Tustin — 2024-11-19

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. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –\nSignificant exposure to litigation pursuant to Government Code §\n54956.9(d)(2): (1 case) – related to the fire at the North Hangar owned by\nthe Navy and the release of hazardous materials therefrom

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Government\nCode § 54956.8: (2 cases)\nA. Property Address/Description: APN 430-481-02, 430-481-03, 430-\n481-04, 430-481-05 Agency: City of Tustin City Negotiators: Aldo E.\n11/15/24, 1:18 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nSchindler, City Manager; Nicole Bernard, Assistant City Manager;\nRyan Swiontek, Deputy Director of Real Property; and Kenneth\nPiguee, Real Property Manager Negotiating Parties: Irvine Company\nUnder Negotiation: Price and Terms of Payment\nB. Property Address/Description: 430-272-04, 430-272-12, 430-272-14,\n430-272-24, 430-272-27, 430-272-28 Agency: City of Tustin City\nNegotiators: Aldo E. Schindler, City Manager; Nicole Bernard,\nAssistant City Manager; Ryan Swiontek, Deputy Director of Real\nProperty; Kenneth Piguee, Real Property Manager; and Greg\nDevereaux, Worthington Partners, LLC Negotiating Parties: Topgolf\nInternational Under Negotiation: Price and Terms of Payment

10. CONSULTANT SERVICES AGREEMENT WITH KINGDOM CAUSES,\nINC., DBA CITY NET, FOR HOMELESS OUTREACH AND CASE\nMANAGEMENT SERVICES Consultant Services Agreement with\nKingdom Causes, Inc., dba City Net, for Homeless Outreach and Case\nManagement Services.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Approve a Consultant Services Agreement with\nKingdom Causes, Inc., dba City Net, for Homeless Outreach and Case\nManagement Services; and 2. Authorize the City Manager to execute the\nConsultant Services Agreement with City Net for Homeless Outreach and\nCase Management Services. Fiscal Impact: If approved, the agreement\nwith Kingdom Causes, Inc. will end on June 30, 2027, in the amount of\n$535,688 which includes $30,000 for Client Services. The two-and-one-\nhalf year term is recommended to align the contract with the City's\nbiennial budget process. Sufficient funds have been appropriated in the\nFiscal Year 2024-25 budget to cover the costs of $101,585.79. Funding for\nsubsequent years will be requested through the budget process for each\nrespective fiscal year.

11. SELECTION OF A COMMERCIAL REAL ESTATE BROKER FOR\nMARKETING AND SOLICITATION SERVICES FOR A PORTION OF\nDISPOSITION AREA 5 AT TUSTIN LEGACY Request for selection of a\ncommercial real estate broker to provide marketing and solicitation\nservices for approximately 14 acres of vacant property within Disposition\nArea 5 at Tustin Legacy.\nRecommendation: Authorize the City Manager to negotiate and execute a\nListing Agreement with CCP Real Estate Advisors, subject to non-\nsubstantive additions or modifications as may be deemed necessary\nand/or recommended by the City Attorney.Fiscal Impact: Compensation\nfor brokerage services is typically based on a commission structure,\nmeaning that the City is not liable for any compensation to a commercial\nreal estate broker until the close of escrow on a land sale or execution of\na ground lease. City staff has negotiated the following tiered commission\nstructure with the recommended broker, CCP Real Estate Advisors, which\naligns with both other responses received and industry standards. Land\nSale: 5.0% of the sale price up to the first $10,000,000.00 4.0% of the\nnext $10,000,000.00 up to $20,000,000.00 3.0% of the sale price amount\nexceeding $20,000,000.00 Ground Lease: 5% of the lease value The final\ncompensation amount will depend on the success of a future conveyance.\nIt is unclear at this time whether the property would be conveyed under a\nsale or ground lease.

12. FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT\nWITH TOWNSEND PUBLIC AFFAIRS INC Request for approval of the\nFourth Amendment to the Professional Services Agreement with\nTownsend Public Affairs for state legislative advocacy and grant writing\nservices.\nRecommendation: It is recommended that the City Council take the\nfollowing actions: 1. Authorize the City Manager to execute the Fourth\nAmendment to the Professional Services Agreement with Townsend\nPublic Affairs covering a period of January 1, 2025 - December 31, 2026,\nat a monthly cost of $7,500. Fiscal Impact: If approved, the Fourth\nAmendment to the Professional Services Agreement with Townsend\nPublic Affairs, will raise their monthly fee by $500, bringing it to $7,500 per\nmonth. This adjustment will increase the annual cost of retaining\nTownsend Public Affairs from $84,000 to $90,000. There is sufficient\nfunding in the Fiscal Year 24/25 budget to cover the new monthly amount.

13. APPROVING THE APPOINTMENT OF STUART A. GREENBERG AS\nINTERIM POLICE CHIEF Adoption of the attached Resolution will\napprove the City Manager’s appointment of Stuart A. Greenberg to the\nretired annuitant position of Interim Police Chief upon his retirement as the\nCity’s full-time Police Chief until a new permanent Police Chief begins\nemployment with the City.\nRecommendation: Adopt Resolution No. 24-81 approving the City\nManager’s appointment of Stuart A. Greenberg to the retired annuitant\nposition of Interim Police Chief. RESOLUTION NO. 24-81 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\n11/15/24, 1:18 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\nCALIFORNIA, APPROVING THE APPOINTMENT OF STUART A.\nGREENBERG AS INTERIM POLICE CHIEF AS A RETIRED ANNUITANT\nPURSUANT TO GOVERNMENT CODE SECTION 21221(H) Fiscal\nImpact: Authorization of this Interim Police Chief position will result in an\nestimated cost of up to $18,000 per month, which will be funded from the\nPolice Department’s vacancy savings. No additional budget appropriation\nis requested.

14. FY2023 URBAN AREA SECURITY INITIATIVE GRANT The City of\nAnaheim, in its capacity as a core City for the Anaheim/Santa Ana Urban\nArea, has applied for, received and accepted a grant entitled "FY 2023\nUrban Areas Security Initiative" Grant Program. This grant is from the\nFederal Department of Homeland Security, Federal Emergency\nManagement Agency, through the State of California Office of Emergency\nServices. It is intended to enhance countywide emergency preparedness,\nand to help the Operational Area prevent, respond to, and recover from\nacts of terrorism, as set forth in the grant guidelines and assurances that\nare incorporated into the Agreement by reference. The Office of Grants\nand Training has awarded $5,113,750 to the City of Anaheim for use in the\nAnaheim/Santa Ana Urban Area, for the performance term of September\n1, 2023, through March 31, 2026 (FY2023). In which, the grant period for\nsub-recipients (e.g., City of Tustin) can be awarded through the period of\nAugust 14, 2024, to March 31, 2026. The funds are now available for\ndistribution throughout the Operational Area, and the City of Tustin, as a\nsub-recipient, is authorized to participate in the grant funding.\nRecommendation: It is recommended that the City Council: 1. Adopt\nResolution 24-82, designating the Chief of Police or his designee as the\nCity's authorized representative for the FY 2023; and 2. Approve the FY\n2023 Urban Areas Security Initiative Transfer Agreement between the City\nof Anaheim and the City of Tustin. RESOLUTION NO. 24-82 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS\nDESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR\nTHE FY 2023 URBAN AREAS SECURITY INITIATIVE Fiscal Impact:\nThere will be no impact on the General Fund.

