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HomeMy WebLinkAbout00 CC AGENDA 5.7.13CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen, Councilmember Al Murray, Mayor Rebecca "Beckie" Gomez, Councilmember Allan Bernstein, Councilmember MAY 7, 2013 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk George Jeffries, City Treasurer JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2315 INVOCATION — Councilmember Gomez PLEDGE OF ALLEGIANCE — Mayor Pro Tern Puckett ROLL CALL — City Clerk PRESENTATIONS • Tustin High Basketball Team • National League of Young Men • Tustin Toyota — LEED Certification • Pioneer Middle School Students • Orange County Transportation Authority — National Bike Month 2013 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. 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. 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 -3) 1. CONDUCT A PUBLIC HEARING AND HOLD A SPECIAL ELECTION FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01 AND ADOPT VARIOUS RESOLUTIONS AND AN ORDINANCE FORMING THE DISTRICT The City continues to develop the former Marine Corps Air Station known as Tustin Legacy. To provide adequate funds to provide services to the soon to be developed areas of Tustin Legacy, staff requested City Council at the March 5, 2013 meeting to approve a resolution establishing a Community Facilities District No. 13 -01 (CFD 13 -01) and authorizes the levy of special taxes and accept the Petition to create CFD 13 -01. The actions taken by the City at this time will finalize the formation of CFD 13 -01. Recommendation: 1. Receive and File the Community Facilities District Report. 2. Conduct a public hearing to hear presentations by staff and consultants and hear questions and comments from the public. 3. Adopt Resolution No. 13 -28, a Resolution of the City Council of the City of Tustin, California, of Formation of City of Tustin Community Facilities District 13 -01, Authorizing the Levy of a Special Tax within the District and Establishing an Appropriations Limit for the District. 4. Adopt Resolution No. 13 -29, a Resolution of the City Council of the City of Tustin, California, Calling Special Election for City of Tustin Community Facilities District 13 -01. 5. Vote to approve the proposition authorizing the levying of a special tax and establishing an annual appropriations limit for Community Facilities District No. 13 -01 and authorize the Mayor to cast the City's vote on the official ballot for the Community Facilities District in accordance therewith. 6. Direct the City Clerk to open ballots, announce the results of the election and to execute the Statement of Results of Election. 7. Adopt Resolution No. 13 -30, a Resolution of the City Council of the City City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 2 of 12 of Tustin, California, Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien. 8. Approve for first reading, Ordinance No. 1431, an Ordinance of the City of Tustin, California, Levying Special Taxes within the City of Tustin Community Facilities District 13 -01. RESOLUTION NO. 13 -28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OF FORMATION OF CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT RESOLUTION NO. 13 -29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01 RESOLUTION NO. 13 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN ORDINANCE NO. 1431 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01 2. FISCAL YEAR 2013 -14 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2013 -14 ACTION PLAN, AMENDMENTS TO THE PY 2008 -13 ACTION PLANS The Community Development Department is proposing to submit to the U.S. Department of Housing and Urban Development (HUD) a Program Year (PY) 2013 -14 Action Plan (Attachment A), which describes the activities that the City will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. HUD has not yet notified the City of CDBG funding for the program year 2013 -14, but has informed staff to use the prior year funding allocation ($587,277) as a baseline with a possible increase of up to four (4) percent. On March 5, 2013, the Tustin City Council conducted a public hearing informing interested citizens about the Community Development Block Grant (CDBG) program, obtained citizens' views on CDBG priorities, received a report on public service performance evaluations, and potential reallocation and allocation City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 3 of 12 of CDBG funds. The Community Development Department is also proposing to amend the PY 2008 -13 Action Plans to reallocate unexpended funds from previously approved projects. An amendment to an Action Plan is required when adding a new activity not previously described in the Action Plan of the respective Program Year or an increase or decrease in funds of fifty (50) percent or more allocated to a specific project. Recommendation: That the City Council adopt Resolution No. 13 -35 approving: 1) Program Year 2013 -14 Action Plan and funding allocation; 2) Amendments to the PY 2008 -13 Action Plans to reallocate unexpended funds; and, 3) authorize submission of the PY 2013 -14 Action Plan to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 13 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2013- 14 ACTION PLAN AND FUNDING ALLOCATION AND AMENDMENTS TO THE PROGRAM YEARS 2008 -13 ACTION PLANS FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 3. ORDINANCE NO. 1429, ZONING CODE UPDATE (CODE AMENDMENT 13- 001) Ordinance No. 1429 (Code Amendment 13 -001) proposes the incorporation of text amendments to Articles 4 and 9 of the Tustin City Code (TCC). Code Amendment 13 -001 will provide updates consistent with State law and organize the code using modernized format. Generally, the Code Amendment would: consolidate the site development standards in table format; provide