Tustin — 2025-09-16

1.\nCONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (2 cases)

2.\nCONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code ? 54956.9(d)(4): (2\ncases)

3.\nCONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (1 case) – related to the fire at the North Hangar owned by\nthe Navy and the release of hazardous materials therefrom

4.\nLIABILITY CLAIM - [Government Code § 54956.95] Claimant: The Center\nfor Toxicology and Environmental Health, L.L.C Agency claimed against:\nCity of Tustin

5.\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS – Government\nCode § 54956.8: (1 case)\nA.

6.\nProperty Address/Description: APN 430-481-02, 430-481-03, 430481-04, 430-481-05 Agency: City of Tustin City Negotiators: Aldo E.\nSchindler, City Manager; Nicole Bernard, Assistant City Manager;\nBrian Moncrief, Deputy City Manager; and Ryan Swiontek, Deputy\nDirector of Real Property Negotiating Parties: Irvine Company Under\nNegotiation: Price and Terms of Payment\nPUBLIC EMPLOYEE ANNUAL\n[Government Code § 54957(b)(1)]\nPERFORMANCE EVALUATION\nTitle: City Attorney\n-

10.\nEXTENSION OF TEMPORARY CONSTRUCTION EASEMENTS ON\nCITY OWNED REAL PROPERTY IN THE PACIFIC CENTER EAST\nSPECIFIC PLAN AREA Request for authorization to execute several\ndocuments that will extend the term of two (2) existing temporary\nconstruction easements for the Orange County Transportation Authority\non City owned real property in the Pacific Center East Specific Plan Area\nfrom October 2025 to April 2026 to support ongoing construction of the\nState Route 55 freeway widening project.\nRecommendation: It is recommended that the City Council: 1. Authorize\nthe City Manager to execute the First Amendment to Right of Way\nContract with the Orange County Transportation Authority subject to any\nnon-substantive modifications as may be deemed necessary and/or\nrecommended by the City Attorney; and 2. Authorize the City Manager to\nexecute a Grant of Easement to the Orange County Transportation\nAuthority for each temporary construction easement. Fiscal Impact: For\nconsideration of the extension of the two (2) existing temporary\nconstruction easements, the Orange County Transportation Authority will\npay the City $14,200. Should the City execute the extension documents\nby October 8, 2025, the Orange County Transportation Authority will pay a\n20% incentive equating to an additional $2,840 for a total of $17,040. The\nOrange County Transportation Authority provided a waiver valuation\nestimate to the City on July 16, 2025 conducted by the Orange County\nTransportation Authority's real estate consultant Monument that is based\non an original appraisal report from MAI certified appraiser Sharon A.\nHennessey. The City has reviewed the waiver valuation and finds its\nconclusions and general findings reasonable to proceed.

11.\nPURCHASE AND SALE AGREEMENT WITH MARINERS CHURCH FOR\nAPPROXIMATELY 3 ACRES OF DISPOSITION AREA 8 AT TUSTIN\nLEGACY Request for authorization to approve a Purchase and Sale\nAgreement between Mariners Church and the City for the sale of\napproximately 3.324 acres of City-owned property located within a portion\nof Disposition Area 8 at Tustin Legacy. The property is generally bounded\nby Warner Avenue, future Veterans Way, and future John Johnson Way.\nThe purpose of the Purchase and Sale Agreement is to implement the\nReuse Plan for Marine Corps Air Station Tustin and the Specific Plan for\nTustin Legacy through the development and maintenance of property.\nRecommendation: 1. Approve and authorize the City Manager to execute\nthe Purchase and Sale Agreement between Mariners Church and the City\nin the form attached hereto subject to any non-substantive modifications\nas may be recommended by the City's special real estate counsel or the\nCity Attorney; and 2. Authorize the City Manager to take all actions and to\napprove and execute all other agreements, attachments and documents\nnecessary or appropriate to complete the transaction. Fiscal Impact: The\npurchase price for the property is $4,000,000. In addition to the purchase\nprice, Mariners Church will pay to the City a Project Fair Share\nContribution of $1,640,217.83 to fund backbone infrastructure\nimprovements at Tustin Legacy. The Project Fair Share Contribution will\nbe payable at closing or may be deferred until the earlier of 12 months\nafter closing or when permits are pulled for construction, and if deferred,\nwill accrue interest at the Wall Street Journal Prime Rate. Within three (3)\ndays of the effective date of the Purchase and Sale Agreement, Mariners\nChurch will also submit a $100,000.00 deposit into escrow, which will be\napplicable to the purchase price at the close of escrow. Each party will\nalso be responsible for paying customary escrow and closing costs.\nFurther, the City will not be required to pay any real estate commissions\nfor the broker representing Mariners Church. The Property will be\nannexed into a future Zone 4 of the City Community Facilities District\n2018-01, which has been established to cover service costs at Tustin\nLegacy (such as police and fire; recreation program services;\nmaintenance of parks, streets, sidewalks and drainage facilities). The\nRate and Method of Apportionment specific to this transaction will require\nCity Council consideration and approval prior to the close of escrow. The\nnegotiated rate will be $0.50 per square foot of permitted building square\nfootage. The rate will escalate annually based on a maximum annual\nescalation of 2%.