15. POLICE DEPARTMENT VEHICLE PURCHASE Six marked Tustin Police\nDepartment patrol vehicles have been identified as needing to be\nreplaced due to excessive mileage and/or age. Staff is recommending the\npurchase of five 2025 Dodge Durango pursuit-rated vehicles and one\n2025 Chevrolet Tahoe pursuit-rated vehicle to replace the aging patrol\nvehicles.\nRecommendation: It is recommended the City Council authorize: 1. The\npurchase of five 2025 Dodge Durango pursuit-rated vehicles from the\nNational Auto Fleet Group in the City of Alhambra in the amount of\n$301,821.45 ($60,364.29 each) as replacements for five of the aging,\nhigh-mileage vehicles scheduled for replacement; 2. The purchase of\npolice equipment conversion packages for five 2025 Dodge Durango\n11/15/24, 1:18 PM Regular Meeting of the City Council/Closed Session-5:30 pm/Regular Meeting-7:00 pm\npursuit-rated vehicles in the amount of $92,248.62 ($18,449.72 each); 3.\nThe purchase of trunk trays for five Dodge Durango pursuit-rated vehicles\nin the total amount of $1,925.00 ($385.00 each); 4. The purchase of a\nbattery box for one Dodge Durango pursuit-rated vehicle in the amount of\n$200.07; 5. The purchase of one 2025 Chevrolet Tahoe pursuit-rated\nvehicle from the National Auto Fleet Group in the City of Alhambra in the\namount of $66,592.18 as replacement for the one aging, high-mileage\nvehicle scheduled for replacement; 6. The purchase of a police equipment\nconversion package for one 2025 Chevrolet Tahoe pursuit-rated vehicle\n(Watch Commander) in the amount of $22,692.41; 7. The purchase of\ngraphic designs from Digital Magic Signs for five 2025 Dodge Durango\npursuit-rated vehicles and one 2025 Chevrolet Tahoe pursuit-rated vehicle\nin the amount of $3,837.34 ($639.56 each); and, 8. Declare, in\naccordance with the Tustin City Code - Section 1630a (2), Unit #3412\n(2C3CDXKTXKH726985), Unit #3415 (1GNSKDEC6LR180475), Unit\n#3417 (2C3CDXKT1KH726986), and Unit #3439\n(2C3CDXAT3DH722488), previously assigned to the Patrol Division, as\nsurplus and not required for public use and authorize the sale at the next\npublic auction, crediting net proceeds to applicable City revenue fund.\nFiscal Impact: The Fiscal Year 2024-25 approved budget includes\nsufficient funds in the Equipment Fund (Fund 184) to purchase and upfit\nsix patrol vehicles and add them to the Police Department's fleet. The\nanticipated surplus value of the following vehicles are as follows: • 2019\nDodge Charger (Unit #3412, 2C3CDXKTXKH726985): $1,500.00; • 2019\nChevrolet Tahoe (Unit #3415, 1GNSKDEC6LR180475): $1,500.00; • 2019\nDodge Charger (Unit #3417, 2C3CDXKT1KH726986): $1,500.00; and, •\n2013 Dodge Charger (Unit #3439, 2C3CDXAT3DH722488): $1,500.00.

16. HOUSING ELEMENT REZONE IMPLEMENTING PROGRAMS 1.1A,\n1.1B, 1.1F, AND 1.1G OF THE 6TH CYCLE 2021-2029 HOUSING\nELEMENT OF THE GENERAL PLAN Under State law, the City’s Housing\nElement must show that the City can provide its fair share of regional\nhousing over an eight-year period (2021 to 2029). The City’s share of\nhousing is established by a process called the Regional Housing Needs\nAllocation ("RHNA").The current RHNA mandates the City to\naccommodate the construction of at least 6,782 dwelling units. However,\nthe City’s current zoning can only accommodate 4,614 new dwellings;\nwhich results in a shortfall of 2,168 units. Pursuant to the mandates of\nState law, the City established a "rezone program" in the Housing Element\nthat specifies properties that will be rezoned to residential to resolve the\nshortfall. After lengthy public engagement and input, surveys, workshops,\nand hearings, the Planning Commission recommended approval of the\nHousing Element on September 13, 2022, and the City Council adopted\nthe Housing Element on October 4, 2022. The adopted Housing Element\nincluded programs to accommodate the RHNA shortfall by rezoning areas\nof Tustin Legacy, the Enderle Center, and the Tustin Market Place. The\nadopted Housing Element was then submitted to the California\nDepartment of Housing and Community Development ("HCD"), and\nsubsequently, the City received certification by HCD on October 10, 2022.\nThe proposed Housing Element Rezone implements the City’s adopted\nand certified Housing Element. PROJECT SITES: (A) TUSTIN LEGACY\nSPECIFIC PLAN (TLSP) - HOUSING ELEMENT SITES 1A, 1B & 2\nGeneral Plan: Tustin Legacy Specific Plan (TLSP) Current Zoning:\nTustin Legacy Specific Plan (SP-1), Neighborhoods D and G Property\nOwner: City of Tustin 300 Centennial Way, Tustin, CA\n92780 (B) ENDERLE CENTER - HOUSING ELEMENT SITE 17 General\nPlan: Planned Community Commercial/Business (PCCB) Current\nZoning: Planned Community Commercial (PC COM) Property Owner:\nEMS Development Company 4081 Yorba Street\nTustin, CA 92780-2010 (C) THE MARKET PLACE - HOUSING\nELEMENT SITE 18 General Plan: Planned Community\nCommercial/Business (PCCB) Current Zoning: East Tustin Specific Plan\nMixed-Use (SP-8-MU) Property Owner: The Irvine Company\n500 Newport Center Drive Newport Beach, CA 92660\nRecommendation: That the City Council take the following actions for the\nrezone areas: Tustin Legacy - Sites 1A, 1B and 2 1. Adopt Resolution No.\n24-76 finding that the Final Supplemental Environmental Impact Report\n(FSEIR) for Tustin Legacy Specific Plan (TLSP) Amendment 2024-0002 is\nadequate and certify the FSEIR (Attachment 5); 2. Introduce Ordinance\nNo. 1547 for Specific Plan Amendment (SPA) 2024-0002 to allow for\nadditional high density residential development on three sites in the TLSP,\nHousing Element Sites 1a, 1b, and 2, with a minimum density of 20 units\nper acre (du/acre) on the selected sites and set the adoption of the\nordinance for the next City Council meeting (Attachment 6); Enderle\nCenter - Site 17 3. Adopt Resolution No. 24-77, finding that the Final\nEnvironmental Impact Report (FEIR) for General Plan Amendment (GPA)\n2024-0001, Code Amendment (CA) 2024-0003, and Zone Change (ZC)\n2024-0001 is adequate and certify the FEIR (Attachment 8); 4. Introduce\nOrdinance No. 1549 for CA 2024-0003 to establish a Housing Overlay\n(HO) district (overlay zone) in conjunction with the planned community\ncommercial district (base zone) to implement the housing implementation\nprogram of the 6th Cycle 2021-2029 housing element of the general plan\nand set the adoption of the ordinance for the next City Council meeting\n(Attachment 9); 5. Introduce Ordinance No. 1550 for ZC 2024-0001 to\namend the City's zoning map to apply the Housing Overlay (HO) district to\nthe Enderle Center Rezone Project area and set the adoption of the\nordinance for the next City Council meeting (Attachment 10); The Market\nPlace - Site 18 6. Adopt Resolution No. 24-78, finding that the FEIR for\nGPA 2024-0001 and East Tustin Specific Plan (ETSP) Amendment 2024-\n0001 is adequate and certify the FEIR (Attachment 12); 7. Introduce\nOrdinance No. 1551 for SPA 2024-0001 to accommodate residential\ndevelopment on 18 acres of The Market Place Rezone Project site and\ncreate a new high density residential land use category to implement the\nHousing Implementation Program of the 6th Cycle Housing Element of the\nGeneral Plan and set the adoption of the ordinance for the next City\nCouncil meeting (Attachment 13). General Plan Consistency (Enderle\nCenter & The Market Place) 8. Adopt Resolution No. 24-79, approving\nGPA 2024-0001 for minor text amendments to ensure consistency with\nthe proposed ZC 2024-0001 (Housing Element Site 17 - Enderle Center)\nand SPA 2024-0001 (Housing Element Site 18 - The Market Place)\n(Attachment 14). RESOLUTION NO. 24-76 A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFING\nSTATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE\nDISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/EIR") AND\nADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF\nOVERRIDING CONSIDERATIONS, AND ERRATA FOR SPECIFIC PLAN\nAMENDMENT 2024-0002 TO IMPLEMENT THE HOUSING\nIMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029\nHOUSING ELEMENT OF THE GENERAL PLAN - HOUSING ELEMENT\nSITES 1A, 1B, AND 2 (TUSTIN LEGACY) RESOLUTION NO. 24-77 A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,\nCALIFORNIA, CERTIFING THE FINAL ENVIRONMENTAL IMPACT\nREPORT AND ADOPTING ENVIRONMENTAL FINDINGS, A\nSTATEMENT OF OVERRIDING CONSIDERATIONS, AND ERRATA FOR\nGENERAL PLAN AMENDMENT 2024-0001, ZONE CHANGE 2024-0001,\nAND CODE AMENDMENT 2024-0003 - HOUSING ELEMENT SITE 17\n(ENDERLE CENTER) RESOLUTION NO. 24-78 A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,\nCERTIFING THE FINAL ENVIRONMENTAL IMPACT REPORT AND\nADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF\nOVERRIDING CONSIDERATIONS, AND ERRATA FOR GENERAL PLAN\nAMENDMENT 2024-0001 AND SPECIFIC PLAN AMENDMENT 2024-\n0001 TO IMPLEMENT THE HOUSING IMPLEMENTATION PROGRAM\nOF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE\nGENERAL PLAN - HOUSING ELEMENT SITE 18 (THE MARKET\nPLACE) RESOLUTION NO. 24-79 A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING\nGENERAL PLAN AMENDMENT 2024-0001, FOR MINOR TEXT\nAMENDMENTS TO ENSURE CONSISTENCY WITH THE PROPOSED\nZONE CHANGE 2024-0001 (HOUSING ELEMENT SITE 17 - ENDERLE\nCENTER) AND SPECIFIC PLAN AMENDMENT 2024-0001 (HOUSING\nELEMENT SITE 18 - MARKET PLACE) TO IMPLEMENT THE HOUSING\nIMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029\nHOUSING ELEMENT OF THE GENERAL PLAN (GENERAL PLAN\nAMENDMENT 2024-0001) ORDINANCE NO. 1547 AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC\nPLAN AMENDMENT (SPA) 2024-0002 TO INCREASE RESIDENTIAL\nCAPACITY WITHIN NEIGHBORHOODS D AND G OF THE TUSTIN\nLEGACY SPECIFIC PLAN TO IMPLEMENT THE HOUSING\nIMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029\nHOUSING ELEMENT OF THE GENERAL PLAN - HOUSING ELEMENT\nSITES 1A, 1B, AND 2 ORDINANCE 1549 AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE\n2024-0003, TO ESTABLISH A HOUSING OVERLAY (HO) DISTRICT\n(OVERLAY ZONE) IN CONJUNCTION WITH THE PLANNED\nCOMMUNITY COMMERCIAL DISTRICT TO IMPLEMENT THE\nHOUSING IMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-\n2029 HOUSING ELEMENT OF THE GENERAL PLAN (CODE\nAMENDMENT 2024-0003) ORDINANCE 1550 AN ORDINANCE OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONE CHANGE\n2024-0001, TO AMEND THE CITY'S ZONING MAP TO APPLY THE\nHOUSING OVERLAY (HO) DISTRICT TO THE ENDERLE CENTER\nREZONE PROJECT AREA TO IMPLEMENT THE HOUSING\nIMPLEMENTATION PROGRAM OF THE 6TH CYCLE 2021-2029\nHOUSING ELEMENT OF THE GENERAL PLAN (ZONE CHANGE 2024-\n0001) ORDINANCE 1551 AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF TUSTIN APPROVING SPECIFIC PLAN AMENDMENT\n2024-0001, TO AMEND THE EAST TUSTIN SPECIFIC PLAN (SP-8) TO\nCREATE A NEW HIGH DENSITY RESIDENTIAL (HDR) LAND USE\nCATEGORY, AND APPLY THE HDR ZONE TO 18 ACRES OF EXISTING\nSURFACE PARKING IN THE TUSTIN MARKET PLACE SHOPPING\nCENTER TO IMPLEMENT THE HOUSING IMPLEMENTATION\nPROGRAM OF THE 6TH CYCLE 2021-2029 HOUSING ELEMENT OF\nTHE GENERAL PLAN - HOUSING ELEMENT SITE 18 - THE MARKET\nPLACE. Fiscal Impact: The Housing Element Rezone Project is a City-\ninitiated project. The City Council has appropriated funds to carry out the\nHousing Element Rezone Project.

