Tustin — 2024-09-17

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (3 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. LABOR NEGOTIATIONS - [Government Code § 54957.6]: Agency\nNegotiators: Derick Yasuda, Director of Human Resources and Peter\nBrown, Liebert Cassidy Whitmore Employee Organizations: Tustin\nMunicipal Employees Association Tustin Police Officers Association-\nManagement Unit Tustin Police Officers Association-Officer Unit Tustin\n9/13/24, 2:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nPolice Support Services Management Association Tustin Police Support\nService Association Unrepresented Confidential Employees\nUnrepresented Supervisory Employees Unrepresented Executive\nManagement and Management Employees Unrepresented Part-Time\nEmployees

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Government\nCode § 54956.8: (2 cases)\nA. Property Address/Description: APN 430-272-11, 430-272-13, 430-\n272-14, 430-272-23, 430-272-24, 430-272-27 Agency: City of Tustin\nCity Negotiators: Aldo E. Schindler, City Manager; Nicole Bernard,\nAssistant City Manager; Ryan Swiontek, Deputy Director of Real\nProperty; Ken Piguee, Real Property Manager Negotiating Parties:\nSam’s West Inc. Under Negotiation: Price and Terms of Payment\nB. Property Address/Description: APN 430-481-13, 430-481-14, 430-\n481-15 Agency: City of Tustin City Negotiators: Aldo E. Schindler,\nCity Manager; Nicole Bernard, Assistant City Manager; Ryan\nSwiontek, Deputy Director of Real Property; Ken Piguee, Real\nProperty Manager Negotiating Parties: Mariners Church Under\nNegotiation: Price and Terms of Payment

10. ORDINANCE NO. 1546 AMENDING WASTE REDUCTION AND\nRECYCLING PROGRAM REQUIREMENTS Ordinance No. 1546 amends\nSection 4351 of the Tustin City Code to simplify the collection of deposits\nassociated with the City’s Waste Reduction and Recycling Program for\nconstruction and demolition debris.\nRecommendation: That the City Council introduce and have the first\nreading by title only of Ordinance No. 1546 and set the second reading at\nthe City Council’s next scheduled meeting.Fiscal Impact: All revenue and\nexpenses associated with the Waste Reduction and Recycling Program\nare administered through the Solid Waste Fund (Fund 171) and fluctuate\nbased on construction activity throughout the community. The proposed\nOrdinance will reduce the revenue generated from the construction of new\nsingle-family detached homes since only one $50 permit application fee\nwill be collected rather than three. However, there will be a significant\nsaving of staff time in both the Public Works and Finance Departments to\ncollect and refund deposits. ORDINANCE NO. 1546 AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 4,\nCHAPTER 3, PART 5 OF THE TUSTIN CITY CODE REGARDING\nWASTE DISPOSAL AND DIVERSION REQUIREMENTS FOR\nCONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS\nWITHIN THE CITY

11. AUTHORITY TO SETTLE GENERAL, EMPLOYMENT, AND\nAUTOMOTIVE LIABILITY CLAIMS Adoption of the attached Resolution\nwill clarify that the City Manager may appoint a designee to authorize the\nsettlement of general, employment, and automotive liability claims.\nRecommendation: Adopt Resolution No. 24-53 to clarify staff’s authority to\nsettle general, employment, and automotive liability claims up to\n$50,000Fiscal Impact: There’s no fiscal impact associated with this report.\nRESOLUTION NO. 24-53 A RESOLUTION OF THE CITY COUNCIL OF\n9/13/24, 2:13 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nTHE CITY OF TUSTIN, CALIFORNIA, INCREASING THE AUTHORITY\nOF THE DIRECTOR OF HUMAN RESOURCES, CITY MANAGER, AND\nCITY ATTORNEY TO SETTLE GENERAL, EMPLOYMENT, AND\nAUTOMOTIVE LIABILITY CLAIMS

