HomeMy WebLinkAbout02 CC MINUTES 11.15.16 Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
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
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY AND SPECIAL CLOSED SESSION MEETING OF
THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER— Meeting #2401 at 5:35 p.m.
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, and Councilmembers
Rebecca Gomez, Al Murray and Charles E. Puckett
Absent: None
City Clerk: Erica N. Rabe, City Clerk
Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney
PUBLIC INPUT — None
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)
City Council November 15, 2016
Meeting Minutes Page 1 of 18
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
A. Name of Claim: Brian Chupp
Case Nos: WCAB #ADJ 10106276 and WCAB #ADJ 10106277
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — (2 cases)
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
B. Property 64, 65 (portion of), 66, 67, 68, 69, 70 (portion of)
Address/Description
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and John
Buchanan, Director of Economic Development
Negotiating Parties Lincoln Property Company Commercial
Under Negotiation Price and Terms of Payment
Recessed at 5:36 p.m.
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER— Meeting #2401 at 7:26 p.m.
INVOCATION — Mayor Pro Tem Bernstein
PLEDGE OF ALLEGIANCE — Councilmember Murray
City Council November 15, 2016
Meeting Minutes Page 2 of 18
ROLL CALL — City Clerk
Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, and Councilmembers
Rebecca Gomez, Al Murray and Charles E. Puckett
Absent: None
City Clerk: Erica N. Rabe, City Clerk
Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
discussed Items 3 and 4 on the Regular Meeting Agenda and Item 1 on the Special
Meeting Agenda; however did not discuss Items 1 and 2 on the Regular Meeting Agenda.
There was no reportable action.
PRESENTATION — Mayor Nielsen presented a Proclamation to Outgoing Audit
Commissioner Thomas Stroud
ORAL COMMUNICATION/PUBLIC INPUT —
1. Linda Jennings
2. Micha Barba
3. Chris Bostwick
4. John Garay
CONSENT CALENDAR ITEMS 1-4
It was moved by Councilmember Puckett and seconded by Councilmember Murray to
move the balance as recommended by staff.
Motion carried 5-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Motion: 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
City Council November 15, 2016
Meeting Minutes Page 3 of 18
Motion: 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.
Motion: 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.
Motion: 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,
IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER
REGULAR BUSINESS ITEM 5
5. ON-STREET PARKING IN OLD TOWN RESIDENTIAL AREA
PowerPoint presentation by Principal Planner Scott Reekstin
Director of Community Development Elizabeth A. Binsack noted for the record
that the City received a parking petition signed by eleven residents.
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
City Council November 15, 2016
Meeting Minutes Page 4 of 18
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.
Public Input:
1. Sharon Jones
2. Kim DeBenedetto
3. Lynn Smith
4. James Gominsky
It was moved by Councilmember Murray and seconded by Councilmember
Gomez to:
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);
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
City Council November 15, 2016
Meeting Minutes Page 5 of 18
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.
Motion carried: 5-0
PUBLIC HEARING ITEMS 6-7
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
PowerPoint Presentation by Director of Community Development Elizabeth A.
Binsack
PowerPoint presentation by Peter Launer (Applicant)
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
requires approval of a General Plan Amendment, Zone Change, Tentative Tract
Map, Design Review and Development Agreement. On September 27, 20167
the Planning Commission adopted Resolution Nos. 4325, 43267 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.
City Council November 15, 2016
Meeting Minutes Page 6 of 18
Public Input:
1. Steve Lamotte
2. Eric Higuchi
3. James Gominsky
4. Cris Cusac
5. John Garay
6. Bill Mclmerney
7. John Moore
8. Chuck McCance
9. Laurie Loveret
10. Paul Lee
11.Alex Avery
12. Don McDugal
13. Denise Menard
14. Robert Schwichtenberg
15. Lyann Collins
16.Spencer Gilberath
17. Lindburgh McPherson
18. Lynn Smith
19.Mark Wilkon
20.Tina Blenz
Recessed at 9:35 p.m.
Reconvened at 9:42 p.m.
Public Input (continued):
21. Peter Launer (Applicant)
Public hearing closed at 9:46 p.m.
It was moved by Councilmember Murray and seconded by Mayor Pro Tem
Bernstein to 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.
