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Home My WebLink About05 CC MINUTES 10/16/12 & 10/30/12Agenda Item 5 Reviewed: City Manager Finance Director 11A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY TUSTIN, CA OCTOBER 16, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2299 at 5:34 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tern 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 [Govt. Code § 54956.9(b)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL [Govt. Code § 54956.9(c)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL Code § 54956.9(a)] — One case 1. City of Tustin v. Keybank, N.A., C City Council /Successor Agency Meeting Minutes — EXPOSURE TO LITIGATION — INITIATION OF LITIGATION — EXISTING LITIGATION [Govt. ase #30- 2011 - 00529736- CU -FR- October 16, 2012 Page 1 of 13 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 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Two cases 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 I Smith, John Tran and Mark I McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Price and Terms of Payment 2. j Property Tustin Legacy Disposition Package 1B Address /Description to include sale of Lots 8, 13, 14 and a portion of lettered lot 00000 in Tract; 17404. Agency City of Tustin __ _ City Negotiators ! Jeffrey C. Parker, City Manager, and John Buchanan, Program Manager Negotiating Parties Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Under Negotiation Price and Terms of Payment RECESSED at 5:35 p.m. RECONVENED at 7:05 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. City Council /Successor Agency October 16, 2012 Meeting Minutes Page 2 of 13 CALL TO ORDER — Meeting #2299 7:05 p.m. INVOCATION — Councilmember Amante PLEDGE OF ALLEGIANCE — Mayor Pro Tern Murray ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers 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 Council met in Closed Session and voted unanimously to deny claims 12 -26 and 12- 27; other than that, no reportable action PRESENTATIONS 1. Eagle Scout Joshua Chou 2. Scouting for Food — Tony Swanson, Mark Senesac 3. Fire Prevention Week (Orange County Fire Authority) — Battalion Chief Greg McKeown ORAL COMMUNICATION /PUBLIC INPUT • Erin Nielsen • Kurt Grossman CONSENT CALENDAR ITEMS 1 -9 Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro Tern Murray to pull consent items 3, 5, 6, and 8 and to approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried 5 -0 City Council /Successor Agency October 16, 2012 Meeting Minutes Page 3 of 13 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. 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Nielsen 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. Motion carried 5 -0 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) City Council /Successor Agency October 16, 2012 Meeting Minutes Page 4 of 13 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 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tem Murray 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. Motion carried 4 -1 ( Councilmember Gavello dissenting) City Council /Successor Agency October 16, 2012 Meeting Minutes Page 5 of 13 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 ?" Motion: It was moved by Councilmember Amante and seconded by Councilmember Gomez to approve the letter to the Orange County Grand Jury Report entitled — 'The Dissolution of Redevelopment: Where Have We Been? What Lies Ahead ?" as amended to include language regarding City representation on the Oversight Board to address Grand Jury concerns and authorize the Mayor to sign and send the response to the Presiding Judge of the Orange County Superior Court. Motion carried 5 -0 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 341710), 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 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 "). City Council /Successor Agency October 16, 2012 Meeting Minutes Page 6 of 13 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray 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. Motion carried 5 -0 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 City Council /Successor Agency October 16, 2012 Meeting Minutes Page 7 of 13 OF HOMELAND SECURITY THROUGH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY The California Emergency Management Agency (CalEMA) 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 EMERGENCY MANAGEMENT AGENCY REGULAR BUSINESS 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. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Amante to have second reading by title only and adoption of Ordinance No. 1419 (roll call vote). Motion carried 5 -0 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. City Council /Successor Agency October 16, 2012 Meeting Minutes Page 8 of 13 11. CITY OF TUSTIN STRATEGIC PLAN 2012 -2017 The attached Strategic Plan for 2012 -2017 reflects a seven month -long collaborativea 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. Motion: It was moved by Mayor Nielsen and seconded by Councilmember Amante to continue the item for further discussion and to return in November with a timeline. Motion carried 5 -0 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 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. City Council /Successor Agency October 16, 2012 Meeting Minutes Page 9 of 13 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. Motion: It was moved by Mayor Pro Tern Murray and seconded by Councilmember Amante that the City Council continue the item to an adjourned regular City Council meeting on October 30, 2012. Motion carried 4 -1 (Councilmember Gavello dissenting) 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 matter before the Tustin City Council as soon as possible. Motion: It was moved by Councilmember Amante and seconded by Mayor Nielsen that the City Council continue the item to an adjourned regular City City Council /Successor Agency October 16, 2012 Meeting Minutes Page 10 of 13 Council meeting on October 30, 2012. Motion carried 4 -1 (Councilmember Gavello dissenting) 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to receive and file. Motion carried 5 -0 Motion: It was moved by Councilmember Gavello and seconded by Councilmember Gomez that City Attorney David Kendig prepare an ordinance for council consideration concerning lobbying activities for current council members. Motion failed 1 -4 (Mayor Nielsen, Mayor Pro Tern Murray, Councilmembers Amante and Gomez dissenting) 15. LEGISLATIVE REPORT City Manager Parker gave an update on current legislation. 