12. DECLARATION OF SURPLUS EQUIPMENT The City has accumulated a\ncollection of obsolete and/or damaged equipment, including but not limited\nto desktop and laptop computers, access points, servers, network\nequipment, camera equipment, printers, scanners, tablets, and phone\ndevices that are no longer functional or needed for public use.\nRecommendation: 1. Declare the listed equipment as surplus and not\nrequired for public use; and, 2. Authorize staff to sell serviceable\nequipment and dispose of assets beyond repair. Fiscal Impact: Surplus\nproperty with salvage value will be sent to auction, and the proceeds from\nthe sale will be deposited into the Information Technology Fund.

13. DESIGNATION OF VOTING DELEGATES AND ALTERNATES - LEAGUE\nOF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR\nOCTOBER 16-18, 2024 (LONG BEACH) In order to vote at the Annual\nBusiness Meeting, the City Council must designate a voting delegate and\nup to two alternate voting delegates, one of whom may vote in the event\nthat the designated voting delegate is unable to serve in that capacity.\nRecommendation: It is recommended that the City Council designate the\nfollowing: o Voting Delegate: Council Member Rebecca "Beckie" Gomez o\nAlternate: Council Member Ray Schnell Fiscal Impact: The voting\ndelegate and alternate are required to be registered to attend the\nconference and be present in order to cast a vote; therefore, the fiscal\nimpact is limited to the cost of the conference registration.

14. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT,\n“E-BIKES, FRIEND OR FOE” On June 13, 2024, the City received the\nOrange County Grand Jury report titled “E-bikes, Friend or Foe” which\nexamined the impact of E-bikes on Orange County communities, focusing\non regulation, education, and safety. The Grand Jury report requires the\nCity to respond to three findings and three recommendations outlined in\nthe report. Pursuant to California Penal Code 933.05(a) and (b), the City’s\nresponse must be submitted to the Presiding Judge of the Superior Court\nby September 19, 2024, unless an extension is granted.\nRecommendation: It is recommended that the City Council review and\napprove the proposed response to the 2023-2024 Orange County Grand\nJury report titled “E-bikes, Friend or Foe” in the form attached.Fiscal\nImpact: There’s no fiscal impact associated with this report.

15. ESTABLISHING A SUBCOMMITTEE OF THE CITY COUNCIL TO\nADVISE THE COUNCIL ON TUSTIN LEGACY MATTERS At its August\n20, 2024, meeting, the City Council directed City staff to agendize\nconsideration of a standing Council Subcommittee focused on Tustin\nLegacy matters.\nRecommendation: It is recommended that the City Council establish a\nSubcommittee of the City Council to advise the Council on Tustin Legacy\nmatters as described further within this staff report. Fiscal Impact:\nAdditional public meetings would utilize existing resources and are\nexpected to incur nominal additional expense to the City.

16. CODE AMENDMENT 2024-0004 (ORDINANCE NO. 1543) –\n(ORDINANCE UPDATES RELATIVE TO THE IMPLEMENTATION OF\nTHE 6TH CYCLE 2021-2029 HOUSING ELEMENT) Code Amendment\n2024-0004 is a City-initiated request to amend various sections of Article 9\n(Land Use) of the Tustin City Code to implement the following programs of\nthe City’s adopted Housing Element of the General Plan: * Program 1.5(a)\n– This amendment will streamline the requirements for triplexes in the R-2\nand R-3 zones and for residential uses Citywide in all zones by removing\nthe Conditional Use Permit requirements. * Program 2.1(a) – This\namendment will add definitions for transitional and supportive housing and\nconsider transitional and supportive housing to be a residential use and\nexplicitly permits them subject only to those zoning regulations that apply\nto other residential dwellings of the same type in the same zone as\nrequired by AB 2162.\nRecommendation: That the City Council conduct first reading of\nOrdinance No. 1543, by title only, for Code Amendment 2024-0004 and\nset second reading to the next available Council meeting.Fiscal Impact:\nThere is no fiscal impact associated with this report. ORDINANCE NO.\n1543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1543, AMENDING\nVARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND\nUSE) TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM\nOF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE\nGENERAL PLAN (CODE AMENDMENT 2024-0004)

17. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 2022-0002 -\nTHE JESSUP AT 17802 - 17842 IRVINE BOULEVARD The project is a\nrequest for the first amendment to Development Agreement 2022-0002,\nan agreement between the City of Tustin and Tustin 40 Development LLC.\nfor "The Jessup" residential project. The proposed amendment is a\nrequest to eliminate the owner’s requirement to pay for the Voluntary\nWorkforce Housing Incentive Program In-Lieu Fee in conjunction with the\nproject. On July 9, 2024, the City of Tustin Planning Commission held a\npublic hearing on the proposed request and adopted Resolution No. 4492,\nrecommending that the City Council adopt Ordinance No. 1544 approving\nthe first amendment to Development Agreement 2022-0002.\nRecommendation: That the City Council conduct first reading of\nOrdinance No. 1544, by title only, for the first amendment to Development\nAgreement 2022-0002 and set second reading to the next available\nCouncil meeting. Fiscal Impact: Staff anticipates that the fiscal impact\nwould be $289,560 to the inclusionary housing fund due to waiving the\nfees. ORDINANCE NO. 1544 AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF TUSTIN, APPROVING FIRST AMENDMENT TO\nDEVELOPMENT AGREEMENT (DA) 2022-0002, TO ELIMINATE\nOWNER'S REQUIREMENT TO PAY FOR THE VOLUNTARY\nWORKFORCE HOUSING INCENTIVE PROGRAM IN-LIEU FEE FOR\nTHE "THE JESSUP" RESIDENTIAL PROJECT LOCATED AT 17802 AND\n17842 IRVINE BOULEVARD.

18. LONG RANGE TUSTIN LEGACY FINANCIAL MODELING As requested\nby the City Council in the Spring of 2024 during the last budget\nreview/adoption process, a preliminary long range Tustin Legacy financial\nmodel tool is being created. The comprehensive model will enable\nvaluable insight into potential financial impacts related to buildout of Tustin\nLegacy on the City’s overall fiscal position.\nRecommendation: It is recommended that the City Council receive a\npresentation from staff and the consultant regarding the model's\nframework and intended value as an effective evaluation tool and provide\nstaff with feedback and direction. Fiscal Impact: The City has contracted\nwith a municipal advisor, Fieldman Rolapp & Associates, to prepare this\ncomprehensive financial model. The project is estimated to cost up to\n$50,000, and sufficient funding is available in the current fiscal year's\nbudget to cover this expense.

19. DISCUSSION OF PROPOSED PURCHASING POLICY AMENDMENTS\nThis report presents options for potential amendments to the City’s\nPurchasing Policy and Procedures, as outlined in the Tustin Municipal\nCode section 1621-1630. It seeks City Council’s direction on proposed\nchanges to be considered at a future meeting.\nRecommendation: Provide direction regarding potential changes to the\nPurchasing Policy and Procedures, and direct staff to present a draft\nordinance for the Council’s consideration at a future meeting.Fiscal\nImpact: There is no direct fiscal impact associated with this item.

