Tustin — 2023-02-07

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

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nInitiation of litigation pursuant to Government Code § 54956.9(d)(4): (1\ncase)

3. LIABILITY CLAIMS – Government Code § 54956.95: (1 case)\nA. Claim No. 22-47, Claim of Kyle Wong

4. LABOR NEGOTIATIONS - [Government Code § 54957.6] Agency\nNegotiators: Derick Yasuda, Director of Human Resources and Peter\nBrown, Liebert Cassidy Whitmore Employee Organization: Tustin Police\nSupport Services Management Association (TPSSMA) Employee\nOrganization: Tustin Police Support Service Association (TPSSA)\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1681 1/6\n2/3/23, 1:39 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1531\nAPPROVING ZONE CHANGE 2022-0001, AMENDING THE ZONING\nDESIGNATION FROM RETAIL COMMERCIAL DISTRICT (C1) WITH A\nPARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL (R3) TO\nACCOMMODATE THE CONSTRUCTION OF A 40-UNIT RESIDENTIAL\nCONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE BOULEVARD\nAdoption of Ordinance No. 1531 approves Zone Change 2022-0001 to\nchange the Zoning District of the subject property from Retail Commercial\nDistrict (C1) with a Parking Overlay (P) to Multi-Family Residential (R3) to\nfacilitate the development of forty (40), three-story residential units on\napproximately 2.07 acres located at 17802 and 17842 Irvine Blvd.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No. 1531. ORDINANCE NO. 1531 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA APPROVING ZONE CHANGE 2022-0001, AMENDING\nTHE ZONING DESIGNATION FROM RETAIL COMMERCIAL DISTRICT\n(C1) WITH A PARKING OVERLAY (P) TO MULTI-FAMILY RESIDENTIAL\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1681 4/6\n2/3/23, 1:39 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\n(R3) TO ACCOMMODATE THE CONSTRUCTION OF A 40-UNIT\nRESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND 17842 IRVINE\nBOULEVARD\nAGENDA ITEM

11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1532\nAPPROVING DEVELOPMENT AGREEMENT (DA) 2022-0002\nBETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL-1, LLC TO\nACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC\nBENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS\nFOR VERY-LOW INCOME HOUSEHOLDS, EQUITY SHARING, AND\nPAYMENT OF AN AFFORDABLE HOUSING IN-LIEU FEE AND FOR A\n40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND\n17842 IRVINE BOULEVARD Adoption of Ordinance No. 1532 approving\nDevelopment Agreement 2022-0002 to accept the voluntary provision of\ncommunity public benefits, by including two (2) affordable housing units\nfor very-low income households, equity sharing, payment of affordable\nhousing in-lieu fee.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No. 1532. ORDINANCE NO. 1532 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA APPROVING DEVELOPMENT AGREEMENT (DA) 2022-\n0002 BETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL-1,\nLLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY\nPUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING\nUNITS FOR VERY-LOW INCOME HOUSEHOLDS, EQUITY SHARING,\nAND PAYMENT OF AN AFFORDABLE HOUSING IN-LIEU FEE AND\nFOR A 40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802\nAND 17842 IRVINE BOULEVARD\nAGENDA ITEM

12. APPOINTMENT OF CITY TREASURER The City Council temporarily\nappointed the City Manager as City Treasurer until the Director of Finance\nposition was filled. Now that the City has a new Director of Finance, staff\nrecommends that the City Council appoint this individual as City\nTreasurer.\nRecommendation: Appoint new Director of Finance, Jennifer King, as the\nCity Treasurer, effective February 8, 2023.\nAGENDA ITEM\nREGULAR BUSINESS ITEMS 13-14

13. PUBLIC ART POLICY UPDATES AND PROPOSED ORDINANCE FOR\nPUBLIC ART COMMISSION The Public Art Policy has been reviewed and\nstaff is recommending updates, as well as the proposed Ordinance 1534\nwhich, if adopted, would establish the Public Art Commission as an\nadvisory body to City Council in relation to implementation of the updated\nPublic Art Policy.\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1681 5/6\n2/3/23, 1:39 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nRecommendation: It is recommended that the City Council: 1. Approve\nupdates to the Public Art Policy. 2. Conduct first reading by title only of\nOrdinance No. 1534 amending the Tustin City Code by adding Part 8 to\nChapter 5 of Article 1 of the Tustin City Code to establish the Public Art\nCommission. 3. Appoint the sitting Public Art Committee members to the\nPublic Art Commission to serve out the remainder of their terms.\nORDINANCE NO. 1534 AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA ADDING PART 8 TO CHAPTER 5\nOF ARTICLE 1 OF THE TUSTIN CITY CODE RELATED TO THE\nESTABLISHMENT OF A PUBLIC ART COMMISSION\nAGENDA ITEM

