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Home My WebLink About00 CC AGENDA 5.21.13CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY • Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen, Councilmember Al Murray, Mayor Rebecca "Beckie" Gomez, Councilmember Allan Bernstein, Councilmember MAY 21, 2013 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pam Arends -King, Interim City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2317 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 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 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. 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 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 Agency 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 3. 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 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 4, Property 2345 Barranca Pkwy, APN: 434 - 021 -22, Army Address /Description Reserve Center and 15 acres of the Northeast corner of Red Hill Avenue and Warner Avenue Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Matt West, Redevelopment Project Manager and David E. Kendig, City Attorney Negotiating Parties United States Government acting through the Department of the Army, represented by Stan Wallin, Jeremy Hollis and Cheryl Connett of the City Council /Successor Agency May 21, 2013 Meeting Agenda Page 2 of 10 Army Corps of Engineers Under Negotiation Price and terms of payment JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY VE[1I11 a►vi l CALL TO ORDER — Meeting #2317 INVOCATION — Councilmember Bernstein PLEDGE OF ALLEGIANCE — Councilmember Nielsen ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Hewes Kids Run the Orange County Marathon • Chief Richter — 2013 Fire Chief of the Year • SADD National Student Leadership Council - Michelle Gao 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. 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 1 through 5) City Council /Successor Agency May 21, 2013 Meeting Agenda Page 3 of 10 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND TUSTIN HOUSING AUTHORITY HELD MAY 7, 2013 AND THE SPECIAL MEETING OF THE CITY COUNCIL HELD MAY 13, 2013. Recommendation: That the City Council and Successor Agency approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment and Tustin Housing Authority held on May 7, 2013 and the Special Meeting of the City Council held May 13, 2013. 2. 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 $604,805.95; and Demands in the amounts of $3,379,987.96. 3. CONTRACT FOR PROSECUTION SERVICES / ORANGE COUNTY DISTRICT ATTORNEY The Orange County District Attorney's Office prosecutes Penal, Health and Safety, and Vehicle Code violations referred to it by the City of Tustin Police Department. The City may also refer violations of the Tustin City Code to the District Attorney under the parties' current contract for prosecution services. The current agreement, which has been in place since 2008, will expire on June 30, 2013. The District Attorney has prepared a new five -year agreement for prosecution services for approval by the City. If approved, the term of the new agreement would run from July 1, 2013 until June 30, 2018. Recommendation: Approve and authorize the Mayor to execute the attached Agreement for Prosecution Services with the Orange County District Attorney. 4. ASSET CAPITALIZATION THRESHOLD The asset capitalization threshold currently in use was adopted by Council in 2003. Accordingly, capital asset purchases (other than infrastructure) in excess of $5,000 are capitalized and infrastructure assets with a cost exceeding $100,000 are capitalized. We are recommending an increase in the threshold for capitalization of fixed assets to $10,000 with a useful life of 5 years or more, City Council /Successor Agency May 21, 2013 Meeting Agenda Page 4 of 10 and $150,000 for infrastructure assets. Recommendation: 1. Adopt the recommended capitalization threshold for the City's fixed assets at $10,000 with a useful life of 5 years or more. 2. Adopt the recommended capitalization threshold for capital and infrastructure assets at $150,000. 5. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 6 through 13) 6. APPROVAL OF ISSUANCE OF 2013 SPECIAL TAX REFUNDING BONDS FOR CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 04 -01 ( TUSTIN LEGACY /JOHN LAING HOMES) In 2004, after the receipt of a petition of the property owner the City formed Community Facilities District No. 04 -1 (Tustin Legacy /John Laing Homes) (the "District') pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 as amended to finance the acquisition of public improvements incident to the development of the John Laing Homes residential project. The District issued bonds on December 15, 2004 in the amount of $11,415,000 with the final maturity in 2034 and the proceeds of the bonds were used to finance the authorized public improvements. All of the 563 residential units in the District have been built and sold to homebuyers. Recommendation: 1. Adopt Resolution No. 13 -40, A Resolution of the City Council of the City of Tustin, California, Authorizing the Issuance of Community Facilities District No. 04 -1 (Tustin Legacy /John Laing Homes) 2013 Special Tax City Council /Successor Agency