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Home My WebLink About00 CC AGENDA 11.1.16 CITY OF TUSTIN REGULAR NOVEMBER 1, 2016 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney Al Murray, Councilmember Erica N. Rabe, City Clerk Charles E. Puckett, Councilmember Jeffrey C. Parker, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER— Meeting #2400 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) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (2 cases) 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. A. Property 27 Look Out Lane, Tustin; APN 935-212-21 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & Executive Director; Jerry Craig, Economic Development & Housing Manager Negotiating Parties William Lan and Wei-Ling Chang Under Negotiation Price and Terms of Payment B. Property APN 430-251-22 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Director of Economic Development Negotiating Parties G. Geiselman Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER— Meeting #2400 INVOCATION — Councilmember Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez 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 November 1, 2016 Meeting Agenda Page 2 of 10 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 HELD ON OCTOBER 18, 2016 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on October 18, 2016. 3. 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: That the City Council approve Payroll in the amounts of $799,993.63. 4. AUTHORIZE A CONSULTANT SERVICES AGREEMENT FOR THE TUSTIN AREA SENIOR CENTER NEEDS ASSESSMENT Authorization is requested to enter into a Consultant Services Agreement (CSA) with RJM Design Group to conduct a program and facility needs assessment for the Tustin Area Senior Center. Recommendation: That the City Council: 1. Authorize staff to enter into a Consultant Services Agreement with RJM Design Group for professional services in an amount not to exceed $67,964; and 2. Appropriate $18,000 from the unappropriated General Fund Reserves (Fund 100). City Council November 1, 2016 Meeting Agenda Page 3 of 10 5. SUMMARY OF PROJECTS The following report provides a summary of projects and activities from the Community Development Department to the Tustin City Council. The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Recommendation: That the City Council receive and file this item. 6. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and other equipment that are no longer usable or required for public use. Recommendation: That the City Council: 1. Declare the listed equipment surplus and not required for public use. 2. Authorized staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. PUBLIC HEARING ITEM 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 Item 7) 7. THE FLIGHT AT TUSTIN LEGACY: DEVELOPMENT AGREEMENT (DA) 2016-001, CONCEPT PLAN (CP) 2016-001, DESIGN REVIEW (DR) 2016-001, SUBDIVISION (SUB) 2016-02, VESTING TENTATIVE TRACT MAP (VTTM) 18003, CONDITIONAL USE PERMITS (CUP) 2016-01; 2016-02; 2016-15; 2016-23, MINOR MODIFICATIONS (MM) 2016-01 AND 2016-02 FOR THE 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 Permit and Minor Modifications. On City Council November 1, 2016 Meeting Agenda Page 4 of 10 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 DA2016-001, Resolution No. 4322 recommending approval of VTTM 18003, Resolution No. 4323 recommending approval of CP2016-001, DR2016-001, CUP2016-02, CUP2016-23, MM 2016- 01 and MM2016-02 and Resolution No. 4324 recommending approval of CUP 2016-01 and CUP 2016-015. The Disposition and Development Agreement (DDA) associated for this project will be considered at a later date. Recommendation: That the City Council: 1. Adopt Resolution No. 16-59, 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. 1471 for Development Agreement (DA) 2016-001 to facilitate the development and conveyance of an approximate 38-acre site within the boundaries of WAS 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. 3. Adopt Resolution No. 16-60, approving VTTM 18003 to subdivide an approximately thirty-eight (38) acre site into twenty-one (21) numbered lots for the development of an 870,000 square-foot commercial mixed- use project. 4. Adopt Resolution No. 16-61, approving CP 2016-001 for the development of an 870,000 square-foot phased commercial mixed-use project 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, DR 2016-001 for design and site layout of Phase 1, CUP 2016-02 for joint-use parking for Lots 1-10 of VTTM 18003, CUP 2016-23 for mechanical equipment to exceed the maximum allowable building height, MM 2016-01 for a 10 percent reduction in parking for Phase 1 and MM 2016-02 for a ten (10) percent increase in building height for Building A. City Council November 1, 2016 Meeting Agenda Page 5 of 10 5. Adopt Resolution No. 16-62, approving CUP 2016-01 for on-site consumption of alcoholic beverages and CUP 2016-15 for live entertainment in conjunction with the operation of the food hall for Building D. RESOLUTION NO. 16-59 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 DEVELOPMENT AGREEMENT 2016-001, CONCEPT PLAN 2016-001, SUBDIVISION 2016-02/VESTING TENTATIVE TRACT MAP 18003, DESIGN REVIEW 2016-001, CONDITIONAL USE PERMITS 2016-01; 2016-02; 2016- 015; 2016-023, MINOR MODIFICATIONS 2016-01 AND 2016-02 AND DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF 870,000 SQUARE FOOT COMMERCIAL MIXED USE PROJECT WITHIN PORTIONS OF PLANNING AREA 9-12 OF NEIGHBORHOOD E OF THE MCAS TUSTIN SPECIFIC PLAN ORDINANCE NO. 1471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2016-001 BETWEEN THE CITY OF TUSTIN AND FLIGHT VENTURE LLC TO FACILITATE THE DEVELOPMENT OF AN APPROXIMATELY 870,000 SQUARE FOOT PHASED COMMERCIAL MIXED-USE DEVELOPMENT WITHIN PORTION OF PLANNING AREA 9-12 OF THE MCAS TUSTIN SPECIFIC PLAN RESOLUTION NO. 16-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SUBDIVISION 2016-02/ VESTING TENTATIVE TRACT MAP 18003 TO SUBDIVIDE AN APPROXIMATE 38 -ACRE SITE INTO TWENTY-ONE (21) NUMBERED LOTS FOR THE DEVELOPMENT OF AN 870,000 SQUARE FOOT COMMERCIAL MIXED-USE PROJECT WITHIN A PORTION OF PLANNING AREAS 9-12 OF THE MCAS TUSTIN SPECIFIC PLAN RESOLUTION NO. 16-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONCEPT PLAN 2016-001, DESIGN REVIEW 2016-001, CONDITIONAL USE PERMIT 2016-02, CONDITIONAL USE PERMIT 2016-23, MINOR MODIFICATION 2016-01 AND MINOR MODIFICATION 2016-02 FOR THE DEVELOPMENT OF AN APPROXIMATE 870,000 SQUARE FOOT PHASED COMMERCIAL MIXED-USE PROJECT WITHIN A PORTION OF PLANNING AREA 9-12 OF THE MCAS TUSTIN SPECIFIC PLAN City Council November 1, 2016 Meeting Agenda Page 6 of 10 RESOLUTION NO. 16-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2016-001 AND CONDITIONAL USE PERMIT 2016-15 AUTHORIZING ON-SITE ALCOHOLIC BEVERAGE CONSUMPTION AND LIVE ENTERTAINMENT (FOOD HALL/CONFERENCE CENTER) FOR THE DEVELOPMENT OF AN 870,000 SQUARE FOOT COMMERCIAL MIXED-USE PROJECT WITHIN A PORTION OF PLANNING AREAS 9-12 OF MCAS TUSTIN SPECIFIC PLAN. Environmental On January 16, 2001, the City certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06- 43 approving an Addendum to the FEIS/EIR. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving a Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On May 21, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the Final EIS/EIR in conjunction with the South Orange County Community College District project. The Final EIS/EIR as amended by the Supplement and the Addendums is referred to herein as the "FEIS/EIR." The FEIS/EIR along with its Addendum and Supplement is a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, Addendums and Supplement considered the potential environmental impacts associated with development on the former MCAS Tustin. The applicant submitted a focused access analysis, trip generation study that specifically looked at the traffic patterns and volumes, signal warrant analysis and queuing analysis of the proposed development. The Public Works Department reviewed the studies and determined that the proposed development is within the thresholds identified in the FEIS/EIR. An Environmental Checklist (Attachment F to the agenda report, Exhibit A) has been prepared and concluded that the proposed actions do not result in any new significant environmental impacts or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 8-12) City Council November 1, 2016 Meeting Agenda Page 7 of 10 8. ORDINANCE NO. 1475 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2016 CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL CODES WITH CERTAIN APPENDICES, AND SUPPLEMENTAL REGULATIONS, AND ADOPTING AMENDMENTS THERETO Every three years, the State of California Building Standards Commission selects and adopts new construction regulations substantially based on nationally published model codes (although some codes/regulations have not been updated by the State as noted below). Collectively, these State regulations are known as the California Code of Regulations (CCR), Title 24, the "California Building Standards Code." State law requires the 2016 California Building Standards Code to apply to all cities within California effective January 1, 2017. However, the State of California's Health and Safety Code permits local governments to adopt amendments to the California Building Standards Code when they are administrative or procedural, or when there are local climatic, geological or topographical conditions that exist within their communities. Proposed Ordinance No. 1475 was prepared in consultation with the Orange County Fire Authority (OCFA) and Orange County Chapter of the International Code Council. City Council approval of Ordinance No. 1475 would adopt the 2016 Building Standards Code with certain Appendices and supplemental regulations. Recommendation: That the City Council: 1. Adopt Resolution 16-64 setting forth findings as to local climatic, geographic or topographic conditions within the City of Tustin which make it reasonably necessary to make certain amendments to the 2016 Building Standards Code; 2. Introduce and have first reading of Ordinance No. 1475 and set for second reading at the Council's November 15, 2016 meeting. RESOLUTION NO. 16-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE NECESSARY CERTAIN MODIFICATIONS AND CHANGES TO THE 2016 CALIFORNIA BUILDING STANDARDS CODE ORDINANCE NO. 1475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING CODE AMENDMENT 2016-02 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING THE 2016 CALIFORNIA BUILDING STANDARDS CODE, RELATED MODEL City Council November 1, 2016 Meeting Agenda Page 8 of 10 CODES WITH CERTAIN APPENDICES, AND CERTAIN SUPPLEMENTAL REGULATIONS, INCLUDING: THE CALIFORNIA ADMINISTRATIVE CODE, 2016 EDITION; THE CALIFORNIA BUILDING CODE, 2016 EDITION, ADDING APPENDIX N, THE CALIFORNIA RESIDENTIAL CODE, 2016 EDITION, INCLUDING APPENDIX O; THE CALIFORNIA FIRE CODE, 2016 EDITION, INCLUDING APPENDICES B, BB, C, CC, AND H; THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2016 EDITION; THE CALIFORNIA PLUMBING CODE, 2016 EDITION; THE CALIFORNIA MECHANICAL CODE, 2016 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2016 EDITION; THE CALIFORNIA ENERGY CODE, 2016 EDITION; THE CALIFORNIA HISTORICAL BUILDING CODE, 2016 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2016 EDITION; THE CALIFORNIA REFERENCED STANDARDS CODE, 2016 EDITION; THE UNIFORM HOUSING CODE, 1997 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2015 EDITION; WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS. 9. AUTHORIZATION TO SELL THE CITY OF TUSTIN-OWNED HOME AT 27 LOOK OUT LANE The Tustin Housing Authority is seeking authorization to sell 27 Look Out Lane to William Lan and Wei-Ling Chang. Recommendation: That the Tustin Housing Authority Commission: 1. Approve the sale of the City of Tustin-owned home at 27 Look Out Lane, located in the Tustin Field I development; and 2. Recommend the City Council take the necessary steps to authorize the transaction. That the City Council: 1. Approve the California Residential Purchase Agreement And Joint Escrow Instructions ("Purchase Agreement") for the sale of the City- owned home at 27 Look Out Lane, located in the Tustin Field I development; and 2. Authorize the City Manager to negotiate terms as deemed necessary by the City Manager to conclude the transaction; and 3. Authorize the City Manager to execute all transaction documents, including the Purchase Agreement. City Council November 1, 2016 Meeting Agenda Page 9 of 10 10. WATER CONSERVATION UPDATE - SEPTEMBER 2016 As a result of the drought, the City of Tustin is required to provide the State Water Resources Control Board with a monthly report regarding water consumption and restrictions. This report summarizes the information provided to the State for the month of September 2016 and provides the City Council and the public with general information on previous and upcoming actions taken by the City Recommendation: That the City Council receive and file this report 11. MONUMENT SIGNS AT CITY ENTRIES Design for the Median Landscape Renovation project (CIP No. 10074) is currently underway. It is proposed that as part of the project, the monument signs at some of the City entries be removed and replaced. Design alternatives are now available for review and staff is seeking input from the City Council and the Community. Recommendation: That the City Council review the attached entry monument signage design concepts and provide staff direction to further refine concepts for design and construction. 12. SECOND READING AND ADOPTION OF ORDINANCE NO. 1474 Ordinance No. 1474 amends Tustin City Code (TCC) TO allow the City Council to conduct business during Regular Meetings at locations other than the Council Chamber when deemed necessary. Recommendation: Have second reading by title only and adoption of Ordinance No. 1474 (roll call vote). ORDINANCE NO. 1474 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1301 OF THE TUSTIN CITY CODE RELATING TO MEETING DATES OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, November 15, 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 November 1, 2016 Meeting Agenda Page 10 of 10