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Home My WebLink About00 CC AGENDA 11.19.24CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Ryan Gallagher, Mayor Pro Tern Letitia Clark, Council Member Rebecca Gomez, Council Member Ray Schnell, Council Member Austin Lumbard, Mayor NOVEMBER 19, 2024 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER VIDEO CONFERENCE Aldo E. Schindler, City Manager Erica N. Yasuda, City Clerk David E. Kendig, City Attorney NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting, the public may observe the meeting in person in the Council Chamber or via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to address the City Council during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during City Council meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at https://zoom.us/join, by entering the Meeting ID and Passcode below. Meeting ID: 940 8640 1921 Passcode: 600222 Please provide your name in the Zoom application to allow the City Clerk to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join to the Zoom web conference from any phone (landline or wireless), dial 669-900-6833. City Council November 19, 2024 Meeting Agenda Page 1 of 16 When prompted use the below Meeting ID and Passcode: Meeting ID: 940 8640 1921 Passcode: 600222 The City Clerk will identify you by the last 4 digits of your phone when it is your time to speak. When requested by the City Clerk, call -in users can unmute and mute their phones by pressing *6. Call -in users can raise their hand by pressing *9 but may not lower their hand once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM 1. Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda go to https://tustin.granicusideas.com/meetings?scope=upcoming and select the agenda item. B. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. 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 19, 2024 Meeting Agenda Page 2 of 16 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #3066 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. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1 case) — related to the fire at the North Hangar owned by the Navy and the release of hazardous materials therefrom 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Government Code § 54956.8: (2 cases) A. Property APN 430-481-02, 430-481-03, 430-481-04, Address/Description 430-481-05 Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Deputy Director of Real Property; and Kenneth Piguee, Real Property Manager Negotiating Parties Irvine Company City Council November 19, 2024 Meeting Agenda Page 3 of 16 Under Negotiation Price and Terms of Payment B. Property Address/Descri tion 430-272-04, 430-272-12, 430-272-14, 430- 272-24, 430-272-27, 430-272-28 Agency City of Tustin City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City Manager; Ryan Swiontek, Deputy Director of Real Property; Kenneth Piguee, Real Property Manager; and Greg Devereaux, Worthington Partners, LLC Negotiating Parties Topgolf International Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — #3066 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATION — o Recognition of Orange County Fire Authority Division Chief Scott Wiedensohler 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 - 15) City Council November 19, 2024 Meeting Agenda Page 4 of 16 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 15, 2024. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on October 15, 2024. 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 $1,088,141.36, and $1,185,240.33 and Demands in the amount of $8,842,259.85. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR THE QUARTER ENDED SEPTEMBER 30, 2024 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. Fiscal Impact: There is no fiscal impact associated with this item. 5. AUTHORIZATION TO ENTER INTO A THREE-YEAR AGREEMENT WITH OPENGOV FOR THE IMPLEMENTATION AND USAGE OF THE BUDGETING AND WORKFORCE PLANNING SUITE Staff is requesting City Council's authorization to enter into a three-year agreement with OpenGov for the implementation and usage of their Budgeting and Workforce Planning suite. This recommendation follows the successful introduction of the City's first digital budget book during the Fiscal Year 2023-2025 Biennial Budget cycle, which improved accessibility and transparency of the budget data. However, the current platform still lacks comprehensive functionality. Implementation of