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 $1,033,525.58 and $1,057,831.52 and Demands\nin the amount of $9,661,419.76

4. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL\nEMPLOYEES ASSOCIATION Adoption of the attached Resolution and\nMemorandum of Understanding will authorize terms and conditions of\nemployment for employees in classifications represented by the Tustin\nMunicipal Employees Association in accordance with City Council\ndirection.\nRecommendation: Adopt Resolution No. 24-65 to amend the City’s\nClassification and Compensation Plans and approve a Memorandum of\nUnderstanding with the Tustin Municipal Employees Association for the\nperiod July 1, 2024 through June 30, 2027.Fiscal Impact: The provisions\nof this agreement will result in an additional cost of approximately\n$756,465 in Fiscal Year 2024-25. By the end of the contract term, the\nadditional ongoing cost to the City is estimated to be $1,720,649 per year.\nStaff is not requesting any supplemental budget appropriations associated\nwith this agreement at this time; any supplemental appropriations will be\nincorporated with the mid-year budget review, which will be presented to\nthe City Council in February 2025. RESOLUTION NO. 24-65 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, AMENDING THE CLASSIFICATION AND\nCOMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING\nTHE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF\nTUSTIN AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION,\nCONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF\nEMPLOYMENT

5. TUSTIN HOUSING AUTHORITY ANNUAL MEETING AND ANNUAL\nREPORT Pursuant to the Tustin Housing Authority Bylaws and State of\nCalifornia Housing Authorities Law of the California Health and Safety\nCode Section 34328, the Tustin Housing Authority is holding an annual\nmeeting in order to receive and file the Housing Authority Annual Report of\nits activities for the preceding fiscal year.\nRecommendation: The Tustin Housing Authority Commissioners take the\nfollowing actions: * Receive and file the Tustin Housing Authority Annual\nReport for Fiscal Year 2023-2024 and transmit such report to the Tustin\nCity Council. The City Council take the following actions: * Receive and\nfile the Tustin Housing Authority’s Annual Report for Fiscal Year 2023-\n2024. * Direct that a copy of the Housing Authority’s Annual Report for\nFiscal Year 2023- 2024 be filed with the City Clerk and ex-officio Clerk of\nthe City Council of the City of Tustin and the California State Department\nof Housing and Community Development Fiscal Impact: The only fiscal\nimpact of this action has been the staff time necessary to prepare the\nannual report. Pursuant to Section 34328.1, the Department of Housing\nand Community Development could request the Housing Authority\nreimburse the department for the cost of processing the report. The\nHousing Authority is requesting relief from this requirement and has been\ngranted relief in prior year filings.

6. HOME REPAIR PROGRAM – REQUEST TO WAIVE BUILDING PERMIT\nFEES The City of Tustin has launched a Home Repair Program in\npartnership with Habitat for Humanity of Orange County, as a new\nresource to the Tustin community. The program is eligible to low and\nmoderate-income Tustin homeowners who are seniors (62+), disabled, or\nveterans. It provides grants of up to $15,000 for essential home repairs,\nwith a focus on improving the health and safety of the home. The\nprogram’s goal is to serve eight (8) Tustin homeowners during the first\nyear of the program. In order to maximize the grant funding homeowners\nreceive, it is recommended the City Council waive the building permit fees\nfor approved repairs. Waiving these fees allows the entire grant amount\nto be expended on labor and material costs, rather than City permitting\nfees. Waiving permit fees also increases the possibility of additional\nrepairs, and that more homeowners are served by the Program funding.\nRecommendation: It is recommended that the City Council adopt\nResolution No. 24-57, authorizing the waiver of the building permit fees\nincurred by eligible participants in the City of Tustin’s Home Repair\nProgram.Fiscal Impact: A request to waive building permit fees for the\nHome Repair Program would have a minimal impact on the General Fund.\nThe exact amount cannot be determined at this time due to the range of\npermit types that may be issued to program participants. Common repairs\ntypically include water heater replacement, window replacement,\nplumbing, roof repairs/replacement, and electrical work, with permit costs\nranging from approximately $70 for simple repairs, to $1,000 for more\ncomplex projects. The total amount of waived fees will be tracked and\ndocumented in the program’s annual report. RESOLUTION NO. 24-57 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, ENACTING A WAIVER OF THE CITY’S BUILDING\nPERMIT FEES FOR THE CITY OF TUSTIN HOME REPAIR PROGRAM

7. LEGISLATIVE UPDATE Staff and the City’s consultant Townsend Public\nAffairs have prepared a summary of state legislative activity.\nRecommendation: 1. Receive and file legislative updates prepared by\nTownsend Public Affairs 2. Receive and file the updated legislative matrix\nas of September 5 Fiscal Impact: There's no fiscal impact associated with\nthis report.

