HomeMy WebLinkAbout01 CC MINUTES 03-20-12Agenda Item 1
Reviewed:
City Manager
Finance Director /A
MINUTES
OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL,
TUSTIN PUBLIC FINANCING AUTHORITY AND HOUSING AUTHORITY
300 CENTENNIAL WAY
TUSTIN, CA
MARCH 20, 2012
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2285 at 5:35 p.m.
r -NAVU I -IM141t
Present: Mayor John Nielsen, Mayor Pro Tem Al Murray, and
Councilmembers Jerry Amante, Deborah Gavello and Rebecca
"Beckie" Gomez
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David E. Kendig, City Attorney
PUBLIC INPUT — None
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 — EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] — Two Cases
2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
[Govt. Code § 54956.9(c)] — Two Cases
3. LIABILITY CLAIMS pursuant to Government Code Section 54956.95
• Consideration of claim of Erik Adams, Claim No. 11 -34
• Consideration of claim of Monique Wallace, Claim No. 11 -39
• Consideration of claim of Jessica Thompson, Claim No. 11 -40
• Consideration of claim of Alicia Rodriguez de Lozano, Claim No. 12 -03
• Consideration of claim of Estancia Homeowners Assoc., Claim No. 12 -05
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 1 of 15
4. EXISTING LITIGATION (five cases)
• Tustin Unified School District v. City ,of Tustin et al., Case No. 30 -2010-
00345476, Orange County Superior Court
• City of Tustin v. Tustin Unified School District et al., Case No. 30 -2011-
501073; Orange County Superior Court
• T- Mobile West Corporation v. City of Tustin, et al, United States District
Court, Central District of California, Case No. SACV11 -1854 JVS (RNBx)
• Angela Z. Jabour v. City of Tustin, OCSC Case No. 30- 2010 - 00343725
• Mira Properties v City of Tustin, Orange County Superior Court Case No.
30- 2011 - 00522643
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government
Code 54956.8)
• Property Address /Description: A portion of Parcel 1 of Tract 16696
A4encV:
City Negotiators:
Negotiating Parties:
Under Negotiation:
RECESSED at 5:36 p.m.
RECONVENED at 7:03 p.m.
and a portion of Parcel 1 as shown on
Record of Survey No 99 -1048
City of Tustin
Christine Shingleton, Assistant
Executive Director and Amy Freilich,
Special Counsel
Vestar /Kimco Tustin, L.P., represented
by Allan Kasen and Jeff Axtell.
Price and terms of payment
JOINT REGULAR MEETING OF THE CITY COUNCIL,
TUSTIN PUBLIC FINANCING AUTHORITY AND HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2285 at 7:03 p.m.
INVOCATION — Councilmember Gavello
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE — Emma Hobson, Miss Tustin 1st
Runner Up; Keila Halili, Miss Tustin 2012
ROLL CALL — City Clerk
Present: Mayor /Chairperson John Nielsen, Mayor Pro Tem/Vice Chairman Al
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 2 of 15
Murray, and Councilmembers /Board Members /Commissioners Jerry
Amante, Deborah Gavello and Rebecca "Beckie" Gomez .
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: David E. Kendig, City Attorney
CLOSED SESSION REPORT — City Attorney David E. Kendig — The City Council voted
unanimously to deny the liability claims of Monique Wallace, Jessica Thompson, Alicia
Rodriguez de Lozano and Estancia Homeowners Association. The Council voted 4 -0,
with Councilmember Gavello abstaining, to deny the claim of Erik Adams. Other than that,
the Council took no reportable action.
PRESENTATION
• Miss Tustin 2012 Court; Miss Tustin 2011
ORAL COMMUNICATION /PUBLIC INPUT — None
PUBLIC HEARING ITEMS 1 -2
1. TENTATIVE PARCEL MAP 2010 -153 AND CONDITIONAL USE PERMIT 2012-
02
Tentative Parcel Map 2010 -153 is a request to subdivide the three existing
parcels containing four office buildings into four (4) separate parcels located at
13362, 13372, 13400, 13420, and 13422 Newport Avenue and 1101 Bryan
Avenue. The subject property currently consists of four multi- tenant single story
medical office buildings with two access points (one from Newport Avenue and
one from Bryan Avenue) and on -site common parking and landscape areas.
The proposed Tentative Parcel Map would create a condominium office
complex to accommodate up to thirty nine (39) individually owned office suites.
A Conditional Use Permit 2012 -02 has been submitted for a joint -use off - street
parking plan.
On February 28, 2012, the Tustin Planning Commission adopted Resolution
4189, recommending that the Tustin City Council approve Tentative Parcel Map
2010 -153 and CUP 2012 -02 (Attachment E).
The public hearing opened at 7:31 p.m.
The public hearing closed at 7:32 p.m. with no comments
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tem Murray that the City Council adopt Resolution No. 12 -24 approving
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 3 of 15
Tentative Parcel Map (TPM) 2010 -153 and Conditional Use Permit 2012 -02.
Motion carried 5 -0
RESOLUTION NO. 12 -24
A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING
TENTATIVE PARCEL MAP 2010 -153 TO SUBDIVIDE THE EXISTING
THREE (3) MEDICAL OFFICE PARCELS INTO FOUR (4) SEPARATE
PARCELS AND UNITS FOR INDIVIDUAL SALE OF UP TO 39
MEDICAL OFFICE CONDOMINIUM SUITES AND CONDITIONAL USE
PERMIT 2012 -02 FOR JOINT -USE PARKING FOR THE PROPERTY
LOCATED AT 13362 - 13372 NEWPORT AVENUE (APN 500 - 131 -01),
13422 NEWPORT AVENUE (APN 500 - 131 -03), AND 1101 BRYAN
AVENUE (APN 500 - 131 -10)
2. GENERAL PLAN AMENDMENT 2011 -01 AND SPECIFIC PLAN AMENDMENT
2011 -04
General Plan Amendment (GPA) 2011 -01 proposes to update existing parks
and recreation facilities inventory, update proposed parks and recreational
facilities, update parks descriptions, and other minor text amendments. Specific
Plan Amendment (SPA) 2011 -04 proposes to increase the allowable number of
rental units (max. thirty (30) percent), allow transfer of residential units and non-
residential square footages between planning areas, eliminate a 9 -acre park
from neighborhood E, require the execution of a development agreement prior
to or concurrent with City approval of any development project, and implement
other minor text amendments to the MCAS Tustin Specific Plan.
The Planning Commission at the meeting of February 14, 2012, and February
28, 2012, considered the proposed General Plan Amendment (GPA) 2011 -01
and Specific Plan Amendment (SPA) 2011 -04.
The Planning Commission had concerns related to the increase of rental units,
the elimination of 9 -acre park site, clarification to the status of the blimp
hangars, and the references to Redevelopment Agency throughout the MCAS
Tustin Specific Plan. Staff addressed the concerns at the February 28, 2012,
meeting and the Planning Commission adopted Resolution No. 4190
recommending that the City Council approve GPA 2011 -01 and SPA 2011 -04.
The public hearing opened at 7:40 p.m.
The public hearing closed at 7:40 p.m. with no comments
Motion: It was moved by Mayor Pro Tern Murray and seconded by
Councilmember Amante that the City Council:
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 4 of 15
1. Adopt Resolution No. 12 -26 approving General Plan Amendment 2011 -01
by amending the Conservation /Open Space /Recreation element of the
General Plan to reflect existing and future parks and open spaces; and
2. Introduce and have first reading of Ordinance No. 1413, approving Specific
Plan Amendment 2011 -04 by establishing that 30 percent of total allowable
units within the City of Tustin can be rental, allowing transfer of residential
units and non - residential square footages between planning areas,
eliminating a 9 -acre sports park from neighborhood E, requiring the
execution of a development agreement prior to or concurrent with City
approval of any development project, and implementing minor text
amendments to the MCAS Tustin Specific Plan; and set for second reading
at the City Council meeting of April 3, 2012.
