HomeMy WebLinkAbout05 CC Action Agenda
Report to the
Planning Commission
DATE:
MARCH 27, 2007
CITY COUNCIL ACTION AGENDA
MARCH 20, 2007
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
ATTACHMENT: CITY COUNCIL ACTION AGENDA
MARCH 20, 2007
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ACTION AGENDA
OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
MARCH 20, 2007
CALL TO ORDER - 4:32 P.M.
ATTENDANCE
Present:
Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers
Doug Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker, City Clerk
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
1. WORKSHOP - COMMUNITY SUPPORT/FUNDING
Presentation by Patrick Sanchez, Director of Parks and Recreation
. Purpose of the Community Workshop on Developing and Sustaining Community
Funding
. Intent to support community organizations
. Review existing practice of providing community support funding
. Identify philosophy and values that enhance and strengthen community
organizations.
. Direct a new strategic approach to assist human and community service
organizations.
. Reference chart on past community support charitable giving. (Financial History)
. Identify Community Objectives that warrant new approaches to community
funding
. Share values that articulate goals and guiding principles.
. Suggested policy and approach
. The role of the Tustin Community Foundation
Council discussion ensued.
Mayor Pro Tem Amante requested that City phase out philanthropic activities and
provide the Tustin Community Foundation (Foundation) with support needed to
carry-on responsibility.
City Council Special Meeting
Action Agenda
March 20, 2007
Page 1 of 3
Would like to have strategic notion that will provide opportunity to focus on success
of all non-profits and allow them to apply for multi-year funding, with assistance and
support of the City. City would provide assistance with COBG funding evaluations
and have the Foundation adopt the same scrutiny to applications. Tax dollars
should not be used for philanthropic activities. Phase out over period of years and
have Foundation manage those programs. Public/private partnership developed
between City and Foundation. Would like to have sponsorship money leveraged
through the Foundation.
Oavert, need policy for non-profits and direct staff to... private organizations have
ability to obtain matching funds that will result in more fair process and empower
Foundation; bolster Foundation because COBG may not be available in the future.
Amante, Foundation to assist with evaluation of CDBG applications since there are
Federal guidelines required.
Palmer, policy proposed would increase capacity for programs; leverage resources;
bridge gaps; provide financial accountability/sustainability, provide multi-year
funding; and have measurable outcomes.
Kawashima, would like to have dual programs with City and continue to support
some safety programs, like Grad Nite.
Bone agreed that City should not function as a philanthropy and supports approach
proposed.
Amante, City should only be there for critical programs that are not receiving support
elsewhere.
Davert, City should not have 2-tier program and fund some programs, not City's
responsibility
It was requested that staff develop an enabling legislation/policy and quantify
the sum given and fund 100% coming year and following year 50% and enter
an MOU to work jointly on CSOG evaluations and hope to match federal
contribution and make commitment to have City continue to be a partner and
specifically the elected officials continue to be involved. MOU should have
principles that guide them and allow for measurability, sustainable, multi-year,
and
Oavert would like to have another workshop to have more dialogue with the
public and staff to return to Council with strategic plan / framework for
accomplishing goals
Budget review process to begin shortly and would like to have staff return with a
framework on how to accomplish goals discussed
City Council Special Meeting
Action Agenda
March 20, 2007
Page 2 of 3
Palmer, requested that process be transparent, require Foundation to do bi-annual
presentations to Council, and have a safety net for emergency programs.
Public Speakers:
Christine Smith, requested that Foundation make financial reports available to the
public and review 501c3 designation; suggested that programs be divided into safety
programs and actual service providers.
Goldie Nanne, requested continued support for veteran programs.
Mike Jacobs, Kiwanis Club member suggested that all service organizations have
equal opportunity to benefit from sale of products at City sponsored events
Leslie Pontious, former member of the Tustin Public Foundation was encouraged by
the direction the City is going and wished all well.
Bob Machado, how will CDBG funding be divorced by the process would like to have
some accountability standards established
Cherill Cady, spoke on behalf of the Miss Tustin Program and other small non-profit
organizations that already receive funding from corporations throughout City and felt
that she will not be able to compete.
SECOND PUBLIC INPUT - None
ADJOURNED - 5:30 P.M.
City Council Special Meeting
Action Agenda
March 20, 2007
Page 3 of 3
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
MARCH 20, 2007
CALL TO ORDER - 5:30 P.M.
ATTENDANCE
Present:
Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers
Doug Davert, Tony Kawashima, and Jim Palmer
None
Maria R. Huizar, Chief Deputy City Clerk
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
PUBLIC INPUT - None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to
Government Code Section 54956.9 - ME
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant
to Government Code Section 54956.9 (b) - 2 Cases
C. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF
LITIGATION pursuant to Government Code Section 54956.9 (c) - 2 Cases
RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENE - At 6:57 p.m. City Council reconvened in public session.