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. RECESSED at 8:47 p.m. RECONVENED at 8:53 p.m. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray that the City Council direct staff to prepare a resolution that establishes the following policy regarding General Fund reserves and Special Fund accounts. City Council /Successor Agency October 16, 2012 Meeting Minutes Page 11 of 13 Motion carried 5 -0 OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER • Recognized Director of Human Resources, Kristi Recchia COUNCILMEMBER GOMEZ • Had a great time at Tiller Days; thanked staff and Community Services Commissioner Amy Nakamoto • Thanked Tustin Chamber for hosting the pancake breakfast • On October 8 attended the State of the Schools celebration • Attended Frontier Park fitness equipment grand opening • Thanked Chief Jordan and staff for work on the strategic plan • Thanked Kristi Recchia for service • Encouraged all to vote MAYOR PRO TEM MURRAY • Thanked Orange County Supervisors for approving LPA as primary architect/engineer to prepare a general development plan for the 85 -acre regional park at Tustin Legacy • Participated as speaker at Orange County battalion chief training academy • Thanked the police department and Heideman students for the Walk to School event • Stated he and family enjoyed Tiller Days; special thanks to Cherrill Cady, Community Services Commission and staff • Attended State of the Schools breakfast • Attended Orange County Business Council's workforce development conference • Attended the Tustin Planning Commission meeting • Attended Tustin Chamber monthly breakfast celebrating officer of the month; Senator Mimi Walters gave an update on state issues • On October 10 attended the Frontier Park fitness zone opening • Attended the Orange County Fire Authority annual open house Attended Lion's Club White Cane Safety Day event focusing on vision impairment • Thanked Kristi Recchia for service Attended Tustin Chamber candidate forum • Stated that he is wearing a pink tie in support of Breast Cancer Awareness Month MAYOR NIELSEN • Attended the 125th anniversary for the Salvation Army in Orange County • Attended Tiller Days; judged the Tiny Tiller contest and participated in the parade • Attended Walk to School day at Heideman School • Attended the Tustin Chamber breakfast; thanked Senator Walters City Council /Successor Agency October 16, 2012 Meeting Minutes Page 12 of 13 • Attended the Planning Commission meeting and administered oath to new Planning Commissioner Sam Altowaiji Attended Frontier Park fitness equipment opening • Attended the State of the Schools presentation • Attended the Orange County Sanitation District Operations Committee meeting ADJOURNED at 9:19 p.m. 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 Minutes Page 13 of 13 Agenda Item 5 Reviewed: City Manager I Finance Director 1 N/A MINUTES OF THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY TUSTIN, CA OCTOBER 30, 2012 CLOSED SESSION MEETING 6:00 P.M. CALL TO ORDER — Meeting #2301 at 6:02 p.m ►-, 1i1 :1207_1 Cel; Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante and Rebecca "Beckie" Gomez Absent: Councilmember Deborah Gavello 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 — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — One case 1. City of Tustin v. Keybank, N.A., Case #30- 2011 - 00529736- CU -FR- CXC 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code 54956.8] — One case City Council/Tustin Housing Authority October 30, 2012 Special Closed Session Meeting Minutes Page 1 of 2 1. Property Tustin Legacy Disposition Package 2A to Address /Description include sale of Parcels 29,30,38, 39, Lot N, Lot M, and Lot WWWW of tract 17404 and L; Disposition Package 1A North to include sale of Parcel 20, Lot PPP, and Lot NNN of Tract 17404 Agency ____ __ __; City of Tustin City Negotiators Jeffrey C. Parker, City Manager, John Buchanan, Program Manager, and special real estate counsel Amy Freilich Negotiating Parties Dan Young, President of Irvine Company Community Development on behalf of Irvine Company LLC; Steve Eggert and Tricia Malone, co- owners and on behalf of St. Anton Partners, LLC Under Negotiation_ _ !-Price and Terms of Payment_- _ ADJOURNED at 6:03 p.m. City Council/Tustin Housing Authority October 30, 2012 Special Closed Session Meeting Minutes Page 2 of 2 Agenda Item 5 Reviewed: City Manager Finance Director N/A MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY TUSTIN, CA OCTOBER 30, 2012 7:00 P.M. CALL TO ORDER — Meeting #2300 at 7:00 p.m. INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Nielsen ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante and Rebecca "Beckie" Gomez Absent: Councilmember Deborah Gavello City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig No reportable action. ORAL COMMUNICATION /PUBLIC INPUT • Sherri Loveland • Sherrie Boutwell PUBLIC HEARING ITEMS 1 -2 The public hearing for items 1 and 2 opened at 7:09 p.m. City Council October 30, 2012 Adjourned Regular Meeting Minutes Page 1 of 3 The public hearing for items 1 and 2 closed at 7:09 p.m. with no comments Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tem Murray that the City Council continue items 1 and 2 to a regular City Council meeting on November 6, 2012. Motion carried 4 -0 1. 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 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 and The Irvine Company are nearing completion of the required Disposition and Development Agreement (DDA) 2012 -001 intended to guide conveyance and execution of the site's proposed development. Additional time is necessary to complete the agreement and the associated documents (see attached letter). 2. 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 City Council October 30, 2012 Adjourned Regular Meeting Minutes Page 2 of 3 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 selected to develop the site. 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 and St. Anton (The Irvine Company's partner) are nearing completion of the required Disposition and Development Agreement (DDA) 2012 -001 intended to guide conveyance and execution of the site's proposed development. Additional time is necessary to complete the agreement and the associated documents (see attached letter). ADJOURNED at 7:10 p.m. — The next regular meeting is scheduled for Tuesday, November 6, 2012 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council October 30, 2012 Adjourned Regular Meeting Minutes Page 3 of 3