Tustin — 2023-02-21

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (1 case)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2) and (e)(5): (1 case)

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -\nInitiation of litigation pursuant to Government Code § 54956.9(d)(4): (1\ncase)

10. MID-YEAR BUDGET REVIEW FOR FISCAL YEAR 2022-2023 This report\nprovides the City Council with a Mid-Year Budget Review of Fiscal Year\n2022-2023, which projects General Fund operating revenues to be $2.2\nmillion higher than the adopted budget and General Fund operating\nexpenditures to be $2.1 million higher than the amended budget; and\nprojects General Fund Reserves of $27 million at June 30, 2023 (or 30%\nof General Fund operating expenditures) which exceeds the City Council’s\nreserve policy of 15% to 20%.\nRecommendation: Staff recommends that the City Council: 1. Authorize\nan increase to the amended budget for General Fund revenues by\n$2,166,700 based on projected amounts reflected within this report; 2.\nAuthorize an increase to General Fund appropriations for City Clerk's\nOffice ($22,307), Public Works ($279,541), and Non-Departmental\n($2,585,704); 3. Authorize staffing changes to the Position Control List\nand approve Resolution 23-09, establishing classifications and salary\nranges for Assistant Plan Check Engineer, Associate Plan Check\nEngineer, Equipment Mechanic Leadworker, and Water Treatment\nLeadworker; 4. Authorize supplemental appropriations of $438,100 from\nunappropriated reserves of the Gas Tax Fund (Fund 130) for plant\nmaterial rehabilitation, contract engineering, and contract signal operation\nsupport; 5. Authorize supplemental appropriations of $62,000 from\nunappropriated reserves of the Street Lighting District Fund (Fund 142) for\nincreased energy costs and new signals; 6. Authorize an increase of\n$114,000 to the state grant revenue budget in the Solid Waste Fund (Fund\n171) and ·supplemental appropriations of $215,000 from the same fund\nfor costs related to implementing State Grant Senate Bill (SB) 1383\nReduction of Organic Waste; 7. Authorize supplemental appropriations of\n$32,000 in the Special Events Fund (Fund 180) for increased recreation\nservices; 8. Authorize supplemental appropriations of $3,023,000 from\nunappropriated reserves of the Water Enterprise Fund (Fund 300) for\nBeneta Well construction costs, Pasadena Well equipment replacement,\nand increased water purchase costs; 9. Authorize supplemental\nappropriations of $482,000 in the Water Capital Fund (Fund 301) for\nEdinger Well maintenance, analysis, and engineering services; 10.\nAuthorize supplemental appropriations of $288,500 in the Special Tax B\nFund (Fund 442) for a projected increase in special tax transferred to the\nGeneral Fund for public services at the Tustin Legacy area; and 11.\nAuthorize supplemental appropriations for capital projects outlined within\nthis report. RESOLUTION NO. 23-09 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPDATING THE\nCITYWIDE SALARY SCHEDULE AND THE POSITION CONTROL\nSCHEDULE\nAGENDA ITEM

11. PARKS & RECREATION DEPARTMENT ANNUAL REPORT 2022 The\nParks & Recreation Department’s Annual Report summarizes the\nDepartment’s activities throughout 2022.\nRecommendation: Receive and file.\nAGENDA ITEM\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS

3. RATIFICATION 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 $918,853.62 and Demands in the amount of\n$1,602,098.64.\nAGENDA ITEM

4. COUNCIL AND COMMISSION TELECONFERENCING Consider\nauthorizing individual Council members and members of the City’s\nCommissions to use teleconferencing consistent with the amended\nrequirements of the Brown Act.\nRecommendation: 1. Authorize the use by members of the City Council\nand City Commissions of teleconferencing in accordance with the Ralph\nM. Brown Act; and 2. Authorize each City Commission the option to\ndisallow teleconferencing by majority vote of that Commission.\nAGENDA ITEM

5. FISCAL YEAR 2021-2022 AUDIT REPORTS The financial statement audit\nfor the 2021-2022 fiscal year has been completed by Davis Farr LLP,\nwhich reflects an "unmodified", or clean opinion that the City’s financial\nstatements for the fiscal year are presented fairly. Jennifer Farr, the audit\npartner from Davis Farr LLP discussed the results of the audit with the\nAudit Commission on January 26, 2023.\nRecommendation: It is recommended that the City Council receive and file\nthe fiscal year 2021-2022 audit reports.\nAGENDA ITEM

6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND\nTHE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY\nREDEVELOPMENT AGENCY FOR THE QUARTER ENDING\nDECEMBER 31, 2022 Government Code Section 53646 requires that the\nTreasurer 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: Receive and file.\nAGENDA ITEM

7. POLICE DEPARTMENT VEHICLE PURCHASE On January 16, 2023,\nPatrol Unit 3409 was involved in a traffic collision. The vehicle was\ninspected by our insurance adjuster and the at-fault driver’s insurance\nadjuster. The vehicle was deemed to be a total loss as a result of the\ncollision and needs to be replaced.\nRecommendation: It is recommended the City Council authorize: 1. The\npurchase of one (1) 2022 Dodge Durango pursuit-rated vehicle from the\nNational Auto Fleet Group in the City of Alhambra in the amount of\n$49,851.76, as a replacement for one (1) total loss Dodge Charger. 2. The\npurchase of a police equipment conversion package for one (1) 2022\nDodge Durango pursuit-rated vehicle in the amount of $16,429.75. 3. The\npurchase of graphic designs from Digital Magic Signs for one (1) 2022\nDodge Durango pursuit-rated vehicle in the amount of $704.49. 4. The\npurchase of a Lakeman Chassis battery box for one (1) 2022 Dodge\nDurango pursuit-rated vehicle in the amount of $187.61. 5. The purchase\nof a duty gear and electronics box from Innovative Emergency Equipment\nfor one (1) 2022 Dodge Durango pursuit rated vehicle in the amount of\n$4,853.63. 6. The Public Works Department to dispose of the total loss\nvehicle at the direction of the insurance company. If there are any\nproceeds as a result of the disposal, credit the net proceeds to the\napplicable City Revenue Fund. 7. An appropriation from the Vehicle\nReplacement Fund in the amount of $72,027.24 for the purchase and\nconversion of the 2022 Dodge Durango. The Vehicle Replacement Fund\nwill be reimbursed for the purchase upon collection of any funds from the\ninsurance claim.\nAGENDA ITEM

8. AWARD CONTRACT FOR THE ALLEY GROVE PROMENADE\nPROJECT, CIP NO. 20084 Staff is requesting the City Council award a\nconstruction contract to the lowest responsive/responsible bidder for the\nAlley Grove Promenade Project in Tustin Legacy, CIP No. 20084,\nBrightview Landscape Development, Inc. ("Brightview").\nRecommendation: It is recommended that the City Council: 1. Deny the\nbid protest submitted by Marina Landscape, Inc. ("Marina") as to\nBrightview; 2. Waive inconsequential bid deviations in the bid of\nBrightview, award a construction contract in the amount of $3,437,030.44,\nfor the Alley Grove Promenade Project, CIP No. 20084 to Brightview as\nthe lowest responsive and responsible bidder, and authorize the Mayor\nand the City Clerk to execute the contract documents on behalf of the\nCity; and 3. Appropriate $884,700 from Land Sale Proceeds Fund (Fund\n189) to fully fund the project.\nAGENDA ITEM

9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1534\nADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY\nCODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ART\nCOMMISSION Adoption of Ordinance No. 1534 amends the Tustin City\nCode by adding Part 8 to Chapter 5 of Article 1 of the Tustin City Code\nestablishing the Public Art Commission.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No. 1534. ORDINANCE NO. 1534 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA ADDING PART 8 TO CHAPTER 5 OF ARTICLE 1 OF THE\nTUSTIN CITY CODE RELATED TO THE ESTABLISHMENT OF A\nPUBLIC ART COMMISSION\nAGENDA ITEM\nREGULAR BUSINESS ITEMS 10-11