the new solution will continue to modernize the budget process by adopting a platform City Council November 19, 2024 Meeting Agenda Page 5 of 16 capable of real-time reporting, personnel cost projections, multiple budget scenario management, and enhancing public transparency. Recommendation: It is recommended that the City Council authorize the City Manager or designee to enter into a three-year agreement with OpenGov for the implementation and use of their Budgeting and Workforce Planning Suite for a total amount of $262,608. Fiscal Impact: There are sufficient funds in the Fiscal Year 2024-2025 Information Technology Fund operating budget to cover the cost of year one under this agreement. Funding for subsequent years will be requested through the budget process for each respective fiscal year. The cost of the three-year contract is as follows: Year One (FY 2024-25): * $109,241 Year Two (FY 2025-26): $74,813 Year Three (FY 2026-27): $78,554 Total: $262,608 * Year one includes an estimated $65,600 in implementation costs. 6. AMEND AGREEMENT WITH WEST COAST ARBORISTS, INC. Request approval to amend the Urban Forestry Management Agreement with West Coast Arborists, Inc. The proposed amendment extends the agreement term by an additional five and a half years and updates the fee schedule. Recommendation: It is recommended that the City Council: 1. Approve Amendment No. 4 to the Urban Forestry Management Agreement with West Coast Arborists, Inc. to extend the term of the agreement for an additional five and a half years; and 2. Authorize the Mayor to execute Amendment No. 4 to the Urban Forestry Management Agreement with West Coast Arborists, Inc. on behalf of the City. Fiscal Impact: Sufficient funds are budgeted and appropriated within the Public Works Department's operating budget for Fiscal Year 2024-2025. Each subsequent year is contingent upon City Council approval of the annual budget appropriation and satisfactory performance of services provided. The contract amount may vary based upon discretionary services on a case by case basis for tree removal, replacement, and supplemental watering. 7. ANNUAL WATER ENTERPRISE FINANCIAL MODEL UPDATE On December 5, 2023, the City Council approved annual water rates effective January 1 of each year, with the final adjustment occurring on January 1, 2028. To ensure annual rate adjustments are consistent with the operating needs of the Water City Council November 19, 2024 Meeting Agenda Page 6 of 16 Enterprise, staff completed an annual update to the Water Enterprise Financial Model. Recommendation: That the City Council receive and file this report. Fiscal Impact: There is no fiscal impact associated with this item. 8. AGREEMENT WITH CITY OF IRVINE FOR JAMBOREE ROAD AND IRVINE BOULEVARD IMPROVEMENTS Staff is requesting that the City Council approve a Cooperative Agreement with the City of Irvine for the Jamboree Road and Irvine Boulevard Intersection Improvement Project. The cities of Tustin and Irvine have identified the need to enhance traffic flow and reduce congestion at the intersection of Jamboree Road and Irvine Boulevard. Improvements for this intersection are identified and fully funded by the City of Irvine's North Irvine Transportation Mitigation Program. Since the project delivery requires cooperation from each agency, an agreement is required to identify and implement the project improvements. Recommendation: It is recommended that the City Council: 1. Approve Cooperative Agreement for Jamboree Road/Irvine Boulevard Intersection Improvement Project between the City of Irvine and the City of Tustin; and 2. Authorize the City Manager or his designee, the Director of Public Works, and City Clerk to execute the agreement on behalf of the City. Fiscal Impact: Sufficient funds in the amount of $2,000,000 have been budgeted in the Fiscal Year 2024-2025 Capital Improvement Program budget for Tustin's obligated construction phase of the project. Per the agreement Tustin's total construction costs will be fully reimbursed by the City of Irvine, as the project is funded through the North Irvine Transportation Mitigation Program. 