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Home My WebLink About00 CC AGENDA 10.20.15CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember OCTOBER 20, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager Charles E. Puckett, Mayor David E. Kendig, City Attorney Erica N. Rabe, City Clerk Pamela Arends-King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2377 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 [Government Code § 54956.9(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957] — One Case a. Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATORS [Government Code § 54957.6] - a. Unrepresented employee: City Manager Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the meeting are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases Property Tustin Legacy Disposition Package 1C to include Address/Description Lots 1, X and Y of Tract Map 17404 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and Terms of Payment 2. Property Parcel numbers 430-371-18, 19, 20, 21, 22, 23, 24, Address/Description 25, 26, 27, 28, 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director Economic Development Negotiating Parties MDO Holdings LLC Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2377 INVOCATION — Councilmember Murray PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig City Council October 20, 2015 Meeting Agenda Page 2 of 11 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. PRESENTATION — Childhood Lead Poisoning Prevention Week 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 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON OCTOBER 6, 2015. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on October 6, 2015. 3. 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 Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $695,996.22; and Demands in the amount of $1,949,561.47. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the second quarter of 2015. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior City Council October 20, 2015 Meeting Agenda Page 3 of 11 quarters during this first quarter reporting period. Average noise levels during the second quarter remained well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 5. POLICE DEPARTMENT VEHICLE PURCHASE Five (5) Police Department patrol vehicles are in need of replacement. The Department has determined the need to purchase (5) Dodge Charger pursuit rated vehicles. Additionally, there will be a need to award a contract for police equipment conversion work for the newly purchased police units. Recommendation: That the City Council authorize: 1. The purchase of five (5) 2016 Dodge Charger pursuit rated vehicles from McPeek Dodge in Anaheim, California, in the amount of $142,938.55 (including tax, license, fees and delivery). 2. The purchase of police equipment conversion packages for the conversion of five (5) 2016 Dodge Chargers from Hi -Standard Automotive in Orange, California, in the amount of $36,834.78. 3. The additional change -over costs for five (5) 2016 Dodge Chargers from one (1) additional vendor, in the amount of $2,077.60 (graphic signs). 4. Request Council to approve a supplemental appropriation from the Equipment replacement fund in the amount of $181,850.93. 5. The Public Works Department to dispose of the retired surplus vehicles at the next available public auction and credit net proceeds to the applicable City Revenue Fund. 6. COMMUNICATIONS SITE LICENSE AGREEMENT WITH LOS ANGELES SMSA LIMITED PARTNERSHIP, D/B/A VERIZON WIRELESS, FOR WIRELESS FACILITIES AT TUSTIN SPORTS PARK (12850 ROBINSON DRIVE) Approval is requested for a Communications Site License Agreement between the City of Tustin (Licensor) and Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless (Licensee). Recommendation: That the City Council authorize the City Manager to execute the attached Communications Site License Agreement with Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless, a California limited partnership, subject to any non -substantive modifications as may be deemed necessary by the City Attorney prior to execution of the Agreement. City Council October 20, 2015 Meeting Agenda Page 4 of 11 7. APPROVE CONSENT TO COMMON USE AGREEMENT NO 102711-1 WITH CALTRANS FOR STORM DRAIN EASEMENT WITHIN CALTRANS RIGHT OF WAY AT JAMBOREE ROAD AND INTERSTATE 5 Staff is recommending that the City Council approve Consent to Common Use Agreement No. 102711-1 with the California Department of Transportation (Caltrans) for a City of Tustin storm drain easement within Caltrans right of way on the west side of Jamboree Road adjacent to Jamboree Road and the northbound Interstate 5 onramp. Recommendation: That the City Council approve Consent to Common Use Agreement (CCUA) No. 102711-1 with the California Department of Transportation and authorize the Mayor and the City Clerk to execute the CCUA on behalf of the City. 8. 