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Home My WebLink About02 MINUTES 09-20-04 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA Agenda Item 2 Reviewed: City Manager ~ Finance Director ~ SEPTEMBER 1, 2004 CALL TO ORDER - 8:36 A.M. - Clifton C. Miller Community Room ATTENDANCE Present: Tony Kawashima, Mayor, Lou Bone, Mayor Pro Tem, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Maria Huizar, Chief Deputy City Clerk William A. Huston, City Manager; Christine A. Shingleton, Assistant City Manager; Lois Jeffrey, City Attorney; and Elizabeth Binsack, Director of Community Development Absent: City Clerk: Others Present: WORKSHOP 1. INCENTIVES FOR THE DEVELOPMENT HOUSING/DENSITY BONUSES (Ordinance No. 1279) OF AFFORDABLE City Manager Huston made a brief introduction on the matter and turned it over to City Attorney Jeffrey. City Attorney Jeffrey outlined the following legal issues: Government Code Section 65915 (State Density Bonus Law) created in 1989 to promote the development of housing for very low, low, and moderate-income families ("affordable housing"). Under this Section, the City is required to adopt an Ordinance that specifies how compliance with Section 65915 of the California Government Code will be implemented. On November 1, 1999, the City of Tustin adopted Ordinance No. 1222 establishing developer incentives for development of affordable housing. On September 15, 2003, the City adopted Ordinance No. 1279 amending Ordinance No. 1222 to comply with the recent changes in State Law. Purpose and intent of the Density Bonus Law: ./ The purpose of the Density Bonus Law is to provide regulatory incentives for the production of housing for very low, low, and moderate income families, or senior citizens. ./ The intent of the City's ordinance is to comply with State Law to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element. City Council Meeting Minutes September 1, 2004 Page 1015 ./ For an Orange County family of four in 2004, very low, lower, and moderate income means the following: Very low income = $37,800 or less Lower income = $37,800 - $60,480 Moderate income = $60,480 - $90,720 Community Development Director Binsack presented the following: If a developer proposes to build a specified percentage of affordable units, the developer is entitled by law to receive: ./ A Density Bonus and at least one regulatory concession or incentive (provided it is financially justified), OR ./ Other regulatory incentives or concessions of Equivalent Financial Value. A density bonus is a density increase of 25% over the otherwise Maximum Allowable Residential Density. A 10% density bonus allowed if 20% of the units in a condominium development will be for moderate-income families. Four examples of density bonus projects were provided as follows: ./ Density Bonus Example # 1: Senior Citizen Housing Housina with 50% of the units for seniors Maximum w/o Density Bonus = 100 units 25% Density Bonus = 25 units Maximum w/ Density Bonus = 125 units Senior Affordable Units (50%) = 50 units ./ Density Bonus Example # 2: Very Low Income Households Housina with 10% of the units affordable to very low-income households Maximum w/o Density Bonus = 100 units 25% Density Bonus = 25 units Maximum w/ Density Bonus = 125 units Very Low Income Units (10%) = 10 units ./ Density Bonus Example # 3: Lower Income Households Housina with 20% of the units affordable to lower income households Maximum w/o Density Bonus = 100 units 25% Density Bonus = 25 units Maximum w/ Density Bonus = 125 units Lower Income Units (20%) = 20 units ./ Density Bonus Example # 4: Moderate Income Households Condominiums with 20% of the units affordable to moderate income households Maximum w/o Density Bonus = 100 units 10% Density Bonus = 10 units Maximum w/ Density Bonus = 110 units Moderate Income Units (20%) = 20 units "Concession or Incentive" means: ./ A reduction in site development standards or architectural design requirements including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required; or September 1, 2004 Page 2 015 City Council Meeting Minutes .¡ Approval of mixed use zoning in conjunction with the housing project if the commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area, including the City's General Plan, where the proposed housing project will be located; or ./ Other regulatory incentives or concessions proposed by the Applicant or the City, which result in identifiable and actual cost reductions. "Incentives or Concessions of Equivalent Financial Value" means: ./ A regulatory incentive approved by the City Council based on the land cost per dwelling unit of development. Regulatory Concessions or Incentives examples: ./ Increased lot coverage ./ Increased height limits ./ Reduced setbacks ./ Reduced off-street parking ./ Modified street widths and/or other street standards ./ New development standards for new product types ./ Reduced minimum site size or lot size ./ Reduced private and/or public open space ./ Transfer of affordable units to other Planning Area Financial Incentives examples: ./ Waived, reduced, or deferred planning fees, building fees, parkland fees, and/or development impact fees ./ Direct financial aid to the developer Current Process: An application for a Density Bonus and/or Concession or Incentive pursuant to this Chapter shall be processed concurrently with any other permit application(s) required for the Housing Development. Final approval or disapproval of an application shall be made by the City Council and ./ In the case of Housing Developments within Redevelopment Project Areas, also by the Tustin Community Redevelopment Agency ("Agency"); ./ Upon recommendation of the Planning Commission for those Housing Developments which require Planning Commission entitlements No approval shall be effective until the City or Agency (as applicable) and Applicant have executed a Housing Incentive Agreement. Within sixty (60) days of receipt of the preliminary application, the City shall provide the Applicant with a letter, which identifies project issues of concern and the proposed Concession, or Incentive that the Director would recommend to the Planning Commission and City Council and the procedures for compliance with this Chapter. City Council Meeting Minutes September 1, 2004 Page 3 015 Standard Development Requirements: Target Units would need to be constructed concurrently with Non- Restricted Units unless agreed upon by both the City and the Applicant. Target Units will remain affordable to the designated group for a period of thirty (30) years, or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. If the units are located within a redevelopment area or proposed redevelopment area or if the City or Tustin Community Redevelopment Agency has decided that the applicant will receive direct financial aid, the units shall remain affordable for a period of forty-five (45) years for for-sale units and fifty-five (55) years for rental units. The design and appearance of the Target Units would need to be consistent with the design of the total Housing Development. A Housing Incentive Agreement would need to be entered into between the Applicant and City and/or the Redevelopment Agency to memorialize the Applicant's commitment to provide Target Units. COUNCIL DISCUSSION Councilmember Hagen indicated that she would be willing to consider reduced off-street parking, setbacks and street widths, and public open space. Councilmember Thomas asked what, if any concessions developers have asked for. City Attorney Jeffrey responded that recently no one has requested a regulatory concession, only financial incentives. Mayor Pro Tem Bone indicated opposition to reduced parking and setbacks. Councilmember Davert expressed concern over building apartments at Tustin Legacy and believes the City should be conservative with concessions granted. Councilmember Hagen agreed with Davert and opined that credits may be given for open space areas no smaller than one (1) acre. Councilmember Thomas asked that parameters be as broad as possible and financial incentives considered. Mayor Kawashima is opposed to reductions in off-street parking and open space, but is otherwise open to discussion on other concessions. Councilmember Davert indicated that credits should be used for parks that serve the general public. City Council Meeting Minutes September 1, 2004 Page 4 01 5 PUBLIC INPUT Marsha Santry, Lennar Villages at Columbus, discussed request for credit for park and asked that Council look at the number of residents served in considering credit. Bill Hammerle asked Council not to close out too many options and to review economically sound incentives that are beneficial to all; indicated that the Specific Plan was developed in the mid 1990's, but times have changed; and suggested that affordable units be moved from one planning area to another to meet the affordability gap. Karen Gulley, Lennar Homes, indicated that Housing Element should be foundation for the Density Bonus request. Tom Sukai, affordable housing expert, discussed the "affordability gap" and associated issues. William R. Devine, attorney for Lennar Homes, stated that purpose of the Density Bonus Law is to ensure that gap is covered. Denise Ashton suggested that density bonus units be clustered and/or target units in various phases to meet requirement. Mark Thomas, Lennar Homes, held that they will deliver 20% affordable housing in a seamless way. COUNCIL DISCUSSION Council discussion ensued and consensus reached that applications would be reviewed on an individual basis due to the circumstances surrounding each development project. Council noted a willingness to consider the various regulatory