HomeMy WebLinkAbout00 CC AGENDA 11-15-16
CITY OF TUSTIN REGULAR NOVEMBER 15, 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 #2401
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 LEGAL COUNSEL – EXISTING LITIGATION \[Government
Code § 54956.9(a)\] – One Case
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. Name of Claim: Brian Chupp
Case Nos: WCAB #ADJ10106276 and WCAB #ADJ10106277
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS \[Government Code §
54956.8\] – (1 case)
A. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
Address/Description 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, Director of Economic Development
Negotiating Parties OliverMcMillan Tustin Legacy Inc.
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 #2401
INVOCATION – Mayor Pro Tem Bernstein
PLEDGE OF ALLEGIANCE – Councilmember Murray
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney David E. Kendig
PRESENTATION – Recognition of Audit Commissioner Thomas Stroud
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 15, 2016
Meeting Agenda Page 2 of 11
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 4)
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 SPECIAL CLOSED SESSION MEETING HELD ON NOVEMBER 1, 2016
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council and the Special Closed Session Meeting
held on November 1, 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: That the City Council approve Payroll in the amounts of
$739,053.47; and demands in the amount of $4,135,929.22.
4. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF BRIAN CHUPP
Adoption of the attached Resolution will certify that Brian Chupp is industrially
disabled from his position of Police Officer and enable CalPERS to process his
retirement.
Recommendation: Adopt Resolution No. 16-65 finding that Police Officer
Brian Chupp is industrially disabled from performing the duties of his position.
RESOLUTION NO. 16-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT BRIAN CHUPP, A LOCAL SAFETY MEMBER,
City Council November 15, 2016
Meeting Agenda Page 3 of 11
IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER
REGULAR BUSINESS ITEM
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Item 5)
5. ON-STREET PARKING IN OLD TOWN RESIDENTIAL AREA
During the past several years, Old Town residents have expressed concerns
about the negative impacts related to an increase in on-street parking in the Old
Town residential area. Concerns were expressed at the various public
workshops and public hearings held on the subject of second residential units in
Old Town Tustin in 2013, 2014, and 2015. To address these concerns, the City
Council directed staff on September 15, 2015, to take several actions including
outreach, facilitation of permit parking requests, and increased enforcement.
City staff then met with impacted residents and members of the Tustin Acres
Homeowners Association Board, surveyed available on-street parking capacity,
and conducted a parking study in conjunction with the preparation of the
Downtown Commercial Core Plan, while the Police Department continued its
enforcement of illegally parked vehicles.
On September 27, 2016, the Planning Commission considered the Vintage
project, a request to subdivide a 6.81-acre lot for condominium purposes to
construct 140 residential units at the southwest corner of Sixth Street and B
Street. At the public hearing, Old Town residents again expressed concerns
regarding on-street parking. The Planning Commission recommended that the
City Council approve the proposed project and that staff communicate public
comments to the Council related to parking concerns in Old Town Tustin
residential neighborhoods.
This report summarizes the general concerns related to on-street parking in the
Old Town residential area and the City's 2015 Old Town parking survey and
findings; and recommends additional actions for the Council's consideration.
Recommendation: That the City Council:
1. Direct staff to take the following actions to further address the issue of
on-street parking in the Old Town residential area:
a. Update the 2015 parking study by counting and analyzing on-
street vehicles in the Old Town residential area (see location
map);
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b. Conduct a resident survey to assess the issue and gather input;
c. Hold community workshops on the issue of parking in the Old Town
residential area;
d. Meet with apartment managers and owners in Old Town and the
vicinity;
e. Study potential parking impacts to the entire Old Town area in
conjunction with the proposed Downtown Commercial Core Plan;
f. Continue to outreach to the residents of the Tustin Acres community
to encourage the use of available on-site parking spaces and reduce
parking impacts within the Old Town residential area;
g. Establish additional permit parking zones on single-family streets, if
desired and necessary;
h. Continue to enforce the California Vehicle Code for illegally parked
cars obstructing sidewalks, driveways and/or accessible ramps; and,
i. Continue to enforce illegally constructed or converted structures.
2. Direct staff to report back to the City Council with the results of the
community workshops, resident survey, meetings, updated parking
study, and other efforts to provide the basis for a recommended
strategy for Council consideration.
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 6 and 7)
6. 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 passive mini park and other amenities. The site is located on
the southwest corner of Sixth Street and B Street. The proposed project
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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, 4326, 4327 and 4328
recommending that the City Council approve the proposed project and
recommended staff communicate public comments related to parking concerns
in Old Town Tustin residential neighborhoods to the City Council.
On October 18, 2016, the City Council continued this item to November 15,
2016, at the request of the applicant. The applicant requested the continuance
to allow time to respond to the Planning Commission's request that they provide
additional architectural elevations to the City Council.
Recommendation: That the City Council adopt:
1. Resolution No. 16-55, finding that the Mitigated Negative Declaration is
adequate for GPA 2016-01, ZC 2016-001, SUB 2016-03/TTM 17993 for
condominium purposes, DA 2016-002 and DR 2016-004 for the
proposed project.
2. Introduce and have first reading by title only of Ordinance No. 1473 for
approval of Development Agreement 2016-002 to facilitate the
development of an approximate 6.81 acre site and accept public benefits
and authorize the City Manager to execute DA 2016-002.
3. Resolution No. 16-56 approving GPA 2016-01 to change the property's
General Plan Land Use Designation from Industrial (1) to Planned
Community Residential (PCR)
4. Introduce and have first reading by title only of Ordinance 1472 for ZC
2016-001 to change the zoning from Planned Industrial (PM) to Planned
Community-(P-C)
5. Resolution No. 16-57 approving SUB 2016-03/Tentative Tract Map
17993 for condominium purposes to subdivide an approximately 6.81
acre site into two (2) numbered lots and one (1) lettered lot and Design
Review 2016-004 for the design and site layout of 140 residential
condominium units and associated amenities.
RESOLUTION NO. 16-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT THE MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING PROGRAM PREPARED
IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL
DOCUMENT FOR GENERAL PLAN AMENDMENT 2016-01, ZONE CHANGE
2016-001, SUB 2016-03/TENTATIVE TRACT MAP 17993 FOR
CONDOMINIUM PURPOSES, DESIGN REVIEW 2016-004 AND
DEVELOPMENT AGREEMENT 2016-002 FOR THE DEVELOPMENT OF
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ONE-HUNDRED FORTY (140) RESIDENTIAL CONDOMINIUMS ON AN
APPROXIMATE 6.81-ACRE SITE LOCATED AT 320-438 WEST 6TH STREET
AND 620-694 SOUTH B STREET
RESOLUTION NO. 16-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 2016-01 TO
CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
INDUSTRIAL (1) TO PLANNED COMMUNITY-RESIDENTIAL (PCR) FOR THE
PROPERTY LOCATED AT 320-438 WEST 6T" STREET AND 620-694 S. B
STREET
RESOLUTION NO. 16-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING AND DESIGN REVIEW 2016-004 AND
SUBDIVISION 2016-03/ TENTATIVE TRACT MAP 17993 FOR
CONDOMINIUM PURPOSES TO SUBDIVIDE AN APPROXIMATE 6.81-ACRE
SITE INTO TWO (2) NUMBERED LOTS AND ONE (1) LETTERED LOT FOR
THE DEVELOPMENT OF ONE-HUNDRED FORTY (140) CONDOMINIUM
RESIDENCES LOCATED AT 320-438 WEST SIXTH STREET AND 620-694
SOUTH B STREET
ORDINANCE 1472
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING ZONE CHANGE 2016-001, AMENDING THE ZONING
DESIGNATION FROM PLANNED INDUSTRIAL (PM) TO PLANNED
COMMUNITY (PC) TO ACCOMMODATE THE CONSTRUCTION OF A ONE-
HUNDRED FORTY (140) UNIT RESIDENTIAL CONDOMINIUM PROJECT AT
320-438 WEST SIXTH STREET AND 620 -694 SOUTH B STREET
ORDINANCE NO. 1473
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING DEVELOPMENT AGREEMENT (DA) 2016-002 BETWEEN THE
CITY OF TUSTIN AND INTRACORP SO CAL-1, LLC TO FACILITATE THE
DEVELOPMENT OF ONE-HUNDRED FORTY (140) RESIDENTIAL
CONDOMINIUM UNITS ON AN APPROXIMATE 6.81 ACRE SITE LOCATED
AT 320-438 W. SIXTH STREET AND 620-694 S. B STREET
7. REVOCATION OF CONDITIONAL USE PERMIT 2015-05 AND DESIGN
REVIEW 2015-005 AND RECOVERY OF ENFORCEMENT COSTS, IVY
LOUNGE, 14001 NEWPORT AVENUE
Note: This matter was continued from the September 20, 2016 City Council
meeting.
On April 28, 2015, the Tustin Planning Commission approved Conditional Use
City Council November 15, 2016
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Permit (CUP) 2015-05 for on-site sale of beer and wine and Design Review
(DR) 2015-005 for outdoor seating associated with Ivy Lounge restaurant
located at 14001 Newport Avenue, Unit A. Immediately following Planning
Commission approval, the restaurant owner repeatedly violated multiple
conditions of approval which were subsequently deemed detrimental to the
health, safety, morals, comfort and general welfare of public. Tustin City Code
(TCC) Section 9293 requires City Council consideration of any proposed
revocation of a Conditional Use Permit following a Planning Commission
hearing and recommendation on the matter.
On July 12, 2016, the Planning Commission adopted Resolution No. 4313
recommending that the City Council revoke CUP 2015-05 and DR 2015-005.
City Council approval for associated enforcement cost recovery was also
requested. Prior to Tustin City Council consideration of the matter on
September 20, 2016, the City Council heard testimony from the restaurant
owner and his legal counsel that the sale of the restaurant was imminent and a
request that City Council action to revoke CUP 2015-05 and DR 2015-005 be
delayed to provide additional time for the restaurant owner to sell his business.
In response, the City Council continued the matter until the November 15, 2016,
City Council meeting. Since that time, the restaurant has not been sold.
However, on November 8, 2016, staff received an email communication from
the restaurant owner's attorney that included a copy of an Agreement to
Conditions Imposed signed by the prospective owner of the restaurant and a
request for an additional 30-day extension.
Recommendation:
Staff supports the requested extension and recommends
that the City Council continue the matter to the City Council meeting of
December 20, 2016.
REGULAR BUSINESS ITEMS CONTINUED
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 8-11)
8. DESIGN REVIEW 2016-026, SIMON RANCH RESERVOIR, BOOSTER PUMP
STATION, AND PIPELINE REPLACEMENT PROJECT (CIP 60114)
Design Review 2016-026 is a City of Tustin Water project that involves the
demolition of the existing 1.4 million gallon Simon Ranch Reservoir at 11811
Outlook Lane and the construction of a new 1.0 million gallon concrete domestic
water tank on the same site. Also proposed are a new on-site below-ground
booster pump station with emergency backup power generator, retaining and
screen walls, landscaping and irrigation, and off-site pipeline improvements.
The proposed project would provide vital system-wide operational, fire
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suppression, and emergency storage for the Tustin Water Service Area.
Recommendation:
That the City Council take the following actions:
1. Adopt Resolution No. 16-66 approving the Final Mitigated Negative
Declaration as adequate for Design Review 2016-026 for the Simon
Ranch Reservoir Replacement project and adopting a Mitigation
Monitoring and Reporting Program;
2. Adopt Resolution No. 16-67 approving Design Review 2016-026 to
demolish the existing 1.4 million gallon Simon Ranch Reservoir at 11811
Outlook Lane and construct a new 1.0 million gallon partially -buried
concrete domestic water tank and related improvements on the same
site; and
3. Authorize the Director of Public Works, or his designee, to initiate
discussions with property owners, make offers, and execute agreements
for the acquisition of temporary construction easements and perpetual
pipeline easements.
RESOLUTION NO. 16-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING THE FINAL MITIGATED NEGATIVE
DECLARATION AS ADEQUATE FOR DESIGN REVIEW 2016-026, AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AS
REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
RESOLUTION NO. 16-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING DESIGN REVIEW 2016-026 FOR THE SIMON RANCH
RESERVOIR REPLACEMENT PROJECT AT 11811 OUTLOOK LANE.
9. SECOND READING AND ADOPTION OF ORDINANCE NO. 1471
Ordinance No. 1471 amends the Tustin City Code (TCC) by approving
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.
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1471 (roll call vote).
City Council November 15, 2016
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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
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1475
Ordinance No. 1475 amends Chapter 1 of Article 8 of the Tustin City Code
(TCC) by adopting the 2016 California Building Standards code, related model
codes with certain appendices, and supplemental regulations, and adopting
amendments thereto.
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1475 (roll call vote).
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
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
11. DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH FLIGHT
VENTURE LLC (AKA LINCOLN PROPERTY COMPANY COMMERCIAL,
INC./ALCION VENTURES, LLC)
Authorization is requested to approve the DDA between Flight Venture LLC
(Developer) and the City for FLIGHT. The DDA specifies the terms and
City Council November 15, 2016
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conditions under which the City -owned property, formerly known as
Cornerstone 1, will be conveyed and developed by Flight Venture LLC. The
purpose of the DDA is to effectuate, through the development and maintenance
of the property, the Reuse Plan for MCAS Tustin and the Specific Plan for
Tustin Legacy.
Recommendation: Authorize the City Manager to execute the DDA between
the Flight Venture LLC and City 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.
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT
– The next meeting is scheduled for Tuesday, December 6, 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 15, 2016
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