Tustin — 2024-03-05

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. 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

5. LABOR NEGOTIATIONS - [Government Code §\n54957.6]: Agency Negotiators: Derick Yasuda,\nDirector of Human Resources Employee\nOrganization: Tustin Municipal Employees\nAssociation Employee Organization: Tustin Police\nOfficers Association-Management Unit Employee\nOrganization: Tustin Police Officers Association-\nOfficer Unit Employee Organization: Tustin Police\nSupport Services Management Association\nEmployee Organization: Tustin Police Support\nService Association Employee Organization:\nUnrepresented Confidential Employees Employee\nOrganization: Unrepresented Supervisory\nEmployees Employee Organization: Unrepresented\nExecutive Management and Management\nEmployees Employee Organization: Unrepresented\nPart-Time Employees

6. THREAT TO PUBLIC SERVICES OR FACILITIES\n(Government Code § 54957): Consultation with\nPolice Chief

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$1,027,600.77 and Demands in the amount of\n$11,548,445.19.

4. RESOLUTION DETERMINING THE NEED TO\nCONTINUE THE PROCLAIMED LOCAL\nEMERGENCY RELATED TO THE NAVY NORTH\nHANGAR At its meeting on November 10, 2023, the\nCity Council ratified the Acting City Manager’s\nProclamation of Local Emergency related to the fire\nat the Navy’s North Hangar and release of\nchemicals of public health concern, including\nasbestos. At a special meeting of the City Council\non January 9, 2024, the Council reviewed and\ndetermined the need to continue the local\nemergency. This item recommends that the City\nCouncil once again review and determine that the\nneed exists to continue the local emergency, as\nrequired by State law.\nRecommendation: It is recommended that the City\nCouncil adopt the attached Resolution 24-20\ndetermining the need exists to continue the local\nemergency related to the fire and release of\nchemicals of public health concern, including\nasbestos, from the Navy’s North Hangar.\nRESOLUTION 24-20 A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, DETERMINING THE NEED TO\nCONTINUE LOCAL EMERGENCY RELATED TO\nFIRE AND RELEASE OF HAZARDOUS\nMATERIALS FROM NAVY NORTH HANGAR

5. 2023 GENERAL PLAN ANNUAL REPORT AND\nANNUAL MITIGATION MONITORING STATUS\nREPORT FOR FEIS/EIR FOR TUSTIN LEGACY\nSPECIFIC PLAN The California Government Code\nrequires that the Planning Commission provide an\nannual progress report to the City Council on the\nstatus of the City’s General Plan and the progress in\nits implementation, including the progress in\nmeeting our share of regional housing needs and\nefforts to remove governmental constraints to\nhousing development, maintenance, and\nimprovement. In addition, the City Council certified\nthe Program Final Environmental Impact\nStatement/Environmental Impact Report (FEIS/EIR)\nfor the Disposal and Reuse of MCAS Tustin along\nwith its Supplemental and Addendums. The\nFEIS/EIR evaluated the environmental impacts of\nthe reuse and disposal of MCAS-Tustin, which\nincluded the adoption of a Mitigation Monitoring and\nReporting Program (MMRP) pursuant to CEQA\nGuidelines Section 15097. The MMRP requires\nannual review to ensure compliance with required\nmitigations. On February 27, 2024, the Planning\nCommission reviewed the General Plan Annual\nReport and the Tustin Legacy Annual Mitigation\nMonitoring Status Report and authorized staff to\nforward the reports to the City Council. With Council\nauthorization, staff will forward the General Plan\nAnnual Report to the California Department of\nHousing and Community Development (HCD) and\nOffice of Planning and Research (OPR) in fulfillment\nof the State’s requirement, and receive and file the\nTustin Legacy Annual Mitigation Monitoring Status\nReport.\nRecommendation: That the City Council: Authorize\nstaff to forward the General Plan Annual Report to\nthe State OPR and HCD; and Receive and file the\nTustin Legacy Annual Mitigation Monitoring Status\nReport and authorize staff to submit a subsequent\nreport when considerable and significant activities\noccur.