9. FIRST READING OF ORDINANCE REVISING THE START TIME OF REGULAR MEETINGS OF THE CITY COUNCIL AND PLANNING COMMISSION At the Mayor's request, the City Council is requested to consider adopting the attached Ordinance No. 1548 to revise the Tustin City Code to change the starting time of the Council's regular meetings to 4:30 p.m. for closed sessions during regular meetings and 6:00 p.m. for open session regular meetings, and to revise the start time for the Planning Commission's regular meetings to 6:00 p.m. Under the schedule in the proposed ordinance, the City Council's meetings would still be scheduled on the first and third Tuesdays of each month, and the Planning Commission's meetings would occur on the second and fourth Tuesday of each month. Recommendation: It is recommended that the City Council: City Council November 19, 2024 Meeting Agenda Page 7 of 16 1. Introduce and approve first reading by title only of Ordinance No. 1548 replacing and superseding Tustin City Code section 1301 regarding regular meetings of the City Council, and Tustin City Code section 1515 regarding regular meetings of the Planning Commission; and 2. Schedule adoption of Ordinance No. 1548 at the City Council's Regular Meeting on December 3, 2024. ORDINANCE NO. 1548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPLACING AND SUPERSEDING TUSTIN CITY CODE SECTION 1301 REGARDING REGULAR MEETINGS OF THE CITY COUNCIL, AND TUSTIN CITY CODE SECTION 1515 REGARDING REGULAR MEETINGS OF THE PLANNING COMMISSION Fiscal Impact: No direct fiscal impact is anticipated to occur by revising the start time of regular meetings. 10. CONSULTANT SERVICES AGREEMENT WITH KINGDOM CAUSES, INC., DBA CITY NET, FOR HOMELESS OUTREACH AND CASE MANAGEMENT SERVICES Consultant Services Agreement with Kingdom Causes, Inc., dba City Net, for Homeless Outreach and Case Management Services. Recommendation: It is recommended that the City Council take the following actions: 1. Approve a Consultant Services Agreement with Kingdom Causes, Inc., dba City Net, for Homeless Outreach and Case Management Services; and 2. Authorize the City Manager to execute the Consultant Services Agreement with City Net for Homeless Outreach and Case Management Services. Fiscal Impact: If approved, the agreement with Kingdom Causes, Inc. will end on June 30, 2027, in the amount of $535,688 which includes $30,000 for Client Services. The two -and -one-half year term is recommended to align the contract with the City's biennial budget process. Sufficient funds have been appropriated in the Fiscal Year 2024-25 budget to cover the costs of $101,585.79. Funding for subsequent years will be requested through the budget process for each respective fiscal year. 11. SELECTION OF A COMMERCIAL REAL ESTATE BROKER FOR MARKETING AND SOLICITATION SERVICES FOR A PORTION OF DISPOSITION AREA 5 AT TUSTIN LEGACY Request for selection of a commercial real estate broker to provide marketing and solicitation services for approximately 14 acres of vacant property within Disposition Area 5 at Tustin Legacy. City Council November 19, 2024 Meeting Agenda Page 8 of 16 Recommendation: Authorize the City Manager to negotiate and execute a Listing Agreement with CCP Real Estate Advisors, subject to non -substantive additions or modifications as may be deemed necessary and/or recommended by the City Attorney. Fiscal Impact: Compensation for brokerage services is typically based on a commission structure, meaning that the City is not liable for any compensation to a commercial real estate broker until the close of escrow on a land sale or execution of a ground lease. City staff has negotiated the following tiered commission structure with the recommended broker, CCP Real Estate Advisors, which aligns with both other responses received and industry standards. Land Sale: 5.0% of the sale price up to the first $10,000,000.00 4.0% of the next $10,000,000.00 up to $20,000,000.00 3.0% of the sale price amount exceeding $20,000,000.00 Ground Lease: 5% of the lease value The final compensation amount will depend on the success of a future conveyance. It is unclear at this time whether the property would be conveyed under a sale or ground lease. 12. FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS INC Request for approval of the Fourth Amendment to the Professional Services Agreement with Townsend Public Affairs for state legislative advocacy and grant writing services. Recommendation: It is recommended that the City Council take the following actions: 1. Authorize the City Manager to execute the Fourth Amendment to the Professional Services Agreement with Townsend Public Affairs covering a period of January 1, 2025 — December 31, 2026, at a monthly cost of $7,500. Fiscal Impact: If approved, the Fourth Amendment to the Professional Services Agreement with Townsend Public Affairs, will raise their monthly fee by $500, bringing it to $7,500 per month. This adjustment will increase the annual cost of retaining Townsend Public Affairs from $84,000 to $90,000. There is sufficient funding in the Fiscal Year 24/25 budget to cover the new monthly amount. 