Tustin — 2024-06-04

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. LABOR NEGOTIATIONS - [Government Code §\n54957.6]: Agency Negotiators:: Derick Yasuda,\nDirector of Human Resources and Peter Brown,\nLiebert Cassidy Whitmore Employee Organization:\nTustin Municipal Employees Association (TMEA)\nEmployee Organization: Unrepresented Part-Time\nEmployees

5. CONFERENCE WITH REAL PROPERTY\nNEGOTIATORS - [Government Code § 54956.8]: (2\ncases)\nA. Property Address/Description: 430-272-04, 430-\n272-12, 430-272-14, 430-272-24, 430-272-27,\n430-272-28, 430-461-11 Agency: City of Tustin\nCity Negotiators: Nicole Bernard, Acting City\nManager and Ryan Swiontek, Acting Deputy\nDirector of Economic Development, Jerry Craig,\nDeputy Director of Economic Development,\nKenneth Piguee, Senior Management Analyst\nNegotiating Parties: Topgolf International Under\nNegotiation: Price and Terms of Payment\nB. Property Address/Description: 430-272-11, 430-\n272-13, 430-272-14, 430-272-23, 430-272-24,\n430-272-27 Agency: City of Tustin City\nNegotiators: Nicole Bernard, Acting City\nManager and Ryan Swiontek, Acting Deputy\nDirector of Economic Development, Jerry Craig,\nDeputy Director of Economic Development,\nKenneth Piguee, Senior Management Analyst\nNegotiating Parties: Sam’s West Inc. Under\nNegotiation: Price and Terms of Payment

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$984,759.70 and Demands in the amount of\n$5,394,144.39.

4. 2024 PUBLIC ART COMMISSION\nAPPOINTMENTS Council direction is needed to fill\ntwo vacancies on the Public Art Commission due to\nterm expirations.\nRecommendation: Staff recommends that the City\nCouncil appoint Janet Lomax and Scott McMillin to\nserve another four-year term. Fiscal Impact: There\nis no fiscal impact associated with this item.

5. 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, and at its regular meetings on\nMarch 5, 2024, and April 16. 2024. the Council\nreviewed and determined the need to continue the\nlocal emergency. This item recommends that the\nCity Council once again review and determine that\nthe need exists to continue the local emergency, as\nrequired by State law.\nRecommendation: It is recommended that the City\nCouncil adopt Resolution 24-39 determining the\nneed exists to continue the local emergency related\nto the fire and release of chemicals of public health\nconcern, including asbestos, from the Navy's North\nHangar, in the form attached hereto as Attachment\n4. Fiscal Impact: There is no direct impact from a\ndetermination that a local emergency continues to\nexist. However, the proclamation of emergency may\naid the City in qualifying for emergency assistance\nfrom Federal, State and local agencies in unknown\namounts.

6. ADOPT RESOLUTION NO. 24-32 APPROVING\nPROJECT LIST TO BE SUBMITTED TO THE\nCALIFORNIA TRANSPORTATION COMMISSION\nFOR SB1 FUNDING FOR FISCAL YEAR 2024/25\nIn order to be eligible to receive new funding under\nSenate Bill 1 (SB1), the City is required to submit a\nProject List to the California Transportation\nCommission (CTC) no later than July 1, 2024.\nRecommendation: Staff recommends the City\nCouncil: 1. Adopt Resolution No. 24-32 identifying\nprojects to be submitted to the California\nTransportation Commission for SB 1 funding; and 2.\nDirect staff to submit the Project List to the\nCalifornia Transportation Commission on behalf of\nthe City. RESOLUTION NO. 24-32 A RESOLUTION\nOF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, ADOPTING A LIST OF\nPROJECTS FOR FISCAL YEAR 2024-25 FUNDED\nBY SB 1: THE ROAD REPAIR AND\nACCOUNTABILITY ACT OF 2017 Fiscal Impact:\nSubmittal of the Project List to the CTC allows the\nCity to receive funding for maintenance,\nrehabilitation, and safety related roadway projects.\nThe current estimated revenue for Fiscal Year 2024-\n25 is approximately $2,057,600.

