Tustin — 2023-06-06

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: (4 cases)\nA. Claim No. 23-09, Claim of Koleen Daphne Winsborough\nB. Claim No. 23-14, Claim of Socorro Mateus\nC. Claim No. 23-18, Claim of Mercury Insurance OBO Steven Fletcher\nD. Claim No. 23-19, Claim of Ali Rastavan\n6/2/23, 2:50 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

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)

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

10. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL\nASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING\nDISTRICT FOR FISCAL YEAR 2023-2024 The Tustin Landscape and\nLighting District Engineer’s Report was completed and approved by the\nCity Council at their May 2, 2023 meeting. At that meeting, the City\nCouncil declared its intention to levy annual assessments and set a public\nhearing for June 6, 2023. In order to levy the annual assessments, the\nCity Council is required to conduct a public hearing and, provided there is\nno majority protest, adopt Resolution No. 23-29 confirming the annual\nassessments for Fiscal Year 2023-2024.\nRecommendation: It is recommended that the City Council: 1. Conduct a\npublic hearing to receive testimony on the proposed levy of annual\nassessments for the Tustin Landscape and Lighting District for Fiscal Year\n2023-2024; and 2. Adopt Resolution No. 23-29 confirming the annual\nassessments for Fiscal Year 2023-2024. RESOLUTION NO. 23-29 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS\n6/2/23, 2:50 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nFOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET\nLIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE\nBOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING\nDISTRICT FOR FISCAL YEAR 2023-2024\nAGENDA REPORT\nREGULAR BUSINESS ITEM 11

11. ADOPT RESOLUTION 23-26 APPROVING THE PREFERENTIAL\nPERMIT PARKING PROGRAM POLICIES AND PROCEDURES AND\nPERMIT PARKING DISTRICT 1 AND ESTABLISHING CITY-WIDE\nPREFERENTIAL PERMIT PARKING FEES The Public Works Department\nand Dixon Resources Unlimited (DIXON) have prepared the Tustin\nPreferential Permit Parking Program Policies and Procedures to function\nas a resource, providing clarification and guidelines for the Permit\nProgram to ensure consistent, policy-driven implementation in Tustin’s\nresidential neighborhoods. Public Works staff and Dixon are also seeking\napproval of Parking District 1 to initiate the program. Parking District 1 is\nbounded by Sycamore Avenue to the north, School Lane to the east, the\nSanta Ana-Santa Fe Flood Control Channel to the south, and SR-55\nFreeway to the west.\nRecommendation: That the City Council adopt Resolution 23-26\napproving the Tustin Preferential Permit Parking Program Policies and\nProcedures and establishing city-wide preferential permit parking fees and\nauthorize staff to implement. RESOLUTION NO. 23-26 A RESOLUTION\nOF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PREFERENTIAL\nPERMIT PARKING PROGRAM POLICIES AND PROCEDURES AND\nPERMIT PARKING DISTRICT 1 AND ESTABLISHING CITY-WIDE\nPREFERENTIAL PERMIT PARKING FEES\nAGENDA REPORT\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS\nADJOURN IN MEMORY OF THE HONORABLE DR. ALLAN BERNSTEIN

3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has\napproved the use of Government Code Section 37208 to expedite the\n6/2/23, 2:50 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\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 $1,907,038.20 and Demands in the amount of\n$6,293,383.67.\nAGENDA REPORT

4. APPROVE AMENDMENT NO. 5 TO AN AGREEMENT FOR BUS\nSHELTER ADVERTISING AND MAINTENANCE WITH CLEAR\nCHANNEL OUTDOOR, INC. Clear Channel Outdoor maintains all bus\nshelters and concrete bus benches in the City pursuant to an Agreement\nthat generates revenue for the City. Staff is requesting that the City\nCouncil approve the renewal of the Agreement for two (2) years with an\noption for two (2) additional two­year extensions.\nRecommendation: It is recommended that the City Council approve\nAmendment No. 5 to the Agreement with Clear Channel Outdoor, Inc.\nextending the contract for a period of two years with an option for two '(2)\nadditional two-year extensions and authorize the Mayor and City Clerk to\nexecute the contract documents.\nAGENDA REPORT

5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND\nTHE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY\nREDEVELOPMENT AGENCY FOR THE QUARTER ENDING MARCH\n31, 2023 Government Code Section 53646 requires that the Treasurer\nmake an 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.\nAGENDA REPORT

6. ADOPT RESOLUTION NO. 23-22 APPROVING PROJECT LIST TO BE\nSUBMITTED TO THE CALIFORNIA TRANSPORTATION COMMISSION\nFOR SB1 FUNDING FOR FISCAL YEAR 2023/24 In order to be eligible to\nreceive new funding under Senate Bill 1 (SB1), the City is required to\nsubmit a Project List to the California Transportation Commission (CTC)\nno later than July 1, 2023.\nRecommendation: Staff recommends the City Council: 1. Adopt\nResolution No. 23-22 identifying projects to be submitted to the California\nTransportation Commission for SB 1 funding; and 2. Direct staff to submit\nthe Project List to the California Transportation Commission on behalf of\nthe City. RESOLUTION NO. 23-22 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A LIST\nOF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE\nROAD REPAIR AND ACCOUNTABILITY ACT OF 2017\nAGENDA REPORT\n6/2/23, 2:50 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

7. ADOPT RESOLUTION NO. 23-28 FOR AUTHORIZATION TO ENTER A\nPURCHASE ORDER WITH THE COUNTY OF ORANGE\nCONTRACTORS FOR A JOINT PROJECT WITH COUNTY OF ORANGE\nFOR ROADWAY MAINTENANCE WITHIN SHARED BOUNDARY\nAREAS, AND APPROVE A SUPPLEMENTAL APPROPRIATION OF\n$125,000 FROM THE UNAPPROPRIATED RESERVES OF THE GAS\nTAX FUND (FUND 130) Staff is requesting authorization to enter into a\npurchase order agreement with the Orange County Public Works (OCPW)\ncontractor, for Annual Maintenance of street rehabilitation located at the\nshared boundaries of the County of Orange and the City of Tustin. OCPW\nis taking the lead for the project and the joint work is aligned and\ncoordinated with the annual maintenance plans for both jurisdictions. The\njurisdictions will work together to provide a cohesive rehabilitation project\nfor the residents within the shared boundary areas.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-28 authorizing the use of Ordinance No. 1438, Section\n1625 exceptions to purchasing procedure, Part C to utilize the County of\nOrange Cooperative Purchasing Program to more efficiently acquire\nconstruction services for reimbursement of the City's proportionately\nshared work on the County of Orange Public Work's Annual Major\nMaintenance Project titled Northwest Tustin (South of 17th Street) with\nNewport Avenue, Job Order Contract (JOC) 2022-23; 2. Approve a\nsupplemental appropriation of $125,000 from the unappropriated reserves\nof the Gas Tax Fund (Fund 130) for the City's proportional share of work;\nand 3. Award and authorize the Mayor and the City Clerk to execute the\ncontract documents on behalf of the City pursuant to JOC 2022-23,\nconsistent with the County's JOC Master Agreement for Pavement\nMaintenance. RESOLUTION NO. 23-28 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE\nCOUNTY OF ORANGE TO PURCHASE CERTAIN ITEMS\nAGENDA REPORT

8. AUTHORIZATION TO PURCHASE VARIABLE FREQUENCY DRIVE\nFOR PASADENA WELL Staff is requesting authorization of the purchase,\ninstallation and warranty for the replacement variable frequency drive\n(VFD) for Pasadena Well.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-31 authorizing the use of OMNIA Partners; Contract#\nEV2370 with Graybar Electric Company, Inc. for the purchase, installation\nand warranty for the VFD in the amount not to exceed $160,000; 2.\nAppropriate $60,000 from the Water Capital Fund (Fund 301) for this\nproject; and 3. Authorize the Mayor and the City Clerk to execute the\ncontract documents on behalf of the City. RESOLUTION NO. 23-31 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA\nDEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN\nITEMS\nAGENDA REPORT\n6/2/23, 2:50 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nPUBLIC HEARING ITEMS 9-10

9. CODE AMENDMENT 2023-0003 (ORDINANCE NO. 1535) – DENSITY\nBONUS ORDINANCE AND ACCESSORY DWELLING UNITS AND\nJUNIOR ACCESSORY DWELLING UNITS ORDINANCE UPDATES\n(INTRODUCTION AND FIRST READING) Code Amendment (CA) 2023-\n0003 is a City-initiated request to amend Chapter 1 (Incentives for the\nDevelopment of Affordable Housing) of Article 9 (Land Use) to bring the\nTustin City Code (TCC) into conformance with current State Density\nBonus Law (Government Code Section 65915-65918). CA 2023-0003\nalso amends TCC Sections 9279 and 9297 relating to Accessory Dwelling\nUnits (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply\nwith newly amended State Law, such as Assembly Bills (AB) 2221 and\n897 and Senate Bill (SB) 887, and to ensure they are in compliance with\nthe City’s 2021-2029 Housing Element, as directed by AB 671 (2019). On\nApril 25, 2023, the Planning Commission adopted Resolution 4469\n(Attachment A), recommending that the City Council adopt Ordinance No.\n1535, approving, CA 2023-0003. The Planning Commission Minutes from\nApril 25, 2023, are provided as Attachment B for additional reference.\nRecommendation: That the City Council introduce and have a first\nreading, by title only, of Ordinance No. 1535, amending TCC Sections\n9112 and 9121(a), adding TCC Section 9126 relating to incentives for the\ndevelopment of affordable housing, amending TCC Sections 9279 and\n9297 relating to ADUs and JADUs, and set the second reading for the\nnext regularly scheduled City Council meeting. ORDINANCE NO. 1535\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, AMENDING TUSTIN CITY CODE (TCC) SECTIONS 9112\nAND 9121(a), AND ADDING TCC SECTION 9126 RELATING TO\nINCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING,\nAND AMENDING TCC SECTIONS 9279 AND 9297 RELATING TO\nACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY\nDWELLING UNITS (CODE AMENDMENT 2023-0003)\nAGENDA REPORT