Tustin — 2024-06-18

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (1 case)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nInitiation of litigation pursuant to Government Code § 54956.9(d)(4): (1\ncase)

3. 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–Management Unit\n(TPMA) Employee Organization: Tustin Police Officers Association–Officer\nUnit (TPOA) Employee Organization: Tustin Police Support Services\nManagement Association (TPSSMA) Employee Organization: Tustin\nPolice Support Service Association (TPSSA) Employee Organization:\n6/14/24, 2:23 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nUnrepresented Confidential Employees Employee Organization:\nUnrepresented Supervisory Employees Employee Organization:\nUnrepresented Executive Management and Management Employees

4. 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

5. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §\n54957): Consultation with: Tustin Police Department, Stu Greenberg,\nPolice Chief; Orange County Fire Authority, Scott Wiedensohler, Division\nChief

6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\npursuant to Government Code § 54956.9(a): (1 case)\nA. Jose Melgoza Gallardo, Jose Ortiz Gallardo Jr, Kepha Gallardo vs\nthe City of Tustin Case No. 30-2022-01257224-CU-PA-CJC\nREGULAR MEETING OF\nTHE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00\nP.M.

10. RESOLUTION DECLARING ASSESSOR’S PARCEL NUMBER 430-021-\n30 AS SURPLUS LAND Resolution 24-36 will declare Assessor’s Parcel\nNumbers (APN) 434-021-30 as surplus land pursuant to California\nGovernment Code Section 54221.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Adopt Resolution 24-36: A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING\nCERTAIN REAL PROPERTY COMPRISED OF ASSESSOR'S PARCEL\nNUMBER 434-021-30 AS SURPLUS LAND PURSUANT TO\nCALIFORNIA GOVERNMENT CODE SECTION 54221. 2. Authorize the\nCity Manager to circulate a Notice of Availability and submit the\nappropriate documentation to the California Department of Housing and\nCommunity Development (HCD) in connection with the Resolution.\nRESOLUTION 24-36 A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL\nPROPERTY COMPRISED OF ASSESSOR'S PARCEL NUMBER 434-\n021-30 AS SURPLUS LAND PURSUANT TO CALIFORNIA\nGOVERNMENT CODE SECTION 54221.

11. LIMITED WAIVER OF VESTED RIGHTS PURSUANT TO\nDEVELOPMENT AGREEMENT (DA) 2023-0002 On November 21, 2023,\nthe City Council approved DA 2023-0002 in conjunction with a proposed\ndevelopment of 42 residential units including seven (7) live-work units and\n35 residential condominium units, with two (2) units being affordable to\nvery-low income households, at 14042 Newport Avenue. The\ndevelopment is located in the Downtown Commercial Core Specific Plan\n(DCCSP). As required by Tustin City Code (TCC), the proposed\n6/14/24, 2:23 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\ndevelopment must include affordable housing on-site and payment of in-\nlieu fee for one-half of the base units provided on-site. On March 5, 2024,\nthe City Council adopted a policy to temporarily suspend the requirement\nto pay an affordable housing in-lieu fee in conjunction with development\nproposals in the DCCSP and Red Hill Avenue Specific Plan (RHASP) for\n36 months. KB HOME Cal Management Services LLC (KB Home) is\nrequesting a limited waiver of vested rights pursuant to DA 2023-0002 to\nretroactively apply the suspension of the requirement to pay an affordable\nhousing in-lieu fee to their project.\nRecommendation: It is recommended that the City Council grant KB\nHome a limited waiver of vested rights pursuant to DA 2023-0002 and\ndetermine that the current suspension of affordable housing in-lieu fees\nfor residential projects within the DCCSP and RHASP is retroactively\napplicable to the project associated with DA 2023-0002.

12. REPORT ON EMERGENCY PURCHASE CONTRACTS RELATED TO\nTHE NAVY NORTH HANGAR FIRE INCIDENT This report summarizes\nthe circumstances of the emergency related to the Navy’s North Hangar\nFire and summarizes the contracts procured by the City in response to\nthose emergency circumstances.\nRecommendation: Receive and file.

13. UPDATE TO THE PROPOSED PURCHASING POLICY AMENDMENTS\nThis item provides an update on the status and timeline of the proposed\namendments to the City of Tustin Municipal Code Section 1621-1630,\nwhich contains the City’s purchasing policy and procedures.\nRecommendation: Receive and file

