HomeMy WebLinkAbout01 MINUTES 5-7-13 & 5-13-13Agenda Item
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City Manager
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Finance Director
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MINUTES OF THE
JOINT REGULAR MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY TO THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY
300 CENTENNIAL WAY
TUSTIN, CA
May 7, 2013
7:00 P.M.
CALL TO ORDER — Meeting #2315 at 7:07 p.m.
INVOCATION — Councilmember Gomez
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Puckett
ROLL CALL — City Clerk
Present: Mayor Al Murray, Mayor Pro Tem Charles "Chuck' Puckett and
Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan
Bernstein
Absent: None
City Clerk: Jeffrey C. Parker, City Clerk
Others Present: David E. Kendig, City Attorney
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
• Chad Ortlieb
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 1 of 16
PUBLIC HEARING 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
Councilmember Nielsen recused himself due to potential conflict with real
property interest
Public hearing opened at 7:35 p.m.
PowerPoint presentation by Pam Arends -King
Public hearing closed at 7:47 p.m., with no comments
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.
The Council received and filed the Community Facilities District Report
It was moved by Mayor Murray and seconded by Mayor Pro Tern Puckett to:
1. 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.
Roll call vote: 4 -0 -1
It was moved by Mayor Murray and seconded by Mayor Pro Tern Puckett to:
2. 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.
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 2 of 16
Roll call vote: 4 -0 -1
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern
Puckett to:
3. 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.
City Clerk Services Supervisor, Erica Rabe, announced the results: The votes
were cast in favor of the proposition are 518, with none against
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern
Puckett to:
4. Adopt 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.
Roll call vote: 4 -0 -1
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember
Bernstein to:
5. 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.
Roll call vote: 4 -0 -1
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
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 3 of 16
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
Councilmember Nielsen returned to the dais
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
Public hearing opened at 7:53 p.m.
PowerPoint presentation by Justina Willkom
Public hearing closed at 8:05 p.m., with no comments
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
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.
It was moved by Councilmember Nielsen and seconded by Councilmember
Gomez to 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
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 4 of 16
2013 -14 Action Plan to the U.S. Department of Housing and Urban
Development.
Motion carried: 5 -0
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)
Public hearing opened at 8:06 p.m.
PowerPoint presentation by Amy Stonich
Public hearing closed at 8:15 p.m., with no comments
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.
It was moved by Councilmember Nielsen and seconded by Mayor Pro Tern
Puckett to:
1. Adopt Resolution No. 13 -18 finding the Negative Declaration prepared for
Ordinance No. 1429 is adequate;
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.
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 5 of 16
Motion carried: 5 -0
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 4 -8
It was moved by Mayor Pro Tern Puckett and seconded by Mayor Murray to pull consent
items 4 and 7, and to approve the balance of the consent calendar items on the agenda
as recommended by staff.
Motion carried 5 -0
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.
It was moved by Councilmember Gomez and seconded by Mayor Murray 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 with minor revisions.
Motion carried 5 -0
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
Minutes Page 6 of 16
$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 APPROPRIATII
AVENUE, PARK AVENUE
IMPROVEMENTS PROJECT
Councilmember Nielsen recused
City Council /Successor Agency /Housing Authority
Minutes
)N FOR TUSTIN RANCH ROAD, VALENCIA
AND LEGACY ROAD ROADWAY
himself due to potential conflict with real
May 7, 2013
Page 7 of 16
property interest
It was moved by Mayor Pro Tem Puckett and seconded by Mayor Murray to
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.
Motion carried: 4 -0 -1
Councilmember Nielsen returned to the dais
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
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 8 of 16
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.
REGULAR BUSINESS ITEMS 9 -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
It was moved by Councilmember Nielsen and seconded by Mayor Pro Tern
Puckett to have second reading by title only and adoption of Ordinance No.
1428 (roll call vote)
Motion carried: 5 -0
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.
It was moved by Councilmember Bernstein and seconded by Councilmember
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 9 of 16
Nielsen to:
That the City Council adopt Resolution No. 13 -38 appointing the Finance
Director as the Interim City Treasurer.
