Tustin — 2025-08-05

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 LABOR NEGOTIATOR [Cal. Gov’t Code section\n54957.6.] Agency designated representative: Mayor Austin Lumbard\nUnrepresented employee: City Manager

10.\nCITY COUNCIL CONSIDERATION AND APPROVAL TO RELEASE A\nCOMPETITIVE OFFERING FOR APPROXIMATELY 24 ACRES OF CITYOWNED REAL PROPERTY WITHIN NEIGHBORHOOD D OF THE\nTUSTIN LEGACY SPECIFIC PLAN Staff is requesting City Council\nconsideration and approval to release a competitive offering for\napproximately 24 acres of City-owned real property within Neighborhood\nD (Planning Areas 13-14) of the Tustin Legacy Specific Plan pursuant to\nthe City Council Resolution 25-10.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Authorize staff to release a competitive offering for\napproximately 24 acres of City-owned real property within Neighborhood\nD (Planning Areas 13-14) of the Tustin Legacy Specific Plan pursuant to\nCity Council Resolution 25-10; and 2. Authorize the City Manager to\ncontinue and/or enter into temporary leases and licenses prior to final\ndisposition. Fiscal Impact: There is no fiscal impact associated with this\nitem.

11.\n2025 PUBLIC HEALTH GOAL REPORT The California Health and Safety\nCode requires public water systems serving more than 10,000 service\nconnections to prepare a Public Health Goal report every three years and\nconduct a public hearing to provide information to consumers on water\nquality. For the 2022-2024 reporting period, the City’s drinking water\nquality complied with all state and federal drinking water standards.\nRecommendation: It is recommended that the City Council: 1. Conduct a\npublic hearing to receive comments and input related to the 2025 Public\nHealth Goal Report; and 2. Approve the 2025 Public Health Goal Report\nat the conclusion of the public hearing. Fiscal Impact: Sufficient funds\nwere appropriated in the Water Enterprise Operating Budget to complete\nthis report.

12.\nINTRODUCTION AND APPROVAL OF ORDINANCE NO. 1570\nAPPROVING TUSTIN POLICE DEPARTMENT POLICY 706 – MILITARY\nEQUIPMENT USE POLICY Assembly Bill 481 requires the Tustin Police\nDepartment to seek City Council approval by ordinance for the funding,\nacquisition, and use of equipment defined by the law as “military\nequipment.” This report outlines staff’s work in complying with the new law\nand recommends the introduction of an ordinance approving the\nDepartment’s continued utilization of this equipment and a policy\ngoverning the Department’s use of the equipment outlined in Tustin Police\nDepartment Policy 706 – Military Equipment Use Policy.\nRecommendation: Introduce Ordinance No. 1570 (Attachment 1)\napproving Tustin Police Department Policy 706 – Military Use Equipment\nPolicy, in compliance with Assembly Bill 481 by reading of the title only\nand waive further reading. ORDINANCE NO. 1570 AN UNCODIFIED\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ADOPTING AND APPROVING TUSTIN POLICE\nDEPARTMENT POLICY 706, MILITARY EQUIPMENT POLICY, IN\nCOMPLIANCE WITH CALIFORNIA ASSEMBLY BILL 481 (AB 481) Fiscal\nImpact: The estimated annual cost for the use and maintenance of military\nequipment in the Tustin Police Department’s current inventory, as well as\nany military equipment anticipated for acquisition in the upcoming year, is\noutlined within Policy 706 under each specific equipment category.\nFunding for existing equipment has already been appropriated as part of\nthe current adopted budget. Any future acquisition of new military\nequipment will be evaluated and incorporated into subsequent annual\nbudgets for City Council review and consideration.

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 $1,141,422.62 and $1,265,562.61 and Demands\nin the amount of $13,791,083.93.

4.\nRESOLUTION 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,\nOctober 15, 2024, December 3, 2024, January 21, 2025, March 18, 2025,\nMay 6, 2025, and June 17, 2025, the City Council reviewed and\ndetermined the need to continue the local emergency. This item\nrecommends that the City Council once again review and determine that\nthe need exists to continue the local emergency, as required by State law.\nRecommendation: It is recommended that the City Council adopt\nResolution 25-57 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 25-57 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.

5.\nAPPROVE CONSULTANT SERVICES AGREEMENT FOR STORM\nDRAIN MASTER PLAN Staff is recommending the City Council approve a\nConsultant Services Agreement with Rick Engineering Company to\nprepare a Storm Drain Master Plan for the City of Tustin. The agreement\nwill enable the City to evaluate the current condition and capacity of the\nstorm drain infrastructure, identify system deficiencies, and develop a\nprioritized, fundable Capital Improvement Program.\nRecommendation: It is recommended that the City Council: 1. Approve the\nConsultant Services Agreement with Rick Engineering Company to\nprepare a Storm Drain Master Plan and authorize the City Manager to\nexecute the Agreement on behalf of the City; and 2. Authorize the City\nManager to approve an amendment to the agreement of up to ten percent\n(10%) of the negotiated fee, to address any unforeseen change in the\nscope of work that is determined necessary to complete the planning\nprocess. Fiscal Impact: The Fiscal Year 2025-2026 Capital Improvement\nProgram Budget has allocated $500,000 from Gas Tax (Fund 130) for this\nproject. The proposed Consultant Services Agreement (Attachment 1)\nwith Rick Engineering Company includes a not-to-exceed total\ncompensation amount of $449,700.00, unless the City Manager amends\nthe agreement in accordance with Recommendation 2 above. As such,\nsufficient funds exist for the recommended actions.

