Tustin — 2023-08-15

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

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

3. LABOR NEGOTIATIONS - [Government Code § 54957.6] Agency\nNegotiators: Derick Yasuda, Director of Human Resources and Peter\nBrown, Liebert Cassidy Whitmore Employee Organization: Tustin Police\nSupport Services Management Association (TPSSMA) Employee\nOrganization: Tustin Police Support Service Association (TPSSA)

4. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION -\n[Government Code § 54957(b)(1)] Title: City Manager

5. LIABILITY CLAIMS – [Government Code § 54956.95]: (2 cases)\n8/11/23, 1:10 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nA. Claim No. 23-33, Claim of Duque OBO Steven Escamilla\nB. Claim No. 23-41, Claim of Thuy Hoang

10. REJECTION OF ALL BIDS FOR THE SOUTH HANGAR RENOVATION\n(CIP NO. 10076) Staff is recommending that the City Council reject both\nbid proposals received on July 11, 2023 for the South Hangar Renovation,\nCIP No. 10076. The City received only two (2) bids for this project, both\nhigher than the engineer’s estimate, with the lowest being approximately\n13.7% over the engineer’s estimate. In addition, staff has determined that\nadding the limited civil work to the Neighborhood D South Phase 2 -\nPackage #1 bid set would allow the City to require a Class B contractor’s\nlicense instead of a Class A license, and further to split the structural work\n8/11/23, 1:10 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nfrom the electrical work, both in an attempt to provide flexibility for a\ndetermination of its approach to get more bidders and more competitive\nbid numbers.\nRecommendation: It is recommended that the City Council reject the two\n(2) bids received on the South Hangar Renovation, CIP No. 10076 and\ndirect the City Clerk to return all bid bonds.\nAGENDA REPORT

11. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED\n"WELCOME TO THE NEIGHBORHOOD" On June 12, 2023, the Orange\nCounty Grand Jury (Grand Jury) released a report entitled "Welcome to\nthe Neighborhood" discussing group homes which provide services\nincluding, but not limited to, substance recovery, hospice care, residential\ncare for the elderly, and sober living environments. California Penal Code\nSection 933 requires the governing body of any public agency to comment\non the findings and recommendations no later than 90 days after the\nrelease of the report (by September 13, 2023). The City Council response\nis included herein as Attachment 2.\nRecommendation: It is recommended that the City Council approve the\nattached response to the Orange County Grand Jury, authorize the Mayor\nto sign the letter on behalf of the City Council, and direct the City Clerk to\nsubmit the response by September 13, 2023.\nAGENDA REPORT

12. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED\nGIMME SHELTER AND A POUND OF ADVICE, "THE STATE OF ANIMAL\nWELFARE OVERSEEN BY THE COUNTY OF ORANGE" On June 2,\n2023, the Orange County Grand Jury (Grand Jury) released a report\nentitled "Gimme Shelter and a Pound of Advice, The State of Animal\nWelfare Overseen by the County of Orange". California Penal Code\nSection 933 requires the governing body of any public agency to comment\non the findings and recommendations no later than 90 days after the\nrelease of the report (by September 1, 2023). The proposed City Council\nresponse is included herein as Attachment 2.\nRecommendation: It is recommended that the City Council approve the\nattached response to the Orange County Grand Jury, authorize the Mayor\nto sign the letter on behalf of the City Council, and direct the City Clerk to\nsubmit the response by September 1, 2023.\nAGENDA REPORT\nREGULAR BUSINESS ITEM 13

13. SUMMARY OF PROJECTS Staff will present the summary of projects and\nactivities from the Community Development and Public Works\nDepartments. The presentation will focus on the status of projects that the\nPlanning Commission, City Council, Zoning Administrator, or staff\napproved; historic preservation projects; Code Enforcement activities;\nmajor construction and improvement projects; and other items of interest.\n8/11/23, 1:10 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nRecommendation: Receive and file.\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 $1,034,154.75 and $1,154,092.58 and Demands\nin the amount of $7,957,639.54.\nAGENDA REPORT

4. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public\nAffairs (TPA) have prepared a summary of state legislative activity.\n8/11/23, 1:10 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nRecommendation: 1. Receive and file the updated legislative matrix as of\nAugust 4. 2. Receive and file legislative updates prepared by TPA.\nAGENDA REPORT