2014 DROUGHT SOLICITATION IMPLEMENTATION GRANT FUNDING CONTRACT This Proposition 84 Integrated Regional Water Management Program (IRWMP) 2014 Drought Solicitation Implementation Grant Funding Contract is made between Santa Ana Watershed Project Authority (SAWPA) and the City of Tustin. On July 20, 2015, the California Department of Water Resources (DWR) and SAWPA entered into a Proposition 84 Integrated Regional Water Management Implementation Grant Agreement providing that SAWPA would serve as the program manager for IRWMP grant funds to be disbursed to sub - grantees considering and participating in investigation and possible implementation of a conservation -based water rate structure. Recommendation: That the City Council approve the attached Proposition 84 Integrated Regional Water Management Program 2014 Drought Solicitation Implementation Grant Funding Contract between the Santa Ana Watershed Project Authority and the City of Tustin, and authorize the City Manager to execute the Contract on behalf of the City, subject to City Attorney review and approve as to form. PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Items 9-10) 9. FIRST READING OF CODE AMENDMENT 2015-003 (ORDINANCE NO. 1462), MASSAGE ESTABLISHMENTS City Council October 20, 2015 Meeting Agenda Page 5 of 11 Proposed Code Amendment 2015-003 (Ordinance No. 1462) would amend and restate Part 6 of Chapter 6 of Article 3 of the Tustin City Code (TCC) and amend Parts 3, 6 and 9 of Chapter 2 of Article 9 of the TCC relating to the regulation of massage establishments consistent with State law. Recommendation: That the City Council introduce and have the first reading of Ordinance No. 1462, and set the second reading for the Council's next scheduled meeting. ORDINANCE NO. 1462 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING PART 6 OF CHAPTER 6 OF ARTICLE 3 OF THE TUSTIN CITY CODE, AND AMENDING PARTS 3, 6 AND 9 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATING TO THE REGULATION OF MASSAGE ESTABLISHMENTS (CODE AMENDMENT 2015-003) 10. THE VILLAGE AT TUSTIN LEGACY: SPECIFIC PLAN AMENDMENT 2015- 02, DEVELOPMENT AGREEMENT 2015-001, SUBDIVISION 2015- 03/TENTATIVE PARCEL MAP 2015-127, CONCEPT PLAN 2015-003, DESIGN REVIEW 2015-014, CONDITIONAL USE PERMIT 2015-11 THROUGH CONDITIONAL USE PERMIT 2015-17, AND CONDITIONAL USE PERMIT 2015-23 FOR THE DEVELOPMENT OF A NEIGHBORHOOD COMMERCIAL CENTER WITH MULTIPLE USES INCLUDING GROCERY, DAYCARE, RESTAURANTS, RETAIL, MEDICAL OFFICE AND ACUTE CARE/REHABILITATION FACILITY WITHIN PLANNING AREA 7 OF NEIGHBORHOOD B, MCAS TUSTIN SPECIFIC PLAN The project is a request to construct a 248,292 square -foot commercial center with multiple uses, including retail, drive-thrus, grocery, pharmacy, restaurants, medical office and acute care/rehabilitation and skilled nursing uses. The site is located within Planning Area 7 (Neighborhood B) of the MCAS Tustin Specific Plan and generally bounded by Edinger Avenue to the north, Tustin Ranch Road to the east, Valencia Avenue to the south, and Kensington Park Drive to the west. The proposed project requires approval of Specific Plan Amendment, Concept Plan, Development Agreement, Tentative Tract Map, Design Review, and Conditional Use Permits. On August 25, 2015, the Planning Commission adopted Resolution Nos. 4285 through 4293 recommending that the City Council approve the proposed project. On September 15, 2015, the City Council continued the item to October 20, 2015, to allow respective Attorneys to finalize the real estate transaction documents and the Disposition and Development Agreement. A Disposition and Development Agreement (DDA) associated for this project will be considered as a separate agenda item. City Council October 20, 2015 Meeting Agenda Page 6 of 11 Recommendation: That the City Council adopt: 1. Resolution No. 15-57, finding the project is within the scope of the certified Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the MCAS Tustin Reuse and Specific Plan, the Supplemental and Addendums, and that pursuant to Government Code Section 65457, no further environmental review is required. 