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HomeMy WebLinkAbout02 MINUTES SP MTG 11-15-04 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 1, 2004 Agenda Item 2 Reviewed: ~ City Manager Finance Director ~ CALL TO ORDER - 4:30 P.M. ATTENDANCE Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: WORKSHOP TUSTIN LEGACY - A progress report on the Master Developer Planning and Negotiation Process, including a Presentation on the refined Master Development Plan A. Staff Report / Presentation by Master Developer by Assistant City Manager Christine Shingleton City Manager Huston noted a year ago, the City retained Tustin legacy Partners for the Master Developer footprint. In February a workshop was held to refine the plan within context of adopted Specific Plan. Matters such as public open space, water treatment, water runoff, transportation, etc., also Council authorized retention of internationally renowned, Chicago based architect and urban planner Phil Enquist, with the firm of Skidmore, Owings & Merrill who has developed a close working relationship with City staff, Tustin Legacy Partners, and consultants. City Manager Huston acknowledged all the staff who has worked hard to meet deadlines. Assistant City Manager Christine Shingleton noted that the City entered into an Exclusive Negotiation Agreement in November, 2003, then followed a 5 step process; first was development of a Preliminary Plan presented in February of 2004, second was a refinement of Master Development Plan which provides for development of a Preliminary Business Plan, and finally a term sheet and a Development Disposition Agreement is negotiated. In February Council took action on Preliminary Plan, and besides elimination of golf course, Council also authorized staff to look at transferring 280 excess dwelling units from Tustin Field I and II (the Laing projects) into the Master Developer footprint. Also discussed location of elementary school, relocating a portion of commercial services, and City Council Special Meeting Minutes November 1, 2004 Page 1 of7 the transfer of 150 dwelling units from Community Core to area south of Warner Avenue. City Council indicated a desire for more open space than indicated on the Preliminary Plans and in July directed staff to integrate a revised open space plan into the refined Master Development Plan thereby increasing open space from 122 acres to 170 acres. The purpose of workshop is to obtain general consensus by the Council, begin to define value of property, set goals and objectives of City and developer and begin structuring real estate transactions. Assistant City Manager Shingleton thanked staff involved in brining project to this point. Susan Lindquist, Tustin Legacy Community Partners, discussed refinement of Master Development Plan to meet mutual goals and the City's objectives. The refined framework plan builds on goals set in February and complies with direction from Council and Phil Lindquist. In the next 3 to 6 months would be testing plan against environmental regulations, infrastructure phasing, grading and drainage and fiscal balance and value. Joseph Smart, NBH Architects, presented outline of 6 guiding principles, and update on plans for Tustin Legacy. 1. Linear Park - a Tustin Landmark, project's identity and plans' dominant organizing element. 2. Connectivity - all roads lead to park, all districts lead to park. 3. The Grid Pattern - a primary organizing street element emphasizing pedestrian-friendly walkable blocks. 4. Community Core- a vibrant mixed-use district with a variety of land uses that will be market responsive. 5. Open Community Plan - no gates, minimal barriers, community amenities accessible to all of Tustin. 6. No Change in specific plan/EIR capacity limits. Community Framework Plans 0 Circulation - backbone of project. Open Space - 170 aCre open space centered with Community Park, but linked with other parks. 0 0 Districts - 11 distinct districts combined with architecture style, mixed use area. Need to readjust planning areas. 