14. RESOLUTION DETERMINING THE NEED TO CONTINUE THE\nPROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH\nHANGAR At its meeting on November 10, 2023, the City Council ratified\nthe Acting City Manager’s Proclamation of Local Emergency related to the\nfire at the Navy’s North Hangar and release of chemicals of public health\nconcern, including asbestos. At a special meeting of the City Council on\nJanuary 9, 2024, and at its regular meetings on March 5, 2024, April 16,\n2024 and June 4, 2024 the Council reviewed and determined the need to\ncontinue the local emergency. This item recommends that the City Council\nonce again review and determine that the need exists to continue the local\nemergency, as required by State law.\nRecommendation: It is recommended that the City Council adopt\nResolution 24-46 determining the need exists to continue the local\nemergency related to the fire and release of chemicals of public health\nconcern from the Navy's North Hangar, in the form attached hereto as\nAttachment 5. RESOLUTION 24-46 A RESOLUTION OF THE CITY\n6/14/24, 2:23 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE\nNEED TO CONTINUE LOCAL EMERGENCY RELATED TO FIRE AND\nRELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH\nHANGAR

15. AWARD OF CONTRACT FOR THE CONSTRUCTION OF CIVIC\nCENTER ALTERNATE POWER SOURCE PROJECT (CIP No. 10069)\nBids for the Civic Center Alternate Power Source Project (CIP No. 10069)\nhave been received and a construction contract is ready to be awarded to\nthe lowest responsive/responsible bidder, R2B Engineering ("R2B").\nRecommendation: It is recommended that the City Council: 1. Deny the\nbid protest submitted by M.S. Construction Management Group\n("MSCMG") as to R2B; 2. Deny the bid protest submitted by Woodcliff\nCorporation ("Woodcliff") as to R2B; 3. Award the construction contract to\nR2B, the lowest responsive/responsible bidder, in the amount of\n$3,892,440, and authorize the Mayor and the City Clerk to execute the\ncontract documents on behalf of the City.

16. APPROVAL OF RESOLUTION 24-47 TO AUTHORIZE EXECUTION OF\nALL DOCUMENTS NECESSARY TO EFFECTUATE THE PURCHASE\nAND THEN SALE OF THE AFFORDABLE HOUSING UNIT AT 133\nLIBERTY STREET The Tustin Housing Authority ("Authority") is seeking\napproval of Resolution 24-47 authorizing the City Manager or his\ndesignee, to execute all agreements and documents necessary to\neffectuate the purchase and then sale of the moderate income affordable\nhousing unit at 133 Liberty Street.\nRecommendation: It is recommended that the City Council adopt\nResolution 24-47 in the form attached as Attachment 1, authorizing the\nCity Manager, or his designee, to execute all agreements and documents\nnecessary or appropriate to effectuate the purchase and then the sale of\nthe moderate income affordable housing unit at 133 Liberty Street.\nRESOLUTION 24-47 A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER,\nOR HIS DESIGNEE, TO EXECUTE ALL AGREEMENTS AND\nDOCUMENTS NECESSARY TO EFFECTUATE THE PURCHASE AND\nTHEN SALE OF THE AFFORDABLE HOUSING UNIT AT 133 LIBERTY\nSTREET

17. ADOPTION OF A RESOLUTION UPDATING THE COMPREHENSIVE\nFEE SCHEDULE The City’s Comprehensive User Fee Study, completed\nin May 2021, determined the cost of providing governmental services and\nensured that user fees and charges did not exceed the costs of providing\nthese services at that time. Industry best practices recommend that user\nfees be reviewed and updated annually to ensure they remain consistent\n6/14/24, 2:23 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nwith the cost of living and reflect any operational changes. Staff has\ncompleted this annual review and compiled an updated user fee schedule\n(Attachment 1). Staff recommends that the City Council hold a public\nhearing to consider the adoption of the updated fees, which, if approved,\nwill take effect on September 1, 2024.\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. 24-42, Establishing and Adopting Updated Development\nProcessing Fees and Other City Rates, Charges, and User Fees for\nVarious Government Services. RESOLUTION NO. 24-42 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

