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Home My WebLink About01 PC Minutes 3-24-03MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING- 7:00 P.M. MARCH 24, 2003 ITEM #1 7:03 p.m. All present Staff present Given Presented to Mark Denny; Steve Kozak did not attend None Approved Adopted Resolution No. 3865, as amended CALL TO ORDER ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Jim Draughon, Redevelopment Program Manager Sam Altowaiji, Field Services Manager Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PLEDGE OF ALLEGIANCE PRESENTATION Appreciation Plaque to former Planning Commissioner PUBLIC CONCERNS CONSENT CALENDAR . APPROVAL OF MINUTES- MARCH 10, 2003, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Nielsen, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARING , CONDITIONAL USE PERMIT 03-003 FOR AUTHORIZATION TO ESTABLISH A CONVENIENCE STORE/SMALL MARKET FOR MEAT, PRODUCE, AND SMALL HOUSEHOLD ITEMS. THIS PROJECT IS LOCATED AT 13824 RED HILL AVENUE IN THE RETAIL COMMERCIAL (C-1) AND CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3865 approving Conditional Use Permit 03-003. Minutes- Planning Commission 3-24-03 - Page 1 7:05 p.m. The Public Hearing opened. Willkom Presented the staff report. Director Added the reference to 14702 Newport Avenue on page 1 is an error and will be modified for the permanent record. Nielsen Asked if the hours of delivery limited to 7:00 p.m. is a standard restriction for the center. Willkom Answered in the affirmative. Nielsen Asked, regarding Condition 3.15, if the owner will be required to make things law-abiding in the area and what kind of remediation the owner will provide. Director Indicated that in the past there have been various concerns regarding convenience stores; a generic condition was added to allow the owner of the convenience store to work with the City to determine mitigating measures and not have to revisit the Planning Commission for specialized mitigation measures. Jennings Invited the applicant to the lectern. Johnny Nodar, applicant Indicated he had no concerns but was available for any questions the Planning Commission might have. Nielsen Inquired whether or not this is a new store or a move of location. Mr. Nodar Answered that this is a new store; the previous use was a finger- printing business that moved to another location. 7:13 p.m. The Public Hearing closed. Pontious Stated her support for the project. Amante Added his support for the project. Menard Noted his support; and, wished the applicant good luck. Nielsen Stated this looks like a good use for the location and that he is in favor of the project moving forward. Jennings Noted that Condition 3.13 specifies that the employees shall park in the rear; since it appears there is adequate parking, suggested this condition is unnecessary; and, asked that this condition include language stating, if there is a problem in the future, the Director could request this parking restriction. Minutes - Planning Commission 3-24-03 - Page 2 Director Stated the condition can be modified. Commission Holland Received and filed Draughon Nielsen Director Jennings Director Provided the revised language as follows: Condition 3.13 shall read as follows: "If in the future there is a parking problem, employees of the small market shall use the parking area behind the building for vehicle parking." Agreed this language was appropriate. Suggested that the condition include the words "if the parking problem is determined by the Community Development Director." It was moved by Pontious, seconded by Amante, to adopt Resolution No. 3865, as amended. Motion carried 5-0. REGULAR BUSINESS , RECEIPT OF THE PRELIMINARY REPORT AND PROPOSED REDEVELOPMENT PLAN FOR THE MCAS- TUSTIN REDEVELOPMENT PROJECT LOCATED AT THE FORMER MARINE CORPS AIR STATION TUSTIN (TUSTIN INCORPORATED LIMITS ONLY) IN THE MCAS TUSTIN SPECIFIC PLAN; PUBLIC AND INSTITUTIONAL (P&I) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission receive the Preliminary Plan and Proposed Redevelopment Plan for the MCAS-Tustin Redevelopment Project for consideration. Presented the staff report. Asked for clarification on how the Redevelopment Agency would like the Planning Commissioners to respond. Indicated the intent was to transmit the document to the Commission; staff will prepare a draft report for Commission consideration at the April 14, 2003, meeting; if the Commission concurs with that report, it can be adopted and transmitted to the City Council and Redevelopment Agency or modified by the Commission. Asked if the Director meant a report of the opinions of the Planning