On the agenda: Tustin Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-6:00 pm - Sep 01, 2026 — surveillance camera (Sep 1)

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Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-6:00 pm


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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 1, 2026
300 CENTENNIAL WAY, TUSTIN
Aldo E. Schindler, City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk


 
blockquote { margin-left: 40px; margin-right: 0px; margin-top: 0px; margin-bottom: 0px; }@media print { a { color: black; } } AGENDA
 
PUBLIC INPUT INSTRUCTIONS
 
ITEMS DISTRIBUTED TO CITY COUNCIL WITHIN 72 HRS
 
EMAIL-ALEX BROWN
 
ECOMMENT-GABRIEL GROEN (ITEM 11)
 
PRESENTATION - ITEM 11
 


CLOSED SESSION MEETING OF THE CITY COUNCIL - 4:30 P.M.









CALL TO ORDER- #3105
 







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 - 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; U.S.D.C. C.D.Cal. Case No. 8:26-cv-01872-DOC-SSC

 


REGULAR MEETING OF THE CITY COUNCIL  - 6:00 P.M.









CALL TO ORDER – #3105
 







INVOCATION - Jeff Carr, Evangelist - Tustin Church of Christ
 







PLEDGE OF ALLEGIANCE – Mayor Lumbard
 







PLEDGE OF ALLEGIANCE – Mayor Lumbard
 







PLEDGE OF ALLEGIANCE – Mayor Lumbard
 







PRESENTATIONS -
* Tustin Girls Softball Recognition
* Dolly Parton Imagination Library


 







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 AUGUST 4, 2026, AND THE SPECIAL MEETING OF THE CITY COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY HELD ON AUGUST 18, 2026. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on August 4, 2026, and the Special Meeting of the City Council Acting in its Capacity as the Local Reuse Authority held on August 18, 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 $1,312,280.52, $1,358,872.64 and Demands in the amount of $8,997,898.70.
 
AGENDA REPORT
 





4.

PERSONNEL RULES UPDATE
Adoption of the attached Resolution will update the City of Tustin Personnel Rules. Recommendation: That the City Council adopt Resolution No. 26-52 to approve the updated City of Tustin Personnel Rules. RESOLUTION NO. 26-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING UPDATED PERSONNEL RULES
Fiscal Impact: There is no fiscal impact associated with this item.
 
AGENDA REPORT
 





5.

ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CAMINO REAL PARK PICNIC SHELTER RENOVATION
The Camino Real Park Picnic Shelter Renovation (Phase 2) has been completed and is now ready for City Council acceptance. Recommendation: Recommend the City Council:
1. Adopt Resolution No. 26-44 accepting the Camino Real Park Picnic Shelter Renovation; and
2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's Office for the Camino Real Park Picnic Shelter Renovation. RESOLUTION NO. 26-44
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 CAMINO REAL PARK PICNIC SHELTER (CIP NO. 20096)
Fiscal Impact: On November 4, 2025, the City Council authorized an appropriation in the FY 2025/2026 Capital Improvement Program from the Park Development Fund in the amount of $1,000,000 for the Camino Real Playground and Picnic Shelter Renovation project (CIP No. 20096), which consists of two separate phases under distinct contracts.
Phase 1 of the project, the playground renovation, was completed on May 5, 2026, with a final construction cost of $486,979.04 in a contract with Innovative Playgrounds Co., Inc. The final construction cost for Phase 2 of the project, the picnic shelter renovation, is $478,385.99. Total project expenditures equal $965,365.03.
 
AGENDA REPORT
 





6.

ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR THE TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 2 - PACKAGE 1 INFRASTRUCTURE CONSTRUCTION PROJECT
Construction of the Tustin Legacy Neighborhood "D" South Phase 2 - Package 1 and South Hangar Infrastructure 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. 26-50 accepting the improvement of the Tustin Legacy Neighborhood "D" South Phase 2 Infrastructure Construction Project - Package 1 and the civil portion of the work for the South Hangar Renovation; and
2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 26-50
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 TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 2 INFRASTRUCTURE (CIP NO. 70256) CONSTRUCTION PROJECT - PACKAGE #1 AND THE CIVIL PORTION OF THE WORK FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076)
Fiscal Impact: The final project construction cost was $9,564,523.94, approximately 9% above the original contract amount of $8,771,596.00. Approved contract change orders totaled $792,927.94 in additional contract costs, of which $674,623 was specific to Southern California Edison field redesign requirements and delays. Sufficient funds were budgeted and appropriated in the Capital Improvement Program using the Tustin Legacy Land Sale Proceeds and Tustin Legacy Backbone Program funds.
 
