Tustin — 2023-04-18

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

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

3. LIABILITY CLAIMS – [Government Code § 54956.95]: (7 cases)\nA. Claim No. 22-27, Claim of Edgar Rescalvo\nB. Claim No. 22-45, Claim of Paoli & Purdy, PC obo Miguel Martinez\nC. Claim No. 23-03, Claim of Brandon Snook\nD. Claim No. 23-04, Claim of Mercury Insurance OBO: Brandon Snook\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1686 1/3\n4/14/23, 2:25 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nE. Claim No. 23-10, Claim of June Calderon\nF. Claim No. 23-11, Claim of Jose Cantoran\nG. Claim No. 23-12, Claim of John Zimmer

4. 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 the\npayment of City of Tustin obligations that are in accordance with the\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1686 2/3\n4/14/23, 2:25 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\napproved budget or continued operations authorizations.\nRecommendation: It is recommended that the City Council approve\nPayroll in the amount of $926,385.76 and Demands in the amount of\n$2,783,051.00.\nAgenda Report

4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT\nThis agenda report transmits the John Wayne Airport (JWA) Noise\nAbatement Quarterly Report for the third and fourth quarters of 2022. The\naverage noise level measured at Tustin’s monitoring station (NMS 10N),\nlocated at Columbus Tustin Middle School on Beneta Way (Figure 1),\nremained consistent with prior quarters. Average daily noise levels during\nthe third and fourth quarters continued to remain well below the City,\nCounty, and State criteria of 65 decibels (dB) Community Noise\nEquivalent Level (CNEL) for residential uses. Residential noise sensitive\nareas exposed to an average Community Noise Equivalent Level (CNEL)\nof more than 65 dB define the "Noise Impact Area."\nRecommendation: That the City Council receive and file this report.\nAgenda Report

5. EXTENSION OF EXCLUSIVE NEGOTIATING AGREEMENT WITH\nAVALONBAY COMMUNITIES INC. AND ABODE COMMUNITIES FOR\nPORTIONS OF TUSTIN LEGACY DISPOSITION AREAS 2B, 2C AND 8\nRequest for approval of an extension of the Exclusive Negotiating\nAgreement (ENA) with AvalonBay Communities Inc. (AvalonBay) and\nAbode Communities (Abode) (collectively, “Developer”) to continue the\nnegotiating period for the disposition and development of portions of\nDisposition Areas 2B, 2C and 8 at Tustin Legacy for a multifamily mixed-\nuse project for an additional 180 days.\nRecommendation: Approve an extension of the ENA of an additional\nperiod of ninety (90) days, as well as an option for the City Manager to\ngrant an additional ninety (90) day extension and authorize the City\nManager to provide written notice of the ENA extension terms to the\nDeveloper.\nAgenda Report\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS