Tustin — 2023-01-17

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (2 cases)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -\nInitiation of litigation pursuant to Government Code § 54956.9(d)(4): (2\ncases)

3. LIABILITY CLAIMS – [Government Code § 54956.95]: (1 case)\nA. Claim No. 22-47, Claim of Kyle Wong

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 $957,105.01 and $1,000,663.63 and Demands in\nthe amount of $3,037,293.09.\nAGENDA ITEM

4. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF\nTELECONFERENCING FOR MEETINGS In order for the Council to\ncontinue to have the option to meet via teleconference during the\npandemic, AB 361 requires the Council to make specified findings at least\nevery thirty (30) days.\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1680 2/6\n1/13/23, 5:25 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nRecommendation: Make the following findings by majority vote of the\nCouncil: A. A state of emergency has been proclaimed by California's\nGovernor due to the COVID-19 pandemic and continues in effect; and B.\nThe Council has reconsidered the circumstances of the state of\nemergency; and C. Local health officials continue to recommend\nmeasures to promote social distancing.\nAGENDA ITEM

5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE\nADVERTISEMENT FOR BIDS FOR THE LEGACY ANNEX TENANT\nIMPROVEMENT PROJECT CIP NO. 10087 The plans and specifications\nfor the Legacy Annex Tenant Improvement Project (CIP No. 10087) have\nbeen substantially completed pending final approval by Building and\nSafety and the City Engineer.\nRecommendation: It is recommended that the City Council: 1. Appropriate\n$600,000 from the General Fund (Fund 100) and authorize transfer of the\nfunding to the Capital Improvement Fund (Fund 200); 2. Adopt Resolution\nNo. 23-04 approving the plans and specifications for the Legacy Annex\nTenant Improvement Project (CIP No. 10087); and 3. Authorize the City\nClerk to advertise to receive bids; subject to the final approval by Building\nand Safety and the City Engineer. RESOLUTION NO. 23-04 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE\nLEGACY ANNEX IMPROVEMENT PROJECT CIP NO. 10087 AND\nAUTHORIZING ADVERTISEMENT FOR BIDS\nAGENDA ITEM

6. 2023 MAYORAL APPOINTMENTS TO COMMITTEES Annually the Mayor\nappoints those members of the City Council who will serve on various City\nand Regional committees.\nRecommendation: 1. Confirm the attached appointments as\nrecommended by the Mayor; and 2. Adopt FPPC Form 806: Agency\nReport of Public Official Appointments and direct staff to post on the City's\nwebsite.\nAGENDA ITEM\nPUBLIC HEARING ITEM 7

