HomeMy WebLinkAbout03 CC, SA, THA MINUTES 11-06-02Agenda Item 3
Reviewed:
City Manager
Finance Director ON/A
MINUTES
OF THE REGULAR MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY
300 CENTENNIAL WAY
TUSTIN, CA
NOVEMBER 6, 2012
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2302 at 5:30 p.m.
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(c)] — Two Cases
2. CONFERENCE WITH LEGAL COUNSEL
[Govt. Code § 54956.9(b)] — Two Cases
3. CONFERENCE WITH LEGAL COUNSEL
Code § 54956.9(a)] — Four cases
— INITIATION OF LITIGATION
— EXPOSURE TO LITIGATION
— EXISTING LITIGATION [Govt.
1. Elizabeth Landeros; Maria Cerda Reyes; and Benito Herrera v. City of
Tustin, Case No. SACV12-01547 JST (RNBx)
City Council/Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 1 of 17
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
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
430-37-10
Agency
City of Tustin
City Negotiators
Jeffrey C. Parker, City Manager, and
John Buchanan, Program Manager
Negotiating Parties
O.C. Property Company, LLC,
represented by Rick Kaplan, Mark
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
RECESSED at 5:31 p.m.
City Council/Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 2 of 17
JOINT REGULAR MEETING OF THE CITY COUNCIL,
SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY,
AND TUSTIN HOUSING AUTHORITY
CALL TO ORDER — Meeting #2302 at 7:04 p.m.
INVOCATION — Councilmember Gavello
PLEDGE OF ALLEGIANCE — Councilmember Gomez
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
No reportable action.
* I ► I
1. Pancreatic Cancer Awareness Month — Steve Vargas, Roberta Luna, Jennifer
Luna
ORAL COMMUNICATION/PUBLIC INPUT —
• David Hunt
Mayor Nielsen announced he would recuse himself from voting on public hearing item 1
because his spouse is Executive Director for the Tustin Community Foundation and
events have been held at the subject property.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern
Murray that Public Hearing Item 1 be taken out of order and moved ahead of public
City Council/Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 3 of 17
comments
Motion carried 4-0
PUBLIC HEARING ITEM I
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern
Murray to continue the public hearing to the second meeting in January (January 15,
2013) as requested by the applicants.
Motion carried 3-1 (Councilmember Gavello dissenting)
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
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
RECESSED at 7:17 p.m.
RECONVENED at 7:24 p.m.
ORAL COMMUNICATION/PUBLIC INPUT
• Lori Browne
• Richard Deeter
• Dick Hsu
City Council/Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 4 of 17
PUBIC HEARING ITEMS 2 -4
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
A Power Point presentation was given by Elizabeth Binsack, Community
Development Director
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
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.
The public hearing opened at 7:44 p.m.
The public hearing closed at 7:45 p.m. with no comments
Motion: It was moved by Mayor Pro Tern Murray and seconded by
Councilmember Amante to:
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.
Motion carried 5 -0
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 Council /Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 5 of 17
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.
Public Hearing Items 3 and 4
A Power Point presentation was given by Dana Ogdon and John Buchanan on Public
Hearing Items 3 and 4
The public hearing opened at 7:59 p.m.
Public Input:
• Bryan Austin, The Irvine Company
• Steve Eggert, St. Anton Partners
The public hearing closed at 8:04 p.m.
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
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.
City Council /Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 6 of 17
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
Motion: It was moved by Councilmember/Commissioner Amante and seconded
by Council mem ber/Com m issioner Gavello 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) 2012-002,
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 development of 533 apartment units including
37 moderate-income units, at Disposition Package 2A (The Irvine
Company);
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.
Motion carried 5-0
City Council/Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 7 of 17
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,
INCLUDING 37 MODERATE- INCOME AFFORDABLE UNITS, AT
DISPOSITION PACKAGE 2A, TUSTIN LEGACY (THE IRVINE
COMPANY, LLC).
ORDINANCE NO. 1422
City Council /Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 8 of 17
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,
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.
City Council /Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 9 of 17
APPLICANT: St. Anton Partners, LLC PROPERTY OWNER: City of Tustin
4630 Campus Drive, Suite 111
Newport Beach, CA 92660
Motion: It was moved by Councilmember/Commissioner Amante and seconded
by Mayor Pro Tem/Vice Chairman Murray 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) 2012-003,
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 (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.
Motion carried 5-0
RESOLUTION NO. 12-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT THE FINAL JOINT PROGRAM MCAS
City Council/Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 10 of 17
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,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2012 -002,
AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA
GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND ST.