Motion carried 4 -1 (Councilmember Gavello dissenting)
ORDINANCE NO. 1413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2011 -04,
INCREASING THE ALLOWABLE NUMBER OF RENTAL UNITS,
ALLOWING TRANSFER OF RESIDENTIAL UNITS AND NOW
RESIDENTIAL SQUARE FOOTAGES BETWEEN PLANNING AREAS,
ELIMINATING A 9 -ACRE SPORTS PARK FROM NEIGHBORHOOD E,
REQUIRING THE EXECUTION OF DEVELOPMENT AGREEMENT
PRIOR TO OR CONCURRENT WITH CITY APPROVAL OF ANY
DEVELOPMENT PROJECT, AND IMPLEMENTING MINOR TEXT
AMENDMENTS TO THE MCAS TUSTIN SPECIFIC PLAN.
CONSENT CALENDAR ITEMS 3 -15
It was moved by Mayor Pro Tem/Vice Chairman Murray and seconded by
Councilmember /Commissioner Gavello to pull consent items 5 and 15 and to approve the
balance of the consent calendar items as recommended by staff.
Motion carried 5 -0
3. APPROVAL OF MINUTES — REGULAR MEETING OF CITY COUNCIL HELD
ON MARCH 6, 2012
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on March 6, 2012.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
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
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 5 of 15
5.
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the approved budget or continued operations authorizations.
Recommendation: Approve Payroll in the amount of $695,705.80 and
Demands in the amount of $4,236,979.92.
APPROVAL OF OPERATOR SERVICES AGREEMENT FOR CARNIVAL
RIDES AND CONCESSION SERVICES FOR THE TUSTIN TILLER DAYS
FESTIVAL
Approval of an Operator Services Agreement between the City of Tustin and
North American Amusements, Inc., dba Shamrock Shows, to provide the City
with carnival rides and concession services for the Tustin Tiller Days Festival.
Motion: It was moved by Mayor Pro Tern Murray and seconded by
Councilmember Gavello to authorize the Mayor and the City Clerk to execute an
Operator Services Agreement with the firm North American Amusements, Inc.,
dba Shamrock Shows for the 2012 Tustin Tiller Days Festival and two (2)
optional one year extensions.
Motion carried 5 -0
DESTRUCTION OF RECORDS — CITY CLERK'S OFFICE
Resolution No. 01 -91, the Record Retention /Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and City Council.
Recommendation: Adopt Resolution 12 -31, authorizing the destruction of
records in the possession of the City Clerk's Office.
RESOLUTION NO. 12 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY
RECORDS AND PAPERS IN THE POSSESSION OF THE CITY CLERK
OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE
CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY
GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION
SCHEDULE
AUTHORIZATION TO PURCHASE EQUIPMENT AND DECLARATION OF
SURPLUS EQUIPMENT FOR PUBLIC AUCTION
Staff is requesting City Council authorization to purchase two utility trucks and
one backhoe loader for use by the Public Works Department. In addition, the
City Council is requested to declare city certain equipment surplus in
accordance with Section 1626a (2) of the Tustin City Code and authorize their
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 6 of 15
sale at public auction.
Recommendation: That the City Council:
1. Adopt Resolution No. 12 -22 authorizing the State of California
Department of General Services to purchase two (2) Chevrolet utility
trucks from Coalinga Motors of Coalinga, CA. in the amount of
$67,785.55 and one (1) John Deere Backhoe Loader from Coastline
Equipment Long Beach, CA in the amount of $105,707.65;
2. Declare, in accordance with the Tustin City Code, Section 1626a (2), the
attached it list of equipment as surplus and not required for public
use; and
3. Authorize the sale of the equipment listed above at the next available
public auction and apply net proceeds to applicable City Revenue fund.
RESOLUTION NO. 12 -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL
SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE
CERTAIN ITEMS
8. APPROVE CONTRACT FOR ANNUAL CATCH BASIN INSERT CLEANING
AND MAINTENANCE SERVICES
The approval of a multiyear contract with West Coast Storm, Inc. will provide for
the regular cleaning and maintenance of catch basin inserts installed within the
public right -of -way.
