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Home My WebLink AboutCC Minutes 2012-11-20MINUTES 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 20, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2303 at 5:35 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 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 City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 1 of 12 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 RECESSED at 5:35 p.m. RECONVENED at 7:03 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AND TUSTIN HOUSING AUTHORITY CALL TO ORDER — Meeting #2303 at 7:03 p.m. INVOCATION — Mayor Nielsen COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE — Cub Scout Troop 235 (Red Hill Lutheran) ROLL CALL — City Clerk MINES Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers, Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None NOR- City Clerk: Pamela Stoker, City Clerk City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 2 of 12 Others Present: David E. Kendig, City Attorney The Council voted unanimously to deny Claim Nos. 12-28 and 12-29; otherwise, no reportable action was taken. 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 • Supervisor Bill Campbell Recognition of Councilmember Amante by: • Assemblyman Don Wagner • Will Kempton, CEO, Orange County Transportation Authority • Supervisor Michael Kramer, Transportation Corridor Agencies • On behalf of Senator Mimi Walters, Andrew Mozeleski • On behalf of ACCOC, Lacy Kelly 4. Acknowledgment of City Clerk Pamela Stoker ORAL COMMUNICATIONIPUBLIC INPUT — None PUBLIC HEARING TO CONSIDER ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF BONDS WITHIN THE CITY OF TUSTIIIJ 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. City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 3 of 12 The public hearing opened at 8:10 p.m. The public hearing closed at 8:11 p.m. with no comments Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray that 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. Motion carried 5-0 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 A Power Point presentation was given by Dana Ogdon 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. The public hearing opened at 8:27 p.m. The public hearing closed at 8:28 p.m. with no comments Motion: It was moved by Councilmember Amante and seconded by Mayor Nielsen 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) MIN®R@ and associated General Plan Amendment 2012-001 is adequate; and, 2. Adopt Resolution No. 12-103 approving General Plan Amendment (GF A) City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 4 of 12 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. Motion carried 4 -0 -1 (Councilmember Gavello abstained) RESOLUTION NO. i4 RESOLUTION OF i OF OF ADOPTING THE NEGATIVE DECLARATION #. , AMENDMENT 2012-001 #•i # • i GENE •, AMENDMENT PLAN 2012-01 PROVIDING ', UPDATE # THE FIRST STREET SPECIFIC PLAN. RESOLUTION i 1 RESOLUTION OF i OF OF ADOPTING GENERAL ` AMENDMENT 2012-01 SPECIFIC INCORPORATING CHANGES TO THE GENERAL PLAN ASSOCIATED WITH PLAN l i MENT 2012-00 (FIRST STREET SPECIFIC PLAN) AND OTHER MINOR UPDATES. i•i r i . ARORDINANCE OF # OF OF CALIFORNIA, APPROVING 1 i MENT 2012-00 INCLUDING AMENDMENT OF # A• TO PROVIDE . GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN. It was moved by Mayor Pro TemNice Chairman Murray and seconded by CouncilmemberlCommissioner Gavello to pull consent items 5 and 7 and to approve the balance of the consent calendar items on the agenda as recommended by staff. 3. APPROVAL OF JOINT REGULAR MEETING OF COUNCIL, #• AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY i NOVEMBER • 2012 Recommendation: That the City Council /Successor Agency/Tustin Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City City CounciVSuccessor Agency! November 20, 2012 Housing Authority Meeting Minutes Rage 5 of 12 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 31st of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission /Committee vacancies for the coming year. Councilmember Gomez requested to have an interest list generated to notify residents when vacancies are available. Motion: It was moved by Councilmember Gomez and seconded by Mayor Pro 01 IN Tern Murray to approve the 2013 Local Appointments List for the Planning, L Community Services, and Audit Commissions and post notice as required by IN law. Motion carried 5-0 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 DRIVEXELLER DRIVE PEDESTRIAN ENHANCEMENTS (CIP NO. 40083) AND BROWNING AVENUE/PARKVIEW WAY PEDESTRIAN ENHANCEMENTS (CIP NO. 40084) E111 City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 6 of 12 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 is now ready to bid. Motion: It was moved by Councilmember Gomez and seconded by Mayor Pro Tern Murray 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. Motion carried 5 -0 RESOLUTION ! • RESOLUTION OF ! OF OF CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ROBINSON DRIVEXELLER DRIVE PEDESTRIAN ENHANCEMENTS CIP NO 40083 AND THE C•# AVENUE/PARKVIEW WAY PEDESTRIAN ENHANCEMENTS CIP NO. 40084, AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. AUTHORIZE USE OF i OF !•ANGE'S COOPERA PURCHASING i i! • l TO PURCHASE j, WATER QUALITY DEVICES ' 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 # 1 RESOLUTION OF ! OF OF CALIFORNIA, AUTHORIZING OF # OF COOPERATIVE PURCHASING PROGRAM # PURCHASE INSTALL i QUALITY DEVICES FOR THE CITYWIDE CATCH BASIN BMP'S PROJECT CIP 50036. City Council /Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 7 of 12 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. 