Motion carried: 5 -0
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
PowerPoint presentation by David E. Kendig
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.
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember
Nielsen to 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.
Motion carried: 5 -0
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
City Manager, Jeff Parker, provided an update on upcoming legislation
OTHER BUSINESS /COMMITTEE REPORTS
COUNCILMEMBER BERNSTEIN
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 10 of 16
• Attended the Water Advisory . Committee of Orange County; discussed Delta
Conservation Plan
• Attended the Orange County Vector Control meeting
• Attended the Street Fair and Chili Cook -off meeting
• Attended Teacher of the year dinner; congratulated winners and thanked all
teachers for efforts in educating children
• Attended the Athletic and Aquatics Complex dedication at Santiago Canyon
College
• Reflected on Mr. George Jeffries' memorial service
• Wished a happy birthday to the State of Israel, who celebrates its 65th birthday
• Shared a quote from Paul Johnson
• Mentioned Jerusalem Day is May 8
• Wished a happy birthday to his mom who is 84 years old
COUNCILMEMBER GOMEZ
• Attended memorial service for Mr. George Jeffries on April 19; condolences to the
Jeffries family; pleased to see many in attendance, including City staff
• Attended the Community Yard sale on April 20
• Attended the Tennis Fun Fest on April 20
• Met with project managers from Standard Pacific to review plans for project at the
Legacy on April 23; toured their recent project in the City of Brea
• Attended the Music Family fun night with Arroyo Elementary School
• Attended the 5th anniversary celebration of EmbroidMe on April 25; congratulated
Jonathan Stone on his successful business
• Toured the Tustin Ranch Road and water tower with Doug Stack on April 26;
thanked Doug Stack and Public Works
Attended Take Back the Day event sponsored by the Tustin Police Department
• Attended the Association of University Women meeting; presented awards to the
winners of Tech Trek on May 1
• Attended the annual awards dinner for the Orange County League of Conservation
Voters on May 2
• Attended the Bible League career fair at Beckman High School on May 3
Attended the annual Greater Orange Health Information Association dinner to
honor graduates on May 3
• Attended Teacher of the Year dinner; sponsored by the Tustin Public Schools
Foundation on May 3
• Attended Tustin Promenade organized by the Tustin Historical Society and chaired
by Lindburgh McPherson on May 4
• Attended Meet and Greet for Preservation Conservancy Group on May 7
• Attended the Pep Rally for the Tustin High School Basketball team; congratulated
the coach and players
• Mentioned Parks and Recreation Department published the schedule for Concerts
in the Park
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 11 of 16
• Encouraged the public to attend and support events within the City of Tustin
• Wished a happy birthday to her husband and daughter
• Wished a happy Mother's Day to all Tustin mothers
COUNCILMEMBER NIELSEN
• Attended the Orange County Sanitation District Operations Committee meeting
• Attended the Southern California Association of Governments regional conference;
re- elected to District 17 regional council; thanked those who supported him.
