approved a fifteen percent project contingency for the Armstrong Pedestrian Bridge Project and authorized the City Manager to execute necessary change orders for up to fifteen percent of the original contract amount;
3. Approved 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 authorized the City Manager to execute the change order on behalf of the City; and
4. Approved Amendment No. 4 of the Consultant Services Agreement with Michael Baker International in the amount of $50,000.00 to provide Docusign Envelope ID: 6C172253-F15B-8759-8129-667623A19BB1 City Council September 15, 2026
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construction engineering support and authorized the City Manager to execute the change order on behalf of the City.
Roll Call Vote – City Clerk
Motion carried: 5-0
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.
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 approved 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.
Motion: The City Council had 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 ARMSTRONG BRIDGE D-SOUTH PH.2 PKG.2
Construction Contract Amount $ 3,986,645.85 $ 3,587,392.96 Contingency $ 597,996.88 $ 358,739.30
Construction Support Services $ 170,000.00 $ 50,000.00
Construction Management $ 750,196.20 $ 250,503.40
TOTAL CONSTRUCTION COSTS $ 5,504,838.93 $ 4,246,635.66
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RESIDENTIAL UNITS FOR ACTIVE SENIORS AND AN APPROXIMATELY 143,000
SQUARE FOOT ASSISTED LIVING AND MEMORY CARE FACILITY
Fiscal Impact: There was no fiscal impact associated with this item.
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.
Motion: It was moved by Council Member Gallagher and seconded by Mayor Pro Tem Schnell that the City Council authorized 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.
Roll Call Vote – City Clerk
Motion carried: 5-0
Fiscal Impact: There was 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.
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
Motion: It was moved by Mayor Lumbard and seconded by Council Member Nielsen that the City Council had second reading by title only and adoption of Ordinance No. 1582.
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Roll Call Vote – City Clerk
Motion carried: 4-1 (Council Member Fink dissented)
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 was no fiscal impact associated with this item.
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.
Motion:
The Tustin Housing Authority:
• Received and filed the Annual Housing Report for Fiscal Year 2025-26 and transmit such report to the Tustin City Council; and
• Directed 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.
The City Council:
• Received and filed the Fiscal Year 2025-26 Annual Housing Report; and • Directed a copy of the Annual Housing Report be posted on the City of Tustin’s website.
Fiscal Impact: There was no fiscal impact associated with this item.
10. APPROVE CONSULTANT SERVICES AGREEMENT FOR THE CIVIC CENTER
CAMPUS ASSESSMENT AND FEASIBILITY STUDY
Staff recommended the City Council’s approval of 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.
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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.
Motion: The City Council:
1. Approved a Consultant Services Agreement with Griffin Structures for the Civic Center Campus Assessment and Feasibility Study in the amount of $250,000; and authorized the City Manager to execute the Consultant Services Agreement and any necessary documents on behalf of the City; and
2. Authorized 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 was $250,000 and staff requested 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.
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.
Public Hearing opened at 6:46 p.m.
Mike Grisso, Director of Public Works, provided a PowerPoint presentation.
Public Input –
1. Patricia Moulton (In-person)
2. Liz Allen (In-person)
3. Gary Wagner (In-person)
Public Hearing closed at 7:07 p.m.
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Motion: It was moved by Council Member Fink and seconded by Council Member Gallagher that the City Council took the following actions:
1. Conducted the public hearing to vacate Enderle Center Drive;
2. Adopted Resolution No. 26-49 ordering the vacation of Enderle Center Drive; and
3. Authorized the City Manager to take all actions and execute agreements necessary or appropriate to complete the vacation.
Mayor Lumbard proposed a friendly amendment to the motion to direct staff to monitor the impacts whether foreseen or unforeseen and should there be any surprises, do everything in the City’s power to alleviate the congestion. Council Member Fink and Council Member Gallagher accepted the friendly amendment.
Roll Call Vote – City Clerk
Motion carried: 5-0
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.
12. DEVELOPMENT AGREEMENT 2026-0002 FOR THE MARINERS CHURCH
TUSTIN LEGACY PROJECT
This item was 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.
Public Hearing opened at 7:19 p.m.
Recessed at 7:19 p.m.
Council Member Nielsen left the dais.
Mayor Lumbard left the dais.
Mayor Pro Tem Schnell reconvened the meeting at 7:20 p.m.
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Mayor Lumbard returned to the dais at 7:21 p.m.
