Tustin — 2023-06-20

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. 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)

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government\nCode § 54956.8]: (2 cases)\n6/16/23, 12:24 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-7:00 pm\nA. Property Address/Description: APN 430-481-12 Agency: City of\nTustin City Negotiators: Matthew S. West, City Manager &\nChristopher Koster, Director of Economic Development Negotiating\nParties: Matthew Derrick, Vice President Development, CD-MS\n(Tustin) LLC Under Negotiation: Price and Terms of Payment\nB. Property Address/Description: APN 430-481-02, 430-481-03, 430-\n481-04, 430-481-05 Agency: City of Tustin City Negotiators:\nMatthew S West, City Manager and Christopher Koster, Director of\nEconomic Development Negotiating Parties: Mark Janda, Senior\nVice President - Development, AvalonBay Communities Inc. and\nLara Regus, Senior Vice President, Development, Abode\nCommunities Under Negotiation: Price and Terms of Payment

10. ADOPTION OF A RESOLUTION UPDATING THE COMPREHENSIVE\nFEE SCHEDULE The City’s Comprehensive User Fee Study, which was\ncompleted in May 2021 determined the cost of providing governmental\nservices and ensured that user fees and charges do not exceed the costs\nof providing these services at the time of the study. Industry best practices\nrecommend that annually, the user fees be reviewed and updated to\nensure that the user fees are consistent with the cost of living and/or to\nreflect any operational changes. Staff has completed this annual review\nand compiled an updated user fee schedule (attachment 1). Staff\nrecommends that the City Council proceed with a public hearing to\nconsider the adoption of the updated fees if approved, which will take\neffect on September 1, 2023.\nRecommendation: 1. Conduct a public hearing on the proposed adoption\nof an update to the City's Comprehensive Fee Schedule; and, 2. Adopt\nResolution No. 23-30, Establishing and Adopting Updated Development\nProcessing Fees and Other City Rates, Charges, and User Fees for\nVarious Government Services. RESOLUTION NO. 23-30 A RESOLUTION\nOF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\nESTABLISHING AND ADOPTING UPDATED DEVELOPMENT\nPROCESSING FEES AND OTHER CITY RATES, CHARGES, AND\nUSER FEES FOR VARIOUS GOVERNMENT SERVICES\nAGENDA REPORT\n6/16/23, 12:24 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-7:00 pm\nREGULAR BUSINESS ITEMS 11 - 12

11. FISCAL YEAR 2023-2024 BUDGET ADOPTION On May 23, 2023, the\nCity Council conducted a budget workshop on the Proposed Biennial\nOperating Budget and Capital Improvement Program for Fiscal Years\n2023-2024 and 2024-2025, which allocate resources that reflect the City\nCouncil’s priorities.\nRecommendation: 1. Adopt Resolution No. 23-34, Adopting the first year\n(Fiscal Year 2023-2024) of the 2023-2025 Biennial Budget and Related\nDocuments for Fiscal Year 2023-2024; 2. Adopt Tustin Housing Authority\nResolution No. 23-01, Adopting the Housing Authority Budget for Fiscal\nYear 2023-2024; 3. Adopt Resolution No. 23-33, Updating the Citywide\nSalary Schedule and the Position Control Schedule consistent with the\nProposed Budget for Fiscal Year 2023-2024; and, 4. Adopt Resolution No.\n23-32, Increasing the Authority of the Director of Human Resources, City\nManager, and City Attorney to Settle General, Employment, and\nAutomobile Liability Claims. RESOLUTION NO. 23-34 A RESOLUTION\nOF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\nADOPTING THE FIRST YEAR (FISCAL YEAR 2023-2024) OF THE 2023-\n2025 BIENNIAL BUDGET AND RELATED DOCUMENTS FOR FISCAL\nYEAR 2023-2024 TUSTIN HOUSING AUTHORITY RESOLUTION NO.\n23-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE\nCITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING\nAUTHORITY BUDGET FOR THE FISCAL YEAR 2023-2024\nRESOLUTION NO. 23-33 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE\nSALARY SCHEDULE AND THE POSITION CONTROL SCHEDULE\nRESOLUTION NO. 23-32 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, INCREASING THE AUTHORITY\nOF THE DIRECTOR OF HUMAN RESOURCES, CITY MANAGER, AND\nCITY ATTORNEY TO SETTLE GENERAL, EMPLOYMENT, AND\nAUTOMOTIVE LIABILITY CLAIMS\nAGENDA REPORT

12. APPROPRIATION LIMIT FOR THE FISCAL YEAR 2023/24 Article XIII B\nof the State Constitution requires each City to annually adopt a limit on\nappropriations for all governmental funds. The following recommendation\nand attached worksheets are based on the Fiscal Year 2023/24 Proposed\nBudget as presented to the City Council on June 20, 2023.\nRecommendation: 1. Select the change in the assessment roll of the\npreceding year as the price factor for adjusting the Fiscal Year 2023/24\nAppropriation Limit. 2. Adopt Resolution No. 23-36 setting the\nappropriation limit for the Fiscal Year 2023/24 at $118,286,797.\nRESOLUTION NO. 23-36 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING\nAN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2023/24 IN\nACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE\nSTATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT\nCODE\n6/16/23, 12:24 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-7:00 pm\nAGENDA REPORT\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 $936,418.97 and Demands in the amount of\n$2,511,596.26.\nAGENDA REPORT

4. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public\nAffairs (TPA) have prepared a summary of state legislative activity.\nRecommendation: 1. Take a SUPPORT position on AB 573 (Garcia)\nOrganic waste: meeting recovered organic waste product procurement\ntargets. 2. Take an OPPOSE UNLESS AMENDED position on AB 1082\n(Kalra) Authority to remove vehicles. 3. Receive and file the updated\nlegislative matrix as of June 9. 4. Receive and file legislative updates\nprepared by TPA.\nAGENDA REPORT

