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Home My WebLink AboutCC MINUTES 11-15-16I CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY Dr. Allan Bernstein, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Chades E. Puckett, Councilmember NOVEMBER 15, 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 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 #24011 at 5:35 p.m. ATTENDANCE Present. Mayor John N,iellsen, 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) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) City Council November 15, 2016 Meeting Minutes Page 1 of 18 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 Address/Description Agency City Negotiators Negotiating Parties Under Negotiation B. Property Address/Description Agency City Negotiators Negotiating Parties Under Negotiation Recessed at 5:36 p.m. 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 City of Tustin Jeffrey C. Parker, City Manager and John Buchanan, Director of Economic Development OliverMcMillan Tustin Legacy Inc. Price and Terms of Payment 64, 65 (portion of), 66, 67, 68, 69, 70 (portion of) City of Tustin Jeffrey C. Parker, City Manager and John Buchanan, Director of Economic Development Lincoln Property Company Commercial NJ Price and Terms of Payment MINUTES OF THE REGULAR MEETING OF THE C" COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00, P.M. CALL TO ORDER — Meeting #2401 at 7:26 p.m. INVOCATION — Mayor Pro Tern 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 COMMUNICATIONIPUBLIC INPUT — 1. Linda Jennings 2. Micha Barba 3. Chris Bostwick 4. John Garay CONSENT CALENDAR ITEM'S 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 Motion: That the City Council, approve the Action Minutes of the Regular City Councii November 15, 2016 Meeting Minutes Pa!ge 3 of 18 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 Chiuipp is industrially disabled from his position of Police Officer and enable CaIP,ERS 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. RESOLUTN NO. 16 - T A RESOLIOUTION OFHE 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 20,13, 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 City Council November 15, 2016 Meeting Minutes Page 4 of 18 Downtown Commercial Core Plan, while the Police Department continued its trenforcement 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 Gominisky It was moved by Coun,cilmember Murray and seconded by Coluniciilmember 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 ands 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 to encourage the use of available on-site parking spaces and reduce parking, impacts within the Old Town residential area; City Council November 15, 2016 Meeting Minutes Page 5 of 18 g. Establish additional permit parking zones on single-farnily streets, if desired and necessary; I 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 2111643/TENTATIVE TRACT MAP 117993, 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. Binsaick PowerPoint presentation by Peter Launer (Applicant) The project is a request to subdivide a 6.61 -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 ands B Street. The proposed project requires approvall 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. Public Input: City Council November 15, 2016 Meeting Minutes Page 6 of 1 a Recessed at 9:35 p.m. L1011 1/l/ Reconvened at 9:42 p.m. Public Input (continued'): 21. Peter L a u ne r (Applicant} Public hearing closed at 9:46 p.m. It was moved by Counicilmemb,er Murray and secondedi by Mayor Pro Tern 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 2016-00,2 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. Lill3. Resolution No. 16-56 approving GPA 2016-01 to change the property's General Plan Land Use Designation from Industrial (1) to Planned, City Council November 15, 2016 Meeting Minutes Page 7 of 18 1 . Steve Lamotte 2. Eric Higuchi 3. James Gominsky 4. Cris Cusac 5. John Garay 6. Bill McImerney 7. John Moore 8. Chuck McCance 9. Laurie Loveret 10. Paul Lee 11. Alex Avery 12. Don McDugal 13. Denise Menard 14. Robert Schwichtenberg 15.1-yann Collins 16. Spencer Gilberath 17. Lindburgih, McPherson 18. Lynn Smith 19. Mark Wilkon 20. Tina Blenz Recessed at 9:35 p.m. L1011 1/l/ Reconvened at 9:42 p.m. Public Input (continued'): 21. Peter L a u ne r (Applicant} Public hearing closed at 9:46 p.m. It was moved by Counicilmemb,er Murray and secondedi by Mayor Pro Tern 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 2016-00,2 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. Lill3. Resolution No. 16-56 approving GPA 2016-01 to change the property's General Plan Land Use Designation from Industrial (1) to Planned, City Council November 15, 2016 Meeting Minutes Page 7 of 18 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 2016-03ITentative 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 (Council:member 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 1799:3 FOR CONDOMINIUM PURPOSES, DESIGN REVIEW 20,16-004 AND DEVELOPMENT AGREEMENT 2016-00:2 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 COMM U N ITY-RES IDENTIAL (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 City Council November 15, 2016 Meeting MhWeS Page 8 of 18 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 3201-438 WEST SIXTH STREET AND 620 -694 SOUTH 8 STREET ORDINANCE NO, 1473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2016-0102 BETWEEN THE CITY OF TUSTIN AND IN�TRACORP 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 2015-0015 AND RECOVERY OF ENFORCEMENT COSTS, IVY LOUNGE, 140,01 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 publlic. 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 emailcommunication from the restaurant owner's attorney that included a copy of an Agreement to Conditions Imposed signed by the prospective owner of the restaurant ands a request for an additional 30 -day extension. City Council November 15, 2016 Meeting Minutes Page 9 of 18 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 8i 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 irrigatiion, 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 Couincilmember Puckett andl seconded by Mayor Nielsen that the City Council take the folllowing actions: 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 acqiuisition 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 DECLARATION AS ADEQUATE FOR DESIGN REVIEW 2016-026, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AS City Council November 15, 2016 Meeting Minutes Page 10 of 18 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 20,16-026 FOR THE SIMON RANCH RESERVOIR REPLACEMENT PROJECT AT 11811 OUTLOOK LANE, E 10 0 0 0 1 &1 A E "S -NMI W -.I' -IN 111 rel MA I I-XIT1101 2 t [*I 111 rel -a Eel 1' " 1"', IT M-1 1 [41 W, I Ordinance No. 1471 amends the Tustin, City Code (TCC) by approving Development Agreement (DA) 2016-0101 to facilitate the development and conveyance of an approximate 38 -acre site within the boundaries of WAS Tustin Specific Plan. The DA was intendedi to further the purpose and intent of the General Plan aind 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 Tern 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 110. 