HomeMy WebLinkAbout00 CC AGENDA 3-4-08
CITY OF TUSTIN MARCH 4, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
#2183
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Doug Davert, Mayor Pro Tem William A. Huston, City Manager
Lou Bone, Councilmember Douglas Holland, City Attorney
Tony Kawashima, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk
Jim Palmer, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 p.m.
The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The
following items were received for the March 4, 2008
meeting of the City Council. (Agenda Items A and B)
CALL TO ORDER – Meeting #2183
ATTENDANCE
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)(E) – One(1) case
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
Property: Property identified as the Pacific Center East/Former AAE
site as legally described in the RFP issued by the Agency, a
copy of which is on file with the City Clerk’s office
Negotiators: Christine Shingleton, Assistant City Manager and Opus West
Under Negotiation: Terms and Conditions of Sale
City Council Meeting March 4, 2008
Agenda Page 1 of 10
PUBLIC MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2183
INVOCATION – Father Christopher, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Davert
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATION
Proclamation presented by Mayor Amante to Tustin Area Woman’s Club in recognition
of their 50th Anniversary
RECESS CITY COUNCIL MEETING AND CALL TO ORDER A JOINT MEETING OF
THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
PUBLIC HEARING ITEM
A public hearing provides individuals the opportunity to be heard
regarding an intended action of the City Council/Community
Redevelopment Agency related to land use or fees. (Agenda Item 1)
CITY COUNCIL ACTION
1. PUBLIC HEARING: ZONE CHANGE 08-001 - AMENDMENTS TO THE
PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS
Zone Change 08-001 consists of minor amendments to the Prospect Village
Planned Community District Regulations to allow commercial service and
professional office uses in a maximum of three (3) of the six (6) live/work units
facing Prospect Avenue and to clarify the process by which owners of
restricted units may be permitted to lease the ground floor portion of the
restricted units. Other minor amendments are also proposed.
On February 26, 2008, the Planning Commission adopted Resolution No.
4084, recommending that the City Council approve Zone Change 08-001.
City Council Meeting March 4, 2008
Agenda Page 2 of 10
Applicant: City of Tustin/Community Redevelopment Agency
Recommendations: It is recommended that the City Council:
1.a. Open and close Public Hearing;
1.b. Adopt resolution; and
RESOLUTION NO. 08-21 - A RESOLUTION OF THE CITY OF TUSTIN
CITY COUNCIL FINDING THAT ZONE CHANGE 08-001 AND THE
SECOND AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY AND PROSPECT
VILLAGE LP ARE WITHIN THE SCOPE OF THE PREVIOUSLY
APPROVED PROSPECT VILLAGE FINAL ENVIRONMENTAL
IMPACT REPORT ("FEIR")
1.c. Introduce and waive first reading of Ordinance No. 1351 by title only
and set for second reading at the Council's March 18, 2008 meeting.
ORDINANCE NO. 1351 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE
PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT
REGULATIONS (ZONE CHANGE 08-001) TO AMEND VARIOUS
SECTIONS OF THE REGULATIONS RELATED TO COMMERCIAL
SERVICE AND OFFICE USES AND OWNER/PROPRIETOR
OCCUPANCIES AND TO MAKE OTHER MINOR AMENDMENTS
COMMUNITY REDEVELOPMENT AGENCY ACTION
RDA 1. SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT 04-01 WITH PROSPECT VILLAGE L.P.
Authorization is requested for approval of a Second Amendment to the
Prospect Village Disposition and Development Agreement (DDA) 04-01 and
approval of License Agreements for Parking Rights assigned to ten addresses
from 270-290 Prospect Avenue.
