Tustin — 2024-08-20

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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\npursuant to Government Code § 54956.9(a): (4 cases)\nA. Porio v. City of Tustin, USDC SD Cal. Case No. 8:22-cv-00812-CJC-\nADSx\n8/16/24, 4:55 PM Regular Meeting of the City Council/Special Closed Session-4:30 pm/Regular Meeting-7:00 pm\nB. Mejia/De Garay v. Tustin, USDC CD Cal. Case No. 8:24-cv-0073\nMRA ADS\nC. Hernandez v. City of Tustin, OCSC Case No. 30-2022-01270219-\nCU-PO-NJC\nD. Aqueous Film-Forming Foams Products Liability Litigation (City of\nCamden et al. v. Tyco Fire Products LP), USDC SC, MDL No. 2:18-\nmn-2873

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Government\nCode § 54956.8: (4 cases)\nA. Property Address/Description: APN 430-481-02, 430-481-03, 430-\n481-04, 430-481-05 Agency: City of Tustin City Negotiators: Aldo E.\nSchindler, City Manager; Nicole Bernard, Assistant City Manager;\nRyan Swiontek, Acting Deputy Director of Economic Development;\nKenneth Piguee, Senior Management Analyst; and Jerry Craig,\nDeputy Director of Economic Development Negotiating Parties:\nIrvine Company Under Negotiation: Price and Terms of Payment\nB. Property Address/Description: APN 430-481-12 Agency: City of\nTustin City Negotiators: Aldo E. Schindler, City Manager; Nicole\nBernard, Assistant City Manager; Ryan Swiontek, Acting Deputy\nDirector of Economic Development and Kenneth Piguee, Senior\nManagement Analyst Negotiating Parties: Matthew Derrick, Vice\nPresident Development, CD-MS (Tustin) LLC Under Negotiation:\nPrice and Terms of Payment\nC. Property Address/Description: 430-272-04, 430-272-12, 430-272-14,\n430-272-24, 430-272-27, 430-272-28, 430-461-11 Agency: City of\nTustin City Negotiators: Aldo E. Schindler, City Manager; Nicole\nBernard, Assistant City Manager; Ryan Swiontek, Acting Deputy\nDirector of Economic Development; Kenneth Piguee, Senior\nManagement Analyst; and Jerry Craig, Deputy Director of Economic\nDevelopment Negotiating Parties: Topgolf International Under\nNegotiation: Price and Terms of Payment\nD. Property Address/Description: 430-481-13, 430-481-14, 430-481-15\nAgency: City of Tustin City Negotiators: Aldo E. Schindler, City\nManager; Nicole Bernard, Assistant City Manager; Ryan Swiontek,\nActing Deputy Director of Economic Development and Kenneth\nPiguee, Senior Management Analyst Negotiating Parties Mariners\nChurch Under Negotiation: Price and Terms of Payment

1. DEVELOPMENT UPDATES FROM FORMER MARINE CORPS AIR\n STATION TUSTIN PROPERTY RECIPIENTS On October 17, 2023,\n Mayor Pro Tem (then Council Member) Gallagher (co-signed by Council\n Member Gomez) requested the City Council’s consideration to convene a\n Local Reuse Authority meeting to receive development activity updates\n from the public/non-profit entities responsible for development at former\n Marine Corps Air Station Tustin. On November 7, 2023, the entire City\n Council directed staff to schedule this meeting in 2024. Accordingly,\n presentations will be provided by the public/non-profit entities responsible\n for development at former Marine Corps Air Station Tustin and discussion\n by the City Council acting as the Federally recognized Local Reuse\n Authority for former Marine Corps Air Station Tustin.\n\n Recommendation: It is recommended that the City Council, acting as the\n Local Reuse Authority for former Marine Corps Air Station Tustin, take the\n following actions: 1. Receive presentations from entities responsible for\n development at former Marine Corps Air Station Tustin 2. Direct staff on\n communicating information provided during the presentations 3. Direct\n staff on the desire for future meetings of the Local Reuse Authority or\n other meeting formats Fiscal Impact: There is no fiscal impact associated\n with this item.

