HomeMy WebLinkAbout00 CC AGENDA 2-3-2009
CITY OF TUSTIN FEBRUARY 3, 2009
REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Jerry Amante, Mayor Pro Tem William A. Huston, City Manager
Deborah Gavello, Councilmember Douglas Holland, City Attorney
John Nielsen, Councilmember Doug Davert, Mayor Pamela Stoker, City Clerk
Jim Palmer, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER
– Meeting #2204
ATTENDANCE
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS -
The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in existing and anticipated litigation:
A. Exposure to Litigation [Government Code Section 54856.9(b)] - Two Cases
B. Initiation of Litigation [Government Code Section 54856.9(c)] - Two Cases
C. Existing Litigation – [Subdivision (a) of Section 54956.9] - Case Name: SEMA
Construction, Inc. v. City of Tustin; City of Tustin v. IRWD, Case No.: OCSC
00101147
NOTE: As required by Senate Bill 343, any non-confidential writings or documents
provided to a majority of the City Council members regarding any item on this
agenda will be made available for public inspection in the City Clerk’s office
located at 300 Centennial Way, Tustin, CA during normal business hours.
REGULAR CITY COUNCIL MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2204
INVOCATION – Father Al Baca, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Amante
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PUBLIC HEARING ITEMS
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. (City Council Agenda Items 1 and 2; and
Redevelopment Agenda Item 2)
1. PUBLIC HEARING: CODE AMENDMENT 08-004 (ORDINANCE NO. 1360)
SHOPPING CART ORDINANCE
Upon direction of the City Council, in March 2008, City staff provided the
Council with a staff report that discussed the issues associated with the
abatement of shopping cart nuisances. Staff also provided the City Council
with a copy of the City of Westminster's ordinance on shopping carts. At that
time, the City Council directed staff to implement a program similar to the
City of Westminster's and perform outreach to the City's retailers and the
Chamber of Commerce to receive input. (Attachment A)
Based on the direction of the City Council, staff has prepared Code
Amendment 08-004 (CA 08-004) for Ordinance No. 1360 to establish new
shopping cart regulations. These regulations would require all retail
businesses in the City that utilize ten or more shopping carts to implement
and maintain a mandatory cart containment and retrieval plan to prevent the
removal of shopping carts from their premises and ensure that retailers
maintain their carts on-site.
City Council Meeting February 3, 2009
Agenda Page 2 of 8
On January 13, 2009, the Planning Commission held a public hearing at
which they considered the proposed shopping cart abatement ordinance.
The Commission conducted a public hearing; received input from the public;
reviewed a letter of support from the Chamber of Commerce; discussed the
implications of the proposed ordinance and adopted Resolution No. 4106
recommending that the Tustin City Council approve Ordinance No. 1360.
Recommendations:
1.a. Open Public Hearing; and
1.b. Introduce and have first reading, by title only, of Ordinance No. 1360,
and set for second reading at the Council's next scheduled meeting.
ORDINANCE NO. 1360 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, AMENDING ARTICLE 5 CHAPTER 9 OF
THE TUSTIN CITY CODE ESTABLISHING UPDATED
REGULATIONS FOR THE ABATEMENT OF SHOPPING CART
NUISANCE
RECESS CITY COUNCIL MEETING AND CALL TO ORDER A JOINT MEETING OF
THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
RDA 2. REDEVELOPMENT AGENCY ITEM: THIRD AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT 04-01 WITH
PROSPECT VILLAGE L.P.
Agency approval is requested for a Third Amendment to the Prospect Village
Disposition and Development Agreement (DDA) 04-01. In summary, the
amendments would allow: commercial service uses and certain office uses,
as well as retail uses, in all six (6) of the live/work units facing Prospect
Avenue; various food related uses with a minimum of (50) percent of the
ground floor instead of a requirement that a minimum 3,000 square feet of
the ground floor of the Main Street Commercial Building consist of a
restaurant use; and, allow optometrists and opticians.