City Council November 15, 2016
Meeting Minutes Page 7 of 18
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.
Motion carried: 4-1 (Councilmember Gomez dissented)
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
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 67 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
City Council November 15, 2016
Meeting Minutes Page 8 of 18
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
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
City Council November 15, 2016
Meeting Minutes Page 9 of 18
Conditions Imposed signed by the prospective owner of the restaurant and a
request for an additional 30-day extension.
It was moved by Councilmember Murray and seconded by Mayor Nielsen to
continue the item to the City Council meeting of December 20, 2016.
Motion carried: 5-0
REGULAR BUSINESS ITEMS CONTINUED 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
suppression, and emergency storage for the Tustin Water Service Area.
It was moved by Councilmember Puckett and seconded by Mayor Nielsen 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.
Motion carried: 5-0
RESOLUTION NO. 16-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING THE FINAL MITIGATED NEGATIVE
City Council November 15, 2016
Meeting Minutes Page 10 of 18
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.
It was moved by Mayor Pro Tem Bernstein and seconded by Mayor Nielsen to
have second reading by title only and adoption of Ordinance No. 1471 (roll call
vote).
Motion carried 5-0
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.
It was moved by Mayor Pro Tem Bernstein and seconded by Mayor Nielsen to
second reading by title only and adoption of Ordinance No. 1475 (roll call vote).
Motion carried: 5-0
ORDINANCE NO. 1475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
City Council November 15, 2016
Meeting Minutes Page 11 of 18
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)
PowerPoint presentation by Director of Economic Development John Buchanan
Authorization is requested to approve the DDA between Flight Venture LLC
(Developer) and the City for FLIGHT. The DDA specifies the terms and
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.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Murray to 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.
Motion carried: 5-0
City Council November 15, 2016
Meeting Minutes Page 12 of 18
OTHER BUSINESS/COMMITTEE REPORTS
City Manager Jeffrey C. Parker
Recognized and thanked Economic Development & Housing Manager, Jerry Craig;
Management Analyst, Kenneth Piguee; Economic Development Project Manager, Ryan
Swiontek; Director of Community Development, Elizabeth A. Binsack; Assistant Director of
Community Development Justina Willkom; Director of Public Works, Douglas S. Stack;
Deputy Public Works Director, Ken Nishikawa; Deputy City Manager, Matthew West; and
City Attorney, David E. Kendig for all their hard work and long hours they put into the
Disposition and Development Agreement for the Flight project at the Tustin Legacy.
Thanked Land Use and Development Attorney, Amy Freilich for her special legal counsel;
specially thanked Director of Economic Development, John Buchanan for putting the
entire project together.
Councilmember Puckett
Thanked Tustin residents for voting for him for another four-year term on the Tustin City
Council; thoroughly enjoyed the past four years serving with the current council; this is last
term, looking forward to serving the residents of Tustin; humbled with being voted in
again.
November 2
Attended the Ribbon Cutting Ceremony at Wokcano Restaurant at the Tustin market
Place.
November 5
Attended the Boys and Girls Club of Tustin's 50th Anniversary Gala at the Discovery Cube
Orange County; Eddie Money was the entertainment for the evening; several thousand
dollars was raised for the Boys and Girls Club; was a great event.
November 6
Attended the Tustin Public Schools Foundation 26th Annual Dino Dash; was a
phenomenal success; congratulated the Tustin Public Schools Foundation on another
great job.
November 8
Was happy with the results of the Tustin elections; congratulated Mayor Pro Tem
Bernstein on his re-election and newly elected Letitia Clark.
November 9
Attended the Tustin Chamber of Commerce Breakfast; Officer Ralph Casiello was
recognized as Officer of the Month; congratulated Chief Charles F. Celano on the strength
of the Tustin Police Department and their wonderful staff.
November 10
Attended the Transportation Corridor Agencies Board meeting; signed a historical
City Council November 15, 2016
Meeting Minutes Page 13 of 18
document which settled thirty years of lawsuits between the Transportation Corridor
Agencies (TCA) and many other environmental agencies; monumental in completing
Highway 241 Toll Road; thanked TCA Chief Executive Officer Michael Kraman, for
working with all the groups in bringing them together on this historic occasion.
