Tustin — 2025-11-04

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

5.\nCONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government\nCode § 54956.8] (1 case)\nA.\nProperty Address/Description: 150 E. First Street Agency: City of\nTustin City Negotiators: Aldo E. Schindler, City Manager; Nicole\nBernard, Assistant City Manager; Brian Moncrief, Deputy City\nManager/Real Property Negotiating Parties: CAZ LLC and Riviera\nPacific Properties, Inc. Under Negotiation: Price and Terms of\nPayment

10.\nCITY OF TUSTIN PROPERTIES WITHIN THE PROPOSED TUSTIN\nLANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2025 All\nproperties within the Tustin Landscape and Lighting District have been\nprovided ballots to vote on the formation of a proposed reassessment\ndistrict to support increased maintenance activities within the public rightof-way. Proposition 218 requires that publicly owned parcels also pay\nspecial benefit assessments levied for a landscape and lighting district.\nThe City of Tustin has received ballots representing 21 City-owned park\nand fire station parcels within the proposed reassessment district.\nRecommendation: It is recommended that the City Council direct the City\nManager to complete ballots for City- owned parcels in support of forming\nTustin Landscape and Lighting Reassessment District 2025 and submit\nballots to the City Clerk for tabulation on December 2, 2025.Fiscal Impact:\nIf approved, the proposed reassessment district will replace the existing\ndistrict and levy assessments commencing Fiscal Year 2026-2027. The\nproposed annual reassessment would result in a General Fund\nexpenditure of $16,453.22 in Fiscal Year 2026-2027, followed by an\nannual increase reflective of the 5-year assessment schedule as shown in\nAttachment 1. Beginning Fiscal Year 2031-32, assessments will be\nincreased by a defined formula equal to Consumer Price Index +3%.\nAGENDA REPORT

11.\nRECOMMENDATION OF PROPOSALS TO PROCEED TO ROUND TWO\nFOR THE COMPETITIVE OFFERING FOR APPROXIMATELY 52 ACRES\nOF CITY-OWNED REAL PROPERTY WITHIN NEIGHBORHOOD E\n(PLANNING AREAS 9-12) OF THE TUSTIN LEGACY SPECIFIC PLAN\nThree (3) proposals are recommended for City Council consideration to\nproceed to Round Two for the competitive offering for approximately 52\nacres of City-owned real property within Neighborhood E (Planning Areas\n9-12) of the Tustin Legacy Specific Plan. The recommendation is made by\na staff supported, Mayor appointed Ad-Hoc Committee composed of\nMayor Austin Lumbard and Council Member Ryan Gallagher.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Authorize staff and the City's broker CCP Real Estate\nAdvisors to inform three (3) proposers from the competitive offering for\napproximately 52 acres of City-owned real property within Neighborhood\nE (Planning Areas 9-12) of the Tustin Legacy Specific Plan that they will\nbe proceeding 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.\nAGENDA REPORT

