Tustin — 2024-02-06

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): (2\ncases)

3. CONFERENCE 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. PUBLIC EMPLOYMENT - Cal. Gov’t Code § 54957(b)(1). Title: City\nManager

5. LIABILITY CLAIMS – [Government Code § 54956.95]: (3 cases)\n2/3/24, 12:34 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nA. Claim No. 23-02, Claim of Sidney Wu\nB. Claim No. 23-17, Claim of Sidney Wu OBO: Evangelina Wu\nC. Claim No. 23-63, Claim of Nicholas Solis

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government\nCode § 54956.8]: (1 case)\nA. Property Address/Description: APN 430-481-02, 430-481-03, 430-\n481-04, 430-481-05 Agency: City of Tustin City Negotiators: Nicole\nBernard, Acting City Manager and Ryan Swiontek Economic\nDevelopment and Housing Manager Negotiating Parties: Irvine\nCompany Under Negotiation: Price and Terms of Payment

10. ADOPT RESOLUTION NO. 24-06 TO APPROVE CITY’S COMMITMENT\nTO PROJECTS SUBMITTED FOR INCLUSION IN THE 2025 FEDERAL\nTRANSPORTATION IMPROVEMENT PROGRAM The Main Street\nImprovement project has been submitted to the Orange County\nTransportation Authority (OCTA) Complete Street Program for\nconsideration. As part of this effort the Main Street Improvement project\nmust also be submitted for inclusion in the 2025 Federal Transportation\nImprovement Program (FTIP). City Council adoption of Resolution No. 24-\n06 will certify City resources and commitment to fund projects submitted\nthrough FTIP.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 24-06 certifying and affirming its commitment to fund the\nprojects submitted for inclusion in the 2025 Federal Transportation\nImprovement Program. RESOLUTION NO. 24-06 A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF TUSTIN WHICH CERTIFIES\nTHAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS\nSUBMITTED IN THE FY 2024/25 - 2029/30 FEDERAL\nTRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS\nCOMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM

11. PARKLAND IN-LIEU FEE WAIVER REQUEST - INTRACORP On January\n17, 2023, the City Council approved a General Plan Amendment, Zone\nChange, Design Review, Density Bonus, Subdivision Map and\nDevelopment Agreement (DA) for Intracorp to construct 40 new residential\ncondominiums on a 2.07-acre parcel at 17802 and 17842 Irvine\nBoulevard. Two (2) of the 40 units will be set aside for affordable housing\nfor Very Low-Income households. On January 10, 2024, Intracorp\nsubmitted a request for a waiver of the two (2) Very Low-Income units\nfrom park in-lieu fees.\nRecommendation: That the City Council adopt Resolution No. 24-11\napproving the waiver of park in-lieu fees for the two (2) Very Low-income\n2/3/24, 12:34 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nunits. RESOLUTION NO. 24-11 A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF TUSTIN APPROVING A WAIVER OF PARKLAND IN-\nLIEU FEES FOR TWO (2) AFFORDABLE HOUSING UNITS LOCATED\nAT 17802 AND 17842 IRVINE BOULEVARD

