Loading...
HomeMy WebLinkAbout00 CC AGENDA 11-06-12Al Murray, Mayor Pro Tern Jerry Amante, Councilmember John Nielsen, Mayor Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember NOVEMBER 6, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2302 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer 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 — INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — Four cases 1. Elizabeth Landeros; Maria Cerda Reyes; and Benito Herrera v. City of Tustin, Case No. SACV12 -01547 JST (RNBx) 2. Marie Sales, Individually and on behalf of the Estate of Paul J. Quintanar v. The City of Tustin a Governmental Entity, Chief of Police Scott Jordan, Officer A. Gleason, Officer J. Monsoor, and Officer Roque and Does 1 -10 3. Eloisa Gutierrez, on behalf of Hailey Herrera, a minor; Benny Herrera Jr., a minor; and Amanda Herrera, a minor v. City of Tustin, a public 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. entity, Police Chief, Scott Jordan, an individual, and Does 1 through 50, inclusive, Case No. 00597466 4. 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 Juana Gonzalez, Claim No. 12 -28 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Two cases 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, 11, D, Final Address /Description Map 17144; Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430- 27-31 and 33 and a portion of APN Agency 430 -37 -10 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, and Negotiating Parties John Buchanan, Program Manager Negotiating Parties O.C. Property Company, LLC, represented by Rick Kaplan, Mark Under Negotiation Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation Price and Terms of Payment 2. 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 JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2302 City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 2 of 15 INVOCATION — Councilmember Gavello PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATION 1. Pancreatic Cancer Awareness Month 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. PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Items 1 -4) 1. CONDITIONAL USE PERMIT (CUP) 2012 -10 Conditional Use Permit (CUP) 2012 -10 was originally proposed to allow a maximum of 24 paid outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue. On October 9, 2012, the Planning Commission adopted Resolution No. 4207 recommending that the Tustin City Council approve CUP 2012 -10 to allow a total of 24 (paid and non -paid) outdoor events per year at 310 S. Pasadena Avenue, subject to revised conditions. Following the Planning Commission meeting, the applicants requested that a total of 36 (paid and non -paid) outdoor events per year be allowed, and requested that some of the conditions of approval recommended by the Planning Commission be modified. The project site is within the Cultural Resource (CR) District and Single Family Residential (R1) District. Pursuant to Tustin City Code (TCC) Section 9252j2(a)(2), the Tustin City Council may consider a proposed non - listed use of City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 3 of 15 a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. Applicants: Michael Demoratz and Lindburgh McPherson Planning Commission Recommendation: Pursuant to Tustin City Code Section 9252j2(a)(2), the Planning Commission has recommended that the City Council adopt Resolution No. 12 -102, approving Conditional Use Permit 2012 -10, determining that the proposed project supports the purposes of the CR District and authorizing a maximum of 24 outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue (Attachment G). In the alternative, the Council may take one of the following actions: • Adopt a modified Resolution No. 12 -102 approving Conditional Use Permit 2012 -010, determining that the proposed project supports the purposes of the CR District and authorizing a maximum of 36 outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue; or • Direct staff to prepare a resolution of denial of Conditional Use Permit 2012 -10, with findings that the use does not support the purposes of the CR District and findings for the denial of a conditional use permit; or • Take other actions as deemed appropriate. RESOLUTION NO. 12 -102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2012 -10, AUTHORIZING A MAXIMUM OF 24 OUTDOOR EVENTS PER YEAR AT 310 SOUTH PASADENA AVENUE. 