Tustin — 2023-05-02

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (4 cases)

10. AUTHORIZATION TO PURCHASE TWO (2) SHADE STRUCTURES FOR\nTHE BARK BARRACKS AT TUSTIN LEGACY PARK (CIP No. 20091)\nStaff is requesting authorization to purchase two (2) cantilever disc shade\nstructures for the Bark Barracks (Dog Park) at Tustin Legacy Park project\n(CIP No. 20091) utilizing the Sourcewell cooperative government\npurchasing program.\nRecommendation: It is recommended that the City Council adopt\nResolution 23-19, authorizing the use of the Sourcewell (formerly National\nJoint Powers Alliance) cooperative government purchasing program\n(Contract # 010521-LTS-6) for the purchase of two (2) cantilever disc\nshade structures from Playpower, Inc./USA Shade at the Bark Barracks\n(Dog Park) at Tustin Legacy Park.\nAGENDA REPORT

11. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public\nAffairs (TPA) have prepared a summary of state legislative activity.\nRecommendation: 1. Take an OPPOSE UNLESS AMENDED position on\nAB 742 (Jackson) Law enforcement: police canines 2. Take an OPPOSE\nUNLESS AMENDED position on AB 1637 (Irwin) Local government:\ninternet websites and email addresses 3. Take a SUPPORT position on\nAB 1708 (Muratsuchi) Theft 4. Take an OPPOSE UNLESS AMENDED\nposition on SB 252 (Gonzalez) Public retirement systems: fossil fuels:\ndivestment\nAGENDA REPORT\nPUBLIC HEARING ITEM 12

12. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE YEAR\nACTION PLAN FOR PROGRAM YEAR 2023-24 The Housing and\nCommunity Development Act of 1974, as amended, established the\nCommunity Development Block Grant (CDBG) program to return federal\nfunds to local communities for the purpose of developing viable urban\ncommunities by providing decent housing, creating suitable living\nenvironments, and by expanding economic opportunities, specifically for\nlow and moderate-income persons. To participate in the CDBG program,\nthe City is required to prepare a Consolidated Plan that identifies needs\nfor affordable and supportive housing, community development, public\nservices, and economic opportunities. The Consolidated Plan is required\nevery five (5) years and was most recently adopted by the City Council on\nApril 21, 2020. Annually, the City is also required to prepare a one-year\nAction Plan that implements the goals and objectives contained in the\nConsolidated Plan. The proposed 2023-24 Action Plan set forth in\nResolution No. 23-12 (Attachment A) fulfills this annual requirement.\nRecommendation: That the City Council adopt Resolution No. 23-12: 1.\nApproving the Program Year (PY) 2023-24 Action Plan and funding\nallocations totaling $749,455; authorize submission of the PY 2023-24\nAction Plan to the U.S. Department of Housing and Urban Development\n(HUD); and, 2. Authorizing the Community Development Department to\nenter into contracts with CDBG subrecipients for public services, non-\npublic services, and fair housing services. RESOLUTION NO. 23-12 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, APPROVING THE ACTION PLAN FOR PROGRAM YEAR\n2023-24 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)\nFUNDS FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING\nAND URBAN DEVELOPMENT.\nAGENDA REPORT\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 $960,545.63 and Demands in the amount of\n$2,596,648.55.\nAGENDA REPORT

4. AWARD CONTRACT FOR THE LEGACY ANNEX TENANT\nIMPROVEMENT PROJECT CIP NO. 10087 Bids for the Legacy Annex\nTenant Improvement Project (CIP No. 10087) have been received and a\nconstruction contract is ready to be awarded to the lowest\nresponsive/responsible bidder, RBA Builders, Inc.\nRecommendation: It is recommended that the City Council: 1. Award the\nconstruction contract to RBA Builders, Inc., the lowest\nresponsive/responsible bidder, in the amount of $772,822.00 for the\nLegacy Annex Tenant Improvement Project (CIP No. 10087), and\nauthorize the Mayor and the City Clerk to execute the contract documents\non behalf of the City; 2. Adopt Resolution No. 23-18 authorizing the use of\nOMNIA Partners; Contract# R191804 with The HON Company for the\nFF&E (Furnishings, Fixtures and Equipment) in the amount of $43,444.55;\nand 3. Authorize the remaining project budgeted appropriation in excess\nof ten percent (10%) above the contract amount as additional\ncontingency. RESOLUTION NO. 23-18 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE\nCOUNTY OF ORANGE COOPERATIVE PURCHASING PROGRAM TO\nPURCHASE CERTAIN ITEMS\nAGENDA REPORT

5. APPROVE THE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE\nAND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO\nCONSIDER LEVYING FISCAL YEAR 2023-2024 ASSESSMENTS At the\nFebruary 7, 2023 meeting, the City Council ordered the preparation of an\nEngineer’s Report for the Levy of Annual Assessments for the Tustin\nLandscape and Lighting District. The Engineer’s Report has now been\ncompleted and is ready for City Council approval. Additionally, it is\nrequested that the City Council declare its intention to levy annual\nassessments and set a public hearing for June 6, 2023.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-16 approving the Engineer's Report for the Tustin\nLandscape and Lighting District for Fiscal Year 2023-2024; and 2. Adopt\nResolution No. 23-17 declaring its intention to levy annual assessments\nfor Fiscal Year 2023-2024 and setting a public hearing for June 6, 2023.\nRESOLUTION NO. 23-16 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S\nREPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT\nLEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023-2024\nRESOLUTION NO. 23-17 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO\nPROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL\nYEAR 2023-2024 FOR THE IMPROVEMENT, MAINTENANCE AND\nSERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN\nTHE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE\nTUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND\nCOLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND\nLIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE\nTHEREOF\nAGENDA REPORT