5. AMENDMENT NO. 14 TO CONSULTANT SERVICES AGREEMENT\nWITH SO CAL SANDBAGS INC FOR PROPERTY\nMANAGEMENT/CARETAKER SERVICES AT TUSTIN LEGACY\nAmendment to existing Consultant Services Agreement (CSA) with So Cal\nSandbags, Inc.\nRecommendation: It is recommended that the City Council authorize the\nCity Manager to execute Amendment No. 14 to the CSA with So Cal\nSandbags, Inc.\nAGENDA REPORT

6. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL\nNUMBERS 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND\nPORTIONS OF 430-272-04, 07, 08, 20, 21 AND 23 Resolution 23-27 will\ndeclare APNs 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 and 28; and\nportions of 430-272-04, 07, 08, 20, 21 and 23 as surplus property\npursuant to California Government Code Section 54221.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Adopt Resolution 23-27: A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING\nCERTAIN REAL PROPERTY COMPRISED OF ASSESSORS PARCEL\nNUMBERS 430-272-11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND\nPORTIONS OF 430-272-04, 07, 08, 20, 21 AND 23 AS SURPLUS\nPROPERTY PURSUANT TO CALIFORNIA GOVERNMENT CODE\nSECTION 54221. 2. Authorize the City Manager to direct staff to submit\nthe appropriate documentation to the California Department of Housing\nand Community Development in connection with the Resolution.\nRESOLUTION NO. 23-27 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL\n6/16/23, 12:24 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-7:00 pm\nPROPERTY COMPRISED OF ASSESSORS PARCEL NUMBERS 430-\n272-11, 12, 13, 14, 15, 22, 24, 26, 27 AND 28; AND PORTIONS OF 430-\n272-04, 07, 08, 20, 21 AND 23 AS SURPLUS PROPERTY PURSUANT\nTO CALIFORNIA GOVERNMENT CODE SECTION 54221.\nAGENDA REPORT

7. APPROVE THE ANNUAL OC GO (MEASURE M2) ELIGIBILITY\nSUBMITTAL PACKAGE, FISCAL YEAR 2023-2024 ln order to maintain\neligibility to receive OC Go (also known as Orange County Measure M2\nProgram) funding, the City is required to annually submit a compliance\npackage to the Orange County Transportation Authority (OCTA).\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Adopt the attached Measure M2 Seven-Year Capital\nImprovement Program (CIP) (Fiscal Year 2023-2024 through Fiscal Year\n2029-2030); and 2. Approve the City's Resolution No. 23-23 informing the\nOCTA that there have been no changes to the City's Circulation Element\nof the General Plan and that it is consistent with the Master Plan of\nArterial Highways and that the City concurs with the Mitigation Fee\nProgram for new development; and 3. Approve the City's Resolution 23-24\nfor the Local Signal Synchronization Plan Update; and 4. Approve\nResolution No. 23-25 informing the OCTA that the City updated a\nPavement Management Plan that is in conformance with the OCTA\nformat; and 5. Authorize the Director of Public Works/City Engineer to\nsubmit the City of Tustin's Measure M2 eligibility package to the OCTA.\nRESOLUTION NO. 23-23 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN CONCERNING THE STATUS AND UPDATE OF\nTHE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR\nTHE MEASURE M (M2) PROGRAM RESOLUTION NO. 23-24 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN\nCONCERNING THE UPDATE OF THE LOCAL SIGNAL\nSYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM\nRESOLUTION NO. 23-25 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN CONCERNING THE STATUS AND UPDATE OF\nTHE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2)\nPROGRAM\nAGENDA REPORT

8. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE\nADVERTISEMENT FOR BIDS FOR THE RED HILL AVENUE PAVEMENT\nREHABILITATION PROJECT BETWEEN SAN JUAN STREET AND\nMELVIN WAY, CIP NO. 70220 The plans and specifications for the Red\nHill Avenue Pavement Rehabilitation Project between San Juan Street\nand Melvin Way (CIP No. 70220) have been prepared and the project is\nnow ready for bid.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 23-35 approving the plans and specifications for the Red\nHill Avenue Pavement Rehabilitation Project between San Juan Street\nand Melvin Way (CIP No. 70220) and; 2. Authorize the City Clerk to\nadvertise to receive bids. RESOLUTION NO. 23-35 A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA\n6/16/23, 12:24 PM Regular Meeting of the City Council/Closed Session-4:30 pm/Regular Meeting-7:00 pm\nAPPROVING PLANS AND SPECIFICATIONS FOR THE RED HILL\nAVENUE PAVEMENT REHABILITATION PROJECT BETWEEN SAN\nJUAN STREET AND MELVIN WAY, CIP NO. 70220, AND AUTHORIZING\nADVERTISEMENT FOR BIDS\nAGENDA REPORT

9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1535\n(CODE AMENDMENT 2023-0003) - DENSITY BONUS ORDINANCE\nAND ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY\nDWELLING UNITS ORDINANCE UPDATES Adoption of Ordinance No.\n1535 amends Tustin City Code Sections 9112 and 9121(a), adds Section\n9126 relating to incentives for the development of affordable housing, and\namends Sections 9279 and 9297 relating to Accessory Dwelling Units and\nJunior Accessory Dwelling Units.\nRecommendation: That the City Council have second reading by title only\nand adoption of Ordinance No. 1535. ORDINANCE NO. 1535 AN\nORDINANCE 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\nPUBLIC HEARING ITEM 10