Tustin — 2023-11-07

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. LIABILITY CLAIMS – [Government Code § 54956.95]: (4 cases)\nA. Claim No. 23-22, Claim of Johnny McGee\n11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nB. Claim No. 23-23, Claim of Johnny McGee Sr.\nC. Claim No. 23-47, Claim of Archie Danesh\nD. Claim No. 23-53, Claim of Amber Armbruster

5. PUBLIC EMPLOYMENT Cal. Gov’t Code § 54957(b)(1) Title: City\nManager

6. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government\nCode Section 54957.6 Agency Negotiators: David E. Kendig, City\nAttorney and Derick Yasuda, Director of Human Resources Position:\nActing City Manager

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS\nON THE AGENDA\nRecommendation: That the City Council waive reading in full of all\nordinances and resolutions on the agenda and declare that said titles\nwhich appear on the public agenda shall be determined to have been read\nby title and further reading waived.

10. AMENDING THE CITY’S CLASSIFICATION AND COMPENSATION\nPLANS TO INCLUDE THE CLASSIFICATION OF PLANS EXAMINER\nAdoption of the attached Resolution will amend the City’s Classification\nand Compensation Plans to include the classification of Plans Examiner.\nRecommendation: Adopt Resolution No. 23-47 to amend the City's\nClassification and Compensation Plans. RESOLUTION NO. 23-47 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, AMENDING THE CLASSIFICATION AND\nCOMPENSATION PLANS FOR THE CITY OF TUSTIN TO INCLUDE THE\nCLASSIFICATION OF PLANS EXAMINER\nAGENDA REPORT

11. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE\nSUPPORT SERVICES ASSOCIATION AND THE TUSTIN POLICE\nSUPPORT SERVICES MANAGEMENT ASSOCIATION Adoption of the\nattached Resolutions and Memoranda of Understanding (MOU) will\nauthorize terms and conditions of employment for employees in\nclassifications represented by the Tustin Police Support Services\nAssociation (TPSSA) and the Tustin Police Support Services\nManagement Association (TPSSMA) in accordance with City Council\ndirection.\nRecommendation: Adopt Resolution No. 23-52 and Resolution No. 23-53\namending the City's Classification and Compensation Plans, approving an\nextended Memorandum of Understanding with TPSSA for the period of\nJuly 1, 2021 through June 30, 2027, and approving an extended\nMemorandum of Understanding with TPSSMA for the period of July 1,\n2021 through June 30, 2027. RESOLUTION NO. 23-52 A RESOLUTION\nOF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\nAMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR\nTHE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF\nUNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN\nPOLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES,\nHOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT\nRESOLUTION NO. 23-53 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, AMENDING THE\n11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nCLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF\nTUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING\nBETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT\nSERVICES MANAGEMENT ASSOCIATION, CONCERNING WAGES,\nHOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT\nAGENDA REPORT

12. SUPPLEMENTAL MILITARY PAY AND BENEFITS Adoption of the\nattached Resolution will authorize the provision of Supplemental Military\nPay and related benefits to employees who have been involuntarily called\nto Active Duty in the United States Armed Forces and have exhausted\ntheir paid Military Leave pursuant to State law.\nRecommendation: Adopt Resolution No. 23-54 to authorize staff to\nimplement a policy on Supplemental Military Pay and benefits for City\nemployees who meet specified criteria. RESOLUTION NO. 23-54 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, PROVIDING FOR SUPPLEMENTAL MILITARY PAY AND\nBENEFITS FOR CITY EMPLOYEES INVOLUNTARILY CALLED TO\nACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES\nOF AMERICA\nAGENDA REPORT\nPUBLIC HEARING ITEM 13