PUBLIC MEETING
CALL TO ORDER - 7:01 P.M.
INVOCATION - Fr. John Block, St. Cecilia's Church
City Council Meeting
Action Agenda
March 20. 2007
Page 1 of 15
PLEDGE OF ALLEGIANCE - Councilmember Davert
ROLL CALL
Present:
Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers
Doug Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker
William A. Huston, City Manager and Douglas C. Holland, City
Attorney
Absent:
City Clerk:
Others Present:
CLOSED SESSION REPORT - Nothing to report.
PRESENTATIONS
> Certificate of Recognition presented by Mayor Bone to Jeni McGirr and Sally Campbell
proclaiming April 2007 as Donate Life Month
> Recognition by Mayor Bone to Michael Hearst, Director of Communications of
Orange County Vector Control District for West Nile Virus and Mosquito and Vector
Control Awareness Week
FIRST PUBLIC INPUT - None
PUBLIC HEARINGS
1. TENTATIVE TRACT MAP 17080 AND DESIGN REVIEW 06-011: 14421 TO
14471 RED HILL AVENUE
The project site consists of two parcels currently developed with 57 apartment
units. The project is proposed on a 4-acre site located at the northwest corner
of Walnut Avenue and Red Hill Avenue. The City Council is requested to
approve Tentative Tract Map 17080 for a subdivision of the site and
development of 75 condominium units. On March 13, 2007, the Planning
Commission conducted a public hearing and recommended approval of the
project.
Applicant: Suncal- Red Hill LLC c/o Southwind Realty Group LLC
Staff report presentation by Elizabeth Binsack, Director of Community
Development
Submittals
. The proposed project has undergone several submittal reviews with staff
City Council Meeting
Action Agenda
March 20, 2007
Page 2 of 15
and the proposed plans are a major refinement from the first proposal.
Parking
. Tustin City Code Section 9226a1 U) requires a two (2) covered parking
spaces per unit and one (1) unassigned open guest parking space for every
four (4) units or 19 guest parking spaces. Each unit is designed with a two
car-garage. The project site provides a total of 27 guest parking spaces
including 25 parallel stalls and two standard parking stalls. The guest
parking spaces are evenly dispersed along the main private drive within an
adequate distance to all units.
· On-street parking is also currently available on Red Hill Avenue and Walnut
Avenue. The City is currently conducting a traffic study to restrict parking on
Red Hill Avenue that may be implemented in the future. Condition 4.1 (N) of
Resolution No. 07-32 also includes the restriction provision in the
home buyer notification so that future residents are made aware of on-street
parking
Traffic Analysis
· A traffic study was submitted and reviewed by the City's Engineering
Division (Exhibit 2 of MND analysis). The study concluded that the
proposed project is expected to generate approximately 718 daily trips,
which in comparison with the existing development, would be an increase of
342 daily trips.
· There are improvement projects anticipated to be implemented at Red Hill/
Walnut intersection to maintain acceptable operations for long range future
conditions.
· Based on current City policies, the project is not anticipated to cause any
significant traffic impacts.
. Access to and from the site is provided at Red Hill Avenue which will be
open to both northbound and southbound traffic. At the completion of the
project, the access is shown to maintain acceptable operations. However,
under the build-out (post-year 2020) scenario, the left turn egress from the
Project site would result in significant project impacts. Condition 4.11 of
Planning Commission Resolution 4054 and a mitigation monitoring report
are included to allow the City to reconsider the left turn from the project site
in the future, which notes the left turn may be prohibited if determined
necessary by the City's Traffic Engineer.
Building Height
· The buildings are three stories with an average height of 35 feet that include
4, 5 or 6 attached units.
. In response to concerns from adjacent property owners the applicant
revised the design to include:
1) Wider than required setback of 10 feet from the neighboring properties;
2) Limited window and door opening and no balconies facing onto the
adjacent properties; and
3) End units with a third floor loft and an overall height of 30 feet.
City Council Meeting
Action Agenda
March 20, 2007
Page 3 of 15
Environmental Analysis
. A Mitigated Negative Declaration has been prepared for this project (Exhibit
A of Resolution No. 07-31). The analysis concluded that any potential
impacts can be mitigated to a level of insignificance and mitigation
measures have been included as conditions of approval. The draft
mitigated declaration was available for public review from February 16,
2007 to March 7, 2007.
. Mitigation Measures related to noise, grading, and traffic are included as
conditions of approval.
. OCTA submitted a comment letter. No other comments were received
during the public review period.
The Public Hearing opened at 7:12 p.m.
Jim Magstadt of Sunwind Realty Group addressed the council.
The Public Hearing closed with no other members of the public speaking on
the item.
Motion: It was moved by Council member Davert, seconded by Mayor Pro
Tem Amante, to adopt resolutions. Motion carried 5-0.