updated terminology, definitions and standards to reflect changes with California State Law; codify and incorporate uses that are commonly established; include graphic and figures where appropriate; and, clarify duties of the Zoning Administrator (ZA) for consistency with Council policy and provisions. The incorporation of the proposed text amendments will ensure internal consistency; consistency with the requirements of State Law; and, consistency with the Tustin General Plan. Recommendation: 1. Adopt Resolution No. 13 -18 finding the Negative Declaration prepared for Ordinance No. 1429 is adequate; City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 4 of 12 2. Introduce and have a first reading of Ordinance No. 1429 (Code Amendment 13 -001) to amend Article 4 and Article 9 of the Tustin City Code and set a second reading at the next City Council meeting. RESOLUTION NO. 13 -18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR CODE AMENDMENT 13 -001 TO AMEND ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT AMENDMENTS TO THE ZONING CODE ORDINANCE NO. 1429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1429 (CODE AMENDMENT 13 -001) TO AMEND ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT AMENDMENTS TO THE ZONING CODE 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 4 through 8) 4. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD APRIL 16, 2013. Recommendation: That the City Council /Successor Agency and Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment and Housing Authority held on April 16, 2013. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $11,182.39 and City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 5 of 12 $580,372.00; and Demands in the amounts of $2,099,655.84 and $1,457,969.95. 6. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER LEVYING FISCAL YEAR 2013 -2014 ASSESSMENTS At the February 19, 2013 meeting, the City Council ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and is ready for City Council approval. Additionally, it is requested that the City Council declare its intention to levy annual assessments and set a public hearing for June 4, 2013. Recommendation: 1. Adopt Resolution No. 13 -36 approving the Engineer's Report for the Tustin Landscape and Lighting District for Fiscal Year 2013 -2014; and 2. Adopt Resolution No. 13 -37 declaring its intention to levy annual assessments for Fiscal Year 2013 -2014 and setting a public hearing for June 4, 2013. RESOLUTION NO. 13 -36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2013 -2014 RESOLUTION NO. 13 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2013 -2014 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 7. SUPPLEMENTAL APPROPRIATION FOR TUSTIN RANCH ROAD, VALENCIA AVENUE, PARK AVENUE AND LEGACY ROAD ROADWAY IMPROVEMENTS PROJECT Recommendation: City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 6 of 12 It is recommended that the City Council approve a supplemental appropriation in the amount of $1,667,569 from the CFD 04-1 (Fund 433) Acquisition Fund to be used on various projects currently underway at Tustin Legacy by the City. 8. WAIVER OR MODIFICATION OF SPECIFIC CLOSING CONDITIONS CONTAINED IN THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) FOR EARLY CONVEYANCE OF DISPOSITION PARCEL 1A TO ANTON LEGACY TUSTIN, LP (DEVELOPER) Approval is requested to waive or modify specific closing conditions in the Disposition and Development Agreement (DDA) between the City and Anton Legacy Tustin, LP (Developer aka St Anton Partners) and accelerate payment by the Developer of the Backbone Infrastructure obligation. Recommendation: Authorize the City Manager to do the following: 1. Waive section 7.2.2(n) of the DDA, which conditions conveyance of Parcel 1A subject to the conveyance of Parcel 2A (The Irvine Company, aka Legacy Villas LLC). Conveyance will not occur earlier than May 21, 2013 or with the second reading of Ordinance No. 1431, adopting CFD 13 -01. 2. Modify sections 7.2.1(e) and 7.2.2(m) of the DDA to exempt a grading permit and building permit to the Close of Escrow; however, the Developer must be in a position to receive all required building permits. Waivers 1 and 2 above will be granted with the stipulation that the Developer will consent to the following: 1. The Developer will instruct escrow to release the Backbone Infrastructure obligation in the amount of $4,324,393, prior to the completion of Park Avenue between Warner Avenue and Legacy Avenue, as described section 8.5.2 of the DDA, as follows: a) release 50% or $2,162,197 at the close of escrow, and b) release the remaining 50% or $2,162,196 when all improvements to the roadway have been completed with the exception of the final paving surface and stripping of the roadway. The determination of when the project is nearly complete as described above will be at the discretion of the Public Works Department. 2. The Developer will consent to waive its right to protest the formation of CFD 13 -01, pursuant to the Rate and Method proposed for consideration by the City Council on May 7, 2013 for Affordable Moderate Multi - Family units. City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 7 of 12 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9 through 12) 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1428 TO AMEND ARTICLE 1 CHAPTER 1 AND ARTICLE 8 CHAPTER 1 AND CHAPTER 8 (CODE AMENDMENT 2013 -003) OF THE TUSTIN CITY CODE INCORPORATING HEARING OFFICER GUIDELINES FOR ADMINISTRATIVE HEARING PROCEDURES On November 4, 2008, the Tustin City Council adopted Ordinance No. 1358 amending Article 1 of the Tustin City Code establishing an Administrative Citation Program for penalty provisions for administrative citations. Ordinance No. 1428 (Code Amendment 2013 -003) is a City initiated update to the Tustin City Code Article 1 and Article 8 in order to: • Establish Hearing Officer Guidelines • Incorporate amendments that are consistent with State law • Implement penalty fee provisions for non - payment of citations • Update definitions and procedures • Incorporate a fixed amount for compensation with a maximum overall amount per hearing to Hearing Officers Recommendation: Have second reading by title only and adoption of Ordinance No. 1428 (roll call vote) ORDINANCE NO. 1428 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 1 CHAPTER 1 AND ARTICLE 8 CHAPTER 1 AND CHAPTER 8 (CODE AMENDMENT 2013 -003) OF THE TUSTIN CITY CODE RELATING TO CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS. 10. APPOINTMENT OF THE FINANCE DIRECTOR AS THE INTERIM CITY TREASURER The City Council is asked to consider Resolution No. 13 -38 appointing the Finance Director as the Interim City Treasurer. Recommendation: That the City Council adopt Resolution No. 13 -38 appointing the Finance City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 8 of 12 Director as the Interim City Treasurer. RESOLUTION NO. 13 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING THE FINANCE DIRECTOR AS INTERIM CITY TREASURER 11. ORDINANCE AMENDING CITY CODE REGARDING CITY COMMISSIONER REMOVAL AND COMPENSATION Per the Council's request, staff has prepared the attached Ordinance to amend the City Code to provide that City commission members would be automatically removed from office upon election to the City Council, and to provide that commissioner compensation shall be established by ordinance. Recommendation: It is recommended that the City Council introduce and have first reading by title only of Ordinance No. 1434 Amending Article 1 and Article 5 of the Tustin City Code Regarding Commissioner Removal and Compensation and set the second reading at the next Regular City Council Meeting. ORDINANCE NO. 1434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING ARTICLE 1 AND ARTICLE 5 OF THE TUSTIN CITY CODE REGARDING COMMISSIONER REMOVAL AND COMPENSATION 12. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS RECESS TO CLOSED SESSION CLOSED SESSION MEETING CALL TO ORDER — Meeting #2315 City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 9 of 12 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(d2)] — Two Cases 3. LABOR NEGOTIATIONS [Government Code Section 54957.6] • Agency Negotiators: Chuck Robinson, Deputy City Manager, Derick Yasuda, Human Resources Manager and Peter Brown, Liebert Cassidy Whitmore • Employee Organization: Tustin Municipal Employees Association (TMEA) • Employee Organization: Tustin Police Officers Association — Management Unit (TPMA) • Employee Organization: Tustin Police Officers Association — Officer Unit (TPOA) • Employee Organization: Tustin Police Support Service Association (TPSSA) • Employee Organization: Unrepresented Confidential Employees • Employee Organization: Unrepresented Supervisory Employees • Employee Organization: Unrepresented Executive Management and Management Employees • Employee Organization: Unrepresented Part -Time Employees 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Four cases Property Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D, Final Map Address /Description 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, Elizabeth Binsack, Community Development Director, and John Buchanan, Program Manager City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 10 of 12 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 Terms and Conditions of a potential land Address /Description exchange between the City of Tustin ( "City ") and South Orange County Community College District ( "SOCCCD "), collectively the parties, of certain property owned by the City (Parcel 1 -K -2 and a portion of Parcel I- E -2.1) for property owned by SOCCCD (Parcel I -E -3) and a portion of Parcel IV -J -4 currently leased by SOCCCD from the City, and accommodation of adequate land area by the parties for a future Bell Avenue Extension between Red Hill Avenue and Armstrong Avenue including a portion of Parcel I -E -2.1 owned by the City and dedication by SOCCCD of a portion of Parcel I -E -1.1 currently owned by the SOCCCD and a portion of Parcel IV -J -6 current leased by SOCCCD from the City. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney, David A. DeBerry, Deputy City Attorney, Matt West, Project Manager and George Schlossberg, Kutak Rock Negotiating Parties Debra Fitzsimons, Vice Chancellor, SOCCCD Under Negotiation Price and Terms of Payment 3. Property Parcel 1A — Anton Legacy Tustin, LP and The Address /Description Irvine Company (TM 17404, Lots 20, MMM, PPP, and NNN) Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Program Manager Negotiating Parties Steve Eggert and Trisha Malone, St Anton Partners and Bryan Austin, The Irvine Company Under Negotiation Price and Terms of Payment 4. Property Tustin Legacy Disposition Package 2A to include Address /Description sale of Parcels 29,30,38, 39, Lot N, Lot M, and Lot WWWW of tract 17404 and L; Disposition Package 1A North to include sale of Parcel 20, Lot PPP, and Lot NNN of Tract 17404 Agency City of Tustin City Council /Successor Agency /Housing Authority May 7, 2013 Meeting Agenda Page 11 of 12 City Negotiators Negotiating Parties Under Negotiation RECONVENE IN OPEN SESSION Jeffrey C. Parker, City Manager, John Buchanan, Program Manager, and special real estate counsel Amy Freilich Dan Young, President of Irvine Company Community Development and Bryan Austin on behalf of Irvine Company LLC; Steve Eggert and Tricia Malone, co- owners and on behalf of St. Anton Partners, LLC Price and Terms of Payment CLOSED SESSION REPORT — City Attorney David E. Kendig ADJOURNMENT — The next meeting is scheduled for Tuesday, May 21, 2013 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 /Housing Authority May 7, 2013 Meeting Agenda Page 12 of 12