13. SUBDIVISION MAP (SUB) 2023-0003/VESTING TENTATIVE TRACT\nMAP (VTTM) NO. 19164 FOR CONDOMINIUM PURPOSES, DESIGN\nREVIEW (DR) 2023-0019, FINAL APPROVAL OF RESIDENTIAL\nALLOCATION RESERVATION (RAR) 2023-0001, DENSITY BONUS\nCONCESSION/WAIVER REQUESTS, DEVELOPMENT AGREEMENT\n(DA) 2023-0002 This project is a new, live/work and residential\ncondominium development that would include thirty-five (35) residential\ncondominium units and seven (7) live/work units, for a total of forty-two\n(42) units in six (6) buildings, including two (2) affordable units, on\napproximately two (2) acres. The applicant’s requests include\nconsideration of a subdivision, design review, final approval of a\nresidential allocation reservation, and density bonus requests, including\nthe use of State Density Bonus Law parking standards, and a\nDevelopment Agreement. On October 10, 2023, the City of Tustin\nPlanning Commission held a public hearing on the proposed project and\nadopted Resolution Nos. 4478 and 4479, recommending that the City\nCouncil approve the above-referenced requests. Applicant: Karen Alves\nCity Ventures Homebuilding, LLC 3121 Michelson Drive, Suite 150 Irvine,\nCa 92612 Property Owner: Michael Kim Tustin Capital LLC 3701 Wilshire\nBlvd., Suite 820 Los Angeles, Ca 90010 Location: 14042 Newport Avenue\n(APN Nos. 432-074-07, 08 & 09)\nRecommendation: That the City Council: 1. Adopt Resolution No. 23-46,\nthat approves the following: • SUB 2023-0003/VTTM No. 19164 to\nsubdivide the property for condominium purposes to construct a total of\nforty-two (42) residential units, including seven (7) live/work units, on\napproximately two (2) acres site; • DR 2023-0019 for site layout and\n11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nbuilding design; • Final Approval of RAR 2023-0001 reserving thirty-five\n(35) base residential units; and • Density Bonus request with five (5)\npercent of units identified as very-low income housing with a request for\ndensity bonus of twenty (20) percent (35 base units, plus 7 density bonus\nunits); one (1) concession to remove the requirement for full replacement\nof frontage improvements along El Camino Real; two (2) waivers to\nreduce the minimum required ground floor commercial development\nstandards within the live/work units that include the interior depth from\nforty-five (45) feet to thirteen (13) feet eight (8) inches (13'-8") and first\n(1st) floor plate height of the live/work units from sixteen (16) feet to ten\n(10) feet one (1) inch (10'1"); and use of State Density Bonus Law parking\nstandards, which allow tandem parking. 2. Introduce and have the first\nreading by title only of Ordinance No. 1538 for DA 2023-0002 to accept\nthe provision of community public benefits, by including two (2) affordable\nhousing units for very low-income households, payment of a voluntary\nworkforce housing incentive program in-lieu fee, and provision of a 1,392\nsquare foot public amenity space. RESOLUTION NO. 23-46 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN\nAPPROVING SUBDIVISION 2023-0003/VESTING TENTATIVE TRACT\nMAP 19164 FOR RESIDENTIAL CONDOMINIUM PURPOSES, DESIGN\nREVIEW 2023-0019, FINAL APPROVAL OF RESIDENTIAL ALLOCATION\nRESERVATION 2023-0001, DENSITY BONUS CONCESSION AND\nWAIVER REQUESTS TO CONSTRUCT A NEW, LIVE/WORK AND\nRESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT\nWOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM\nUNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY-\nTWO (42) UNITS IN SIX (6) BUILDINGS, INCLUDING TWO (2)\nAFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES AT 14042\nNEWPORT AVENUE ORDINANCE NO. 1538 AN ORDINANCE OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN, APPROVING\nDEVELOPMENT AGREEMENT (DA) 2023-0002 BETWEEN THE CITY\nOF TUSTIN AND CITY VENTURES HOMEBUILDING, LLC TO ACCEPT\nTHE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS,\nBY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY-\nLOW INCOME HOUSEHOLDS, PAYMENT OF VOLUNTARY\nWORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE, AND A\n1,392 SQUARE FOOT PUBLIC AMENITY SPACE FOR A NEW,\nLIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT\nPROJECT THAT WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL\nCONDOMINIUM UNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A\nTOTAL OF FORTY TWO (42) UNITS IN SIX BUILDINGS, INCLUDING\nTWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES\nAT 14042 NEWPORT AVENUE\nAGENDA REPORT\nREGULAR BUSINESS ITEMS 14-17