November 12
o Attended the Ribbon Cutting Ceremony for Chronic Tacos.
o Attended the special opening of Mendocino Farms inside Whole Foods at the
District of Tustin.
November 13
Attended the Totally Tustin Food and Wine Festival; twenty-seven restaurants were
represented; well attended event; a lot of money was raised to sponsor the creation and
placement of a bust of Columbus Tustin which will be displayed somewhere in Old Town
Tustin; thanked Lindburgh McPherson and the Tustin Chamber of Commerce for the fine
job they did with the event.
November 15
Attended the Chamber of Commerce Mixer at the Black Marlin.
Councilmember Gomez
November 6
Volunteered at the Tustin Public Schools Foundation 26th Annual Dino Dash and helped
to kick-off the 2K race with Mayor Nielsen and other officials; thanked all the volunteers
and participants that made the race a success.
November 10
Attended the Santa Ana Unified School District and Public Schools Foundation Breakfast;
presentation by Santa Ana Unified School District Superintendent Dr. Stefanie Phillips,
was very informative; great to see what's happening in their schools and to hear from their
students.
November 13
Attended the Totally Tustin Food and Wine Festival; seemed to be an overflow of a crowd;
great food, good company; thanked to the volunteers and the vendors who participated.
Thanked everyone for attending the council meeting and talking about Old Town Tustin;
nice to see residents' enthusiasm and to get their feedback; hope to see the Vintage
Project be a successful project.
Expressed criticism for a candidate who spoke at the Tustin Chamber of Commerce
Candidate Forum on October 27th who mentioned building a wall; and for another elected
official at a different community event who further commented on the building the wall
remark.
City Council November 15, 2016
Meeting Minutes Page 14 of 18
Councilmember Murray
November 2
Attended the Orange County Business Council (OCBC) Economic Forecast Conference;
was very informative.
November 3
o Attended the Association of California Cities of Orange County (ACCOC)
Legislative and Regulatory Committee meeting.
o Los Angeles-San Diego-San Luis Obispo Rail Corridor (LOSSAN) Executive Board
meeting; Metrolink is expanding in terms or ridership which is a good sign because
people are using the train as an alternative in transportation.
November 4
Attended a special leadership presentation by Navy Seal Jocko Willink at the Orange
County Fire Authority (OCFA); presentation was based on Jocko's book "Extreme
Ownership"; was great to see many Tustin Police Department, Irvine Police Department,
and OCFA personnel in attendance, as well as other agencies all over the county; County
Supervisor Todd Spitzer and Irvine Councilmember Jeff Lalloway was in attendance; great
presentation.
November 6
o Attended the Tustin Public Schools Foundation 26th Annual Dino Dash.
o Attended daughter Emily's gymnastics competition.
November 7
o Attended the Association of California Cities of Orange County (ACCOC)
Homelessness Task Force meeting; thanked City Manager, Jeffrey C. Parker and
Mayor Pro Tem Bernstein for their help with working with the taskforce.
o Attended the Orange County Transportation Authority (OCTA) Executive Board
meeting.
November 9
o Attended the Tustin Chamber of Commerce Breakfast; Officer Ralph Casiello was
recognized as Officer of the Month; keynote speaker was Assemblyman and soon
to be Mayor Elect for the City of Irvine Donald Wagner.
o Attended the City of Irvine 45th Anniversary Celebration.
November 10
Attended the Orange County Transportation Authority (OCTA) Transit Committee meeting;
moving forward with the OC Street Car which will go through the City of Santa Ana and
the City of Garden Grove.
November 11
Attended the Heroes Hall Dedication Ceremony which was held at the Orange County
Fairgrounds; Orange County's new military history museum will be located at the Orange
City Council November 15, 2016
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County Fairgrounds.
November 12
Attended the Ribbon Cutting Ceremony for Chronic Tacos.
November 13
o Attended the Seneca Family of Agencies National Adoption Awareness Month
Recognition at the Tustin Senior Center recognizing adopted families and their
stories.
o Attended the 2nd Annual Totally Tustin Food and Wine Festival.
November 14
Attended the Orange County Transportation Authority (OCTA) Board meeting; selected
OC 405 Partners to design and construct the $1.2 billion 1-405 Improvement Project;
number one most heavily travelled roadway in the US with over 370,000 daily drivers
between the 55 freeway to the 605 freeway.
Congratulated Mayor Pro Tem Bernstein and Councilmember Puckett on their re-election
and welcomed newly elected Leticia Clark.
Mayor Pro Tem Bernstein
November 2
Attended the Ribbon Cutting Ceremony at Wokcano Restaurant at the Tustin Market
Place; welcomed the owner of Wokcano's, Mr. Kwan to Tustin.
November 3
Attended the Association of California Cities of Orange County (ACCOC) Legislative and
Regulatory Committee meeting; looking forward in taking a more active role with new bills
going through Sacramento.
November 5
Attended the Boys and Girls Club of Tustin's 50th Anniversary Gala at the Discovery Cube
Orange County; Eddie Money was the entertainment for the evening; a significant amount
of money was raised for a great cause; thanked everyone who was involved in making the
Gala a successful event.
November 6
Attended the Tustin Public Schools Foundation 26th Annual Dino Dash; congratulated the
Tustin Public Schools Foundation on another great job.
November 7
Attended the Association of California Cities of Orange County (ACCOC) Homelessness
Task Force meeting; the City of Tustin is a leader in addressing the homelessness issue;
thanked all those who attended the meeting and are making every effort to end
homelessness in Orange County.
November 8
City Council November 15, 2016
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Congratulated Councilmember Puckett for his re-election and welcomed newly elected
Letitia Clark; thanked all the residents in Tustin for their support; looking forward to an
exciting next four years.
November 11
Celebrated Veterans Day; thanked all veterans and their families; looking forward to
upcoming events celebrating veterans and military personnel.
November 12
Attended the Ribbon Cutting Ceremony at Chronic Tacos with Councilmember Puckett.
November 13
Attended the Totally Tustin Food and Wine Festival; twenty-seven restaurants were
represented; congratulated Lindburgh McPherson and the Tustin Chamber of Commerce
on a great event; looking forward to the ribbon cutting for the Columbus Tustin bust.
Thanked everyone for their support on his re-election
Addressed criticism regarding comments made at the Candidate Forum and encouraged
those who have concerns to address them directly with him.
Mayor Nielsen
Announced the past eight years that he has enjoyed working with the residents,
volunteers, and staff; has tremendous amount of respect for city staff and all the extra
effort they put into projects; thanked Director of Community Development, Elizabeth
Binsack for being so kind and helpful when first joining the Planning Commission in 2002.
Announced he had the pleasure of sitting on the Orange County Sanitation Board and
being the chairman for the past eighteen months; very proud of the team effort they put
together.
November 2
Attended the Operations Committee meeting for the Orange County Sanitation District;
one of the larger projects currently is the rehab of the Ocean Outfall; a 28.5 million dollar
project.
November 6
Attended the Tustin Public Schools Foundation 26th Annual Dino Dash; was a lot of fun to
see the kids on the course.
November 8
Attended the Orange County Sanitation District Legislative and Public Affairs Committee
meeting; went through many of the bills that affect wastewater and water management,
trying to get issues handled; did a lot of consulting on water recycling; looked at future
items, the state is going to require one hundred percent water recycling for all areas of
City Council November 15, 2016
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California by 2030.
November 9
o Attended the Tustin Chamber of Commerce Breakfast.
o Attended the Orange County Sanitation District Administration Committee meeting;
recommended to refinance their bond obligation in the amount of 91.6 million
dollars.
November 10
o Attended the Community Economic and Human Development Committee meeting.
o Attended the Regional Council meeting.
o Attended the City Selection.
November 11
Celebrated Veterans Day and thanked all Veterans and military personnel for their
service.
November 13
Attended the Totally Tustin Food and Wine Festival; had a lot of fun.
Announced the speaker at the Tustin Chamber of Commerce Breakfast was
Assemblyman and Mayor-Elect for the City of Irvine Donald Wagner; recommended to the
upcoming administration to recognize the Officer of the Month at City Council meetings to
show the public what officers do for the community
Announced the Thanksgiving card donation, $5,800.00 has been raised in donations;
please donate to the Tustin adopted squadrons.
ADJOURNED at 10:35 p.m. 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
Meeting Minutes Page 18 of 18