Tustin — 2024-04-02

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. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (1 case) – related to the fire at the North Hangar owned by\nthe Navy and the release of hazardous materials therefrom

4. LIABILITY CLAIMS – [Government Code § 54956.95]: (7 cases)\nA. Claim No. 23-55, Claim of Salvador Morales\nB. Claim No. 23-57, Claim of Mercury OBO Rodolfo Saurez\n3/29/24, 2:33 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nC. Claim No. 23-65, Claim of Daniz Erkan\nD. Claim No. 24-02, Claim of Peyvand Alavizadeh\nE. Claim No. 24-06, Claim of Anthony Valdivia\nF. Claim No. 24-07, Claim of Karen Roebuck\nG. Claim No. 24-08, Claim of California General Underwriters\nInsurance Company

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

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government\nCode § 54956.8]: (4 cases)\nA. Property Address/Description: APN 430-481-02, 430-481-03, 430-\n481-04, 430-481-05 Agency: City of Tustin City Negotiators: Nicole\nBernard, Acting City Manager and Ryan Swiontek Acting Economic\nDevelopment Deputy Director Negotiating Parties: Irvine Company\nUnder Negotiation: Price and Terms of Payment\nB. Property Address/Description: APN 430-391-03, 27-29, 56, 58, 60-\n65, 79-81 Agency: City of Tustin City Negotiators: Nicole Bernard,\nActing City Manager and Ryan Swiontek Acting Economic\nDevelopment Deputy Director Negotiating Parties: Brookfield Homes\nSouthern California LLC Under Negotiation: Price and Terms of\nPayment\nC. Property Address/Description: 430-272-11, 430-272-13, 430-272-14,\n430-272-23, 430-272-24, 430-272-27 Agency: City of Tustin City\nNegotiators: Nicole Bernard, Acting City Manager and Ryan\nSwiontek, Acting Deputy Director of Economic Development\nNegotiating Parties: Sam’s West Inc. Under Negotiation: Price and\nTerms of Payment\nD. Property Address/Description: 430-272-04, 430-272-12, 430-272-14,\n430-272-24, 430-272-27, 430-272-28, 430-461-11 Agency: City of\nTustin City Negotiators: Nicole Bernard, Acting City Manager and\nRyan Swiontek, Acting Deputy Director of Economic Development\nNegotiating Parties: Topgolf International Under Negotiation: Price\nand Terms of Payment

7. LABOR NEGOTIATIONS - [Government Code § 54957.6]: Agency\nNegotiators: Derick Yasuda, Director of Human Resources and Peter\nBrown, Liebert Cassidy Whitmore Employee Organization: Tustin\nMunicipal Employees Association (TMEA) Employee Organization: Tustin\nPolice Officers Association-Management Unit (TPMA) Employee\nOrganization: Tustin Police Officers Association-Officer Unit (TPOA)\nEmployee Organization: Tustin Police Support Services Management\nAssociation (TPSSMA) Employee Organization: Tustin Police Support\nService Association (TPSSA) Employee Organization: Unrepresented\n3/29/24, 2:33 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nConfidential Employees Employee Organization: Unrepresented\nSupervisory Employees Employee Organization: Unrepresented\nExecutive Management and Management Employees Employee\nOrganization: Unrepresented Part-Time Employees

8. CONFERENCE WITH LABOR NEGOTIATOR – pursuant to Government\nCode § 54957.6: (1 case)\nA. Unrepresented Employee: City Manager Agency Representatives:\nDavid E. Kendig, City Attorney; Jacob Green and Greg Devereaux,\nJacob Green and Associates

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 $1,028,789.23 and $990,618.94 and Demands in\nthe amount of $11,170,314.69.

4. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public\nAffairs (TPA) have prepared a summary of state legislative activity.\nRecommendation: 1. Receive and file the updated legislative matrix as of\nMarch 20 2. Receive and file legislative updates prepared by TPA

5. HOUSING ELEMENT REZONE STATUS UPDATE In October 2021, the\nCity submitted its Housing Element 2021-2029 to the California\nDepartment of Housing and Community Development for review. After\nmaking revisions based upon State feedback, the City received\ncertification in September 2022 and the City Council adopted the State\nCertified Housing Element on October 4, 2022. The City of Tustin’s\nHousing Element (HE) must demonstrate the ability to meet the assigned\nhousing needs, established as part of the Regional Housing Needs\nAllocation (RHNA), through the provision of sites suitable for residential\ndevelopment over an eight-year period (2021 to 2029). To meet the\nassigned housing needs, the Housing Element identifies candidate sites\nthat are suitable for residential development and sites that are required to\nbe re-zoned to allow for housing development. The sites to be re-zoned\ninclude Enderle Center, Tustin Market Place and Tustin Legacy.\nRecommendation: It is recommended that the City Council receive and file\nthe report.