Recommendations: It is recommended that the Community Redevelopment
Agency:
1.a. Adopt resolution;
RDA RESOLUTION 08-01 - A RESOLUTION OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY, TUSTIN, CALIFORNIA,
FINDING THAT PURSUANT TO SECTION 15162 OF STATE CEQA
GUIDELINES THE SECOND AMENDMENT TO DDA 04-01 IS
City Council Meeting March 4, 2008
Agenda Page 3 of 10
WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED
PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT REPORT
("FEIR")
1.b. Approve and authorize the Executive Director, or his designee, to
execute the Second Amendment to DDA 04-01 between the Tustin
Community Redevelopment Agency and Prospect Village L.P., subject
to City Council approval of Zone Change 08-001 (Amendments to the
Prospect Village Planned Community District Regulations) and any
non-substantive modifications to the Second Amendment as may be
determined necessary by the City Attorney; and
1.c. Approve and authorize the Executive Director, or his designee, to
execute ten License Agreements for Parking Rights assigned to 270,
274, 276, 278, 280, 282, 284, 286, 288 and 290 Prospect Avenue.
ADJOURN JOINT MEETING AND CALL TO ORDER THE COMMUNITY
REDEVELOPMENT MEETING “RDA” TO APPROVE ITEM(S) ON THE AGENDA.
ADJOURN RDA MEETING AND RECONVENE TO CITY COUNCIL MEETING
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 2 and 3)
2. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DENIAL OF
CONDITIONAL USE PERMIT 07-020 AT 740 EL CAMINO REAL
The project is a request to establish a dental office in a stand-alone building
located at 740 EI Camino Real, also known as Assessor Parcel Number
(APN) 401-641-01. The Planning Commission conducted public hearings on
the proposed project on December 11, 2007, January 8, 2008, and January
22, 2008. On January 22, 2008, the Planning Commission adopted Resolution
No. 4079 denying Conditional Use Permit 07-020 to establish a dental office at
740 EI Camino Real. On January 29, 2008, the property owner appealed the
Planning Commission's action to the City Council.
Applicant: Property Owner:
Dr. Ashok Mehta Dr. Sayed Mirrafati - Mira Properties, LLC
13711 Newport Ave., Ste. 11 685 Nyes Place
Tustin, CA 92780 Laguna Beach, CA 92651
Recommendation: Pursuant to Tustin City Code Section 9294(d), the City
Council could take action on one of the following alternatives:
City Council Meeting March 4, 2008
Agenda Page 4 of 10
a. Reverse or modify the decision of the Planning Commission and
direct staff to prepare a resolution approving Conditional Use Permit
07-020; or,
b. Adopt Resolution No. 08-22, denying the appeal, thus upholding the
Planning Commission's denial of Conditional Use Permit 07-020; or,
c. Remand the project back to the Planning Commission for further
proceedings.
3. PUBLIC HEARING: CONDITIONAL USE PERMIT 07-14, DESIGN REVIEW
07-15 FOR PROPOSED CONSTRUCTION OF A 7,650 SQUARE FOOT
MIXED-USE DEVELOPMENT AT 170 EL CAMINO REAL
The project is a request to construct a 7,650 square foot mixed-used
development at 170 EI Camino Real. Pursuant to TCC Sections 9252j3 and
9272, this application requires a Conditional Use Permit to allow a mixed-use
development and a Design Review for the development of the site. On
January 22, 2008, the Planning Commission continued the item to the
February 26, 2008 meeting, therefore, City Council consideration on this item
was continued to the March 4, 2008, City Council meeting. On February 26,
2008, the Planning Commission considered the project and recommended
that the City Council approve the proposed project.
Applicant: Susan Secoy, AIA, Secoy Architects
Property Owner: Paula E. Meyer, Esq.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-06 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT
07-14, DESIGN REVIEW 07-15, AND A WAIVER OF PARKING IN-
LIEU FEES TO AUTHORIZE THE DEVELOPMENT OF A 7,650
SQUARE-FOOT MIXED-USE PROJECT LOCATED 170 EL CAMINO
REAL
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 Meeting March 4, 2008
Agenda Page 5 of 10
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine by the City Council 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 4 through 11)
4. APPROVAL OF MINUTES – REGULAR MEETING OF FEBRUARY 19, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of
February 19, 2008.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $602,386.85 and
$2,166,494.75; and Payroll in the amount of $667,852.61.