12. RESOLUTIONS AUTHORIZING THE ISSUANCE AND SALE OF WATER\nREVENUE BONDS TO FINANCE IMPROVEMENTS TO THE CITY OF\nTUSTIN’S MUNICIPAL WATER ENTERPRISE AND APPROVING\nRELATED DOCUMENTS AND OFFICIAL ACTIONS; AND A\nRESOLUTION APPROVING THE FORM AND AUTHORIZING THE\nEXECUTION OF FIRST AMENDMENTS TO THE INDENTURE OF\nTRUSTS DATED AS OF SEPTEMBER 1, 2016 AND FEBRUARY 1, 2020\nApproval by the City of Tustin ("City") and by the Tustin Public Financing\nAuthority ("Authority") are requested to authorize the issuance of the\nTustin Public Financing Authority, Water Revenue Bonds, Series 2024\n(Subordinate Lien) (the "2024 Bonds"). Approval by the City is requested\nto amend the Indenture of Trusts, dated as of September 1, 2016, and\nFebruary 1, 2020, by and between the City and the Bank of New York\nMellon Trust Company, N.A.\nRecommendation: It is recommended that: 1. The City Council adopt City\nCouncil Resolution 24-07 entitled: RESOLUTION APPROVING\nPROCEEDINGS BY THE TUSTIN PUBLIC FINANCING AUTHORITY\nFOR THE ISSUANCE AND SALE OF ITS TUSTIN PUBLIC FINANCING\nAUTHORITY (ORANGE COUNTY, CALIFORNIA) WATER REVENUE\nBONDS TO FINANCE IMPROVEMENTS TO THE CITY'S MUNICIPAL\nWATER SYSTEM APPROVING THE FORM AND AUTHORIZING\nEXECUTION OF RELATED DOCUMENTS AND APPROVING RELATED\nOFFICIAL ACTIONS 2. The Board of Directors adopt Resolution 24-01\nentitled: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF\nWATER REVENUE BONDS TO FINANCE IMPROVEMENTS TO THE\nCITY OF TUSTIN'S MUNICIPAL WATER ENTERPRISE AND\nAPPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS 3. The\nCity Council adopt City Council resolution 24-08 entitled: RESOLUTION\nAPPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A\nFIRST AMENDMENT TO THE INDENTURE OF TRUST, DATED AS OF\nSEPTEMBER 1, 2016, BY AND BETWEEN THE CITY AND THE BANK\nOF NEW YORK MELLON TRUST COMPANY, N.A., RELATING TO THE\n$21,515,000 CITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) 2016\nWATER REFUNDING REVENUE BONDS, AND A FIRST AMENDMENT\nTO THE INDENTURE OF TRUST, DATED AS OF FEBRUARY 1, 2020,\nBY AND BETWEEN THE CITY AND THE BANK OF NEW YORK\nMELLON TRUST COMPANY, N.A., RELATING TO THE $14,910,000\nCITY OF TUSTIN (ORANGE COUNTY, CALIFORNIA) TAXABLE WATER\nREFUNDING REVENUE BONDS, SERIES 2020

13. OLD TOWN TUSTIN HISTORIC VIRTUAL WALKING TOUR The\nCommunity Development Department is pleased to present a new\ninteractive resource to the community, the Old Town Tustin Historic Virtual\nWalking Tour. This self-guided walking tour features 14 historic sites\nthroughout the Old Town area, that takes participants on a journey\nthrough Tustin’s history. As tour participants reach each stop, historic\nphotos and facts about the site are accessible on any mobile device. The\nwalking tour was created to promote interest in historic preservation in\nTustin, and to generate new excitement around the City’s rich history. To\nview the tour, visit www.tustinca.org/walkingtour or scan the QR code\nprovided.\nRecommendation: It is recommended that the City Council receive and file\nthe report.

3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has\napproved the use of Government Code Section 37208 to expedite the\n2/3/24, 12:34 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\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 $1,621,640.38 and Demands in the amount of\n$12,335,505.44.

4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND\nTHE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY\nREDEVELOPMENT AGENCY FOR THE QUARTER ENDING\nDECEMBER 31, 2023\nRecommendation: 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.

5. ADOPT RESOLUTION NO. 24-04 APPROVING APPLICATION FOR\nGRANT FUNDS FOR THE TUSTIN LEGACY PARK IMPROVEMENTS\nPROJECT Representative Petrie-Norris secured an appropriation of\n$750,000 for park improvements in the FY 23/24 California state budget\nfor the Tustin Legacy Park Improvements Project. The California\nDepartment of Parks and Recreation is responsible for administering this\nappropriation. City Council adoption of the attached resolution approving\nthe submittal of an application for this funding is required.\nRecommendation: Staff recommends the City Council approve Resolution\nNo. 24-04. RESOLUTION NO. 24-04 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING\nAPPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM THE\nBUDGET ACT OF 2023, SEC. 19.561. (B) (30) $750,000 TO THE CITY\nOF TUSTIN, FOR THE CITY OF TUSTIN LEGACY PARK\nIMPROVEMENTS