6. POLICE OFFICER HIRING INCENTIVE PROGRAM Staff is seeking City\nCouncil approval to implement a proposed Police Officer Hiring Incentive\nProgram to improve the City’s success in recruiting, hiring, and retaining\nlateral Police Officers.\nRecommendation: Authorize the City Manager, or her designee, to\nimplement a Police Officer Hiring Incentive Program.

7. DELEGATING AUTHORITY TO PERFORM LIABILITY CLAIMS\nADMINISTRATIVE FUNCTIONS AND DETERMINE ELIGIBILITY FOR\nCALPERS DISABILITY RETIREMENT Adoption of the attached\nResolutions will transfer the responsibility for performing liability claim\nadministrative functions and determining an employee’s eligibility for a\n3/29/24, 2:33 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nCalPERS disability retirement from the City Council to staff.\nRecommendation: Staff recommends that the City Council adopt the\nfollowing Resolutions: 1. Resolution No. 24-21 to delegate authority to the\nCity Manager or their designee to perform liability claim administrative\nfunctions; and 2. Resolution No. 24-22 to delegate authority to the City\nManager or their designee to make determinations on Local Safety\nemployee eligibility for a CalPERS disability retirement. RESOLUTION\nNO. 24-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER\nAUTHORITY TO HANDLE LIABILITY CLAIMS ADMINISTRATIVE\nFUNCTIONS RESOLUTION NO. 24-22 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING TO\nTHE CITY MANAGER AUTHORITY TO MAKE DISABILITY\nRETIREMENT DETERMINATIONS

8. CODE AMENDMENT 2024-0002 (ORDINANCE NO. 1536) – (CODE\nSTREAMLINING AND IMPROVEMENT PROGRAM) The City’s Strategic\nPlan identifies development streamlining as one of its goals. The\nproposed Code Amendment (CA) 2024-0002 is a City-initiated request to\namend Tustin City Code (TCC) Article 9 (Land Use) as part of the\nCommunity Development Department’s Code Streamlining and\nImprovement Program. The goal of the Code Streamlining and\nImprovement Program is to evaluate the City’s land use code and propose\namendments to sections that lack clarity, are outdated, or do not respond\nto current market trends. The proposed CA also streamlines the\nentitlement process in order to increase effectiveness and efficiency. The\nCommunity Development Department will continue to evaluate land use\nrelated codes and practices on a regular basis and will introduce\namendments when appropriate in the future. On February 27, 2024, the\nPlanning Commission adopted Resolution 4471 (Attachment A),\nrecommending that the City Council adopt Ordinance No. 1536, approving\nCA 2024-0002. The Planning Commission Minutes are provided as\nAttachment B for reference.\nRecommendation: That the City Council introduce and have a first\nreading, by title only, of Ordinance No. 1536, amending various sections\nof Article 9 (Land Use) of the TCC relating to the Code Streamlining and\nImprovement Program to provide clarity, consistency of terms and\ndefinitions, and compliance with State law. ORDINANCE NO. 1536 AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE 9 (LAND\nUSE) OF THE TUSTIN CITY CODE, CODE AMENDMENT (CA) 2024-\n0002 RELATING TO THE CODE STREAMLINING AND IMPROVEMENT\nPROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND\nDEFINITIONS, AND COMPLIANCE WITH STATE LAW.

9. 2023 YEAR IN REVIEW – COMMUNITY DEVELOPMENT DEPARTMENT\nThe 2023 Year in Review summarizes Community Development\nDepartment’s programs and activities conducted from January through\nDecember 2023. The 2023 Year in Review report highlights activities\nunder the following categories: * Current Planning - Industrial,\ncommercial, mixed-use, and residential development and projects under\nreview. * Advance Planning - General Plan and code amendments,\nhistoric preservation, and Community Development Block Grant activities.\n* Performance Metrics - Code Enforcement, Building Division, Planning\nDivision and Planning Concierge Services. * Streamline Tustin Initiative –\nSeveral program components and programs reducing project review time,\npermit issuance time, and more.\nRecommendation: That the City Council receive and file the report.