May 21, 2013 Meeting Agenda Page 5 of 10 Refunding Bonds (the "Refunding Bonds "), and Approving related Documents and Actions. RESOLUTION NO. 13 -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE OF COMMUNITY FACILITIES DISTRICT NO. 04 -1 (TUSTIN LEGACY /JOHN LAING HOMES) 2013 SPECIAL TAX REFUNDING BONDS, AND APPROVING RELATED DOCUMENTS AND ACTIONS 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR GRADING AND STORM DRAIN WITHIN ARMSTRONG AVENUE (CIP NO. 70201) AND A PORTION OF WARNER AVENUE (CIP NO. 70202) AND PHASE 1 GRADING OF DISPOSITION AREAS 2C & 8 WITHIN NEIGHBORHOOD D IN TUSTIN LEGACY (CIP NO. 70222) The plans and specifications for grading and storm drain within Armstrong Avenue (CIP No. 70201) and a portion of Warner Avenue from Armstrong Avenue to Legacy Road (CIP No. 70202), and Phase 1 grading of Disposition Areas 2C & 8 within Neighborhood D in Tustin Legacy (CIP No. 70222) have been substantially completed pending final approval by the City Engineer. Recommendation: Adopt Resolution No. 13 -41 approving the plans and specifications for the grading and storm drain within Armstrong Avenue (CIP No. 70201) and a portion of Warner Avenue from Armstrong Avenue to Legacy Road (CIP No. 70202), and Phase 1 Grading of Disposition Areas 2C & 8 within Neighborhood D in Tustin Legacy (CIP No. 70222) and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 13 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE GRADING AND STORM DRAIN WITHIN ARMSTRONG AVENUE (CIP NO. 70201) AND A PORTION OF WARNER AVENUE (CIP NO. 70202) AND PHASE 1 GRADING OF DISPOSITION AREAS 2C & 8 WITHIN NEIGHBORHOOD D IN TUSTIN LEGACY (CIP NO. 70222) AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. SECOND READING AND ADOPTION OF ORDINANCE NO. 1429, AMENDING ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT AMENDMENTS TO THE ZONING CODE Ordinance No. 1429 (Code Amendment 13 -001) proposes the incorporation of City Council /Successor Agency May 21, 2013 Meeting Agenda Page 6 of 10 text amendments to Articles 4 and 9 of the Tustin City Code (TCC). Code Amendment 13 -01 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: Have second reading by title only and adoption of Ordinance No. 1429 (roll call vote). ORDINANCE NO 1429 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 4 AND ARTICLE 9 OF THE TUSTIN CITY CODE TO INCORPORATE MINOR TEXT AMENDMENTS TO THE ZONING CODE. 9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1431 LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1431 (roll call vote). ORDINANCE NO 1431 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 13 -01 10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1433, City Council /Successor Agency May 21, 2013 Meeting Agenda Page 7 of 10 APPROVING DEVELOPMENT AGREEMENT (DA) 2013 -002 BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT TO FACILIATE THE DEVELOPMENT, CONVEYANCE, AND LAND EXCHANGE WITHIN THE BOUNDARIES OF THE MCAS TUSTIN SPECIFIC PLAN 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. 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1433 (roll call vote). ORDINANCE NO. 1433 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, 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 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1432, 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) 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. 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1432 (roll call City Council /Successor Agency May 21, 2013 Meeting Agenda Page 8 of 10 vote). ORDINANCE NO. 1432 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, 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) 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1434 AMENDING ARTICLE 1 AND ARTICLE 5 OF THE TUSTIN CITY CODE REGARDING COMMISSIONER REMOVAL AND COMPENSATION On March 19, 2013, the City Council directed staff to prepare an ordinance to amend the City Code to allow City commissioners to remain in office after the filing of nomination papers but to be automatically removed from office in the event of election to the City Council. The Council directed that the City Code should continue to impose no limits on the number of terms that may be served by commissioners, and should continue to require commissioners to be compensated with a per meeting stipend. The Council further directed that the City Code should require adoption of a new ordinance when a stipend amount is amended. Recommendation: Have second reading by title only and adoption of Ordinance No. 1434 (roll call vote). ORDINANCE NO. 1434 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 1 AND ARTICLE 5 OF THE TUSTIN CITY CODE REGARDING COMMISSIONER REMOVAL AND COMPENSATION 13. LEGISLATIVE REPORT Staff has prepared the following letters for Council's consideration: • Support of Assembly Bill 229 — Infrastructure and Revitalization Financing Districts • Opposition to Assembly Bill 667 - Land Use: Development Project Review: Superstores • Opposition to Senate Bill 323 — Youth Equality Act 2013 Recommendation: Pleasure of the Council. City Council /Successor Agency May 21, 2013 Meeting Agenda Page 9 of 10 OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, June 4, 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 May 21, 2013 Meeting Agenda Page 10 of 10