RESOLUTION NO. 07-31 - A resolution of the City Council adopting the
Final Mitigated Negative Declaration for Tentative Tract Map 17080 and
Design Review 06-011, a proposal to merge two parcels developed with
57 apartment units into one 4-acre site for development of a new 75-
unit condominium project located at 14421 to 14471 Red Hill Avenue
RESOLUTION NO. 07-32 - A resolution of the City Council of the City
of Tustin approving Tentative Tract 17080 to merge two existing parcels
containing 57 apartment units into one 4-acre parcel for development of
a 75 unit condominium project located at 14421 to 14471 Red Hill
Avenue
2. CODE AMENDMENT 06-005: ORDINANCE NO. 1321: SIGN REGULATIONS
Code Amendment 06-005 consists of proposed amendments to the City's Sign
Code. Most of the proposed amendments pertain to signs in the public right of
way, including real estate open house signs, political signs, and human signs.
Less significant changes include: a revised definitions section, a revised
hearings and appeals section, larger permitted banner signs for some
freeway-facing buildings; and the addition of a permitted sign type - temporary
signs for nonprofit organizations.
On January 2, 2007, the City Council held its first public hearing on Code
Amendment 06-005, continued the consideration of Code Amendment 06-005,
and deferred draft Ordinance No. 1321 to the Planning Commission for further
City Council Meeting
Action Agenda
March 20, 2007
Page 4 of 15
study and amendments. Staff revised the draft ordinance based on Council
direction, and on March 13, 2007, the Planning Commission reconsidered the
proposed ordinance and adopted Resolution No. 4056, recommending that
the City Council adopt Code Amendment No. 06-005 to amend Chapter 4
"Sign Regulations" of Article 9 of the Tustin City Code.
Mayor Pro Tem Amante excused himself from the proceedings due to a
conflict of interest and left the dais at 7:15 p.m.
Staff report presentation by Elizabeth Binsack, Director of Community
Development
. November 13, 2006: Planning Commission held 1st public hearing.
. November 27, 2006: Planning Commission held 2nd public hearing and
recommended approval to City Council.
. January 2, 2007: City Council held public hearing and deferred draft
ordinance to Planning Commission.
. City staff met with Tustin Chamber of Commerce and Pacific West
Realtors Association representatives.
. Proposed ordinance was revised based on City Council direction and
concerns raised.
. March 13, 2007: Planning Commission held 3rd public hearing and
recommended approval of revised ordinance to City Council.
. Ordinance still pertains primarily to real estate open house,
noncommercial, and human signs.
. Proposed "new" open house sign revisions include:
o Definition of "responsible party" revised.
o Distance from intersection is 25 to 300 feet.
o No limitation on total number of signs at cornerlintersection.
o Area of responsible party information reduced to 10 square inches.
o Generic open house signs on all public streets.
o Generic signs can be any color(s) and include an arrow and address.
o No limitation on total number of open house signs per open house.
o Directions to houses in Tustin and Sphere of Influence only.
. Proposed "new" revisions include:
. Political signs no earlier than 45 days prior to election and no later than 5
days after an election.
. Political signs considered abandoned 6 calendar days after election.
. Provisions for political signs and protected speech signs were further
clarified.
. Charts in Sections 9406-9411 updated.
. Administrative citation ordinance facilitating the assessment of penalties
against violators will be forthcoming.
. If ordinance is adopted, staff will conduct public outreach.
. Administrative Citation Ordinance will be forthcoming.
The Public Hearing opened at 7:31 p.m. There were no public speakers and
City Council Meeting
Action Agenda
March 20, 2007
Page 5 of 15
the hearing closed at 7:32 p.m.
Motion: It was moved by Councilmember Davert, seconded by
Councilmember Kawashima, to introduce and have first reading of Ordinance
No. 1321, include the word "identical" before the word "Political" in Section
9403e.13.(e)(1), and set for second reading at the Council's next scheduled
meeting. Motion carried 4-0-1.
ORDINANCE NO. 1321 - An ordinance of the City Council of the City
of Tustin, California, amending Chapter 4 of Article 9 of the Tustin City
Code relating to Sign Regulation
Mayor Pro Tem Amante re-joined the meeting at 7:33 p.m. but did not
participate in consideration of Item #2.
3. CODE AMENDMENT 07-001 - ORDINANCE NO. 1332: PLANNING
COMMISSION/HISTORIC RESOURCE COMMITTEE CONSOLIDATION
Motion: It was moved by Council member Davert, seconded by Councilmember
Palmer, to continue consideration of item to solicit input from stakeholders and
return to the Council in 30-days. Motion carried 5-0.
CONSENT CALENDAR - Councilmember Kawashima abstained on Item #4. It was
moved by Council member Davert, seconded by Mayor Pro Tem Amante, to approve
balance of Consent Calendar items. Motion carried 5-0.
4. APPROVAL OF MINUTES -REGULAR MEETING OF MARCH 6, 2007
Motion: Approve the Regular City Council Meeting Minutes of March 6, 2007.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $1,230,740.88 and $2,847,050.44;
and Payroll in the amount of $655,757.35.