6. PLANNING ACTION AGENDA – FEBRUARY 26, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Receive and file.
7. PROPOSED AMENDMENTS TO THE AIRPORT ENVIRONS LAND USE
PLAN (AELUP) FOR JOHN WAYNE AIRPORT (JWA)
The Airport Land Use Commission (ALUC) of Orange County is in the process
of updating the Airport Environs Land Use Plan (AELUP) for the John Wayne
Airport (JWA). City staff first reviewed the draft amendments in November of
2007. On November 20, 2007, the City Council authorized the Mayor to send
a comment letter to the ALUC.
Staff from several Orange County cities, including Tustin, met with ALUC staff
to discuss our comments. In response to this input, the ALUC released a
second draft of the proposed amendments on February 22, 2008, for review
and comment.
Staff has reviewed the second draft and has prepared a letter for the Council's
consideration.
Recommendation: Authorize the Mayor to sign and send the draft comment
letter to the ALUC.
City Council Meeting March 4, 2008
Agenda Page 6 of 10
8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE SYCAMORE AVENUE STORM DRAIN
FROM SCHOOL LANE TO DEL AMO AVENUE (CIP NO. 5033)
The plans and specifications for the Sycamore Avenue Storm Drain from
School Lane to Del Amo Avenue (CIP No. 5033) have been prepared and the
project is now ready to be bid. A Notice of Exemption has been recorded with
the County of Orange for this project as categorically exempt under California
Environmental Quality Act (CEQA) requirements.
Additionally, the project has been reviewed and determined to be categorically
excluded under the National Environmental Policy Act (NEPA) requirements.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-20 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE SYCAMORE AVENUE STORM DRAIN
FROM SCHOOL LANE TO DEL AMO AVENUE (CIP NO. 5033), AND
AUTHORIZING ADVERTISEMENT FOR BIDS
9. APPROVAL OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO.
C-6-0799 BETWEEN THE ORANGE COUNTY TRANSPORTATION
AUTHORITY AND THE CITY OF TUSTIN FOR CITY-INITIATED TRANSIT
EXTENSIONS TO METROLINK (THE "GO LOCAL STEP 1" PROGRAM)
Provides an extension to the term of the agreement between the Orange
County Transportation Authority (OCTA) and the City of Tustin for the "GO
LOCAL Step 1" Program, and establishes a new deadline for receipt of
proposals for "GO LOCAL Step 1".
Recommendation: Approve Amendment No. 1 to Cooperative Agreement No.
C-6-0799 with the Orange County Transportation Authority for City-Initiated
Transit Extensions to Metrolink (the "GO LOCAL Step 1" Program), and
authorize the Mayor and City Clerk to execute the document on behalf of the
City.
10. AWARD OF CONTRACT FOR CONSTRUCTION OF THE ANNUAL MAJOR
PAVEMENT MAINTENANCE PROJECT, FY 2007-2008 (CIP NO. 7001) AND
THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2007-2008 (PROJECT
NO. 402-6235)
Bids for the combined Annual Major Pavement Maintenance Project, FY 2007-
2008 (CIP No. 7001) and the Annual Sidewalk Repair Project, FY 2007-2008
(Project No. 402-6235) have been received and a construction contract is
ready to be awarded.
City Council Meeting March 4, 2008
Agenda Page 7 of 10
Recommendation: Award the construction contract for the Annual Major
Pavement Maintenance Project, FY 2007-2008 (CIP No. 7001) and the
Annual Sidewalk Repair Project, FY 2007-2008 (Project No. 402-6235) to
Calmex Engineering, Inc., the lowest responsible and responsive bidder in the
amount of $1,278,789.99, and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
11. DECLARATION OF SURPLUS EQUIPMENT
Declare City equipment as detailed in the report as surplus in accordance with
Section 1626a (2) of the Tustin City Code and authorize their sale at public
auction.
