The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 10.18.16CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Dr. Allan Bernstein, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Charles E. Puckett, Councilmember OCTOBER 18, 2016 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager John Nielsen, Mayor David E. Kendig, City Attorney Erica N. Rabe, City Clerk Jeffrey C. Parker, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2399 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 — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) a. Orange County Water District, a California public agency; all persons interested in the matter of Orange County Water District Resolution No. 16- 4-37; and Does 1 to 20, inclusive vs. Irvine Ranch Water District (Case No. 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. 30-2016-00858584-C U-WM-CJ C) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (1 case) A. Property 430-391-12, 430-391-09, 430-381-41, 430-381-43, Address/Description 430-381-75 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2399 INVOCATION — Mayor Nielsen PLEDGE OF ALLEGIANCE — Councilmember Puckett ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig 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. City Council October 18, 2016 Meeting Agenda Page 2 of 7 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 6) 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 AND TUSTIN HOUSING AUTHORITY HELD ON OCTOBER 4, 2016 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority held on October 4, 2016. 3. RATIFICATION 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 obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $700,188.98; and Demands in the amount of $2,907,630.68. 4. APPROVE LETTER OF AGREEMENT TRANSFERRING OWNERSHIP OF UNDERGROUND TELECOMMUNICATION FACILITIES ALONG MOFFETT DRIVE AND PARK AVENUE IN TUSTIN LEGACY TO AT&T CALIFORNIA Construction of the ongoing improvements on Moffett Drive between Park Avenue and Jamboree Road and on Park Avenue between Moffett Drive and Victory Road includes installation of Pacific Bell Telephone Company dba AT&T California underground telecommunication facilities within the public right of way. It is therefore necessary for the City of Tustin to enter into Letter of Agreement transferring ownership of the underground telecommunication facilities to AT&T California. The facilities are in the right of way pursuant to the franchise. Recommendation: That the City Council approve a Letter of Agreement City Council October 18, 2016 Meeting Agenda Page 3 of 7 transferring ownership of underground telecommunication facilities along Moffett Drive and Park Avenue in Tustin Legacy to AT&T California, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 5. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR HERITAGE PARK PLAYGROUND RENOVATION (CIP NO. 20078) This project includes the purchase and installation of playground equipment and ADA required playground surfacing at Heritage Park. Recommendation: That the City Council approve Resolution No. 16-58, approving specifications for the purchase and installation of new playground equipment at Heritage Park (CIP No. 20078) and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 16-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT HERITAGE PARK (CIP No. 20078) 6. RATIFICATION OF REVISED FIRST AMENDMENTS TO MITIGATION AND SITE CONVEYANCE AGREEMENTS WITH THE TUSTIN UNIFIED SCHOOL DISTRICT RELATING TO MCAS TUSTIN SCHOOL PROJECT Pursuant to the City Council's approval, the City executed and entered into a Site Facilities Implementation, Funding and Mitigation Agreement (the "Mitigation Agreement") and Site Conveyance Agreement with Tustin Unified School District ("TUSD") on August 25, 2015 (the "2015 Agreements"). The primary purpose of the 2015 Agreements is to provide funding for construction of a 6-12 TUSD school project on a portion of the Marine Air Corps Air Station and for the City to convey a 40 -acre school site to TUSD for the 6-12 school project. The City and TUSD have agreed to revise the 2015 Agreements to modify the configuration of the 40 -acre site and to shift responsibility for grading the site from TUSD to the City, and to revise the priority by which certain project -related costs would be reimbursed to the parties. The First Amendment to the Site Facilities Implementation, Funding and Mitigation Agreement and First Amendment to the Site Conveyance Agreement ("First Amendments") implement this change. On August 16th of this year, the City Council approved and authorized the Mayor to execute the First Amendments. Since that time, the terms of the First Amendment were revised and, on October 10th, the TUSD Board of Directors City Council October 18, 2016 Meeting Agenda Page 4 of 7 approved the revised versions of the First Amendments. Because the terms were revised, this item seeks the City Council's ratification (approval) of the revised versions of the First Amendments. Recommendation: That the City Council ratify, and authorize the Mayor to execute, the revised First Amendments attached to the staff report as Attachment B. 