13. APPROVING THE APPOINTMENT OF STUART A. GREENBERG AS INTERIM POLICE CHIEF Adoption of the attached Resolution will approve the City Manager's appointment of Stuart A. Greenberg to the retired annuitant position of Interim Police Chief upon his City Council November 19, 2024 Meeting Agenda Page 9 of 16 retirement as the City's full-time Police Chief until a new permanent Police Chief begins employment with the City. Recommendation: Adopt Resolution No. 24-81 approving the City Manager's appointment of Stuart A. Greenberg to the retired annuitant position of Interim Police Chief. RESOLUTION NO. 24-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPOINTMENT OF STUART A. GREENBERG AS INTERIM POLICE CHIEF AS A RETIRED ANNUITANT PURSUANT TO GOVERNMENT CODE SECTION 21221(H) Fiscal Impact: Authorization of this Interim Police Chief position will result in an estimated cost of up to $18,000 per month, which will be funded from the Police Department's vacancy savings. No additional budget appropriation is requested. 14. FY2023 URBAN AREA SECURITY INITIATIVE GRANT The City of Anaheim, in its capacity as a core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2023 Urban Areas Security Initiative" Grant Program. This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California Office of Emergency Services. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference. The Office of Grants and Training has awarded $5,113,750 to the City of Anaheim for use in the Anaheim/Santa Ana Urban Area, for the performance term of September 1, 2023, through March 31, 2026 (FY2023). In which, the grant period for sub -recipients (e.g., City of Tustin) can be awarded through the period of August 14, 2024, to March 31, 2026. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a sub -recipient, is authorized to participate in the grant funding. Recommendation: It is recommended that the City Council: 1. Adopt Resolution 24-82, designating the Chief of Police or his designee as the City's authorized representative for the FY 2023; and 2. Approve the FY 2023 Urban Areas Security Initiative Transfer Agreement between the City of Anaheim and the City of Tustin. RESOLUTION NO. 24-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S City Council November 19, 2024 Meeting Agenda Page 10 of 16 AUTHORIZED REPRESENTATIVE FOR THE FY 2023 URBAN AREAS SECURITY INITIATIVE Fiscal Impact: There will be no impact on the General Fund. 15. POLICE DEPARTMENT VEHICLE PURCHASE Six marked Tustin Police Department patrol vehicles have been identified as needing to be replaced due to excessive mileage and/or age. Staff is recommending the purchase of five 2025 Dodge Durango pursuit -rated vehicles and one 2025 Chevrolet Tahoe pursuit -rated vehicle to replace the aging patrol vehicles. Recommendation: It is recommended the City Council authorize: 1. The purchase of five 2025 Dodge Durango pursuit -rated vehicles from the National Auto Fleet Group in the City of Alhambra in the amount of $301,821.45 ($60,364.29 each) as replacements for five of the aging, high - mileage vehicles scheduled for replacement; 2. The purchase of police equipment conversion packages for five 2025 Dodge Durango pursuit -rated vehicles in the amount of $92,248.62 ($18,449.72 each); 3. The purchase of trunk trays for five Dodge Durango pursuit -rated vehicles in the total amount of $1,925.00 ($385.00 each); 4. The purchase of a battery box for one Dodge Durango pursuit -rated vehicle in the amount of $200.07; 5. The purchase of one 2025 Chevrolet Tahoe pursuit -rated vehicle from the National Auto Fleet Group in the City of Alhambra in the amount of $66,592.18 as replacement for the one aging, high -mileage vehicle scheduled for replacement; 6. The purchase of a police equipment conversion package for one 2025 Chevrolet Tahoe pursuit -rated vehicle (Watch Commander) in the amount of $22,692.41; 7. The purchase of graphic designs from Digital Magic Signs for five 2025 Dodge Durango pursuit -rated vehicles and one 2025 Chevrolet Tahoe pursuit -rated vehicle in the amount of $3,837.34 ($639.56 each); and, 8. Declare, in accordance with the Tustin