0 Master Development Plan City Council Special Meeting Minutes November 1, 2004 Page20f7 Original Specific Plan called for 169.3 acres of open space within the Master Development footprint which included a 159 acre golf course; the Master Development Plan proposes 170 acres. The Specific Plan permitted 1,825 dwelling units within the Master Developer footprint; 2,105 units with the transfer of units from the John Laing Homes site are proposed in the Master Development Plan. Non-residential square footages remains the same in the Specific plan and the Master Development plan, allowing 7.7 million square feet. Linear Park will focus on amenities that are important to families. There will be a series of focal parks throughout the residential district. Transit district includes higher concentration of residents and live/work units. Garden district will contain variety of single family homes, and multi-family courtyard housing. The Neighborhood Park, Linear Park and elementary school combined together create 40 acres of open space vital to residential districts. Within the neighborhood core are assembled shops, restaurants, neighborhood-serving retail, and garden office space to create local gathering spots for residential community. Retail areas will be accessible by pedestrians and bicyclists. Tustin Ranch Road will be elevated to pass over Linear Park, providing uninterrupted connection from residential to Community Park. Within the park will be a major water feature where trails will link to ball fields, aquatic and tennis facilities. Open space, central location, and a vibrant mixed-use core will attract large corporate businesses. Nature trails and walks will connect one end of the area to the other. Community Core will be the heart of Tustin Legacy with a mix of upscale retail shops, restaurants, entertainment and the potential for 2 hotels, offices and housing. Assistant City Manager Shingleton read a synopsis of Phil Enquist's comments. Community Park is a large continuous open space distinguishing Tustin Legacy and utilized by all residents in City. Community Core is strong focal point to community with a mix of housing, retail and offices. Each neighborhood is adjacent to the park. Road system is clear and easy to understand. The community will be seen as pedestrian friendly, one of only a few pedestrian communities in all of Orange County. Mr. Enquist strongly endorses the plan. B. Council Questions Councilmember Hagen asked about width of walking and biking paths. Susan Lindquist responded it was between 5-10 feet although final design was not complete. Linear Park was approximately 2 miles in length. Hagen commented the water feature path around the lake was a great attribute. Ms. Lindquist noted a possible exception to design would be limited pedestrian access if it became necessary to create mitigation areas. City Council Special Meeting Minutes November 1,2004 Page 3 of 7 Council member Davert commented about police patrolling of the park area and the opportunity for joint use of facilities with the Tustin Unified School District. Mayor Kawashima asked what percentage of the park would be open space. Susan Lindquist responded it was 25% however not all was defined as City Park area; some may not meet definition of a park, but is actually enhanced right-of- way open space, or enhanced edge treatment around residential neighborhoods. Shingleton added that the Master Developer footprint included 170 acres of open space and an additional 125 acres outside that footprint to be developed by the City or other entities. In addition there are 345 acres of public benefit conveyance uses, including local schools, transfers to South Orange County Community College District, and Rancho Santiago Community College District. In total, there will be over 630 acres of either open space or public uses at Tustin Legacy out of the 1,584 acres of surplus property. Also noted that business parameters would include phasing of capital improvements that would be influenced by heavy public uses on the project. Council member Bone inquired whether economics would support 2 hotels in that area. Ms. Lindquist stated it would depend on multi-generational plan and the market at the time. Bone expressed his disappointment that a golf course was not incorporated as there are no golf course with hotels in Orange County. Councilmember Thomas stated that the collaboration between Council, staff, and developers was outstanding. The Master Plan will created a national monument of MCAS Tustin and a unique area to visit. He applauded the hard efforts of everyone involved. Mayor Kawashima inquired about Linear Park width. Susan Lindquist said minimum width was 400 feet wide. Original plan had included more hardscape but was changed to a wider and more naturalized look. Mayor Kawashima also asked how retail site would compliment the Vestar development site. Ms. Lindquist responded their site would be built at different time to respond to a different market, be developed in more intimate scale and would reflect a more day-in day-out and nighttime retail convenience. Councilmember Hagen asked what the phases of the park were going to be. Susan indicated infrastructure development as well as cost was being analyzed. Technical analysis was being considered to achieve a balance. Water system plan would be very pro-active and conscientious on water quality and would be designed as such. Council