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 Tern 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, CALIFORNIA ADOPTING CODE AMENDMENT 2016-02 AMENDING CHAPTER 1 OF ARTICLE 8 OF THE TUSTIN CITY CODE AND ADOPTING November 15, 2016 Meeting Minutes Page 11 of 18 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 0; THE CALIFORNIA FIRE CODE, 2016 EDITION, INCLUDING APPENDICES B, BB, C, CC, AND HI; 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, 11997 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 (DD,A) WITH FLIGHT VENTURE LLC (AKA LINCOLN PROPERTY COMPANY COMMERCIAL, INC./ALCION VENTURES, LLC) PowerPoint presentation by Director of Economic Development John Buchanan 110JI/ 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 Tern 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 OTHER BUSINESS/COMMIITTEE REPORTS City Council November 15, 2016 Meeting Minutes Page 12 of 18 City ManaAer Jeffrey C Parker Recognized ands thanked Economic Development & Housing Manager, Jerry Craig; Management Analyst, Kenneth Piguee; Economic Development Project Manager, Ryan, Swiontek; Director of Community Development, Elizabeth, A. Bin:sack, 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 Wokcanio 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-, congratulatedthe Tustin Public School's Foundation, on, another great job. November 8 Was happy with the results of the Tustin elections; congratulated Mayor Pro Tern 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 11, Attended the Transportation Corridor Agencies Board meeting; signed a historical document which settled thirty years of lawsuits between the Transportation Corridor Agencies (TCA) and manly other environmental agencies; monumental in completing City Council November 15, 2016 Meeting Minutes Page 13 of 16 Highwaiy 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 * Attended the Ri�bbon, Cutting Ceremony for Chronic Tacos. * Attended the special opening of Mendocino Farms inside Whole Foodls 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 Lindbergh McPherson and the Tustin Chamber of Commerce for the fine job they didl with, the event. November 15 Attended the Chamber of Commerce Miixer 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 ands 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 andi, 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 2Vh who mentioned building a walil; 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 Councilmem,ber Murra, November 2 Attended the Orange County Business Council (OCBC) Economic Forecast Conference; was very informative. November 3 * Attended the Association of California Cities of Orange County (ACCOC) Legislative and Regulatory Committee meeting. * Los Angeles -San Diego -San Luis Obispo Rail Corridor (LOSSANI) Executive Board meeting; Metrolink is expanding in terms or ridership which is a goodsign 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 Council�mem,ber Jeff Laliloway was in attendance; great presentation. November 6 q, Attended the, Tustin Public Schools, Foundation 26th Annual Dino Dash. o Attended daughter Emily's gymnastics competition. November 7 * Attended the Association of California Cities of Orange County (ACCOC) Homelessness Task Force meeting;, thanked City Manager, Jeffrey C. Parker and Mayor Pro Tern Bernstein for their help with working with the taskforce. * Attended the Orange County Transportation Authority (OCTA) Executive Board meeting. November 9 * Attended the Tustin Chamber of Commerce Breakfast; Officer Ralph Casiello was recoginizedl as Officer of the Month; keynote speaker was Assemblyman and soon to be Mayor Elect for the City of Irvine Donald Wagner. * 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 County Fairgrounds. City Council November 15, 2016 Meeting Minutes Page 15 of 18 November 1,2 Attended the Ribbon Cutting Ceremony for Chronic Tacos. November 13 * Attended the Seneca Family of Agencies National Adoption Awareness Month Recognition at the Tustin Senior Center recognizing adopted families and their stories. * Attended the 2nd Annual Totally Tustin Food and' Wine Festival. Novernber 14 Attended the Orange County Transportation Authority (OCTA) Board meeting, selected OC 405 Partners to design and construct the $1.2 billion 1405 Improvement Project; number one most heavily travelledroadway in the US with over 370,000 daily drivers between the 55 freeway to the 605 freeway. Congratulated Mayor Pro, Tern Bernstein and Councilmiember Puckett on their re-election and welcomed newly elected Leticia Clark. Mayor Pro, Tern Bernstein November 2 Attended the Ribbon Cutting Ceremony at Wokcano Restaurant at the Tustin Market Place-, welcorned 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 bill's 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 Congratulated Councilm,ember Puckett for his re-election and welcomed newly elected City Council November 15, 2016 Meeting Minutes Page 10 of 1 a 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 Councilmiember 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. Ma.vor-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 sifting 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 Outfalll; 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 California by 2030. City Council November 15, 2016 Meeting Minutes Page '17 of 18 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 * Attended the Community Economic and;, Human Development Committee meeting. * Attended the Regional Council meeting. * 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 frr 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 pm. in the,,Ca,uncil hamber, 300 Centennial Way, Tustin, California. JOHN MfLSEN, E R I (A i, - RA E, Mayor '-' City Clerk City Council November 15, 201 Meeting Minutes Page 18 of 18