Tustin — 2025-07-15

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

2.\nCONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2\ncases)

3.\nCONFERENCE 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.\nLIABILITY CLAIM - [Government Code § 54956.95] Claimant: The Center\nfor Toxicology and Environmental Health, L.L.C Agency claimed against:\nCity of Tustin

5.\nCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\npursuant to Government Code § 54956.9(a): (1 case) Felix Gonzalez, et\nal. v. City of Tustin, et al., Case No. 30-2023-01352010-CU-PO-NJC

6.\nPUBLIC EMPLOYEE ANNUAL PERFORMANCE\n[Government Code § 54957(b)(1)] Title: City Manager\nEVALUATION\n-

10.\nSELECTION OF A REAL ESTATE BROKER FOR MARKETING AND\nSOLICITATION SERVICES FOR APPROXIMATELY 21 ACRES OF CITYOWNED PROPERTY WITHIN NEIGHBORHOOD E OF THE TUSTIN\nLEGACY SPECIFIC PLAN Request for selection of a real estate broker\nto provide marketing and solicitation services for approximately 21 acres\nof City-owned real property within Neighborhood E (Planning Areas 9-12)\nof the Tustin Legacy Specific Plan.\nRecommendation: Authorize the City Manager to negotiate and execute a\nListing Agreement with Cushman & Wakefield, subject to non-substantive\nadditions or modifications as may be deemed necessary and/or\nrecommended by the City Attorney. Fiscal Impact: There will be no impact\nto the General Fund given that commission to a commercial real estate\nbroker is paid at close of escrow on a land sale or execution of a ground\nlease. The City and Cushman & Wakefield have negotiated the following\ncommission: Land Sale: 3.0% of gross purchase price up to the first\n$10,000,000.00 2.0% of gross purchase price between $10,000,000.00 to\n$20,000,000.00 1.0% of gross purchase price exceeding $20,000,000.00\nGround Lease: 3.0% of the total lease payments for Years 1-10\n*Commission to be capped at first 10 years of ground lease payments.\nThe final compensation amount to be paid will depend on the success of a\nfuture conveyance. It is undetermined at this time whether conveyance\nwill occur under a sale or ground lease.

11.\nAPPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE\nADVERTISEMENT FOR BIDS FOR THE MAIN STREET AND OLD\nTOWN IMPROVEMENTS PROJECTS The plans and specifications for\nthe Main Street Improvements Project and the Old Town Improvements\nProject have been completed, and the projects are now ready for bid.\nConstruction is anticipated to begin in November 2025, with completion\nestimated in Summer 2026.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 25-15 approving the plans and specifications for the Main\nStreet Improvements Project and the Old Town Improvements Project and\nauthorize the City Clerk to advertise to receive bids. Fiscal Impact: The\nCity Council approved the Fiscal Year 2025-2026 Capital Improvement\nProgram on June 3, 2025, which includes funding in the amount of\n$7,000,000 for the Main Street Improvements Project and $3,993,741 for\nthe Old Town Improvements Project. The engineer’s estimates are\n$6,820,000 for the Main Street Improvements Project and $4,370,000 for\nthe Old Town Improvements Project. As the bids are received and verified,\nstaff will bring back a recommendation to award a contract, and if\nnecessary appropriate additional funding from Measure M2 and Gas Tax\nfunds to complete the projects.

3.\nRATIFICATION 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 $2,258,397.55 and Demands in the amount of\n$6,356,454.31.

4.\nORDER THE PREPARATION OF THE ENGINEER’S REPORT FOR THE\nTUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT\n2025 The Tustin Landscape and Lighting District provides funding for the\nmaintenance of perimeter landscaping on the arterial streets and for the\noperation and maintenance of street lighting on public roads within the\nTustin Ranch area. The current assessment revenue is no longer\nsufficient to cover the cost of maintaining the public infrastructure.\nResolution No. 25-54 orders the preparation of the Engineer’s Report for\nthe Tustin Landscape and Lighting Reassessment District 2025, which, if\nsupported, would become effective Fiscal Year 2026-2027.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 25-54 ordering the preparation of the Engineer’s Report for\nthe Tustin Landscape and Lighting Reassessment District 2025.\nRESOLUTION NO. 25-54 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA INITIATING PROCEEDINGS FOR\nTHE FORMATION OF THE TUSTIN LANDSCAPE AND LIGHTING\nREASSESSMENT DISTRICT 2025 Fiscal Impact: Sufficient funds are\nbudgeted and appropriated in the Tustin Landscape and Lighting District\nFund for this work. Additionally, the costs for operating and maintaining\nthe public infrastructure are offset through the levy of the annual\nassessments.

5.\nNOTICE OF COMPLETION FOR THE COUNCIL CHAMBER /\nCOMMUNITY CENTER ROOF REPLACEMENT PROJECT Construction\nfor the Council Chamber / Community Center Roof Replacement Project\nhas been completed to the satisfaction of the City Engineer and is now\nready for City Council acceptance.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 25-51 accepting the Council Chamber/Community Center\nRoof Replacement Project; and 2. Authorize the City Engineer to execute\nand file the Notice of Completion with the County Recorder's Office.\nRESOLUTION NO. 25-51 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE PUBLIC\nWORKS\nAND\nIMPROVEMENT\nAND\nAUTHORIZING\nTHE\nRECORDATION OF THE NOTICE OF COMPLETION FOR THE\nCOUNCIL CHAMBER/COMMUNITY CENTER ROOF REPLACEMENT\nPROJECT (CIP NO. 10032) Fiscal Impact: The authorized contract\namount was $786,786.00. The final construction costs are $763,147.00,\nincluding a reduction in materials and associated freight and project\nchange orders.