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 10-14 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to: 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 and bring back consultant to facilitate the workshop with the new council for a period of time not to exceed 4 hours. Motion carried 5-0 City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 8 of 12 SECOND READING AND ADOPTION OF ORDINANCE i 1422, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2012-001, AS DEFINED BY SECTION 65865.2 i ` • • ` 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. 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. Motion: It was moved by Councilmember Amante and seconded by Councilmember Gavello to have second reading by title only and adoption of Ordinance No. 1422 (roll call vote). Motion carried 5 -0 ` •'i ` • i • i ` •• ` " "i i •' ` i 1i I ilk &41 ' ' `' :i' i•i i • ` :1011 a Lei • W-11 01 1 Lte d I jkll . #• 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1423, AN ORDINANCE OF i OF OF CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2012-002, AS DEFINED BY i 65865.2 OF ` •• ` 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, City • • 'i- ncy/ November 2i 2012 Housing Authority Meeting Minutes Page 9 of 12 13 im 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 residential apartment housing units including 88 very low-income, 73 low- income, and 64 moderate-income units at Disposition Package 1A-North. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray to have second reading by title only and adoption of Ordinance No. 1423 (roll call vote). Motion carried 5-0 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. 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. Motion: It was moved by Mayor Pro Tern Murray and seconded by Mayor Nielsen to 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. Motion carried 5-0 LEGISLATIVE REPORT Legislature in recess. City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 10 of 12 CITY MANAGER • Thanked Councilmembers Gavello and Amante on behalf of city staff for service to the community COUNCILMEMBER GAVELLO Thanked Dana Ogdon for the First Street Specific Plan presentation COUNCILMEMBER GOMEZ • On November 7 attended a traveling exhibit on the global war on terror • On November 10 attended the Tustin Meadows Casino Night • Attended the Mayor's Thanksgiving breakfast • Attended a Santa Ana River Flood Protection Agency meeting • Attended a New Leaders reception at ACCOC • On November 17 attended UCLA game • Stated she is looking forward to working with newly elected council members • Thanked Pamela Stoker for years of service • Acknowledged outgoing councilmembers COUNCILMEMBER AMANTE • Thanked colleagues and staff for coordinating the presenters who acknowledged his service • Congratulated Councilmembers -Elect Puckett and Bernstein • Announced that Former Mayor Doug Davert was top vote getter in his election for Director of the East Orange County Water District • Thanked the Tustin Community Foundation for Thanksgiving breakfast • Attended ACCOC reception; thanked Lacy Kelly and staff • Congratulated Pamela Stoker for years of service • Congratulated Councilmember Gomez for appointment on County Waste Management Commission • Congratulated OCTA directors; announced Mayor Pro Tern Murray appointed as third district representative • Thanked citizens of Tustin and city staff MAYOR PRO TEM MURRAY • On November 7 attended the Orange County Fire Authority (OCFA) Budget and Finance Committee meeting • Paid tribute to veterans on Veterans Day • Announced the first meeting of the 2013 Tustin Street Fair and Chili Cookoff committee was held • On November 15 attended and assisted with the Mayors Thanksgiving prayer breakfast City Council /Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 11 of 12 • Attended Concordia University Center for Public Policy meeting SIMON I SON- • Attended Orange County Vector Control District trustee meeting • Attended ACCOC City Selection Committee meeting • Attended OCFA Board of Directors • Met with Al Enderle and discussed events during the Christmas season at Enderle Center • Attended UCLA vs. USC game; congratulated UCLA Bruins • Congratulated Councilmember Gomez on her appointment to the Waste Management Commission • Thanked Pamela Stoker for service • Thanked Deborah Gavello for service • Thanked Jerry Amante for many years of service, dedication and contributions to the Tustin community • Wished all a wonderful Thanksgiving MAYOR NIELSEN • Appointed Councilmember-Elect Allan Bernstein to the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency • Participated in Kinship Center event • Thanked Mayor Pro Tern Murray for filling in at the Mayor's Thanksgiving breakfast • Congratulated Councilmembers Gavello and Amante for service • Congratulated Councilmembers-Elect Puckett and Bernstein • Congratulated Mayor Pro Tern Murray for appointment to the OCTA Board • Congratulated Councilmember Gomez for appointment to the Waste Management Commission • Thanked Pamela Stoker • Thanks veterans for their service • Thanked Councilmember Amante for service and many contributions to Tustin ADJOURNED at 9:23 p.m. — 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. 'A AL MURR�Y, PATRICIA ESTRELI-A, Mayor City Clerk City Council/Successor Agency/ November 20, 2012 Housing Authority Meeting Minutes Page 12 of 12