Congratulated new officers— Greg Pettis, President, Carl Morehouse, Vice
President; Cheryl Walker, 2nd Vice President
• Attended the Tustin Area Historical Society's annual Promenade Home & Garden
Tour, "A Day In Xanadu" on May 4; encouraged all to visit the Tustin Area Historical
Society Museum; thanked all volunteers and Lindburgh McPherson
• Attended a reception for Assemblyman Don Wagner at Nieuport 17 on April 30
• Attended the Teacher of the Year dinner; thanked Carol Burby- Garret Executive
Director of Tustin Public Schools Foundation
• Announced the Tustin blimp hangar was featured in the April 2013 issue of the
Smithsonian Magazine
• Shared memories of Mr. George Jeffries; expressed condolences
MAYOR PRO TEM PUCKETT
• Enjoyed attending the Pep Rally for Tustin High School Basketball team;
congratulated the players
• Wished Mrs. Bernstein a happy belated birthday
• Shared he was unable to attend Mr. Jeffries memorial services due to being out of
town for his niece's wedding; expressed condolences for Mr. Jeffries' family
• Announced the Transportation Corridor Agency Board will select a new CEO very
soon; close to finalizing the Tesoro Extension
• Attended the Old Town Promenade "A Day in Xanadu "; thanked Mayor Murray for
allowing him to speak on his behalf
• Attended the Athletic and Aquatics Complex dedication at Santiago Canyon
College; met Raul Rodriguez
• Attended the Cinco de Mayo celebration at the Tustin Youth Center
• Met with boy scouts to answer questions regarding the City of Tustin
MAYOR MURRAY
• Attended the Association of California Cities of Orange County Board of Directors
meeting on April 17
• Attended the Community Services Commission meeting on April 17; swore in new
commissioners
• Attended Safe Communities meeting; along with Supervisor Todd Spitzer and
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 12 of 16
Irvine Mayor Steven Choy at the Irvine Senior Center on April 17
• Attended the Transportation Corridor Agency Board of Directors meeting as
alternate on April 18
• Attended Association of California Cities of Orange County Legislative Committee
meeting on April 19
• Attended memorial service for Mr. George Jeffries on April 19; appreciated City
staff representation
• Attended Orange County Transportation Authority Board of Directors meeting on
April 22
• Attended Orange County Crime Victims Memorial unveiling and candlelight vigil,
along with Captain Celano, on April 24. Championed by Supervisor Todd Spitzer
• Attended the Pacific Symphony Orchestra Concert at Aldersgate United Methodist
Church
• Attended the Orange County Fire Authority Board of Directors special meeting on
April 24; discussed the Orange County Employees Retirement System
• Attended Crime Survivors awards banquet; Tustin Police Department was
recognized for sensitivity and compassion for handling crime victim cases
• Attended Tustin's Take Back day; thanked the Police Department and the Drug
Enforcement Administration on April 27
• Attended Orange County Transportation Authority State Route 91 Advisory
meeting and widening project groundbreaking
• Attended the Orange County Wild Fires press conference
• Attended the Chili Cook -off meeting
• Attended the Board of Equalization open house with Michelle Steel
• Attended the Cinco de Mayo celebration at the Youth Center
• Attended the Teacher of the Year awards dinner
• Attended the 17th annual Old Town Promenade
• Participated in a pre - judging event for the Chili Cook -off for King's Way Church
• Attended Orange County Transportation Authority Executive Board meeting and
Highways and Planning meeting
• Spoke at the Senior Volunteer luncheon; thanked Dave Wilson
• Thanked staff for graffiti removal
• Complimented Chief Jordan and the Police Department for handling two recent
events that were handled very well
• Requested Doug Stack to review the intersection of El Camino Real and Park
Center
• Announced Tustin Chamber monthly breakfast on May 8
• Announced State of the City luncheon will be held Thursday, June 6
• Congratulated the Tustin High basketball team
RECESSED TO CLOSED SESSION at 9:15 p.m.
CLOSED SESSION MEETING
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 13 of 16
CALL TO ORDER — Meeting #2315
ATTENDANCE
Present: Mayor AI Murray, Mayor Pro Tern Charles "Chuck" Puckett and
Councilmembers John Nielsen, Rebecca "Beckie" Gomez and
Councilmember Allan Bernstein
Absent: None
City Clerk: Jeffrey C. Parker, City Clerk
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 — 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 54957.61
• 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:
(TPOA)
• Employee Organization:
(TPSSA)
• Employee Organization:
• Employee Organization:
• Employee Organization:
Management Employees
• Employee Organization:
Tustin Police Officers Association — Officer Unit
Tustin Police Support Service Association
Unrepresented Confidential Employees
Unrepresented Supervisory Employees
Unrepresented Executive Management and
Unrepresented Part-Time Employees
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 14 of 16
54956.8) — Four cases
1. 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
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
City Council /Successor Agency /Housing Authority May 7, 2013
Minutes Page 15 of 16
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 .
