The URL can be used to link to this page

Home My WebLink About00 CC/SA AGENDACITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Al Murray, Mayor Pro Tem Jerry Amante, Councilmember Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember John Nielsen, Mayor OCTOBER 16, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2299 ATTENDANCE PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — One case 1. City of Tustin v. Keybank, N.A., Case #30- 2011 - 00529736- CU -FR- CXC 4. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 1. Consideration of Claim of Shirley Kunkel, Claim No. 12 -26 2. Consideration of Claim of Martin Diaz, Claim No. 12 -27 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Two cases NOTE: As required by Senate Bill 343, any non - confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. 1 2. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map 17144; Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430- 27-31 and 33 and a portion of APN 430 -37 -10 City of Tustin Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager O.C. Property Company, LLC, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Price and Terms of Payment Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation Tustin Legacy Disposition Package 1B to include sale of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract 17404. City of Tustin Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2299 INVOCATION — Councilmember Amante PLEDGE OF ALLEGIANCE — Mayor Pro Tem Murray ROLL CALL — City Clerk City Council /Successor Agency October 16, 2012 Meeting Agenda Page 2 of 10 CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS 1. Eagle Scout Joshua Chou 2. Fire Prevention Week (Orange County Fire Authority) 3. Scouting for Food ORAL COMMUNICATION /PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 9) 1 APPROVAL OF MINUTES — SPECIAL MEETING OF THE CITY COUNCIL AND JOINT REGULAR MEETING OF THE CITY COUNCIL /SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY /TUSTIN PUBLIC FINANCING AUTHORITY/ TUSTIN HOUSING AUTHORITY HELD ON OCTOBER 2, 2012. Recommendation: That the City Council approve the Action Minutes of the Special Meeting of the City Council and that the City Council /Successor Agency to the Tustin Community Redevelopment Agency approve the Action Minutes of the Joint Regular Meeting of the City Council /Successor Agency to the Tustin Community Redevelopment Agency /Tustin Housing Authority /Tustin Public Financing Authority held on October 2, 2012. 2. 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 and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $11,286.03 and $676,440.17; and Demands in the amount of $3,041.109.23. City Council /Successor Agency October 16, 2012 Meeting Agenda Page 3 of 10 3. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE FRONTIER PARK FITNESS ELEMENT (CIP NO. 20068) The Frontier Park Fitness Element has been completed and the project is ready for acceptance and filing of the Notice of Completion. Recommendation: That the City Council: 1. Adopt Resolution No. 12 -89 accepting the Frontier Park Fitness Element (CIP No. 20068), and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 12 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FRONTIER PARK FITNESS ELEMENT (CIP NO. 20068) 4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS — PHASE 2 CIP 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES/ REPLACEMENTS — PHASE 2 CIP 40080 The plans and specifications for the Traffic Signal Battery Backup System (BBS) Installations, Phase 2 CIP 40079, and the Traffic Signal Controller (TSC) Equipment Upgrades /Replacements, Phase 2 CIP 40080, have been prepared and the projects are ready to be bid. Recommendation: That the City Council adopt Resolution No. 12 -77 approving the plans and specifications for the Battery Backup System Installations — Phase 2 CIP 40079 and the Traffic Signal Controller Equipment Upgrades/ Replacements — Phase 2 CIP 40080, and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 12 -77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM INSTALLATIONS — PHASE 2 CIP NO. 40079 AND THE TRAFFIC SIGNAL CONTROLLER EQUIPMENT UPGRADES /REPLACEMENTS — PHASE 2 CIP NO. 40080, AND AUTHORIZING ADVERTISEMENT FOR BIDS City Council /Successor Agency October 16, 2012 Meeting Agenda