Recommendation: That the City Council approve a contract with West Coast
Storm, Inc. for the Annual Catch Basin Insert Cleaning and Maintenance
Services, and authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
9. APPROVE A CONSULTANT SERVICES AGREEMENT WITH TAIT AND
ASSOCIATES FOR PREPARATION OF AN ENGINEERING FEASIBILITY
STUDY FOR RED HILL AVENUE STREETSCAPE AND MEDIAN
IMPROVEMENTS (CIP NO. 70209)
City Council approval is requested of a Consultant Services Agreement with Tait
& Associates to prepare an Engineering Feasibility Study for Red Hill Avenue
Streetscape and Median Improvements between Bryan Avenue and the 1 -5
Freeway. This project is one of the short-term action projects identified within
the Center City area of the "Neighborhoods of Tustin Town Center: A New
Beginning, a Strategic Guide to Development" report.
Recommendation: That the City Council authorize the City Manager to execute
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 7 of 15
a Consultant Services Agreement with Tait & Associates to prepare an
Engineering Feasibility Study (Study) for Red Hill Avenue Streetscape and
Median Improvements project.
10. ADOPT RESOLUTIONS ESTABLISHING ICMA RETIREMENT
CORPORATION, A PLAN ADMINISTRATOR FOR SECTION 401 AND 457
DEFERRED COMPENSATION PLANS
The City currently offers two providers (Nationwide Insurance and Great West
Insurance) for the employees to choose from for Section 401 and 457 deferred
compensation plans. ICMA Retirement Corporation (ICMA -RC) is a non - profit
corporation that provides deferred compensation plans and would be offered as
another option for employees.
Recommendation: It is recommended the City Council:
1. Adopt Resolution No. 12 -15 adopting the section 457 deferred
compensation plan (DC Plan) administered by ICMA -RC; execute the
Declaration of Trust of VantageTrust; the City would serve as trustee
under the Plan and invest funds held under the Plan in the VantageTrust;
the Finance Director shall be the coordinator for the Plan; and the
Finance Director will be authorized to execute all necessary agreements
with the ICMA -RC incidental to the administration of the DC Plan.
2. Adopt Resolution No. 12 -16 permitting participants in the retirement plan
to take loans from section 401 and 457 deferred compensation plans.
3. Adopt Resolution No. 12 -17 establishing a section 401 money purchase
retirement plan (Plan) administered by ICMA -RC; execute the
Declaration of Trust of VantageTrust; the City would serve as trustee
under the Plan and invest funds held under the Plan in the VantageTrust;
the Finance Director shall be the coordinator far the Plan; and the
Finance Director will be authorized to execute all necessary agreements
with the ICMA -RC incidental to the administration of the Plan.
RESOLUTION NO. 12 -15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, RELATING TO A 457 DEFERRED COMPENSATION
PLAN
RESOLUTION NO. 12 -16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, RELATING TO AMENDING A RETIREMENT PLAN TO
PERMIT LOANS
RESOLUTION NO. 12 -17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, RELATING TO A 401 GOVERNMENTAL MONEY
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 8 of 15
PURCHASE PLAN & TRUST
11. 2011 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION
MONITORING STATUS REPORT FOR FEIS /EIR FOR MCAS TUSTIN
SPECIFIC PLAN
The California Government Code requires that the Planning Commission
provide a progress report to the City Council on the status of the City's General
Plan and the progress in its implementation, including the progress in meeting
our share of regional housing needs and efforts to remove governmental
constraints to housing development, maintenance, and improvement.
In addition, the City Council certified the Program Final Environmental Impact
Statement/Environmental Impact Report (FEIS /EIR) for the Disposal and Reuse
of MCAS Tustin along with its Supplemental and Addendum. The FEIS /EIR
evaluated the environmental impacts of the reuse and disposal of MCAS- Tustin,
which included the adoption of a Mitigation Monitoring and Reporting Program
(MMRP) pursuant to CEQA Guidelines Section 15097.
On March 13, 2012, the Planning Commission reviewed the General Plan
Annual Report and Annual Mitigation Monitoring Status Report and authorized
staff to forward the reports to the City Council. With Council authorization, staff
will forward the General Plan Annual Report to the State Office of Planning and
Research and the State Department of Housing and Community Development
in fulfillment of the State's requirement, and receive and file the Annual
Mitigation Monitoring Status Report.
Recommendation: That the City Council:
• Authorize staff to forward the General Plan Annual Report to the State
Office of Planning and Research and the State Department of Housing
and Community Development; and
• Receive and file the Annual Mitigation Monitoring Status Report and
authorize staff to submit subsequent report when considerable and
significant activities occur.
12. AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR
ADMINISTRATIVE SUPPORT PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34171 AND SUCCESSOR AGENCY APPROVAL OF AN
ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34177 Q)
Successor Agency Approval is requested of an Administrative Budget and
authorization for the City and Successor Agency to enter into an agreement for
administrative support and reimbursement for such services.
Recommendation: That the City Council approve and authorize the City to enter
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 9 of 15
in an Agreement for Reimbursement of Costs and City /Successor Agency
Operations Loan with the City acting as Successor Agency to the Tustin
Community Redevelopment Agency.
13. FIRST AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS AND FIRST AMENDMENT TO
SUPPLEMENTAL REGULATORY AGREEMENT FOR THE TUSTIN LEGACY
COVENTRY COURT PROJECT
Authorization is requested for amendments to the Regulatory Agreement and
Supplemental Regulatory Agreement for the Tustin Coventry Court Project at
Tustin Legacy with Tustin Coventry Seniors, LP.
Recommendation: It .is recommended that the City Council take the following
actions:
1. Approve and authorize the City Manager, or his designee, to execute the
First Amendment to Regulatory Agreement and Declaration of Restrictive
Covenants.
2. Approve and authorize the City Manager, or his designee, to execute the
First Amendment to Supplemental Regulatory Agreement.
14. FIRST AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS AND FIRST AMENDMENT TO
SUPPLEMENTAL REGULATORY AGREEMENT FOR THE TUSTIN LEGACY
COVENTRY COURT PROJECT
Authorization is requested for amendments to the Regulatory Agreement and
Supplemental Regulatory Agreement for the Tustin Coventry Court Project at
Tustin Legacy with Tustin Coventry Seniors, LP.
Recommendation: It is recommended that the Tustin Housing Authority approve
and authorize the Executive Director, or his designee, to execute the First
Amendment to Regulatory Agreement and Declaration of Restrictive Covenants.
15. COUNCIL FOLLOW -UP ITEM REGARDING CITY OF IRVINE JAMBOREE /1 -5
PROJECT
As a follow up to Councilmember Gavello's inquiry, City staff recently became
aware of an agreement between the City of Irvine and Foothill /Eastern
Transportation Corridor Agency titled "Temporary Congestion Relief Agreement
for the Jamboree /1 -5 Project ". The agreement provides for additional traffic
management strategies to relieve congestion during construction of the
Jamboree /1 -5 widening project which is currently underway. It will allow for
converting the toll booths of SR -261 at Irvine Blvd southbound on -ramp and
northbound off -ramp to free of charge ( "Free ") during the temporary closures of
Jamboree Road necessary to complement pavement reconstruction. Roadway
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 10 of 15
full closures will be allowed for a minimum of 4 and a maximum of 6 consecutive
weekends. A fully executed copy of the agreement is attached for further
reference. Please note the revised project completion date is April 2013.
Motion: It was moved by Mayor Pro Tern Murray and seconded by Mayor
Nielsen to receive and file.
Motion carried 5 -0
REGULAR BUSINESS ITEMS 16 -19
16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1411, MINOR
ZONING TEXT AMENDMENT
Draft Ordinance No. 1411 would standardize the way Zoning Districts are
referenced throughout the Zoning Code to ensure additional consistency with
the City Council- approved Zoning Map and also make other minor corrections to
the Tustin Zoning Code. On February 14, 2012, the Tustin Planning
Commission adopted Resolution 4187 recommending that the Tustin City
Council approve Code Amendment 2012 -001.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray to have second reading by title only and adoption of Ordinance No.
1411 (roll call vote).
