Tustin — 2023-10-03

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)

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 $955,371.28 and Demands in the amount of\n$5,808,401.31.\nAGENDA REPORT

4. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA\nEDISON COMPANY OVER PORTIONS OF LOT I OF TR 17144\nSERVING ARMSTRONG PEDESTRIAN BRIDGE AT TUSTIN LEGACY\nThe future construction of the Armstrong Pedestrian Bridge within Linear\nPark at Tustin Legacy necessitates the provision of easements for\nelectrical service to the Bridge. Underground electrical supply systems\nand communication systems are to be subsequently provided.\n9/29/23, 1:33 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 authorize the\nMayor to execute the grant of easement to Southern California Edison\n("SCE") as shown on the attached easement document exhibits for the\npurposes of installation and maintenance of the systems as outlined in the\nattached easement documents; and authorize the City Manager to\napprove any future modifications to the proposed grants of easement\nwhich may be necessary to meet the intent of providing said services to\nthe Armstrong Pedestrian Bridge project.\nAGENDA REPORT

5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT\nThis agenda report transmits the John Wayne Airport (JWA) Noise\nAbatement Quarterly Report for the first and second quarters of 2023. The\nCity of Tustin is within the JWA’s “Noise Impact Area” since it has the\npotential to be exposed to an average Community Noise Equivalent Level\n(CNEL) of more than 65 decibels (dB). CNEL is a weighted average of\nnoise levels over a 24-hour period, and is a measurement frequently used\nin regulating the impacts of airport noise on the surrounding community.\nThe average noise level measured at Tustin’s monitoring station (NMS\n10N), which is located at Columbus Tustin Middle School on Beneta Way\n(Figure 1), remained below the City, County, and State maximum criteria\nof 65 dB CNEL during the first and second quarter reporting period.\nRecommendation: That the City Council receive and file this report.\nAGENDA REPORT

6. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE\nMANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the\nattached Resolution will update the Executive Management and\nManagement Salary Resolution to include two new job classifications in\nPublic Works.\nRecommendation: Adopt Resolution No. 23-45 to update the Executive\nManagement and Management Salary Resolution. RESOLUTION NO.\n23-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND\nBENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND\nMANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 21-\n104\nAGENDA REPORT

7. YEAR-END UPDATE FOR FISCAL YEAR 2022-2023 This report provides\nthe City Council with an update of the Fiscal Year 2022-2023 preliminary\noperating results based on actual year-end revenues and expenditures.\nGeneral Fund operating revenues are approximately $6.7 million higher\nthan the amended budget, whereas General Fund expenditures are\napproximately $0.4 million lower than the amended budget. If the\nencumbrances identified in the report are approved, the General Fund\nreserves are expected to be at $24 million as of June 30, 2023 (or 28% of\nthe General Fund’s operating expenditures). This reserve level exceeds\nthe City Council’s target reserve policy of 20%.\n9/29/23, 1:33 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. Receive\nand file this report; 2. Approve supplemental appropriations identified in\nthis report, which were incurred to operate various City programs and\nservices; and 3. Approve appropriations for carryover purchase orders\nand encumbrances identified in this report.\nAGENDA REPORT\nPUBLIC HEARING ITEM 8

8. FIRST READING OF ORDINANCE NO. 1537 TO AMEND CITY CODE\nSECTION 5331(N)-(O) FOR THE CITY’S PREFERENTIAL PERMIT\nPARKING PROGRAM Section 22507(a) of the State of California Vehicle\nCode grants cities the authority to establish preferential permit parking on\ndesignated streets or portions thereof, during all or certain times of the\nday, upon approval by the City Council of an ordinance or resolution\ncontaining provisions that are reasonable and necessary to assure the\neffectiveness of a preferential permit parking program. On November 15,\n2022, the City Council adopted the Tustin Residential Parking Action Plan\n(PAP), identifying policies, procedures, and management strategies\nnecessary to address the City’s current and future parking needs. On\nJune 6, 2023, consistent with the PAP, the City Council adopted\nResolution 23-26 approving the Preferential Permit Parking Program\nPolicies and Procedures “Updated Guidelines” and established Permit\nParking District 1 and preferential permit parking fees applicable to all\nexisting or newly established permitted parking areas. An amendment to\nSection 5331(n)-(o) of the Tustin City Code is necessary to implement the\nPAP on public residential streets and reflect the City Council’s approval of\nthe Updated Guidelines which also includes the introduction of a Permit\nParking District Map encompassing public residential streets eligible for\npermit parking.\nRecommendation: That the City Council introduce and have the first\nreading by title only of Ordinance No. 1537 to amend City Code Section\n5331 (Stopping, Standing or Parking Restricted or Prohibited on Certain\nStreets) and Subsections “n” (Parking by Permit Only and District Map)\nand “o” (Policies and Procedures for Parking by Permit Only).\nORDINANCE NO. 1537 AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING\nTUSTIN CITY CODE SECTION 5331 (STOPPING, STANDING OR\nPARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS)\nSUBSECTIONS “N” (PARKING BY PERMIT ONLY) AND “O” (POLICIES\nAND PROCEDURES FOR PARKING BY PERMIT ONLY) REGARDING\nTHE CITY’S PREFERENTIAL PERMIT PARKING PROGRAM.\nAGENDA REPORT\nREGULAR BUSINESS ITEM 9

9. TUSTIN WATER SERVICES SEVEN YEAR CAPITAL IMPROVEMENT\nPROGRAM (CIP) PLAN On September 19, 2023, the City held a public\nworkshop to discuss proposed changes in water rates and set a Public\nHearing pursuant to the requirements of Proposition 218. As part of the\ndiscussion, a recommendation was made to prepare and present an\noverview of capital improvement program (CIP) planning as outlined in the\nproposed Water Financial Plan and draft 2023 Water Master Plan. A\ncomprehensive presentation will be provided during the City Council\nmeeting.\nRecommendation: Receive and file.