Tustin — 2024-12-03

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 REAL PROPERTY NEGOTIATORS – Government\nCode § 54956.8: (1 case)\nA. Property Address/Description: APN 430-481-12 Agency: City of\nTustin City Negotiators: Aldo E. Schindler, City Manager; Nicole\n12/2/24, 1:11 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nBernard, Assistant City Manager; Ryan Swiontek, Deputy Director of\nReal Property; and Kenneth Piguee, Real Property Manager\nNegotiating Parties: CDS-MS (Tustin) Under Negotiation: Price and\nTerms of Payment

10. FISCAL YEAR 2023-2024 DEVELOPMENT IMPACT FEE REPORT\n(ASSEMBLY BILL 1600) The attached report is prepared to comply with\nCalifornia Government Code Section 66006, which requires an annual\ndisclosure and review of collected development impact fees and\nexpenditures within 180 days after the last day of the fiscal year.\nRecommendation: It’s recommended that the City Council receive and file\nthis report.Fiscal Impact: There is no direct fiscal impact associated with\nthis item.\nAgenda Report

11. CENTENNIAL PARK HANDBALL WALL PUBLIC ART PROJECT At their\nNovember 20, 2024, Regular Meeting, the Public Art Commission\nrecommended forwarding the design for the Centennial Park Handball\nWall Mural to the City Council for final approval.\nRecommendation: It is recommended that the City Council adopt\nResolution 24-85 approving the design for the Centennial Park Handball\nWall Mural, which was created via a public input process led by artist\nCarla Roque. RESOLUTION NO. 24-85 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE\nARTWORK AS RECOMMENDED BY THE PUBLIC ART COMMISSION\nAND AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO\nEXECUTE AN AGREEMENT WITH THE ARTIST Fiscal Impact: The artist\nwill be paid $10,000 upon completion of the wall mural, which leaves the\nbalance remaining in the Public Art Fund for the 2024-2025 Fiscal Year at\n$29,000.\nAgenda Report

12. AUTHORIZE USE OF THE OMNIA PARTNERS PURCHASING\nPROGRAM FOR COUNCIL CHAMBER/COMMUNITY CENTER ROOF\nREPLACEMENT Staff is requesting authorization to award the Council\nChamber/Community Center Roof Replacement Project, CIP No. 10032,\nthrough use of the OMNIA Partners Purchasing Program.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 24-84 authorizing the use of OMNIA Partners; Contract\n12/2/24, 1:11 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\n#PW1925 with Garland DBS, Inc. for the purchase, installation and\nwarranty in the amount of $786,786; and 2. Authorize the City Manager\nand the City Clerk to execute the contract documents on behalf of the\nCity. RESOLUTION NO. 24-84 A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING USE OF THE\nOMNIA PARTNERS PURCHASING PROGRAM TO PURCHASE\nCERTAIN ITEMS FOR THE COUNCIL CHAMBER/COMMUNITY\nCENTER ROOF REPLACEMENT PROJECT, CIP NO. 10032\nAgenda Report

13. APPROVE UTILITY AGREEMENT WITH ORANGE COUNTY\nTRANSPORTATION AUTHORITY Staff is requesting that the City Council\napprove Utility Agreement No. COT-56 with the Orange County\nTransportation Authority for the El Camino Real Water Main Relocation\nProject, Capital Improvement Program Project No. 60178.\nRecommendation: It is recommended that the City Council:1. Approve\nUtility Agreement No. COT-56 between the Orange County Transportation\nAuthority and the City of Tustin for the El Camino Real Water Main\nRelocation Project; and 2. Authorize the City Manager or his designee, the\nDirector of Public Works, and City Clerk to execute the agreement on\nbehalf of the City.\nAgenda Report

14. NOTICE OF COMPLETION FOR THE TUSTIN SPORTS PARK ROOF\nREPLACEMENT PROJECT Construction for the Tustin Sports Park Roof\nReplacement Project (Capital Improvement Project No. 20095), 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:1. Adopt\nResolution No. 24-80 accepting the Tustin Sports Park Roof Replacement\nProject; and 2. Authorize the City Engineer to execute and file the Notice\nof Completion with the County Recorder's Office.\nAgenda Report

15. DECLARING RESULTS OF THE NOVEMBER 5, 2024, GENERAL\nMUNICIPAL ELECTION On November 5, 2024, the City’s General\nMunicipal Election was held to elect one Council Member in each of the\nfollowing Districts: 1, 2 and 4 and to cast ballots regarding Measure II\n(revising the limitations on consecutive terms of the Mayor and members\nof the City Council).\nRecommendation: It is recommended the City Council:1. Adopt Resolution\nNo. 24-87 declaring the results and other such matters as provided by law\nfor the November 5, 2024, General Municipal Election; and 2. Adopt\nOrdinance No. 1559 implementing the voters' approval of Measure II.\nAgenda Report\nREGULAR BUSINESS ITEMS 16-17\n12/2/24, 1:11 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

16. MAYOR PRO TEM SELECTION The City Council selects a member of\nthe Council who will serve as Mayor Pro Tem for the following year.\nRecommendation: Pleasure of the City Council.\nAgenda Report

