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Home My WebLink About00 CC AGENDA 04-03-07 CITY OF TUSTIN APRIL 3, 2007 COUNCIL CHAMBER 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 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 April 3, 2007 meeting of the City Council. (Agenda Items A thru D) 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 – AAE B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 – Terms of Lease: Boys & Girls Clubs of Tustin, 580 W. Sixth Street, Tustin, CA 92780 C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) – 2 Cases D. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) – 2 Cases City Council Meeting April 3, 2007 Agenda Page 1 of 8 PUBLIC MEETING 7:00 p.m. CALL TO ORDER INVOCATION – Dane Counts, Tustin American Legion PRESENTATION OF COLORS & PLEDGE OF ALLEGIANCE – Tustin American Legion ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATION ? Metropolitan Water District on fluoridation 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 and 2) 1. APPEAL OF A PLANNING COMMISSION DECISION TO ALLOW FIBERCEMENT SIDING On March 6, 2007, the City Council appealed the Planning Commission's decision to allow the use of fibercement siding on a detached two car garage with second story game room currently under construction on a property improved with an "A"-rated dwelling in the Cultural Resource Overlay District located at 200 South "A" Street. The project was originally proposed by the owner and approved by the Zoning Administrator with redwood siding. The Community Development Director denied the owner's subsequent request to use fibercement siding instead of redwood siding. The owner appealed the decision to the Planning Commission. The Planning Commission overturned City Council Meeting April 3, 2007 Agenda Page 2 of 8 the Community Development Director's decision by approving the use of the fibercement siding. (Owner: Michelle Young) Recommendations: 1.a. Open and close a Public Hearing; and 1.b. The City Council may take the following actions: i. Take no action; thereby, leaving the Planning Commission decision to stand; ii. Deny the use of fibercement siding use on the building and request that staff return with a City Council resolution reversing the Planning Commission's decision; or, iii. Remand the matter back to the Planning Commission for further discussion and investigation of alternative siding materials. 2. MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE 07-001) AND DEVELOPMENT AGREEMENT 06-002 MCAS Tustin Specific Plan Amendment (Zone Change 07-001) and Development Agreement (DA) 06-002 are proposed by Tustin Legacy Community Partners, LLC. (the developer), a Delaware limited liability company. Zone Change 07-001 generally would allow tandem parking in residential developments and compact spaces in non-residential developments and would specify their required dimensions. Zone Change 07 -001 Would not increase the overall development potential or residential capacity currently allowed by the MCAS Tustin Specific Plan. The purpose of DA 06-002 is to give the developer certain assurance that in return for Developer's commitment to the comprehensive planning for the Property that is contained in the Disposition and Development Agreement (DDA) and the Specific Plan, the City will in turn remain committed to the DDA and the Specific Plan. The City Attorney is working with the Tustin Legacy Community Partners legal counsel on this matter; therefore, DA 06- 002 was not forwarded to the Planning Commission. On March 27, 2007, the Planning Commission recommended that the City Council approve the Zone Change 07-001 and continued Development Agreement 06-002. Applicant: Tustin Legacy Community Partners, LLC. Recommendations: City Council Meeting April 3, 2007 Agenda Page 3 of 8 2.a. Open and close a Public Hearing; and 2.b. Adopt resolution; RESOLUTION NO. 07-33 - 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 MCAS Tustin Specific Plan Amendment (Zone Change 07-001) and that all applicable mitigation measures will be incorporated into the project as required by the California Environmental Quality Act 2.c. Introduce and have first reading, by title only, of Ordinance No. 1335 approving Zone Change 07-001 and set for second reading at the Council's next scheduled meeting; and ORDINANCE NO. 1335 - An ordinance of the City Council of the City of Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone Change 07-001) to amend various sections of the MCAS Tustin Specific Plan 2.d. Continue Development Agreement 06-002 to next City Council meeting of April 17, 2007. 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 – SPECIAL AND REGULAR MEETINGS OF MARCH 20, 2007 Recommendation: Approve the Minutes from the Special and Regular City Council Meetings of March 20, 2007. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $2,320,147.97 and $2,400,481.51; and Payroll in the amount of $626,624.09. City Council Meeting April 3, 2007 Agenda Page 4 of 8 5. PLANNING ACTION AGENDA - MARCH 27, 2007 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 27, 2007. 