Tustin — 2024-10-15

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): (1 case)\nA. Martinez v City of Tustin, Case No. 30-2023-01338999-CU-PA-WJC\n10/11/24, 12:51 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Government\nCode § 54956.8: (1 case)\nA. Property Address/Description 430-272-04, 430-272-12, 430-272-14,\n430-272-24, 430-272-27, 430-272-28 Agency City of Tustin City\nNegotiators Aldo E. Schindler, City Manager; Nicole Bernard,\nAssistant City Manager; Ryan Swiontek, Deputy Director of Real\nProperty; Kenneth Piguee, Real Property Manager Negotiating\nParties Topgolf International Under Negotiation Price and Terms of\nPayment

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 $1,214,190.82 and Demands in the amount of\n$8,783,444.44.

4. 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, and August 20,\n2024, the Council reviewed and determined the need to continue the local\nemergency. This item recommends that the City Council once again\nreview and determine that the need exists to continue the local\nemergency, as required by State law.\nRecommendation: It is recommended that the City Council adopt\nResolution 24-74 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 24-74 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.

5. AWARD OF CONTRACT FOR THE SOUTH HANGAR SECURITY\nPROJECT Bids for the South Hangar Vinyl Fence Project – Project No.\n10076 to enhance security measures for the South Hangar, have been\nreceived and a construction contract is ready to be awarded to the lowest\nresponsive/responsible bidder, Dash Construction Company, Inc.\nRecommendation: It is recommended that the City Council award the\nconstruction contract to Dash Construction Company, Inc., the lowest\nresponsive/responsible bidder, in the amount of $1,428,376.00, and\nauthorize the Mayor and the City Clerk to execute the contract documents\non behalf of the City.Fiscal Impact: Sufficient funds have been budgeted in\nthe FY 2024-25 Capital Improvement Program budget for the South\nHangar Vinyl Fence Project – Project No. 10076. Project expenditures\ninclude: * Construction Contract - $1,428,376.00 * Construction\nContingency - $100,000.00 * Architectural Support Quality\n10/11/24, 12:51 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nAssurance/Quality Control - $2,000.00 * Deputy Inspection and Materials\nTesting - $5,000.00 * Estimated Expenditures - $1,535,376.00

6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1552 –\nAMENDING THE PURCHASING POLICY AND PROCEDURES Adoption\nof Ordinance No. 1552 amends the Purchasing Policy and Procedures as\noutlined in the Tustin City Code sections 1621-1630.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No. 1552. ORDINANCE NO. 1552 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN\nREPLACING AND SUPERSEDING ARTICLE 1, CHAPTER 6, PART 2 OF\nTHE TUSTIN CITY CODE REGARDING THE CITY PURCHASING\nSYSTEM Fiscal Impact: There is no fiscal impact associated with this\nitem.

7. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT –\nQUARTER ONE AND QUARTER TWO, 2024 This agenda report\ntransmits the John Wayne Airport Noise Abatement Quarterly Report for\nthe first and second quarters of 2024. The City of Tustin is within the John\nWayne Airport’s “Noise Impact Area” since it has the potential to be\nexposed to an average Community Noise Equivalent Level of more than\n65 decibels. Community Noise Equivalent Level is a weighted average of\nnoise levels over a 24-hour period, and is a measurement frequently used\nin regulating the impacts of airport noise on the surrounding community.\nThe average noise level measured at Tustin’s monitoring station, which is\nlocated at Columbus Tustin Middle School on Beneta Way (Figure 1),\nremained below the City, County, and State maximum criteria during the\nfirst and second quarter reporting periods.\nRecommendation: That the City Council receive and file this report.Fiscal\nImpact: There is no fiscal impact associated with this item.

8. HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT)\n320 W. MAIN STREET The Mills Act is a State program that provides\nproperty tax relief to owners of qualified historic properties who agree to\ncomply with preservation restrictions and maintain and preserve the\nproperty for a minimum of ten years. If approved by the City Council, the\nexecution of the attached Mills Act contract (Historic Property Preservation\nAgreement) for the preservation and rehabilitation of a qualified historic\nproperty located at 320 W. Main Street would provide the property owner\nwith some tax relief.\nRecommendation: That the City Council adopt Resolution No. 24-75\n(Attachment 1) authorizing the execution of the Historic Property\nPreservation Agreement (Exhibit A of Attachment 1) for the property\nlocated at 320 W. Main Street in the State’s Mills Act Program.\nRESOLUTION NO. 24-75 A RESOLUTION OF THE CITY COUNCIL OF\n10/11/24, 12:51 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nTHE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMUNITY\nDEVELOPMENT DEPARTMENT TO COORDINATE, PROCESS, AND\nEXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT\nATTACHED HERETO AS EXHIBIT A WITH THE OWNERS OF THE\nPROPERTY LOCATED AT 320 W. MAIN STREET, TUSTIN, CALIFORNIA\nFiscal Impact: The execution of the Historic Property Preservation\nAgreement would reduce the property owner’s property tax payment by\napproximately $9,058.00 annually and proportionately reduce the City’s\nshare of the property tax revenue for the property. Property tax revenue\nloss to the City would be minimal.

9. YEAR-END UPDATE FOR FISCAL YEAR 2023-2024 This report provides\nthe City Council with an update of the Fiscal Year 2023-2024 preliminary\noperating results based on actual year-end revenues and expenditures.\nGeneral Fund operating revenues are approximately $4.5 million higher\nthan the amended budget, whereas General Fund expenditures are\napproximately $2.2 million lower than the amended budget. The General\nFund reserves, excluding impact of the North Hangar Fire Incident, are\nexpected to be at $30 million as of June 30, 2024 (or 32% of the General\nFund’s operating expenditures). This reserve level exceeds the City\nCouncil’s target reserve policy of 20%.\nRecommendation: It is recommended that the City Council: 1. Receive\nand file this report; 2. Approve supplemental appropriations incurred to\noperate various City programs and services and related General Fund\ntransfers identified in this report; and 3. Approve appropriations for\ncarryover purchase orders identified in this report. Fiscal Impact: There\nare sufficient revenues or reserves in respective funds to fund the\nsupplemental appropriations, transfers, and carryover appropriations\nidentified in this report.