Tustin — 2024-02-20

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

2. CONFERENCE WITH LEGAL COUNSEL –\nANTICIPATED LITIGATION - Initiation of litigation\npursuant to Government Code § 54956.9(d)(4): (2\ncases)

3. CONFERENCE WITH LEGAL COUNSEL –\nANTICIPATED LITIGATION – Significant exposure\nto litigation pursuant to Government Code §\n54956.9(d)(2): (1 case) – related to the fire at the\nNorth Hangar owned by the Navy and the release of\nhazardous materials therefrom

4. PUBLIC EMPLOYMENT - Cal. Gov’t Code §\n54957(b)(1). Title: City Manager

5. LIABILITY CLAIMS – [Government Code §\n54956.95]: (1 case)\nA. Application For Leave To Present A Late Claim\nFor Claim Of Thomas Conroy Obo E. S. –\nClaim No. 24-03, And Claim Of Thomas Conroy\nObo E. S. – Claim No. 24-03

6. CONFERENCE WITH REAL PROPERTY\nNEGOTIATORS - [Government Code § 54956.8]: (2\ncases)\nA. Property Address/Description: APN 430-481-02,\n430-481-03, 430-481-04, 430-481-05 Agency:\nCity of Tustin City Negotiators: Nicole Bernard,\nActing City Manager and Ryan Swiontek Acting\nEconomic Development Deputy Director\nNegotiating Parties: Irvine Company Under\nNegotiation: Price and Terms of Payment\nB. Property Address/Description: APN 430-391-03,\n27-29, 56, 58, 60-65, 79-81 Agency: City of\nTustin City Negotiators: Nicole Bernard, Acting\nCity Manager and Ryan Swiontek Acting\nEconomic Development Deputy Director\nNegotiating Parties: Brookfield Homes\nSouthern California LLC, Lennar Homes of\nCalifornia, LLC, New Home Company Southern\nCalifornia Under Negotiation: Price and Terms\nof Payment

7. LABOR NEGOTIATIONS - [Government Code §\n54957.6]: Agency Negotiators: Derick Yasuda,\nDirector of Human Resources Employee\nOrganization: Tustin Municipal Employees\nAssociation (TMEA) Employee Organization: Tustin\nPolice Officers Association-Management Unit\n(TPMA) Employee Organization: Tustin Police\nOfficers Association-Officer Unit (TPOA) Employee\nOrganization: Tustin Police Support Services\nManagement Association (TPSSMA) Employee\nOrganization: Tustin Police Support Service\nAssociation (TPSSA) Employee Organization:\nUnrepresented Confidential Employees Employee\nOrganization: Unrepresented Supervisory\nEmployees Employee Organization: Unrepresented\nExecutive Management and Management\nEmployees

3. RATIFICATION OF PAYROLL AND DEMANDS The\nCity Council has approved the use of Government\nCode Section 37208 to expedite the payment of City\nof Tustin obligations that are in accordance with the\napproved budget or continued operations\nauthorizations.\nRecommendation: It is recommended that the City\nCouncil approve Payroll in the amount of\n$984,193.18 and Demands in the amount of\n$9,643,384.38.

4. FISCAL YEAR 2022-2023 AUDIT REPORTS The\nfinancial statement audit for the 2022-2023 fiscal\nyear has been completed by Davis Farr LLP, which\nreflects an "unmodified", or clean opinion that the\nCity’s financial statements for the fiscal year are\npresented fairly. Jennifer Farr, the audit partner from\nDavis Farr LLP discussed the results of the audit\nwith the Audit Commission on January 25, 2024.\nRecommendation: It is recommended that the City\nCouncil receive and file the fiscal year 2022-2023\naudit reports.

5. SECOND AMENDMENT TO COMMUNICATIONS\nSITE LICENSE AGREEMENT WITH NEW\nCINGULAR WIRELESS PCS, LLC (AT&T) FOR\nEXISTING WIRELESS FACILITIES AT TUSTIN\nSPORTS PARK (12850 ROBINSON DRIVE)\nSecond Amendment to Communications Site\nLicense Agreement between the City of Tustin and\nNew Cingular Wireless PCS, LLC (AT&T). The\nAmendment would allow New Cingular Wireless\nPCS, LLC to make additional improvements to an\nexisting communications site as described in Exhibit\n3-B of the attachment.\nRecommendation: It is recommended that the City\nCouncil take the following actions: 1. Approve the\nattached Second Amendment to Communications\nSite License Agreement with New Cingular Wireless\nPCS, LLC; and 2. Authorize the Acting City Manager\nto execute this Second Amendment.