6. PLANNING ACTION AGENDA - MARCH 13,2007
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 March 13,2007.
7. 2006 GENERAL PLAN ANNUAL REPORT
City Council Meeting
Action Agenda
March 20, 2007
Page 6 of 15
The California Government Code requires that the Planning Commission
provide a progress report to the City Council on the status of the City's
General Plan and the progress in its implementation, including the progress in
meeting our share of regional housing needs and efforts to remove
governmental constraints to housing development, maintenance, and
improvement.
Motion: Review and authorize staff to forward this annual report to the State
Office of Planning and Research and the State Department of Housing and
Community Development.
8. DECLARATION OF SURPLUS EQUIPMENT
Motion: Declare the equipment detailed in the report as surplus and not
required for public use, in accordance with the Tustin City Code Section
1626a(2), and authorize the Public Works Department to sell the equipment at
public auction.
9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE LIANE LANE, VALHALLA
DRIVE, AND HIGHVIEW DRIVE WATER MAIN REPLACEMENT PROJECT
(CIP NO. 6154)
Motion:
9.a. Adopt resolution;
RESOLUTION NO. 07-27 - A resolution of the City Council of the City
of Tustin, California, accepting the works of improvement and
authorizing the recordation of the Notice of Completion for the
construction of the Liane Lane, Valhalla Drive, and Highview Drive
Water Main Replacement Project (CIP No. 6154)
9.b. Authorize the recordation of the Notice of Completion, and direct the
City Clerk to:
1. Release the Labor and Materials Bond not sooner than thirty-five
(35) days after the date of recordation of the Notice of Completion;
and
2. Release the Faithful Performance Bond not sooner than one year
after the date of recordation of the Notice of Completion; and
g.c. Assuming no claims or stop payment notices are filed, it is further
recommended that thirty-five (35) days after the date of recordation of
City Council Meeting
Action Agenda
March 20, 2007
Page 7 of 15
the Notice of Completion, the City Council authorize payment of the
final 10% retention in the amount of $51,760.48 to West Valley
Construction Company, Inc. The total final construction contract cost for
the project is $517,604.79
10. AMENDMENT TO JOINT POWERS AUTHORITY AGREEMENT-
INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY
During the initial approval process for the Joint Powers Agreement for the
Integrated Law and Justice Agency of Orange County, City Attorneys for the
various entities requested minor, non-substantive changes to the agreement.
Now that the Agency has been operating for more than a year, it is time to
amend the initial agreement as requested.
Motion:
10.a. Adopt resolution;
RESOLUTION NO. 07-28 - A resolution of the City Council of the City
of Tustin approving an amendment to the Joint Powers Agreement for
the Integrated Law and Justice Agency for Orange County
10.b. Authorized the Mayor to execute the Amended Joint Powers Agreement
(JPA); and
10.c. Authorize the City Manager and Police Chief to execute any related
documents consistent with the implementation of this Agreement and
grant continuing authority to the City Manager to execute anticipated
amendments to the JPA as recommended by the Chief of Police and
approved by the City Attorney and determined to be non-substantive in
nature.
REGULAR BUSINESS
11. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR THE
PREPARATION OF A CITY-WIDE HAZARD ASSESSMENT AND
MITIGATION PLAN
Federal law requires the City to prepare a Hazard Mitigation Plan in order to
remain eligible for federal pre and post-disaster mitigation funds. The approval
of a Consultant Services Agreement with Risk Management Professionals to
provide consulting services for the preparation of a City-Wide Hazard
Assessment and Mitigation Plan will fulfill the City's requirement with regards
to City public facilities.
Staff report presentation by Joe Meyers, Public Works Administrative Services
City Council Meeting
Action Agenda
March 20, 2007
Page 8 of 15
Manager
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to approve the Consultant Services Agreement with Risk
Management Professionals to prepare a City-Wide Hazard Assessment and
Mitigation Plan in the not to exceed amount of $60,510.00 and authorize the
Mayor and City Clerk to execute the Agreement on behalf of the City subject
to approval by the City Attorney. Motion carried 5-0.
12. CITY-WIDE SURVEY
This item has been placed on the agenda at the request of Councilmember
Jim Palmer who wishes to discuss the possibility of developing a City-Wide
Survey.
Mayor Pro Tem Amante - scope of cost too great, would like staff suggestions
on topics to canvass; Councilmember Davert asked what type of information
would be on survey; Mayor Bone indicated council is involved in community by
phone, email, could not support $30,000 survey.
Request that staff return with scope of work and cost proposal on what best
fits needs of city and what influence the survey would have on on-going
operation.
13. ORDINANCE SECOND READING - REGULATION OF PERMANENT
COSMETIC FACILITIES
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem
Amante, to have second reading by title only and adoption of Ordinance No.
1324 (roll call vote). Motion carried 5-0.
ORDINANCE NO. 1324 - An ordinance of the City Council of the City of
Tustin, adding Part 4 to Chapter 1 of Article 4 of the Tustin City Code to
regulate the inspection of permanent cosmetics facilities by the Orange
County Health Department; amending Part 4 of Chapter 1 of Article 3 to
remove the definition of body piercing and tattooing; and amending Part
5 of Chapter 6 of Article 3 to remove all references to body piercing and
tattoo i n g
14. EVALUATION OF COMMISSIONERS' STIPEND
This item has been placed on the agenda at the request of Council member
Kawashima who wanted to evaluate the compensation for the various
commissions in the City.
City Council Meeting
Action Agenda
March 20, 2007
Page 9 of 15
Councilmember Kawashima suggested increase of Community Services
Commission to $100, Mayor Bone agreed; Council member Davert suggested
other commissions receive $25 increase, Mayor Pro Tem Amante requested
more time to review all commissions and new responsibilities under committee
realignment.
Request that staff return to Council in 2 weeks with proposal for increase.
15. REDEVELOPMENT AGENCY ACQUISITION OF REAL PROPERTY BY
EMINENT DOMAIN IN THE MCAS TUSTIN AND SOUTH CENTRAL
PROJECT AREAS
Adoption of the attached ordinances is required as a result of recent changes
to California Redevelopment law.
Shingleton indicated that the Law requires that City's re-adopt Plans as a
reaffirmation and record a statement that reiterates the provisions of the Law.
Motion: It was moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to:
15.a. Introduce and have first reading of Ordinance Nos. 1333 and 1334 and
set for second reading at the Council's next scheduled meeting;
ORDINANCE NO. 1333 - An ordinance of the City of Tustin, California
containing a description of the Tustin Community Redevelopment
Agency's program to acquire real property by Eminent Domain in the
South Central Redevelopment Project
ORDINANCE NO. 1334 - An ordinance of the City of Tustin, California
containing a description of the Tustin Community Redevelopment
Agency's program to acquire real property by Eminent Domain in the
MCAS- Tustin Redevelopment Project
15.b. Authorize staff to transmit to the County recorder the revised Official
Notices for the MCAS Tustin Redevelopment Project Area and the
South Central Redevelopment Project Area.
Motion carried 5-0.
16. CITY COUNCIL - LEGISLATIVE REPORTS
. AB1457 (Huffman) State Parks: Roads
Amante indicated that proposed Legislation would interfere with extension
of Toll Road 241; project would relieve congestion on 5 Freeway.
Motion by Mayor Pro Tem Amante, seconded by Councilmember Davert to
City Council Meeting
Action Agenda
March 20, 2007
Page 10 of 15
send a letter of opposition on behalf of the City. Motion carried 5-0.
. SB670 (Correa) Real Property Transfer Fees
Amante requested support for legislation that would prohibit additional
taxes being collected by developers and used for their philanthropic
activities.
Motion by Mayor Pro Tem Amante, seconded by Council member Davert to
send a letter of support on behalf of the City. Motion carried 4-0-1 (Palmer
abstained).
. Mayor Bone requested that staff return to Council with report on SB303
(requires upfront zoning on 1 O-year housing supply).
RECESS AT 7:56 P.M. TO A JOINT PUBLIC HEARING BETWEEN THE
CITY COUNCIL AND
TUSTIN PUBLIC FINANCING AUTHORITY
17.
PUBLIC HEARING: FIRST AMENDMENT TO TUSTIN
DISPOSITION AND DEVELOPMENT AGREEMENT 06-01
DEVELOPMENT SITE)
LEGACY
(MASTER
Approval is requested of a First Amendment to the Disposition and
Development Agreement (DDA) for the Master Development site between the
City of Tustin, Tustin Public Financing Authority, and Tustin Legacy
Community Partners, LLC ("TLCP" or the "Developer") for the sale and
development of certain property at Tustin Legacy ("Project").
Staff report presentation by Christine Shingleton, Assistant City Manager.
Shingleton summarized proposed amendments to DDA, as indicated in
Agenda Report.
The Public Hearing opened at 8:02 p.m. and closed with no public speakers.
Citv Council Action
Motion: It was moved by Councilmember Palmer, seconded by
Council member Davert, to
17.a. Adopt resolution; and
RESOLUTION NO. 07-29 - A resolution of the City of Tustin City
Council finding that the Final Environmental Impact Statement/Final
Environmental Impact Report for the disposal and reuse of MCAS
Tustin ("FEIS/FEIR") and its addendum is adequate to serve as the
project EIS/EIR for the First Amendment to Tustin Legacy Disposition
and Development Agreement 06-001 (Master Developer) and that all
City Council Meeting
Action Agenda
March 20, 2007
Page 11 of 15
applicable mitigation measures will be incorporated into the project as
required by the California Environmental Quality Act
17.b. Approve and authorize the City Manager, or Assistant City Manager to
execute the First Amendment to DDA 06-01 and to carry out all actions
necessary to implement the amendment including execution of all
related documents and instruments.
