Date Item Type Item Description Info Location County City Meeting Type id
November 07, 2023 Closed Session Item 1 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) November 07, 2023 Closed Session Item # 1 Orange County Tustin City Council 65482037ec2a8990ed8e56f0
November 07, 2023 Closed Session Item 2 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) November 07, 2023 Closed Session Item # 2 Orange County Tustin City Council 65482037ec2a8990ed8e56ec
November 07, 2023 Closed Session Item 3 3. LABOR NEGOTIATIONS - [Government Code § 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Police Support Services Management Association (TPSSMA) Employee Organization: Tustin Police Support Service Association (TPSSA) November 07, 2023 Closed Session Item # 3 Orange County Tustin City Council 65482037ec2a8990ed8e56ef
November 07, 2023 Closed Session Item 4 4. LIABILITY CLAIMS – [Government Code § 54956.95]: (4 cases) A. Claim No. 23-22, Claim of Johnny McGee 11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm B. Claim No. 23-23, Claim of Johnny McGee Sr. C. Claim No. 23-47, Claim of Archie Danesh D. Claim No. 23-53, Claim of Amber Armbruster November 07, 2023 Closed Session Item # 4 Orange County Tustin City Council 65482037ec2a8990ed8e56f3
November 07, 2023 Closed Session Item 5 5. PUBLIC EMPLOYMENT Cal. Gov’t Code § 54957(b)(1) Title: City Manager November 07, 2023 Closed Session Item # 5 Orange County Tustin City Council 65482037ec2a8990ed8e56f6
November 07, 2023 Closed Session Item 6 6. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 Agency Negotiators: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources Position: Acting City Manager November 07, 2023 Closed Session Item # 6 Orange County Tustin City Council 65482037ec2a8990ed8e56f9
November 07, 2023 Item 1 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. November 07, 2023 Item # 1 Orange County Tustin City Council 65615c1dda1497e2566bf01f
November 07, 2023 Item 10 10. AMENDING THE CITY’S CLASSIFICATION AND COMPENSATION PLANS TO INCLUDE THE CLASSIFICATION OF PLANS EXAMINER Adoption of the attached Resolution will amend the City’s Classification and Compensation Plans to include the classification of Plans Examiner. Recommendation: Adopt Resolution No. 23-47 to amend the City's Classification and Compensation Plans. RESOLUTION NO. 23-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN TO INCLUDE THE CLASSIFICATION OF PLANS EXAMINER AGENDA REPORT November 07, 2023 Item # 10 Orange County Tustin City Council 65482037ec2a8990ed8e56f8
November 07, 2023 Item 11 11. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION AND THE TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION Adoption of the attached Resolutions and Memoranda of Understanding (MOU) will authorize terms and conditions of employment for employees in classifications represented by the Tustin Police Support Services Association (TPSSA) and the Tustin Police Support Services Management Association (TPSSMA) in accordance with City Council direction. Recommendation: Adopt Resolution No. 23-52 and Resolution No. 23-53 amending the City's Classification and Compensation Plans, approving an extended Memorandum of Understanding with TPSSA for the period of July 1, 2021 through June 30, 2027, and approving an extended Memorandum of Understanding with TPSSMA for the period of July 1, 2021 through June 30, 2027. RESOLUTION NO. 23-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 23-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE 11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES MANAGEMENT ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT AGENDA REPORT November 07, 2023 Item # 11 Orange County Tustin City Council 65482037ec2a8990ed8e56f7
November 07, 2023 Item 12 12. SUPPLEMENTAL MILITARY PAY AND BENEFITS Adoption of the attached Resolution will authorize the provision of Supplemental Military Pay and related benefits to employees who have been involuntarily called to Active Duty in the United States Armed Forces and have exhausted their paid Military Leave pursuant to State law. Recommendation: Adopt Resolution No. 23-54 to authorize staff to implement a policy on Supplemental Military Pay and benefits for City employees who meet specified criteria. RESOLUTION NO. 23-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR SUPPLEMENTAL MILITARY PAY AND BENEFITS FOR CITY EMPLOYEES INVOLUNTARILY CALLED TO ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES OF AMERICA AGENDA REPORT PUBLIC HEARING ITEM 13 November 07, 2023 Item # 12 Orange County Tustin City Council 65482037ec2a8990ed8e56f4