Commission. Stated the procedure will be similar to zone changes and other kinds of recommendations by the Planning Commission to the City Council. Minutes - Planning Commission 3-24-03- Page 3 Pontious Director Menard Amante Jennings Director Amante Jennings Draughon Jennings Draughon Jennings Draughon Amante Draughon Asked if it would be appropriate for the Commissioners to present questions at the next meeting. Answered in the affirmative. Stated it would be useful to tour MCAS-Tustin. Indicated it would be helpful for the new Commissioners to see the physical facilities to compare with the Preliminary Report on which he has a number of questions; to the extent this could be accomplished without delaying the timeline, it would be appreciated. Suggested the tour be scheduled on a different day. Stated that can be arranged. Noted his concern that any special meeting would be noticed for the benefit of the public. Clarified that the regular Planning Commission meeting will still be held on Monday, April 14, 2003. Added the public information meeting on April 16, 2003, will be noticed two weeks in advance of the meeting to ensure the broadest possible broadcast. Asked what length of time is anticipated for the removal of the hazardous waste. Stated the time periods in the report are extensive, but there are mechanisms underway to accelerate those dates. Asked what sort of "heritage of Tustin" will be provided on the Base, whether a statue, wall, plaque, etc. Replied that he did not have an answer to that question. Asked if the cost load per acre regarding remediation of hazardous waste will be divided per parcel as the development progresses. Indicated those figures were included to demonstrate the financial burden imposed on this project and refer primarily to the infrastructure demolition and improvement costs. It was moved by Pontious, seconded by Menard, to receive the report. Motion carried 5-0. Minutes - Planning Commission 3-24-03 - Page 4 Director reported Commissioners Amante Pontious Nielsen Menard Jennings 7:32 p.m. In Memory of Harry Pontious STAFF CONCERNS . REPORT OF ACTIONS TAKEN AT THE MARCH 17, 2003, CITY COUNCIL MEETING. The City Council approved Vesting Tentative Tract Map 16474 for Parcel 33; and, staff has another meeting scheduled with John Laing Homes on another parcel on the Base. The City Council approved the request to participate in the Code Enforcement Grant Program which may provide funds for hand-held computers for code enforcement officers to use in the field. Since the Commissioners wish to tour the Base before making any recommendation on the Preliminary Report and Proposed Development plan for MCAS-Tustin, asked what day of the week would be better. Agreed that Wednesday, April 9, or Thursday, April 10, at 4:00 p.m., would be acceptable. COMMISSION CONCERNS None None None None None ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, April 14, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes - Planning Commission 3-24-03- Page 5 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY CITY OF TUSTIN, CALIFORNIA APRIL 7, 2003 9:11 pm All Present None Approved None 9:11 pm CALL TO ORDER ROLL CALL PUBLIC INPUT REGULAR BUSINESS (ITEM 1 ) , APPROVAL OF MINUTES - MARCH 17, 2003 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of March 17, 2003. OTHER BUSINESS CLOSED SESSION - None ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, April 21, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency April 7, 2003 - Page I ACTION AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN APRIL 7, 2003 CLOSED SESSION - 5:30 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:30 P.M. 5:30 pm CALL TO ORDER All Present ROLL CALL None PUBLIC INPUT CLOSED SESSION - The City Council shall convene in closed session to confer with the City's real property negotiator (Government Code Section 54956.8): 1) Property: 1030-1036 Irvine Boulevard (Assessor's Parcel Number 500-102-01); Negotiators: City Manager or designee (City) and Dennis D. Hayden (Stevens Trust); and 2) Property: Parcels 1-C-1 and III-C- 3 (MCAS Tustin Reuse Plan Disposition Sites 10, 11, 40 and a portion of 42); Agency Negotiator: Assistant City Manager and Special Counsel Gilchrist & Rutter; Negotiating Parties: City of Tustin and Vestar Development II, LLC; Under Negotiation: Price and terms of payment. REGULAR MEETING- 7:00 P.M. 7:00 pm CALL TO ORDER Given INVOCATION Given PLEDGE OF ALLEGIANCE All Present ROLL CALL None CLOSED SESSION REPORT Given PRESENTATION - Proposed Tunnel through Cleveland National Forest - Bill Vardoulis FIRST PUBLIC INPUT Phil Cox Spoke concerning issues in Old Town Tustin; extended an invitation to Tustin Area Museum. Retha Roberts Spoke representing Tustin Effective Apartment Managers (TEAM) regarding issues within Southwest portion of Tustin; Action Agenda - City Council April 7, 2003 - Page 1 Candy Keaney Approved Approved Ratified Approved Approved Adopted Resolution No. O3-49 Spoke representing Tustin Effective Apartment Managers (TEAM) concerning additional issues in Southwest Tustin. PUBLIC HEARING - None CONSENT CALENDAR (ITEMS 1 THROUGH 10 ) . APPROVAL OF MINUTES- MARCH 17, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 17, 2003. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,745,754.20 and ratify Payroll in the amount of $923,508.11. . PLANNING COMMISSION ACTION AGENDA- March 24, 2003 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of March 24, 2003. . CLAIM OF PACIFIC BELL; CLAIM NO. 03-05 Recommendation: Deny the claim and send notice thereof to the claimant and the claimant's attorneys. . FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT FOR PARCEL 33 Recommendation: Receive and file the First Amendment to DDA 03-01 and by such action validate the City Manager's execution of the First Amendment to DDA 03-01. , APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 500-111-01 THROUGH 04: ROBERT H. KO AND NANCY M. KO) (CIP NO. 7118) Recommendation: (1) Adopt Resolution 03-49 finding that the acquisition of a portion of Assessor's Parcel Nos. 500- 111-01 through 04 was considered in the final environmental determination for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project (CIP No. 7118) and approving the Purchase Agreement with Robert H. Ko and Nancy M. Ko (hereinafter "seller"); and (2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with Robert H. Ko and Nancy M. Ko on behalf of the City. Action Agenda - City Council April 7, 2003 - Page 2 RESOLUTION NO. 03-49- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 500-111-01 THROUGH 04 (13102-13152 NEWPORT AVENUE) WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) AND APPROVING THE PURCHASE AGREEMENT. Adopted Resolution No. O3-46 o SUBMI'I-FAL OF CITY OF TUSTIN APPLICATIONS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM, FISCAL YEARS 2003/2004 AND 2004/2005 Recommendation: Adopt Resolution No. 03-46 requesting that the Orange County Transportation Authority (OCTA) include the City of Tustin's projects in the Fiscal Years 2003/2004 and 2004/2005 Transportation Enhancement Activities (TEA) Program. RESOLUTION NO. 03-46- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY FOR THE EDINGER AVENUE BEAUTIFICATION PROJECT BETWEEN EAST OF RED HILL AVENUE AND WEST OF JAMBOREE ROAD, FISCAL YEAR 2004/2005, AND THE TUSTIN COMMUTER RAIL STATION BICYCLE LOCKER INSTALLATION PROJECT, FISCAL YEAR 2004/2005. Approved , APPOINTMENT TO FILL VACANCY IN BOARD OF DIRECTORS OF THE TUSTIN AREA SENIOR CENTER FUND, INC. Recommendation: Appoint Marc Lopez, Senior Advisory Board Chair, to the Board of Directors of the Tustin Area Senior Center Fund, Inc. Approved , WATER RATE/FEE STUDY REQUEST FOR PROPOSALS Recommendation: Approve the Request for Proposals and authorize the Finance Director to send it to qualified firms. Adopted Resolution No. 03-50 10. LOT LINE ADJUSTMENT NO. 03-01: PLANNING AREA-1 LEARNING VILLAGE AT TUSTIN LEGACY Recommendation: Adopt Resolution No. 03-50 approving Lot Line Adjustment No. 03-01. RESOLUTION NO. 03-50- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, Action Agenda - City Council April 7, 2003 - Page 3 Adopted Ordinance No. 1268 Adopted Ordinance No. 1269 Interviews set for May 5, 2003 at 5:30 p.m. APPROVING LOT LINE ADJUSTMENT NO. 03-01. REGULAR BUSINESS (ITEMS 11 THROUGH 21 ) 11. ORDINANCE NO. 1268- ADDING PART 4 TO CHAPTER 6 Of THE TUSTIN MUNICIPAL CODE AUTHORIZING INFORMAL BIDDING FOR PUBLIC PROJECTS AND MAINTENANCE WORK OF $100,000.00 OR LESS Ordinance No. 1268 adds informal bidding sections to the Municipal Code, which will authorize informal bidding for public projects and maintenance work of $100,000.00 or less. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1268 (roll call vote): ORDINANCE NO. 1268 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING PART 4 TO CHAPTER 6 OF THE TUSTIN MUNICIPAL CODE AUTHORIZING INFORMAL BIDDING FOR PUBLIC PROJECTS AND MAINTENANCE WORK OF $100,000.00 OR LESS 12. ORDINANCE NO. 1269- AMENDING PART 3 OF ARTICLE 1, OF THE TUSTIN CITY CODE Ordinance No. 1269 amends Tustin City Code Article 1, Part 3 governing restrictions on gifts to conform the City's Code to state law. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1269 (roll call vote): ORDINANCE NO. 1269 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 3 OF ARTICLE 1, OF THE TUSTIN CITY CODE 13. APPLICANTS FOR CULTURAL RESOURCES ADVISORY COMMITTEE Staff is requesting the City Council set the date and time to conduct interviews to fill one vacancy on the Cultural Resources Advisory Committee. Recommendation by the Office of the City Clerk: Pleasure of the City Council. Action Agenda - City Council April 7, 2003 - Page 4 Adopted Ordinance No. 1272 Adopted Resolution Nos.: 03-11, 03-13, 03-14, 03- 15, 03-16, 03-17, 03-45 Continued Resolution No. 03-12 14. 15. ADOPTION OF URGENCY ORDINANCE NO. 1272 TO EXTEND THE CURRENT CABLE TELEVISION FRANCHISE WITH COMCAST OF LOS ANGELES The current franchise with Comcast of Los Angeles expired in July of 2002 and has been extended on multiple occasions. Comcast has complied with all City requirements set forth in previous City Council actions. Approval of Urgency Ordinance No. 1272 will extend the existing franchise until June 16, 2003 to allow time to conclude franchise negotiations and to seek City Council approval of the new franchise agreement. Recommendation by the Public Works Department: Adopt Urgency Ordinance No. 1272 to extend the current cable television franchise with Comcast of Los Angeles, Inc. ORDINANCE NO. 1272- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING A CABLE TELEVISION FRANCHISE WITH COMCAST OF LOS ANGELES, INC. UNTIL JUNE 16, 2003. APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF ASSESSOR PARCELS APN 430- 252-08, APN 430-252-09, APN 430-263-01, APN 430-263- 06, APN 430-263-07, APN 430-261-22 AND 23, APN 430- 281-01, AND APN 430-282-02 THROUGH 05 FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) The proposed Resolutions will authorize Legal Counsel to acquire property by condemnation for the Edinger Avenue (Smart Street) Widening Project. Recommendation by the Public Works Department/Engineering Division: Adopt each Resolution by a four-fifths (4~5) vote authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation, certain real property interests in the City of Tustin, State of California described below, and to obtain immediate possession, thereof, for the Edinger Avenue (Smart Street) Widening Project and declaring the public convenience and necessity thereof. Resolution NO. 03-11 03-12 Assessor Parcel Number (APN) 430-252-08 (Kaufman) 430-252-09 (Russell) Action Agenda - City Council April 7, 2003 - Page 5 Adopted Resolution Nos.: 03-18, 03-19, 03-20, 03- 21, 03-22, 03-23, 03-25 16. 03-13 03-14 03-15 03-16 03-17 03-45 430-263-01 (Young) 430-261-22 & 23 (SBC Pacific Bell) 430-263-07 (Mullin) 430-282-02 through 05 (Borchard Redhill) 430-281-01 (Borchard Redhill) 430-263-06 (Mullin) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY A'I-I-ORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR THE ACQUISITION OF PARCELS APN 500-101-06, APN 500-101-07, APN 500-101-03, APN 500-101-01, APN 500- 101-02, APN 500-101-04, AND APN 401-283-01 FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) The proposed Resolutions will authorize Legal Counsel to acquire property by condemnation for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project. Recommendation by the Public Works Department/Engineering Division: Adopt each Resolution by a four-fifths (4/5) vote authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation certain real property interests in the City of Tustin, State of California described below, and to obtain immediate possession, thereof, for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project and declaring the public convenience and necessity thereof. Resolution No. 03-18 03-19 03-20 03-21 03-22 03-23 Assessor Parcel Number (APN) 500-101-06 (David S. Jones) 500-101-07 (Susan L. Jones) 500-101-03 (Stevens) 500-101-01 (Stevens) 500-101-02 (Stevens) 500-101-04 (Stevens) Action Agenda - City Council April 7, 2003 - Page 6 03-25 401-283-01 (Fitterer) Adopted Resolution No. 03-48 Introduced Ordinance No. 1270 as amended 17. 