Motion carried 4 -0 ( Councilmember Gavello abstaining)
ORDINANCE NO. 1411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, IMPLEMENTING MINOR TEXT AMENDMENTS TO THE
TUSTIN CITY CODE TO PROVIDE ADDITIONAL CONSISTENCY WITH
THE TUSTIN ZONING MAP
17. ORDINANCE NO. 1416 (CODE AMENDMENT NO. 2012 -002) AMENDING
TUSTIN CITY CODE SECTION 9252J3(d)(3) TO PROVIDE AN ADDITIONAL
PARKING EXCEPTION OPTION FOR THE COMMERCIAL PORTION OF THE
CULTURAL RESOURCES DISTRICT
In 2008, the Tustin City Council approved the Old Town Parking Study that
determined Old Town had a significant amount of available private parking and
modern parking standards were an impediment to the area's economic
development and health. The City Council has supported economic
development in Old Town by waiving parking related in -lieu and lease fees.
Proposed Ordinance No. 1416 would establish a new parking exception option
that allows all or a portion of a project's required on -site parking spaces to be
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 11 of 15
met through the payment of an annual $60 fee intended to compensate the City
for the proportional use and maintenance of public parking.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray that the Tustin City Council introduce and have first reading of
Ordinance No. 1416, amending Tustin City Code Section 9252J3(d)(3) to
provide an additional parking exception option to support economic
development within the commercial portion of Old Town Tustin (Attachment A);
and set the matter for second reading at the Council's April 3, 2012 meeting.
Motion carried 5 -0
ORDINANCE NO. 1416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 9252J3(d)(3)
TO PROVIDE AN ADDITIONAL PARKING EXCEPTION FOR THE
COMMERCIAL PORTION OF THE CULTURAL RESOURCES
DISTRICT.
18. ISSUANCE OF WATER REFUNDING REVENUE BONDS BY THE TUSTIN
PUBLIC FINANCING AUTHORITY
Approval by the Tustin Public Financing Authority ( "TPFA ") and the City of
Tustin ( "City ") is requested to authorize the issuance and sale of 2012
Refunding Water Revenue Bonds, ( "Bonds ") in an aggregate principal amount
not to exceed $10 million to refinance the 2003 Water Refunding Revenue
Bonds to take advantage of lower interest rates to reduce the annual debt
service payments.
Motion: It was moved by Councilmember /Board Member Amante and seconded
by Mayor Pro Tern/Vice Chairperson Murray that:
1. The TPFA adopt TPFA Resolution 12 -01 AUTHORIZING THE
ISSUANCE AND SALE OF WATER REVENUE BONDS TO
REFINANCE IMPROVEMENTS TO THE CITY OF TUSTIN'S
MUNICIPAL WATER ENTERPRISE AND APPROVING RELATED
DOCUMENTS AND OFFICIAL ACTIONS.
a. Indenture of Trust;
b. Installment Sale Agreement;
c. Band Purchase Agreement; and
d. Preliminary Official Statement.
2. The City Council adopt City Council Resolution 12 -30 APPROVING THE
PROCEEDINGS TO REFINANCE IMPROVEMENT TO THE CITY'S
MUNICIPAL WATER SYSTEM, APPROVING THE ISSUANCE OF
WATER REFUNDING REVENUE BONDS BY THE TUSTIN PUBLIC
FINANCING AUTHORITY FOR SUCH PURPOSES AND APPROVING
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 12 of 15
THE RELATED DOCUMENTS AND OFFICIAL ACTIONS.
a. Installment Sale Agreement;
b. Bond Purchase Agreement; and
c. Preliminary Official Statement.
Motion carried 5 -0
TPFA RESOLUTION NO. 12 -01
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF WATER
REFUNDING REVENUE BONDS TO REFINANCE IMPROVEMENTS
TO THE CITY OF TUSTIN'S MUNICIPAL WATER ENTERPRISE AND
APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS
RESOLUTION NO. 12 -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PROCEEDINGS TO REFINANCE
IMPROVEMENTS TO THE CITY'S MUNICIPAL WATER SYSTEM,
APPROVING THE ISSUANCE OF WATER REFUNDING REVENUE
BONDS BY THE TUSTIN PUBLIC FINANCING AUTHORITY FOR
SUCH PURPOSES AND APPROVING RELATED DOCUMENTS AND
OFFICIAL ACTIONS
19. LEGISLATIVE REPORT
Assistant Executive Director Christine Shingleton updated the Council regarding
the informal hearing she attended in Sacramento regarding military base
closures affected by the dissolution of redevelopment. She provided a legislative
summary of related bills that staff will continue to track and provide updates.