Recommendation: Declares the equipment detailed in the report as surplus
and not required for public use, in accordance with the Tustin City Code,
Section 1626a (2) and authorize the Public Works Department to sell the
equipment at public auction.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 12 through 15)
12. SECURITY MEASURES ON CITY-MAINTAINED PROPERTIES AT TUSTIN
LEGACY
City Council approval is requested for the implementation of additional security
measures for City-maintained properties at Tustin Legacy.
Recommendations:
12.a. Authorize the Assistant City Manager to negotiate and enter into a security
Consultant Services Agreement with Castillo Private Patrol, Inc. at a monthly
cost of approximately $2,730, and to monitor services pursuant to the
Agreement for effectiveness in reducing security concerns on the subject
properties. If the services provided by Castillo Private Patrol, Inc., prove to be
inadequate in reducing security concerns, authorize the Assistant City
Manager to negotiate a security Consultant Services Agreement with
Securitas, Inc., at a monthly cost of approximately $6,750. Consultant
Services Agreement shall be subject to approval as to form and content by the
City Attorney consistent with the City Council's authorization.
12.b. Authorize the Assistant City Manager to negotiate and enter into a temporary
lighting installation contract or purchase order with Power Plus for installation
of temporary lighting on three city parcels at a cost not to exceed $20,320 for
the first year and subsequent annual cost of $11,280 thereafter. Contracts or
purchase order provisions shall be subject to approval as to form and content
City Council Meeting March 4, 2008
Agenda Page 8 of 10
by the City Attorney consistent with the City Council's authorization. Energy
costs associated with the temporary lighting will be an additional $4,000
annually.
12.c. Appropriate a total of $32,575 from the MCAS Tustin Enterprise Fund to the
MCAS Tustin Enterprise expenditure account number 18-805-6732 for Fiscal
Year 2007-08 to cover anticipated expenses for the security services and
temporary lighting, as well projected monthly SCE billing for certain City
maintained properties at Tustin Legacy through June 30, 2008, (assumes
agreement executions by February 1, 2008).
13. VOLUNTARY DONATIONS ON WATER BILLS
Per the City Council's request, we have investigated the possibility of allowing for
voluntary donations on our Water Bills along the lines of a similar program in
Chandler, Arizona. There does not appear to be any legal issue and we can request
a modification to our existing billing software to provide a donation option.
Recommendation: Pleasure of the Council.
14. INTERVIEW AND APPOINT MEMBERS TO THE PLANNING AND COMMUNITY
SERVICES COMMISSIONS
The City Council will conduct interviews and appoint two (2) members to the Planning
Commission and two (2) members to the Community Services Commission.
Following completion of the oral interview, the final step in the selection process
would be completion of the ballots by the City Council and the City Clerk announcing
results. Said members will serve on the Planning and Community Services
Commissions until March 1, 2010 or thereafter until a new member is selected.
The following qualified candidates have submitted an application for the Planning
Commission:
• Charles E. Puckett • Jeff R. Thompson
• Brian Villacorta • Chris Zadoorian
The following qualified candidates have submitted an application for the Community
Services Commission:
• Bryan Thomas Glassman • Marilyn Hogan
• Rowland Lindley Holland • Jason Lund
• Adrian D. Morton • Henry R. Nunez
• Donna Marsh Peery • Douglas Rundquist
• Sylvia Williams
* Susan Dobak (unable to attend the meeting)
Recommendations:
14.a. Interview Planning and Community Services Commission candidates; and
14.b. Cast ballots to determine appointments and City Clerk to announce results.
City Council Meeting March 4, 2008
Agenda Page 9 of 10
15. LEGISLATIVE REPORT
Recommendation: Pleasure of the City Council.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council
ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday, March
18, 2008, at 4:30 for a Workshop, followed by Closed Session at 5:30
p.m. and 7:00 p.m. for the Regular Business Meeting in the Council
Chamber, 300 Centennial Way, Tustin, California.
City Council Meeting March 4, 2008
Agenda Page 10 of 10