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Home My WebLink About00 CC AGENDA 11-20-12 CITY OF TUSTIN JOINT REGULAR NOVEMBER 20, 2012 MEETING OF THE CITY COUNCIL, COUNCIL CHAMBER SUCCESSOR AGENCY TO THE TUSTIN 300 CENTENNIAL WAY, TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Jerry Amante, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney Deborah Gavello, Councilmember Pamela Stoker, City Clerk Rebecca “Beckie” Gomez, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2303 ATTENDANCE PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL – 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. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 1. Consideration of Claim of Juana Ernestina Gonzalez and The Estate of Susanna Alejandra De La Riva, by and through, Administratix, Juana Ernestina Gonzalez, Claim No. 12-28 2. Consideration of Claim of State Farm Mutual Insurance Company (Gail L. Druiff), Claim No. 12-29 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) – One case NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk’s office located at 300 Centennial Way, Tustin, CA during normal business hours. 1. Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, 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 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 #2303 INVOCATION – Mayor Nielsen COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE – Cub Scout Troop 235 (Red Hill Lutheran) ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney David E. Kendig PRESENTATIONS 1. Dhananjay Rawal, Enviro Compliance Solutions Inc., Small Business Owner of the Year, 2012 California Minority Enterprise Development Week 2. Acknowledgment of Supervisor Bill Campbell 3. Acknowledgment of Councilmembers Amante and Gavello 4. Acknowledgment of City Clerk Pamela Stoker City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Agenda Page 2 of 9 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 1-2) 1. PUBLIC HEARING TO CONSIDER ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF BONDS WITHIN THE CITY OF TUSTIN A public hearing has been noticed to consider the request by California Statewide Communities Development Authority to issue tax exempt multifamily housing revenue bonds for purposes of financing the acquisition and construction of the 225-unit Anton Legacy Apartment Project at Tustin Legacy. Recommendation: It is recommended the City Council adopt Resolution No. 12- 97 approving the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and construction of the Anton Legacy Apartment Project, subject to conditions contained in the Resolution. RESOLUTION NO. 12-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF THE ANTON LEGACY APARTMENTS 2. SPECIFIC PLAN AMENDMENT 2012-001 (ORDINANCE NO. 1414) INCLUDING AMENDMENT OF THE CITY OF TUSTIN ZONING MAP, GENERAL PLAN AMENDMENT 2012-001 TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN Following significant public outreach, discussion of issues and opportunities and exploration of potential improvements, on October 23, 2012, the Tustin Planning Commission adopted Resolution No. 4209 recommending that the Tustin City Council adopt Ordinance No. 1414, approving Specific Plan Amendment 2012- 001 to provide a general update of the First Street Specific Plan, Council consideration of Specific Plan Amendment 2012-001 requires consideration of associated amendments to the Tustin General Plan (General Plan Amendment 2012-001) and supporting environmental documents. City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Agenda Page 3 of 9 Recommendation: That the City Council: 1. Adopt Resolution No. 12-104, finding that the Negative Declaration prepared for Specific Plan Amendment 2012-001 (Ordinance No. 1414) and associated General Plan Amendment 2012-001 is adequate; and, 2. Adopt Resolution No. 12-103 approving General Plan Amendment (GPA) 2012-001 incorporating changes to the General Plan associated with Specific Plan Amendment 2012-001 (First Street Specific Plan) and other minor updates; and, 3. Introduce and have first reading of Ordinance No. 1414 approving Specific Plan Amendment (SPA) 2012-001 (First Street), including amendment of the Tustin Zoning Map. RESOLUTION NO. 12-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE NEGATIVE DECLARATION FOR SPECIFIC PLAN AMENDMENT 2012-001 (ORDINANCE NO. 1414), AND GENERAL PLAN AMENDMENT 2012-01 PROVIDING A GENERAL UPDATE OF THE FIRST STREET SPECIFIC PLAN. RESOLUTION NO. 12-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING GENERAL PLAN AMENDMENT 2012-01 INCORPORATING CHANGES TO THE GENERAL PLAN ASSOCIATED WITH SPECIFIC PLAN AMENDMENT 2012-001 (FIRST STREET SPECIFIC PLAN) AND OTHER MINOR UPDATES. ORDINANCE NO. 1414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 2012-001, INCLUDING AMENDMENT OF THE TUSTIN ZONING MAP, TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN. 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 3 through 9) 3. APPROVAL OF MINUTES – JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD NOVEMBER 6, 2012 City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Agenda Page 4 of 9 Recommendation: That the City Council/Successor Agency/Tustin Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment Agency and Tustin Housing Authority held November 6, 2012. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin 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 $1,140,474.75 and $16,880.46; and Demands in the amount of $2,063,786.54. 5. 2013 LOCAL APPOINTMENTS LIST Prior to December 31 st of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission/Committee vacancies for the coming year. Recommendation: Approve the 2013 Local Appointments List for the Planning, Community Services, and Audit Commissions and post notice as required by law. 6. TUSTIN LEGACY LAMBRA BIENNIAL REPORT Biennially, the City is required to submit a report to the California State Department of Housing and Community Development (HCD), updating HCD and the State Legislature on Tustin Legacy Local Agency Military Base Recovery Area (LAMBRA) activities. Recommendation: It is recommended the City Council take the following actions:  Receive and file the Tustin Legacy LAMBRA Biennial Report; and  Direct a copy of the Biennial Report for FY 2010-11 and FY 2011-2012 to be submitted to HCD. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT TO RECEIVE BIDS FOR THE ROBINSON DRIVE/KELLER DRIVE PEDESTRIAN ENHANCEMENTS (CIP NO. 40083) AND BROWNING AVENUE/PARKVIEW WAY PEDESTRIAN ENHANCEMENTS (CIP NO. 40084) The plans and specifications for the Robinson Drive/Keller Drive Pedestrian Enhancements (CIP No. 40083) and Browning Avenue/Parkview Way Pedestrian Enhancements (CIP No. 40084) have been prepared and the project City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Agenda Page 5 of 9 is now ready to bid. Recommendation: That City Council adopt Resolution No. 12-76 approving the plans and specifications for the Robinson Drive/Keller Drive Pedestrian Enhancements (CIP No. 40083) and Browning Avenue/Parkview Way Pedestrian Enhancements (CIP No. 40084) and authorize the City Clerk to advertise and receive bids. RESOLUTION NO. 12 -76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ROBINSON DRIVE/KELLER DRIVE PEDESTRIAN ENHANCEMENTS CIP NO. 40083 AND THE BROWNING AVENUE/PARKVIEW WAY PEDESTRIAN ENHANCEMENTS CIP NO. 40084, AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. AUTHORIZE USE OF THE COUNTY OF ORANGE'S COOPERATIVE PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY DEVICES CIP 50036 Staff is requesting City Council authorization to use the County of Orange's Cooperative Purchasing Program to purchase and install water quality devices for Phase 2 of the Citywide Catch Basin BMP's Project CIP 50036, pursuant to Tustin City Code Section 1624c. Recommendation: That the City Council adopt Resolution No. 12-105 authorizing the City of Tustin to use the County of Orange's Cooperative Purchasing Program, pursuant to Tustin City Code Section 1624c, to contract with United Storm Water, Inc. to purchase and install water quality devices at various locations throughout the City for Phase 2 of the Citywide Installation of Catch Basin BMP's Project CIP 50036. RESOLUTION NO. 12-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA, AUTHORIZING THE USE OF THE COUNTY OF ORANGE'S COOPERATIVE PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY DEVICES FOR THE CITYWIDE CATCH BASIN BMP'S PROJECT CIP 50036. 9. ACCEPT IMPROVEMENTS FOR THE FRONTIER PARK ENERGY EFFICIENCY IMPROVEMENTS CIP NO. 20070 AND AUTHORIZE THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION Construction of the Frontier Park Energy Efficiency Improvements CIP No. 20070 has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Agenda Page 6 of 9 Recommendation: 1. Adopt Resolution No. 12-107 accepting the construction of the Frontier Park Energy Efficiency Improvements CIP No. 20070; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 12-107 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 CONSTRUCTION OF FRONTIER PARK ENERGY EFFICIENCY IMPROVEMENTS CIP NO. 20070 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10 through 14) 10. CITY OF TUSTIN STRATEGIC PLAN - CONTINUATION On October 16, 2012, staff presented the 2012-2017 Strategic Plan to the City Council for consideration and approval. The City Council considered the item and the Mayor indicated that he had additional questions and he wanted to obtain answers to those questions prior to the final report. Other Council Members wanted to move forward with the adoption of the Strategic Plan. It was moved, seconded and unanimously approved to continue the item for further discussion and return in November with a timeline for adoption. Recommendation: Staff recommends that the City Council take one of the following alternative actions: 1. Due to the upcoming change on the City Council and the winter holidays, have the Strategic Plan brought back for discussion at the Council workshop tentatively scheduled for January 21, 2013. 2. Approve the Strategic Plan as presented at the October 16, 2012 Council meeting, with the recommendation that the Council review it at the Council workshop tentatively scheduled for January 21, 2013. 11. SECOND READING AND ADOPTION OF 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 City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Agenda Page 7 of 9 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. State Government Code Section 65867.5 requires that a Development Agreement be approved by ordinance. Ordinance No. 1422 has been prepared to support City Council approval of the requested Development Agreement 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1422 (roll call vote). 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. 12. SECOND READING AND ADOPTION OF 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. 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. State Government Code Section 65867.5 requires that a Development Agreement be approved by ordinance. Ordinance No. 1423 has been prepared to support City Council approval of the requested 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 City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Agenda Page 8 of 9 residential apartment housing units including 88 very low-income, 73 low- income, and 64 moderate-income units at Disposition Package 1A-North. Recommendation: Have second reading by title only and adoption of Ordinance No. 1423 (roll call vote). 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. 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. 13. CANCELLATION OF JANUARY 2, 2013 CITY COUNCIL MEETING Staff recommends that the January 2, 2013 Joint City Council and Successor Agency to the Tustin Community Redevelopment Agency meeting be cancelled due to lack of quorum. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Joint Council and Successor Agency to the Tustin Community Redevelopment Agency meeting of January 2, 2013 and that the City Council hereby waives notice of said meeting as required by Government Code Section §54954. 14. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS ADJOURN IN MEMORY OF FRANK FRY ADJOURNMENT – The next meeting is scheduled for Tuesday, December 4, 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 20, 2012 Housing Authority Meeting Agenda Page 9 of 9