6. ADOPT RESOLUTION NO. 23-20 AND 23-21, SUPPORTING FINDINGS\nTHAT THE CITY OF TUSTIN PFAS WATER TREATMENT PLANT IS\nEXEMPT FROM CEQA AND AUTHORIZING A REPRESENTATIVE TO\nSIGN AND FILE A FINANCIAL ASSISTANCE APPLICATION AND GRANT\nAGREEMENT WITH THE STATE WATER RESOURCES CONTROL\nBOARD FOR CONSTRUCTION OF THE TUSTIN PFAS WATER\nTREATMENT PLANT The Orange County Water District (OCWD) has\nidentified potential grant funding through the State Water Resource\nControl Board (SWRCB) to help offset capital costs incurred for the design\nand construction of the Tustin PFAS Water Treatment Plant. Although\nOCWD is the lead agency in regards to the construction and financial\ncomponents of this project, the SWRCB had indicated OCWD is not\neligible to apply for this grant, but would accept an application from the\nowner/operator of the facility. OCWD has requested Tustin’s support in\napplying for grant funding. Resolution Nos. 23-20 and 23-21 support\nOCWD’s California Environmental Quality Act (CEQA) findings and\ndesignate a representative of the City to sign and file the grant application.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-20 supporting the findings that the Tustin PFAS Water\nTreatment Plant is categorically exempt from CEQA for the reasons set\nforth in the Resolution; and 2. Adopt Resolution No. 23-21 authorizing the\nCity Manager or his designee, the Director of Public Works/City Engineer,\nto sign and file the grant application with the SWRCB. RESOLUTION NO.\n23-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA SUPPORTING AND ADOPTING THE FINDINGS\nTHAT THE CITY OF TUSTIN PFAS WATER TREATMENT PLANT IS\nEXEMPT FROM CEQA PURSUANT TO SECTION 15303 OF THE CEQA\nGUIDELINES RESOLUTION NO. 23-21 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING A\nREPRESENTATIVE TO SIGN AND FILE A FINANCIAL ASSISTANCE\nAPPLICATION FOR FINANCING AND GRANT AGREEMENT WITH THE\nSTATE WATER RESOURCES CONTROL BOARD FOR THE TUSTIN\nPFAS WATER TREATMENT PLANT\nAGENDA REPORT

7. PROMISSORY NOTE BETWEEN THE WATER ENTERPRISE FUND\nAND THE GENERAL FUND Authorize the General Fund’s purchase of a\nseven-year Promissory Note issued by the Water Enterprise Fund to meet\nthe rate covenant requirement for the 2016 and 2020 Refunding Water\nRevenue Bonds.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 23-14 that: 1. authorizes the General Fund's purchase of a\nseven-year promissory note in the principal amount of $3,830,700\n("Promissory Note"); and 2. authorizes the execution of a seven-year\nPromissory Note by the Water Enterprise Fund to meet the bond rate\ncovenant. RESOLUTION NO. 23-14 A RESOLUTION OF THE CITY OF\nTUSTIN, CALIFORNIA, AUTHORIZING THE GENERAL FUND'S\nINVESTMENT IN A PROMISSORY NOTE OF THE TUSTIN WATER\nENTERPRISE FUND AND AUTHORIZING THE EXECUTION OF THE\nPROMISSORY NOTE BY THE WATER ENTERPRISE FUND.\nAGENDA REPORT

8. EIGHTH AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE\nCITY OF TUSTIN AND NATIONAL OFFICE LIQUIDATORS, LLC FOR A\nPORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE\nRequest for approval of the eighth amendment to the Rental Agreement\n(Amendment) between the City and National Office Liquidators, LLC\n(Tenant), for City-owned property located at 15171 Del Amo Avenue.\nRecommendation: It is recommended that the City Council approve the\neighth amendment in accordance with Tustin City Code Section 7960(B)\nand authorize the City Manager to execute the Amendment, subject to any\nnon-substantive modifications as may be deemed necessary and/or\nrecommended by the City Attorney.\nAGENDA REPORT

9. FIFTH AMENDMENT TO THE RENTAL AGREEMENT BETWEEN THE\nCITY OF TUSTIN AND KYA SERVICES, LLC FOR A PORTION OF THE\n4/28/23, 5:01 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nBUILDING LOCATED AT 15171 DEL AMO AVENUE Request for approval\nof the fifth amendment to the Rental Agreement (Amendment) between\nthe City and Kya Services, LLC (Tenant), for City-owned property located\nat 15171 Del Amo Avenue.\nRecommendation: It is recommended that the City Council approve the\nfifth amendment in accordance with Tustin City Code Section 7960(B) and\nauthorize the City Manager to execute the Amendment, subject to any\nnon-substantive modifications as may be deemed necessary and/or\nrecommended by the City Attorney.\nAGENDA REPORT