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Home My WebLink About00 CC AGENDA 03-20-07 CITY OF TUSTIN MARCH 20, 2007 COUNCIL CHAMBER SPECIAL/REGULAR MEETINGS OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem William A. Huston, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Lou Bone, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer SPECIAL MEETING 4:30 p.m. CALL TO ORDER FIRST PUBLIC INPUT – Members of the public may address the City Council on items on the Special Meeting Agenda 1. COMMUNITY SUPPORT WORKSHOP ? History of philanthropic giving from the City ? Philosophy of philanthropic giving for a governmental agency ? Core values to guide our community’s philanthropic giving ? How the Community Foundation will work in philanthropic giving SECOND PUBLIC INPUT – Members of the public may address the City Council on items on the Special Meeting Agenda ADJOURNMENT City Council Meeting March 20, 2007 Agenda Page 1 of 11 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 20, 2007 meeting of the City Council. (Agenda Items A thru C) CALL TO ORDER 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-PENDING LITIGATION pursuant to Government Code Section 54956.9 - ME B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) - 2 Cases C. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) - 2 Cases PUBLIC MEETING 7:00 p.m. "tirc.~ ~-=* CALL TO ORDER INVOCATION - Fr. John Block, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Davert ROLL CALL - City Clerk CLOSED SESSION REPORT - City Attorney City Council Meeting Agenda March 20, 2007 Page 2 of 11 PRESENTATIONS > Certificate of Recognition presented by Mayor Bone to Jeni McGirr and Sally Campbell proclaiming April 2007 as Donate Life month > Recognition by Mayor Bone to Michael Hearst, Director of Communications of Orange County Vector Control District for West Nile Virus and Mosquito and Vector Control Awareness Week FIRST PUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda. (Consent Calendar or Regular Business Items) PUBLIC HEARINGS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use or fees. (Agenda Items 1 thru 3) 1. TENTATIVE TRACT MAP 17080 AND DESIGN REVIEW 06-011: 14421 TO 14471 RED HILL AVENUE The project site consists of two parcels currently developed with 57 apartment units. The project is proposed on a 4-acre site located at the northwest corner of Walnut Avenue and Red Hill Avenue. The City Council is requested to approve Tentative Tract Map 17080 for a subdivision of the site and development of 75 condominium units. On March 13, 2007, the Planning Commission conducted a public hearing and recommended approval of the project. Applicant: Suncal- Red Hill LLC c/o Southwind Realty Group LLC Recommendations: 1.a. Open and close a Public Hearing; and 1.b. Adopt resolutions. RESOLUTION NO. 07-31 - A resolution of the City Council adopting the Final Mitigated Negative Declaration for Tentative Tract Map 17080 and Design Review 06-011, a proposal to merge two parcels developed with 57 apartment units into one 4-acre site for development of a new 75-unit condominium project located at 14421 to 14471 Red Hill Avenue RESOLUTION NO. 07-32 - A resolution of the City Council of the City of Tustin approving Tentative Tract 17080 to merge two existing parcels containing 57 apartment units into one 4-acre parcel for City Council Meeting Agenda March 20, 2007 Page 3 of 11 development of a 75 unit condominium project located at 14421 to 14471 Red Hill Avenue 2. CODE AMENDMENT 06-005: ORDINANCE NO. 1321: SIGN REGULATIONS Code Amendment 06-005 consists of proposed amendments to the City's Sign Code. Most of the proposed amendments pertain to signs in the public right of way, including real estate open house signs, political signs, and human signs. Less significant changes include: a revised definitions section, a revised hearings and appeals section, larger permitted banner signs for some freeway-facing buildings; and the addition of a permitted sign type - temporary signs for nonprofit organizations. On January 2, 2007, the City Council held its first public hearing on Code Amendment 06-005, continued the consideration of Code Amendment 06- 005, and deferred draft Ordinance No. 1321 to the Planning Commission for further study and amendments. Staff revised the draft ordinance based on Council direction, and on March 13, 2007, the Planning Commission reconsidered the proposed ordinance and adopted Resolution No. 4056, recommending that the City Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations" of Article 9 of the Tustin City Code. Recommendations: 2.a. Open and close a Public Hearing; and 2.b. Introduce and have first reading of Ordinance No. 1321 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1321 - An ordinance of the City Council of the City of Tustin, California, repealing and adding Chapter 4 "Sign Regulations" to the Tustin City Code 3. CODE AMENDMENT 07-001 - ORDINANCE NO. 1332: PLANNING COMMISSION/HISTORIC RESOURCE COMMITTEE CONSOLIDATION Code Amendment 06-005 consists of proposed amendments to Tustin City Code Section 9252c related to assigning cultural and historic resources responsibilities to the Planning Commission. The Mayor requested a review and asked for recommendations to consolidate and minimize impacts on City resources related to City Boards, Commissions, and Committees. After consideration of this matter on January 15 and February 20, 2007, the Council directed staff to: return with a recommendation on realignment of commission/committee responsibilities and an ordinance removing term limits for these bodies; and, initiated and referred draft Ordinance No. 1332 City Council Meeting Agenda March 20, 2007 Page 4 of 11 (Planning Commission/Historic Resource Committee Consolidation) to the Planning Commission for consideration. On March 13, 2007, the Planning Commission adopted Resolution No. 4057 recommending that the City Council adopt Code Amendment No. 07-001. Recommendations: 3.a. Open and close a Public Hearing; and 3.b. Introduce and have first reading of Ordinance No. 1332 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1332 - An ordinance of the City of Tustin, California, amending Section 9252 c and associated sections of the Tustin City Code related to assigning cultural and historic resources responsibilities to the Planning Commission 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 10) 4. APPROVAL OF MINUTES -REGULAR MEETING OF MARCH 6,2007 Recommendation: Approve the Regular City Council Meeting Minutes of March 6, 2007. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,230,740.88 and $2,847,050.44; and Payroll in the amount of $655,757.35. 6. PLANNING ACTION AGENDA - MARCH 13,2007 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Recommendation: Ratify the Planning Commission Action Agenda of March 13, 2007. City Council Meeting Agenda March 20, 2007 Page 5 of 11 7. 2006 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. 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. DECLARATION OF SURPLUS EQUIPMENT Recommendation: Declare 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. 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE LIANE LANE, VALHALLA DRIVE, AND HIGHVIEW DRIVE WATER MAIN REPLACEMENT PROJECT (CIP NO. 6154) Recommendations: 9.a. Adopt resolution; RESOLUTION NO. 07-27 - A resolution of the City Council of the City of Tustin, California, accepting the works of improvement and authorizing the recordation of the Notice of Completion for the construction of the Liane Lane, Valhalla Drive, and Highview Drive Water Main Replacement Project (CIP No. 6154) 9.b. Authorize the recordation of the Notice of Completion, and direct the City Clerk to: 1. Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion; and 2. Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and 9.c. Assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion, the City Council authorize payment of the City Council Meeting Agenda March 20, 2007 Page 6 of 11 final 100/0 retention in the amount of $51,760.48 to West Valley Construction Company, Inc. The total final construction contract cost for the project is $517,604.79 10. AMENDMENT TO JOINT POWERS AUTHORITY AGREEMENT- INTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY During the initial approval process for the Joint Powers Agreement for the Integrated Law and Justice Agency of Orange County, City Attorneys for the various entities requested minor, non-substantive changes to the agreement. Now that the Agency has been operating for more than a year, it is time to amend the initial agreement as requested. Recommendations: 10.a. Adopt resolution; RESOLUTION NO. 07-28 - A resolution of the City Council of the City of Tustin approving an amendment to the Joint Powers Agreement for the Integrated Law and Justice Agency for Orange County 10.b. Authorized the Mayor to execute the Amended Joint Powers Agreement (JPA); and 10.c. Authorize the City Manager and Police Chief to execute any related documents consistent with the implementation of this Agreement and grant continuing authority to the City Manager to execute anticipated amendments to the JPA as recommended by the Chief of Police and approved by the City Attorney and determined to be non-substantive in nature. REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 18) 11. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR THE PREPARATION OF A CITY-WIDE HAZARD ASSESSMENT AND MITIGATION PLAN Federal law requires the City to prepare a Hazard Mitigation Plan in order to remain eligible for federal pre and post-disaster mitigation funds. The approval of a Consultant Services Agreement with Risk Management Professionals to provide consulting services for the preparation of a City- Wide Hazard Assessment and Mitigation Plan will fulfill the City's requirement with regards to City public facilities. City Council Meeting Agenda March 20, 2007 Page 7 of 11 Recommendation: Approve the Consultant Services Agreement with Risk Management Professionals to prepare a City-Wide Hazard Assessment and Mitigation Plan in the not to exceed amount of $60,510.00 and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City subject to approval by the City Attorney. 12. CITY-WIDE SURVEY This item has been placed on the agenda at the request of Councilmember Jim Palmer who wishes to discuss the possibility of developing a City-Wide Survey. Recommendation: Pleasure of the City Council. 13. ORDINANCE SECOND READING - REGULATION OF PERMANENT COSMETIC FACILITIES Recommendation: Have second reading by title only and adoption of Ordinance No. 1324 (roll call vote) ORDINANCE NO. 1324 - An ordinance of the City Council of the City of Tustin, adding Part 4 to Chapter 1 of Article 4 of the Tustin City Code to regulate the inspection of permanent cosmetics facilities by the Orange County Health Department; amending Part 4 of Chapter 1 of Article 3 to remove the definition of body piercing and tattooing; and amending Part 5 of Chapter 6 of Article 3 to remove all references to body piercing and tattooing 14. EVALUATION OF COMMISSIONERS' STIPEND This item has been placed on the agenda at the request of Councilmember Kawashima who wanted to evaluate the compensation for the various commissions in the City. Recommendation: Pleasure of the City Council. 