18. ADOPTION OF FISCAL YEAR 2024-2025 BUDGET AND GANN\nAPPROPRIATION LIMIT On May 21, 2024, the City Council held a budget\nworkshop to discuss the second-year update to the Fiscal Year 2023-2025\nBiennial Operating Budget and Capital Improvement Program for Fiscal\nYear 2024-2025. This update continues to allocate resources to fulfill City\nCouncil’s priorities. This report provides two budget options for the\nCouncil’s consideration. The Council may adopt the proposed Fiscal Year\n2024-2025 budget, selecting either Option A or Option B, along with the\ncorresponding resolution. Budget Options for Consideration June 18,\n2024: Option A: Fund 189 Land Sale Proceeds reimburses $3 million to\nFund 100 General Fund for the Civic Center Emergency Generator\nProject. Option B: Keep Fund 100 General Fund as the primary funding\nsource for the Emergency Generator Project. Apart from the $3 million\nitem outlined above, both options support identical projects, programs,\nservices, staffing, fees, and personnel compensation levels.\nRecommendation: 1. Adopt Resolution No. 24-45 (Option A) or Resolution\nNo. 24-45 (Option B), Adopting the Second-Year update to the 2023-2025\nBiennial Budget and Related Documents for Fiscal Year 2024-2025; 2.\nSelect the change in per Capita Personal Income of the preceding year as\nthe price factor for adjusting the Fiscal Year 2024-2025 GANN\nAppropriation Limit; 3. Adopt Resolution No. 24-41 setting the\nappropriation limit for the Fiscal Year 2024-2025 at $123,083,568; 4.\nAdopt Tustin Housing Authority Resolution No. 24-01, Adopting the\nHousing Authority Budget for Fiscal Year 2024-2025; 5. Adopt Resolution\nNo. 24-44, Updating the Citywide Salary Schedule and the Position\nControl Schedule consistent with the Proposed Budget for Fiscal Year\n2024-2025; and, 6. Adopt Resolution No. 24-35, Providing for additional\ncompensation for exempt employees in extraordinary circumstances. A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ADOPTING THE SECOND YEAR UPDATE TO THE 2023-\n2025 BIENNIAL BUDGET AND RELATED DOCUMENTS FOR FISCAL\nYEAR 2024-2025 RESOLUTION NO. 24-41 A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\n6/14/24, 2:23 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nDETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE\nFISCAL YEAR 2024-2025 IN ACCORDANCE WITH ARTICLE XIII B OF\nTHE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION\n7910 OF THE GOVERNMENT CODE TUSTIN HOUSING AUTHORITY\nRESOLUTION NO. 24-01 A RESOLUTION OF THE TUSTIN HOUSING\nAUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE\nHOUSING AUTHORITY BUDGET FOR FISCAL YEAR 2024-2025\nRESOLUTION NO. 24-44 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, UPDATING THE CITYWIDE\nSALARY SCHEDULE AND THE POSITION CONTROL SCHEDULE\nRESOLUTION NO. 24-35 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR ADDITIONAL\nCOMPENSATION FOR EXEMPT EMPLOYEES IN EXTRAORDINARY\nCIRCUMSTANCES

19. ADOPTION OF RESOLUTION SUBMITTING AN INITIATIVE MEASURE\nTO THE VOTERS AT THE NOVEMBER 5, 2024, CONSOLIDATED\nELECTIONS REVISING THE CITY’S TERM LIMITS REGULATIONS In\naccordance with the City Council’s prior direction, a Resolution is\npresented that, if approved, would place an initiative measure before\nTustin’s voters at the November 5, 2024, election to revise the City’s\nordinance limiting the terms that may be served by City Council members\nand the Mayor. The City Council is also asked to consider designating\none or more members of the Council to author arguments for inclusion\nwith the voter pamphlet when the term limit item is considered by the\nvoters.\nRecommendation: That the City Council: 1. Consider adoption of a\nresolution submitting to the voters at the General Municipal Election the\ninitiative measure revising the term limit regulations of the City; and 2.\nConsider whether to designate a member or members of the City Council\nto author the argument in favor of the measure, and if so, identify the\ndesignated author or authors; and 3. Adopt one of the following forms of\nResolution 24-40: • Option 1- Resolution 24-40 NOT INCLUDING a\ndesignation of specific Council member(s) to prepare arguments related to\nthe term limit measure (Attachment 1); or • Option 2- Resolution 24-40\nINCLUDING a designation of specific Council member(s) to prepare\narguments related to the term limit measure (Attachment 2).\nRESOLUTION NO. 24-40 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN PROPOSING AND SUBMITTING TO THE\nVOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE\nCONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION TO\nBE HELD ON NOVEMBER 5, 2024, A PROPOSAL TO ADOPT AN\nINITIATIVE ORDINANCE REVISING THE LIMITATIONS ON\nCONSECUTIVE TERMS OF OFFICE FOR THE MAYOR AND MEMBERS\nOF THE CITY COUNCIL; DIRECTING THE CITY ATTORNEY TO\nPREPARE AN IMPARTIAL ANALYSIS; AND AUTHORIZING AND\nSETTING DEADLINES FOR THE FILING OF ARGUMENTS FOR OR\nAGAINST THE BALLOT MEASURE

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 $999,854.35 and Demands in the amount of\n$7,654,224.92.

