HomeMy WebLinkAbout00 CC AGENDA 11.7.23CITY OF TUSTIN REGULAR MEETING
OF THE CITY COUNCIL
Letitia Clark, Mayor Pro Tern
Ryan Gallagher, Council Member
Rebecca Gomez, Council Member
Ray Schnell, Council Member
NOVEMBER 7, 2023
300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Austin Lumbard, Mayor Nicole Bernard, Acting City Manager
Erica N. Yasuda, City Clerk
David E. Kendig, City Attorney
NOTICE REGARDING PUBLIC PARTICIPATION
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1. PARTICIPATING DURING A MEETING
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Meeting ID: 940 8640 1921
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City Council November 7, 2023
Meeting Agenda Page 1 of 12
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Meeting ID: 940 8640 1921
Passcode: 600222
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For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the
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Items Distributed To The City Council Less Than 72 Hours Prior To Meeting: Pursuant to
Government Code section 54957.5, non-exempt public records that relate to one or more
open session agenda items and that are distributed to a majority of the City Council less
than seventy-two (72) hours prior to the meeting will be available for public inspection on
the electronic posting board located at 300 Centennial Way, Tustin, CA 92780.
City Council November 7, 2023
Meeting Agenda Page 2 of 12
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
Tustin Police Support Services Management Association (TPSSMA)
Organization:
Employee
Tustin Police Support Service Association (TPSSA)
Organization:
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
City Council November 7, 2023
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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.
City Council November 7, 2023
Meeting Agenda Page 4 of 12
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.
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.
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).
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.
City Council November 7, 2023
Meeting Agenda Page 5 of 12
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).
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
City Council November 7, 2023
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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.
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.
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
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
City Council November 7, 2023
Meeting Agenda Page 7 of 12
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
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
City Council November 7, 2023
Meeting Agenda Page 8 of 12
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:
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
City Council November 7, 2023
Meeting Agenda Page 9 of 12
• 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 (1 st) floor
plate height of the live/work units from sixteen (16) feet to ten (10) feet
one (1) inch (101"); 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
REGULAR BUSINESS ITEMS 14-17
City Council November 7, 2023
Meeting Agenda Page 10 of 12
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.
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.
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
17. APPROVAL OF AMENDMENT NO. 6 TO EMPLOYMENT AGREEMENT WITH
NICOLE M. BERNARD TO SERVE AS ACTING CITY MANAGER
City Council November 7, 2023
Meeting Agenda Page 11 of 12
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.
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.
City Council November 7, 2023
Meeting Agenda Page 12 of 12