Motion carried 5-0.
Tustin Public Financinq Authoritv Action (Item #2)
Motion: It was moved by Director Davert, seconded by Chair Pro Tem
Amante, to
TPFA.2.a. Adopt resolution; and
RESOLUTION NO. 07-01 - A resolution of the Tustin Public
Financing Authority finding that the Final Environmental Impact
StatemenUFinal Environmental Impact Report for the disposal
and reuse of MCAS Tustin ("FEIS/FEIR") and its addendum is
adequate to serve as the project EIS/EIR for the First
Amendment to Tustin Legacy Disposition and Development
Agreement 06-001 (Master Developer) and that all applicable
mitigation measures will be incorporated into the project as
required by the California Environmental Quality Act
TPFA 2.b. Approve and authorize the City Manager, or Assistant City
Manager to execute the First Amendment to DDA 06-01 on
behalf of the Tustin Public Financing Authority and to carry out
all actions necessary to implement the amendment including
execution of all related documents and instruments.
Motion carried 5-0.
RECESS AT 8:03 P.M. TO A JOINT SESSION BETWEEN THE
CITY COUNCIL AND
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
18. BENEFIT RESOLUTIONS FOR USE OF MCAS TUSTIN REDEVELOPMENT
TAX INCREMENT FUNDS FOR A PORTION OF THE COSTS OF PHASE I
NEWPORT AVENUE EXTENSION/NORTHBOUND SR-55 RAMP
RECONFIGURATION/EDINGER AVENUE WIDENING PROJECT
IMPROVEMENTS
Agency and City Council consent is requested to allow the Tustin Community
City Council Meeting
Action Agenda
March 20, 2007
Page 12 of 15
Redevelopment Agency Executive Director to pay all or a part of the costs of
acquisition and construction of Phase I Newport Avenue
Extension/Northbound SR-55 Ramp Reconfiguration/Edinger Avenue
Widening Project Improvements out of MCAS Tustin Redevelopment Project
tax increment.
Citv Council Action
Motion: It was moved by Council member Palmer, seconded by
council member Davert, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 07-30 - A resolution of the City Council of the City
of Tustin making findings pursuant to Health and Safety Code Section
33445 for acquisition of property and right-of- way necessary to
construct the Phase I Newport Avenue Extension/Northbound SR-55
Ramp Reconfiguration/Edinger Avenue Widening Project Improvements
Tustin Communitv Redevelopment Aqencv Action (Item #3)
Motion: It was moved by Agency member Davert, seconded by Chair Pro
Tern Amante, to adopt resolution. Motion carried 5-0.
RDA RESOLUTION NO. 07-01 - A resolution of the Tustin Community
Redevelopment Agency making findings pursuant to Health and Safety
Code Section 33445 for acquisition of property and right-of-way
necessary to construct the Phase I Newport Avenue
Extension/Northbound SR-55 Ramp Reconfiguration/Edinger Avenue
Widening Project Improvements
CITY COUNCIL MEETING WAS RECONVENED AT 8:04 P.M. WITH ALL MEMBERS
PRESENT
SECOND PUBLIC INPUT - Billy Hall reported that they had over 350 flags to dispose of
last Friday and reported that they will provide the service on an annual basis.
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
. Tustin Legacy Vestar development progressing well; and
. Pioneer Middle School being considered for California Distinguished School,
community pride is evident.
Councilmember Palmer:
. Water Advisory Committee of Orange County report - 342,000,000 gallons of water
used this month;
City Council Meeting
Action Agenda
March 20, 2007
Page 13 of 15
. Orange County Board of Supervisors appointment to Technical Expert Advisory Board
for development of homeless multi service center;
. Attended Children and Families Commission of Orange County 2007 Community
Awards Program, congratulated winners;
. Breakfast with Assemblyman Chuck Devore who provided an update on Sacramento
issues;
. City is seeking volunteers to serve on various Commissions, deadline is April 19th;
. Thanked Orange County Fire Authority, Anaheim Fire Department and several others
who helped fight fires last week;
. Congratulations to Beckman High and Pioneer Middle schools on nomination for
California Distinguished Schools by Department of Education;
. Beckman High School invited to perform at Carnegie Hall;
. Congratulations to Foothill High School Girls Water Polo champions;
. Congratulated Tustin Unified School District Teachers of the Year;
. Congratulations to Beckman High school Junior Eunice Lau for winning 2nd place in
the Photography Music Center Spotlight Awards Visual Arts competition;
. Congratulations to Kitajima Sushi for celebrating 5 years and for their recent perfect
health inspection; and
. Requested presentation by Orange County Office on Aging on the future needs of
seniors in Tustin.