7. GENERAL PLAN AMENDMENT (GPA) 2022-0001, ZONE CHANGE (ZC)\n2022-0001, DESIGN REVIEW (DR) 2022-0004, DENSITY BONUS\nCONCESSION/WAIVER REQUESTS, SUBDIVISION MAP (SUB) 2022-\n0002/TENTATIVE TRACT MAP (TTM) NO. 19224, DEVELOPMENT\nAGREEMENT (DA) 2022-0002 This project includes the demolition of two\n(2) existing two-story office buildings currently located on the subject\nproperty and the construction of a new, townhome residential\ndevelopment project that would include forty (40) three-story residential\nunits, including two (2) affordable units, on approximately 2.07 acres site.\nThe applicant’s requests include consideration of a general plan\namendment, zone change, design review, subdivision, a density bonus\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1680 3/6\n1/13/23, 5:25 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nrequest to allow one (1) Concession to allow a reduced building setback\nalong Irvine Blvd. and one (1) Waiver for a reduction in required amount of\ncommon open space, and a development agreement. On December 13,\n2022, the City of Tustin Planning Commission held a public hearing on the\nproposed project and adopted Resolution Nos. 4461, 4462, 4463, 4464\nand 4465, recommending that the City Council approve the above-\nreferenced requests.\nRecommendation: That the City Council: 1. Adopt Resolution No. 23-01\napproving the Mitigated Negative Declaration (MND) for the project. 2.\nAdopt Resolution No. 23-02 approving GPA 2022-0001 to amend the\nGeneral Plan Land Use Designation of the subject property from\nProfessional Office (PO) to High Density Residential (HDR). 3. Introduce\nand have first reading by title only of Ordinance No. 1531 approving ZC\n2022-0001 to change the Zoning District of the subject property from\nRetail Commercial District (C1) with a Parking Overlay (P) to Multi-Family\nResidential (R3) to facilitate the development of forty (40), three-story\nresidential units on approximately 2.07 acres located at 17802 and 17842\nIrvine Blvd. 4. Adopt Resolution No. 23-03 approving: • DR 2022-0004 for\nsite layout and building design for forty (40), three-story residential units\non approximately 2.07 acres located at 17802 and 17842 Irvine Blvd.; •\nDensity Bonus request to allow one (1) Concession to allow a reduced\nbuilding setback along Irvine Blvd. and a Waiver for a reduction in\nrequired amount of common open space; and • SUB 2022-0002/TTM No.\n19224 to subdivide the property for condominium purposes to construct a\ntotal of forty (40) residential units on approximately 2.07 acres located at\n17802 and 17842 Irvine Blvd. 5. Introduce and have first reading by title\nonly of Ordinance 1532 approving DA 2022-0002 to accept the voluntary\nprovision of community public benefits, by including two (2) affordable\nhousing units for very-low income households, equity sharing, payment of\naffordable housing in-lieu fee. RESOLUTION NO. 23-01 A RESOLUTION\nOF THE CITY COUNCIL ADOPTING THE MITIGATED NEGATIVE\nDECLARATION AND MITIGATION MONITORING AND REPORTING\nPROGRAM PREPARED FOR A FORTY (40) UNIT RESIDENTIAL\nCONDOMINIUM DEVELOPMENT ON AN APPROXIMATE 2.07-ACRE\nSITE LOCATED AT 17802 AND 17842 IRVINE BOULEVARD\nRESOLUTION NO. 23-02 A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT\n2022-0001 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION\nFROM PROFESSIONAL OFFICE (PO) TO HIGH DENSITY\nRESIDENTIAL (HDR) FOR THE PROPERTY LOCATED AT 17802 AND\n17842 IRVINE BOULEVARD RESOLUTION NO. 23-03 A RESOLUTION\nOF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING\nDESIGN REVIEW 2022-0004, DENSITY BONUS CONCESSION AND\nWAIVER REQUESTS, SUBDIVISION 2022-0002/TENTATIVE TRACT\nMAP 19224 FOR RESIDENTIAL CONDOMINIUM PURPOSES,\nAUTHORIZING THE SUBDIVISION OF AN APPROXIMATE 2.07 ACRE\nSITE CONSISTING OF ONE (1) NUMBERED LOT OF FORTY (40)\nCONDOMINIUM RESIDENCES LOCATED AT 17802 AND 17842 IRVINE\nBOULEVARD ORDINANCE 1531 AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE\n2022-0001, AMENDING THE ZONING DESIGNATION FROM RETAIL\nCOMMERCIAL DISTRICT (C1) WITH A PARKING OVERLAY (P) TO\nMULTI-FAMILY RESIDENTIAL (R3) TO ACCOMMODATE THE\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1680 4/6\n1/13/23, 5:25 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nCONSTRUCTION OF A 40-UNIT RESIDENTIAL CONDOMINIUM\nPROJECT AT 17802 AND 17842 IRVINE BOULEVARD ORDINANCE\nNO.1532 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nTUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2022-0002\nBETWEEN THE CITY OF TUSTIN AND INTRACORP SO CAL-1, LLC TO\nACCEPT THE VOLUNTARY PROVISION OF COMMUNITY PUBLIC\nBENEFITS, BY INCLUDING TWO (2) AFFORDABLE HOUSING UNITS\nFOR VERY-LOW INCOME HOUSEHOLDS, EQUITY SHARING, AND\nPAYMENT OF AN AFFORDABLE HOUSING IN-LIEU FEE AND FOR A\n40-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 17802 AND\n17842 IRVINE BOULEVARD\nAGENDA ITEM\nATTACHMENT A\nATTACHMENT B\nATTACHMENT C\nATTACHMENT D\nATTACHMENT E\nATTACHMENT F\nATTACHMENT G\nATTACHMENT H\nATTACHMENT I\nATTACHMENT J\nATTACHMENT K\nATTACHMENT L\nREGULAR BUSINESS ITEM 8

8. 2023 COMMISSION VACANCIES Due to term expirations and vacancies,\nstaff is requesting that the City Council provide direction on the preferred\nprocess to fill upcoming vacancies on the Planning, Audit, and Community\nServices Commissions and the Building Board of Appeals.\nRecommendation: Pleasure of the City Council.\nAGENDA ITEM\nOTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY\nCOUNCIL MEMBER COMMENTS AND REPORTS\nhttps://tustin.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=1680 5/6\n1/13/23, 5:25 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm