HomeMy WebLinkAboutCC MINUTES 2006 04 03MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
APRIL 3, 2006
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William A. Huston, City Manager and Douglas C. Holland, City
Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
AAE vs. City of Tustin
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Property: 305 East Main Street
Negotiators: Assistant City Manager Christine Shingleton (City)
and Cathy Sipia of Cathy's Kids Club
Under Negotiation: Acquisition
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8
Property Property defined within the Master Developer
footprint at Tustin Legacy (the former Marine Corps
Air Station Tustin) including Reuse Plan Disposal
Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27,
City Council Meeting April 3, 2006
Minutes Page 1 of 18
28, 29, 30, 31 and portions of Reuse Plan Disposal
Parcel 40.
City Negotiators: Christine Shingleton, Assistant City Manager and
Clayton Gantz, Special Legal Counsel.
Negotiators for Tustin Legacy Community Partners: Les Thomas, Richard
Douglass, Simon Whitmey, and Jack Godard.
Under Negotiation: Price and Terms of Payment.
RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed
under Closed Session.
RECONVENE - At 7:01 p.m. City Council reconvened in public session.
PUBLIC MEETING
CALL TO ORDER - 7:01 P.M.
INVOCATION -Dane Counts, Chaplain, Tustin American Legion Post 227
COLORS PRESENTATION & PLEDGE OF ALLEGIANCE -Tustin American Legion Post
227
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen;
Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report.
FIRST PUBLIC INPUT -Kimberly Parring and Jenna Loeser, representatives of Habitat for
Humanity, addressed the council on the need for affordable housing
City Council Meeting April 3, 2006
Minutes Page 2 of 18
PUBLIC HEARINGS
1. 2005 TUSTIN URBAN WATER MANAGEMENT PLAN UPDATE
The California Urban Water Management Planning Act (Act) was established by
State Assembly Bill No. 797 (AB-797). It requires urban water suppliers providing
water for municipal services of more than 3,000 connections or 3,000 acre-feet of
water production annually, to prepare, conduct a public hearing, and adopt a plan
in accordance with the prescribed requirements of the Act.
Presentation given by Fred Adjarian, Water Services Manager
Public hearing opened at 7:12 p.m. There were no public speakers and the hearing
closed at 7:12 p.m.
Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember
Bone, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 06-32 - A resolution of the City Council of the City of
Tustin adopting the City of Tustin's Urban Water Management Plan
pursuant to California Water Code 10610 to 10657
2. JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
Congress established the Byrne Justice Assistance Grant (JAG) program in the 2005
Omnibus Appropriations Package. The JAG program blends the previous Edward
Byrne Formula Grant (Byrne) and the Local Law Enforcement Block Grant (LLEBG)
programs into one program, which is intended to provide agencies with the flexibility
to prioritize and place justice funds where they are most needed. The Police
Department proposes to use the 2006-2007 JAG funds to purchase communications
equipment, specifically hand-held radios.
Public hearing opened at 7:12 p.m. There were no public speakers and the hearing
closed at 7:12 p.m.
Motion: It was moved by Councilmember Amante, seconded by Councilmember
Kawashima, to approve as follows:
2.a. Authorize usage of the funds as recommended by the Police Department; and
2.b. Authorize reimbursement from the County of Orange to the City of Tustin for
the purchase of Motorola radios, and authorize the Chief of Police to sign any
grant related paperwork on behalf of the City.
Motion carried 5-0.
City Council Meeting April 3, 2006
Minutes Page 3 of 18
3. MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 05-002)
Zone Change 05-002 is an amendment to the MCAS Tustin Specific Plan to adjust
Planning Area boundaries and redistribute and/or eliminate planned land uses within
the Specific Plan area. Zone Change 05-002 would not increase the overall
development potential or residential capacity currently allowed by the MCAS Tustin
Specific Plan. On March 27, 2006, the Planning Commission recommended that the
City Council approve an Addendum to the FEIS/EIR for Disposal and Reuse of
MCAS Tustin and that the City Council approve MCAS Tustin Specific Plan
Amendment (Zone Change) 05-002.
Applicants: City of Tustin and Tustin Legacy Community Partners, LLC
Presentation given by Elizabeth Binsack, Community Development Director
Master Developer Selection
• Tustin Legacy Community Partners LLC selected to be Master Developer in
October 2003.
• TLCP LLC members include Centex Homes, Shea Homes, and Shea Properties.
• Master Developer Footprint is about 820 acres, or about % of the former MCAS
Tustin property.
Zone Change 05-02
• MCAS Tustin Specific Plan Amendment
• Based on Policy Direction provided by the City Council on November 1, 2004.
• Accommodates the Refined Master Development Plan for Tustin Legacy.
• Based on Several Guiding Principles.
Guiding Principles
The Community Core is the Heart...the Linear Park is the Soul
• Linear Park - A Tustin landmark, the project's identity, and the plan's dominant
organizing element
• Connectivity - All roads lead to the park, all districts
connect to the park
• The Grid Pattern - A primary organizing street element, emphasizing pedestrian-
friendty, walkable blocks
• Community Core - A vibrant mixed-use district with a variety of land uses that will
be market responsive
• Open Community Plan - No gates, minimal barriers, community amenities
accessible to all of Tustin
• No Change - In overall Specific Plan capacity limits
and overall EIR capacity limits
Proposed Amendments
• No increase in residential dwelling count.
• No increase in non-residential square footage.
• No significant change in open space.
City Council Meeting April 3, 2006
Minutes Page 4 of 18
• Some shifts in locations of future development.
Proposed Amendments -Summarized
• Remove Golf Course as land use in PA 15.
• Increase park acreages, including Linear Park.
• Change Neighborhood D and E boundaries.
• Modify permitted land uses and development standards within the Community
Core.
• Modify land use and trip budget tables.
• Provide consolidated development standards for Planning Areas 9-12.
• Amend Neighborhood G (PA 15) as follows:
^ Add MHDR for transfer of unused units from PA 20 and PA 21.
^ Add office uses, congregate care.
^ Expand Commercial Uses.
^ Eliminate hotel use in PA 15.
• Amend Neighborhood B as follows:
^ Reduce development square footage.
^ Allow for transfer of square footage to Neighborhood G (PA 15).
• Amend Planning Areas 7-15 as follows:
^ Add parks as permitted use.
^ Make daycare limits match State requirements.
^ Update adult use terminology.
^ Consolidate uses within general categories.
f Amend the definitions to address new uses or make clarifications.
• Amend the General Development Regulations to include standards for alcoholic
beverage sales.
• Modify parking standards for mixed uses in the Community Core.
• Modify administrative procedures in Chapter 4 for development processing.
Preparation of Addendum for MCAS Tustin FEIS/EIR
• Extensive environmental review of the proposed project.
• Updated physical and regulatory conditions.
• Analyzed revised project based on updated conditions.
• No new significant impacts or substantially more severe impacts were identified
beyond those previously identified in the FEIS/EIR.
Councilmember Bone thanked staff on hotel issue and commented on conference
facility needed with dinner and banquet services
Mayor Davert reported on the elimination of golf course and non-gated open
community being built at Tustin Legacy.
Public hearing opened at 7:25 p.m. There were no public speakers and the hearing
closed at 7:25 p.m.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
City Council Meeting April 3, 2006
Minutes Page 5 of 18
Amante, to approve as follows:
3.a. Adopt resolution; and
RESOLUTION NO. 06-43 - A resolution of the City Council of the City of
Tustin, California approving an Addendum to the Final Environmental Impact
Statement /Environmental Impact Report for the disposal and reuse of MCAS
Tustin (UFEIS/EIR") for MCAS Tustin Specific Plan Amendment (Zone
Change) 05-002 and Disposition and Development Agreement 06-01; and
adopting a revised mitigation monitoring and reporting program
3.b. Introduce and have first reading by title only of the following ordinance:
ORDINANCE NO. 1311 - An ordinance of the City Council of the City of
Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change) 05-
002 to amend various sections of the MCAS Tustin Speck Plan
Motion carried 5-0.
CONSENT CALENDAR -Pulled Items 8, 10 and 15 for separate discussion. It was moved
by Councilmember Bone, seconded by Mayor Pro Tem Hagen, to approve Consent
Calendar items 4 through 7, 9, and 11 through 14 as recommended by staff. Motion carried
5-0.
4. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 20, 2006
Motion: Approve the Regular City Council Meeting Minutes of March 20, 2006.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $1,938,999.92 and 3,228,822.23;
Reversals in the amount of $129,649.59; and Payroll in the amount of $544,834.48.
6. CONSIDERATION OF CLAIM OF MRS. A. M. KAAS, CLAIM NO. 06-07
Motion: That the City Council deny Claim Number 06-07, Mrs. A. M. Kaas, and direct
Staff to send notice thereof to the Claimant.
7. PLANNING ACTION AGENDA -MARCH 27, 2006
All actions of the Planning Commission become final unless appealed by the City
Council or member of the public.
Motion: Ratify the Planning Commission Action Agenda of March 27 2006.
City Council Meeting April 3, 2006
Minutes Page 6 of 18
8. APPROVAL OF A CONSULTANT SERVICES AGREEMENT WITH ECONOMICS,
INC. TO PREPARE A SOLID WASTE BASE YEAR STUDY FOR SUBMISSION TO
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
In order to more accurately measure City compliance with the AB-939 diversion
requirements, up-to-date solid waste data is essential. The City's annual report
currently utilizes 2001 as the base year.
Councilmember Amante requested clarification on base year study and recycling
efforts.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to approve a Consultant Services Agreement with EcoNomics, Inc. in the
amount of $43,450 to prepare a new base year study, which will establish 2005 as the
new base year for submittal to the California Integrated Waste Management Board
(CIWMB). Motion carried 5-0.
9. BOYS & GIRLS CLUB BUS DONATION FOR THE SENIOR TRANSPORTATION
PROGRAM
The Boys and Girls Club of Tustin is offering to donate a 16-passenger bus with
"' wheelchair lift to the City. Its primary use would be for the Senior Transportation
Program and would replace the current back-up 1994 Ford 16A/2W (16 ambulatory /
2 wheelchairs) passenger bus.
Motion: Accept donation of a bus from the Boys and Girls Club of Tustin.
10. APPROVAL OF AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT
WITH RJM DESIGN GROUP FOR ADDITIONAL PROFESSIONAL SERVICES FOR
CITRUS RANCH PARK CIP NO. 2046
Councilmember Amante requested construction start date and expected opening.
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem
Hagen, to approve a change order in the amount of $59,100 for the first amendment
to the Consultant Services Agreement between RJM Design Group, Inc. and the City
for additional design services for the Citrus Ranch Park Project (CIP NO. 2046) and
authorize the City Manager and the Director of Parks and Recreation to execute the
amended Consultant Services Agreement on behalf of the City, subject to City
Attorney approval. Motion carried 5-0.
11. AWARD OF BID FOR ONE RIDING LAWNMOWER
City Council Meeting April 3, 2006
Minutes Page 7 of 18
Motion: Award a bid for the purchase of one riding lawn mower to Bob Hicks Turf
Equipment, in the amount of $66,284.57.
12. EXTENSION OF WEST COAST ARBORIST, INC. TREE TRIMMING CONTRACT
The proposed extension will increase the existing fee schedule by 15%, with no
further increase for the duration of the five (5) year extension. The contract
amendment will also provide for an option of additional five (5) one-year extensions
based upon future Consumer Price Index adjustments.
Motion: Approve a contract amendment to provide a five (5) year extension to the
existing Tree Trimming Contract with West Coast Arborists, Inc. from July 1, 2006
through June 30, 2011 and authorize the Mayor to execute the contract amendment,
subject to the City Attorney's approval.
13. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE GENERAL FUND AREAS WITH TRUGREEN LANDCARE
Approval of the second contract amendment with TruGreen LandCare will extend the
agreement for landscape maintenance services for the General Fund Areas for the
period from July 1, 2006 to June 30, 2007, with no increase in cost requested by the
contractor. The amendment also provides for the addition of landscape maintenance
services for additional City water facilities.
Motion: Approve the second amendment to the contract agreement between
TruGreen LandCare and the City of Tustin for landscape maintenance services for the
General Fund Areas, subject to City Attomey approval.
14. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE ASSESSMENT DISTRICT AREAS WITH TRUGREEN LANDCARE
Approval of the second contract amendment with TruGreen LandCare will extend the
agreement for landscape maintenance services for the Assessment District areas for
the period from July 1, 2006 to June 30, 2007. This amendment also provides for the
addition of landscape maintenance services for the Peters Canyon Trail -Phase V.
Motion: Approve the second amendment to the contract agreement between
TruGreen LandCare and the City of Tustin for landscape maintenance services for the
Assessment District areas, subject to City Attomey approval.
15. CITY.. OF TUSTIN RESPONSE TO CITY OF SANTA ANA NOTICE OF
PREPARATION (NQP) FOR THE .METRO EAST MIXED USE .OVERLAY ZONE
DRAFT EIR
City Council Meeting April 3, 2006
Minutes Page 8 of 18
City Council authorization is requested for the City of Tustin's response to the Notice
of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) prepared for a
General Plan Amendment and Zoning Code Amendment to allow for the development
of higher density mixed-use and/or residential land uses within an overlay zone of 200
acres. The proposed Overlay Zone is located directly adjacent to the City of Tustin,
west of Tustin Avenue, south of East Sixth Street, and between Interstate 5 and State
Route 55 in the City of Santa Ana.
Motion: It was moved by Mayor Davert, seconded by Councilmember Amante, to
authorize staff to add traffic diversion and historic resources in the draft response
letter and send to the City of Santa Ana. Motion carried 5-0.
REGULAR BUSINESS
16. TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROGRAM FAIR SHARE
ANALYSIS
An analysis has been completed of the fair share contributions required of each
development area at the former MCAS Tustin as necessary to finance public facilities
needed to serve new development.
Presentation by Christine Shingleton, Assistant City Manager
Basis for Program
• Need for infrastructure
• Requirement for a fair share or pro-rated distribution of costs
• Estimates originally created in 2001, with updates needed to reflect changes in
land use plan, new flood control and water quality requirements, and other
environmental mitigation requirements
• Report completed that has under gone intensive review and comment from major
developers at Tustin Legacy including TLCP and Lennar
Cost Allocations
• LennarSquare $28.4 M
• Lennar-Grove 18.9 M
• Lennar-Irvine 13.1 M
• WL Homes 9.7 M
• Vestar 36.3m
• TLCP 228.Om
• Other
Contributions 13.9m
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Hagen, to review and approve the Tustin Legacy Backbone Infrastructure Program
Fair Share Analysis and instruct City Staff to utilize the fair share allocations identified
for specific development areas pursuant to contractual agreements with developers at
City Council Meeting April 3, 2006
Minutes Page 9 of 18
Tustin Legacy, conditions of entitlement approval for specific development projects at
the former base in both Tustin and Irvine and in any and all property negotiations for
disposition by the City of property at Tustin Legacy. Motion carried 5-0.
17. GRAD NIGHT FUNDING
Tustin High School and Foothill High School are requesting a $2,500 donation each
from the City to support Grad Nite Activities.
Representatives from Foothill and Tustin High requested donation from City for Grad
Nite events.
Motion: It was moved by Councilmember Kawashima, seconded by Mayor Pro
Tem Hagen, to approve funding as requested. Motion carried 4-1 (Bone opposed).
RECESSED TO JOINT SESSION BETWEEN THE CITY COUNCIL AND THE TUSTIN
PUBLIC FINANCING AUTHORITY AT 7:40 P.M.
18. TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 06-01
(MASTER DEVELOPMENT SITE)
Approval is requested of a Disposition and Development Agreement (DDA) for the
Master Development site between the City of Tustin, Tustin Public Financing
Authority, and Tustin Legacy Community Partners, LLC ("TLCP" or the
"Developer") for the sale and development of certain property at Tustin legacy
("Project").
Presentation by Christine Shingleton, Assistant City Manager
Parties to the Agreement
• TLCP (Tustin Legacy Community Partners, LLC)
• Centex Homes
• Shea Homes
• Shea Properties
• Tustin
• City of Tustin
• Tustin Public Financing Authority
Negotiating Objectives
• Business and Financial
• Maximize Land Value
• Reinvest Project Proceeds for Long Term Value Creation
• Minimize the City's Risk
• City Participation in Profits based on Value Added from development
• Risk Management
• Completion Guarantee
City Council Meeting April 3, 2006
Minutes Page 10 of 18
• Completion of Public Improvements
• Environmental Indemnification
• Fiscal Objectives
• Protection and Enhancement of the General Fund
• City Cost Recovery
• Property Maintenance and Security Responsibility
• Judicious Use of Public Funding
• Planning and Community Objectives
• Establish a New Center of Activity in the City and Region
• Create a "unique Sense of Place"
• Establish a complimentary relationship with the surrounding community
• Create livable communities
• Urban Design Objectives
• Sociable neighborhoods
• Integration with Public Uses
• Mixed Use Core
• Interconnected Open Spaces
• Human Scale
• Sustainable Design
Performance Based Transaction
• Prevent "Cherry Picking"
• Land takedown by Phase based on Performance in previous phase
• Requirements before proceeding to next phase
^ Sufficient progress in the construction of Backbone Infrastructure and Local
Backbone
^ Sufficient sales of land to Vertical Builders
^ Sufficient construction of vertical improvements
Phases -Developable Acreage
Phase 1 160 acres
Residential - 111 acres
Mixed Use - 39 acres
Office - 10 acres
Phase 2 190 acres
Residential - 74 acres
Retail - 26 acres
Office - 84 acres
Industrial - 6 acres
Phase 3 54 acres
Office - 35 acres
Retail - 2 acres
Industrial - 16 acres
Phase 4 15 acres
Closing Dates
Phase 1 Sept 15, 2006
City Council Meeting April 3, 2006
Minutes Page 11 of 18
Phase 2 Sept 15, 2009
Phase 3 July 1, 2011
Phase 4 will be contingent upon City's ability to convey Hangar 29
* All property will be conveyed to TLCP in an "as is, where is" condition
Administrative and Performance Obligations of TLCP
• TLCP pays all City costs related to negotiating and documenting DDA
• TLCP to fund all City costs associated with administering DDA not to exceed
$4,048,270
• Performance Deposit - $500,000 to secure obligations of TLCP under DDA
• Development Costs -TLCP to fund all project development costs including all
direct and indirect costs associated with acquisition, construction, and normal
entitlement fees.
Base Purchase Price
• Phase 1: no cash payment
• Phase 2: $150M (Sept 2009)
• Phase 3: $86M (July 2011)
• Phase 4: future appraisal
• TOTAL: $236M*
* does not include Phase 4 or Participation; amounts are in 2006 dollars (non-
discounted)
Participation
• City to receive 50% of profit once TLCP has reached agreed upon minimum [
profit threshold
• Minimum Threshold: the greater of 20% IRR or 15% of estimated gross revenue
up to $114.5M
TLCP Infrastructure Obligations
• Backbone Infrastructure - $228M
^ Total Backbone Infrastructure for Tustin Legacy is $348M... TLCP
responsible for $228M... minus any third party construction and/or
reimbursements
^ A portion of Backbone costs will be recaptured by TLCP through the
establishment of Community Facility Districts (assessment districts)
^ All Backbone and Local Backbone Infrastructure is to be constructed in
Phases 1 and 2
• Local Infrastructure - $204M
Overview -Scope of Development
• Residential
Ownership and Rental 185 ac
• Non-Residential
Office, retail, industrial, hotel, congregate care, other 234 ac
• Non-Saleable Uses
Public and Private Parks, Open Space, Schools and Infrastructure 403 ac
City Council Meeting April 3, 2006
Minutes Page 12 of 18
• TOTAL: 822 ac
Residential Products
Density Units Acres
~:. Low-Density 533 104 ac
Medium-Density 489 48 ac
Medium/High Density 1,083 33 ac
TOTAL* 2,105 185 ac
* Affordable units are included in the "Total Units"
Non-Residential Uses
Uses Sauare Feet Acres
Retail 494,604 31 ac
Office (General & Office Park) 4,724,324 145 ac
Industrial 627,046 32 ac
Congregate Care 158,994 7 ac
Hotel (<500 rooms) 380,000 6 ac
Theatre and Other 55,001 2 ac
Hangar 29 Parcel 299,074 15 ac
TOTAL 6,739,042 234 ac
Non-Salable Uses
Schools 50 acres
^ High School (40 acres)
^ Elementary School (10 acres; can be expanded to 15 acres)
Parklands 170 acres
^ Public Parks (86 acres)
• 10.4 acre sports field and water detention area
• 46 acre Community Park including tennis and aquatic facilities
• 15.7 acres in linear parks
• 14.1 acres in Neighborhood Parks
^ Private Parks (84 acres)
Infrastructure 182 acres
^ Backbone Infrastructure (101 acres)
^ Local Infrastructure (81 acres)
TOTAL: 403 acres
Design Features
• Lineal Park System
^ All neighborhoods and districts lead to the park
^ Community organizing element
^ Active and passive areas
• Open Community Plan
^ No gated neighborhoods or districts
• Multi-Functional Circulation System
^ Pedestrian environment... walkable
^ Drivable environment
• Architectural framework
City Council Meeting April 3, 2006
Minutes Page 13 of 18
^ Creation of focal points
• Attention will be given to appropriate massing, scale, color and quality of
exteriors
• Landscape network
^ Create continuity between properties
^ Attention streetscape design, pedestrian and bikeway linkages, signage,
screening, and placement of view corridors
Master Block/Community Core
• Centerpiece of Tustin Legacy
• "new urban activity zone"
• Vertically and horizontally integrated uses
• Grid pattern street system emphasizing walkable blocks
• Mixed-Use Environment comparable in Quality and Amenities to:
• Santana Row (San Jose)
• Valencia Town Center (Valencia)
• Pearl District (Portland, Oregon)
• King Street Corridor (Mission Bay, SF)
Residential Design
• Consistent with Specific Plan
• 15% of Detached product to be Single Story
• High Architectural Quality & Character
• Four-sided Architecture
• Material, Quality and Amenities comparable to:
^ Tustin Field I & II
^ Master Planned Communities of Ladera and Talega
Non-Residential Design -Comparable in Quality and Amenities to:
• New Office and Industrial
^ Irvine Business Center
^ Irvine Spectrum
• Neighborhood Retail Centers
^ Oak Creek Village Center (Irvine)
^ Northpark Plaza (Irvine)
^ Newport Center North (Newport Beach)
• Bluffs (Newport Beach)
TLCP's Conditions Precedent to Closing Phase 1
• Closing costs
• Sector `A' map recordation
• Hydrology Study approved
• Implementation Strategy for Master Block within Community Core approved
• Design Guidelines approved
TLCP's Conditions Precedent to Closing Phase 2
• Sector `B' maps for Phase 1 and 2 recorded
City Council Meeting April 3, 2006
Minutes Page 14 of 18
• Substantial Progress in Phase 1 toward:
^ Completing all Backbone Infrastructure
^ Completing all Local Infrastructure
^ At least 75% of non-residential and mixed-use parcels in Phase 1 sold to
Vertical Builders
^ 100% of residential parcels in Phase 1 (Neighborhood G) sold to Vertical
Builders
TLCP's Conditions Precedent to Closing Phase 3
• Sector `B' maps for all TLCP Parcels recorded
• Substantial Progress:
^ Phase 1
• 100% of non-residential and mixed-use parcels in Phase 1 sold tc
Vertical Builders
• Substantial progress towards the Completion of Phase 1 Vertical
Development
^ Phase 2
• 100% of Backbone and Local Backbone Infrastructure in Phase 2
completed
• At least 75% of non-residential parcels in Phase 2 sold to Vertical
Builders
• Substantial progress towards the Completion of Phase 2 Vertical
Development
• 100% of residential parcels in Phase 2 (Neighborhood G) sold to Vertical
Builders
• Sector `C' maps for all parcels located in Neighborhood G completed
Other Provisions
• Insurance
• Indemnity
• Control of Transfer Issues
• Reversion
Councilmember Bone thanked staff and developer for job well done. Inquired on
water well ownership and operation. Shingleton indicated that it would be granted
by easement to IRWD. Also would like no fences around public school/park sites.
Staff indicated that joint use task force would address those issues.
Mayor Pro Tem Hagen thanked Shingleton and staff for job well done. Asked when
the final built out would be. Staff indicated that it would be approximately 2016.
Councilmember Kawashima commented on aquatic park and tennis complex
center.
Councilmember Amante mentioned that backbone infrastructure of Phase I (Tustin
Ranch Road north & south arterials) are needed for relief on Red Hill. Public
1, _ Works Director Serlet indicated that timing of road improvements would be priority.
City Council Meeting April 3, 2006
Minutes Page 15 of 18
Mayor Davert requested periodic updates to Planning Commission and City
Council. Acknowledged receipt of letter received from TUSD on school financing.
Richard Douglas, Les Thomas, Jack Godard commented on the creative process
thus far and looking forward to development process. Simon Whitmey, General
Manager of TLCP thanked staff.
City Council Action
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Hagen, to approve the following:
18.a. Adopt Resolution No. 06-42 approving Tustin Legacy DDA 06-01 subject to
any non-substantive modifications as may be determined necessary as may
be approved by the City Manager, or as recommended by the City's special
counselor the City Attorney and authorize the City Manager and/or Assistant
City Manager to execute the document and to take all actions necessary or
desirable to implement the DDA including the execution of all related
documents and instruments including the Memorandum of DDA, Ground
leases, Bill of Sales, Quitclaim Deeds, any necessary Subordination
Agreements, any Assignment and Assumption Agreements, any Certificates
of Compliance, any City Estoppels, any Special Restrictions and, upon
satisfaction of all conditions and obligations of Developer thereto and
pursuant to the DDA, to transfer the subject site in phases to the Developer
RESOLUTION NO. 06-42 - A resolution of the City Council of the City of
Tustin, California, approving the Tustin Legacy Disposition and Development
Agreement for the Master Development Site
Motion carried 5-0.
Tustin Public Financing Authority Action
Motion: It was moved by Boardmember Amante, seconded by Boardmember
Bone, to approve the following:
TPFA.2.a. Adopt TPFA Resolution No. 06-01 approving an Addendum to the
Final EIS/EIR for the Disposal and Reuse Of MCAS Tustin ("
FEIS/EIR") for DDA 06-01; and adopting a revised Mitigation
Monitoring Report.
TPFA RESOLUTION NO. 06-01 - A resolution of the Tustin Public
Financing Authority of the City of Tustin, California approving an
Addendum to the Final Environmental Impact Statement /
Environmental Impact Report for the disposal and reuse of MCAS
Tustin (UFEIS/EIR") for the Tustin Legacy Disposition and
Development Agreement 06-01 (Master Development Site); and
adopting a Revised Mitigation, Monitoring and Reporting Program
City Council Meeting April 3, 2006
Minutes Page 16 of 18
TPFA 2.b. Adopt Resolution No. 06-02 approving DDA 06-01 subject to any non-
substantive modifications as may be determined necessary as may
be approved by the City Manager, or as recommended by the City's
special counselor the City Attorney and authorize the City Manager
and/or Assistant City Manager to execute the document and to take
all actions necessary or desirable to implement the DDA including the
execution of all related documents and instruments including the
Memorandum of DDA, Ground Leases, Bill of Sales, Quitclaim Deeds,
any necessary Subordination Agreements, any Assignment and
Assumption Agreements, any Certificates of Compliance, any City
Estoppels, any Special Restrictions and, upon satisfaction of all
conditions and obligations of Developer thereto and pursuant to the
DDA, to transfer the subject site in phases to the Developer.
TPFA RESOLUTION NO. 06-02 - A resolution of the Tustin Public
Financing Authority, California approving the Tustin Legacy
Disposition and Development Agreement 06-01 (Master Development
Site)
Motion carried 5-0.
RECONVENED TO THE REGULAR MEETING OF THE CITY COUNCIL AT 8:16 P.M.
19. CITY COUNCIL -LEGISLATIVE UPDATES
• Discuss Proposed Ballot Measure A on the June 6, 2006 Election
Hagen, Amante, Kawashima and Davert support, Bone not supporting
Motion: It was moved by Councilmember Kawashima, seconded by Mayor Davert
to support Ballot Measure A. Motion carried 4-1 (Bone opposed)
SECOND PUBLIC INPUT -Billy Hall reported that American Legion selected 3 outstanding
boys for Boys State; Girls State program underway; would like to bring boys to council meeting
in July to report to Council.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Amante:
• Commended staff on their professionalism and hard work especially on development of
Tustin Legacy.
City Council Meeting April 3, 2006
Minutes Page 17 of 18
Councilmember Kawashima:
Commented on actions taken at tonight's meeting and milestone for Tustin Legacy;
Attended Senior Center Fund Board meeting, current focus is on modernizing and
expanding kitchen to provide healthier meals for seniors; and
Invited everyone to Casino and Karaoke Night on April 22"x.
Councilmember Bone:
• Thanked everyone who has participated in Base development;
• Along with Public Works Director Tim Serlet, met with CalTrans District 12 representative
to discuss recent OCTA presentation, Measure M widening of 55 and 5 freeways, funds
are available to study extension of 57 Freeway and South County Tunnel projects, and
would be working with staff on signal coordination at 5 freeway/Red Hill Avenue and 55
freeway/17~' Street; and
• Attended State League's Policy Committee on Transportation, Communication and Public
Works; requested staff agendize SB 1627 for future discussion.
Mayor Pro Tem Hagen:
• Reflected on past 12 years since closure of Base, Council did not give in to pressures for
high-rise buildings, always considered best interests of City and residents, and
commended staff and Council on great team-work.
Mayor Davert:
• Thanked Mayor Pro Tem Hagen for thousands of hours of work on Base development;
• Tustin Police Department's Baker to Vegas run was successful;
• Attended Public Safety League Committee meeting;
• Thanked staff for hard work now and in future development of Base;
• Announced Public Hearing on water rate increase at May 1St Council meeting; and
• Adjourned in memory of former Santa Ana Mayor Lorin Griset.
ADJOURNED - 8:37 P.M. -Next meeting scheduled for April 17, 2006 at 5:30 p.m. for
Closed Session and 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial
Way, Tustin, California.
Adjourn in memory of
former Santa Ana Mayor
Lorin Griset
DOUG AVERT, PAMELA STOKE
Mayor City Clerk
City Council Meeting April 3, 2006
Minutes Page 18 of 18