Page 4 of 10 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE EDINGER AVENUE WELL PROJECT — PHASE I DRILLING CIP 60165 The plans and specifications for the Edinger Avenue Well Project — Phase I Drilling CIP 60165 have been prepared and the project is ready to be bid. Recommendation: That the City Council: 1. Appropriate $1,800,000 from the 2011 Water Revenue Bond Fund (Fund 305) to the Edinger Avenue Well Project — Phase I Drilling CIP 60165; and 2. Adopt Resolution No. 12 -90 approving the plans and specifications for the Edinger Avenue Well Project — Phase I Drilling CIP 60165, and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 12 -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE EDINGER AVENUE WELL PROJECT — PHASE I DRILLING CIP NO. 60165, AND AUTHORIZING ADVERTISEMENT FOR BIDS 6. RESPONSE TO JUNE 22, 2012 ORANGE COUNTY GRAND JURY REPORT - "THE DISSOLUTION OF REDEVELOPMENT" Pursuant to California law, the City of Tustin has prepared a response to submit to the Presiding Judge of the Orange County Superior Court regarding the June 22, 2012 Orange County Grand Jury Report entitled "The Dissolution of Redevelopment: Where Have We Been? What Lies Ahead ?" Recommendation: That the City Council approve the response to the Orange County Grand Jury Report entitled — "The Dissolution of Redevelopment: Where Have We Been? What Lies Ahead ?" and authorize the Mayor to sign and send the response to the Presiding Judge of the Orange County Superior Court. 7 APPROVAL OF SUCCESSOR AGENCY AND OVERSIGHT BOARD CONFLICT OF INTEREST CODES BY CITY COUNCIL AS THE CODE REVIEWING BODY. Recent changes in California law caused the Tustin Community Redevelopment Agency (CRA) to be dissolved. Pursuant to Health & Safety Code Sections 34171(j), 34173(a), and 34179, the Successor Agency to the Tustin Community Redevelopment Agency ( "Successor Agency ") and the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency ( "Oversight Board ") have been established to assist in winding down the City Council /Successor Agency October 16, 2012 Meeting Agenda Page 5 of 10 dissolved CRA. Both the Successor Agency and the Oversight Board are subject to various laws applicable to governmental agencies in the state of California, including conflict of interest regulations. Pursuant to the California Political Reform Act, Government Code Section 81000, et seq., every governmental agency must adopt a conflict of interest code. Accordingly, on June 19, 2012, the City Council, acting as the Successor Agency adopted a Conflict of Interest Code for the Successor Agency via Resolution No. 12 -06 (Exhibit "A "). On October 9, 2012, the Oversight Board adopted a Conflict of Interest Code for the Oversight Board via Resolution No. 12 -11 (Exhibit "B "). The California Political Reform Act specifies that a conflict of interest code must also be approved by the appropriate "code reviewing body." The Tustin City Council is the code reviewing body for both the Successor Agency and the Oversight Board. Recommendation: Adopt Resolution 12 -92, attached hereto as Exhibit C and entitled " A Resolution Of The City Council Of The City Of Tustin, California, As The Code Reviewing Body Pursuant To The California Political Reform Act, Approving The Conflict Of Interest Code For The Successor Agency To The Tustin Community Redevelopment Agency And The Conflict Of Interest Code For The Oversight Board Of The Successor Agency To The Tustin Community Redevelopment Agency." RESOLUTION NO. 12 -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AS THE CODE REVIEWING BODY PURSUANT TO THE CALIFORNIA POLITICAL REFORM ACT, APPROVING THE CONFLICT OF INTEREST CODE FOR THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE CONFLICT OF INTEREST CODE FOR THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 8. CAPITAL PROJECTS FUND BUDGET APPROPRIATION FOR VARIOUS REQUIRED TUSTIN LEGACY EXPENDITURES. There are several required environmental remediation expenditures, including the purchase of environmental insurance, costing approximately $700,000, necessary to continue with the sale and development of the Tustin Legacy project located within the former MCAS Tustin Redevelopment project area. Due to the dissolution of the Redevelopment Agency, staff is recommending that the resources to fund the environmental remediation expenditures of approximately $700,000 will be from the Capital Projects Fund undesignated fund balance. City Council /Successor Agency October 16, 2012 Meeting Agenda Page 6 of 10 Recommendation: That the City Council approve a budget appropriation in the amount of $700,000 out of the Capital Projects Fund undesignated fund balance to be expensed out of the Tustin Legacy Expenditure Account (200 -40 -00 -7500) to fund costs due to environmental remediation. 9. ADOPT RESOLUTION NO. 12 -87 DESIGNATING THE CITY'S AUTHORIZED AGENT FOR THE PURPOSE OF OBTAINING EMERGENCY MANAGEMENT PROGRAM GRANT FUNDING PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY THROUGH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY The California Emergency Management Agency (CaIEMA) requires a City resolution on file to designate the City's representative for the Emergency Management Program Grant. Program funds will be utilized to make various improvements to the City's Emergency Preparedness Program. Recommendation: That the City Council Adopt Resolution No. 12 -87 designating the Chief of Police as the City's authorized agent for the Emergency Management Program Grant. RESOLUTION NO. 12 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING THE CITY'S AUTHORIZED AGENT FOR THE PURPOSE OF OBTAINING EMERGENCY MANAGEMENT PROGRAM GRANT FUNDING PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY THROUGH THE CALIFORNIA EMRGENCY MANAGEMENT AGENCY REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 -16) 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1419, APPROVING ZONE CHANGE 2012 -001, AMENDING THE ZONING DESIGNATIONS FROM SINGLE FAMILY RESIDENTIAL (R1) TO PUBLIC AND INSTITUTIONAL (P &I) TO ACCOMMODATE CHURCH RELATED USES AT 13152 RED HILL AVENUE AND 1532 AND 1542 MELVIN WAY. Approval of zone change 2012 -001 will amend the zoning designations from single family residential (R1) to public and institutional (P &I) to accommodate church related uses at 13152 Red Hill Avenue and 1532 and 1542 Melvin Way. City Council /Successor Agency October 16, 2012 Meeting Agenda Page 7 of 10 Recommendation: Have second reading by title only and adoption of Ordinance No. 1419 (roll call vote). ORDINANCE NO. 1419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 2012 -001, AMENDING THE ZONING DESIGNATIONS FROM SINGLE FAMILY RESIDENTIAL (R1) TO PUBLIC AND INSTITUTIONAL (P &I) TO ACCOMMODATE CHURCH RELATED USES AT 13152 RED HILL AVENUE AND 1532 AND 1542 MELVIN WAY. 11. CITY OF TUSTIN STRATEGIC PLAN 2012 -2017 The attached Strategic Plan for 2012 -2017 reflects a seven month -long collaborative process that has culminated in a document that will guide and inform policy and program decisions for the next five years. The plan was developed with consideration for the community and organization's most important priorities, and includes an Implementation Action Plan. Staff is requesting Council approve the Strategic Plan so that staff may move forward with implementation, which will be integral to budget and planning processes over the next five years. Recommendation: That the City Council authorize and approve the Strategic Plan for the City of Tustin for 2012 -2017. 12. DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 2012 -001, DEVELOPMENT AGREEMENT 2012 -001, CONCEPT PLAN 2012 -002, DESIGN REVIEW (DR) 2012 -004, DENSITY TRANSFER, DENSITY BONUS, CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1), AND PARCEL MAP (PM) 2012 -136 FOR THE PROPOSED DEVELOPMENT OF TUSTIN LEGACY DISPOSITION PACKAGE 2A - 533 RESIDENTIAL APARTMENT UNITS (THE IRVINE COMPANY). The Tustin City Council has approved the "Tustin Legacy Disposition Strategy for the Former Master Developer Footprint for Neighborhoods B, D, E, and G" and directed staff to begin marketing of certain "Disposition Packages" at the property. Disposition Package 2A is a 21.735 acre parcel for multi - family apartment development that was advertised by staff through a Request for Proposals process that resulted in The Irvine Company being identified as the preferred developer of the site, so negotiations for development rights were commenced. On June 19, 2012, an Exclusive Negotiation Agreement (ENA) was executed with The Irvine Company. On October 9, 2012, the Tustin Planning Commission adopted Resolution No. 4206 