Council Member Nielsen returned to the dais at 7:23 p.m.
Jason Loya, Senior Management Analyst, provided a PowerPoint presentation.
Public Input – None
Public Hearing Closed at 7:24 p.m.
Motion: It was moved by Council Member Gallagher and seconded by Mayor Pro Tem Schnell to 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.
Roll Call Vote – City Clerk
Motion carried: 4-1 (Council Member Fink dissented)
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 was 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.
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 summarized 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.
Public Hearing opened at 7:33 p.m.
Public Input – None
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Public Hearing closed at 7:33 p.m.
Motion: It was moved by Mayor Pro Tem Schnell and seconded by Council Member Nielsen that the City Council 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.
Roll Call Vote – City Clerk
Motion carried: 5-0
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.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Aldo E. Schindler
Provided an update regarding the Heideman School Joint Use Development; the project has entered its second phase, which will continue through May 2027; improvements during this phase will focus on the north, south, and west sides of the campus outdoor field area and will include the construction of new playground equipment, a picnic shelter, and an office building, among other amenities; the third and final project phase will begin in June 2027, and the project will be fully complete in August of 2027.
City Attorney David E. Kendig
No report.
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS Council Member Nielsen
September 4
Attended and spoke at the American Legion Post 227 meeting regarding the veteran legacy in Tustin with Mayor Pro Tem Schnell; gathered input from American Legion veterans.
Thanked everyone for their thoughts and well wishes and for reaching out to him regarding the health scare he had.
Council Member Fink
Announced the Harvest Solutions Farm Volunteer Event on Saturday, September 19th from Docusign Envelope ID: 6C172253-F15B-8759-8129-667623A19BB1 City Council September 15, 2026
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8:00 a.m. to 10:30 a.m. with Assemblywoman Cottie Petrie-Norris and the Second Harvest Food Bank in honor of Hunger Action Month.
September 5
Attended the Orange County Labor Federation’s Annual Labor Day Picnic in Santa Ana.
September 8
Met with Congressman David Min and Senator Alex Padilla to discuss assistance from the Federal Government for the North and South Hangar sites; received a brief commitment from Senator Alex Padilla that he would work on that.
September 17
Will attend the last Sunset Market of the season from 5:00 p.m.-8:30 p.m.
September 26
Will host a community meeting at Del Taco at 12:00 noon on Red Hill.
Council Member Gallagher
September 2
Attended an Orange County Sanitation District Operations Committee meeting; discussed moving projects forward at the treatment plant and for infrastructure rehab.
Mayor Pro Tem Schnell
The Transportation Corridor Agencies (TCA) will be honored as Employer of the Year by the Women’s Transportation Seminar; a Scholarship and Awards Gala will be held on December 10th; congratulated TCA CEO Ryan Chamberlain and all the TCA staff for the honor.
Shared the results of the recent Transportation Corridor Agencies customer service review; congratulated the organization on their achievement.
Announced that Prego was named the Local Small Business of the Month by Senator Steve Choi.
September 2-3
Completed the online Orange County Special Districts Association training.
September 4
Attended the American Legion Post 227 meeting at Mimi’s Café with Council Member Nielsen.
Recognized the 25th anniversary of 9/11.
Mayor Lumbard
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include:
• Senior housing project that will add value and presence at Tustin Legacy; • South Hangar broker offering;
• The street vacation of Enderle Center Drive;
• Mariners Church agreement; and
• Civic Center assessment
Announced these are all big, individual projects that are currently taking place.
Mentioned the following notices and upcoming events:
Final Sunset Market
The final Sunset Market of the year will take place on Thursday, September 17 from 5:00 p.m.-8:30 p.m. in Old Town Tustin.
Save the Date - Free Shredding Event
The Free Shredding Event will take place on Saturday, September 19 from 8:00 a.m.-12:00 p.m. in the Civic Center parking lot.
Save the Date – Fair Housing Fundamentals Workshop
The Fair Housing Fundamentals Workshop will take place on Wednesday, September 23 from 2:30-4:00 p.m. at the Tustin Library.
Tustin Tiller Days Carnival Wristband Presale
The wristband presale for the Tustin Tiller Days carnival is taking place now through October 2. Tustin Tiller Days will take place October 2-4, with a parade in Old Town taking place on Saturday, October 3. For more information, please visit www.tustintillerdays.com.
ADJOURNED at 7:44 p.m. 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.
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