2. REPORT AND ACCOUNT OF NUISANCE ABATEMENT COSTS RELATING TO 1521 LANAI WAY AND LIEN REQUEST FOR UNPAID NUISANCE ABATEMENT COSTS INCURRED BY THE CITY OF TUSTIN Due to an extensive fire at the house located at 1521 Lanai Way, a Notice and Order was filed on the property. The property owner was directed to demolish and /or repair the house within a specified time, or the enforcement officer would cause the work to be done, and bill the property owner for the abatement costs and /or assess the costs against the property. Unfortunately, the property owner has since passed away and the property City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 4 of 15 remains in a nuisance condition. The expenses the City has incurred to date total $16,544.99. In order to settle the expense account, a lien must be placed on the property so that the amount invoiced can be settled in probate. Recommendation- 1 . Conduct a public hearing; 2. Adopt Resolution No. 12 -88, which approves, confirms and adopts the report attached thereto as Exhibit "A "; 3. Direct the City Clerk to cause the delivery of a certified copy of the Report to the Orange County Auditor and to submit a certified copy of the Resolution (with attachments) to the Orange County Recorder for recordation; and 4. Order that the nuisance abatement costs set forth in the report be collected as a special assessment against the Subject Property. RESOLUTION NO. 12 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT AND ACCOUNT OF NUISANCE ABATEMENT COSTS RELATING TO CERTAIN REAL PROPERTY LOCATED IN THE CITY OF TUSTIN AND REQUESTING THE ORANGE COUNTY AUDITOR ADD THE UNPAID NUISANCE ABATEMENT COSTS INCURRED BY THE CITY OF TUSTIN TO THE TAX ROLL. 3. CITY COUNCIL CONSIDERATION OF DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 2012 -001 DEVELOPMENT AGREEMENT 2012 -001 (ORDINANCE NO. 1422) CONCEPT PLAN (CP) 2012 -002, DESIGN REVIEW (DR) 2012 -004, 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), AND TENTATIVE PARCEL MAP (PM) 2012 -136, FOR 533 RESIDENTIAL APARTMENTS INCLUDING 37 MODERATE - INCOME AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A, TUSTIN LEGACY (THE IRVINE COMPANY, LLC), AND, TUSTIN HOUSING AUTHORITY CONSIDERATION OF THE REQUIRED AFFORDABLE HOUSING AND REGULATORY AGREEMENT. The Irvine Company has submitted applications to the Community Development Department for Development Agreement (DA) 2012 -001 (Ordinance No. 1422), Concept Plan (CP) 2012 -002, Design Review (DR) 2012 -004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and Tentative PM 2012 -136 requesting authorization to develop 533 multi - family residential apartment homes, including 37 moderate - income affordable units in compliance with California Government Code Section City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 5 of 15 65915(1) at Disposition Package 2A, Tustin Legacy, to be implemented by The Irvine Company or its affiliate as may be approved by the City of Tustin. On October 9, 2012, the Tustin Planning Commission considered the matter and recommended that the Tustin City Council approve the project as conditioned. The project is consistent with the Tustin City Code, MCAS Tustin Specific Plan, and the June 19, 2012 Exclusive Negotiation Agreement (ENA) between The Irvine Company and the Tustin City Council. The City Council recently reviewed price, terms and payment for Disposition Package 2A and directed staff to prepare Disposition and Development Agreement (DDA) 2012 -001 with Legacy Villas LLC, a Special Purpose Entity formed by The Irvine Company for Disposition Package. APPLICANT -The Irvine Company LLC PROPERTY OWNER: City of Tustin 550 Newport Center Drive Newport Beach, CA 92660 Recommendation: That the City Council- 1 . Adopt Resolution No 12 -95 finding the project is within the scope of the adopted Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse and Specific Plan, the Supplemental and Addendum, and that pursuant to Government Code Section 65457, the project is exempt from further environmental review; 2. Adopt Resolution No. 12 -100 approving Disposition and Development Agreement (DDA) 2012 -001 between the City of Tustin and Legacy Villas LLC, a Special Purpose Entity formed by The Irvine Company for development of 533 affordable residential apartment housing units, including 37 moderate - income units, at Disposition Package 2A; and, authorizing the City Manager to execute said DDA 2012 -001 subject to any non - substantive modifications as may be determined necessary and /or recommended by the City's special real estate counsel or the City Attorney and to carry out all City actions necessary to implement the DDA including execution of related documents as required by the DDA; 3. Introduce and have first reading of Ordinance No 1422 approving Development Agreement (DA) 2012 -001 between the City of Tustin and The Irvine Company, for 533 residential apartment units including 37 moderate - income units at Disposition Package 2A; 4. Adopt Resolution No 12 -93 approving Concept Plan (CP) 2012 -0027 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 development of 533 apartment units including 37 moderate - income units, at Disposition Package 2A (The Irvine Company); City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 6 of 15 5. That the Tustin Housing Authority authorize the Executive Director and /or City Manager to execute the Affordable Housing and Regulatory Agreement between