12.\nAUTHORIZATION TO PURCHASE AND INSTALL EQUIPMENT FOR\nTHE CAMINO REAL PARK PLAYGROUND AND PICNIC SHELTER\nRENOVATION PROJECT (CIP NO. 20096) Staff is requesting\nauthorization to contract with Innovative Playgrounds Co., Inc. and Icon\nShelter Systems, Inc. for the purchase and installation of a custom\nplayground and a picnic shelter at Camino Real Park (CIP No. 20096)\nutilizing cooperative government purchasing programs (i.e. Sourcewell\nand Goodbuy).\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 25-62 authorizing the use of Sourcewell Contract Number\n010521-BUR (Innovative Playgrounds Co., Inc) for the purchase and\ninstallation of new playground equipment at Camino Real Park; 2. Adopt\nResolution No. 25-63 authorizing the use of Goodbuy Contract Number\n25-26-9B00 (ICON Shelter Systems, Inc.) for the purchase and installation\nof a new picnic shelter at Camino Real Park; 3. Authorize an additional\nappropriation of $500,000 from the Park Development Fund (Fund 131);\nand 4. Authorize the City Manager and the City Clerk to execute the\ncontract documents on behalf of the City. RESOLUTION NO. 25-62 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, AUTHORIZING USE OF THE SOURCEWELL\nPURCHASING PROGRAM TO PURCHASE AND INSTALL A NEW\nPLAYGROUND AT CAMINO REAL PARK FOR THE CAMINO REAL\nPLAYGROUND AND PICNIC SHELTER RENOVATION, CIP NO. 20096\nRESOLUTION NO. 25-63 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING USE OF THE\nGOODBUY PURCHASING PROGRAM TO PURCHASE AND INSTALL A\nPICNIC SHELTER AT CAMINO REAL PARK FOR THE CAMINO REAL\nPLAYGROUND AND PICNIC SHELTER RENOVATION, CIP NO. 20096\nFiscal Impact: The FY 2025-2026 Capital Improvement Program currently\nincludes $500,000 allocated to the Camino Real Park Playground and\nPicnic Shelter Renovation from the Park Development Fund. To fully fund\nreplacement of both amenities, including 10% contingency, staff is\nrequesting an additional $500,000 appropriation from the Park\nDevelopment Fund in the Capital Improvement Program budget. The Park\nDevelopment Fund currently maintains a sufficient balance to\naccommodate this appropriation. Project expenditure includes: •\nInnovative\nPlaygrounds/Sourcewell\nContract.................................$486,979.04\nIcon Shelter\nSystems/Goodbuy Contract.......................................$421,864.76 • Total\nExpenditures..................................................................$908,843.80

13.\nSECOND READING AND ADOPTION OF ORDINANCE NO. 1571\nADDING CHAPTER 10 TO ARTICLE 6 OF THE TUSTIN CITY CODE\nPROHIBITING THE SALE OF KRATOM PRODUCTS Adoption of\nOrdinance No. 1571 would ban the sale, distribution, and advertisement\nfor sale of any product containing any part of the leaf of the plant\nMitragyna speciosa (more commonly known as the kratom plant). The\npurpose 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: That the City Council have second reading by title only\nand adoption of Ordinance No. 1571. ORDINANCE NO. 1571 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ADDING CHAPTER 10 (PROHIBITION ON THE SALE\nAND DISTRIBUTION OF KRATOM PRODUCTS) TO ARTICLE 6\n(PUBLIC WELFARE) OF THE TUSTIN CITY CODE Fiscal Impact:\nMinimal fiscal impact associated with efforts to enforce the prohibition by\nthe City's code enforcement and/or law enforcement personnel.\nAGENDA REPORT

14.\nSECOND READING AND ADOPTION OF ORDINANCE NO. 1572\nADDING CHAPTER 11 TO ARTICLE 6 OF THE TUSTIN CITY CODE\nREGULATING THE SALE OF NITROUS OXIDE Adoption of Ordinance\nNo. 1572 would ban the sale, distribution, and advertisement for sale of\nnitrous oxide, devices designed to dispense nitrous oxide, and any device\nwhich contains any amount of nitrous oxide, except for specified medicinal\nor industrial purposes. The purpose of the ordinance is to protect the\npublic health and welfare against the sale and distribution of products\nwhich can cause serious and potentially life-threatening health\ncomplications.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No. 1572. ORDINANCE NO. 1572 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ADDING CHAPTER 11 (SALE AND DISTRIBUTION OF\nNITROUS OXIDE) TO ARTICLE 6 (PUBLIC WELFARE) OF THE TUSTIN\nCITY CODE Fiscal Impact: Minimal fiscal impact associated with efforts to\nenforce the prohibition by the City's code enforcement and/or law\nenforcement personnel.

