CITY OF TUSTIN SPECIAL MEETING
OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tem
Ryan Gallagher, Councilmember
Rebecca Gomez, Councilmember
Ray Schnell, Councilmember
Austin Lumbard, Mayor
NOVEMBER 7, 2023
300 CENTENNIAL WAY, TUSTIN
Nicole Bernard, Acting City Manager
David E. Kendig, City Attorney
Erica N. Yasuda, City Clerk
AGENDA
PUBLIC INPUT INSTRUCTIONS
PRESENTATION - ITEM 8
PRESENTATION - ITEM 13
PRESENTATION - ITEM 13
CLOSED SESSION MEETING OF THE CITY COUNCIL
- 5:30 P.M.
CALL TO ORDER – #3047
ROLL CALL - City Clerk
PUBLIC INPUT - Members of the public may provide comments in writing, in person or in real time via Zoom to address the City Council on items on the Closed Session Agenda.
CLOSED SESSION UPDATE - City Attorney David E. Kendig
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
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)
4. LIABILITY CLAIMS – [Government Code § 54956.95]: (4 cases) A.
Claim No. 23-22, Claim of Johnny McGee
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
5. PUBLIC EMPLOYMENT Cal. Gov’t Code § 54957(b)(1) Title: City Manager
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
REGULAR MEETING OF THE CITY COUNCIL/ TUSTIN HOUSING AUTHORITY/ AND THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY - 7:00 P.M.
CALL TO ORDER – #3047
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE – American Legion PUBLIC INPUT – At this time, any member of the public may address the Council on matters which are not on this evening’s agenda, provided the matter is within the subject matter jurisdiction of the City Council.
CLOSED SESSION REPORT – City Attorney David E. Kendig
CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 1 - 12)
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.
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
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
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
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
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 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
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
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
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
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
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 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
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
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 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
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, 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
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
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
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
ADJOURNMENT
- The next meeting is scheduled on Tuesday, November 21, 2023 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.