City Code — Section 1630a (2), Unit #3412 (2C3CDXKTXKH726985), Unit #3415 (1 GNSKDEC6LR180475), Unit #3417 (2C3CDXKT1 KH726986), and Unit #3439 (2C3CDXAT3DH722488), previously assigned to the Patrol Division, as surplus and not required for public use and authorize the sale at the next public auction, crediting net proceeds to applicable City revenue fund. City Council November 19, 2024 Meeting Agenda Page 11 of 16 Fiscal Impact: The Fiscal Year 2024-25 approved budget includes sufficient funds in the Equipment Fund (Fund 184) to purchase and upfit six patrol vehicles and add them to the Police Department's fleet. The anticipated surplus value of the following vehicles are as follows: • 2019 Dodge Charger (Unit #3412, 2C3CDXKTXKH726985): $1,500.00; • 2019 Chevrolet Tahoe (Unit #3415, 1GNSKDEC6LR180475): $1,500.00; • 2019 Dodge Charger (Unit #3417, 2C3CDXKT1 KH726986): $1,500.00; and, • 2013 Dodge Charger (Unit #3439, 2C3CDXAT3DH722488): $1,500.00. PUBLIC HEARING ITEM 16 16. HOUSING ELEMENT REZONE IMPLEMENTING PROGRAMS 1.1A, 11.113, 1.1 F, AND 1.1G OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERALPLAN Under State law, the City's Housing Element must show that the City can provide its fair share of regional housing over an eight -year period (2021 to 2029). The City's share of housing is established by a process called the Regional Housing Needs Allocation ("RHNA").The current RHNA mandates the City to accommodate the construction of at least 6,782 dwelling units. However, the City's current zoning can only accommodate 4,614 new dwellings; which results in a shortfall of 2,168 units. Pursuant to the mandates of State law, the City established a "rezone program" in the Housing Element that specifies properties that will be rezoned to residential to resolve the shortfall. After lengthy public engagement and input, surveys, workshops, and hearings, the Planning Commission recommended approval of the Housing Element on September 13, 2022, and the City Council adopted the Housing Element on October 4, 2022. The adopted Housing Element included programs to accommodate the RHNA shortfall by rezoning areas of Tustin Legacy, the Enderle Center, and the Tustin Market Place. The adopted Housing Element was then submitted to the California Department of Housing and Community Development ("HCD"), and subsequently, the City received certification by HCD on October 10, 2022. The proposed Housing Element Rezone implements the City's adopted and certified Housing Element. PROJECT SITES: (A) TUSTIN LEGACY SPECIFIC PLAN (TLSP) — HOUSING ELEMENT SITES 1A, 1 B & 2 General Plan: Tustin Legacy Specific Plan (TLSP) Current Zoning: Tustin Legacy Specific Plan (SP-1), Neighborhoods D and G Property Owner: City of Tustin 300 Centennial Way City Council November 19, 2024 Meeting Agenda Page 12 of 16 Tustin, CA 92780 (B) ENDERLE CENTER — HOUSING ELEMENT SITE 17 General Plan: Planned Community Commercial/Business (PCCB) Current Zoning: Planned Community Commercial (PC COM) Property Owner: EMS Development Company 4081 Yorba Street Tustin, CA 92780-2010 (C) THE MARKET PLACE — HOUSING ELEMENT SITE 18 General Plan: Planned Community Commercial/Business (PCCB) Current Zoning: East Tustin Specific Plan Mixed -Use (SP-8-MU) Property Owner: The Irvine Company 500 Newport Center Drive Newport Beach, CA 92660 Recommendation: That the City Council take the following actions for the rezone areas: Tustin Legacy — Sites 1A, 1 B and 2 1. Adopt Resolution No. 24-76 finding that the Final Supplemental Environmental Impact Report (FSEIR) for Tustin Legacy Specific Plan (TLSP) Amendment 2024-0002 is adequate and certify the FSEIR (Attachment 5); 2. Introduce Ordinance No. 1547 for Specific Plan Amendment (SPA) 2024-0002 to allow for additional high density residential development on three sites in the TLSP, Housing Element Sites 1 a, 1 b, and 2, with a minimum density of 20 units per acre (du/acre) on the selected sites and set the adoption of the ordinance for the next City Council meeting (Attachment 6); Enderle Center — Site 17 3. Adopt Resolution No. 24-77, finding that the Final Environmental Impact Report (FEIR) for General Plan Amendment (GPA) 2024-0001, Code Amendment (CA) 2024-0003, and Zone Change (ZC) 2024-0001 is adequate and certify the FEIR (Attachment 8); 4. Introduce Ordinance No. 1549 for CA 2024-0003 to establish a Housing Overlay (HO) district (overlay zone) in conjunction with the planned community commercial