November 07, 2023 Item 13 13. SUBDIVISION MAP (SUB) 2023-0003/VESTING TENTATIVE TRACT MAP (VTTM) NO. 19164 FOR CONDOMINIUM PURPOSES, DESIGN REVIEW (DR) 2023-0019, FINAL APPROVAL OF RESIDENTIAL ALLOCATION RESERVATION (RAR) 2023-0001, DENSITY BONUS CONCESSION/WAIVER REQUESTS, DEVELOPMENT AGREEMENT (DA) 2023-0002 This project is a new, live/work and residential condominium development that would include thirty-five (35) residential condominium units and seven (7) live/work units, for a total of forty-two (42) units in six (6) buildings, including two (2) affordable units, on approximately two (2) acres. The applicant’s requests include consideration of a subdivision, design review, final approval of a residential allocation reservation, and density bonus requests, including the use of State Density Bonus Law parking standards, and a Development Agreement. On October 10, 2023, the City of Tustin Planning Commission held a public hearing on the proposed project and adopted Resolution Nos. 4478 and 4479, recommending that the City Council approve the above-referenced requests. Applicant: Karen Alves City Ventures Homebuilding, LLC 3121 Michelson Drive, Suite 150 Irvine, Ca 92612 Property Owner: Michael Kim Tustin Capital LLC 3701 Wilshire Blvd., Suite 820 Los Angeles, Ca 90010 Location: 14042 Newport Avenue (APN Nos. 432-074-07, 08 & 09) Recommendation: That the City Council: 1. Adopt Resolution No. 23-46, that approves the following: • SUB 2023-0003/VTTM No. 19164 to subdivide the property for condominium purposes to construct a total of forty-two (42) residential units, including seven (7) live/work units, on approximately two (2) acres site; • DR 2023-0019 for site layout and 11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm building design; • Final Approval of RAR 2023-0001 reserving thirty-five (35) base residential units; and • Density Bonus request with five (5) percent of units identified as very-low income housing with a request for density bonus of twenty (20) percent (35 base units, plus 7 density bonus units); one (1) concession to remove the requirement for full replacement of frontage improvements along El Camino Real; two (2) waivers to reduce the minimum required ground floor commercial development standards within the live/work units that include the interior depth from forty-five (45) feet to thirteen (13) feet eight (8) inches (13'-8") and first (1st) floor plate height of the live/work units from sixteen (16) feet to ten (10) feet one (1) inch (10'1"); and use of State Density Bonus Law parking standards, which allow tandem parking. 2. Introduce and have the first reading by title only of Ordinance No. 1538 for DA 2023-0002 to accept the provision of community public benefits, by including two (2) affordable housing units for very low-income households, payment of a voluntary workforce housing incentive program in-lieu fee, and provision of a 1,392 square foot public amenity space. RESOLUTION NO. 23-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING SUBDIVISION 2023-0003/VESTING TENTATIVE TRACT MAP 19164 FOR RESIDENTIAL CONDOMINIUM PURPOSES, DESIGN REVIEW 2023-0019, FINAL APPROVAL OF RESIDENTIAL ALLOCATION RESERVATION 2023-0001, DENSITY BONUS CONCESSION AND WAIVER REQUESTS TO CONSTRUCT A NEW, LIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM UNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY- TWO (42) UNITS IN SIX (6) BUILDINGS, INCLUDING TWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES AT 14042 NEWPORT AVENUE ORDINANCE NO. 1538 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2023-0002 BETWEEN THE CITY OF TUSTIN AND CITY VENTURES HOMEBUILDING, LLC TO ACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC BENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS FOR VERY- LOW INCOME HOUSEHOLDS, PAYMENT OF VOLUNTARY WORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE, AND A 1,392 SQUARE FOOT PUBLIC AMENITY SPACE FOR A NEW, LIVE/WORK AND RESIDENTIAL CONDOMINIUM DEVELOPMENT PROJECT THAT WOULD INCLUDE THIRY-FIVE (35) RESIDENTIAL CONDOMINIUM UNITS AND SEVEN (7) LIVE/WORK UNITS, FOR A TOTAL OF FORTY TWO (42) UNITS IN SIX BUILDINGS, INCLUDING TWO (2) AFFORDABLE UNITS, ON APPROXIMATELY TWO (2) ACRES AT 14042 NEWPORT AVENUE AGENDA REPORT REGULAR BUSINESS ITEMS 14-17 November 07, 2023 Item # 13 Orange County Tustin City Council 65482037ec2a8990ed8e56f5