10. ADOPT RESOLUTION NO. 24-54 TO ACCEPT IMPROVEMENTS FOR\nTHE RED HILL AVENUE PAVEMENT REHABILITATION PROJECT\nBETWEEN SAN JUAN STREET AND MELVIN WAY, CAPITAL\nIMPROVEMENT PROJECT NO. 70220, AND AUTHORIZE THE CITY\nENGINEER TO FILE A NOTICE OF COMPLETION Construction of the\nRed Hill Avenue Pavement Rehabilitation Project between San Juan\nStreet and Melvin Way, Capital Improvement Project No. 70220, has been\ncompleted to the satisfaction of the City Engineer and is now ready for\nCity Council acceptance.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Adopt Resolution No. 24-54 accepting the\nconstruction of the Red Hill Avenue Pavement Rehabilitation Project\nbetween San Juan Street and Melvin Way, Capital Improvement Project\nNo. 70220; and 2. Authorize the City Engineer to execute and file the\nNotice of Completion with the Orange County Recorder's Office.\nRESOLUTION NO. 24-54 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC\nWORKS AND IMPROVEMENT AND AUTHORIZING THE\nRECORDATION OF THE NOTICE OF COMPLETION FOR THE RED\nHILL AVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN\nJUAN STREET AND MELVIN WAY (CIP NO. 70220) Fiscal Impact:\n$1,700,000 was budgeted and appropriated in the Capital Improvement\nProgram using Senate Bill 1 funds (Fund 140) with additional Assembly\nBill 2766 Motor Vehicle Subvention funds (Fund 133) for the pedestrian\ncrossing signal component of the project. Final construction costs for Red\nHill Avenue Pavement Rehabilitation Project, Capital Improvement Project\nNo. 70220, including change order work is $1,661,082.

11. AWARD OF CONTRACT FOR THE JOHN LYTTLE RESERVOIR\nIMPROVEMENTS - CAPITAL IMPROVEMENT PROJECT NO. 60148\nJohn Lyttle Reservoir is the sole water storage tank in Zone 3 of the City’s\nwater system, providing 150,000 gallons of emergency water storage. A\nsite assessment and corrosion evaluation were performed in November\n2023. Details of this evaluation found moderate to severe corrosion on the\ninterior and exterior surfaces and recommended several safety, health,\nand code improvements. Staff developed a project to recoat the interior\nand exterior tank and preform related work to address recommended\nimprovements to extend the useful life of the existing reservoir. The City\npublicly advertised and bid the project and received one bid from Unified\nField Services Corporation.\n8/16/24, 4:55 PM Regular Meeting of the City Council/Special Closed Session-4:30 pm/Regular Meeting-7:00 pm\nRecommendation: It is recommended that the City Council: 1. Award a\nconstruction contract in the amount of $758,088.92 for the John Lyttle\nReservoir Improvements Project to Unified Field Services Corporation as\nthe lowest responsive/responsible bidder and authorize the Mayor and\nCity Clerk to execute the contract documents on behalf of the City; and 2.\nApprove a supplemental appropriation in the amount of $338,168.92 from\nthe unappropriated reserves of the 2024 Water Bond Fund (Fund 307).\nFiscal Impact: Funding in the amount of $530,000 has been appropriated\nin the Fiscal Year 2024-25 budget in the 2024 Water Bond Fund (Fund\n307). To move forward with this agreement, staff is requesting a\nsupplemental appropriation of $338,168.92.

12. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE\nADVERTISEMENT FOR BIDS FOR THE SOUTH HANGAR VINYL\nFENCE PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 10076 The\nplans and specifications for the South Hangar Vinyl Fence Project Capital\nImprovement Project No. 10076 have been prepared and the project is\nnow ready for bid.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 24-56 approving the plans and specifications for the South\nHangar Vinyl Fence, Capital Improvement Project No. 10076; and 2.\nAuthorize the City Clerk to advertise to receive bids. RESOLUTION NO.\n24-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS\nFOR THE SOUTH HANGAR VINYL FENCE PROJECT, CIP NO. 10076\nAND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal Impact: The\nengineer's estimate for this project is $924,500. Sufficient funds have\nbeen budgeted within the South Hangar Rehabilitation Capital\nImprovement Project No. 10076 for the construction of this project.