18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP 7118) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. AMENDMENTS TO THE 2000-01, 2001-02, AND 2002-03 ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS In May of each fiscal year, the City submits to the U.S. Department of Housing and Urban Development (HUD) a one-year Action Plan as an application to receive the CDBG funds. The Community Development Department is proposing to amend the submitted Action Plans by reallocating funds from slower moving activities to more active activities. Recommendation by the Community Development Department: Adopt Resolution No. 03-48 amending the Action Plan for Fiscal Years 2000-01, 2001-02, and 2002-03. RESOLUTION NO. 03-48- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S 2000-01, 2001-02, AND 2002-03 ACTION PLANS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. CODE AMENDMENT 03-002 - BUSINESS LICENSE TAX ORDINANCE The proposed amendment would establish a one-time business license application processing fee, give the Director of Community Development the authority to enforce the City's business license tax provisions, and make other minor Code changes. Recommendation by the Community Development Department: Introduce and have first reading by title only of Action Agenda - City Council April 7, 2003 - Page 7 Continued to 4/21/03 Approved Introduced Ordinance No. 1274 the following Ordinance No. 1270: ORDINANCE NO. 1270- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 5 OF ARTICLE 2 OF THE TUSTIN CITY CODE RELATING TO THE BUSINESS LICENSE TAX. 19. STATUS REPORT ON THE KATHERINE SPUR LAND The Katherine Spur land is the abandoned railroad right-of- way located between the Tustin Meadows and Peppertree neighborhoods and the New Villa Valencia Mobile Home Park and Laurelwood neighborhood. Recommendation by the Community Development Department: That the City Council provide direction as deemed appropriate. 20. CONDITIONAL SELECTION OF DEVELOPER FOR THE TUSTIN LEGACY RETAIL SITE (MCAS TUSTIN REUSE PLAN DISPOSITION PARCELS 10 AND 11) The MCAS Tustin City Council Ad Hoc Committee supported by the Technical Evaluation Team of City staff and consultants has reviewed responses to a Request for Proposal for the disposition and development of the Tustin Legacy Retail Site. Recommendation by the Redevelopment Agency staff: Conditionally select Vestar Development II, LLC as the developer of the Tustin Legacy Retail Site (MCAS Tustin Reuse Plan Disposition Parcels 10 and 11) and direct staff to prepare an Exclusive Negotiation Agreement for the disposition and development of the Site, which addresses the general principles, terms and issues identified in this report, to be brought back for City Council approval. 21. INTRODUCTION OF AN ORDINANCE REGULATING MOBILE VENDING The proposed Ordinance regulating mobile vending is based on the traffic hazards and special dangers to the public safety and welfare of children and residents in the City. It also aims at protecting the physical environment. The Ordinance will repeal Subsections (1) and (2) of Tustin City Code Section 5330(L) and will amend Chapter 3 of Article 3 of the Tustin City Code relating to Mobile Businesses. Recommendation by the City Attorney: Introduce and have Action Agenda - City Council April 7, 2003 - Page 8 None Davert Bone Thomas Kawashima first reading by title only of the following Ordinance No. 1274: ORDINANCE NO. 1274- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SUBSECTIONS (1) AND (2) OF TUSTIN CITY CODE SECTION 5330(L) AND AMENDING CHAPTER 3 OF ARTICLE 3 OF THE TUSTIN CITY CODE RELATING TO MOBILE BUSINESSES. SECOND PUBLIC INPUT OTHER BUSINESS - City Manager, City Attorney, City Council Announced Spring Egg Hunt on April 19,2003 at 9:30 am. Expressed appreciation to U.S. Armed Forces in Iraq. Commented on the Tustin Gang Unit ride along. Commented on visit to Washington D.C. Reported on Southern California Association of Government Transportation Committee's support for bills which lower the 2/3 vote to 55%. Announced new positions in Southern California Association of Government Regional Council. Reported the Santa Ana River Project Committee took no position on AB 496. Reported the Water Advisory Committee of Orange County (VVACO) statistic that Tustin water usage has been below average. Reported on League of California Cities conference in Sacramento; Stated support for United States troops in Iraq. Stated that family member enlisted in US Army and requested deployment to Middle East or Korea. Commented concerning the ability and duty for Council to serve and represent every segment in the community. Reported the Orange County Sanitation Board is performing an asset management review. Commented on Principal for a Day event. Stated that Tustin's track meet was well attended. Action Agenda - City Council April 7, 2003 - Page 9 Worley Expressed sympathy for Donnie Smith, and his family, in the passing of his wife; and also, the loss of Randy Smith, an Orange County lobbyist and known activist. COMMITTEE REPORTS - City Council 9:10 pm ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, April 21, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - City Council April 7, 2003 - Page 10