November 07, 2023 Item 14 14. CITY OF TUSTIN 2023 WATER MASTER PLAN The Water Master Plan (WMP) is a detailed engineering report that analyzes the City’s water system by evaluating existing infrastructure, identifying water supply and demand characteristics while updating the City’s water system hydraulic model (Model). The Model helps define water systems operational criteria such as peak and average day water demands, water pressures, 11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm velocities and age. Additionally, emergency criteria and test operational scenarios are evaluated and supported by the Model which helps shape findings, conclusions, and recommendations that build a 20-year Capital Improvement Plan necessary to maintain the City’s reliability in delivering potable water. A comprehensive presentation will be provided during the City Council meeting. Recommendation: It is recommended that the City Council receive and file the City of Tustin Water Master Plan. AGENDA REPORT November 07, 2023 Item # 14 Orange County Tustin City Council 65482037ec2a8990ed8e56ed
November 07, 2023 Item 15 15. LOCAL REUSE AUTHORITY – LEGACY REDEVELOPMENT UPDATE DISCUSSION ITEM Discussion and consideration by the City Council acting in its capacity as the Local Reuse Authority (LRA) for former Marine Corps Air Station (MCAS) Tustin whether to hold an LRA public meeting to receive updates from participating public agencies on redevelopment at Tustin Legacy in Quarter 1 of 2024. Recommendation: Pleasure of the City Council. AGENDA REPORT November 07, 2023 Item # 15 Orange County Tustin City Council 65482037ec2a8990ed8e56ee
November 07, 2023 Item 16 16. AUTHORIZING THE TEMPORARY POST-RETIREMENT EMPLOYMENT OF SHARON MCCANN AS POLICE RECORDS LEAD Adoption of the attached Resolution will authorize the City to employ Sharon McCann on a temporary part-time basis in the retired annuitant position of Property and Evidence Specialist sooner than 180 days after her retirement. Recommendation: Adopt Resolution No. 23-51 authorizing the City to employ Sharon McCann on a temporary part-time basis in the retired annuitant position of Police Records Lead immediately after her retirement. RESOLUTION NO. 23-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE POST-RETIREMENT EMPLOYMENT OF SHARON MCCANN AS A POLICE RECORDS LEAD SOONER THAN 180 DAYS AFTER RETIREMENT AGENDA REPORT November 07, 2023 Item # 16 Orange County Tustin City Council 65482037ec2a8990ed8e56f2
November 07, 2023 Item 17 17. APPROVAL OF AMENDMENT NO. 6 TO EMPLOYMENT AGREEMENT WITH NICOLE M. BERNARD TO SERVE AS ACTING CITY MANAGER This agenda item calls for the City Council to consider approval of Amendment No. 6 to the Employment Agreement with Nicole M. Bernard to serve as Acting City Manager. Recommendation: City Council discretion. AGENDA REPORT OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS 11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm November 07, 2023 Item # 17 Orange County Tustin City Council 65482037ec2a8990ed8e56f1
November 07, 2023 Item 2 2. APPROVAL OF MINUTES - THE REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 17, 2023 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON OCTOBER 27, 2023. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on October 17, 2023 and the Special Closed Session Meeting of the City Council held on October 27, 2023. AGENDA REPORT 11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm November 07, 2023 Item # 2 Orange County Tustin City Council 65615c1dda1497e2566bf021
November 07, 2023 Item 3 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: It is recommended that the City Council approve Payroll in the amount of $1,010,092.32 and Demands in the amount of $3,899,212.42. AGENDA REPORT November 07, 2023 Item # 3 Orange County Tustin City Council 65482037ec2a8990ed8e5701
November 07, 2023 Item 4 4. AFFORDABLE HOUSING GRANT AGREEMENT - FAMILIES FORWARD Request for authorization to enter into an Affordable Housing Grant Agreement ("Grant Agreement") with Families Forward and approve a fund appropriation to construct six-to-eight affordable rental units utilizing Inclusionary Housing Fee Funds. Recommendation: The Tustin Housing Authority Commissioners take the following action: Approve the Affordable Housing Grant Agreement between Families Forward and the City of Tustin and Tustin Housing Authority. The City Council take the following actions: *Authorize the Acting City Manager and Acting Housing Authority Executive Director to execute the Grant Agreement between Families Forward and the City of Tustin and Tustin Housing Authority for the construction of six-to-eight affordable housing units subject to modifications and amendments as may be approved by the Acting City Manager/Acting Housing Authority Executive Director, and in a form approved by the City Attorney, consistent with the purposes of this Grant Agreement; and *Appropriate $2,100,000 from the Inclusionary Housing Fee Fund (Fund 577). AGENDA REPORT November 07, 2023 Item # 4 Orange County Tustin City Council 65482037ec2a8990ed8e56ff