4. POLICE DEPARTMENT VEHICLE PURCHASE The Tustin Police\nDepartment currently has three (3) leased vehicles in our possession\n(2021 Toyota Tundra, 2021 Toyota Tacoma, and 2021 Toyota Camry)\nassigned to the Criminal Investigations Unit and Community Relations\nUnit. The lease for the 2021 Toyota Tundra matures on July 1, 2024, the\nlease for the 2021 Toyota Tacoma matures on July 13, 2024, and the\nlease for the 2021 Toyota Camry matures on July 19, 2024. These three\n(3) vehicles will need to be retained or replaced due to the needs of the\nCriminal Investigations Unit and Community Relations Unit. Based on the\nexpected payoff of the vehicles, we would be able to purchase all three (3)\nvehicles for a fraction of the retail price.\nRecommendation: It is recommended the City Council authorize: 1. The\npurchase of the 2021 Toyota Tundra from Toyota Financial Services at the\nend of the lease, July 1, 2024, in the amount of $38,173.90, including sale\ntax and DMV fee. 2. The purchase of the 2021 Toyota Tacoma from\nToyota Financial Services at the end of the lease, July 13, 2024, in the\namount of $28,928.75, including sales tax and DMV fee. 3. The purchase\nof the 2021 Toyota Camry from Toyota Financial Services at the end of the\nlease, July 19, 2024, in the amount of $16,256.92, including sales tax and\nDMV fee. 4. Declare, in accordance with the Tustin City Code - Section\n1630a (2), 2012 Dodge Caravan (Unit #3526, VIN -\n2C4RDGBG2CR265074), previously assigned to the Gang Unit, as\nsurplus and not required for public use and authorize the sale at the next\npublic auction, crediting net proceeds to applicable City revenue fund.

5. ADOPT RESOLUTION NO. 24-37 TO CALL AND CONSOLIDATE THE\nNOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION Adoption of the\nproposed resolution will call the election and consolidate election services\nwith the County of Orange.\nRecommendation: Adopt Resolution No. 24-37, ordering, calling and\ngiving notice of a General Municipal Election to be held on Tuesday,\n6/14/24, 2:23 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nNovember 5, 2024, and requesting the Board of Supervisors consolidate\nthe election with the State's General Election. RESOLUTION NO. 24-37 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN\nCALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL\nELECTION TO BE HELD IN THE CITY OF TUSTIN ON NOVEMBER 5,\n2024, FOR ELECTION OF CERTAIN OFFICERS AND REQUESTING\nTHE BOARD OF SUPERVISORS OF ORANGE COUNTY TO\nCONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE\nSTATE'S GENERAL ELECTION

6. NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION CANDIDATE\nSTATEMENT REGULATIONS Adoption of the proposed resolution will\nestablish the Candidate Statement regulations for the November 5, 2024,\nGeneral Municipal Election.\nRecommendation: That the City Council adopt Resolution 24-38\nestablishing regulations for Candidate Statements to be submitted to the\nelectorate in the November 2024 General Municipal Election.\nRESOLUTION NO. 24-38 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR\nCANDIDATES FOR CITY COUNCIL PERTAINING TO CANDIDATE\nSTATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE\nHELD ON TUESDAY, NOVEMBER 5, 2024

7. AWARD OF CONTRACTS FOR ANNUAL LANDSCAPE MAINTENANCE\nSERVICES FOR THE GENERAL FUND CITY/WATER FACILITIES AND\nTHE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Staff is requesting\nthe City Council award landscape maintenance services contracts for the\nGeneral Fund City/Water Facilities and Tustin Landscape and Lighting\nDistrict (TLLD), covering an initial term, beginning July 1, 2024, through\nJune 30, 2025 with an option for three additional one year extensions at\nthe City’s sole discretion.\nRecommendation: It is recommended that the City Council award two\nlandscape maintenance services contracts to Mariposa Landscapes, Inc.\nfor the General Fund City/Water Facilities in the amount of $1,628,100.24\nannually and for the Tustin Landscape and Lighting District in the amount\nof $315,312.00 annually, and authorize the Mayor and the City Clerk to\nexecute the contract documents on behalf of the City.

8. APPROVE THE ANNUAL OC GO (MEASURE M2) ELIGIBILITY\nSUBMITTAL PACKAGE, FISCAL YEAR 2024-2025 In 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\n6/14/24, 2:23 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nImprovement Program (CIP) (Fiscal Year 2024-2025 through Fiscal Year\n2030-2031, Attachment "B" of the M2 Eligibility Package); and 2.Authorize\nthe Director of Public Works to submit the City of Tustin's Measure M2\neligibility package to the OCTA.

9. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE\nADVERTISEMENT FOR BIDS FOR THE JOHN LYTTLE RESERVOIR\nIMPROVEMENTS PROJECT, CIP NO. 60148 The plans and\nspecifications for the John Lyttle Reservoir Improvements Project (CIP No.\n60148) have been prepared and the project is now ready for bid.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution No. 24-43 approving the plans and specifications for the John\nLyttle Reservoir Improvements Project (CIP No. 60148); and 2. Authorize\nthe City Clerk to advertise to receive bids. A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS\nAND SPECIFICATIONS FOR THE JOHN LYTTLE RESERVOIR\nIMPROVEMENTS PROJECT, CIP NO. 60148 AND AUTHORIZING\nADVERTISEMENT FOR BIDS