6.\nAWARD OF CONTRACT FOR THE CONSTRUCTION OF TUSTIN\nSPORTS PARK TURF RENOVATION FIELD #3 Staff is requesting City\nCouncil consent to the withdrawal of the bid of the lowest\nresponsive/responsible bidder; and award a construction contract to the\nnext lowest responsive/responsible bidder for the Tustin Sports Park Turf\nRenovation Field #3.\nRecommendation: It is recommended that the City Council: 1. Consent to\nthe withdrawal of the bid of the lowest responsive/responsible bidder,\nEmpire Design & Build; and 2. Award the construction contract to Elegant\nConstruction, Inc., the next lowest responsive/responsible bidder, in the\namount of $433,975.25, for the Tustin Sports Park Renovation Field #3\nproject and authorize the Mayor and the City Clerk to execute the contract\ndocuments on behalf of the City; and 3. Authorize the remaining project\nbudgeted appropriation in excess of ten percent (10%) above the contract\namount as additional contingency for potential unforeseen conditions.\nFiscal Impact: The FY 2025/2026 Capital Improvement Program budget\nincludes an appropriation of $664,079 allocated from the Park\nDevelopment Fund for the construction of the project. Project\nexpenditures\ninclude:\nConstruction\nContract...........................................................$433,975.25\nDeputy\nInspection and Materials Testing....................................$5,4675.00\nEstimated Expenditures......................................................$439,450.25

7.\nAPPROVE CROSS-CONNECTION CONTROL AGREEMENT WITH THE\nIRVINE RANCH WATER DISTRICT The Irvine Ranch Water District has\nprovided Cross-Connection Control services for the Tustin Water Services\nsince 1999. Recent changes to the statewide crossRecommendation: It is recommended that the City Council: 1. Approve the\nCross-Connection Control Agreement between Irvine Ranch Water District\nand the City of Tustin and authorize the Public Works Director to execute\nthe agreement on behalf of the City; and 2. Appropriate $70,000 from\nWater Enterprise Fund 300 for additional services as outlined in the\nagreement. connection standards require an updated agreement between\nthe City and Irvine Ranch Water District to comply with state regulations.\nFiscal Impact: Staff worked closely with the Irvine Ranch Water District in\ndeveloping the proposed Cross-Connection Control Agreement\n(Attachment No. 1) to comply with new statewide cross-connection\nstandards and reflect the level of service outlined in Tustin's CrossConnection Control Management Plan (Attachment No. 2).

8.\nAPPROVAL OF IT END USER SUPPORT SERVICES CONTRACT The\nCity’s IT Division is responsible for citywide Information Technology (IT)\nnetwork, devices, and end user (help desk) support services. The\nincreasing volume of end user support requests has required substantial\nattention from the IT team, diverting their focus from crucial infrastructure\nmanagement tasks. To address this challenge, an End User Support\nContract which provides dedicated services is recommended to manage\nand resolve these requests efficiently.\nRecommendation: It is recommended that the City Council authorize the\nCity Manager or designee to execute a contract with 360S2G and\nsubsequent amendments for up to 10% contingency when necessary for\nIT End User Support Services. Fiscal Impact: The annual cost of IT End\nUser Support Services is $210,000 for up to 2,100 service hours.\nSufficient budget has been appropriated in the Fiscal Year 2025-2026\nInformation Technology Fund. Contract cost for future years will be\nincorporated in future budget for the City Council's consideration.

9.\nRESOLUTION ESTABLISHING AN ALTERNATIVE LOCATION AND TIME\nFOR THE AUGUST 19, 2025, REGULAR MEETING OF THE CITY\nCOUNCIL The City Council plans to convene as the Federally-designated\nLocal Reuse Authority for the Former Marine Corps Air Station, Tustin on\nAugust 19, 2025. To encourage nearby residents, businesses and local\nagencies to participate and engage in that meeting, proposed Resolution\n25-42 would change the location and the times of the City Council’s\nmeeting on that day to the following location and times: Location:\nAssembly Conference Room at 1715 Flight Way, Tustin, CA Date:\nAugust 19, 2025 Time: Closed Session: 4:30 p.m. Open Session: 5:00\np.m.\nRecommendation: It is recommended that the City Council adopt attached\nResolution 25-42 entitled: A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AN\nALTERNATIVE LOCATION AND TIMES FOR THE AUGUST 19, 2025,\nREGULAR MEETING OF THE TUSTIN CITY COUNCIL, AND THE\nTUSTIN CITY COUNCIL ACTING AS THE FEDERALLY DESIGNATED\nLOCAL REUSE AUTHORITY FOR FORMER MARINE CORPS AIR\nSTATION TUSTIN. Fiscal Impact: There is no direct fiscal impact from\nchanging the location and time of the City Council's Regular Meeting on\nAugust 19, 2025.