13. AWARD OF CONTRACT FOR GRAFFITI ABATEMENT SERVICES The\nCity maintains an active graffiti removal program to provide prompt\nremoval of graffiti on public and private property within the City of Tustin.\nThe City currently contracts with Urban Graffiti Enterprises, Inc. for graffiti\nabatement services and the current contract is due to expire on\nSeptember 30, 2024. On June 4, 2024, the City Council authorized staff to\nadvertise a Request for Proposal (RFP) for the graffiti removal program.\nThe RFP was posted on the City’s official website and on OpenGov, a\nplatform for government-related contracts. Four proposals were received;\nhowever, only two are responsive, while the other two were incomplete\nand did not meet submission criteria. The four (4) proposals submitted\nwere: 1. Vested Solutions (non-responsive proposal) 2. G Buenos\nConstruction, Inc. (non-responsive proposal) 3. Superior Property\nServices, Inc. (lowest-cost responsive proposal) 4. Urban Graffiti\nEnterprises, Inc. (responsive proposal)\nRecommendation: That the City Council authorize the Community\nDevelopment Director to enter into a contract with Superior Property\n8/16/24, 4:55 PM Regular Meeting of the City Council/Special Closed Session-4:30 pm/Regular Meeting-7:00 pm\nServices, Inc. for the removal of graffiti from public and private property\neffective October 1, 2024, for a one (1) year contract with four (4) possible\none (1) year extensions from Fiscal Year 2024-2025 through Fiscal Year\n2029-2030. Fiscal Impact: Through Fiscal Year 2024-25, $184,000 has\nbeen appropriated for graffiti removal at a rate of $46 per incident from the\nGeneral Fund. If the City Council approves the recommended action, the\nproposal from Superior Property Services, Inc. has an average unit cost of\n$44 per incident with a yearly cost anticipated at approximately $173,625\nper year (a 6% decrease from the previous agreement). The proposed\ncontract is for one (1) year, beginning October 1, 2024, with the option to\nextend annually (contingent on satisfactory contractor performance) for a\ntotal of five (5) calendar years. Future funding allocations beyond FY\n2024-25 will be addressed through the annual City budget process.

14. APPROVAL OF MEMORANDUM OF UPDATED TERMS FOR THE\nTUSTIN COMMUNITY CENTER AT THE MARKET PLACE Approval of a\nMemorandum of Updated Terms between the City of Tustin and the Irvine\nCompany to update the rules, regulations, and reimbursed costs\nassociated with operating the Tustin Community Center at The Market\nPlace.\nRecommendation: Authorize the City Manager to execute a Memorandum\nof Updated Terms with the Irvine Company for the Tustin Community\nCenter at The Market Place. Fiscal Impact: The fiscal impact to the City of\nTustin associated with this item will be minimal as the increases in the\nreimbursed costs paid to the Irvine Company will continue to be offset,\nincluding overhead costs, by the current facility reservation fees for the\nremainder of the fiscal year. Further, the comprehensive schedule of fees\nwill be updated for the 2025/2026 Fiscal Year to reflect increases in the\nfacility reservation fees proportional to the increases reflected in the\nMemorandum of Updated Terms.

15. 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, June 18, 2024, and July 16, 2024, the Council\nreviewed and determined the need to continue the local emergency. This\nitem recommends that the City Council once again review and determine\nthat the need exists to continue the local emergency, as required by State\nlaw.\nRecommendation: It is recommended that the City Council adopt\nResolution 24-58 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 2. RESOLUTION 24-58 A RESOLUTION OF THE CITY\n8/16/24, 4:55 PM Regular Meeting of the City Council/Special Closed Session-4:30 pm/Regular Meeting-7:00 pm\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.

16. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND\nTHE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY\nREDEVELOPMENT AGENCY FOR THE QUARTER ENDED JUNE 30,\n2024 Government Code Section 53646 requires that the Treasurer make\nan Investment Report to the City Council at least quarterly showing\nbalances by authorized investment and certifying its compliance with the\nadopted Investment Policy.\nRecommendation: Receive and file. Fiscal Impact: No fiscal impact to\nreceive and file the report.

17. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public\nAffairs have prepared a summary of state legislative activity.\nRecommendation: 1. Receive and file legislative updates prepared by\nTownsend Public Affairs 2. Receive and file the updated legislative matrix\nas of August 6 Fiscal Impact: There is no fiscal impact associated with this\nitem.

18. CONTINUANCE REQUEST FOR FIRST AMENDMENT TO\nDEVELOPMENT AGREEMENT 2022-0002 - THE JESSUP AT 17802 -\n17842 IRVINE BOULEVARD Development Agreement 2022-0002 is an\nagreement between the City of Tustin and Tustin 40 Development LLC. for\nthe "The Jessup" residential project. The proposed amendment is a\nrequest to eliminate the owner’s requirement to pay for the Voluntary\nWorkforce Housing Incentive Program In-Lieu Fee in conjunction with the\nproject. On July 9, 2024, the Planning Commission held a public hearing\non the proposed request and adopted Resolution No. 4492,\nrecommending that the City Council adopt Ordinance No. 1544 approving\nthe first amendment to Development Agreement 2022-0002. Since the\nCity Council meeting of August 20, 2024, will focus on discussion related\nto local reuse authority, staff is requesting that the item be continued to\nthe next available City Council meeting.\nRecommendation: That the City Council continue the first amendment to\nDevelopment Agreement (DA) 2022-0002 to the September 17, 2024, City\nCouncil meeting. Fiscal Impact: There is no fiscal impact associated with\nthis item.

19. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE\nMANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the\nattached Resolution will update the Executive Management and\nManagement Salary Resolution to add a new classification of Deputy City\nManager - Real Property.\nRecommendation: Adopt Resolution No. 24-49 to update the Executive\nManagement and Management Salary Resolution. RESOLUTION NO. 24-\n49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR\nUNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT\nEMPLOYEES, AND SUPERSEDING RESOLUTION 23-50 Fiscal Impact:\nThe annual salary range for Deputy City Manager - Real Property is\n$207,873 to $265,304; with benefits, the estimated annual cost to the City\nis approximately $260,000 to $330,000. The position is currently vacant\nand will not be filled until completion of the upcoming recruitment process.\nNo additional budget appropriation is required at this time due to cost\nsavings from various vacant positions.

4. 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 $1,009,908.41, $1,198,850.62, and\n$1,102,760.18 and Demands in the amount of $15,994,380.25.

5. SECOND READING AND ADOPTION OF ORDINANCE NO. 1545 -\nMILITARY USE EQUIPMENT POLICY Adoption of Ordinance No. 1545\napproves the Tustin Police Department’s General Order 708 - Military Use\nEquipment Policy, in compliance with Assembly Bill 481.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No. 1545. ORDINANCE NO. 1545 AN\nUNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE\nDEPARTMENT POLICY 708, MILITARY EQUIPMENT USE POLICY, IN\nCOMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) Fiscal\nImpact: There is no fiscal impact associated with this item.

6. RESOLUTION DECLARING ASSESSOR’S PARCEL NUMBERS 430-\n481-02, 430-481-03, 430-481-04 AND 430-481-05 AS EXEMPT\nSURPLUS LAND Resolution 24-59 will declare Assessor’s Parcel\nNumbers 430-481-02, 430-481-03, 430-481-04 and 430-481-05 as\nexempt surplus land pursuant to California Government Code Section\n54221(f)(1)(H) and the Final Updated Surplus Land Act Guidelines\nSection 103(c)(7)(C).\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Adopt Resolution 24-59: A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING\nCERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL\nNUMBERS 430-481-02, 430-481-03, 430-481-04 AND 430-481-05 AS\nEXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA\nGOVERNMENT CODE SECTION 54221(f)(1)(H) AND THE FINAL\nUPDATED SURPLUS LAND ACT GUIDELINES SECTION 103(c)(7)(C).\n2. Authorize the City Manager to submit the appropriate documentation to\nthe California Department of Housing and Community Development in\nconnection with the Resolution. Fiscal Impact: There is no fiscal impact\nassociated with this item.