14. CITY OF TUSTIN 2023 WATER MASTER PLAN The Water Master Plan\n(WMP) is a detailed engineering report that analyzes the City’s water\nsystem by evaluating existing infrastructure, identifying water supply and\ndemand characteristics while updating the City’s water system hydraulic\nmodel (Model). The Model helps define water systems operational criteria\nsuch as peak and average day water demands, water pressures,\n11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nvelocities and age. Additionally, emergency criteria and test operational\nscenarios are evaluated and supported by the Model which helps shape\nfindings, conclusions, and recommendations that build a 20-year Capital\nImprovement Plan necessary to maintain the City’s reliability in delivering\npotable water. A comprehensive presentation will be provided during the\nCity Council meeting.\nRecommendation: It is recommended that the City Council receive and file\nthe City of Tustin Water Master Plan.\nAGENDA REPORT

15. LOCAL REUSE AUTHORITY – LEGACY REDEVELOPMENT UPDATE\nDISCUSSION ITEM Discussion and consideration by the City Council\nacting in its capacity as the Local Reuse Authority (LRA) for former Marine\nCorps Air Station (MCAS) Tustin whether to hold an LRA public meeting to\nreceive updates from participating public agencies on redevelopment at\nTustin Legacy in Quarter 1 of 2024.\nRecommendation: Pleasure of the City Council.\nAGENDA REPORT

16. AUTHORIZING THE TEMPORARY POST-RETIREMENT EMPLOYMENT\nOF SHARON MCCANN AS POLICE RECORDS LEAD Adoption of the\nattached Resolution will authorize the City to employ Sharon McCann on\na temporary part-time basis in the retired annuitant position of Property\nand Evidence Specialist sooner than 180 days after her retirement.\nRecommendation: Adopt Resolution No. 23-51 authorizing the City to\nemploy Sharon McCann on a temporary part-time basis in the retired\nannuitant position of Police Records Lead immediately after her\nretirement. RESOLUTION NO. 23-51 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE\nPOST-RETIREMENT EMPLOYMENT OF SHARON MCCANN AS A\nPOLICE RECORDS LEAD SOONER THAN 180 DAYS AFTER\nRETIREMENT\nAGENDA REPORT

17. APPROVAL OF AMENDMENT NO. 6 TO EMPLOYMENT AGREEMENT\nWITH NICOLE M. BERNARD TO SERVE AS ACTING CITY MANAGER\nThis agenda item calls for the City Council to consider approval of\nAmendment No. 6 to the Employment Agreement with Nicole M. Bernard\nto serve as Acting City Manager.\nRecommendation: City Council discretion.\nAGENDA REPORT\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS\n11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

2. APPROVAL OF MINUTES - THE REGULAR MEETING OF THE CITY\nCOUNCIL HELD ON OCTOBER 17, 2023 AND THE SPECIAL CLOSED\nSESSION MEETING OF THE CITY COUNCIL HELD ON OCTOBER 27,\n2023.\nRecommendation: That the City Council approve the Action Minutes of the\nRegular Meeting of the City Council held on October 17, 2023 and the\nSpecial Closed Session Meeting of the City Council held on October 27,\n2023.\nAGENDA REPORT\n11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

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 $1,010,092.32 and Demands in the amount of\n$3,899,212.42.\nAGENDA REPORT

4. AFFORDABLE HOUSING GRANT AGREEMENT - FAMILIES FORWARD\nRequest for authorization to enter into an Affordable Housing Grant\nAgreement ("Grant Agreement") with Families Forward and approve a\nfund appropriation to construct six-to-eight affordable rental units utilizing\nInclusionary Housing Fee Funds.\nRecommendation: The Tustin Housing Authority Commissioners take the\nfollowing action: Approve the Affordable Housing Grant Agreement\nbetween Families Forward and the City of Tustin and Tustin Housing\nAuthority. The City Council take the following actions: *Authorize the\nActing City Manager and Acting Housing Authority Executive Director to\nexecute the Grant Agreement between Families Forward and the City of\nTustin and Tustin Housing Authority for the construction of six-to-eight\naffordable housing units subject to modifications and amendments as may\nbe approved by the Acting City Manager/Acting Housing Authority\nExecutive Director, and in a form approved by the City Attorney, consistent\nwith the purposes of this Grant Agreement; and *Appropriate $2,100,000\nfrom the Inclusionary Housing Fee Fund (Fund 577).\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\nSEPTEMBER 30, 2023 Government Code Section 53646 requires that\nthe Treasurer make an Investment Report to the City Council at least\nquarterly showing balances by authorized investment and certifying its\ncompliance with the adopted Investment Policy.\nRecommendation: Receive and file.\nAGENDA REPORT