AGENDA REPORT
 





7.

AUTHORIZE PURCHASE AND AWARD CONTRACT FOR INSTALLATION OF VARIOUS APPURTENANCES AT CITY FACILITIES
Staff is requesting authorization to award a contract to The KYA Group through the California Multiple Award Schedules cooperative purchasing program to furnish and install various appurtenances at City facilities, specifically improvements at the Columbus Tustin Gymnasium and the Tustin Area Senior Center, such as: refinishing of the gymnasium wood floor with new court striping, and installation of new motorized bleachers; removal of the existing auditorium flooring and installation of a new dance floor system with luxury vinyl tile. Recommendation: Recommended that the City Council:
1. Adopt Resolution No. 26-51 authorizing use of the California Multiple Award Schedules cooperative purchasing program and award a contract to The KYA Group for the purchase and installation of various appurtenances at City facilities in an amount not-to-exceed $974,949.78; and
2. Authorize the City Manager and the City Clerk to execute the contract documents on behalf of the City. RESOLUTION NO. 26-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING USE OF THE STATE DEPARTMENT OF GENERAL SERVICES TO PURCHASE THE NECESSARY EQUIPMENT AND INSTALLATION SERVICES FOR THE VARIOUS APPURTENCES AT CITY FACILITIES PROJECT
Fiscal Impact: Available budget in the amount of $975,000 has been appropriated in the Fiscal Year 2026-2027 Capital Improvement Program Budget for these facility improvements.

 
AGENDA REPORT
 





8.

MEMORANDUM OF UNDERSTANDING WITH TUSTIN UNIFIED SCHOOL DISTRICT AND THE TUSTIN POLICE DEPARTMENT
The Tustin Police Department and Tustin Unified School District have developed a Memorandum of Understanding (MOU) establishing a public safety partnership that allows the Tustin Police Department limited access to selected existing School District surveillance cameras through the Fusus platform. The partnership is intended to improve situational awareness and the efficiency of emergency response at School District schools and facilities.
During an emergency, authorized Tustin Police Department personnel may access designated camera feeds to gather real time intelligence, provide responding officers with timely information, support a safer and more efficient response, and assist with identifying and mitigating known threats to students, staff, school facilities, and the surrounding community. The School District retains ownership and control of its camera system and video information, and Tustin Police Department access is limited to the public safety purposes and circumstances established in the MOU. Recommendation: 1. To receive and file the Memorandum of Understanding between the City of Tustin, on behalf of the Tustin Police Department, and the Tustin Unified School District regarding public safety video sharing through the Fusus platform. Fiscal Impact: There is no fiscal impact associated with receiving and filing this report. Under the MOU, costs associated with Tustin Police Department owned Fusus hardware, including installation, maintenance, repair, operation, and removal, are the responsibility of the Tustin Police Department. Any School District network infrastructure or equipment improvements determined necessary for compatibility with the Fusus System are at the School District's discretion and responsibility.
 
AGENDA REPORT
 





9.

RECOMMENDATION OF PROPOSALS TO PROCEED TO ROUND TWO FOR THE COMPETITIVE OFFERING FOR ±44 ACRES OF CITY-OWNED REAL PROPERTY WITHIN NEIGHBORHOODS D AND E (PLANNING AREAS 9-12; 13-14) OF THE TUSTIN LEGACY SPECIFIC PLAN
Seven (7) proposals are recommended for City Council consideration to proceed to Round Two for the competitive offering for ±44 acres of City-owned real property within Neighborhoods D and E (Planning Areas 9-12; 13-14) of the Tustin Legacy Specific Plan. The recommendation is made by a staff supported, Mayor appointed Ad-Hoc Committee composed of Mayor Austin Lumbard and Council Member Ryan Gallagher. Recommendation: It is recommended that the City Council take the following actions:
1. Authorize staff and the City's broker, Cushman & Wakefield, to inform seven (7) proposers from the competitive offering for ± 44 acres of City-owned real property within Neighborhood D and E (Planning Areas 9-12; 13-14) of the Tustin Legacy Specific Plan that they will be proceeding to Round Two; and
2. 2. Authorize staff to further reduce the number of proposals that will ultimately be recommended to the City Council for consideration at a future date. Fiscal Impact: There is no fiscal impact associated with this item.
 
