Tustin — 2024-07-16

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. LABOR NEGOTIATIONS – [Government Code § 54957.6]: Agency\nNegotiators: Derick Yasuda, Director of Human Resources and Peter\nBrown, Liebert Cassidy Whitmore Employee Organization: Tustin\nMunicipal Employees Association (TMEA) Employee Organization: Tustin\nPolice Officers Association–Management Unit (TPMA) Employee\nOrganization: Tustin Police Officers Association–Officer Unit (TPOA)\nEmployee Organization: Tustin Police Support Services Management\nAssociation (TPSSMA) Employee Organization: Tustin Police Support\nService Association (TPSSA) Employee Organization: Unrepresented\nConfidential Employees Employee Organization: Unrepresented\n7/12/24, 1:26 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nSupervisory Employees Employee Organization: Unrepresented\nExecutive Management and Management Employees Employee\nOrganization: Unrepresented Part-Time Employees

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –\nSignificant exposure to litigation pursuant to Government Code § 54956.9(d)(2):\n(1 case) – related to the fire at the North Hangar owned by the Navy and the\nrelease of hazardous materials therefrom

5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to\nGovernment Code § 54956.9(a): (1 case)\nA. Socorro Mateus v. City of Tustin - Case Number 30-2023-01353322-CU-\nPP-CJC

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Government Code\n§ 54956.8\nA. Property Address/Description APN 430-283-10, 430-283-22, 430-283-23,\n430-283-29, 430-283-30, 430-283-32, 430-283-35, 430-283-37 Agency\nCity of Tustin City Negotiators Jerry Craig, Deputy Director of Economic\nDevelopment, and Kenneth Piguee, Senior Management Analyst\nNegotiating Parties South Orange County Community College District\nUnder Negotiation Price and Terms of Payment

10. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED\n“TALKING TRASH: RECYCLABLES AND ORGANIC WASTE” Response\nto the June 11, 2024, Orange County Grand Jury Report entitled “Talking\nTrash: Recyclables and Organic Waste”.\nRecommendation: It is recommended that the City Council approve the\nattached response to the Orange County Grand Jury, authorize the Mayor\nto sign the letter on behalf of the City Council, and direct the City Clerk to\nsubmit the response.Fiscal Impact: There is no fiscal impact associated\nwith this item.

11. INTRODUCTION AND APPROVAL OF ORDINANCE NO. 1545\nAPPROVING TUSTIN POLICE DEPARTMENT GENERAL ORDER 708 -\nMILITARY EQUIPMENT USE POLICY Assembly Bill (AB) 481 requires\nthe Tustin Police Department (“Department”) to seek City Council\napproval by ordinance for the funding, acquisition, and use of equipment\ndefined by the law as “military equipment.” This report outlines staff’s work\nin complying with the new law and recommends the introduction of an\nordinance approving the Department’s continued utilization of this\nequipment and a policy governing the Department’s use of the equipment\noutlined in Tustin Police Department General Order 708 – Military\nEquipment Use Policy.\nRecommendation: Introduce Ordinance No. 1545 (Attachment 1)\napproving Tustin Police Department General Order 708 – Military Use\nEquipment Policy, in compliance with AB 481 by reading of the title only\nand waive further reading. ORDINANCE NO. 1545 AN UNCODIFIED\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE\nDEPARTMENT POLICY 708, MILITARY EQUIPMENT USE POLICY, IN\nCOMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) Fiscal\nImpact: No significant fiscal impacts are anticipated other than additional\nstaff time to prepare and present future items in compliance with AB 481.

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\nPayroll in the amount of $1,060,032.12 and $996,145.48 and Demands in\nthe amount of $5,659,173.48.

4. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public\nAffairs have prepared a summary of state legislative activity.\nRecommendation: 1. Take an OPPOSE UNLESS AMENDED position on\nAssembly Bill (AB) 2557 (Ortega) Local agencies: contracts for special\nservices and temporary help 2. Receive and file the updated legislative\nmatrix as of July 1 3. Receive and file legislative updates prepared by\nTownsend Public Affairs Fiscal Impact: There is no fiscal impact\nassociated with this item.

5. AUDIT COMMISSION APPOINTMENT Council direction is needed to fill\n(1) one vacancy on the Audit Commission.\nRecommendation: That the City Council appoint Lillyan Chandler to the\nAudit Commission as recommended by Mayor Lumbard and Council\nMember Clark.Fiscal Impact: There is no fiscal impact associated with this\nitem.