the Tustin Housing Authority, the City of Tustin and The Irvine Company. RESOLUTION NO. 12 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS /EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUM, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE THIRD AMENDMENT FOR DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 2012 -001, DEVELOPMENT AGREEMENT (DA) 2012 -001, CONCEPT PLAN (CP) 2012 -002, DESIGN REVIEW (DR) 2012 -004, 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), AND TENTATIVE PARCEL MAP (PM) 2012 -136, FOR 533 RESIDENTIAL APARTMENTS, INCLUDING 37 MODERATE - INCOME AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A, TUSTIN LEGACY (THE IRVINE COMPANY, LLC). AND THAT THE CITY HAS ALTERNATIVELY DETERMINED THAT THE PROPOSED PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PURSUANT TO GOVERNMENT CODE SECTION 65457. RESOLUTION NO. 12 -100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT 2012 -001 BETWEEN THE CITY OF TUSTIN AND LEGACY VILLAS LLC, A SPECIAL PURPOSE ENTITY FORMED BY THE IRVINE COMPANY, FOR 533 RESIDENTIAL APARTMENTS, INCLUDING 37 MODERATE - INCOME AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A, TUSTIN LEGACY (THE IRVINE COMPANY, LLC). RESOLUTION NO. 12 -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONCEPT PLAN (CP) 2012 -002, DESIGN REVIEW (DR) 2012 -004, 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), AND TENTATIVE PARCEL MAP (PM) 2012 -136, FOR 533 RESIDENTIAL APARTMENTS, City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 7 of 15 INCLUDING 37 MODERATE - INCOME AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A, TUSTIN LEGACY (THE IRVINE COMPANY, LLC). ORDINANCE NO. 1422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2012 -001, AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY, LLC. (THE DEVELOPER), A CALIFORNIA AND DELAWARE LIMITED LIABILITY COMPANY PERTAINING TO DEVELOPMENT OF 533 RESIDENTIAL APARTMENTS, INCLUDING 37 MODERATE INCOME UNITS, AT DISPOSITION PACKAGE 2A, WITHIN PLANNING AREA 13, NEIGHBORHOOD D, OF THE MCAS TUSTIN SPECIFIC PLAN, TUSTIN, CALIFORNIA. 4. CITY COUNCIL CONSIDERATION OF DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 2012 -002, DEVELOPMENT AGREEMENT 2012 -002 (ORDINANCE NO. 1422) 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 MULTI- FAMILY RESIDENTIAL APARTMENT HOMES AND TUSTIN HOUSING AUTHORITY CONSIDERATION OF THE REQUIRED AFFORDABLE HOUSING AND REGULATORY AGREEMENT St. Anton Partners has submitted applications to the Community Development Department for Development Agreement (DA) 2012 -002 (Ordinance No. 1422), 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 225 affordable residential apartment housing units in compliance with California Government Code Section 65915(1) required for the proposed development of Tustin Legacy Disposition Package 1A- North. On October 9, 2012, the Tustin Planning Commission considered the matter and recommended that the Tustin City Council approve the project, as conditioned. The project is consistent with the MCAS Tustin Specific Plan, and the June 19, 2012 Exclusive Negotiation Agreement (ENA) between The Irvine Company (on behalf of St. Anton Partners) and the Tustin City Council. St. Anton Partners and City of Tustin have completed and desire to enter into Disposition and Development Agreement (DDA) 2012 -002 for the to cause the development of 225 affordable multi - family residential apartment homes, City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 8 of 15 including 88 very low- income 73 low- income and 64 moderate - income units in compliance with California Government Code Section 65915(1) at Disposition Package 1A -North Tustin Legacy to be implemented by St. Anton Partners or its affiliate as may be approved by the City of Tustin. APPLICANT -St. Anton Partners, LLC PROPERTY OWNER: City of Tustin 4630 Campus Drive, Suite 111 Newport Beach, CA 92660 Recommendation: That the City Council 1. Adopt Resolution No 12 -96 finding the project is within the scope of the adopted Final Environmental Impact Statement/Environmental Impact Report for the MCAS Tustin Reuse and Specific Plan, the Supplemental and Addendum, and that pursuant to Government Code Section 65457, the project is exempt from further environmental review; 2. Adopt Resolution No. 12 -99 approving Disposition and Development Agreement (DDA) 2012 -002 between the City of Tustin and "Anton Legacy Tustin L.P. ", a Special Purpose Entity formed by St. Anton Partners, for development of 225 affordable residential apartment housing units, including 88 very -low- income, 73 low- income, and 64 moderate - income units at Disposition Package 1A- North; and, authorizing the City Manager to execute said DDA 2012 -002, subject to any non - substantive modifications as may be determined necessary and /or recommended by the City's special real estate counsel or the City Attorney and to carry out all City actions necessary to