member Hagen remarked on the absence of gates in the planned community and asked staff if the condition would be included in Specific Plan. Assistant City Manager Shingleton said it could be added as part of Specific Plan amendment, or other deed or covenant restrictions on property. Hagen also asked if the arches would be lit every evening. Ms. Lindquist responded that approvals were needed by FAA and Airport Land Use Commission. City Council Speciai Meeting Minutes November 1,2004 Page 4 of 7 Mayor Kawashima agreed with the no-gate policy and suggested it be put in writing so future council would not be able to change concept. Mayor Pro Tem Bone asked legal counsel if property owners could later change the policy on no-gates. City Attorney Jeffrey stated it would be very difficult to change the policy on a public street and said either the Specific Plan or CCR's could impose a requirement to restrict gates. Councilmember Thomas asked whether gates should be considered for high-end homes, suggested not to eliminate the possibility completely, but instead allow Council the discretion to chose on a case by case basis. Councilmember Davert noted the Plan depended on connectivity, pedestrian orientation and access, and the ability to move freely within the entire project. He requested a policy be set to exclude gated communities in Tustin Legacy. C. Public Comments Brett Floyd, Planning Commissioner agreed with council and requested that no gates be included in the new community. Ann Albertson, Tustin Unified School District Board president, asked where the border was for Irvine Unified School District. Also inquired about the recreation center that is adjacent to elementary school. Shingleton said it was an anticipated community recreational facility for residents and proposed to be operated by homeowners association. Ms. Albertson suggested a buffer to the transit area for the elementary school. Shingleton responded the transit village on the plan was proposed residential development and the actual transit station was across Edinger Avenue. The road on West side of the elementary school was a secondary arterial road with much traffic and noise and a landscape buffer was proposed there.. The goal was to provide an additional buffer to areas that are more sensitive to noise such as residential neighborhoods and public schools. Francine Scinto expressed her appreciation to Council for approving modifications made with the community park including potential aquatics and tennis facilities next to the high school site. Assistant City Manager Shingleton noted for the record that the general proposed location of the elementary school was not moved since the City Council review of the Preliminary Framework Plan on February 17, 2004. At that time, the City and developer had discussed with and received consensus from the Tustin Unified School District staff on the location of the elementary school site. D. Recommendation: By Motions take action to: City Council Speciai Meeting Minutes November 1, 2004 Page 5 of 7 Concur with the refined Master Development Plan including the Circulation, Open Space, and Land Use Plans which incorporates input and previous direction from the City Council for purposes of the Developer's completion of Phase II and III of the Master Developer Planning and Negotiation Process as identified in Exhibit A and I of the Exclusive Negotiation Agreement, as amended, including concurrence to the following features and implementation recommendations: 1. 2. 3. (a.) Reconfirm February 17, 2004 direction to eliminate the golf course and replace with community benefiting open space, subject to preparation of any necessary Specific Plan Amendments. Reconfirm February 17, 2004 location of the elementary school in Neighborhood G central to the neighborhood as an educational and recreational focus within the neighborhood. Reconfirm the transfer of a portion of village commercial services uses from Neighborhood B to Neighborhood G. Increase Open Space from 122 acres as originally shown in February 17, 2004 Preliminary Master Development Plan to 170 acres. (b.) (c.) (d.) Direct City Staff and the Master Developer to prepare Specific Plan amendments as follows: . Readjust the boundaries of the Neighborhood D (Planning Area 8), the Community Core, to accommodate uses and square footages as originally anticipated by the Specific Plan due to the introduction of additional open space, and to activate and maximize the potential attraction of a core central area of the Master Development to mixed uses. Accommodate the 280 units to be transferred to Neighborhood D based on the density classification of the Planning Areas from which the units are being transferred (212 units will be