AGENDA REPORT
 





10.

FIRST READING OF ORDINANCE 1582 AMENDING TUSTIN CITY CODE CHAPTER 4, SECTION 1415 - POWERS AND DUTIES GENERALLY
Ordinance No. 1582 proposes updates to 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: It is recommended that the City Council:
1. Introduce and approve first reading by title only of Ordinance No. 1582 amending Tustin City Code section 1415; and
2. Schedule adoption of Ordinance No. 1582 at the City Council's Regular Meeting on September 15, 2026. Fiscal Impact: No direct fiscal impact is anticipated as a result of adopting Ordinance No. 1582.

 
AGENDA REPORT
 







PUBLIC HEARING ITEM 11
 





11.

DEVELOPMENT AGREEMENT, TENTATIVE PARCEL MAP /SUBDIVISION, CONDITIONAL USE PERMIT, DESIGN REVIEW, AND DENSITY BONUS REQUEST FOR THE CLEARWATER AT TUSTIN LEGACY SENIOR LIVING PROJECT
This item is consideration of the proposed Clearwater at Tustin Legacy project, a senior living community on a vacant, 6.14-acre City-owned site at the southeast corner of Warner Avenue and Armstrong Avenue, within Neighborhood D South of the Tustin Legacy Specific Plan. The project consists of a 172-unit residential community for active, independent seniors, of which 26 units would be affordable to Lower Income households, and an approximately 143,000 square foot assisted living and memory care facility containing 103 units and 134 beds. 
The development proposal includes applications for design review, request for a density bonus incentive and waivers, a conditional use permit, a tentative parcel map, a development agreement, and associated environmental analysis. Recommendation: That the City Council:
1. Adopt City Council Resolution No. 26-43, adopting the Addendum to the Tustin Legacy Specific Plan 2025 Supplemental Environmental Impact Report and approving:
a. Design Review 2025-0008 for the design and site layout of 172 residential units for active seniors, an approximately 143,000 square foot assisted living and memory care facility, surface and garage parking, landscaping, and associated site improvements;
b. A Density Bonus request to increase the allowable density from 124 base units to 173 units (38.75 percent density bonus), by providing 26 units affordable to Lower Income households; one incentive related to the affordable unit bedroom mix; and waivers related to private open space, building setbacks, patio wall height, and architectural feature encroachment;
c. Conditional Use Permit 2025-0012 to establish and operate a 103-unit, 134-bed assisted living and memory care facility; and
d. Tentative Parcel Map 2025-151/Subdivision 2025-0003 to subdivide the 6.14-acre site into two parcels.
2. Introduce and conduct first reading by title only of Ordinance No. 1580, approving Development Agreement 2025-0001 to facilitate the development and conveyance of the 6.14-acre City-owned site, and set the second reading and adoption for the next available City Council meeting. RESOLUTION NO. 26-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING AN ADDENDUM TO THE TUSTIN LEGACY SPECIFIC PLAN 2025 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND APPROVING SUB 2025-0003 / TENTATIVE PARCEL MAP 2025-151, CONDITIONAL USE PERMIT 2025-0012, DESIGN REVIEW 2025-0008, AND A DENSITY BONUS REQUEST FOR THE DEVELOPMENT OF 172 RESIDENTIAL UNITS FOR ACTIVE SENIORS AND AN APPROXIMATELY 143,000 SQUARE FOOT ASSISTED LIVING AND MEMORY CARE FACILITY ON LOT 14 OF TRACT 18197 WITHIN PLANNING AREA 8, 13, AND 14 (NEIGHBORHOOD D) OF THE TUSTIN LEGACY SPECIFIC PLAN
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 adoption of City Council Resolution No. 26-43 or City Council Ordinance No. 1580.
The fiscal impact resulting from the sale of the City owned property, and other actions related to the sale, will be addressed within the City Council's future consideration of the project's Disposition and Development Agreement, which is not a part of this request.
 
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, September 15, 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.

 


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