Councilmember Davert:
. Visited Orange County Fire Authority command post during Windy Ridge fires;
thanked everyone for incredible efforts and success in fighting fire;
. Attended Chamber of Commerce Breakfast, Tustin Police Department received
accolades on solving case of Home Depot shooting; and
. Currently evaluating solid waste bid contracts, recommendation to Council in April.
Mayor Pro Tem Amante:
. Chamber of Commerce breakfast honored police department for handling of Home
Depot incident;
. Transportation Corridor Agency report evaluation of advocacy groups and expenditure
of money;
. Completed tour of Access bus service through Orange County Transportation
Authority;
. Toured transit line on Metrolink and Amtrak;
. Regional Planning & Highways Committee of OCTA discussed grade separation of
ports and impact of goods movement on rail lines; and
. Orange County Transportation Authority Fund expenditure increase for parking spaces
and possible design built project for Metrolink station.
Mayor Bone:
. League of California Cities discussed utility boxes placed in public right of way;
. Attended Congressman John Campbell briefing on federal funding;
. Announced future presentation to Council on John Wayne Airport expansion; and
. Office Depot at The District will be opening on May 1 ih.
City Council Meeting
Action Agenda
March 20, 2007
Page 14 of 15
ADJOURNMENT - 8:24 p.m. - The next regular meeting of the City Council is scheduled
for Tuesday, April 3, 2007, at 5:30 p.m. for Closed Session and 7:00
p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
City Council Meeting
Action Agenda
March 20, 2007
Page 15 of 15
ACTION AGENDA
OF THE SPECIAL MEETING
OF THE TUSTIN PUBLIC FINANCING AUTHORITY
TUSTIN, CALIFORNIA
MARCH 20, 2007
CALL TO ORDER - 8:24 P.M.
ATTENDANCE
Present:
Absent:
Recording Secretary:
Others Present:
Chair Lou Bone, Chair Pro Tem Jerry Amante, Directors Doug
Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker
William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT - None
REGULAR BUSINESS ITEM
1. APPROVAL OF MINUTES - SPECIAL MEETING OF APRIL 3, 2006
Motion: It was moved by Director Davert, seconded by Chair Pro Tem
Amante, to Approve the Tustin Public Financing Authority Minutes of April 3,
2006. Motion carried 5-0.
ADJOURNED - 8:24 P.M.
A JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND TUSTIN PUBLIC
FINANCING AUTHORITY WAS CALLED TO ORDER AT 7:56 P.M. *
* Item considered at the time city council meeting items were conferred.
2.
PUBLIC HEARING: FIRST AMENDMENT TO TUSTIN
DISPOSITION AND DEVELOPMENT AGREEMENT 06-01
DEVELOPMENT SITE)
LEGACY
(MASTER
Approval is requested of a First Amendment to the Disposition and
Development Agreement (DDA) for the Master Development site between the
City of Tustin, Tustin Public Financing Authority, and Tustin Legacy
Community Partners, LLC ("TLCP" or the "Developer") for the sale and
development of certain property at Tustin Legacy ("Project").
Tustin Public Financing Authority Meeting
Action Agenda
March 20, 2007
Page 1 of 3
Staff report presentation by Christine Shingleton, Assistant City Manager
The Public Hearing opened at 8:02 p.m. and closed with no public speakers.
Tustin Public Financinq Authoritv Action (Item #2)
Motion: It was moved by Director Davert, seconded by Chair Pro Tem
Amante, to
TPFA.2.a. Adopt resolution; and
RESOLUTION NO. 07-01 - A resolution of the Tustin Public
Financing Authority finding that the Final Environmental Impact
StatemenUFinal Environmental Impact Report for the disposal
and reuse of MCAS Tustin (nFEIS/FEIRn) and its addendum is
adequate to serve as the project EIS/EIR for the First
Amendment to Tustin Legacy Disposition and Development
Agreement 06-001 (Master Developer) and that all applicable
mitigation measures will be incorporated into the project as
required by the California Environmental Quality Act
TPFA 2.b. Approve and authorize the City Manager, or Assistant City
Manager to execute the First Amendment to DDA 06-01 on
behalf of the Tustin Public Financing Authority and to carry out all
actions necessary to implement the amendment including
execution of all related documents and instruments.
Motion carried 5-0.
Citv Council Action
Motion: It was moved by Council member Palmer, seconded by
Councilmember Davert, to
17.a. Adopt resolution; and
RESOLUTION NO. 07-29 - A resolution of the City of Tustin City
Council finding that the Final Environmental Impact StatemenUFinal
Environmental Impact Report for the disposal and reuse of MCAS
Tustin (nFEIS/FEIRn) and its addendum is adequate to serve as the
project EIS/EIR for the First Amendment to Tustin Legacy Disposition
and Development Agreement 06-001 (Master Developer) and that all
applicable mitigation measures will be incorporated into the project as
required by the California Environmental Quality Act
17.b. Approve and authorize the City Manager, or Assistant City Manager to
execute the First Amendment to DDA 06-01 and to carry out all actions
Tustin Public Financing Authority Meeting
Action Agenda
March 20, 2007
Page 2 of 3
necessary to implement the amendment including execution of all
related documents and instruments.