November 07, 2023 Item 5 5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDING SEPTEMBER 30, 2023 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. AGENDA REPORT November 07, 2023 Item # 5 Orange County Tustin City Council 65482037ec2a8990ed8e56fe
November 07, 2023 Item 6 6. AWARD CONTRACT FOR THE TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 2 INFRASTRUCTURE (CIP NO. 70256) CONSTRUCTION PROJECT - PACKAGE #1 AND THE CIVIL PORTION OF THE WORK FOR THE SOUTH HANGAR RENOVATION (CIP NO. 10076) Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Tustin Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No. 70256) Construction Project - Package #1 and the civil portion of the work for South Hangar Renovation (CIP No. 10076) to Boudreau Pipeline Corporation ("Boudreau"). This project involves construction elements 11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm associated with five projects in the City’s Capital Improvement Program that are required to advance construction of Neighborhood D South, Tustin Legacy Park from Armstrong Avenue to Warner Avenue and future pedestrian bridges over Armstrong and Warner Avenue. Recommendation: It is recommended that the City Council: 1. Award a construction contract in the amount of $8,771,596, for the Tustin Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No. 70256) Construction Project - Package #1 and the civil portion of the work for South Hangar Renovation (CIP No. 10076) to Boudreau Pipeline Corporation as the lowest responsive and responsible bidder, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; 2. Appropriate $3,500,000 from Land Sale Proceeds Fund (Fund 189) for the Neighborhood D South Phase 2 Improvements Project (CIP 70256); 3. Appropriate $550,000 from the Backbone Program Fund (Fund 187) for the Armstrong Avenue Pedestrian Bridge Improvements Project (CIP 70257); and 4. Appropriate $520,000 from the Backbone Program Fund (Fund 187) for the Warner Avenue Pedestrian Bridge Improvements Project (CIP 70260). AGENDA REPORT November 07, 2023 Item # 6 Orange County Tustin City Council 65482037ec2a8990ed8e56fc
November 07, 2023 Item 7 7. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON COMPANY OVER A PORTION OF LOT B OF TR 18197 FOR THE RELOCATION OF EXISTING TRANSFORMER IN CONFLICT WITH PROPOSED JOHN JOHNSON WAY AT TUSTIN LEGACY The future construction of John Johnson Way in Neighborhood D South at Tustin Legacy necessitates the provision of easements for the relocation of an existing SCE transformer that is in conflict with the proposed roadway. Underground electrical supply systems and communication systems are to be subsequently provided. Recommendation: It is recommended that the City Council authorize the Mayor to execute the grant of easement to Southern California Edison ("SCE") as shown on the attached easement document exhibits for the purposes of installation and maintenance of the systems as outlined in the attached easement documents; and authorize the City Manager to approve any future modifications to the proposed grants of easement which may be necessary to meet the intent of relocating the existing transformer. AGENDA REPORT November 07, 2023 Item # 7 Orange County Tustin City Council 65482037ec2a8990ed8e56fd
November 07, 2023 Item 8 8. APPROVAL OF JOINT USE AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT FOR HEIDEMAN SCHOOL PARK Approval of the Joint Use Agreement between the City of Tustin and Tustin Unified School District for the Heideman School Park project. Recommendation: Authorize the Mayor and the City Clerk to execute the Community Recreation Joint Use Agreement with the Tustin Unified School District (TUSD) for the design, construction, and operation of the Heideman School Park project. AGENDA REPORT 11/3/23, 12:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm November 07, 2023 Item # 8 Orange County Tustin City Council 65482037ec2a8990ed8e56fb
November 07, 2023 Item 9 9. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the attached Resolution will update the Executive Management and Management Salary Resolution to amend the compensation provided to employees in the classification of Police Chief and Deputy Police Chief. Recommendation: Adopt Resolution No. 23-50 to update the Executive Management and Management Salary Resolution. RESOLUTION NO. 23- 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 23-45 AGENDA REPORT November 07, 2023 Item # 9 Orange County Tustin City Council 65482037ec2a8990ed8e56fa