district (base zone) to implement the housing implementation program of the 6th Cycle 2021-2029 housing element of the general plan and set the adoption of the ordinance for the next City Council meeting (Attachment 9); City Council November 19, 2024 Meeting Agenda Page 13 of 16 5. Introduce Ordinance No. 1550 for ZC 2024-0001 to amend the City's zoning map to apply the Housing Overlay (HO) district to the Enderle Center Rezone Project area and set the adoption of the ordinance for the next City Council meeting (Attachment 10); The Market Place — Site 18 6. Adopt Resolution No. 24-78, finding that the FEIR for GPA 2024-0001 and East Tustin Specific Plan (ETSP) Amendment 2024-0001 is adequate and certify the FEIR (Attachment 12); 7. Introduce Ordinance No. 1551 for SPA 2024-0001 to accommodate residential development on 18 acres of The Market Place Rezone Project site and create a new high density residential land use category to implement the Housing Implementation Program of the 6th Cycle Housing Element of the General Plan and set the adoption of the ordinance for the next City Council meeting (Attachment 13). General Plan Consistencv (Enderle Center & The Market Place 8. Adopt Resolution No. 24-79, approving GPA 2024-0001 for minor text amendments to ensure consistency with the proposed ZC 2024-0001 (Housing Element Site 17 - Enderle Center) and SPA 2024-0001 (Housing Element Site 18 — The Market Place) (Attachment 14). RESOLUTION NO. 24-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING SUPPLEMENTAL #3 TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/EIR") AND ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ERRATA FOR SPECIFIC PLAN AMENDMENT 2024-0002 TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN — HOUSING ELEMENT SITES 1A, 1 B, AND 2 (TUSTIN LEGACY) RESOLUTION NO. 24-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ERRATA FOR GENERAL PLAN AMENDMENT 2024-0001, ZONE CHANGE 2024-0001, AND CODE AMENDMENT 2024-0003 - HOUSING ELEMENT SITE 17 (ENDERLE CENTER) RESOLUTION NO. 24-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING City Council November 19, 2024 Meeting Agenda Page 14 of 16 CONSIDERATIONS, AND ERRATA FOR GENERAL PLAN AMENDMENT 2024- 0001 AND SPECIFIC PLAN AMENDMENT 2024-0001 TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN - HOUSING ELEMENT SITE 18 (THE MARKET PLACE) RESOLUTION NO. 24-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2024-0001, FOR MINOR TEXT AMENDMENTS TO ENSURE CONSISTENCY WITH THE PROPOSED ZONE CHANGE 2024-0001 (HOUSING ELEMENT SITE 17 - ENDERLE CENTER) AND SPECIFIC PLAN AMENDMENT 2024-0001 (HOUSING ELEMENT SITE 18 - MARKET PLACE) TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (GENERAL PLAN AMENDMENT 2024-0001) ORDINANCE NO. 1547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2024-0002 TO INCREASE RESIDENTIAL CAPACITY WITHIN NEIGHBORHOODS D AND G OF THE TUSTIN LEGACY SPECIFIC PLAN TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN - HOUSING ELEMENT SITES 1A, 1 B, AND 2 ORDINANCE 1549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2024-0003, TO ESTABLISH A HOUSING OVERLAY (HO) DISTRICT (OVERLAY ZONE) IN CONJUNCTION WITH THE PLANNED COMMUNITY COMMERCIAL DISTRICT TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (CODE AMENDMENT 2024-0003) ORDINANCE 1550 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE 2024-0001, TO AMEND THE CITY'S ZONING MAP TO APPLY THE HOUSING OVERLAY (HO) DISTRICT TO THE ENDERLE CENTER REZONE PROJECT AREA TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN (ZONE CHANGE 2024-0001) ORDINANCE 1551 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING SPECIFIC PLAN AMENDMENT 2024-0001, TO AMEND THE EAST TUSTIN SPECIFIC PLAN (SP-8) TO CREATE A NEW HIGH DENSITY RESIDENTIAL (HDR) LAND USE CATEGORY, AND APPLY THE HDR ZONE TO 18 ACRES OF EXISTING SURFACE PARKING IN THE TUSTIN MARKET PLACE SHOPPING CENTER TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM OF City Council November 19, 2024 Meeting Agenda Page 15 of 16 THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN — HOUSING ELEMENT SITE 18 — THE MARKET PLACE. Fiscal Impact: The Housing Element Rezone Project is a City -initiated project. The City Council has appropriated funds to carry out the Housing Element Rezone Project. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, December 3, 2024, for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. City Council November 19, 2024 Meeting Agenda Page 16 of 16