6. NOTICE OF COMPLETION FOR THE LEGACY\nANNEX TENANT IMPROVEMENT PROJECT (CIP\nNo. 10087) Construction for the Legacy Annex\nTenant Improvement Project (CIP No. 10087) has\nbeen completed to the satisfaction of the City\nEngineer and is now ready for City Council\nacceptance.\nRecommendation: It is recommended that the City\nCouncil: 1. Adopt Resolution No. 24-12 accepting\nthe Legacy Annex Tenant Improvement Project (CIP\nNo. 10087); and 2. Authorize the City Engineer to\nexecute and file the Notice of Completion with the\nCounty Recorder's Office. RESOLUTION NO. 24-12\nA RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF TUSTIN, CALIFORNIA, ACCEPTING THE\nPUBLIC WORKS AND IMPROVEMENT AND\nAUTHORIZING THE RECORDATION OF THE\nNOTICE OF COMPLETION FOR THE LEGACY\nANNEX TENANT IMPROVEMENT PROJECT (CIP\nNO. 10087)

7. ADOPT RESOLUTION NO. 24-10 TO ACCEPT\nIMPROVEMENTS FOR THE FISCAL YEAR 2022-\n2023 ROADWAY REHABILITATION AND\nSIDEWALK REPAIR PROJECT - ZONE 4, CIP NO.\n70022 AND AUTHORIZE THE CITY ENGINEER TO\nFILE A NOTICE OF COMPLETION Construction of\nthe Fiscal Year 2022-2023 Roadway Rehabilitation\nand Sidewalk Repair Project - Zone 4 (CIP No.\n70022), has been completed to the satisfaction of\nthe City Engineer and is now ready for City Council\nacceptance.\nRecommendation: It is recommended that the City\nCouncil take the following actions: 1. Adopt\nResolution No. 24-10 accepting the construction of\nthe Fiscal Year 2022-2023 Roadway Rehabilitation\nand Sidewalk Repair Project - Zone 4 (CIP No.\n70022); and 2. Authorize the City Engineer to\nexecute and file the Notice of Completion with the\nOrange County Recorder's Office. RESOLUTION\nNO. 24-10 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ACCEPTING THE PUBLIC WORKS\nAND IMPROVEMENT AND AUTHORIZING THE\nRECORDATION OF THE NOTICE OF\nCOMPLETION FOR THE FY 2022-23 ROADWAY\nREHABILITATION AND SIDEWALK REPAIR\nPROJECT - ZONE 4 (CIP NO. 70022)

8. ADOPT RESOLUTION NO. 24-09 TO ACCEPT\nIMPROVEMENTS FOR THE JOINT PROJECT\nWITH THE COUNTY OF ORANGE FOR\nROADWAY MAINTENANCE WITHIN SHARED\nBOUNDARY AREAS - NORTHWEST TUSTIN, CIP\nNO. 70022 AND AUTHORIZE THE CITY\nENGINEER TO FILE A NOTICE OF COMPLETION\nConstruction of the joint project with the County of\nOrange and City of Tustin for street maintenance\nlocated at shared boundaries on Newport Avenue,\nWarren Avenue and 17th/Prospect has been\ncompleted to the satisfaction of the City Engineer\nand is now ready for City Council acceptance. The\njoint project is part of the County of Orange Public\nWork’s Annual Major Maintenance Project titled\nNorthwest Tustin (South of 17th Street) with\nNewport Avenue, JOC 2022-23, and is consistent\nwith the County’s Job Order Contract (JOC) Master\nAgreement for Pavement Maintenance. Orange\nCounty Public Works has taken the lead for the\nproject and the joint work was aligned and\ncoordinated with the annual maintenance plans for\nboth jurisdictions.\nRecommendation: It is recommended that the City\nCouncil take the following actions: 1. Adopt\nResolution No. 24-09 accepting the construction of\nthe Joint Project with the County of Orange and City\nof Tustin street maintenance within shared boundary\nareas (Northwest Tustin - Newport Ave, Warren Ave,\nand 17th/Prospect), CIP NO. 70022; and 2.\nAuthorize the City Engineer to execute and file the\nNotice of Completion with the Orange County\nRecorder's Office. RESOLUTION NO. 24-09 A\nRESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF TUSTIN, CALIFORNIA, ACCEPTING THE\nPUBLIC WORKS AND IMPROVEMENT AND\nAUTHORIZING THE RECORDATION OF THE\nNOTICE OF COMPLETION FOR THE JOINT\nPROJECT WITH THE COUNTY OF ORANGE AND\nCITY OF TUSTIN STREET MAINTENANCE\nWITHIN SHARED BOUNDARY AREAS\n(NORTHWEST TUSTIN - NEWPORT AVE,\nWARREN AVE AND 17TH/PROSPECT) (CIP\n70022)

9. APPROVE PLANS AND SPECIFICATIONS AND\nAUTHORIZE ADVERTISEMENT FOR BIDS FOR\nTHE BARK BARRACKS AT TUSTIN LEGACY\nPARK CIP NO. 20091 The plans and specifications\nfor the Bark Barracks at Tustin Legacy Park (CIP\nNo. 20091) have been substantially completed,\npending final approval by the City Engineer.\nRecommendation: It is recommended that the City\nCouncil: 1. Appropriate $390,000 from the Land\nSale Proceeds Fund (Fund 189); 2. Adopt\nResolution No. 24-15, approving the plans and\nspecifications for the Bark Barracks at Tustin\nLegacy Park project (CIP No. 20091); and 3.\nAuthorize the City Clerk to advertise to receive bids,\nsubject to final approval by the City Engineer.\nRESOLUTION NO. 24-15 A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, APPROVING PLANS AND\nSPECIFICATIONS FOR THE BARK BARRACKS AT\nTUSTIN LEGACY PARK (CIP No. 20091) AND\nAUTHORIZING ADVERTISEMENT FOR BIDS