Tustin — 2023-04-04

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED\nLITIGATION - Significant exposure to litigation pursuant to\nGovernment Code § 54956.9(d)(2): (2 cases)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED\nLITIGATION - Initiation of litigation pursuant to Government Code §\n54956.9(d)(4): (1 case)

3. LIABILITY CLAIMS - [Government Code § 54956.95]: (4 cases)\nA. Claim No. 22-27, Claim of Edgar Rescalvo\nB. Claim No. 22-45, Claim of Paoli & Purdy, PC obo Miguel\nMartinez\nC. Claim No. 23-03, Claim of Brandon Snook\nD. Claim No. 23-04, Claim of Mercury Insurance OBO: Brandon\nSnook

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS -\n[Government Code § 54956.8]: (1 case)\nA. Property Address/Description: APN 430-481-2, 430-481-3, 430-\n481-4, 430-481-5 Agency: City of Tustin City Negotiators:\nMatthew S. West, City Manager & Christopher Koster, Director\nof Economic Development Negotiating Parties: Mark Janda,\nSenior Vice President - Development, AvalonBay Communities\nInc. and Laura Regus, Senior Vice President, Abode\nCommunities Under Negotiation: Price and Terms of Payment

5. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION -\n[Government Code § 54957(b)(1)]\nA. Title: City Manager

3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has\napproved the use of Government Code Section 37208 to expedite\nthe payment of City of Tustin obligations that are in accordance with\nthe approved budget or continued operations authorizations.\nRecommendation: It is recommended that the City Council approve\nPayroll in the amount of $921,994.07 and $952,287.39 and\nDemands in the amount of $6,800,883.61.\nAGENDA REPORT

4. APPROVE AGREEMENT NO. MA-080-23010376 TO FUND TOTAL\nMAXIMUM DAILY LOAD PROGRAMS AND RELATED ACTIVITIES\nIN THE NEWPORT BAY WATERSHED Agreement MA-080-\n23010376 provides for the joint funding of the Nutrient, Fecal\nColiform, and Toxics studies in the Newport Bay Watershed\npursuant to provisions of Section 303(d) of the Federal Clean Water\nAct and the Total Maximum Daily Load (TMDL) as adopted by the\nSanta Ana Regional Water Quality Control Board and the United\nStates Environmental Protection Agency. Agreement MA-080-\n23010376 replaces the current Agreement MA-080-18011416 which\nis set to expire on June 30, 2023, and will remain effective through\nJune 30, 2028.\nRecommendation: It is recommended that the City Council approve\nAgreement MA-080-23010376, a Cooperative Agreement to Fund\nTotal Maximum Daily Loads Programs and Related Activities in the\nNewport Bay Watershed, and authorize the Mayor and City Clerk to\nexecute the document on behalf of the City.\nAGENDA REPORT

5. AWARD CONTRACT FOR THE ANNUAL ROADWAY\nREHABILITATION AND SIDEWALK REPAIR PROJECT - ZONE 4,\nCIP NO. 70022 Staff is requesting the City Council award a\nconstruction contract to the lowest responsive/responsible bidder for\nthe Annual Roadway Rehabilitation and Sidewalk Repair Project -\nZone 4, CIP No. 70022.\nRecommendation: It is recommended the City Council: 1. Award a\nconstruction contract to the lowest responsive/responsible bidder,\nOnyx Paving Company, Inc. in the amount of $4,748,000 for the\nAnnual Roadway Rehabilitation and Sidewalk Repair Project - Zone\n4, CIP No. 70022 and authorize the Mayor and the City Clerk to\nexecute the contract documents on behalf of the City; and 2.\nAuthorize the transfer of $179,000 within the Measure M2 Fund\n(Fund 139) from the Citywide Storm Drain Catch Basin Improvement\nProject, CIP No. 50043 to the Annual Roadway Rehabilitation and\nSidewalk Repair Project -Zone 4, CIP No. 70022 to fund the repair\nof six (6) concrete catch basin lids within the project boundary.\nAGENDA REPORT

6. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend\nPublic Affairs (TPA) have prepared a summary of state legislative\nactivity.\nRecommendation: 1. Take an OPPOSE UNLESS AMENDED\nposition on AB 480 (Ting) Surplus land 2. Take a SUPPORT position\non AB 1505 (Rodriguez) Seismic retrofitting: soft storymultifamily\nhousing 3. Take an OPPOSE UNLESS AMENDED position on SB\n34 (Umberg) Surplus landdisposal: violations: Orange County 4.\nTake a SUPPORT position on SB 44 (Umberg) Controlled\nsubstances 5. Take an OPPOSE UNLESS AMENDED position on\nSB 423 (Wiener) Streamlinedhousing approvals: multifamily housing\ndevelopments 6. Take a SUPPORT position on SB 747 (Caballero)\nLand use: economicdevelopment: surplus land 7. Receive and file\nthe updated legislative matrix as of March 24 8. Receive and file\nlegislative update prepared by TPA\nAGENDA REPORT

7. 2021-2022 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL\nREPORT AND 2023 HISTORIC AND CULTURAL RESOURCES\nADVISOR (HCRA) WORK PROGRAM This report provides the City\nCouncil with the required annual reports summarizing the\naccomplishments and actions taken by the Planning Commission,\nacting as the Historic and Cultural Resources Advisor, during the\n2022 calendar year; a Certified Local Government (CLG) Annual\nReport for the October 1, 2021 through September 30, 2022\nreporting period; and review of the HCRA’s 2023 annual work\nprogram.\nRecommendation: 1. That the City Council receive and file the 2021-\n2022 Certified Local Government (CLG) Annual Report and direct\nstaff to forward the Annual Report to the State Office of Historic\nPreservation (OHP). 2. That the City Council receive and file the\n2023 HCRA Work Program.\nAGENDA REPORT

8. EXTENDING THE TERM OF THE PROJECT POSITION OF\nPUBLIC WORKS MANAGER Adoption of the attached Resolution\nwill extend the term of the project position of Public Works Manager\nby five (5) years.\nRecommendation: Adopt Resolution No. 23-13 to extend the term of\nthe project position of Public Works Manager by five (5) years.\nRESOLUTION NO. 23-13 A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE TERM\nOF THE PROJECT POSITION OF PUBLIC WORKS MANAGER\nAGENDA REPORT\nREGULAR BUSINESS ITEMS 9 & 10

9. COMMUNITY DEVELOPMENT DEPARTMENT 2022 YEAR IN\nREVIEW The 2022 Year in Review summarizes Community\nDevelopment Department’s programs and activities conducted from\nJanuary through December 2022. The 2022 Year in Review report\nhighlights activities under the following categories: 1. Current\nPlanning - Industrial, commercial, mixed-use, and residential\ndevelopment and projects under review. 2. Advance Planning -\nGeneral Plan and code amendments, historic preservation, and\nCommunity Development Block Grant activities. 3. Performance\nMetrics - Code Enforcement, Building Division, Planning Division\nand Planning Concierge Services. 4. Streamline Tustin Initiative -\nSeven program components.\nRecommendation: Receive and file.\nAGENDA REPORT\n10. 2023 COMMISSION APPOINTMENTS Council direction is needed\nto fill (2) two vacancies on the Planning Commission, (2) two\nvacancies on the Community Services Commission, (3) three\nvacancies on the Audit Commission, and (4) four vacancies on the\nBuilding Board of Appeals.\nRecommendation: That the City Council: 1. Appoint the following\nCommission/Board candidates as recommended by Mayor Lumbard\nand Mayor Pro Tem Clark: • Planning Commission: Amy Mason,\nTanner Douthit • Community Services Commission: Ken Henderson,\nand Amy Nakamoto • Audit Commission: Dan Erickson, Adrian\nHenson, and Kristin Manna • Building Board of Appeals: Scoba\nRhodes, John Aguilera, and Kyle Domer 2. Direct the City Clerk to\nadvertise and solicit applications for the remaining vacancy on the\nBuilding Board of Appeals\nAGENDA REPORT\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS