HomeMy WebLinkAbout05 MINUTES OF MEETING 2007 04 03 04-17-07Agenda Item 5
MINUTES OF THE REGULAR MEETING Reviewed:
OF THE CITY COUNCIL City Manager
TUSTIN, CALIFORNIA Finance Director N/A
APRIL 3, 2007
CALLTO ORDER-5:31 P.M.
ATTENDANCE
Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers
Doug Davert, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Maria R. Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Douglas C. Holland, City
Attorney
PUBLIC INPUT- None
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
RECESS - At 5:32 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENE - At 6:57 p.m. City Council reconvened in public session.
City Council Meeting April 3, 2007
Minutes Page 1 of 12
PUBLIC MEETING
CALL TO ORDER
– 7:0 2 P.M.
INVOCATION
– Tustin American Legion
PRESENTATION OF COLORS & PLEDGE OF ALLEGIANCE
– Tustin American
Legion
ROLL CALL
Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Councilmembers
Doug Davert, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Douglas C. Holland, City
Attorney
CLOSED SESSION REPORT
– Nothing to report
PRESENTATION
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Metropolitan Water District on fluoridation
FIRST PUBLIC INPUT
- None
PUBLIC HEARING ITEMS
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 ca r 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
the Community Development Director's decision by approving the use of the
fibercement siding. (Owner: Michelle Young)
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Staff report presented by Elizabeth Binsack, Director of Community
Development.
Background
May 9, 2005 – ZA approved the proj ect;
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January 17, 2007 – CDD denied fibercement and affirmed the use of wood
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siding;
January 23, 2007 – Ms. Young appealed CDD decision;
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February 12, 2007 – Planning Commission directed staff to return with a
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resolution to allow fibercement on the project;
February 26, 2007 – Planning Commission approved the use of
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fibercement siding on the project; and,
March 6, 2007 – Appeal of the Planning Commission decision filed by the
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City Council.
Director’s Findings for Denial
Guidelines indicate that new access ory structures should be compatible
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with materials used on an existing historic building. Importance of
matching wood siding is emphasized.
The existing historic home is improved with redwood siding;
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Wood - sided houses help define the historic character of the District;
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The Guidelines specifically provide several examples of non - wood siding
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that should be discouraged, fibercement is one;
The fibercement board dimensions and style would not maintain the
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beveled or rounded edge characteristics or gradation in width typical of the
wood siding used on the residence; and
If fibercement siding were allowed, several properties could be subject to
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inconsistent development with wood, fibercement siding or other materials
which could affect the character.
Summary o f Owner’s Planning Commission Presentation
The Residential Design Guidelines were not requested by or provided to
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the owner;
The Guidelines are from 1994 and do not include materials developed
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since that time such as suitable wood substitutes;
The Guideli nes are intended to be flexible and serve as a “yardstick”
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against which to measure proposed projects and not strict development
standards. All aspects of the Guidelines are not necessarily appropriate for
each project;
Projects are encouraged to follow th e “spirit” of the guidelines to the
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greatest degree possible;
Staff used Guideline paragraphs and sections out of context;
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Use of the fibercement siding will not hurt the harmony of the
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neighborhood;
Page 66 of the Guidelines state in part that a new acces sory structure can
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generally attain architectural compatibility by incorporating a few key
character defining elements of the main building and that accessory
buildings are utilitarian structures and should not attempt to incorporate the
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level of detail an d decoration as the house unless they are attached to it
and are clearly visible from the street;
The staff report indicated that approval of fibercement siding could set a
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precedent that could damage the integrity of the District. Ms. Young
provided info rmation from her conversation with a Historian at the Office of
California Historical Preservation in Sacramento in which the historian
stated that all California Registered Buildings are evaluated on their own
individual merits as a building; a detached a ccessory building on the same
property has no bearing on the potential listing of another building; and, a
District can not be jeopardized in any way by a new accessory building.
Planning Commission Findings for Approval
The fibercement siding will be on an ancillary building that does not need to
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attempt to incorporate the level of detail as the existing historical structure;
The fibercement siding meets the spirit and intent of the design review
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criteria in that it would be comparable with the style, qu ality, dimensions,
texture, color, and materials of the existing home;
The fibercement siding would not be used on an existing structure listed on
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the historical survey, would not be associated with an addition to a
structure listed on the historical surve y, would be installed on a new
detached garage setback 67 feet from the public right - of - way which would
not be distinguishable from wood siding to the untrained eye; and,
The architecture of the detached garage has been determined to be
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complementary of th e existing Colonial Revival dwelling on the site as
intended in the Design Guidelines and is compatible with structures in the
Cultural Resource District.
Note: The Planning Commission clarified that fibercement siding may not be acceptable for all struct ures in the
Cultural Resource District and/or properties improved with structures designated on the Historic Resource Survey.
Public hearing opened at 7:37 p.m. The following speakers address ed the
Council: Appellant Michele Young, Brent F erdig in oppos ition to project ; and
Dave Vandav e er , Edward Wellman , and William Hankins who spoke in
support of project. The hearing closed at 8 : 04 p.m.
Motion: It wa s moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to take no action thereby, leaving the Planni ng Commission
decision to stand. Motion carried 5 - 0.
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 wo uld specify their required dimensions. Zone Change 07
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- 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. T he 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 th e Zone Change 07 - 001 and continued Development
Agreement 06 - 002.
Applicant: Tustin Legacy Community Partners, LLC.
Staff report presented by Elizabeth Binsack, Director of Community
Development.
Background
On March 7, 2005, the Tustin City Council appro ved Specific Plan
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Amendment/Zone Change 04 - 03 modifying certain Specific Plan site
development standards as it affects Planning Area 4 and 5 (Ordinance No.
1297). The applicant on this request was Marble Mountain Partners, LLC.
On March 7, 2005, the Tustin City Council also prezoned MCAS Tustin
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Specific Plan Disposition Parcel 36 from the City of Irvine to the City of
Tustin and amended the Specific Plan to establish Tustin site development
standards for Disposition Parcel 36 (Ordinance Nos. 1294 and 1295).
Disposition Parcel 36 was subsequently annexed to the City of Tustin. The
applicant on this request was Marble Mountain Partners, LLC.
On June 5, 2005, the Tustin Council approved Specific Plan Amendment
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05 - 001 (Ordinance No. 1299). The purpose of the a mendment was to
facilitate the application and implementation of some of the requirements
contained in the Specific Plan, and provide for minor clarifications and
modifications as it primarily related to density calculations, the definition of
a developmen t unit, and the transfer or residential units between planning
areas. The City was the applicant on this request.
On April 17, 2006, the Tustin Council approved Specific Plan Amendment
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05 - 002 (Ordinance No. 1311). The purpose of the amendment was to
facil itate the implementation of a refined master development plan for
Tustin Legacy.
On March 27, 2007, the Planning Commission adopted Resolution Nos.
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4058 and 4059 recommending that the City Council approve Zone Change
07 - 001 and continued the DA 06 - 002.
Z one Change 07 - 001 Proposal
Section 3.13.1.J of the MCAS Tustin Specific Plan is proposed to be
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amended as follows:
1. Within Planning Areas 7 through 15:
An enclosed garage parking space clear and unobstructed inside
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dimension shall be not less than 10 f eet by 20 feet. All other standard
spaces shall be not less than 9 feet by 18 feet, except that a parking
space abutting a solid wall within a parking structure shall be not less
than 10’ - 6” by 18 feet.
The minimum width of any two - way drive aisle serving a parking space
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shall be not less than 24 feet. When parking spaces are located within a
parking structure, any supporting column shall be set back two (2) feet
from the drive aisle as measured from the centerline of the column.
Up to 20 percent of the pa rking spaces required for non - residential use
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may be designed and designated for compact cars. A compact parking
space shall be not less than 8 feet by 16 feet. Compact spaces may not
be used to satisfy any portion of the required number of
covered/assigne d spaces or guest spaces for residential developments.
Where authorized in Table 3 - 4, an enclosed tandem garage space clear
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and unobstructed inside dimension shall be not less than 10 feet by 40
feet. Where located in an open parking structure, a tandem s pace clear
and unobstructed dimension shall be not less than 9 feet by 36 feet.