15. REDEVELOPMENT AGENCY ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN IN THE MCAS TUSTIN AND SOUTH CENTRAL PROJECT AREAS Adoption of the attached ordinances is required as a result of recent changes to California Redevelopment law. City Council Meeting Agenda March 20, 2007 Page 8 of 11 Recommendations: 15.a. Introduce and have first reading of Ordinance Nos. 1333 and 1334 and set for second reading at the Council's next scheduled meeting; ORDINANCE NO. 1333 - An ordinance of the City of Tustin, California containing a description of the Tustin Community Redevelopment Agency's program to acquire real property by Eminent Domain in the South Central Redevelopment Project ORDINANCE NO. 1334 - An ordinance of the City of Tustin, California containing a description of the Tustin Community Redevelopment Agency's program to acquire real property by Eminent Domain in the MCAS- Tustin Redevelopment Project 15.b. Authorize staff to transmit to the County recorder the revised Official Notices for the MCAS Tustin Redevelopment Project Area and the South Central Redevelopment Project Area. 16. CITY COUNCIL - LEGISLATIVE REPORTS · AB1457 (Huffman) State Parks: Roads · SB670 (Correa) Real Property Transfer Fees Recommendation: Pleasure of the City Council. RECESS TO JOINT SESSION BETWEEN THE CITY COUNCIL AND TUSTIN PUBLIC FINANCING AUTHORITY 17. FIRST AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT 06-01 (MASTER DEVELOPMENT SITE) Approval is requested of a First Amendment to the Disposition and Development Agreement (DDA) for the Master Development site between the City of Tustin, Tustin Public Financing Authority, and Tustin Legacy Community Partners, LLC ("TLCP" or the "Developer") for the sale and development of certain property at Tustin Legacy ("Project"). City Council Action Recommendations: 17.a. Adopt resolution; and City Council Meeting Agenda March 20, 2007 Page 9 of 11 RESOLUTION NO. 07-29 - A resolution of the City of Tustin City Council finding that the Final Environmental Impact Statement/Final Environmental Impact Report for the disposal and reuse of MCAS Tustin ("FEIS/FEIR") and its addendum is adequate to serve as the project EIS/EIR for the First Amendment to Tustin Legacy Disposition and Development Agreement 06-001 (Master Developer) and that all applicable mitigation measures will be incorporated into the project as required by the California Environmental Quality Act 17.b. Approve and authorize the City Manager, or Assistant City Manager to execute the First Amendment to DDA 06-01 and to carry out all actions necessary to implement the amendment including execution of all related documents and instruments. Tustin Public Financinq Authoritv Action (Item #2) Recommendations: TPFA.2.a. Adopt resolution; and RESOLUTION NO. 07-01 - A resolution of the Tustin Public Financing Authority finding that the Final Environmental Impact Statement/Final Environmental Impact Report for the disposal and reuse of MCAS Tustin ("FEIS/FEIR") and its addendum is adequate to serve as the project EIS/EIR for the First Amendment to Tustin Legacy Disposition and Development Agreement 06-001 (Master Developer) and that all applicable mitigation measures will be incorporated into the project as required by the California Environmental Quality Act TPFA 2.b. Approve and authorize the City Manager, or Assistant City Manager to execute the First Amendment to DDA 06-01 on behalf of the Tustin Public Financing Authority and to carry out all actions necessary to implement the amendment including execution of all related documents and instruments. RECESS TO JOINT SESSION BETWEEN THE CITY COUNCIL AND TUSTIN COMMUNITY REDEVELOPMENT AGENCY 18. BENEFIT RESOLUTIONS FOR USE OF MCAS TUSTIN REDEVELOPMENT TAX INCREMENT FUNDS FOR A PORTION OF THE COSTS OF PHASE I NEWPORT AVENUE EXTENSION/NORTHBOUND SR-55 RAMP RECONFIGURATION/EDINGER AVENUE WIDENING PROJECT IMPROVEMENTS City Council Meeting Agenda March 20, 2007 Page 1 0 of 11 Agency and City Council consent is requested to allow the Tustin Community Redevelopment Agency Executive Director to pay all or a part of the costs of acquisition and construction of Phase I Newport Avenue Extension/Northbound SR-55 Ramp Reconfiguration/Edinger Avenue Widening Project Improvements out of MCAS Tustin Redevelopment Project tax increment. City Council Action Recommendation: Adopt resolution. RESOLUTION NO. 07-30 - A resolution of the City Council of the City of Tustin making findings pursuant to Health and Safety Code Section 33445 for acquisition of property and right-of- way necessary to construct the Phase I Newport Avenue Extension/Northbound SR-55 Ramp Reconfiguration/Edinger Avenue Widening Project Improvements Tustin Community Redevelopment Aqencv Action (Item #3) Recommendation: Adopt resolution. RDA RESOLUTION NO. 07-01 - A resolution of the Tustin Community Redevelopment Agency making findings pursuant to Health and Safety Code Section 33445 for acquisition of property and right-of-way necessary to construct the Phase I Newport Avenue Extension/Northbound SR-55 Ramp Reconfiguration/Edinger Avenue Widening Project Improvements SECOND PUBLIC INPUT - At this time, any member of the public may address the City Council on Non-agenda items, within the jurisdiction of the City Council. OTHER BUSINESS AND COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for Tuesday, April 3, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting Agenda March 20, 2007 Page 11 of 11