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Home My WebLink About00 CC AGENDA 3-18-08 CITY OF TUSTIN MARCH 18, 2008 SPECIAL/REGULAR MEETING OF THE COUNCIL CHAMBER #2184 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 SPECIAL MEETING WORKSHOP 4:30 P.M. CALL TO ORDER – Meeting #2184 ATTENDANCE PUBLIC INPUT – Members of the public may address the City Council on the Special meeting item WS.1. PARKING AND PARKING PERMIT OPTIONS ADJOURN to Closed Session at 5:30 p.m. 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 18, 2008 meeting of the City Council. (Agenda Items A and B) CALL TO ORDER – Meeting #2184 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 LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) – One (1) Case City Council Meeting March 18, 2008 Agenda Page 1 of 7 PUBLIC MEETING 7:00 P.M. CALL TO ORDER – Meeting #2184 INVOCATION – Father Christopher, St. Cecilia’s Church PLEDGE OF ALLEGIANCE – Catherine Watters, 2008 Miss Tustin NATIONAL ANTHEM – Devon Culnane, 2008 Miss Tustin 2 Runner-up ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATIONS Certificates of Recognition presented by Mayor Amante to 2008 Miss Tustin and her Court: Catherine Watters, Miss Tustin 2008; Carolyn O'Hare, 1st Runner –up; Devon Culnane, 2nd Runner-up; and Danielle Evans, 3rd Runner-up Proclamation presented by Mayor Amante to Coreena Coleman, Miss Tustin 2007 Certificate of Recognition presented by Mayor Amante for Donate Life Run/Walk Event Presentation on Arbor Day 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) 1. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 07-020 This matter was continued from the March 4, 2008, City Council meeting. 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 City Council Meeting March 18, 2008 Agenda Page 2 of 7 Recommendation: Pursuant to Tustin City Code Section 9294(d), the City Council could take action on one or a combination of the following alternatives: a. Adopt Resolution No. 08-22a (approval), reversing the decision of the Planning Commission and approving Conditional Use Permit 07-020; or, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REVERSING THE PLANNING COMMISSION DECISION DENYING CONDITIONAL USE PERMIT 07-020 AND APPROVING CONDITIONAL USE PERMIT 07-020 AUTHORIZING A DENTAL OFFICE LOCATED AT 740 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2) ZONE AND FRONTING ONTO EL CAMINO REAL b. Adopt Resolution No. 08-22b (denial), denying the appeal, thus upholding the Planning Commission's denial of Conditional Use Permit 07-020; or, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN UPHOLDING THE PLANNING COMMISSION DECISION DENYING WITHOUT PREJUDICE CONDITIONAL USE PERMIT 07-020 TO AUTHORIZE A DENTAL OFFICE LOCATED AT 740 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2) ZONE AND FRONTING ONTO EL CAMINO REAL c. Remand the project back to the Planning Commission for further proceedings. 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. 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 2 through 9) 2. APPROVAL OF MINUTES – REGULAR MEETING OF MARCH 4, 2008 Recommendation: Approve the Regular City Council Meeting Minutes of March 4, 2008. City Council Meeting March 18, 2008 Agenda Page 3 of 7 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $96,930.17; $974,362.97; $320,805.77; Reversals in the amount of $4,784.78; and Payroll in the amount of $688,100.90. 4. PLANNING ACTION AGENDA – MARCH 11, 2008 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 5. MCAS TUSTIN MITIGATION MONITORING AND REPORTING PROGRAM On January 16, 2001, and April 3, 2006, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) and its addendum, respectively, for the disposal and reuse of MCAS Tustin. The FEIS/EIR evaluated the environmental impacts of the disposal and reuse of MCAS-Tustin and required implementation of the Mitigation Monitoring and Reporting Program (MMRP). The purpose of MMRP is to provide for accomplishment of mitigation and implementation measures required by the Final EIR/EIS. Since the disposal and reuse of MCAS Tustin is a long-term program where mitigation measures may be applicable at the individual development project level, overall program level, construction level, or operational level; to coordinate implementation of the MMRP, a regular review of the progress of the program through an annual report is required. Recommendation: Receive and file report. 6. AMENDMENT TO AGREEMENT FOR RIDES AND CONCESSIONS AT TUSTIN TILLER DAYS Amendment No. 5 would extend the term of the Agreement Regarding Rides and Concessions at Tustin Tiller Days and the Tustin Street Fair and Chili Cook-Off with "O" Entertainment for three years. The Amendment provides for an increase in the compensation the City realizes from ticket sales and rental vendor booth spaces Recommendation: Approve Amendment No. 5 to the Agreement between the City of Tustin and "O" Entertainment for a one-year period with two (2) one- year extensions unless terminated by either party. City Council Meeting March 18, 2008 Agenda Page 4 of 7 7. 2007 GENERAL PLAN ANNUAL REPORT The California Government Code requires that the Planning Commission provide a progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. On March 11, 2008, the Planning Commission reviewed the annual report and authorized staff to forward the report to the City Council. With Council authorization, staff will forward the report to the State Office of Planning and Research and the State Department of Housing and Community Development in fulfillment of the State's requirement. Recommendation: Review and authorize staff to forward this annual report to the State Office of Planning and Research and the State Department of Housing and Community Development. 8. AUTHORIZATION TO SOLICIT BIDS FOR TWO MOBILE AIR COMPRESSORS FOR WATER SERVICES DIVISION CONSTRUCTION/MAINTENANCE ACTIVITIES Authorize City staff to solicit bids for the scheduled replacement of two (2) mobile air compressors for construction activities required to maintain the City of Tustin's water distribution system by the Water Services Division. Recommendation: Authorize the City Clerk to advertise and solicit bids from qualified vendors for the acquisition of two (2) mobile air compressors. 9. FIRE STATION CONSTRUCTION IMPLEMENTATION AGREEMENT FOR NEW FIRE STATION AT TUSTIN LEGACY Recommendations: 9.a. Authorize the City Manager, or his designee to execute the attached Tustin Legacy Fire Station Construction Implementation Agreement, subject to any minor, non-substantive changes as may be necessary as determined by City staff and the City Attorney based on proposed action by the OCFA Board. 9.b. Authorize Tustin Legacy staff to proceed with design of the Fire Station Facility in coordination with the Orange County Fire Authority (OCFA). City Council Meeting March 18, 2008 Agenda Page 5 of 7 REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 10 through 12) 10. ADOPT ORDINANCE 1351 - 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1351 (roll call vote) or action as necessary. 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 11. GRAD NIGHT FUNDING The Grad Night Committees from Beckman, Foothill, and Tustin High Schools have submitted requests for funding assistance from the City. Recommendation: Pleasure of the Council. 12. LEGISLATIVE REPORTS Staff has prepared two (2) agenda reports that discuss the following issues: 1. City of Westminster's policy on shopping carts; and 2. Opposition to SB375, requires regional transportation planning agencies to include sustainable communities strategy in their regional transportation plans and offer incentives to implement strategy. Recommendation: Pleasure of the City Council. City Council Meeting March 18, 2008 Agenda Page 6 of 7 OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday, April 1, 2008 at 5:30 for Closed Session and 7:00 p.m. for the Regular Business Meeting in the Council Chamber, 300 Centennial Way, Tustin, California. City Council Meeting March 18, 2008 Agenda Page 7 of 7