6. REQUEST TO INCREASE REVENUE BUDGET\nAND APPROPRIATION BASED ON THE THIRD\nAMENDMENT TO THE COOPERATIVE\nAGREEMENT WITH THE NAVY AS RELATED TO\nTHE NORTH HANGAR FIRE INCIDENT The City\nexpects to enter into a third amendment to the\nCooperative Agreement with the U.S. Department of\nthe Navy (Navy) to implement an emergency\nresponse related to the North Hangar Fire Incident.\nStaff is requesting the City Council’s approval to\nincrease revenue budget and related appropriation\nby the Navy’s reimbursement amount specified in\nthe third amendment. The City expects the third\namendment will increase the reimbursement\namount pledged by the Navy by approximately $13\nmillion – for a current not to exceed total of\napproximately $24 million. The City expects the\nbalance of costs, currently estimated at more than\n$50 million, the City is incurring on the Navy’s behalf\nto be pledged for reimbursement by the Navy in\nsubsequent amendments.\nRecommendation: It is recommended that the City\nCouncil increase revenue budget and related\nappropriation by the Navy’s reimbursement amount\noutlined in the third amendment to the Cooperative\nAgreement.

7. SECOND READING AND ADOPTION OF\nORDINANCE NO. 1540 (CODE AMENDMENT (CA)\n2024-0001 - CANNABIS BUSINESSES AND\nACTIVITY) Adoption of Ordinance No. 1540 amends\nTustin City Code (TCC) Sections 3141, 3152, 9270,\nand 9297 pertaining to the regulation of cannabis\nbusinesses and activity within the City. Proposed\nCA 2024-0001 would update the TCC to ensure that\nit is not inconsistent with the Medicinal Cannabis\nPatients’ Right of Access Act, that became effective\non January 1, 2024.\nRecommendation: That the City Council have\nsecond reading by title only and adoption of\nOrdinance No. 1540. ORDINANCE NO. 1540 AN\nORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF TUSTIN, CALIFORNIA, AMENDING\nTUSTIN CITY CODE SECTIONS 3141, 3152, 9270,\nAND 9297 TO UPDATE THE CITY'S BUSINESS\nAND LAND USE REGULATIONS PERTAINING TO\nCANNABIS BUSINESSES (CODE AMENDMENT\n2024-0001)

8. AWARD OF CONTRACT FOR THE\nCONSTRUCTION OF CENTENNIAL PARK\nIMPROVEMENTS PROJECT, CIP NO. 20090 Staff\nis requesting the City Council award a construction\ncontract to the lowest responsive/responsible bidder\nfor the Centennial Park Improvements Project, CIP\nNo. 20090.\nRecommendation: It is recommended that the City\nCouncil: 1. Award the construction contract to\nElegant Construction, Inc., the lowest\nresponsive/responsible bidder, in the amount of\n$4,683,474.71, and authorize the Mayor and the\nCity Clerk to execute the contract documents on\nbehalf of the City; and 2. Appropriate $450,000 from\nthe Land Sale Proceeds Fund (Fund 189).

9. AWARD CONTRACT FOR THE ANNUAL\nROADWAY REHABILITATION AND SIDEWALK\nREPAIR PROJECT - ZONE 5, CIP NO. 70023 Staff\nis requesting the City Council award a construction\ncontract to the lowest responsive/responsible bidder\nfor the Annual Roadway Rehabilitation and Sidewalk\nRepair Project for Zone 5, CIP No. 70023.\nRecommendation: It is recommended that the City\nCouncil: 1. Award a construction contract to the\nlowest responsive/responsible bidder, Onyx Paving\nCompany, Inc. in the amount of $3,869,000 for the\nAnnual Roadway Rehabilitation and Sidewalk\nRepair Project - Zone 5, CIP No. 70023 and\nauthorize the Mayor and the City Clerk to execute\nthe contract documents on behalf of the City; and 2.\nAppropriate $2,800,000 from the Gas Tax Fund\n(Fund 130) and $1,600,000 from the Road\nMaintenance and Rehabilitation Allocation Fund\n(Fund 140).