2.\nAPPROVAL OF MINUTES - THE SPECIAL CLOSED SESSION

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 $1,203,395.40 and Demands in the amount of\n$3,041,257.17.\nAGENDA REPORT

4.\nQUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND\nTHE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY\nREDEVELOPMENT AGENCY FOR THE QUARTER ENDED\nSEPTEMBER 30, 2025 Government Code Section 53646 requires that\nthe Treasurer make an Investment Report to the City Council at least\nquarterly showing balances by authorized investment and certifying its\ncompliance with the adopted Investment Policy.\nRecommendation: That the City Council receive and file. Fiscal Impact:\nThere is no fiscal impact associated with this item.\nAGENDA REPORT

5.\nJOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT –\nQUARTER ONE AND QUARTER TWO, 2025 This agenda report\ntransmits the John Wayne Airport Noise Abatement Quarterly Report\ncovering the first and second quarters of 2025. The City of Tustin is within\nthe John Wayne Airport’s “Noise Impact Area” since it has the potential to\nexperience an average Community Noise Equivalent Level above 65\ndecibels. Community Noise Equivalent Level is a weighted 24-hour\naverage of noise levels, a measurement often used to regulate airport\nnoise impacts on the surrounding community. The average noise levels\nmeasured at Tustin’s monitoring station, located at Columbus Tustin\nMiddle School on Beneta Way (site map in Attachment A), remained\nbelow City, County, and State maximum criteria in the first and second\nquarter reporting periods.\nRecommendation: That the City Council receive and file this report. Fiscal\nImpact: There is no fiscal impact associated with this item.\nAGENDA REPORT

6.\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, August 5, 2025, and September 16, 2025,\nthe City Council reviewed and determined the need to continue the local\nemergency. This item recommends that the City Council once again\nreview and determine that the need exists to continue the local\nemergency, as required by State law.\nRecommendation: It is recommended that the City Council adopt\nResolution 25-70 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.Fiscal Impact: There is no direct impact from a\ndetermination that a local emergency continues to exist.\nAGENDA REPORT

7.\nDECLARE INTENT TO VACATE A PORTION OF AUTO CENTER DRIVE\nAND SET A PUBLIC HEARING California Streets and Highways Code\nSection 8312 authorizes the City Council to vacate all or a portion of a\nstreet within the City when it is no longer necessary for current or\nprospective public street purposes, either on its own initiative or upon\nrequest of an interested party. A request was received from the owners of\nTustin Lexus and Tustin Cadillac to vacate a 12-foot wide strip of right-ofway around the perimeter of the Auto Center Drive cul-de-sac adjacent to\ntheir properties, reducing the curb radius to 40 feet. Pursuant to\nprocedures outlined in Sections 8320-8325 of the California Streets and\nHighways Code, the City Council must first adopt a resolution declaring its\nintent to vacate and set a public hearing. Resolution No. 25-21 includes\nthe legal description and associated map of the area to be vacated.\nRecommendation: It is recommended the City Council adopt Resolution\nNo. 25-21 declaring its intent to vacate a portion of Auto Center Drive and\nset a public hearing for December 2, 2025. Fiscal Impact: The City\nobtained an appraisal determining the fair market value of Parcel A and\nParcel B, depicted in Resolution No. 25-21 to be $14,000 and $30,000,\nrespectively. If the proposed street vacation is approved and executed,\nthe adjacent property owners have agreed to pay fair market value at the\nabove noted prices with proceeds deposited to the General Fund.\nAGENDA REPORT