Council CITY COUNCIL ITEM: ZONE CHANGE 08-003, AMENDMENTS TO THE
2. PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS
Zone Change 08-003 consists of minor amendments to the Prospect Village
Planned Community District Regulations to: 1) allow commercial service
uses and certain office uses, as well as retail uses, in all six (6) of the
live/work units facing Prospect Avenue; 2) allow various food related uses to
satisfy a requirement that a minimum of fifty (50) percent of the ground floor
of the Main Street Commercial Building consist of food related uses; and 3)
City Council Meeting February 3, 2009
Agenda Page 3 of 8
allow optometrists and opticians. With the exception of optometrists and
opticians, these uses are currently allowed in designated areas within
Prospect Village. Other minor amendments are also proposed.
On January 13, 2009, the Planning Commission adopted Resolution No.
4110, recommending that the City Council approve Zone Change 08-003.
Legal notice for said joint Public Hearing item was published in the Tustin
News on January 22, 2008.
Applicant: City of Tustin/Community Redevelopment Agency
Recommendations:
?
Open and close joint public hearing and take the following actions:
Community Redevelopment Agency Actions:
RDA 2.a. Adopt resolution; and
RESOLUTION NO. 09-01 - A RESOLUTION OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY FINDING THAT
THE .THIRD AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
PROSPECT VILLAGE LP IS WITHIN THE SCOPE OF THE
PREVIOUSLY APPROVED PROSPECT VILLAGE FINAL
ENVIRONMENTAL IMPACT REPORT ("FEIR")
2.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
08-003 (Amendments to the Prospect Village Planned
Community District Regulations) and any non-substantive
modifications to the Third Amendment as may be determined
necessary by the City Attorney.
City Council Actions:
2.a. Adopt resolution; and
RESOLUTION NO. 09-07 - A RESOLUTION OF THE CITY OF
TUSTIN CITY COUNCIL FINDING THAT ZONE CHANGE 08-003
AND THE THIRD 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
City Council Meeting February 3, 2009
Agenda Page 4 of 8
APPROVED PROSPECT VILLAGE FINAL ENVIRONMENTAL
IMPACT REPORT ("FEIR")
2.b. Introduce and have first reading, by title only, of Ordinance No. 1361,
and set for second reading at the Council's next scheduled meeting.
ORDINANCE NO. 1361 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE
PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT
REGULATIONS (ZONE CHANGE 08-003) TO AMEND VARIOUS
SECTIONS OF THE REGULATIONS RELATED TO COMMERCIAL
SERVICE AND CERTAIN OFFICE USES, FOOD RELATED USES,
OPTOMETRISTS AND OPTICIANS, AND TO MAKE OTHER MINOR
AMENDMENTS
ADJOURN JOINT MEETING AND RECONVENE TO CITY COUNCIL MEETING
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. If the item you wish to speak on is a public hearing, you
may wish to wait until the Council considers that item.
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 3 through 10)
3. APPROVAL OF MINUTES – REGULAR MEETING OF JANUARY 20, 2009
Recommendation: Approve the Minutes of Regular City Council Meeting
held on January 20, 2009.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amounts of $807,847.16 and
$2,028,190.83; and Payroll in the amount of $735,494.19.
5. PLANNING ACTION AGENDA – JANUARY 27, 2009
City Council Meeting February 3, 2009
Agenda Page 5 of 8
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Receive and file.
6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS
This report transmits two John Wayne Airport Noise Abatement Quarterly
Reports for the first and second quarters of 2008. The average noise level
measured at monitoring station NMS 10N, located at Columbus Tustin Middle
School on Beneta Way, remained relatively constant during the first and
second quarters. Average noise levels during both quarters remained below
the City, County, and State criteria of 65 dB Community Noise Equivalent
Level (CNEL) for residential uses.
Recommendation: Receive and file this report.
7. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PROCESSING OF
ADMINISTRATIVE CITATIONS AND HEARING OFFICER SERVICES
Effective and efficient processing and management of administrative citations
is essential to the success of the Administrative Citation Program. The City is
seeking to develop a simplified administrative fee recovery and appeal
process that will ensure due process and impartial hearings to those cited
without the need for legal counsel.
Recommendation: Authorize and direct the Community Development Director
to advertise a request for professional services to provide: a) Processing
services of administrative citations; and b) Act as Hearing Officer for
administrative citation appeals.
8. DESTRUCTION OF RECORDS - POLICE DEPARTMENT
Government Code Section 34090 and Resolution No. 01-91 permits
destruction of records which meet certain criteria with the approval of the City
Council by resolution and the written consent of the City Attorney.
Recommendation: Adopt resolution.
RESOLUTION NO. 09-06 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN
THE POSSESSION OF THE TUSTIN POLICE DEPARTMENT THAT
ARE NO LONGER REQUIRED FOR TUSTIN POLICE DEPARTMENT
BUSINESS, PURSUANT TO GOVERNMENT CODE 34090 AND THE
City Council Meeting February 3, 2009
Agenda Page 6 of 8
AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS
RETENTION SCHEDULE
9. AWARD OF BID FOR THE CAMINO REAL PARK PLAYGROUND
INSTALLATION (PROJECT NO. 2059)
Recommendation: Award the contract to Kleen Play Playground Construction
of Chino, California in the amount of $56,651.00 subject to the approval of
contract requirements by the City Attorney and final execution.
10. CONSIDERATION OF CLAIM OF STEVE HAVLICEK, CLAIM NO. 08-45
The Claimant reported damage to his vehicle while it was parked at the City
Yard as a result of being bumped by a blower or hedge trimmer, operated by
SpectrumCare Landscape & Irrigation Management, Inc.
Recommendation: Deny Claim Number 08-45, Steve Havlicek, and direct
Staff to send notice thereof to the Claimant.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring
discussion. (Agenda Items 11 through 13)
11. APPROVAL OF REVISED COOPERATIVE AGREEMENT NO. C-7-1195
BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND
THE CITY OF TUSTIN FOR EXPANSION OF PARKING CAPACITY AT THE
TUSTIN METROLINK STATION
On September 2, 2008, the City Council approved Cooperative Agreement
No. C-7-1195 with the Orange County Transportation Authority (OCTA) to
enable OCTA to proceed with the design and construction of an 825 space
parking structure at the Tustin Station to serve the Metrolink Expansion
Program. It was specified in the agreement that the responsibility for
Operation and Maintenance (O&M) of the completed structure would be
addressed through a separate agreement prior to starting the construction
phase of the project. The revised agreement provides the OCTA with the
assurance that the City of Tustin will own, operate and maintain the finished
structure at no cost to the OCTA.
Recommendation: Approve the revised Cooperative Agreement No. C-7-
1195 with the Orange County Transportation Authority for Design and
Construction of Expansion of Parking Capacity at the Tustin Metrolink
City Council Meeting February 3, 2009
Agenda Page 7 of 8
Station, and authorize the Mayor and City Clerk to execute the document on
behalf of the City, subject to approval as to form by the City Attorney.
12. DISCUSS PARKING REGULATIONS
This item has been placed on the agenda at the request of Councilmember
Deborah Gavello who wishes to discuss the recently adopted parking
regulations.
Recommendation: Pleasure of the City Council.
13. LEGISLATIVE REPORTS – MISCELLANEOUS
Council may request that staff prepare informational reports, and/or letters of
support/opposition on legislative matters that are time-sensitive and not
agendized.
Recommendation: Pleasure of the City Council.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City
Council
ADJOURNMENT – The next meeting of the City Council is scheduled for Tuesday,
February 17, 2009 at 4:30 p.m. for a Special Meeting, followed by
the 5:30 p.m. Closed Session Meeting and the Regular Business
Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin, California.
City Council Meeting February 3, 2009
Agenda Page 8 of 8