Motion carried 5-0.
JOINT MEETING WAS ADJOURNED AT 8:02 P.M. AND RECONVENED TO THE
CITY COUNCIL MEETING
Tustin Public Financing Authority Meeting
Action Agenda
March 20, 2007
Page 3 of 3
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
MARCH 20, 2007
CALL TO ORDER
8:25 p.m.
ATTENDANCE
Present:
Absent:
Recording Secretary:
Others Present:
Chair Lou Bone; Chair Pro Tem Jerry Amante; Agency
Members Doug Davert, Tony Kawashima, and Jim Palmer
None
Pamela Stoker
William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT - None
REGULAR BUSINESS ITEMS
1. APPROVAL OF MINUTES - REGULAR MEETING OF MARCH 6. 2007
Motion: It was moved by Agency Member Davert, seconded by Agency
Member Kawashima, to approve the Redevelopment Agency Minutes of
March 6, 2007. Motion carried 5-0.
2. AUTHORIZATION TO EXECUTE A LOAN AGREEMENT WITH TUSTIN
HERITAGE PLACE, L.P. IN THE AMOUNT OF $350,000 FOR THE 54
UNIT SENIOR CITIZEN COMPLEX LOCATED AT 1101 SYCAMORE
AVENUE KNOWN AS HERITAGE PLACE
The Agency is requesting authorization for the execution of a loan
agreement between the Tustin Community Redevelopment Agency and
Tustin Heritage Place, L. P. in the amount of $350,000 for the 54 unit senior
citizen complex located at 1101 Sycamore Avenue known as Heritage
Place.
Motion : It was moved by Agency Member Davert. seconded by Agency
Member Kawashima. to:
2.a. Authorize the execution by the Executive Director of a Loan
Agreement between the Agency and Tustin Heritage Place, L. P. in
Community Redeveiopment Agency Meeting
Action Agenda
March 20. 2007
Page 1 of 3
the amount of $350,000, subject to approval of the City Attorney, and
authorize staff to take all actions necessary to implement the
Agreement.
2.b. Appropriate funds in the amount of $350,000 from the low and
moderate income housing set-aside funds for the South Central
Redevelopment Project Area in the amount of $175,000 and
$175,000 from the Town Center Project Area.
Motion carried 5-0.
ADJOURNED - 8:26 P.M. - The next regular meeting is scheduled for Tuesday, April 3,
2007 at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
A JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY WAS CALLED TO ORDER AT 8:03
P.M.'
* Item considered at the time city council meeting items were conferred.
3. BENEFIT RESOLUTIONS FOR USE OF MCAS TUSTIN
REDEVELOPMENT TAX INCREMENT FUNDS FOR A PORTION OF THE
COSTS OF PHASE I NEWPORT AVENUE EXTENSION/NORTHBOUND
SR-55 RAMP RECONFIGURATION/EDINGER AVENUE WIDENING
PROJECT IMPROVEMENTS
Agency and City Council consent is requested to allow the Tustin
Community Redevelopment Agency Executive Director to pay all or a part
of the costs of acquisition and construction of Phase I Newport Avenue
Extension/Northbound SR-55 Ramp Reconfiguration/Edinger Avenue
Widening Project Improvements out of MCAS Tustin Redevelopment
Project tax increment.
Tustin Community Redevelopment Aqency Action (Item #3)
Motion: It was moved by Agency member Davert, seconded by Chair Pro
Tem Amante, to adopt resolution. Motion carried 5-0.
RDA RESOLUTION NO. 07-01 - A resolution of the Tustin
Community Redevelopment Agency making findings pursuant to
Health and Safety Code Section 33445 for acquisition of property
and right-of-way necessary to construct the Phase I Newport Avenue
Extension/Northbound SR-55 Ramp Reconfiguration/Edinger
Avenue Widening Project Improvements
City Council Action (Item #18)
Community Redevelopment Agency Meeting
Action Agenda
March 20, 2007
Page 2 of 3
Motion: It was moved by Council member Palmer, seconded by
council member Davert, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 07-30 - A resolution of the City Council of the
City of Tustin making findings pursuant to Health and Safety Code
Section 33445 for acquisition of property and right-of- way necessary
to construct the Phase I Newport Avenue Extension/Northbound SR-
55 Ramp Reconfiguration/Edinger Avenue Widening Project
Improvements
JOINT MEETING WAS ADJOURNED AT 8:04 P.M. AND RECONVENED TO THE
CITY COUNCIL MEETING
Community Redevelopment Agency Meeting
Action Agenda
March 20, 2007
Page 3 of 3