8.\nACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION\nFOR THE ANNUAL ROADWAY REHABILITATION AND SIDEWALK\nREPAIR PROJECT The final construction cost for the Annual Roadway\nRehabilitation and Sidewalk Repair Project - Zone 6 is $2,640,126.68,\napproximately 7% above the original contract amount of $2,464,122.\nAdditional quantities of various contract items were approved totaling\n$63,028.68 and a contract change order in the amount of $112,976 was\nrequested by the City for additional work to repave the Citrus Ranch Park\nparking lot. This project was funded through a combination of General\nFund, Measure M2 Fair Share, Gas Tax, Park Maintenance. The General\nFund was used to cover the cost of work performed on behalf of the City\nof Irvine and the Irvine Ranch Water District. The City of Irvine will\nreimburse $379,703 for work on Myford Road within their jurisdiction and\nthe Irvine Ranch Water District will reimburse $195,000 for adjustment of\ntheir facilities to grade.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 25-64 accepting the improvement of the Annual Roadway\nRehabilitation and Sidewalk Repair Project - Zone 6; and 2. Authorize the\nCity Engineer to execute and file the Notice of Completion with the\nOrange County Recorder's Office. RESOLUTION NO. 25-64 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT\nAND AUTHORIZING THE RECORDATION OF THE NOTICE OF\nCOMPLETION FOR THE FISCAL YEAR 2024-25 ROADWAY\nREHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 6, (CIP\nNO. 70024) Fiscal Impact: The final construction cost for the Annual\nRoadway Rehabilitation and Sidewalk Repair Project - Zone 6 is\n$2,640,126.68, approximately 7% above the original contract amount of\n$2,464,122. Additional quantities of various contract items were approved\ntotaling $63,028.68 and a contract change order in the amount of\n$112,976 was requested by the City for additional work to repave the\nCitrus Ranch Park parking lot. This project was funded through a\ncombination of General Fund, Measure M2 Fair Share, Gas Tax, Park\nMaintenance. The General Fund was used to cover the cost of work\nperformed on behalf of the City of Irvine and the Irvine Ranch Water\nDistrict. The City of Irvine will reimburse $379,703 for work on Myford\nRoad within their jurisdiction and the Irvine Ranch Water District will\nreimburse $195,000 for adjustment of their facilities to grade.\nAGENDA REPORT

9.\nAPPROVAL OF RESOLUTION NO. 25-67 AUTHORIZING APPLICATION\nAND SUPPORT FOR THE IRVINE BOULEVARD / FOURTH STREET\nREGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT Staff is\nproposing to submit a grant application to the Orange County\nTransportation Authority for funding under Measure M2 for the Regional\nSignal Synchronization Program. The proposed Irvine Boulevard / Fourth\nStreet Regional Traffic Signal Synchronization Project would be\nimplemented in partnership with the City of Santa Ana to improve traffic\nflow and reduce congestion along this regional corridor. The Orange\nCounty Transportation Agency’s process requires the City Council to\nadopt a resolution of support and authorize the grant application submittal.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 25-67, approving the submittal of the Irvine Boulevard /\nFourth Street Regional Traffic Signal Synchronization Project application\nto the Orange County Transportation Authority for funding under Measure\nM2 for projects for the Regional Traffic Signal Synchronization Program.\nRESOLUTION NO. 25-67 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN AUTHORIZING AN APPLICATION FOR THE\nIRVINE BOULEVARD / FOURTH STREET CORRIDOR PROJECT FOR\nFUNDS FROM THE ORANGE COUNTY TRANSPORTATION\nAUTHORITY UNDER THE COMPETITIVE MEASURE M2 REGIONAL\nTRANSPORTATION SIGNAL SYNCHRONIZATION PROGRAM Fiscal\nImpact: The total estimated cost for the Irvine Boulevard / Fourth Street\nRegional Traffic Signal Synchronization Project is $1,950,000. If the\nproject is selected for grant funding, 80 percent of the total cost will be\nfunded by the grant, with participating agencies providing a required 20\npercent as local match for the remaining project balance. The estimated\ncost of the City of Tustin’s portion of the project is $1,125,000, of which\n80% or $900,000 would be funded through the grant, with $225,000 as\nTustin’s required local match contribution to the project. If the project is\nselected in Spring 2026, staff will return to the City Council with a funding\nrecommendation and request for appropriation for the City’s local match.\nAGENDA REPORT