17. 2025 MAYORAL APPOINTMENTS TO COMMITTEES Annually the Mayor\nappoints those members of the City Council who will serve on various City\nand Regional committees.\nRecommendation: 1. Confirm the attached appointments as\nrecommended by the Mayor; and 2. Adopt FPPC Form 806: Agency\nReport of Public Official Appointments and direct staff to post on the City's\nwebsite

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 $1,088,262.02 and Demands in the amount of\n$3,193,343.34.\n12/2/24, 1:11 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nAgenda Report

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, July 16, 2024, August 20, 2024, and\nOctober 15, 2024, the Council reviewed and determined the need to\ncontinue the local emergency. This item recommends that the City Council\nonce again review 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 24-86 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 24-86 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.\nAgenda Report

5. ADOPTION OF THE 2025 INVESTMENT POLICY The City’s Investment\nPolicy is reviewed on an annual basis for submission and approval by the\nCity Council. On November 21, 2024, the Audit Commission reviewed the\ncurrent Investment Policy and found it to contain relevant provisions from\nthe California Government Code. Therefore, the Audit Commission\nrecommends that the City Council adopt the Investment Policy for\nCalendar Year 2025 with no changes.\nRecommendation: It is recommended that the City Council adopt the\nCity’s Investment Policy for Calendar Year 2025 with no changes.\nAdoption of the Investment Policy also delegates to the City Treasurer for\na period of one-year the authority to invest the funds of the City in\naccordance with the Investment Policy.Fiscal Impact: Consistent with\nState Law, the City’s primary investment objective is to invest in a manner\naimed to safeguard principal and maintain liquidity where the secondary\nobjective is to achieve a market rate of return. The Investment Policy for\nCalendar Year 2025 continues to provide for safety and liquidity of public\nfunds while earning a reasonable rate of return.\nAgenda Report

6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1548 –\nREVISING THE START TIME OF REGULAR MEETINGS OF THE CITY\n12/2/24, 1:11 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nCOUNCIL AND PLANNING COMMISSION Adoption of Ordinance No.\n1548 amends the Tustin City Code to change the start time of the City\nCouncil’s regular meetings to 4:30 p.m. for closed sessions during regular\nmeetings and 6:00 p.m. for open session regular meetings, and to revise\nthe start time for the Planning Commission’s regular meetings to 6:00 p.m.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No.1548. ORDINANCE NO. 1548 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN\nREPLACING AND SUPERSEDING TUSTIN CITY CODE SECTION 1301\nREGARDING REGULAR MEETINGS OF THE CITY COUNCIL, AND\nTUSTIN CITY CODE SECTION 1515 REGARDING REGULAR\nMEETINGS OF THE PLANNING COMMISSION Fiscal Impact: There is\nno fiscal impact associated with this item.\nAgenda Report

7. 2025 LOCAL APPOINTMENTS LIST Prior to December 31st of each year,\nthe Maddy Act requires municipal agencies to prepare and post a listing of\nall Commission/Board vacancies for the upcoming year.\nRecommendation: Approve the 2025 Local Appointments List for the\nPlanning Commission, Community Services Commission, Audit\nCommission, Building Board of Appeals and Public Art Commission and\npost notice as required by law.Fiscal Impact: There is no fiscal impact\nassociated with this item.\nAgenda Report

8. HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR 2023-\n2024 In accordance with Senate Bill 341’s amendments to Health &\nSafety Code Section 34176.1(f), the Tustin Housing Authority, serving as\nthe Housing Successor to the former Tustin Community Redevelopment\nAgency, has prepared an annual report for filing with the Tustin Housing\nAuthority Commission and the Tustin City Council.\nRecommendation: It is recommended the Tustin Housing Authority\nCommissioners take the following action: 1. Receive and file the Housing\nSuccessor Annual Report for Fiscal Year 2023-2024 and transmit such\nreport to the Tustin City Council. It is recommended the Tustin City\nCouncil take the following actions: 1. Receive and file the Housing\nSuccessor Annual Report for Fiscal Year 2023-2024. 2. Direct that a copy\nof the Housing Successor Annual Report be posted on the City of Tustin's\nwebsite at www.tustinca.org.\nAgenda Report

9. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The\nLocal Transportation Authority Ordinance No. 3 requires the City to adopt\nan annual expenditure report detailing Net Revenues, developer/traffic\nimpact fees, and City expenditures that meet the Maintenance of Effort\nrequirements. The Orange County Transportation Authority established\nthe Maintenance of Effort benchmark with the original passage of\nMeasure M. Under the MOE requirement, the City must spend local funds\n12/2/24, 1:11 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\non transportation-related projects each fiscal year to remain eligible to\nreceive Measure M2 Fairshare funds. For Fiscal Year 2023-24, the City’s\nrequired Maintenance of Effort expenditure is $1,938,025.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 24-83, adopting the Measure M2 Expenditure Report for\nFiscal Year 2023-2024 (attached), and direct staff to file the report with the\nOrange County Transportation Authority. RESOLUTION NO. 24-83 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, CONCERNING THE MEASURE M2 (M2) EXPENDITURE\nREPORT FOR THE CITY OF TUSTIN, CALIFORNIA Fiscal Impact: There\nis no fiscal impact associated with this agenda item.\nAgenda Report