Tustin — 2025-10-21

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): (1\ncase)

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

10.\nPROPOSED ORDINANCE NO. 1572 ADDING CHAPTER 11 TO\nARTICLE 6 OF THE TUSTIN CITY CODE REGULATING THE SALE OF\nNITROUS OXIDE The City Attorney’s office has prepared proposed\namendments to the Tustin City that would ban the sale, distribution, and\nadvertisement for sale of nitrous oxide intended for recreational purposes\nwithin the City. The proposed ordinance would ban the sale, distribution,\nand advertisement for sale of nitrous oxide, devices designed to dispense\nnitrous oxide, and any device which contains any amount of nitrous oxide,\nexcept for specified medicinal or industrial purposes. The purpose of the\nordinance is to protect the public health and welfare against the sale and\ndistribution of products which can cause serious and potentially lifethreatening health complications such as low blood pressure, low oxygen,\nfainting, heart attack, and nerve damage, as well as long term effects\nsuch as increased risk of depression, psychosis, memory loss, muscle\nspasms, tinnitus, numbness, weakened immune system, and birth defects\n(if used during pregnancy).\nRecommendation: Introduce and conduct first reading by title only of\nOrdinance No. 1572 adding Chapter 11 (Sale and Distribution of Nitrous\nOxide) to Article 6 (Public Welfare) of the Tustin City Code and schedule\nthe adoption for the City Council’s next scheduled regular meeting.\nORDINANCE NO. 1572 AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 11 (SALE\nAND DISTRIBUTION OF NITROUS OXIDE) TO ARTICLE 6 (PUBLIC\nWELFARE) OF THE TUSTIN CITY CODE Fiscal Impact: Minimal fiscal\nimpact associated with efforts to enforce the prohibition by the City’s code\nenforcement and/or law enforcement personnel.\nAGENDA REPORT

11.\nFIRST READING OF ORDINANCE NO. 1569 AMENDING CHAPTER 1,\nARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2025\nCALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL\nCODES WITH CERTAIN APPENDICES, AND SUPPLEMENTAL\nREGULATIONS,\nAND\nADOPTING\nAMENDMENTS\nTHERETO\nFOLLOWING A PUBLIC HEARING NOVEMBER 18, 2025 Every three\nyears, the California Building Standards Commission updates and adopts\nnew construction regulations based on internationally published model\ncodes. These regulations are collectively known as the California Code of\nRegulations Title 24, or more commonly, the California Building Standards\nCode. State law requires the 2025 California Building Standards Code to\nbe enforced by all California cities effective January 1, 2026. Sections\n17958.7 and 18941.5 of the California Health and Safety Code permit\nlocal governments to adopt amendments to the California Building\nStandards Code when they are administrative or procedural in nature, or\nwhen local climatic, geological, or topographical conditions warrant more\nrestrictive requirements. These amendments, however, may not be less\nrestrictive than the standards contained in Title 24. To comply with State\nlaw, Ordinance No. 1569 is proposed to adopt and amend the 2025\nCalifornia Building Standards Code, including certain appendices and\nsupplemental regulations. City staff has worked in partnership with the\nOrange County Fire Authority on relevant supplemental regulations, and\nResolution No. 25-53 provides the express findings demonstrating that\nthese amendments are reasonably necessary due to local climatic,\ngeological, and topographical conditions within the City of Tustin.\nRecommendation: That the City Council: 1. Continue to November 18,\n2025 the consideration of Resolution 25-53, which sets forth findings\nrelated to local climatic, geological, and topographical conditions within\nthe City of Tustin that make certain amendments to the 2025 California\nBuilding Standards Code reasonably necessary; and, 2. Introduce and\nconduct the first reading of Ordinance No. 1569 and set the second\nreading and adoption for the Council's public hearing on November 18,\n2025. This procedure is in accordance with California Government Code\nTitle 5, Division 1, Part 1, as referenced in Building Standards Bulletin 2502. ORDINANCE NO. 1569 AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF TUSTIN, CALIFORNIA ADOPTING CODE\nAMENDMENT 2025-0001 AMENDING CHAPTER 1 OF ARTICLE 8 OF\nTHE TUSTIN CITY CODE AND ADOPTING THE 2025 CALIFORNIA\nBUILDING STANDARDS CODE, RELATED MODEL CODES WITH\nCERTAIN\nAPPENDICES,\nAND\nCERTAIN\nSUPPLEMENTAL\nREGULATIONS, INCLUDING: THE CALIFORNIA BUILDING CODE, 2025\nEDITION, ADDING APPENDIX S; THE CALIFORNIA RESIDENTIAL\nCODE, 2025 EDITION; THE CALIFORNIA FIRE CODE, 2025 EDITION,\nINCLUDING APPENDICES B, BB, C, CC, AND H; THE CALIFORNIA\nWILDLAND-URBAN INTERFACE CODE, 2025 EDITION; THE\nCALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 EDITION;\nTHE CALIFORNIA PLUMBING CODE, 2025 EDITION; THE CALIFORNIA\nMECHANICAL CODE, 2025 EDITION; THE CALIFORNIA ELECTRICAL\nCODE, 2025 EDITION; THE CALIFORNIA ENERGY CODE, 2025\nEDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2025\nEDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2025\nEDITION; THE CALIFORNIA REFERENCED STANDARDS CODE, 2025\nEDITION; THE UNIFORM HOUSING CODE, 1997 EDITION; THE\nUNIFORM CODE FOR THE ABATEMENT OF DANGEROUS\nBUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY\nMAINTENANCE CODE, 2024 EDITION; WITH CERTAIN ADDITIONS,\nAMENDMENTS AND DELETIONS. Fiscal Impact: There is no fiscal\nimpact associated with this item.