6. CONSIDERATION OF CLAIM OF NUBIA B. JARAMILLO, CLAIM NO. 06-34 Recommendation: That the City Council deny Claim Number 06-34, Nubia B. Jaramillo, and direct Staff to send notice thereof to the Claimant. 7. CONSIDERATION OF CLAIM OF LORNA LAUGEN, CLAIM NO. 06-38 Recommendation: That the City Council deny Claim Number 06-38, Lorna Laugen, and direct Staff to send notice thereof to the Claimant. 8. CONSIDERATION OF CLAIM OF MADHUI OElERICH, CLAIM NO. 07-01 Recommendation: That the City Council deny Claim Number 07-01, Madhui Oelerich, and direct Staff to send notice thereof to the Claimant. 9. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES FOR CONSTRUCTION DOCUMENTS FOR THE TUSTIN AREA SENIOR CENTER KITCHEN RENOVATION Approval of a Consultant Services Agreement to provide the City with architectural design, construction documents, and plans and specifications for the improvements to the Tustin Area Senior Center Kitchen. Recommendation: Authorize the Mayor and the City Clerk to execute a Consultant Services Agreement with the firm of Crane Architectural Group for the Tustin Area Senior Center project in an amount not to exceed $28,000. 10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR PARCEL MAP NO. 2005-224 (M2 PROPERTIES, INC) All public improvements associated with Parcel Map No. 2005-224 have been completed. In addition, all monuments associated with the Parcel Map have been set, inspected and verified as complete. The Public Works Department is now recommending acceptance of the public improvements and release of City Council Meeting April 3, 2007 Agenda Page 5 of 8 the public improvement and monumentation bonds. Recommendation: It is recommended that the City Council accept the public improvements and release the following bonds in the indicated amounts: Faithful Performance Bond (cash deposit) $ 50,500.00 Labor and Material Bond (cash deposit) $ 25,000.00 Monumentation Bond (cash deposit) $ 1,000.00 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 15) 11. PRESENTATION ON THE CURRENT DEVELOPMENT PHASE OF CITRUS RANCH PARK (PROJECT. NO. 2046) A report by the Director of Parks and Recreation Services on the status of the Capital Improvement Project No. 2046 Citrus Ranch Park. It provides a review of the design development plan, a review of modified options, and a projection of Park Fund balances. Recommendation: Direct the Community Services Commission to review the three preferred options and return to the City Council a recommended preferred option. Following the Community Services Commission recommendation, the City Council will receive a staff report which would include the adoption of the resolution to approve the Environmental Impact Report and Approval of Plans and Specifications. 12. CONTINUED ITEM: EVALUATION OF COMMISSION STIPEND This item was continued from the March 20, 2007 Council meeting for further evaluation. The item was originally placed at the request of Councilmember Kawashima who wanted to evaluate the compensation for the various commissions in the City, following a reorganization of duties. Recommendation: Pleasure of the City Council. 13. ORDINANCE SECOND READING - 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 City Council Meeting April 3, 2007 Agenda Page 6 of 8 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1321 (roll call vote) 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 14. EVALUATION OF PROPOSALS FOR CITY WIDE CELLULAR WIRELESS COMMUNICATIONS MASTER PLAN Proposals were received from CityScape Consultants, Inc., and ATS Communications in response to the Request for Proposal for a City Wide Cellular Wireless Communications Master Plan. Staff evaluation of the proposals of the two companies summarized that CityScape Consultants, Inc., and ATS Communications provided qualified responses to the necessary requirements and tasks of the proposal. Recommendation: Direct staff to prepare a Consultant Services Agreement between the City and the proposing firm selected, subsequent to negotiating terms and conditions outlined in the proposal, and return it to the City Council for approval. 15. CITY COUNCIL – LEGISLATIVE REPORTS The following legislative items to be discussed by the City Council. ? SB645 (Correa): Design-Build Authorization for the Orange County Sanitation District ? SB303 (Ducheny): Local Government; Housing. Recommendation: Pleasure of the City Council. 16. ORDINANCE SECOND READING - REDEVELOPMENT AGENCY ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN IN THE MCAS TUSTIN AND SOUTH CENTRAL PROJECT AREAS Recommendation: Have second reading by title only and adoption of Ordinance No. 1333 and 1334 (roll call vote) City Council Meeting April 3, 2007 Agenda Page 7 of 8 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 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 17, 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 April 3, 2007 Agenda Page 8 of 8