6. RESOLUTION DETERMINING THE NEED TO CONTINUE THE\nPROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH\nHANGAR At its meeting on November 10, 2023, the City Council ratified\nthe Acting City Manager’s Proclamation of Local Emergency related to the\nfire at the Navy’s North Hangar and release of chemicals of public health\nconcern, including asbestos. At a special meeting of the City Council on\nJanuary 9, 2024, and at its regular meetings on March 5, 2024, April 16.\n2024, June 4, 2024, and June 18, 2024, the Council reviewed and\ndetermined the need to continue the local emergency. This item\nrecommends that the City Council once again review and determine that\nthe need exists to continue the local emergency, as required by State law.\nRecommendation: It is recommended that the City Council adopt\nResolution 24-50 determining the need exists to continue the local\nemergency related to the fire and release of chemicals of public health\nconcern from the Navy’s North Hangar, in the form attached hereto as\nAttachment 6. RESOLUTION 24-50 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE\nNEED TO CONTINUE LOCAL EMERGENCY RELATED TO FIRE AND\nRELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH\nHANGAR Fiscal Impact: There is no direct impact from a determination\nthat a local emergency continues to exist. However, the proclamation of\nemergency may aid the City in qualifying for emergency assistance from\nFederal, State and local agencies in unknown amounts.

7. AWARD OF CONTRACT FOR VANDENBERG WELL REHABILITATION\nPROJECT (CIP NO. 60177) Vandenberg Well is one of the City’s nine\nactive groundwater wells. Vandenberg Well was last rehabilitated in 2010\nand is due for rehabilitation. The City retains a list of three prequalified\nwell and pump contractors and requested proposals from each. Three\nproposals were received with General Pump Company as the lowest\nresponsible bidder.\nRecommendation: It is recommended that the City Council award a\nconstruction contract in the amount of $671,440 for the Vandenberg Well\nRehabilitation Project (CIP No. 60177) to General Pump Company as the\nlowest responsible bidder and authorize the Mayor and City Clerk to\nexecute the contract documents on behalf of the City.Fiscal Impact:\nSufficient funds have been appropriated in the Fiscal Year 2024-2025\nCapital Improvement Program for the rehabilitation of Vandenberg Well\nfrom the 2024 Water Bond Fund (Fund 307).

8. ADOPT RESOLUTION 24-51, AUTHORIZING THE CITY MANAGER, OR\nTHEIR DESIGNEE, TO EXECUTE ALL PERMANENT LOCAL HOUSING\nALLOCATION DOCUMENTS The Tustin Housing Authority is seeking City\nCouncil authorization for the City Manager, or their designee, to execute\nall Permanent Local Housing Allocation (PLHA) documents as required by\nthe State of California Department of Housing and Community\nDevelopment (HCD).\nRecommendation: It is recommended the City Council adopt City Council\nResolution 24-51, authorizing the City Manager, or their designee, to\nexecute all PLHA documents as required by HCD. RESOLUTION NO. 24-\n51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA AUTHORIZING THE CITY MANAGER, OR THEIR\nDESIGNEE, TO EXECUTE ALL REQUIRED PERMANENT LOCAL\nHOUSING ALLOCATION DOCUMENTS Fiscal Impact: In FY 2024-25, the\nCity will receive $330,525 in PLHA funds. The allocation will partially fund\nthe Tustin Temporary Emergency Shelter.

9. ADOPT RESOLUTION NO. 24-52 TO ACCEPT IMPROVEMENTS FOR\nTHE ALLEY GROVE PROMENADE PROJECT, CIP NO. 20084 AND\nAUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF\nCOMPLETION Construction of the Alley Grove Promenade Project in\nTustin Legacy (CIP No. 20084), has been completed to the satisfaction of\nthe City Engineer and is now ready for City Council acceptance.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Adopt Resolution No. 24-52 accepting the\nconstruction of the Alley Grove Promenade Project (CIP No. 20084); and\n2. Authorize the City Engineer to execute and file the Notice of Completion\nwith the Orange County Recorder's Office. RESOLUTION NO. 24-52 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT\nAND AUTHORIZING THE RECORDATION OF THE NOTICE OF\nCOMPLETION FOR THE ALLEY GROVE PROMENADE PROJECT (CIP\nNO. 20084) Fiscal Impact: The final construction cost for the Alley Grove\nPromenade Project (CIP No. 20084) is $3,149,175.44. Sufficient funds\nwere budgeted and appropriated in the Capital Improvement Program with\nadditional funds appropriated at time of contract award. The project is\nfunded through a combination of MCAS Backbone Infrastructure Fee\nFund (Fund 187) and Land Sale Proceeds Fund (Fund 189).