Tustin — 2025-03-04

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (2 cases)

10. CONSULTANT SERVICES AGREEMENT WITH JPW\nCOMMUNICATIONS FOR TUSTIN LEGACY OUTREACH AND\nCOMMUNICATIONS SERVICES Staff is requesting approval to enter into\na Consultant Services Agreement with JPW Communications to develop\nand implement an outreach and communications strategy for Tustin\nLegacy.\nRecommendation: It is recommended that the City Council authorize the\nCity Manager or designee to execute a Consultant Services Agreement\nwith JPW Communications, subject to non-substantive additions or\nmodifications as may be deemed necessary and/or recommended by the\nCity Attorney.Fiscal Impact: The proposed compensation for the proposed\nConsultant Services Agreement with JPW Communications is not to\nexceed $250,000. Sufficient funds have been appropriated in the Fiscal\nYear 2024-2025 amended budget.

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] (2 cases)\nA. Property Address/Description: APN 430-481-12 Agency: City of\nTustin City Negotiators: Aldo E. Schindler, City Manager; Nicole\n2/28/25, 2:01 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-6:00 pm\nBernard, Assistant City Manager; Brian Moncrief, Deputy City\nManager/Real Property; Ryan Swiontek, Deputy Director of Real\nProperty; Kenneth Piguee, Real Property Manager Negotiating\nParties: Matthew Derrick, Vice President Development, CD-MS\n(Tustin) LLC Under Negotiation: Price and Terms of Payment\nB. Property Address/Description: APN: 430-272-04, 430-272-12, 430-\n272-14, 430-272-24, 430-272-27, 430-272-28 Agency: City of Tustin\nCity Negotiators: Aldo E. Schindler, City Manager; Nicole Bernard,\nAssistant City Manager; Brian Moncrief, Deputy City Manager/Real\nProperty; Ryan Swiontek, Deputy Director of Real Property; Kenneth\nPiguee, Real Property Manager Negotiating Parties: Topgolf\nInternational Under Negotiation: Price and Terms of Payment

5. LABOR NEGOTIATIONS - [Government Code § 54957.6]: Agency\nNegotiators: Derick Yasuda, Director of Human Resources and Peter\nBrown, Liebert Cassidy Whitmore Employee Organization:: Tustin Police\nOfficers Association (TPOA) Employee Organization:: Tustin Police\nManagement Association (TPMA)

6. ORDINANCE TO UPDATE THE TUSTIN CITY CODE REGARDING\nCOMMISSION APPOINTMENT PROCESS Since the City established the\noffice of the Mayor as an elective office, California law provides that the\nMayor, with the approval of the city council, shall make all appointments to\nboards, commissions, and committees unless otherwise specifically\nprovided by statute. Proposed Ordinance 1563 would conform the\nprovisions in the Tustin City Code regarding appointments to the City\ncommissions to the requirements of State law.\nRecommendation: 1. That the City Council conduct first reading, by title\nonly, of Ordinance 1563 entitled An Ordinance of the City Council of the\nCity of Tustin to Update the Commission Appointment Process in the\nTustin City Code, in the form attached as Exhibit 2; and 2. Direct staff to\nschedule Ordinance 1563 for adoption at the next regular meeting of the\nCity Council Fiscal Impact: There is no fiscal impact associated with this\nitem.

7. 2025 COMMISSION APPOINTMENTS City Council approval is required\nfor the Mayor’s 2025 Commission appointments.\nRecommendation: 1. Approve the following appointments by the Mayor:\nAudit Commission: • John Wende (second four-year term) • Michael\nZwissler (first four-year term) Community Service Commission: • Greg\nLeFever (first four-year term) • Lori Shimomura (first four-year term) •\nLaseanda Wesson (second four-year term) Planning Commission: • Eric\nHiguchi (second four-year term) • Stephen "Rusty" Kozak (first four-year\n2/28/25, 2:01 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-6:00 pm\nterm) • David Mello (second four-year term 2. Direct the City Clerk to\nsolicit applications for the remaining vacancies on the Building Board of\nAppeals. Fiscal Impact: There is no fiscal impact associated with this item.

8. CITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A\nCOMPETITIVE OFFERING FOR PLANNING AREA 10 OF THE PACIFIC\nCENTER EAST SPECIFIC PLAN COMPRISED OF 11 ACRES OF CITY-\nOWNED REAL PROPERTY Staff is requesting City Council consideration\nand approval to release a competitive offering for Planning Area 10 of the\nPacific Center East Specific Plan comprised of 11 acres of City-owned\nreal property pursuant to the procedures recently approved by the City\nCouncil in Resolution 25-10.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Authorize staff to release a competitive offering for\nPlanning Area 10 of the Pacific Center East Specific Plan comprised of 11\nacres of City-owned real property pursuant to the procedures recently\napproved by the City Council in Resolution 25-10; and 2. Authorize the\nCity Manager to continue and/or enter into temporary leases and licenses\nprior to final disposition. Fiscal Impact: There is no fiscal impact\nassociated with this item.

9. 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 an\nadditional 270 days.\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 270 days in accordance with\nSection 4.2 of the Exclusive Negotiating Agreement, as amended. 2.\nAuthorize the City Manager to execute an amendment to the Exclusive\nNegotiating Agreement reflecting the 270-day extension request submitted\nby CD-MS (Tustin) LLC subject to non-substantive additions or\nmodifications as may be deemed necessary and/or recommended by the\nCity's special real estate counsel or the City Attorney prior to the end of\nthe Exclusive Negotiating Agreement Negotiating Period. Fiscal Impact:\nPursuant to the terms of the Exclusive Negotiating Agreement, all\nExclusive Negotiating Agreement extensions requiring City Council\napproval require a $100,000 non-refundable deposit. Pursuant to the\nExclusive Negotiating Agreement, the City retains this deposit if the\nDisposition and Development Agreement is not executed, or if the\nDisposition and Development Agreement is executed but close of escrow\ndoes not occur. If the Disposition and Development Agreement is\nexecuted and close of escrow occurs, the deposit (without interest\naccrued) is applicable to the purchase price. Prior Exclusive Negotiating\nAgreement extension deposits have been waived; however, CD-MS\n (Tustin) LLC has committed to providing the required extension deposit for\nthis Exclusive Negotiating Agreement extension request. CD-MS (Tustin)\nLLC also has a deposit account with the City that will continue to fund the\nCity transaction expenses incurred by staff and third-party consultants\nincluding the retention of legal counsel associated with the negotiation\nand drafting of the Transaction Documents.