Mayor Nielsen shared the Association of California Cities of Orange County is
considering endorsing SB654 (Steinberg); requested to include military carve
out as a suggestion.
Councilmember Amante reported that a draft copy of Association of California
Cities of Orange County Successor Agency Guiding Principles handout is being
reviewed; recognition in Sacramento of effects of decision to dissolve
Redevelopment.
OTHER BUSINESS /COMMITTEE REPORTS
CITY MANAGER
• Thanked staff for work over last couple of weeks; acknowledged Christine
Shingleton's efforts in going to Sacramento
• Commented on the excellent work by Finance and Public Works regarding
refinancing water bonds; provided the roadmap for a positive AA rating
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 13 of 15
COUNCILMEMBER GAVELLO
• Visited City's fire stations; thanked firefighters; started tour at Orange County Fire
Authority; thanked Battalion Chief
• Toured the maintenance facility on Service Road; thanked Jason Churchill and
Doug Stack
COUNCILMEMBER GOMEZ
• Attended the American Association of University Women meeting on March 7;
guest speaker was Sandra Robbie, the writer and producer of a documentary film
on Mendez v. Westminster
• Attended the Association of California Cities of Orange County meeting on March 8
regarding options in redevelopment
• Toured the Newport Specialty Hospital on March 9
• Attended the Leprechaun Leap on March 17; 800 registered runners
• Attended the Youth Track Meet at Tustin High School; good turnout; thanked Parks
and Recreation
• Attended the Ethics and Conflict of Interest workshop at the Orange County Water
District on March 19
• Attended Tustin Area Council for Fine Arts reception; revealed the show for
Broadway in the Park, which will be South Pacific
• Thanked Lisa Woolery for putting together outreach information for the public
regarding the 1 -5 project
• Acknowledged staff has been busy due to the long agenda
COUNCILMEMBER AMANTE
• Will be refining the Association of California Cities of Orange County Guiding
Principles handout
• Provided update on the Orange County Transportation Authority; announced
progress regarding two year surface transportation bill which passed at the Senate
• Requested the Mayor and City Manager provide a staff report consisting of a
survey of cities and jurisdictional agencies with respect to council attendance
MAYOR PRO TEM MURRAY
• Attended the Association of California Cities of Orange County meeting; also
attended Economic Development and Jobs, and Successor Agency Task Force
meetings
Attended the Oversight Board meeting as a spectator
• Attended the Tustin Chamber breakfast; Officer Kent was recognized as Officer of
the Month; presentation by Mayor Nielsen
• Attended the Arbor Day event at Tustin Sports Park
• Attended Orange County Vector Control District budget sub - committee and trustee
meetings
• Attended the St. Patrick's Day luncheon at the Senior Center
• Attended annual Tustin Youth Track Meet; complimented Dave Wilson;
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 14 of 15
rescheduled to March 31 due to rain and wind
• Met with Chief Richter and Lori Zeller from Orange County Fire Authority
• Met with Southern California Gas Company staff; discussed emergency
preparations
• Wished a Happy (14th) Birthday to daughter Lili; complimented her for playing water
polo in the rain last weekend
MAYOR NIELSEN
• Spoke at the Tustin Chamber membership breakfast
• Spoke at Arbor Day tree planting ceremony; thanked Tustin Ranch Elementary 3rd
grade classes; announced the City of Tustin is Tree City USA for the 17th year by
Arbor Day Association
Attended Association of California Cities of Orange County business meeting on
March 8; congratulated Lisa Bartlett
• Ran in Chamber Leprechaun Leap 5K
• Attended Tustin Area Council of Fine Arts reveal party for South Pacific
• Mentioned the Tustin Area Historical Society promenade on Saturday, May 5
ADJOURNED TO SUCCESSOR AGENCY MEETING at 8:58 p.m. — Adjourn to Tuesday,
April 3, 2012, Special Meeting beginning at 4:30 p.m. followed by Closed Session Meeting
at 5:30 p.m. and Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial
Way, Tustin, California.
Joint City Council, Tustin Public Financing Authority March 20, 2012
and Housing Authority Regular Meeting Minutes Page 15 of 15