6. ADOPT RESOLUTION NO. 24-05 ORDERING THE PREPARATION OF\nTHE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND\nLIGHTING DISTRICT LEW OF ANNUAL ASSESSMENTS FOR FISCAL\nYEAR 2024-2025 State law requires an engineering analysis each year to\nidentify property benefits and to levy assessments in the Tustin\nLandscape and Lighting District. Resolution No. 24-05 orders the\npreparation of the Engineer’s Report for the Tustin Landscape and\nLighting District Levy of Annual Assessments for Fiscal Year 2024-2025.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 24-05 ordering the preparation of the Engineer's Report for\nthe Tustin Landscape and Lighting District Levy of Annual Assessments\nfor Fiscal Year 2024-2025. RESOLUTION NO. 24-05 A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA\n2/3/24, 12:34 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR\nTHE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF\nANNUAL ASSESSMENTS FOR FISCAL YEAR 2024-2025

7. SECOND AMENDMENT TO CONTRACT WITH CR&R INCORPORATED\nCR&R Incorporated (CR&R) is the City’s exclusive provider for solid waste\nand recycling services. The Contract between the City and CR&R allows\nfor annual rate increases to offset increases in the cost to provide the\nservice. To ensure Proposition 218 compliance the City will be updating\nthe annual rate adjustment process after a public hearing in June 2024.\nContractually, annual rate increases have been adjusted using the\nProducer Price Index (PPI) for the prior calendar year. In an effort to meet\nthe timeline and public notification requirements of Prop 218, staff and\nCR&R have agreed to amend the contract to use the October PPI to\ndetermine the rate adjustment that will take effect on July 1, 2024, and\nannually thereafter.\nRecommendation: Staff recommends the City Council approve the\nSecond Amendment to Agreement for the Collection, Transportation,\nProcessing and Diversion of Recyclable Materials, Food Scraps, Yard\nTrimmings, Wood, Construction and Demolition Debris and Other\nMaterials and for the Collection, Transportation and Disposal of Municipal\nSolid Waste; and authorize the City Clerk and Mayor to execute the\nSecond Amendment.

8. JOINT POWERS AUTHORITY AGREEMENT WITH THE INTEGRATED\nLAW AND JUSTICE AGENCY FOR ORANGE COUNTY Approval of a\nJoint Powers Authority Agreement (JPA) between the Integrated Law &\nJustice Agency for Orange County (ILJAOC) and the City of Tustin in\norder to make several amendments to the JPA. In addition, revisions have\nbeen made to the JPA in order to ensure the practices of the Board\nconform with the requirements of the JPA.\nRecommendation: 1. Approve the recommended amendments to the\nGovernance Document of the ILJAOC Joint Powers Authority. 2. Direct\nthe City Clerk to provide a minute order to the ILJAOC Recording\nSecretary (Jennifer Manzella at Jennifer_manzella@ILJAOC.org),\nconfirming the Council's action.

9. POLICE DEPARTMENT VEHICLE PURCHASE Four (4) marked Police\nDepartment patrol vehicles have been identified as needing to be\nreplaced due to excessive mileage and/or age. Staff is recommending the\npurchase of four (4) 2023 Dodge Durango pursuit-rated vehicles to\nreplace the aging patrol vehicles.\nRecommendation: It is recommended the City Council authorize: 1. The\npurchase of four (4) 2023 Dodge Durango pursuit-rated vehicles from the\nNational Auto Fleet Group in the City of Alhambra in the amount of\n2/3/24, 12:34 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\n$224,874.84 ($56,218.71 each) as replacements for four of the aging,\nhigh-mileage vehicles scheduled for replacement. 2. The purchase of\npolice equipment conversion packages for four (4) 2023 Dodge Durango\npursuit-rated vehicles in the amount of $78,212.57 ($19,553.14 each). 3.\nThe purchase of graphic designs from Digital Magic Signs for four (4)\n2023 Dodge Durango pursuit-rated vehicles in the amount of $2,578.59\n($644.64 each). 4. The purchase of secondary battery boxes for four (4)\nDodge Durango pursuit-rated vehicles in the amount of $763.44 ($190.86\neach). 5. The purchase of one (1) Motorola APX 6500/Enh Series radio in\nthe amount of $14,658.31. 6. The Public Works Department to dispose of\nthe retired surplus vehicles at the next available public auction and credit\nnet proceeds to the applicable City Revenue Fund. 7. The Public Works\nDepartment to dispose of the two (2) retired 2014 Ford Taurus unmarked\nvehicles. Unit#3506 (1FAHP2MK5EG175306) and Unit #3507\n(1FAHP2MK1EG178784) were both replaced by the purchase of lease\nvehicles during the fiscal year.