recommending that the Tustin City Council approve Development Agreement (DA) 2012 -001, Concept City Council /Successor Agency October 16, 2012 Meeting Agenda Page 8 of 10 Plan (CP) 2012 -002, Design Review (DR) 2012 -004, Density Transfer, Density Bonus, Concessions or Incentives authorized under Tustin City Code Section 9123 related to the provision of affordable housing units in compliance with California Government Code Section 65915(1), and Parcel Map (PM) 2012 -136, required for the proposed development of Tustin Legacy Disposition Package 2A at Tustin Legacy. Staff is nearing completion of the required Disposition and Development Agreement (DDA) 2012 -001 intended to guide conveyance and execution of the site's proposed development and requests concurrent consideration of the matter before the Tustin City Council as soon as possible. Recommendation: That the City Council continue the item to an adjourned regular City Council meeting on October 30, 2012. 13. DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 2012 -002, DEVELOPMENT AGREEMENT (DA) 2012 -002, CONCEPT PLAN (CP) 2012- 003, DESIGN REVIEW (DR) 2012 -005, DENSITY TRANSFER, DENSITY BONUS, AND CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1) FOR PROPOSED DEVELOPMENT OF TUSTIN LEGACY DISPOSITION PACKAGE 1A - NORTH — 225 AFFORDABLE APARTMENT HOMES (ST. ANTON PARTNERS) The Tustin City Council has approved the "Tustin Legacy Disposition Strategy for the Former Master Developer Footprint for Neighborhoods B, D, E, and G" and directed staff to begin marketing of certain "Disposition Packages" at the property. Disposition Package 1A - North is an 8.073 acre multifamily residential parcel and a 4.706 acre park parcel (12.779 acres gross) that was advertised by staff through a Request for Proposals process that resulted in St. Anton Partners being identified as the preferred developer of the site, so negotiations for development rights were commenced. On June 19, 2012, an Exclusive Negotiation Agreement (ENA) was executed with The Irvine Company for St. Anton Partners. On October 9, 2012, the Tustin Planning Commission adopted Resolution No. 4205 recommending that the Tustin City Council approve Development Agreement (DA) 2012 -002, Concept Plan (CP) 2012 -003, Design Review (DR) 2012 -005, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123 related to the development of 225 affordable apartment units in compliance with California Government Code Section 65915(1) at Disposition Package 1A - North, Tustin Legacy. Staff is nearing completion of the required Disposition and Development Agreement (DDA) 2012 -002 intended to guide conveyance and execution of the site's proposed development and requests concurrent consideration of the City Council /Successor Agency October 16, 2012 Meeting Agenda Page 9 of 10 matter before the Tustin City Council as soon as possible. Recommendation: That the City Council continue the item to an adjourned regular City Council meeting on October 30, 2012. 14. RESTRICTIONS ON ELECTED OFFICIALS' AND EMPLOYEES' BUSINESS DEALINGS WITH THE CITY UPON LEAVING OFFICE OR EMPLOYMENT The City Council requested a report on local and state laws governing elected city officials and city employees in their post -term / post - employment dealings with the City. In general, state law establishes a one -year ban against elected officials and city managers from acting as a compensated representative for another person who has a matter being considered by the City. Recommendation: Receive and file. 15. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 16. ESTABLISHMENT OF A GENERAL FUND RESERVE POLICY AND SPECIAL FUND ACCOUNT In January 2012, Mayor Nielsen established as one of his goals the development of a comprehensive fund balance reserve policy to ensure appropriate reserves are maintained and that the City of Tustin follows a financial plan that creates fiscal sustainability for the future. Recommendation: That the City Council direct staff to prepare a resolution that establishes the following policy regarding General Fund reserves and Special Fund accounts. OTHER BUSINESS /COMMITTEE REPORTS ADJOURN to the Tuesday, October 30, 2012, Regular Adjourned meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council /Successor Agency October 16, 2012 Meeting Agenda Page 10 of 10