City Council /Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 11 of 17
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 5 -11
It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to pull
consent items 7 and 11 and to approve the balance of the consent calendar items on the
agenda as recommended by staff.
Motion carried 5 -0
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
30, 2012; and Adjourned Regular Meeting of the City Council held October 30,
2012
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
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
City Council /Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 12 of 17
authorized investment and certifying its compliance with the adopted Investment
Policy.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray to receive and file.
Motion carried 4 -1 (Councilmember Gavello dissenting)
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
City Council /Successor Agency/ November 6, 2012
Housing Authority Meeting Minutes Page 13 of 17
Tustin use of a portion of the remaining TSIA fees to be collected at Tustin
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.
1 's•- - • ! ! • • ' - - -• •
ILI 0 1102 o] W-1A OIL4 • -' -•- ' ! •-
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
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Housing Authority Meeting Minutes Page 14 of 17
Member Gavello contacted the City Manager office inquiring about the 2012
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.
Motion: It was moved by Councilmember Amante and seconded by
Councilmember Gavello to issue an RFP for tree maintenance services and to
authorize the City Manager to renew services on a month-to-month basis until
that process is complete.
Motion carried 5-0
Public input: Pat Mahoney, West Coast Arborists
REGULAR BUSINESS ITEMS 12-13
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
incorporated those changes in both this staff report and the resolution.
Public input: Harold Katzman
Motion: It was moved by Mayor Nielsen and seconded by Mayor Pro Tern
Murray that the City Council approve Resolution 12-106 which establishes the
following policy regarding General Fund reserves and Special Fund accounts
and that item 2 b. of the resolution be amended as follows:
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Housing Authority Meeting Minutes Page 15 of 17
These funds would be derived from land sales primarily in the Tustin
Legacy Project; however, these funds could be from any City owned
property. The funds would be allocated to insure the infrastructure
needs are met in the overall development of the Tustin Legacy Plan
and to support the implementation of key elements of the City and
Legacy project such as economic development opportunities and
development of parks and recreational facilities throughout the City.
Land proceeds from the Tustin Legacy Project area will be held in a
separate account within this fund. Those funds will be dedicated for
use only in the Legacy area, until such time that the City has secured
adequate funds necessary to develop the Tustin Legacy backbone
infrastructure and maintenance program. All other monies in this fund
can be used throughout the City of Tustin.
Motion carried 5-0
13. LEGISLATIVE REPORT
City Manager Jeffrey Parker gave an update on current legislation.
OTHER BUSINESS/COMMITTEE REPORTS
COUNCILMEMBER GAVELLO
Thanked City Manager Jeff Parker for report on tree service
Questioned status of strategic plan
Was in New York following Hurricane Sandy
Councilmember Gavello left the dais at 8:34 p.m.
• . W
• On October 18 attended Chamber of Commerce event welcoming new members
• Attended Art Walk in Old Town Tustin on October 20
• Attended the reception for retiring City staff
• Attended an Orange County library board meeting
• Attended Dinosaur Dash
• Recently learned of a new group, Loma Vista Dads, whose purpose is to get dads
involved in their children's education
• Wished veterans and those currently serving a happy Veterans Day
• Wished a Happy Birthday to her son
Councilmember Gavello returned to the dais at 8:38 p.m.
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• Acknowledged Veterans Day and the protection we are given by those who serve
in the military
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MAYOR PRO TEM MURRAY
• Attended Orange County Fire Authority Equity Working Group meeting
• Attended the Orange County Vector Control District trustee board meeting
• On October 24 attended a Meet Your Local Officials reception at Caltrans
• On October 25 attended an OCFA special board meeting
• Attended a Gala at Tustin Ranch
• Attended the retirement event on October 30; thanked retirees for all their work and
Kristi Recchia
• On Halloween read stories for his daughter's second grade class
• Attended an ACCOC Committee meeting on November 2
• Attended retirement event for Sergeant Clark Galliher and Officer Larry Seja
• Announced that FBI statistics show reductions of violent crime of 24% and 3%
property crime
• Encouraged Chief Jordan to continue with emergency plan refinement and
optimization
• Attended Dino Dash
• As a former commissioner on Community Services Commission (formerly Parks &
Recreation Commission), stated that Tustin has one of the best groups around;
complimented Chair Donna Marsh Peery who will be representing Tustin and the
entire Southern California area at the state level on the California Association of
Parks & Recreation
LTA fAy
• Thanked staff for all work done in putting agenda packets together in a tight time
frame, for maintaining a positive and helpful attitude and for all the help over the
past four years
• Reminded all to remember veterans on Veterans Day and every day
ADJOURNED at 8:45 p.m. — 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.
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