7. ANNUAL REPORT ON THE TUSTIN POLICE\nDEPARTMENT’S USE OF MILITARY EQUIPMENT\nPER CALIFORNIA ASSEMBLY BILL 481 Assembly\nBill (AB) 481 requires the Tustin Police Department\n("Department") to seek City Council approval by\nordinance for the funding, acquisition, and use of\nequipment defined by the law as "military\nequipment." This legislation also requires law\nenforcement agencies to submit to the City Council\nan annual report outlining a summary of the use of\nthe equipment and the purpose for its use, any\ncomplaints or concerns received concerning the\nmilitary equipment, results of any internal audits or\nviolations and any actions taken in response, the\ntotal annual costs for the equipment, the quantity\npossessed by the agency, and the intention to\npurchase additional equipment in the following year.\nIn addition, within 30 days of submitting and publicly\nreleasing the annual report, a well-publicized and\ncommunity engagement meeting must be held to\nallow for public comments. This report outlines\nstaff’s work in complying with the law and request\nfor continued utilization of the Department’s military\nequipment and approval of the Department’s military\nequipment policy under Tustin Police Department\nGeneral Order 708 - Military Equipment Use Policy.\nRecommendation: 1. To receive and file the annual\nreport on the Department's use of military\nequipment for calendar year 2023 (Attachment 1); 2.\nTo receive and file the proposed version of Tustin\nPolice Department General Order 708 - Military Use\nEquipment Policy (Attachment 2), 3. To direct the\nTustin Police Department to post Tustin Police\nDepartment General Order 708 (Attachment 2) on\nthe Department's website; 4. To direct the Tustin\nPolice Department to hold a well-publicized and\nconveniently located meeting to give the public an\nopportunity to discuss the annual military equipment\nreport; and 5. To direct staff to set the matter for a\npublic hearing regarding an ordinance to renew the\nTustin Police Department General Order 708 which\nis at least 30 days from today's date. Fiscal Impact:\nThe estimated annual cost for the use and\nmaintenance of the military equipment is detailed\nunder each specific category item outlined in Tustin\nPolice Department General Order 708 - Military Use\nEquipment Policy.

8. AUTHORIZATION TO ADVERTISE REQUEST FOR\nPROPOSALS FOR THE GRAFFITI REMOVAL\nPROGRAM The City’s contract with Urban Graffiti\nexpired in January 2024. To allow for a continued\ngraffiti removal service while the City processes a\nnew Request for Proposal, the City entered into an\ninterim contract agreement with Urban Graffiti which\nis to expire on July 27, 2024. Staff is seeking\nauthorization to advertise Request for Proposals to\ncontinue the City’s contract graffiti removal program.\nRecommendation: That the City Council authorize\nand direct the Community Development Director to\nadvertise Request for Proposals to continue the\nimplementation of the City's graffiti removal\nprogram. Fiscal Impact: Graffiti removal costs are\nbudgeted within the City's General Fund and shared\nbetween the Community Development and Public\nWorks Departments. It is anticipated that the Fiscal\nYear 2024-25 proposed budget will be sufficient to\naccommodate the cost of the new contract. The\nproposed contract is for one (1) year, with the option\nto extend annually (contingent on satisfactory\ncontractor performance) for a total of five (5)\ncalendar years, beginning July 28, 2024. Future\nfunding allocations beyond FY 2024-25 will be\naddressed through the annual City budget process.

9. LEGISLATIVE UPDATE Staff and the City’s\nconsultant Townsend Public Affairs (TPA) have\nprepared a summary of state legislative activity.\nRecommendation: 1. Take a SUPPORT position on\nAB 1779 (Irwin) Theft: jurisdiction 2. Take a\nSUPPORT position on AB 1794 (McCarty) Crimes:\nlarceny 3. Take a SUPPORT position on SB 905\n(Wiener) Unlawful entry of a vehicle 4. Take an\nOPPOSE UNLESS AMENDED position on SB 1037\n(Wiener) Planning and zoning: housing element:\nenforcement 5. Receive and file the updated\nlegislative matrix as of May 20 6. Receive and file\nlegislative updates prepared by TPA Fiscal Impact:\nThere is no fiscal impact associated with this item.