5. NOTICE OF COMPLETION FOR THE PINE TREE PARK\nIMPROVEMENTS PROJECT (CIP No. 20087) Construction for the Pine\nTree Park improvements Project (CIP No. 20087) has been substantially\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. 23-44 accepting the Pine Tree Park Improvements Project\n(CIP No. 20087); and 2. Authorize the City Engineer to execute and file\nthe Notice of Completion with the County Recorder's Office.\nRESOLUTION NO. 23-44 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF\nIMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE\nNOTICE OF COMPLETION FOR THE PINE TREE PARK\nIMPROVEMENTS (CIP 20087)\nAGENDA REPORT

6. AUTHORIZATION TO PURCHASE FIVE VEHICLES Staff is requesting\nCity Council authorization to purchase one (1) 1500 crew/cab vehicle, two\n(2) 3500 flatbed vehicles, and two (2) Toyota Prius Prime Hybrids.\nRecommendation: It is recommended that the City Council: 1. Authorize\nthe purchase of one (1) equipped 2023 Chevrolet 1500 crew/cab truck\nfrom Quality Chevrolet Escondido. 2. Adopt Resolution No. 23-42\nauthorizing the purchase of two (2) Chevrolet 3500 Flatbeds from Elk\nGrove Auto /Winner Chevrolet and two (2) Toyota Prius Hybrids from\nFreeway Toyota. 3. Appropriate $72,082.02 from the AB 2766 Motor\nVehicle Subvention Program Fund (Fund 133) for the purchase of two (2)\nToyota Prius'. RESOLUTION NO. 23-42 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE\nSTATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO\nPURCHASE CERTAIN ITEMS\nAGENDA REPORT

7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND\nTHE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY\nREDEVELOPMENT AGENCY FOR THE QUARTER ENDING JUNE 30,\n2023 Government Code Section 53646 requires that the Treasurer make\nan Investment Report to the City Council at least quarterly showing\nbalances by authorized investment and certifying its compliance with the\nadopted Investment Policy.\nRecommendation: Receive and file.\nAGENDA REPORT\n8/11/23, 1:10 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

8. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO\nFILE THE NOTICE OF COMPLETION FOR THE PIONEER ROAD PARK\nPLAYGROUND RENOVATION (CIP NO. 20092) The Pioneer Road Park\nPlayground Renovation has been completed and the project is ready to\naccept and file the Notice of Completion.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-43 accepting the Pioneer Road Park Playground\nRenovation (CIP No. 20092), and 2. Authorize the City Clerk to file the\nNotice of Completion with the County Recorder's office. RESOLUTION\nNO. 23-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT\nAND AUTHORIZING THE RECORDATION OF THE NOTICE OF\nCOMPLETION FOR THE PIONEER ROAD PARK PLAYGROUND\nRENOVATION (CIP NO. 20092)\nAGENDA REPORT

9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE\nADVERTISEMENT FOR BIDS FOR THE TUSTIN-LEGACY\nNEIGHBORHOOD "D" SOUTH PHASE 2 INFRASTRUCTURE (CIP NO.\n70256) CONSTRUCTION PROJECT - PACKAGE #1 AND THE CIVIL\nPORTION OF THE WORK FOR THE SOUTH HANGAR RENOVATION\n(CIP NO. 10076) The plans and specifications for the Tustin-Legacy\nNeighborhood "D" South Phase 2 Infrastructure (CIP No. 70256)\nConstruction Project - Package #1 and the civil portion of the work for\nSouth Hangar Renovation (CIP No. 10076) have been substantially\ncompleted pending final approval by the City Engineer.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-41 approving the plans and specifications for the\nTustin-Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No.\n70256) Construction Project - Package #1 and the civil portion of the work\nfor the South Hangar Renovation (CIP No. 10076); and 2. Authorize the\nCity Clerk to advertise to receive bids. RESOLUTION NO. 23-41 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE\nTUSTIN-LEGACY NEIGHBORHOOD "D" SOUTH PHASE 2\nINFRASTRUCTURE (CIP NO. 70256) CONSTRUCTION PROJECT -\nPACKAGE #1 AND THE CIVIL PORTION OF THE WORK FOR THE\nSOUTH HANGAR RENOVATION (CIP NO. 10076) AND AUTHORIZING\nADVERTISEMENT FOR BIDS\nAGENDA REPORT