7. RESOLUTION DECLARING ASSESSOR’S PARCEL NUMBERS 430-\n251-23 AND 430-251-37 AS SURPLUS LAND Resolution 24-48 will\ndeclare Assessor’s Parcel Numbers 430-251-23 and 430-251-37 as\nsurplus land pursuant to California Government Code Section 54221.\n8/16/24, 4:55 PM Regular Meeting of the City Council/Special Closed Session-4:30 pm/Regular Meeting-7:00 pm\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Adopt Resolution 24-48: A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING\nCERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL\nNUMBER 430-251-23 AND 430-251-37 AS SURPLUS LAND PURSUANT\nTO CALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize\nthe City Manager to circulate a Notice of Availability and submit the\nappropriate documentation to the California Department of Housing and\nCommunity Development in connection with the Resolution. Fiscal Impact:\nAdoption of Resolution 24-48 itself does not have a financial impact to the\nCity, however noticing and negotiating disposition of property as required\nunder the Surplus Land Act may have financial impacts to the City.

8. EXTENSION AND AMENDMENT OF EXCLUSIVE NEGOTIATING\nAGREEMENT WITH CD-MS (TUSTIN) LLC FOR A PORTION OF\nTUSTIN LEGACY DISPOSITION AREA 8B Request for approval of an\nextension of the Exclusive Negotiating Agreement with CD-MS (Tustin)\nLLC to continue the negotiating period for the disposition and\ndevelopment of a portion of Disposition Area 8B at Tustin Legacy for a\nsenior congregate care facility project for an additional 180 days and\nwaive any applicable extension deposits.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Approve an extension of the Exclusive Negotiating\nAgreement for an additional period of 90 days, with an option to grant an\nadditional 90-day extension at the discretion of the City Manager in\naccordance with Section 4.2.2 of the Exclusive Negotiating Agreement, as\nwell as waive the Exclusive Negotiating Agreementextension deposit for\nboth 90-day periods. 2. Authorize the City Manager to execute an\namendment to the Exclusive Negotiating Agreement reflecting the\nextension request submitted by CD-MS (Tustin) LLC subject to non-\nsubstantive additions or modifications as may be deemed necessary\nand/or recommended by the City's special real estate counsel or the City\nAttorney prior to the end of the Exclusive Negotiating Agreement\nNegotiating Period. Fiscal Impact: Pursuant to the terms of the Exclusive\nNegotiating Agreement, all Exclusive Negotiating Agreement extensions\nrequiring City Council approval require a $100,000 deposit that is\napplicable to the purchase price if close of escrow occurs. CD-MS (Tustin)\nLLC has requested that this extension deposit be waived due to their\nmonetary investment towards the project to date.

9. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT\nENTITLED "LAW ENFORCEMENT’S RESPONSE TO MENTAL HEALTH\nCALLS FOR SERVICE" On June 5, 2024, the Orange County Grand Jury\nissued its report titled "Law Enforcement’s Response to Mental Health\nCalls For Service" which scrutinized how effectively law enforcement\nagencies address individuals experiencing mental health crises. The\nreport requires the City to respond to five specific findings. In accordance\nwith California Penal Code sections 933.05(a) and (b), the City must\n8/16/24, 4:55 PM Regular Meeting of the City Council/Special Closed Session-4:30 pm/Regular Meeting-7:00 pm\nsubmit its response to the Presiding Judge of the Superior Court on or\nbefore September 3, 2024.\nRecommendation: It is recommended that the City Council review and\napprove the proposed response to the 2023-2024 Orange County Grand\nJury report titled "Law Enforcement's Response to Mental Health Calls for\nService" in the form attached as Attachment 2.Fiscal Impact: There is no\nfiscal impact associated with this item.