12.\nAUTHORIZE THE CITY MANAGER TO APPROVE CONTRACT\nAMENDMENT WITH EXECUTIVE FACILITIES SERVICES, INC. The City\nCouncil approved the custodial services contract with Executive Facilities\nServices, Inc. on June 3, 2025, which includes one (1) full-time day porter\ndedicated to the Police Department. Following this approval and due to\nthe 24/7 operational needs of the Police Department, staff have identified\na need for additional services. Staff request that the contract be amended\nto add a night shift for an additional porter dedicated to the Police\nDepartment.\nRecommendation: It is recommended that the City Council approve the\nFirst Amendment to Contract for Custodial Services with Executive\nFacilities Services, Inc., and authorize the City Manager to execute the\namendment on behalf of the City. Fiscal Impact: The additional services\nwill increase the monthly maintenance costs for the Police Department by\n$7,007.00 to a total of $16,350.15, an annual increase in contract costs\ntotaling $84,084.00. The proposed amendment will not exceed the budget\nappropriations adopted by the City Council through the annual budget\nprocess for custodial services at General Fund facilities.

13.\nRESOLUTION DETERMINING THE NEED TO CONTINUE THE\nPROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH\nHANGAR At its meeting on November 10, 2023, the City Council ratified\nthe Acting City Manager’s Proclamation of Local Emergency related to the\nfire at the Navy’s North Hangar and release of chemicals of public health\nconcern, including asbestos. At a special meeting of the City Council on\nJanuary 9, 2024, and at its regular meetings on March 5, 2024, April 16.\n2024, June 4, 2024, June 18, 2024, July 16, 2024, August 20, 2024,\nOctober 15, 2024, December 3, 2024, January 21, 2025, March 18, 2025,\nMay 6, 2025, June 17, 2025, and August 5, 2025, the City Council\nreviewed and determined the need to continue the local emergency. This\nitem recommends that the City Council once again review and determine\nthat the need exists to continue the local emergency, as required by State\nlaw.\nRecommendation: It is recommended that the City Council adopt\nResolution 25-61 determining the need exists to continue the local\nemergency related to the fire and release of chemicals of public health\nconcern from the Navy's North Hangar, in the form attached hereto as\nAttachment 2. RESOLUTION 25-61 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE\nNEED TO CONTINUE LOCAL EMERGENCY RELATED TO FIRE AND\nRELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH\nHANGAR Fiscal Impact: There is no direct impact from a determination\nthat a local emergency continues to exist.

14.\nRECOMMENDATION OF PROPOSALS TO PROCEED TO ROUND TWO\nFOR THE COMPETITIVE OFFERING FOR PLANNING AREA 10 OF THE\nPACIFIC CENTER EAST SPECIFIC PLAN Nine (9) proposals are\nrecommended for City Council consideration to proceed to Round Two for\nthe competitive offering for Planning Area 10 of the Pacific Center East\nSpecific Plan. The recommendation is made by a staff supported, Mayor\nappointed Ad-Hoc Committee composed of Council Members Ryan\nGallagher and Ray Schnell.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Authorize staff and the City's broker Jones Lang\nLaSalle to inform nine (9) proposers from the competitive offering for\nPlanning Area 10 of the Pacific Center East Specific Plan that they will be\nproceeding to Round Two; and 2. Authorize staff to further reduce the\nnumber of proposals that will ultimately be recommended to the City\nCouncil for consideration at a later date. Fiscal Impact: There is no fiscal\nimpact associated with this item.

15.\nDOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT\nAPPLICABLE TO WELLINGTON PLAZA The applicant, Ian B. Carter,\nPresident of the Wellington Plaza Association, on behalf of the property\nowners, requests approval of Specific Plan Amendment 2024-0004, which\namends the Downtown Commercial Core Specific Plan to limit the\nallowable uses in the existing Wellington Plaza office complex, located at\n505-515 East First Street, to only office-related uses.\nRecommendation: That the City Council introduce and have first reading\nby title only of Ordinance No. 1565 for Specific Plan Amendment 20240004, to amend the Downtown Commercial Core Specific Plan to limit the\npermitted uses within the existing Wellington Plaza office complex to\ngeneral and professional offices, photography studios, and tutoring\nfacilities; and set the second reading of the ordinance for the next City\nCouncil meeting. ORDINANCE NO. 1565 AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN\nAMENDMENT 2024-0004 TO AMEND THE DOWNTOWN COMMERCIAL\nCORE SPECIFIC PLAN SUCH THAT ONLY OFFICE USES WILL BE\nALLOWED TO BE ESTABLISHED WITHIN THE EXISTING BUILDINGS\nAT WELLINGTON PLAZA LOCATED AT 505-515 E. FIRST STREET\nFiscal Impact: There is no fiscal impact associated with this item.

3.\nRATIFICATION OF PAYROLL AND DEMANDS The City Council has\napproved the use of Government Code Section 37208 to expedite the\npayment of City of Tustin obligations that are in accordance with the\napproved budget or continued operations authorizations.\nRecommendation: It is recommended that the City Council approve\nPayroll in the amount of $ $1,194,910.17, $1,191,388.13, $1,144,593.21\nand Demands in the amount of $ 14,536,367.68.

4.\nDESIGNATION OF VOTING DELEGATES AND ALTERNATES –\nLEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE In order to\nvote at the Annual Business Meeting, the City Council must designate a\nvoting delegate and up to two alternate voting delegates, one of whom\nmay vote in the event that the designated voting delegate is unable to\nserve in that capacity.\nRecommendation: It is recommended that the City Council designate the\nfollowing: o Voting Delegate: Council Member Lee K. Fink o Alternate:\nCouncil Member Ray Schnell Fiscal Impact: The voting delegate and\nalternate are required to be registered to attend the conference and be\npresent in order to cast a vote; therefore, the fiscal impact is limited to the\ncost of the conference registration.

5.\nSECOND READING AND ADOPTION OF ORDINANCE NO. 1570\nAPPROVING TUSTIN POLICE DEPARTMENT POLICY 706 - MILITARY\nEQUIPMENT USE POLICY Adoption of Ordinance No. 1570 approves the\nTustin Police Department’s continued utilization of military equipment and\na policy governing the use of the equipment outlined in Tustin Police\nDepartment Policy 706 - Military Equipment Use Policy.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No.1570. ORDINANCE NO. 1570 AN\nUNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE\nDEPARTMENT POLICY 706, MILITARY EQUIPMENT POLICY, IN\nCOMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) Fiscal\nImpact: The estimated annual cost for the use and maintenance of military\nequipment in the Tustin Police Department's current inventory, as well as\nany military equipment anticipated for acquisition in the upcoming year, is\noutlined within Policy 706 under each specific equipment category.\nFunding for existing equipment has already been appropriated as part of\nthe current adopted budget. Any future acquisition of new military\nequipment will be evaluated and incorporated into subsequent annual\nbudgets for City Council review and consideration.

6.\nACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION\nFOR THE VANDENBERG WELL REHABILITATION PROJECT\nConstruction of the Vandenberg Well Rehabilitation Project has been\ncompleted to the satisfaction of the City Engineer and is now ready for\nCity Council Acceptance.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 25-13 accepting the improvement of the Vandenberg Well\nRehabilitation Project; and 2. Authorize the City Engineer to execute and\nfile the Notice of Completion with the Orange County Recorder's Office;\nand 3. Appropriate $13,021 from the 2024 Water Bond Fund.\nRESOLUTION NO. 25-13 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC\nWORKS\nAND\nIMPROVEMENT\nAND\nAUTHORIZING\nTHE\nRECORDATION OF THE NOTICE OF COMPLETION FOR THE\nVANDENBERG WELL REHABILITATION PROJECT, (CIP NO. 60177)\nFiscal Impact: A total of $680,000 using the 2024 Water Bond Funds was\nbudgeted and appropriated in the Capital Improvement Program for this\nproject. The final construction cost is $693,020.04. This cost consists of\nthe original contract with General Pump Company, in the amount of\n$671,440.00, a credit of $16,945 for a reduction to the original scope of\nwork, and a $38,525.04 contract change order. Staff is requesting an\nappropriation of $13,021 from the 2024 Water Bond Fund to cover the\nadditional project costs. Sufficient funds are available in the 2024 Water\nBond Fund for the recommended actions.

7.\nACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION\nFOR THE CENTENNIAL PARK IMPROVEMENTS PROJECT\nConstruction of the Centennial Park Improvements Project has been\ncompleted to the satisfaction of the City Engineer and is now ready for\nCity Council acceptance.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 25-60 accepting the Centennial Park Improvements\nProject; and 2. Authorize the City Engineer to execute and file the Notice\nof Completion with the Orange County Recorder's Office. RESOLUTION\nNO. 25-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC WORKS AND\nIMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE\nNOTICE OF COMPLETION FOR THE CENTENNIAL PARK\nIMPROVEMENTS PROJECT, (CIP NO. 20090) Fiscal Impact: On March\n5, 2024, the City Council approved project funding in the amount of\n$5,300,000 for the Centennial Park Improvement Project, of which\n$4,800,000 was made available through the FY 2022/23 California State\nBudget and sponsored by Senator Dave Min. The final construction cost\nfor the project is $5,068,238.55, including contract change orders which\ntotaled less than 9%.

8.\nAUTHORIZATION\nTO\nPURCHASE\nEQUIPMENT\nINCLUDING\nDECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION\nStaff is requesting that the City Council authorize the replacement\npurchases of one (1) asphalt roller for the Water Services Division and\none (1) compact tractor to support the Field Services Division.\nAdditionally, it is requested that the City Council declare certain City\nequipment surplus in accordance with section 1630 (2) of the Tustin City\nCode and authorize the sale of surplus equipment at public auction.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 25-58 authorizing the purchase of one (1) asphalt roller\nfrom Quinn Company, Foothill Ranch, CA, and authorizing the purchase\nof one (1) compact tractor from Stotz Equipment, Montclair, CA, utilizing\nSourcewell Contract No. 112624-DAC and 011723-CAT in the amount of\n$157,358.85; and 2. Declare, in accordance with the Tustin City Code\nSection 1630(2), the attached itemized list of equipment as surplus and\nnot required for public use; and 3. Authorize the sale of an itemized list of\nsurplus equipment at a public auction and credit net proceeds to the\nEquipment Replacement Fund. RESOLUTION NO. 25-58 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, AUTHORIZING USE OF THE STATE OF CALIFORNIA\nDEPARTMENT OF GENERAL SERVICES PURCHASING PROGRAM TO\nPURCHASE CERTAIN ITEMS FOR AND ON BEHALF OF THE CITY\nFiscal Impact: The total cost for the two pieces of equipment is\n$157,358.85. This includes one asphalt roller for the Public Works, Water\nServices Division at a cost of $101,498.50 and one compact tractor for the\nPublic Works, Field Services Division at a cost of $55,860.35, including\ntax and licensing. Sufficient funds for these purchases have been\nbudgeted in the Equipment Replacement Fund in the approved Fiscal\nYear 2025-26 Operating Budget.

9.\nFIRST AMENDMENT TO LEASE AGREEMENT FOR THE TUSTIN\nSPORTS PARK FOOD/BEVERAGE CONCESSION First Amendment to\nthe Lease Agreement with Fabian Grassini Tennis and Sports Inc., dba\nBageled, to extend the term of the existing lease for a period of five (5)\nyears for the operation of the food and beverage concession at Tustin\nSports Park.\nRecommendation: It is recommended that the City Council: 1. Find that\nthe Tustin Sports Park Café operated by Fabian Grassini Tennis and\nSports Inc., is serving a public purpose beneficial to the City and its\nresidents by providing convenient access to goods and services for park\nvisitors; and 2. Approve the Amendment No. 1 to Lease Agreement for the\nTustin Sports Park Food/Beverage Concession with Fabian Grassini\nTennis and Sports Inc., dba Bageled, in the form attached as Attachment\n2, and authorize the Mayor to execute this Amendment. Fiscal Impact:\nConsistent with the terms of the Lease Agreement, Fabian Grassini Tennis\nand Sports Inc., dba Bageled will continue to pay the City $600 per month,\nwith the exception of December of each year. Over the course of the five\n(5) year extension the lessee will make payments to the City for a total of\n$33,000.