designated Medium-High Density Residential at density range of 16-25 d.u.'s/acre and 68 units will be classified Low Density at a density range of 0-7 d.u.'s/acre). Prepare development standards for vertical and horizontal mixed use) standards as may be necessary Development Plan. . . mixed-use land uses (both and other new or revised to implement the Master Direct city staff to add provisions in form of DDA deed restrictions, CCR requirements, and/or Specific Plan amendments to preclude gating in residential neighborhoods based on review and feedback from the City Attorney. It was moved by Council member Hagen, seconded by Councilmember Thomas, to approve Items 1 through 3 as recommended by staff. Motion carried 5-0. City Council Special Meeting Minutes November 1, 2004 Page 6 of 7 Assistant City Manager Shingleton summarized the subsequent steps in Exclusive Negotiation Agreement schedule. The developer would be submitting a preliminary business plan before end of year as well as preliminary design guidelines, The City would then proceed to frame a business transaction in form of a Term Sheet by April 1. A Disposition Development Agreement would follow in early August with Specific Plan amendments to proceed concurrently, SECOND PUBLIC INPUT - Peter Gorman of the Tustin Unified School District stated that the school district did not approve moving the elementary school location to Neighborhood G, ADJOURNMENT-5:33 P.M. - Regular Meeting of the City Council was scheduled for Monday, November 1, 2004, at 7:00 p.m. at the Clifton C. Miller, Community Room, 300 Centennial Way, Tustin. TONY KAWASHIMA, Mayor PAMELA STOKER, City Clerk City Council Special Meeting Minutes November 1, 2004 Page 7 of 7 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA Agenda Item - - Reviewed: City Manager Finance Director ~ NOVEMBER 1, 2004 CALL TO ORDER - 7:00 P.M. ROLL CALL Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PLEDGE OF ALLEGIANCE - Council member Thomas INVOCATION - Mayor Pro Tem Bone PRESENTATIONS Parks and Recreation Commissioner, Ginny Hovland presented a plaque by the National Recreation and Park Association for Pioneer Road Park Design FIRST PUBLIC INPUT - None CONSENT CALENDAR - It was moved by Councilmember Hagen, seconded by Councilmember Davert, to approve Consent Calendar items 1 through 11 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 18, 2004 Motion: Approve the Regular City Council Meeting Minutes of October 18, 2004. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $311,185,90; $797,858.02; and $301.28 and ratify payroll in the amount of $520,608.11 3. 2003-04 GENERAL PLAN ANNUAL REPORT City Council Meeting Minutes November 1, 2004 Page 1 of 5 4. 5. 6. 7. 8. Motion: Adopt resolution, RESOLUTION NO. 04-89 - A resolution of the City Council of the City of Tustin, California, approving the City of Tustin 2003-04 General Plan Annual Report RELEASE OF MONUMENTATION SURETY FOR PARCEL MAP NO. 2003-169 (15151 WOODLAWN AVENUE) Motion: Release the following monumentation surety in the indicated amount: Cash Deposit Account No. 50-000-2604-9000 $2,500.00 AWARD OF CONTRACT FOR CONSTRUCTION OF THE WALNUT AVENUE REHABILITATION BETWEEN RED HILL AVENUE AND BROWNING AVENUE (CIP NO. 7178) Motion: Award the construction contract for the Walnut Avenue Rehabilitation between Red Hill Avenue and Browning Avenue (CIP No. 7178) to All American Asphalt of Corona, California, the lowest responsible bidder, in the amount of $483,483.00 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. SETTING A PUBLIC HEARING FOR THE URBAN WATER MANAGEMENT PLAN Motion: Set a public hearing for 7:00 p.m, on Monday, December 6, 2004 to accept, adopt, and respond to the public comments on the 2000 Urban Water Management Plan. DECLARATION OF SURPLUS EQUIPMENT Motion: Declare the equipment detailed in the attached report as surplus and not required for public use in accordance with the Tustin City Code Section 1626 and authorize the Public Works Department to sell the equipment at public auction. CONSULTANT SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES ON THE PHASE 1 TUSTIN LEGACY BACKBONE INFRASTRUCTURE PROJECT (VALENCIA NORTH LOOP ROAD, ARMSTRONG AVENUE, LANSDOWNE ROAD, SEVERYNS ROAD, AND WEST CONNECTOR ROAD) (CIP NO. 7139) Motion: Approve a Consultant Services Agreement with the finm of Washington Group International Inc. to provide construction management services on the Phase November 1, 2004 Page 2 of 5 City Council Meeting Minutes 1 Tustin Legacy Backbone Infrastructure Project (Valencia North Loop Road, Armstrong Avenue, Lansdowne Road, Severyns Road, and West Connector Road) (CIP No. 7139) in the not to exceed amount of $2,055,967.00 and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 9. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES AND CONSTRUCTION DOCUMENTS FOR CITRUS RANCH PARK, PROJECT NO. 2046 Motion: 9.a. Execute a Consultant Services Agreement with the firm of RJM Design Group, Inc. for the Citrus Ranch Park project in an amount not to exceed $328,515.00. 9.b. Approve a supplemental appropriation of $250,000 from the 2004/05 Fiscal Year Park Development Fund into the Capital Improvement Program for Project No. 2016 for Final Design 10. ANIMAL CARE SERVICES AGREEMENT FOR FISCAL YEAR 2004-2005 Motion: Authorize the Mayor to sign the Animal Care Services agreement for Fiscal Year 2004-2005 in the amount of $130,767.00 11. PLANNING ACTION AGENDA - OCTOBER 25, 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 October 25, 2004. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Council member Davert: Spoke about the Workshop on the development of Tustin Legacy, it was a terrific presentation by staff and master developer and wanted to thank all of those involved; Requested to place on a future agenda the replacement of Ginny Hovland for Parks and Recreation commissioner; Participated as an observer in the Tustin Police Department's Operation Crime Impact last Friday, up to 20 arrests were made during the crime sweep; Wished all the best to Tustin High School Model United Nations team who was currently competing in Paris; and City Council Meeting Minutes November 1, 2004 Page 3 of 5 Encouraged everyone to attend the Dino Dash fund raiser on Sunday. Council member Thomas: City had no reported problems during the recent storm; Asked for vote on Municipal Water District of Orange County; and Asked everyone to vote in the General Election on Tuesday, November 2nd. Councilmember Hagen: Attended firefighter memorial dedication at Orange County Fire Authority headquarters, an eternal flame was lit during the ceremony; Transportation Corridor Agency CEO Wally Kreutzen retired on November 1, 2004; would continue her efforts to maintain low toll fees; and Good luck to council who were candidates in local election and wished them success. Mayor Pro Tem Bone: Mr. and Mrs. Gonzalez were the first family to move into Tustin Legacy; CompUSA opened their store at the Tustin Marketplace as shoppers waited in line to go inside; Best Buy would be opening at the end of the week at Tustin Marketplace; Thanked Pat Sanchez, Director of Parks and Recreation Services and staff for a great Halloween event; and Announced the Veteran's Day event would be on November 14th at 1 :OOp.m. in Old Town Tustin. Mayor Kawashima: Reminded everyone Tuesday was Election Day; Best Buy would be opening on Friday, November 5th; Annual Dinosaur Dash would take place Sunday, November 7th; and Was invited by the California State Student Association to speak on November 12th. the group is comprised of all the Associated Student Body Presidents from the California State Universities. CLOSED SESSION ITEM Motion: 1. There is a need to take immediate action and the need to take action arose subsequent to the posting of the Agenda, (Requires a 2/3 vote). Motion by Council member Davert, seconded by Mayor Pro Tem Bone. Motion carried 5-0. 2. That the following item be added to the Closed Session Agenda. The City Council shall convene in Closed Session with its real property negotiator, Christine Shingleton, regarding Parcel Nos. 10, 11, and 12 at MCAS- Tustin, which is a real estate transaction with Vestar. The instruction to the negotiator will concern price and terms of payment. City Council Meeting Minutes November 1, 2004 Page 4 of 5 RECESSED TO THE REDEVELOPMENT AGENCY IMMEDIATELY TO CLOSED SESSION - 7:20 P.M. MEETING FOLLOWED A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 A.1. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Police Support Service Association (TPSSA) A.2. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Police Officers Association (TPOA) A.3. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Police Management Association (TPMA) AA. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Municipal Employees Association (TMEA) B, CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property is Reuse Plan Disposal Parcels 10, 11, and 12; portion of Parcell-D-4, Tustin Legacy City Neqotiators: Christine Shingleton, Assistant City Manager Neqotiatorfor Vestar Development II. LLC: Richard Kuhle Under Neqotiation: Price and Terms of Payment ADJOURNMENT - 7:24 P.M. - The next regular meeting of the City Council was scheduled for Monday, November 15, 2004, at 7:00 p.m. in the Clifton C. Miller Community Room at 300 Centennial Way, Tustin. TONY KAWASHIMA, Mayor PAMELA STOKER, City Clerk City Council Meeting Minutes November 1,2004 Page 5 of 5