6.\nAPPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE\nADVERTISEMENT FOR BIDS FOR THE ARMSTRONG AVENUE\nPEDESTRIAN BRIDGE AND TUSTIN LEGACY NEIGHBORHOOD D\nSOUTH PHASE 2 - PACKAGE 2 PROJECTS The plans and\nspecifications for the Armstrong Avenue Pedestrian Bridge Project and the\nNeighborhood D South Phase 2 - Package 2 Project have been\ncompleted, and the projects are now ready for bid. Staff recommends that\nboth projects be bid together as one package to improve economies of\nscale with overlapping trades and assist with the overall project schedule\nand coordination. Construction is anticipated to begin in January 2026,\nwith completion estimated in Spring 2027.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 25-55 approving the plans and specifications for the\nArmstrong Avenue Pedestrian Bridge Project and the Neighborhood D\nSouth Phase 2 - Package 2 Project; and 2. Authorize the City Clerk to\nadvertise to receive bids. RESOLUTION NO. 25-55 A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\nAPPROVING PLANS AND SPECIFICATIONS FOR THE ARMSTRONG\nAVENUE PEDESTRIAN BRIDGE PROJECT, CIP NO. 70257 AND THE\nNEIGHBORHOOD D SOUTH PHASE 2 - PACKAGE 2 PROJECT, CIP\nNO. 70256 AND AUTHORIZING ADVERTISEMENT FOR BIDS Fiscal\nImpact: The engineer's estimates for the Armstrong Avenue Pedestrian\nBridge and Neighborhood D South Phase 2 - Package 2 projects are\n$6,200,000 and $3,000,000, respectively. The approved Fiscal Year 20252027 Budget includes funding in the amount of $6,253,700 for the\nArmstrong Avenue Pedestrian Bridge Project and $3,085,000 for the\nNeighborhood D South Phase 2 - Package 2 Project. As the bids are\nreceived and verified, staff will bring back a recommendation to award a\ncontract.

7.\nACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION\nFOR THE SOUTH HANGAR VINYL FENCE PROJECT Construction of\nthe South Hangar Vinyl Fence Project has been completed to the\nsatisfaction of the City Engineer and is now ready for City Council\nacceptance.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 25-56 accepting the improvement of the South Hangar\nVinyl Fence Project, Capital Improvement Project No. 10076; and 2.\nAuthorize the City Engineer to execute and file the Notice of Completion\nwith the Orange County Recorder's Office. RESOLUTION NO. 25-56 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ACCEPTING THE PUBLIC WORKS AND IMPROVEMENT\nAND AUTHORIZING THE RECORDATION OF THE NOTICE OF\nCOMPLETION FOR THE SOUTH HANGAR VINYL FENCE PROJECT,\n(CIP NO. 10076) Fiscal Impact: The authorized contract amount was\n$1,428,376.00. The final construction costs are $1,417,465.55, reflecting\na reduction in scope and the incorporation of project change orders. The\nscope reduction primarily involved the elimination of a portion of the razor\nwire as the project alignment moved closer to the hangar. The approved\nchange orders included the addition of improvements along one side of\nMoffett Drive, the provision of attic stock, and modifications to the gates\nfor entry points.

8.\nQUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND\nTHE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY\nREDEVELOPMENT AGENCY FOR THE QUARTER ENDED JUNE 30,\n2025 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: There is no fiscal\nimpact associated with this item.

9.\nAPPROVAL OF MICROSOFT ENTERPRISE AGREEMENT RENEWAL\n2025-2028 The City currently has a Microsoft Enterprise Agreement for\norganization-wide licensing of Microsoft solutions such as Office 365,\nAzure (a cloud computing platform for application and service\nmanagement), Windows operating system, and other Microsoft\napplications. The current agreement expires in August 2025. Staff\nrecommends that the agreement be renewed for a three-year term\nthrough August 2028.\nRecommendation: It is recommended that the City Council authorize the\nCity Manager or designee to execute the three-year agreement at the\nstated amount with up to 10% contingency through SoftChoice\nCorporation, a Microsoft Licensing Solutions Provider.Fiscal Impact: The\nannual cost of the Microsoft Enterprise Agreement is $207,000. Sufficient\nbudget has been appropriated in the Fiscal Year 2025-2026 Information\nTechnology Fund to support year one of the agreement. Costs for\nsubsequent years will be incorporated in future budget for the City\nCouncil's consideration.