2. Introduce and have first reading by title only of Ordinance No. 1460 for Specific Plan Amendment 2015-02, an amendment to the MCAS Tustin Specific Plan to allow acute care/rehabilitation and skill nursing uses as conditionally permitted within Planning Area 7 and increase the allowable building height to fifty-five (55) feet for medical centers and sixty (60) feet for acute care/rehabilitation facilities. 3. Introduce and have first reading by title only of Ordinance No. 1461 for Development Agreement (DA) 2015-001 to facilitate the development and conveyance of an approximate 22.7 -acre site within the boundaries of MCAS Tustin Specific Plan. The DA was intended to further the purpose and intent of the General Plan and Specific Plan, and FEIS/FEIR and will ensure the orderly implementation of infrastructure and development. The DA includes a schedule of performance and obligations that ensure adequate local infrastructure programs are in place to support the proposed development. 4. Resolution No. 15-58, approving Concept Plan (CP) 2015-003 to develop a 248,292 square -foot neighborhood commercial center with multiple uses and ensure necessary linkages are provided between the development project, the integrity of the specific plan and purpose and intent of the neighborhood is maintained, and applicable City requirements are identified and satisfied; Subdivision 2015-03/Tentative Parcel Map (TPM) 2015-127 to subdivide an approximately 22.7 -acre site into thirteen (13) numbered lots and four (4) lettered lots for the development of a 248,292 square -foot neighborhood commercial center with multiple uses; Design Review (DR) 2015-014 for the design and site layout of a 248,292 square -foot neighborhood commercial center with multiple uses. 5. Resolution No. 15-59, approving Conditional Use Permit (CUP) 2015-11 for the establishment of an acute care/rehabilitation facility and skilled nursing facility on Building M (Parcel 10, 15120 Kensington Park Drive). 6. Resolution No. 15-60, approving CUP 2015-12 for the establishment of a drive-thru pharmacy use on Building D (Parcel 1, 15180 Kensington Park Drive). 7. Resolution No. 15-61, approving CUP 2015-13 for the establishment of a City Council October 20, 2015 Meeting Agenda Page 7 of 11 restaurant drive-thru use on Building E (Parcel 3, 15190 Kensington Park Drive). 8. Resolution No. 15-62, approving CUP 2015-14 for the establishment of a bank drive-thru use on Building H (Parcel 6, 15060 Kensington Park Drive). 9. Resolution No. 15-63, approving CUP 2015-15 for the establishment of a restaurant drive-thru use on Building I — Alternative Option (Parcel 7, 15040 Kensington Park Drive). 10. Resolution No. 15-64, approving CUP 2015-16 for the establishment of a master sign plan for the subject development. 11. Resolution No. 15-65, approving CUP 2015-17 for the establishment of a preschool/childcare use on Building A (Parcel 9, 15140 Kensington Park Drive). 12. Resolution No. 15-66, approving CUP 2015-23 for the establishment of joint use parking for Parcels 10, 11, 12 and 13 (15000, 15020, 15100 and 15120 Kensington Park Drive). RESOLUTION NO. 15-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR SPECIFIC PLAN AMENDMENT 2015-02, DEVELOPMENT AGREEMENT 2015-001, CONCEPT PLAN 2015-003, SUBDIVISION 2015-03/TENTATIVE PARCEL MAP 2015-127, DESIGN REVIEW 2015-014, CONDITIONAL USE PERMITS 2015-11 THROUGH 2015-17 AND CONDITIONAL USE PERMIT 2015-23 FOR THE DEVELOPMENT OF 248,292 SQUARE FEET COMMERCIAL CENTER WITHIN PLANNING AREA 7 OF NEIGHBORHOOD B OF THE MCAS TUSTIN SPECIFIC PLAN. ORDINANCE NO. 1460 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2015-02, AMENDING SECTION 3.4.4 (PLANNING AREA 7) OF THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN DISTRICT REGULATIONS BY ADDING USES SUCH AS ACUTE CARE/REHABILITATION USES AND SKILLED NURSING USES AS CONDITIONALLY PERMITTED USES WITHIN PLANNING AREA 7 OF THE MCAS TUSTIN SPECIFIC PLAN AND