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Home My WebLink About00 CC AGENDA 1.7.25CITY OF TUSTIN REGULAR MEETING JANUARY 7, 2025 OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN COUNCIL CHAMBER �* VIDEO CONFERENCE John Nielsen, Mayor Pro Tern Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager Ray Schnell, Council Member Erica N. Yasuda, City Clerk Lee K. Fink, Council Member 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 January 7, 2025 Meeting Agenda Page 1 of 7 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 January 7, 2025 Meeting Agenda Page 2 of 7 CLOSED SESSION MEETING OF THE CITY COUNCIL 4:30 P.M. CALL TO ORDER — #3069 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 REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 6:00 P.M. CALL TO ORDER — #3069 INVOCATION — Fr. Michael T. Khong, St. Cecilia Church PLEDGE OF ALLEGIANCE — Council Member Gallagher City Council January 7, 2025 Meeting Agenda Page 3 of 7 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 - 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 Item 1-6) 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 MEETINGS OF THE CITY COUNCIL HELD ON DECEMBER 3, 2024, AND DECEMBER 17, 2024. Recommendation: That the City Council approve the Action Minutes of the City Council Meeting held on December 3, 2024, and December 17, 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 $1,110,636.15 and $1,053,856.78 and Demands in the amount of $6,906,736.19. 4. SECOND READING AND ADOPTION OF ORDINANCE NOS. 1547, 1549, 1550, AND 1551 — HOUSING ELEMENT REZONE IMPLEMENTING PROGRAMS 1.1A, 1.113, 1.1F, AND 1.1G OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE GENERAL PLAN Adoption of Ordinance No. 1547 (Specific Plan Amendment 2024-0002) allows for additional high density residential development on three sites in the Tustin Legacy Specific Plan, Housing Element Sites la, 1 b, and 2, with a minimum density of 20 units per acre (du/acre) on the selected sites. City Council January 7, 2025 Meeting Agenda Page 4 of 7 Adoption of Ordinance No. 1549 (Code Amendment 2024-0003) establishes a Housing Overlay 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. Adoption of Ordinance No. 1550 (Zoning Code 2024-0001) amends the City's zoning map to apply the Housing Overlay district to the Enderle Center Rezone Project area. Adoption of Ordinance No. 1551 (Specific Plan Amendment 2024-0001) accommodates residential development on 18 acres of The Market Place Rezone Project site and creates a new high density residential land use category to implement the Housing Implementation Program of the 6th Cycle Housing Element of the General Plan. Recommendation: That the City Council have second reading by title only and adoption of Ordinance Nos. 1547, 1549, 1550 and 1551. 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, 1B, AND 2 ORDINANCE NO. 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 NO. 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 NO. 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 January 7, 2025 Meeting Agenda Page 5 of 7 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. 5. REJECTION OF ALL BIDS FOR THE OLD TOWN IMPROVEMENTS PROJECT Staff is recommending that the City Council reject both bids received on November 5, 2024, for the Old Town Improvements Project. The City received only two bids for this project, both higher than the engineer's estimate, with the lowest being approximately 24% over the engineer's estimate. Recommendation: It is recommended that the City Council reject the two bids received for the Old Town Improvements Project, Capital Improvement Program Number 70254 and direct the City Clerk to return all bid bonds. Fiscal Impact: The City's Capital Improvement Program budget for construction of the Old Town Improvements project, Capital Improvement Program Number 70254 is $4,200,000, of which approximately $3,780,000 is allocated for construction, with the remainder designated as project contingency. The project is funded through a combination of Community Development Block Grant Fund (Fund 120) and Land Sale Proceeds funds (Fund 189). 6. REAFFIRM THE CITY MANAGER AND/OR HOUSING AUTHORITY EXECUTIVE DIRECTOR'S AUTHORITY TO EXECUTE AFFORDABLE HOUSING DOCUMENTS The Tustin Housing Authority is seeking to reaffirm the authority of the City Manager and/or Housing Authority Executive Director to execute affordable housing documents required for the refinancing or the sale of new or existing affordable housing units. Recommendation: It is recommended the Tustin Housing Authority Commissioners take the following artinn- 1. Adopt Tustin Housing Authority Resolution No. 25-01 authorizing the Executive Director of the Tustin Housing Authority and/or City Manager, or their designee, to execute affordable housing documents required for the refinancing or the sale of affordable housing units. It is recommended the Tustin City Council take the following action: 1. Adopt City Council Resolution 25-01 authorizing the City Manager and/or the Executive Director of the Tustin Housing Authority, or their designee, to City Council January 7, 2025 Meeting Agenda Page 6 of 7 execute affordable housing documents required for the refinancing or the sale of affordable housing units. RESOLUTION NO. 25-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER AND/OR THE TUSTIN HOUSING AUTHORITY EXECUTIVE DIRECTOR, OR THEIR DESIGNEE, TO EXECUTE ALL AFFORDABLE HOUSING AGREEMENTS REQUIRED FOR THE REFINANCING OR THE SALE OF AFFORDABLE HOUSING UNITS TUSTIN HOUSING AUTHORITY RESOLUTION NO. 25-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE TUSTIN HOUSING AUTHORITY EXECUTIVE DIRECTOR AND/OR CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL AFFORDABLE HOUSING AGREEMENTS REQUIRED FOR THE REFINANCING OR THE SALE OF AFFORDABLE HOUSING UNITS Fiscal Impact: There is no fiscal impact associated with this item. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT - The next meeting is scheduled on Tuesday, January 21, 2025, for the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m. City Council January 7, 2025 Meeting Agenda Page 7 of 7