12.\nYEAR-END UPDATE FOR FISCAL YEAR 2024-2025 This report provides\nthe City Council with an update of the Fiscal Year 2024-2025 preliminary\noperating results based on actual year-end revenues and expenditures.\nGeneral Fund operating revenues are approximately $3 million higher\nthan the amended budget, whereas General Fund expenditures are\napproximately $2.6 million lower than the amended budget. Therefore,\ninstead of ending the year with a $1.3 million deficit, the year ended with a\n$4.4 million surplus. The General Fund reserves, excluding impact of the\nNavy North Hangar Fire Incident, are expected to be at $35 million as of\nJune 30, 2025 (or 38% of the General Fund’s total recurring operating\nexpenditure). This reserve level exceeds the City Council’s target reserve\npolicy of 20%.\nRecommendation: It is recommended that the City Council: 1. Receive\nand file this report; 2. Approve revenue budget and expenditure\nappropriation of $2,500,000 for the Navy North Hangar Fire incident\nabove-ground cleanup work authorized under the seventh amendment to\nthe Navy's Co-Operative Agreement; 3. Approve supplemental\nappropriations incurred to operate various City programs and services\nidentified in this report; and 4. Approve appropriations to carryover for\npurchases identified in this report. Fiscal Impact: There are sufficient\nrevenues or reserves in respective funds to fund the supplemental\nappropriations and carryover appropriations identified in this report.

2.\nAPPROVAL OF MINUTES - THE REGULAR MEETING OF THE CITY\nCOUNCIL HELD ON OCTOBER 7, 2025.\nRecommendation: That the City Council approve the Action Minutes of the\nCity Council Meeting held on October 7, 2025.\nAGENDA REPORT

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 $1,241,070.38 and Demands in the amount of\n$1,744,565.91.\nAGENDA REPORT

4.\nPLANNING COMMISSION APPOINTMENT City Council approval is\nrequired for the Mayor’s Planning Commission appointment.\nRecommendation: That the City Council: 1. Approve the Mayor's\nappointment of Meg Gullo to the Planning Commission; and 2. Direct the\nCity Clerk to solicit applications for the resulting vacancy on the Public Art\nCommission. Fiscal Impact: There is no fiscal impact associated with this\nitem.\nAGENDA REPORT

5.\nAPPROVE SUPPLEMENTAL APPROPRIATION FOR THE EL CAMINO\nREAL WATER MAIN RELOCATION PROJECT The City has partnered\nwith the Orange County Transportation Authority and Caltrans to complete\nthe El Camino Water Main Relocation Project which is necessary for\nimprovements to the I-5 and Red Hill Avenue exit ramp. Additional scope\nof work has been requested by the partner agencies and staff have\nnegotiated a contract change order in the amount of $96,555.30 with G&A\nNelos Construction, Inc., which requires additional budget appropriation\nand City Council approval. The full amount of all authorized change orders\nwill be reimbursed to the City by Orange County Transportation Authority.\nRecommendation: It is recommended that the City Council: 1. Approve a\nnegotiated contract change order in the amount of $96,555.30 with G&A\nNelos Construction, Inc. and authorize the City Manager to execute the\ncontract change order on behalf of the City; and 2. Appropriate\n$96,555.30 from Water Capital Fund. Fiscal Impact: On June 17, 2025,\nthe City Council awarded a construction contract to G&A Nelos\nConstruction, Inc. in the amount of $393,399.10 for the El Camino Water\nMain Relocation Project. This action will approve a negotiated change\norder and appropriate $96,555.30 from the Water Capital Fund to cover\nthe cost of additional work requested by the partner agencies. The\nnegotiated change order is eligible for reimbursement via Utility\nAgreement COT-56, between the City of Tustin and the Orange County\nTransportation Authority which authorizes the full reimbursement for final\ndesign and all construction costs, minus an accrued depreciation credit of\n$2,650.\nAGENDA REPORT