VWWVW 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 Negotiators
Jeffrey C. Parker, City Manager, John Buchanan,
Program Manager, and special real estate
counsel Amy Freilich
Negotiating Parties
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
Under Negotiation
Price and Terms of Payment
RECONVENE IN OPEN SESSION at 11:38 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig — No reportable action
ADJOURNMENT at 11:39 p.m. — 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
Minutes Page 16 of 16
Agenda Item 1
Reviewed:
City Manager
Finance Director NIA
MINUTES OF THE SPECIAL
MEETING OF THE CITY COUNCIL
300 CENTENNIAL WAY
TUSTIN, CA
May 13, 2013
6:00 P.M.
CALL TO ORDER - Meeting #2316 at 6:05 p.m.
INVOCATION — Mayor Pro Tem Puckett
PLEDGE OF ALLEGIANCE — Councilmember Gomez
ROLL CALL — City Clerk
Present: Mayor Al Murray, Mayor Pro Tern Charles "Chuck" Puckett and
Councilmembers John Nielsen, Rebecca "Beckie" Gomez and Allan
Bernstein
Absent: None
City Clerk: Jeffrey C. Parker, City Clerk
Others Present: David E. Kendig, City Attorney
ORAL COMMUNICATION /PUBLIC INPUT — None
RECESSED at 6:08 p.m.
RECONVENED at 6:10 p.m.
REGULAR BUSINESS ITEM 1
1. GENERAL PLAN AMENDMENT (GPA) 2013 -001, MCAS TUSTIN SPECIFIC PLAN
AMENDMENT (SPA) 2013 -001, DEVELOPMENT AGREEMENT (DA) 2013 -002,
AND LAND EXCHANGE AGREEMENT BETWEEN THE CITY AND SOCCCD
City Council Special Minutes May 13, 2013
Page 1 of 5
PowerPoint presentation by Matt West and Justina Willkom
Public Input:
• James Noble
• Jeremy Krout, RGP
The project consists of an agreement between the South Orange County Community
College District ( SOCCCD or District) and the City of Tustin (City) called the
Agreement for the Exchange of Real Property between the City of Tustin and South
Orange County Community College District (Attachment E). The Exchange
Agreement delineates the terms and processes associated with the exchange of the
ultimate ownership of approximately 89 acres of land within Planning Area 1 of Tustin
Legacy.
The objectives of the project are to rationalize property boundaries to create larger,
contiguous land areas for the City and SOCCCD, provide for a broader range of land
uses in support of the objectives of the MCAS Tustin Specific Plan, and enhance
circulation in the Project area by improving east -west connectivity between the
existing Red Hill and Armstrong Avenues.
To facilitate the exchange, several entitlements and implementation documents are
necessary. These include a General Plan Amendment (GPA) to add the Bell Avenue
extension to the City's circulation plan and correct preexisting inconsistencies with the
MCAS Tustin Specific Plan; an amendment to the MCAS Tustin Specific Plan to
modify the permitted land uses and land use intensities in parts of Neighborhood A
and to construct an extension of Bell Avenue as a Secondary Arterial; and a
Development Agreement and Amended Conveyance Agreement between SOCCCD
and the City (DA) along with other associated implementation documents.
On April 23, 2013, the Planning Commission adopted Resolution No. 4222
recommending that the City Council approve the Addendum to Final EIS /EIR for the
project and Resolution No. 4223 recommending that the City Council approve GPA
2013 -001, SPA 2013 -001 and DA 2013 -002.
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen
to:
1. Adopt Resolution No. 13 -32 approving the Addendum to Final EIS /EIR for
General Plan Amendment (GPA) 2013 -001, MICAS Tustin Specific Plan
Amendment (SPA) 2013 -00, Development Agreement (DA) 2013 -002, and
Agreement for the Exchange of Real Property between the City of Tustin and
South Orange County Community College District; including the deletion of the
final sentence of Recital D. which reads "The Planning Commission will
consider the addendum along with the FEIS /EIR prior to making a
City Council Special Minutes May 13, 2013
Page 2 of 5
recommendation to the City Council on the GPA 2013 -001, SPA 2013 -001, and
DA 2013- 002 ".
Motion carries: 5 -0
It was moved by Councilmember Nielsen and seconded by Mayor Pro Tern Puckett
to:
2. Adopt Resolution No. 13 -33, approving GPA 2013 -001 by adding a new local
street (Bell Avenue) to service adjacent uses; including the deletion of the final
sentence of Recital G. which reads 'The Planning Commission will consider
the addendum along with the FEIS /EIR prior to making a recommendation to
the City Council on the GPA 2013 -001, SPA 2013 -001, and DA 2013 - 002 ".