INCREASING THE MAXIMUM ALLOWED BUILDING HEIGHT FOR MEDICAL CENTERS AND ACUTE CARE/REHABILTATION AND SKILLED NUSRING FACILITIES. City Council October 20, 2015 Meeting Agenda Page 8 of 11 ORDINANCE NO. 1461 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2015-001 BETWEEN THE CITY OF TUSTIN AND 1C TUSTIN LEGACY LLC (REGENCY CENTERS) TO FACILITATE THE DEVELOPMENT OF A 248,292 SQUARE -FOOT COMMERCIAL CENTER WITHIN PLANNNG AREA 7 OF NEIGHBORHOOD B OF THE MCAS TUSTIN SPECIFIC PLAN RESOLUTION NO. 15-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING CONCEPT PLAN 2015-003, SUBDIVISION 2015- 03/TENTATIVE PARCEL MAP 2015-127, AND DESIGN REVIEW 2015-014 FOR THE DEVELOPMENT OF A NEW COMMERCIAL CENTER WITH MULTIPLE USES WITHIN PLANNING AREA 7 OF NEIGHBORHOOD B OF THE MCAS TUSTIN SPECIFIC PLAN (15000 THROUGH 15190 KENSINGTON PARK DRIVE). RESOLUTION NO. 15-59 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-11 ALLOWING THE ESTABLISHMENT OF A NEW ACUTE CARE/REHABILITATION AND SKILLED NURSING FACILITY WITH 80 BEDS AND ASSOCIATED SERVICES, LOCATED AT 15120 KENSINGTON PARK DRIVE (BUILDING M). RESOLUTION NO. 15-60 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-12 ALLOWING THE ESTABLISHMENT OF A DRIVE-THRU PHARMACY USE IN CONJUNCTION WITH 14,576 SQUARE - FOOT DRUG STORE, LOCATED AT 15180 KENSINGTON PARK DRIVE (BUILDING D) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. RESOLUTION NO. 15-61 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-13 ALLOWING THE ESTABLISHMENT OF A RESTAURANT WITH DRIVE-THRU USE LOCATED AT 15190 KENSINGTON PARK DRIVE (BUILDING E) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. RESOLUTION NO. 15-62 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-14 ALLOWING THE ESTABLISHMENT OF A BANK WITH DRIVE-THRU USE LOCATED AT 15060 KENSINGTON PARK DRIVE (BUILDING H) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. City Council October 20, 2015 Meeting Agenda Page 9 of 11 RESOLUTION NO. 15-63 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-15 ALLOWING THE ESTABLISHMENT OF A RESTAURANT WITH DRIVE-THRU USE LOCATED AT 15040 KENSINGTON PARK DRIVE (ALTERNATIVE OPTION -BUILDING 1) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. RESOLUTION NO. 15-64 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-16 ALLOWING THE ESTABLISHMENT OF A MASTER SIGN PLAN FOR THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. RESOLUTION NO. 15-65 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-17 ALLOWING THE ESTABLISHMENT OF A PRESCHOOL/CHILDCARE USE WITHIN A 8,000 SQUARE -FOOT COMMERCIAL BUILDING, LOCATED AT 15140 KENSINGTON PARK DRIVE (BUILDING A) IN ASSOCIATION WITH THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. RESOLUTION NO. 15-66 A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2015-23 ALLOWING THE ESTABLISHMENT OF JOINT USE PARKING IN ASSOCIATION WITH THE MEDICAL PLAZA (PARCELS 10 , 11, 12 AND 13 OF TENTATIVE PARCEL MAP 2015-127) AT THE VILLAGE AT TUSTIN LEGACY DEVELOPMENT. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 11-12) 11. DISPOSITION PACKAGE 1 C - DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH 1C TUSTIN LEGACY, LLC (AKA REGENCY CENTERS) AND THE CITY OF TUSTIN Request for approval a Disposition and Development Agreement (DDA) between the City and 1 C Tustin Legacy, LLC aka Regency Centers (Developer) for a 20.96 acre parcel. The City -owned property is located north of Valencia Avenue, south of Edinger Avenue, east of Kensington Park Drive, and west of Tustin Ranch Road. The property will be subdivided into two parcels for the development of: 1) a neighborhood shopping center and, 2) a healthcare complex. City Council October 20, 2015 Meeting Agenda Page 10 of 11 Recommendation: Authorize the City Manager to execute the DDA between the City and 1C Tustin Legacy, LLC subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1458 Ordinance No. 1458 amends Tustin City Code Section 5331n by establishing preferential permit only parking within the Walnut Park/Broadmoor neighborhood summary. Recommendation: Have second reading by title only and adoption of Ordinance No. 1458 (roll call vote). ORDINANCE NO. 1458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, November 2, 2015 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council October 20, 2015 Meeting Agenda Page 11 of 11