8. AUTHORIZATION TO PURCHASE VEHICLES AND EQUIPMENT\nINCLUDING DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC\nAUCTION Staff is requesting the City Council authorize the replacement\npurchases of eight (8) light-medium duty maintenance vehicles and two\n(2) pieces of specialty maintenance equipment that support the Public\nWorks and the Parks and Recreation Departments. Additionally, it is\nrequested the City Council declare certain City equipment surplus in\naccordance with section 1630 (2) of the Tustin City Code and authorize\nthe sale of surplus equipment at public auction.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution number 24-60 authorizing the Department of General Services\nof the State of California Contract No. 1-22-23-20D to purchase four (4) 1-\nton flatbed trucks, two (2) ¾ ton utility trucks, one (1) ¾ ton pickup truck\nand one (1) ½ ton pickup truck from Winner Chevrolet, Elk Grove, CA in\nthe amount of $544,287.22 2. Adopt Resolution number 24-61 authorizing\nthe purchase of one (1) riding sweeper from Tennant Company, Eden\nPrairie, MN, utilizing Equalis Group Contract No. R10-1137B in the\namount of $ 62,617.64. 3. Adopt Resolution number 24-62 authorizing the\npurchase of (1) riding lawnmower from Turf Star Brea, CA. utilizing\nSourcewell Contract No. 031121-TTC in the amount of $107,095.86. 4.\nDeclare, in accordance with the Tustin City Code - Section 1630 (2), the\nattached itemized list of equipment as surplus and not required for public\nuse. 5. Authorize the sale of itemized list of surplus equipment at the\npublic auction and credit net proceeds to applicable City Revenue Fund.\nFiscal Impact: The total cost for the ten (10) recommended replacement\nvehicles and equipment is $714,000.72 (itemized in table below).\nSufficient funds have been budgeted and approved in the fiscal year\n2024-2025 budget within the Vehicle Lease Fund (Fund 184).\nRESOLUTION NO. 24-60 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE STATE OF\nCALIFORNIA DEPARTMENT OF GENERAL SERVICES PURCHASING\nPROGRAM TO PURCHASE CERTAIN ITEMS FOR AND ON BEHALF OF\nTHE CITY RESOLUTION NO. 24-61 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE\nPURCHASE OF CERTAIN ITEMS THROUGH THE EQUALIS GROUP\nPURCHASING PROGRAM RESOLUTION NO. 24-62 A RESOLUTION\nOF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA\nAUTHORIZING THE PURCHASE OF CERTAIN ITEMS THROUGH THE\nSOURCEWELL PURCHASING PROGRAM

9. APPROVE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO.\nC-9-1421 WITH THE ORANGE COUNTY TRANSPORTATION\nAUTHORITY FOR THE RED HILL AVENUE REGIONAL TRAFFIC\nSIGNAL SYNCHRONIZATION PROJECT Staff is requesting the City\nCouncil approve Amendment No. 1 to Cooperative Agreement No. C-9-\n1421 with the Orange County Transportation Authority extending the term\nof the agreement to December 31, 2026, to complete the Red Hill Avenue\nRegional Traffic Signal Synchronization Project.\nRecommendation: It is recommended that the City Council approve\nAmendment No. 1 to Cooperative Agreement No. C-9-1421 with the\nOrange County Transportation Authority for the Red Hill Avenue Regional\nSignal Synchronization Project which extends the term of the agreement\nto December 31, 2026, and authorize the Mayor and City Clerk to execute\nthe extension agreement on behalf of the City.Fiscal Impact: There is no\nfiscal impact associated with this extension.