Tustin — 2023-09-19

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (3 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. LIABILITY CLAIMS – [Government Code § 54956.95]: (3 cases)\nA. Claim No. 23-15, Claim of Ellis Law Corporation Obo Felix\nNexticapan Gonzalez\n9/15/23, 3:16 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nB. Claim No. 23-16, Claim of Ellis Law Corporation Obo Guadalupe\nHerrera Bello\nC. Claim No. 23-44, Claim of Krista Dossett

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

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\n9/15/23, 3:16 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nPayroll in the amount of $1,070,234.83, $991,745.00 and $1,040,065.07\nand Demands in the amount of $8,274.394.68.\nAGENDA REPORT

4. 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 531 (Irwin) The Behavioral Health Infrastructure Bond Act of 2023. 2.\nTake an OPPOSE UNLESS AMENDED position on AB 825 (Bryan)\nVehicles: bicycles on sidewalks. 3. Receive and file the updated legislative\nmatrix as of September 8. 4. Receive and file legislative updates prepared\nby TPA.\nAGENDA REPORT

5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL\nREPORT Pursuant to the Tustin Housing Authority Bylaws and State of\nCalifornia Housing Authorities Law of the California Health and Safety\nCode Section 34328, the Tustin Housing Authority ("Housing Authority") is\nholding an annual meeting in order to receive and file the annual report of\nits activities for the preceding fiscal year.\nRecommendation: The Tustin Housing Authority Commissioners take the\nfollowing actions: 1. Receive and file the Annual Report for Fiscal Year\n("FY") 2022-2023 and transmit such report to the Tustin City Council. The\nCity Council take the following actions: 1. Receive and file the Housing\nAuthority's Annual Report for FY 2022-2023. 2. Direct that a copy of the\nHousing Authority's Annual Report for FY 2022-2023 be filed with the City\nClerk and ex-officio Clerk of the City Council of the City of Tustin and the\nCalifornia State Department of Housing and Community Development.\nAGENDA REPORT

6. AWARD CONTRACT FOR THE RED HILL AVENUE PAVEMENT\nREHABILITATION PROJECT BETWEEN SAN JUAN STREET AND\nMELVIN WAY, CIP NO. 70220 Bids for the Red Hill Avenue Pavement\nRehabilitation Project between San Juan Street and Melvin Way, CIP No.\n70220, have been received and a construction contract is ready to be\nawarded to the lowest responsive/responsible bidder, Onyx Paving\nCompany, Inc.\nRecommendation: It is recommended the City Council: 1. Award a\nconstruction contract to the lowest responsive/responsible bidder, Onyx\nPaving Company, Inc. in the amount of $1,661,000.00 for the Red Hill\nAvenue Pavement Rehabilitation Project between San Juan Street and\nMelvin Way, CIP No. 70220, and authorize the Mayor and the City Clerk to\nexecute the contract documents on behalf of the City; and 2. Appropriate\n$175,000 from the AB 2766 Motor Vehicle Subvention Fund (Fund 133) to\nfund the pedestrian crossing improvements at Olwyn Drive.\nAGENDA REPORT\n9/15/23, 3:16 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

7. EXCLUSIVE NEGOTIATING AGREEMENT WITH CD-MS (TUSTIN) LLC\nFOR PORTIONS OF TUSTIN LEGACY DISPOSITION AREA 8B Request\nfor authorization to enter into an Exclusive Negotiating Agreement (ENA)\nwith CD-MS (Tustin) LLC (Developer) for the disposition and development\nof portions of Disposition Areas 8B at Tustin Legacy for a senior\ncongregate care facility project.\nRecommendation: Authorize the City Manager to execute the Exclusive\nNegotiating Agreement between the City and Developer.\nAGENDA REPORT\nREGULAR BUSINESS ITEM 8

8. PUBLIC WORKSHOP TO DISCUSS CHANGES IN WATER RATES AND\nTO SET A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF\nPROPOSITION 218 The City’s consultant, IB Consulting, completed a\ncost-of-service analysis for the City’s Water Enterprise and developed\nproposed water rates to meet ongoing operational, maintenance, and\ncapital needs while maintaining the requirements of existing bond\ncovenants. City staff requests that the City Council hold a public workshop\nto discuss the cost-of-service analysis and proposed rates, and set a\npublic hearing for December 5, 2023, to consider the adoption of\nproposed water rates.\nRecommendation: Staff recommends that the City Council: 1. Conduct a\npublic workshop to discuss the cost-of-service analysis and proposed\nchanges to the water rates; 2. Set a public hearing for December 5, 2023,\nto consider the adoption of proposed new water rates; and 3. Direct staff\nto prepare and mail the required public hearing notices.\nAGENDA REPORT\nMATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A\nFUTURE AGENDA No agenda report has been prepared by staff Pursuant to\nResolution No. 21-105, if any three (3) members of the Council approve a\nmotion to agendize any of the following items for a future meeting, the City\nManager will initiate preparation of an appropriate agenda report and evaluate\nthe tentative dates for the requested item to be placed on the agenda for\ndiscussion and consideration by the City Council. An aye vote will direct staff to\nprepare an agenda report for Council discussion and consideration at a future\nmeeting date to be determined by the City Manager. A nay vote will result in no\nfurther action taken and the item may not be requested by either of the\nrequesting members of the Council again earlier than six months after the\nCouncil last considered the request.

9. PROCUREMENT TRANSPARENCY AND ACCOUNTABILITY Submitted\nBy Council Member Gallagher, Co-Signed By Mayor Lumbard. Proposed\nMotion: Direct staff to prepare an agenda report for Council discussion\nand consideration at a future meeting date to be determined by the City\nManager.\nRecommendation: Pleasure of the City Council.