14. LEGISLATIVE UPDATE Recap of 2022 Legislative activities by the City’s\nadvocacy consultant Townsend Public Affairs (TPA), consideration of 2023\nLegislative Platform and updates on legislative activity at the state and\nfederal level.\nRecommendation: 1. Receive presentation on 2022 Legislative recap by\nTPA 2. Adopt 2023 Legislative Platform 3. Receive and file legislative\nupdate prepared by TPA\nAGENDA ITEM\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS

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 $936,173.21 and Demands in the amount of\n$7,907,285.91.\nAGENDA ITEM

4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF\nTELECONFERENCING FOR MEETINGS In order for the Council to\ncontinue to have the option to meet via teleconference during the\npandemic, AB 361 requires the Council to make specified findings at least\nevery thirty (30) days.\nRecommendation: Make the following findings by majority vote of the\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1681 2/6\n2/3/23, 1:39 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nCouncil: A. A state of emergency has been proclaimed by California's\nGovernor due to the COVID-19 pandemic and continues in effect; and B.\nThe Council has reconsidered the circumstances of the state of\nemergency; and C. Local health officials continue to recommend\nmeasures to promote social distancing.\nAGENDA ITEM

5. TUSTIN LEGACY DISPOSITION PARCEL 6B CERTIFICATE OF\nCOMPLIANCE AND TERMINATION OF PUBLIC ACCESS COVENANT\nAND DECLARATION OF EASEMENT Request for authorization to\nexecute the Certificate of Compliance (Certificate) and the Termination of\nPublic Access Covenant and Declaration of Easement (Termination) for\nTustin Legacy Disposition Parcel 6B (Levity at Tustin Legacy).\nRecommendation: Authorize the City Manager to execute the Certificate\nand Termination, subject to any non-substantive modifications as may be\ndeemed necessary and/or recommended by the City's special real estate\ncounsel or the City Attorney.\nAGENDA ITEM

6. ADOPTION OF THE 2023 INVESTMENT POLICY The City’s Investment\nPolicy is reviewed on an annual basis for submission and approval by the\nCity Council. The Audit Commission reviewed the proposed changes to\nthe Investment Policy at the December 15, 2022 and January 12, 2023\nmeetings and recommends that the City Council adopt the Investment\nPolicy for Calendar Year 2023.\nRecommendation: It is recommended that the City Council adopt the\nCity's Investment Policy for Calendar Year 2023, which includes proposed\nchanges to the Investment Policy that continues to provide for safety and\nliquidity while achieving a reasonable rate of return.\nAGENDA ITEM

7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE\nADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY\nREHABILITATION AND SIDEWALK REPAIR PROJECT ~ ZONE 4, CIP\nNO. 70022 The plans and specifications for the Annual Roadway\nRehabilitation and Sidewalk Repair Project for Zone 4 (CIP No. 70022)\nhave been prepared and the project is now ready for bid.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-06 approving the plans and specifications for the\nAnnual Roadway Rehabilitation and Sidewalk Repair Project ~ Zone 4,\n(CIP No. 70022), and authorize the City Clerk to advertise to receive bids;\nand 2. Appropriate $2,600,000 from the Measure M2 Fund (Fund139) and\n$865,000 from the Gas Tax Fund (Fund130) for sidewalk and roadway\nrepairs and $1,700,000 from the General Fund - Capital Improvement\nProgram (Fund 200) for roadway repairs to meet the City's Measure M2\nMaintenance of Effort (MOE) obligation. RESOLUTION NO. 23-06 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1681 3/6\n2/3/23, 1:39 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nANNUAL ROADWAY REHABILITATION AND SIDEWALK REPAIR\nPROJECT - ZONE 4, CIP NO. 70022 AND AUTHORIZING\nADVERTISEMENT FOR BIDS\nAGENDA ITEM

8. ADOPT RESOLUTION NO. 23-05 ORDERING THE PREPARATION OF\nTHE ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND\nLIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL\nYEAR 2023-2024 State law requires an engineering analysis each year to\nidentify property benefits and to levy assessments in the Tustin\nLandscape and Lighting District. Resolution No. 23-05 orders the\npreparation of the Engineer’s Report for the Tustin Landscape and\nLighting District Levy of Annual Assessments for Fiscal Year 2023-2024.\nRESOLUTION NO. 23-05 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION\nOF AN ENGINEER’S REPORT FOR THE TUSTIN LANDSCAPE AND\nLIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL\nYEAR 2023-2024\nAGENDA ITEM

9. APPROVE ATTACHMENT AGREEMENT WITH SOUTHERN\nCALIFORNIA GAS COMPANY The Southern California Gas Company\n(Gas Company) has been deploying advanced metering technology\nthroughout their service area. As part of this deployment, the Gas\nCompany is requesting authorization to attach a metering device to a City\nowned street light pole.\nRecommendation: It is recommended that the City Council approve the\nAttachment Agreement with the Southern California Gas Company and\nauthorize the Mayor and City Clerk to execute the agreement on behalf of\nthe City.\nAGENDA ITEM