implement the DDA including execution of related documents as required by the DDA; 3. Introduce and have first reading of Ordinance No 1423 approving Development Agreement (DA) 2012 -002 between the City of Tustin and "Anton Legacy Tustin L. P.," a Special Purpose Entity formed by St. Anton Partners, for development of 225 affordable residential apartment housing units including 88 very -low- income, 73 low- income, and 64 moderate - income units at Disposition Package 1A- North; 4. Adopt Resolution No. 12 -94 approving Concept Plan (CP) 2012 -0037 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 225 affordable residential apartment housing units in compliance with California Government Code Section 65915(1) required for the proposed development of Tustin Legacy Disposition Package 1A -North (St. Anton Partners); 5. That the Tustin Housing Authority authorize the Executive Director and /or City Manager to execute the Declaration of Affordable Housing Covenants and Regulatory Agreement between the Tustin Housing Authority, the City of Tustin and St. Anton Partners. City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 9 of 15 RESOLUTION NO. 12 -96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS /EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUM, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE THIRD AMENDMENT FOR 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 MULTI- FAMILY RESIDENTIAL APARTMENT HOMES, TUSTIN LEGACY (ST. ANTON PARTNERS, LLC), AND THAT THE CITY HAS ALTERNATIVELY DETERMINED THAT THE PROPOSED PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PURSUANT TO GOVERNMENT CODE SECTION 65457. RESOLUTION NO. 12 -99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT 2012 -002 BETWEEN THE CITY OF TUSTIN AND LEGACY VILLAS LLC, A SPECIAL PURPOSE ENTITY FORMED BY THE IRVINE COMPANY, FOR 225 AFFORDABLE RESIDENTIAL APARTMENTS, AT DISPOSITION PACKAGE 1A- NORTH, TUSTIN LEGACY (ST. ANTON PARTNERS, LLC). RESOLUTION NO. 12 -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING 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 MULTI - FAMILY RESIDENTIAL APARTMENT HOMES. (ST. ANTON PARTNERS, LLC). ORDINANCE NO. 1423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 10 of 15 CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2012 -002, AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND ST. ANTON PARTNERS, LLC (THE DEVELOPER), A CALIFORNIA LIMITED LIABILITY COMPANY PERTAINING TO DEVELOPMENT OF 225 AFFORDABLE RESIDENTIAL APARTMENTS, AT DISPOSITION PACKAGE 1A- NORTH, WITHIN PLANNING AREA 15, NEIGHBORHOOD G, OF THE MCAS TUSTIN SPECIFIC PLAN, TUSTIN, CALIFORNIA. 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 5 through 11) 5. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD OCTOBER 16, 2012; JOINT SPECIAL MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY HELD OCTOBER 30, 2012; AND ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD OCTOBER 30, 2012 Recommendation: That the City Council /Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council and Successor Agency to the Tustin Community Redevelopment Agency held October 16, 2012; Joint Special Meeting of the City Council and Tustin Housing Authority held October 307 2012; and Adjourned Regular Meeting of the City Council held October 30, 2012 6. 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 $666,961.55, $11,286.03, $11,286.03 and $661,665.24; and Demands in the amount of $7,938,434.92. 7. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 11 of 15 Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 8. ADOPT RESOLUTION NO. 12 -98 TO APPROVE THE SUBMITTAL OF REGIONAL CAPACITY PROGRAM PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 12 -98 will approve submittal of the City's project applications for Renewed Measure M funds (Measure M2) under the Comprehensive Transportation Funding Program (CTFP), 2013 Call for Projects for the Regional Capacity Program. The Orange County Transportation Authority (OCTA) requires City Council approval as part of the application process. Recommendation: That the City Council adopt Resolution No. 12 -98 approving the submittal of various project applications to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M Comprehensive Transportation Funding Program 2013 Call for Projects for the Regional Capacity Program, listing Warner Avenue Extension (Red Hill to Tustin Ranch Road) and Armstrong Avenue Extension (Warner Avenue to Barranca Parkway) transportation improvement projects. RESOLUTION NO. 12 -98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF VARIOUS IMPROVEMENT PROJECT APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE RENEWED MEASURE M COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM, 2013 CALL FOR PROJECTS FOR THE REGIONAL CAPACITY PROGRAM 9. APPROVE SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN REGARDING THE TUSTIN -SANTA ANA TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM (TSIP) The Second Amendment to the TSIP Agreement allows the City of Santa Ana to select alternate improvements that provide an equivalent level of mitigation for improvements at Grand Avenue and Edinger Avenue as identified in the First TSIP Amendment and the MCAS Tustin EIS /EIR. It also provides the City of Tustin use of a portion of the remaining TSIA fees to be collected at Tustin City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 12 of 15 Legacy for various transportation system improvements within the Tustin Legacy area. The proposed Second Amendment was approved by the Transportation System Improvement Authority Board on October 11, 2012, and unanimously approved by the Santa Ana City Council on October 15, 2012. Recommendation: That the City Council approve the Second Amendment to the Joint Exercise of Powers Agreement between the City of Santa Ana and City of Tustin Regarding the Tustin -Santa Ana Transportation System Improvement Program, subject to any non - substantive changes deemed necessary by the City Attorney. 10. ADOPT RESOLUTION NO. 12 -91 TO APPROVE THE SUBMITTAL OF REGIONAL SIGNAL SYNCHRONIZATION PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 12 -91 will approve the submittal of an application prepared by the County of Orange for the Newport Avenue Traffic Signal Synchronization Project to the Orange County Transportation Authority (OCTA). Participation by all agencies maintaining traffic signals within this corridor is needed for approval of a project application under the 2013 Call for Projects for the Competitive Measure M2 Traffic Signal Synchronization Program (Project P). Recommendation: It is recommended that the City Council adopt Resolution No. 12 -91 approving the submittal of an application to the Orange County Transportation Authority for funding of the Newport Avenue Traffic Signal Synchronization Project under the 2013 Call for Projects for the Renewed Measure M Regional Traffic Signal Synchronization Program. RESOLUTION NO. 12 -91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION FOR THE NEWPORT AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 11. APPROVE AMENDMENT NO. 5 TO AN AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY OF TUSTIN AND WEST COAST ARBORISTS, INC. In April 2006, the City Council unanimously approved a five (5) year extension with an additional 5 (1 year optional) for tree services with West Coast Arborists. In July of 2011, the Council approved the first of the one year options. Council Member Gavello contacted the City Manager office inquiring about the 2012 City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 13 of 15 extension. After review it was concluded that the Council has not taken action this year and as such, staff is requesting the City Council's consideration of the West Coast Arbor agreement. In evaluating the history of our tree trimming services agreements, it is clear that staff has and continues to meet the goals of the Council to engage in contracts that provide high quality service in a cost effective manner (refer to page 3 for city comparisons). As a result of our evaluation, I am recommending that the City enter into a four (4) year fixed agreement with no price increase with West Coast Arborists, to provide tree services rather than the one (1) year options for the next four (4) years. Recommendation: That the City Council approve contract amendment No. 5 with West Coast Arborists, Inc. to extend the existing contract by four (4) years from July 1, 2012 through June 30, 2016 with no increase in price and authorize the Mayor to execute the contract amendment, subject to the City Attorney's approval. Alternative Action(s): 1. That the City Council approve amendment No. 5 with West Coast Arborists, Inc. to extend the existing contract by one -year from July 1, 2012 to June 30, 2013 with no increase in cost and that each subsequent no cost increase one -year extension through 2016 be reviewed and approved by City Council. 2. That the City Manager be authorized to extend each no cost increase one -year extension through 2016. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 12 through 13) 12. 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. At the October 16, 2012, meeting the City Council discussed the proposed policy and supported it with minor modifications to the land proceeds fund language. Staff has City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 14 of 15 incorporated those changes in both this staff report and the resolution. Recommendation: It is recommended that the City Council approve Resolution 12 -106 which establishes the following policy regarding General Fund reserves and Special Fund accounts. 13. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, November 20, 2012 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council /Successor Agency/ November 6, 2012 Housing Authority Meeting Agenda Page 15 of 15