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 $1,088,141.36, and $1,185,240.33 and Demands\nin the amount of $8,842,259.85.

4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND\nTHE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY\nREDEVELOPMENT AGENCY FOR THE QUARTER ENDED\nSEPTEMBER 30, 2024 Government Code Section 53646 requires that\nthe Treasurer make an Investment Report to the City Council at least\nquarterly showing balances by authorized investment and certifying its\ncompliance with the adopted Investment Policy.\nRecommendation: Receive and file. Fiscal Impact: There is no fiscal\nimpact associated with this item.

5. AUTHORIZATION TO ENTER INTO A THREE-YEAR AGREEMENT\nWITH OPENGOV FOR THE IMPLEMENTATION AND USAGE OF THE\nBUDGETING AND WORKFORCE PLANNING SUITE Staff is requesting\nCity Council’s authorization to enter into a three-year agreement with\nOpenGov for the implementation and usage of their Budgeting and\nWorkforce Planning suite. This recommendation follows the successful\nintroduction of the City’s first digital budget book during the Fiscal Year\n2023-2025 Biennial Budget cycle, which improved accessibility and\ntransparency of the budget data. However, the current platform still lacks\ncomprehensive functionality. Implementation of the new solution will\ncontinue to modernize the budget process by adopting a platform capable\nof real-time reporting, personnel cost projections, multiple budget scenario\nmanagement, and enhancing public transparency.\nRecommendation: It is recommended that the City Council authorize the\nCity Manager or designee to enter into a three-year agreement with\nOpenGov for the implementation and use of their Budgeting and\nWorkforce Planning Suite for a total amount of $262,608.Fiscal Impact:\nThere are sufficient funds in the Fiscal Year 2024-2025 Information\nTechnology Fund operating budget to cover the cost of year one under\nthis agreement. Funding for subsequent years will be requested through\nthe budget process for each respective fiscal year. The cost of the three-\nyear contract is as follows: Year One (FY 2024-25): * $109,241 Year Two\n(FY 2025-26): $74,813 Year Three (FY 2026-27): $78,554 Total: $262,608\n* Year one includes an estimated $65,600 in implementation costs.

6. AMEND AGREEMENT WITH WEST COAST ARBORISTS, INC. Request\napproval to amend the Urban Forestry Management Agreement with West\nCoast Arborists, Inc. The proposed amendment extends the agreement\nterm by an additional five and a half years and updates the fee schedule.\nRecommendation: It is recommended that the City Council: 1. Approve\nAmendment No. 4 to the Urban Forestry Management Agreement with\nWest Coast Arborists, Inc. to extend the term of the agreement for an\nadditional five and a half years; and 2. Authorize the Mayor to execute\nAmendment No. 4 to the Urban Forestry Management Agreement with\nWest Coast Arborists, Inc. on behalf of the City. Fiscal Impact: Sufficient\nfunds are budgeted and appropriated within the Public Works\nDepartment's operating budget for Fiscal Year 2024-2025. Each\nsubsequent year is contingent upon City Council approval of the annual\nbudget appropriation and satisfactory performance of services provided.\nThe contract amount may vary based upon discretionary services on a\ncase by case basis for tree removal, replacement, and supplemental\nwatering.