6. AWARD CONTRACT FOR THE TUSTIN LEGACY NEIGHBORHOOD "D"\nSOUTH PHASE 2 INFRASTRUCTURE (CIP NO. 70256)\nCONSTRUCTION PROJECT - PACKAGE #1 AND THE CIVIL PORTION\nOF THE WORK FOR THE SOUTH HANGAR RENOVATION (CIP NO.\n10076) Staff is requesting the City Council award a construction contract\nto the lowest responsive/responsible bidder for the Tustin Legacy\nNeighborhood "D" South Phase 2 Infrastructure (CIP No. 70256)\nConstruction Project - Package #1 and the civil portion of the work for\nSouth Hangar Renovation (CIP No. 10076) to Boudreau Pipeline\nCorporation ("Boudreau"). This project involves construction elements\n11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nassociated with five projects in the City’s Capital Improvement Program\nthat are required to advance construction of Neighborhood D South,\nTustin Legacy Park from Armstrong Avenue to Warner Avenue and future\npedestrian bridges over Armstrong and Warner Avenue.\nRecommendation: It is recommended that the City Council: 1. Award a\nconstruction contract in the amount of $8,771,596, for the Tustin Legacy\nNeighborhood "D" South Phase 2 Infrastructure (CIP No. 70256)\nConstruction Project - Package #1 and the civil portion of the work for\nSouth Hangar Renovation (CIP No. 10076) to Boudreau Pipeline\nCorporation as the lowest responsive and responsible bidder, and\nauthorize the Mayor and the City Clerk to execute the contract documents\non behalf of the City; 2. Appropriate $3,500,000 from Land Sale Proceeds\nFund (Fund 189) for the Neighborhood D South Phase 2 Improvements\nProject (CIP 70256); 3. Appropriate $550,000 from the Backbone Program\nFund (Fund 187) for the Armstrong Avenue Pedestrian Bridge\nImprovements Project (CIP 70257); and 4. Appropriate $520,000 from the\nBackbone Program Fund (Fund 187) for the Warner Avenue Pedestrian\nBridge Improvements Project (CIP 70260).\nAGENDA REPORT

7. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA\nEDISON COMPANY OVER A PORTION OF LOT B OF TR 18197 FOR\nTHE RELOCATION OF EXISTING TRANSFORMER IN CONFLICT WITH\nPROPOSED JOHN JOHNSON WAY AT TUSTIN LEGACY The future\nconstruction of John Johnson Way in Neighborhood D South at Tustin\nLegacy necessitates the provision of easements for the relocation of an\nexisting SCE transformer that is in conflict with the proposed roadway.\nUnderground electrical supply systems and communication systems are\nto be subsequently provided.\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 relocating the existing\ntransformer.\nAGENDA REPORT

8. APPROVAL OF JOINT USE AGREEMENT WITH TUSTIN UNIFIED\nSCHOOL DISTRICT FOR HEIDEMAN SCHOOL PARK Approval of the\nJoint Use Agreement between the City of Tustin and Tustin Unified School\nDistrict for the Heideman School Park project.\nRecommendation: Authorize the Mayor and the City Clerk to execute the\nCommunity Recreation Joint Use Agreement with the Tustin Unified\nSchool District (TUSD) for the design, construction, and operation of the\nHeideman School Park project.\nAGENDA REPORT\n11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm

9. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE\nMANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the\nattached Resolution will update the Executive Management and\nManagement Salary Resolution to amend the compensation provided to\nemployees in the classification of Police Chief and Deputy Police Chief.\nRecommendation: Adopt Resolution No. 23-50 to update the Executive\nManagement and Management Salary Resolution. RESOLUTION NO. 23-\n50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR\nUNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT\nEMPLOYEES, AND SUPERSEDING RESOLUTION 23-45\nAGENDA REPORT