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Home My WebLink About00 CC AGENDA 11-03-09 CITY OF TUSTIN NOVEMBER 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 #2223 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 [Govt. Code § 54856.9(b)] - Two Cases B. INITIATION OF LITIGATION [Govt. Code § 54856.9(c)] — One Case REGULAR CITY COUNCIL MEETING 7:00 P.M. } CALL TO ORDER — Meeting #2223 INVOCATION - Fr. Thomas Nguyen, St. Cecilia's Church 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. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Amante ROLL CALL — City Clerk Stoker CLOSED SESSION REPORT — City Attorney Holland 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 1 through 4) 1. APPROVAL OF MINUTES — REGULAR MEETING OF OCTOBER 20, 2009 Recommendation: Approve the Action Minutes of the Regular City Council Meeting held on October 20, 2009. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $569,401.46, and $1,979,673.33; and Payroll in the amounts of$2,178.47 and $761,967.64. 3. PLANNING ACTION AGENDA —OCTOBER 27, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 4. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT LAUREL GLEN AND MAGNOLIA TREE PARKS (CIP No. 2064) City Council Meeting November 3, 2009 Agenda Page 2 of 5 This project includes the purchase and installation of playground equipment and ADA required playground surfacing and ramps. Recommendation: That the City Council approve Resolution No. 09-63, approving specifications for the purchase and installation of new playground equipment at Laurel Glen and Magnolia Tree Parks (CIP No. 2064), and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 09-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT LAUREL GLEN AND MAGNOLIA TREE PARKS (CIP No. 2064) REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 5 through 9) 5. PRESENTATION ON THE PROPOSED WATER EFFICIENT LANDSCAPE ORDINANCE The Community Development Department will give a presentation on the proposed Water Efficient Landscape Ordinance, which is tentatively scheduled for consideration by the City Council on November 17, 2009. The proposed ordinance is based on the Orange County Model Water Efficient Landscape Ordinance, which was recently developed by a stakeholder group under the leadership of the Municipal Water District of Orange County and the Orange County Division of the League of California Cities. 6. CODE AMENDMENT (CA) 09-005: ORDINANCE NO. 1366 - STANDARDIZED APPEAL PROVISIONS/MINOR TEXT CORRECTIONS The Tustin City Code has been amended many times over the years, gradually introducing inconsistencies to the appeal process for various discretionary actions. Appeal filing deadlines vary depending upon the application type; there are inconsistencies as to whether filing deadlines are counted as calendar days or business days; and, there are a number of appeal hearing officers or boards identified, including the Planning Commission, City Manager, a Hearing Officer, the Tustin Community Redevelopment Agency, and Tustin City Council. On September 22, 2009, the Tustin Planning Commission held a public hearing and adopted Resolution No. 4121 recommending that the Tustin City Council approve Code Amendment 09-005 (Ordinance No. 1366), amending various sections of the Tustin City Code to standardize appeal provisions and City Council Meeting November 3, 2009 Agenda Page 3 of 5 implement minor text corrections. Recommendation: That the Tustin City Council introduce and have first reading of Ordinance No. 1366 approving Code Amendment 09-005, amending various sections of the Tustin City Code to standardize appeal provisions and implement minor text corrections (Attachment B) ORDINANCE NO. 1366 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS PROVISONS OF THE TUSTIN CITY CODE, FOR THE PURPOSE OF CREATING A UNIFORM APPEALS PROCESS FOR CERTAIN DECISIONS RELATED TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND IMPLEMENTING MINOR TEXT AMENDMENTS. 7. SECOND READING OF ORDINANCE NO. 1370 - AN AMENDMENT TO THE JAMBOREE PLAZA PLANNED COMMUNITY On October 20, 2009, the City Council held a public hearing to evaluate the application for Code Amendment 09-003 and Design Review 09-004 for the construction of an express carwash located at 3017 Edinger Avenue. Code Amendment 09-003 is a request to reduce the building setback along Edinger Avenue from thirty (30) feet to fifteen (15) feet and Design Review 09-004 is for site design and building architecture review of the proposed carwash. Proposed Ordinance No. 1370 would approve CA 09-003 and DR 09-004. Recommendation: Have second reading by title only and adoption of Ordinance No. 1370. (Roll call vote) ORDINANCE NO. 1370 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS (CODE AMENDMENT 09- 003) TO REDUCE THE BUILDING SETBACK FROM EDINGER AVENUE FROM THIRTY (30) FEET TO FIFTEEN (15) FEET. 8. COMMITTEE APPOINTMENTS At the October 20, 2009 City Council Meeting, Mayor Davert requested that the Council revisit the appointment to WACO, Newport Back Bay, and Santa Ana Flood Channel positions. Recommendation: Pleasure of the Council 9. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. City Council Meeting November 3, 2009 Agenda Page 4 of 5 legislation of interest. OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT --The next meeting of the City Council is scheduled for Tuesday, November 17, 2009 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council Meeting November 3, 2009 Agenda Page 5 of 5