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 7 and 8) 7. GENERAL PLAN AMENDMENT 2016-01, ZONE CHANGE 2016-001, SUBDIVISION 2016-03/TENTATIVE TRACT MAP 17993, DEVELOPMENT AGREEMENT 2016-002 AND DESIGN REVIEW 2016-14 FOR THE DEVELOPMENT OF 140 RESIDENTIAL CONDOMINIUMS AT 320-438 W. SIXTH STREET AND 620-694 S. B STREET The project is a request to subdivide a 6.81 -acre lot for condominium purposes to construct 140 residential units, and ancillary uses including a privately owned, publicly accessible mini park and other amenities. The site is located on the south side of Sixth Street at its intersection with B Street. The proposed project requires approval of a General Plan Amendment, Zone Change, Tentative Tract Map, Design Review and Development Agreement. On September 27, 2016, the Planning Commission adopted Resolution Nos. 4325 recommending City Council find the Mitigated Negative Declaration adequate for the project, 4326 recommending approval of General Plan Amendment 2016-01, 4327 recommending approval of Subdivision 2016-03/TTM 17933 and Design Review 2016-004 and 4328 recommending approval of Zone Change 2016-001. The applicant is requesting the City Council continue the item to November 15, 2016 to allow the applicant time to address comments made by the Planning Commission on September 27, 2016 with respect to architectural elevation improvements. Recommendation: That the City Council continue the item to the November 15, 2016 meeting. 8. THE FLIGHT AT TUSTIN LEGACY: DEVELOPMENT AGREEMENT (DA) 2016-001, CONCEPT PLAN (CP) 2016-001, DESIGN REVIEW (DR) 2016-001, SUBDIVISION (SUB) 2016-02, TENTATIVE TRACT MAP (TTM) 18003, CONDITIONAL USE PERMITS (CUP) 2016-01; 2016-02; 2016-15; 2016-23, MINOR MODIFICATIONS (MM) 2016-01 AND 2016-02 FOR THE City Council October 18, 2016 Meeting Agenda Page 5 of 7 DEVELOPMENT OF A COMMERCIAL MIXED USE PROJECT THAT INCLUDES A CREATIVE OFFICE CAMPUS WITH ACCESSORY FOOD HALL AND CONFERENCE CENTER WITHIN A PORTION OF PLANNING AREAS 9-12, NEIGHBORHOOD E, MCAS TUSTIN SPECIFIC PLAN The project is a request to construct an 870,000 square foot creative office campus with an accessory food hall and conference center within a portion of Planning Areas 9-12 (Neighborhood E) of the MCAS Tustin Specific Plan. The proposed project requires approval of a General Plan Conformity determination, Development Agreement, Concept Plan, Design Review, Subdivision/Vesting Tentative Tract Map, Conditional Use Permits and Minor Modifications. On September 27, 2016, the Planning Commission adopted Resolution No. 4320 determining the conveyance of the project site is in conformance with the General Plan, Resolution No. 4321 recommending City Council adopt Ordinance No. 1471 approving DA 2016-001, Resolution No. 4322 recommending approval of VTTM 18003, Resolution No. 4323 recommending approval of CP 2016-001, DR 2016-001, CUP 2016-02, CUP 2016-23, MM 2016-01 and MM 2016-02 and Resolution No. 4324 recommending approval of CUP 2016-01 and CUP 2016-015. The City and the applicant are requesting the City Council to continue the item to November 1, 2016, to allow respective attorneys to finalize the real estate transaction documents related to the Disposition and Development Agreement. Recommendation: That the City Council continue the item to the November 1, 2016 meeting. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9-10) 9. INTRODUCE ORDINANCE NO. 1474 ALLOWING THE CITY COUNCIL TO CONDUCT BUSINESS DURING REGULAR MEETINGS AT ALTERNATE LOCATIONS WHEN NECESSARY Adoption of proposed Ordinance No. 1474 would amend Section 1301 of the Tustin City Code to allow the City Council to conduct business during Regular Meetings at locations other than the Council Chamber when deemed necessary. Recommendation: That the City Council: Introduce and have first reading by title only of Ordinance No. 1474 and set the second reading for November 1, 2016. City Council October 18, 2016 Meeting Agenda Page 6 of 7 ORDINANCE NO. 1474 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1301 OF THE TUSTIN CITY CODE RELATING TO MEETING DATES 10. LEGISLATIVE UPDATE Staff has prepared a recap of bills Governor Brown has approved or vetoed at the last Legislative session. Recommendation: Receive and file. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, November 1, 2016 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 18, 2016 Meeting Agenda Page 7 of 7