concessions including: increased height limits, reduced off-street parking if driveway/garage space is considered, and transfer of affordable units to other Planning Area, but no compromise on reduced setbacks, modified street widths and/or other street standards, reduced private/public open space, or clustering of affordable units; and a desire to consider the request as part of the overall development proposal. ADJOURNMENT - 10:26 a.m. - The next regular meeting of the City Council was scheduled for Tuesday, September 7,2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. City Council Meeting Minutes September 1, 2004 Page 5 015 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA SEPTEMBER 7, 2004 Agenda Item 2 Reviewed: V11L City Manager Finance Director ~ CALL TO ORDER 5:34p.m. ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Tracy Worley Hagen, Doug Davert and Jeffery M. Thomas None Chief Deputy City Clerk Maria Huizar William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None REGULAR BUSINESS 1. INTERVIEWS AND APPOINTMENTS OF PLANNING COMMISSION, AUDIT COMMITTEE, AND CULTURAL RESOURCES ADVISORY COMMITTEE MEMBERS Cultural Resources Advisorv Committee It was moved by Councilmember Davert, seconded by Council member Hagen, to move by acclamation the appointment of Carol Tink-Fox and Linda Jennings to a 4-year term and John F. Radice and M. Brian Sjoberg to a 1-year term. Plannina Commission The following applicants were interviewed for consideration of the Planning Commission vacancy: Michael A. Fischer, Peter Holzer, James Lee, Henry R. Nuñez, David Todd Schmieder, John E. Stratman, Jr., Jeff R. Thompson, and Joseph Gehley. Ballots were cast by Council to fill a term to expire on March 1, 2005: Bone: Lee Davert: Lee Hagen: Lee Kawashima: Nuñez Thomas: Thompson City Council Special Meeting Minutes September 7, 2004 Page 1012 Chief Deputy City Clerk Maria Huizar reported that James Lee was appointed by majority vote. Audit Committee Jena Saldaña was interviewed for the Audit Committee vacancy. Council requested continuation of the matter to the 1 5t meeting in October to interview additional candidates. Said interview(s) will be added to the Regular Business section of the Council Meeting Agenda. ADJOURNMENT - 6:07 p.m. The next regular meeting of the City Council was scheduled for September 20, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TONY KAWASHIMA, Mayor PAMELA STOKER, City Clerk City Council Special Meeting Minutes September 7, 2004 Page 2 012 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA Agenda Item 2 Reviewed: ~ City Manager Finance Director ~ SEPTEMBER 7,2004 CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE - Councilmember Hagen INVOCATION - Mayor Pro Tem Bone ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Tracy Worley Hagen, Doug Davert and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PROCLAMATION - Jerry Amante for invaluable service on the Planning Commission FIRST PUBLIC INPUT - Jeffrey Immediato, Thunder Dome representative, indicated an interest in purchasing a hanger at the MCAS Tustin base. City Manager Huston advised him that the City would be soliciting proposals for reuse of the hangar in the Fall and he was welcome to participate in that process. CONSENT CALENDAR It was moved by Mayor Pro Tem Bone, seconded by Council member Hagen, to approve Consent Calendar items 1 through 11 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES -REGULAR MEETING OF AUGUST 16, 2004 Motion: Approve the Regular City Council Meeting Minutes of August 16, 2004. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amount of $368,082.16, $49,652.58, $991,179.85, $3,907.09; and $1,110,522.73; reversal in the amount of $570.53; and ratify payroll in the amount of $503,161.91 and $505,352.17. City Council Meeting Minutes September 7, 2004 Page 1 015 3. PLANNING COMMISSION ACTION AGENDA - AUGUST 23, 2004 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of August 23, 2004. 4. PUBLIC HEALTH GOALS (PHGs) 2001-2003 REPORT Provisions of the California Health and Safety Code specify that large water utility system operators prepare a special report and conduct a public hearing to give water system customers information on levels of contaminants in the drinking water. Motion: Set a public hearing for 7:00 p.m. on Monday October 4, 2004 to accept and respond to public comments on the 2001-2003 Public Health Goals Report. 5. RELEASE OF BONDS FOR PARCEL MAP NO. 2000-219 (12575 & 12569 NEWPORT AVENUE, SHEPHERD DENTAL BUILDING) Motion: It is recommended that the City Council release the following bonds in the indicated amounts: Faithful Performance Bond No. 58899763 Labor and Material Bond No. 58599763 Subdivision Warranty Bond No. 58599764 Monumentation Bond No. 58599765 $21,000.00 $10,500.00 $2,100.00 $2,500.00 6. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE WALNUT AVENUE REHABILITATION BETWEEN RED HILL AVENUE AND BROWNING AVENUE (CIP NO. 7178) Motion: Adopt resolution. RESOLUTION NO. 04-64 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Walnut Avenue Rehabilitation between Red Hill Avenue and Browning Avenue (CIP No. 7178) and authorizing advertisement for bids 7. SUBMITTAL OF CITY OF TUSTIN APPLICATION FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM, FISCAL YEARS 2005-2006 AND 2006-2007 City Council Meeting Minutes September 7,2004 Page 2015 8. 9. 10. 11. Motion: Adopt resolution. RESOLUTION NO. 04-78 - A resolution of the City Council of the City of Tustin, California authorizing application for funds from the Transportation Enhancement Activity (TEA) program under the 1998 Transportation Equity Act for the 21st Century for the Edinger Avenue Beautification Project between east of Red Hill Avenue and West of Jamboree Road, Fiscal Year 2006-2007 APPROVAL OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL DBE GOAL OF 9% FOR FEDERAL FISCAL YEAR 2004/2005 Motion: Adopt resolution. RESOLUTION NO. 04-79 - A resolution of the City Council of the City of Tustin, California, approving the Disadvantaged Business Enterprise (DBE) Program and overall annual goal of 9% for federal fiscal year 2004/2005, for adoption and submission to the California Department of Transportation (Caltrans) CONTINUATION OF ITEM - CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF THE MARINE CORPS AIR STATION - TUSTIN AS REVISED BY FINAL SUPPLEMENT #1 AND APPROVAL OF THE PROJECT ENTITLED EXTENSION OF TUSTIN RANCH ROAD BETWEEN WALNUT AVENUE AND THE FUTURE ALIGNMENT OF VALENCIA NORTH LOOP ROAD (THE "PROJECT") (CIP NO. 7100) Motion: Continue consideration of agenda item to November 15, 2004. AWARD OF CONTRACT FOR THE HEATING, VENTILATING, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR PROGRAM Motion: Award of contract for the Heating, Ventilating, Refrigeration and Air Conditioning Systems Maintenance and Repair Contract to Barr Engineering, Inc. for a period beginning September 1, 2004 through June 30, 2005 in the amount of $1,163.50 per month, with the option of three one-year extensions and adjustments based upon future Consumer Price Index (CPI); and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. IMPLEMENTATION OF REQUIREMENTS PURSUANT TO AB 205 AND SECTION 297.5 OF THE CALIFORNIA FAMILY CODE - DOMESTIC City Council Meeting Minutes September 7,2004 Page 3 015 PARTNER POLICY EFFECTIVE JANUARY 1, 2005 Motion: Adopt Domestic Partner Policy effective January 1, 2005 and enable enrollment for and provision of benefit coverage for domestic partners of employees during the upcoming open enrollment period beginning September 15,2004. REGULAR BUSINESS 12. RESOLUTION IN SUPPORT OF PROPOSITION 1A Motion: It was moved by Council member Thomas, seconded by Mayor Pro Tem Bone, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 04-80 - A resolution of the City Council of the City of Tustin, California, supporting Proposition 1A 13. COMMUNITY SUPPORT REQUEST - AMERICAN LEGION VETERANS DAY PARADE The Tustin Veterans Day Parade Committee and the American Legion Post 227 are requesting a waiver of fees for the Veterans Day Parade scheduled for November 14, 2004. Bob Margulies, Commander of American Legion Post 227 requested City support on upcoming Veterans Day Parade; indicated that Parade Committee would be reviewing alternative venues and activities for the following year. Council discussion ensued and established that surrounding cities should hold event and/or assist since it is a regional event. Motion: It was moved by Councilmember Thomas, seconded by Mayor Pro Tem Bone, to approve waiver of fees for the Veterans Day Parade. Motion carried 5-0. SECOND PUBLIC INPUT - Tom Saltarelli fonnner Mayor of Tustin dropped in to say hello. OTHER BUSINESS / COMMITTEE REPORTS Mayor Pro Tem Bone: . Requested that Police Chief Foster describe new MDC Wireless Crossover System which streamlines 911 emergency calls dialed with cellular phones; . Announced that Assemblymember Todd Spitzer would be holding a Town Hall meeting on September 23rd from 6:00p.m. to 8:00p.m. in the Community Center; and . Enderle Center's 6th Annual Car Show raised $15,000 for the Boys & Girls Club. City Council Meeting Minutes September 7, 2004 Page 4015 Mayor Kawashima: . Thanked Jerry Amante for service on the Planning Commission; . Congratulated Matthew Aaron Oberlin on his Eagle Scout award ceremony; and . Attended the Annual Senior Picnic, which was very enjoyable. ADJOURNMENT - 7:27 p.m. - The next regular meeting of the City Council was scheduled for Monday, September 20, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin. TONY KAWASHIMA, Mayor PAMELA STOKER, City Clerk City Council Meeting Minutes September 7, 2004 Page5015