Motion carries: 5 -0
It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Nielsen
to:
3. Move to waive full reading of and to adopt for first reading Ordinance 1432, an
ordinance of the City Council of the City of Tustin, approving specific plan
amendment 2013 -13 by incorporating text allowing private for profit non-
educational uses, increase allowable building square footages within the
education village (neighborhood A) of the MCAS Tustin Specific Plan and
adding a new locate street (Bell Avenue); including the deletion of the final
sentence of Finding G. which reads 'The Planning Commission will consider
the addendum along with the FEIS /EIR prior to making a recommendation to
the City Council on the GPA 2013 -001, SPA 2013 -001, and DA 2013 - 002 ".
Motion carries: 5 -0
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern Puckett
to:
4. Move to waive full reading of and to adopt for first reading Ordinance 1433, an
ordinance of the City Council of the City of Tustin approving development
agreement 2013 -002 between the City of Tustin and the South Orange County
Community College District to facilitate the development, conveyance and land
exchange within the boundaries of the MCAS Tustin Specific Plan; including
the deletion of the final sentence of Finding H. which reads "The Planning
Commission will consider the addendum along with the FEIS /EIR prior to
making a recommendation to the City Council on the GPA 2013 -001, SPA
2013 -001, and DA 2013-002".
Motion carries: 5 -0
City Council Special Minutes May 13, 2013
Page 3 of 5
It was moved by Councilmember Gomez and seconded by Councilmember Nielsen
to:
5. That the City Council adopt Resolution No. 13 -34, approving the Agreement for
the Exchange of Real Property between the City of Tustin and South Orange
County Community College District for the exchange of certain property within
approximately 89 acres of land within Planning Area 1 of MCAS Tustin Specific
Plan.
Motion carries: 5 -0
RESOLUTION NO. 13 -32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING AN ADDENDUM TO THE
FINAL ENVIRONMENTAL IMPACT STATEMENT/
ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND
REUSE OF MCAS TUSTIN ( "FEIS /EIR ") FOR GENERAL PLAN
AMENDMENT 2013 -001, MCAS TUSTIN SPECIFIC PLAN
AMENDMENT 2013 -001, DEVELOPMENT AGREEMENT 2013 -002,
AND AN AGREEMENT FOR THE EXCHANGE OF REAL
PROPERTY BETWEEN THE CITY OF TUSTIN AND THE SOUTH
ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
RESOLUTION NO. 13 -33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT (GPA) 2013 -001 BY ADDING A NEW LOCAL
STREET (BELL AVENUE) TO SERVICE ADJACENT USES
ORDINANCE NO. 1432
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2013-
001 BY INCORPORATING TEXT ALLOWING PRIVATE FOR -
PROFIT NON - EDUCATIONAL USES, INCREASE ALLOWABLE
BUILDING SQUARE FOOTAGES WITHIN THE EDUCATION
VILLAGE (NEIGHBORHOOD A) OF THE MCAS TUSTIN SPECIFIC
PLAN, AND ADDING A NEW LOCAL STREET (BELL AVENUE).
ORDINANCE NO. 1433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2013-
002 BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE
COUNTY COMMUNITY COLLEGE DISTRICT TO FACILITATE THE
DEVELOPMENT, CONVEYANCE, AND LAND EXCHANGE WITHIN
THE BOUNDARIES OF THE MCAS TUSTIN SPECIFIC PLAN
City Council Special Minutes May 13, 2013
Page 4 of 5
RESOLUTION NO. 13 -34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AN AGREEMENT FOR THE
EXCHANGE OF LAND WITHIN THE BOUNDARIES OF THE MCAS
TUSTIN SPECIFIC PLAN BETWEEN THE CITY OF TUSTIN AND
THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE
DISTRICT
ADJOURNMENT at 7:16 p.m. 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 Special Minutes May 13, 2013
Page 5 of 5