7. ANNUAL WATER ENTERPRISE FINANCIAL MODEL UPDATE On\nDecember 5, 2023, the City Council approved annual water rates effective\nJanuary 1 of each year, with the final adjustment occurring on January 1,\n2028. To ensure annual rate adjustments are consistent with the operating\nneeds of the Water Enterprise, staff completed an annual update to the\nWater Enterprise Financial Model.\nRecommendation: That the City Council receive and file this report.Fiscal\nImpact: There is no fiscal impact associated with this item.

8. AGREEMENT WITH CITY OF IRVINE FOR JAMBOREE ROAD AND\nIRVINE BOULEVARD IMPROVEMENTS Staff is requesting that the City\nCouncil approve a Cooperative Agreement with the City of Irvine for the\nJamboree Road and Irvine Boulevard Intersection Improvement Project.\nThe cities of Tustin and Irvine have identified the need to enhance traffic\nflow and reduce congestion at the intersection of Jamboree Road and\nIrvine Boulevard. Improvements for this intersection are identified and fully\nfunded by the City of Irvine’s North Irvine Transportation Mitigation\nProgram. Since the project delivery requires cooperation from each\nagency, an agreement is required to identify and implement the project\nimprovements.\nRecommendation: It is recommended that the City Council: 1. Approve\nCooperative Agreement for Jamboree Road/Irvine Boulevard Intersection\nImprovement Project between the City of Irvine and the City of Tustin; and\n2. Authorize the City Manager or his designee, the Director of Public\nWorks, and City Clerk to execute the agreement on behalf of the City.\nFiscal Impact: Sufficient funds in the amount of $2,000,000 have been\nbudgeted in the Fiscal Year 2024-2025 Capital Improvement Program\nbudget for Tustin's obligated construction phase of the project. Per the\nagreement Tustin's total construction costs will be fully reimbursed by the\nCity of Irvine, as the project is funded through the North Irvine\nTransportation Mitigation Program.

9. FIRST READING OF ORDINANCE REVISING THE START TIME OF\nREGULAR MEETINGS OF THE CITY COUNCIL AND PLANNING\nCOMMISSION At the Mayor’s request, the City Council is requested to\nconsider adopting the attached Ordinance No. 1548 to revise the Tustin\nCity Code to change the starting time of the Council’s regular meetings to\n4:30 p.m. for closed sessions during regular meetings and 6:00 p.m. for\nopen session regular meetings, and to revise the start time for the\nPlanning Commission’s regular meetings to 6:00 p.m. Under the schedule\nin the proposed ordinance, the City Council’s meetings would still be\nscheduled on the first and third Tuesdays of each month, and the\nPlanning Commission’s meetings would occur on the second and fourth\nTuesday of each month.\nRecommendation: It is recommended that the City Council: 1. Introduce\nand approve first reading by title only of Ordinance No. 1548 replacing\nand superseding Tustin City Code section 1301 regarding regular\nmeetings of the City Council, and Tustin City Code section 1515 regarding\nregular meetings of the Planning Commission; and 2. Schedule adoption\nof Ordinance No. 1548 at the City Council's Regular Meeting on\nDecember 3, 2024. ORDINANCE NO. 1548 AN ORDINANCE OF THE\nCITY COUNCIL OF THE CITY OF TUSTIN REPLACING AND\nSUPERSEDING TUSTIN CITY CODE SECTION 1301 REGARDING\nREGULAR MEETINGS OF THE CITY COUNCIL, AND TUSTIN CITY\nCODE SECTION 1515 REGARDING REGULAR MEETINGS OF THE\nPLANNING COMMISSION Fiscal Impact: No direct fiscal impact is\nanticipated to occur by revising the start time of regular meetings.