6.\nTUSTIN HOUSING AUTHORITY ANNUAL REPORT Pursuant to the\nTustin Housing Authority Bylaws and State of California Housing\nAuthorities Law of the California Health and Safety Code Section 34328,\nthe Tustin Housing Authority is holding an annual meeting in order to\nreceive and file the annual report of its activities for the preceding fiscal\nyear.\nRecommendation: The Tustin Housing Authority Commissioners take the\nfollowing actions: * Receive and file the Annual Report for Fiscal Year\n2024-2025 and transmit such report to the Tustin City Council. * Direct\nthat a copy of the Tustin Housing Authority’s Annual Report for Fiscal Year\n2024-2025 be filed with the City Clerk and ex-officio Clerk of the City\nCouncil of the City of Tustin and the California Department of Housing and\nCommunity Development. The City Council take the following actions: *\nReceive and file the Tustin Housing Authority’s Annual Report for Fiscal\nYear 2024-2025. Fiscal Impact: There is no known fiscal impact\nassociated with this item currently. However, pursuant to Section 34328.1,\nthe California Department of Housing and Community Development can\nrequire reimbursement for the cost of processing the report. This request\nhas not been made in previous years.\nAGENDA REPORT

7.\nAMENDMENT 4 TO SUBLEASE AGREEMENT WITH THE SOUTH\nORANGE COUNTY COMMUNITY COLLEGE DISTRICT Request for\napproval of Amendment 4 to the Sublease Agreement with the South\nOrange County Community College District for a portion of the Advanced\nTechnology Education Park campus at Tustin Legacy. Amendment 4 to\nthe Sublease Agreement will extend the term of the Sublease Agreement\nby two (2) years to coincide with the term of the City’s Lease in\nFurtherance of Conveyance (currently May 2052 unless extended in the\nfuture) to provide additional assurances for tenants in negotiations with\nthe South Orange County Community College District.\nRecommendation: It is recommended that the City Council authorize the\nCity Manager to execute Amendment 4 to the Sublease Agreement with\nthe South Orange County Community College District subject to any nonsubstantive modifications as may be deemed necessary and/or\nrecommended by the City Attorney.Fiscal Impact: There is no fiscal impact\nassociated with this item.\nAGENDA REPORT

8.\nSECOND AMENDMENT TO COMMUNICATIONS SITE LICENSE\nAGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR\nEXISTING WIRELESS FACILITIES AT VETERANS SPORTS PARK AT\nTUSTIN LEGACY Request for approval of a Second Amendment to a\nCommunications Site License Agreement with New Cingular Wireless\nPCS, LLC for existing wireless facilities at Veterans Sports Park at Tustin\nLegacy to increase the monthly license payment as consideration for\ninstallation of additional equipment.\nRecommendation: It is recommended that the City Council authorize the\nCity Manager to execute the Second Amendment to the Communications\nSite License Agreement with New Cingular Wireless PCS, LLC subject to\nany non-substantive modifications as may be deemed necessary and/or\nrecommended by the City Attorney.Fiscal Impact: The Second\nAmendment to the Communications Site License Agreement with New\nCingular Wireless PCS, LLC will increase monthly license payments by\n$500 per month.\nAGENDA REPORT

9.\nPROPOSED ORDINANCE NO. 1571 ADDING CHAPTER 10 TO\nARTICLE 6 OF THE TUSTIN CITY CODE PROHIBITING THE SALE OF\nKRATOM PRODUCTS The City Attorney’s office has prepared proposed\namendments to Article 6 of the Tustin City Code to add a ban on the sale,\ndistribution, and advertisement for sale of kratom products within the City.\nThe proposed ordinance would ban the sale, distribution, and\nadvertisement for sale of any product containing any part of the leaf of the\nplant Mitragyna speciosa (more commonly known as the kratom plant).\nThe purpose of the ordinance is to protect the public health and welfare\nagainst the sale and distribution of products which the U.S. Food and\nDrug Administration has identified as having opioid-like characteristics,\nand which pose a threat to the health and safety of the American Public.\nRecommendation: Introduce and conduct first reading by title only of\nOrdinance No. 1571 adding Chapter 10 (Prohibition on the Sale and\nDistribution of Kratom Products) to Article 6 (Public Welfare) of the Tustin\nCity Code and schedule the adoption for the City Council’s next scheduled\nregular meeting. ORDINANCE NO. 1571 AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER\n10 (PROHIBITION ON THE SALE AND DISTRIBUTION OF KRATOM\nPRODUCTS) TO ARTICLE 6 (PUBLIC WELFARE) OF THE TUSTIN CITY\nCODE Fiscal Impact: Minimal fiscal impact associated with efforts to\nenforce the prohibition by the City’s code enforcement and/or law\nenforcement personnel.\nAGENDA REPORT