Environmental Review
On January 16, 2001, the City of Tustin certified the Program Final
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Environmental Impact Statement/Environmental Impact Report for the
reuse and disposa l of MCAS Tustin (FEIS/EIR).
On April 3, 2006, the City Council adopted Resolution No. 06 - 43 approving
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an Addendum to the FEIS/EIR.
The City prepared a comprehensive Environmental Checklist for the
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proposed Disposition and Development Agreement (DDA) Amend ment,
Development Agreement (DA 06 - 002), and MCAS Tustin Specific Plan
Amendment (ZC 07 - 001) for the proposed project.
The Environmental Checklist concluded that the proposed project does not
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result in any new significant environmental impacts, substantial changes or
a substantial increase in the severity of any previously identified significant
impacts in the FEIS/EIR and Addendum.
No new information of substantial importance has surfaced since
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certification of the FEIS/EIR and Addendum.
Public hearing op ened at 8 : 21 p.m. Ms. Cobb and Simon Whitmey
addressed the Council. T he hearing closed at 8 : 32 p.m.
Council discussed parking issues, specifically on major arterials . City
Manager Huston noted that Ordinance would be modified accordingly, but if
substan tive changes are made, will be re - introduced at the following meeting
Motion: It wa s moved by Councilmember Palmer, seconded by
Councilmember Davert , to modify ordinance to not include parking on public
right of way, and to :
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2 . a . 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 s erve 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 . b . Introduce and have first reading, by title only, of Ordinance No. 1335
approving Zone Change 07 - 001 (with change noted above) 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 . c . Continue Development Agreement 06 - 002 to next City Council
meeting of April 17, 2007.
Motion carried 5 - 0.
CONSENT C ALENDAR ITEMS –
Item No. 9. pulled by Councilmember Davert . It wa s
moved by Councilmember Davert, seconded by Mayor Pro Tem Amante , to approve
balance of Consent Calendar items. Motion carried 5 - 0.
3 . APPROVAL OF MINUTES – SPECIAL AND REGULAR MEETING S OF
MARCH 20 , 2007
Motion: Approve the Minutes from the Special and Regular City Council
Meeting s of March 20 , 2007 .
4 . APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $ 2,320,147.97 and $2,400,48 1.51 ;
and Payr oll in the amount of $626,624.09 .
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.
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Motion: Ratify the Planning Commission A ction Agenda of March 27 , 2007.
6. CONSIDERATION OF CLAIM OF NUBIA B. JARAMILLO, CLAIM NO. 06 - 34
Motion: That the City Council deny Claim Number 06 - 34, Nubia B. Jaramillo,
and direct Staff to send notice thereof to the Claimant.
7. CONSID ERATION OF CLAIM OF LORNA LAUGEN, CLAIM NO. 06 - 38
Motion: 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
Motion: 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 S ENIOR 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.
Motion: It wa s moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante , to a uthorize 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 e xceed $28,000.
Motion carried 5 - 0.
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 mo numents 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
the public improvement and monumentation bonds.
Motion: It is r ecommended that the City Council accept the public
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improvements and release the following bonds in the indicated amounts:
Faithful Performance Bond (cash deposit) $ 50,500.00
L abor and Material Bond (cash deposit) $ 2 5,000.00
Monumentation Bond (cash de posit) $ 1,000.00
REGULAR BUSINESS ITEMS
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.
Motion: It wa s moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to d irect the Community Ser vices 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 a doption of the r esolution to a pprove the Environmental Impact
Report and Approval of Plans and Specifications. Motion carried 5 - 0.
12. CONTINUED ITEM: EVALUATION OF COMMISSION STIPEND
This item was continued from the March 20, 2007 Council meeting for fur ther
evaluation. The item w as 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.
Motion: It wa s moved by Councilmember Davert, seconded by Mayor Pro
Tem Amante, to increase stipends for Planning Commiss i on ers to $150 per
meeting and Community Services Commission to $100 per meeting. Motion
carried 5 - 0.
13 . ORDINANCE SECOND READING - COD E AMENDMENT 06 - 005:
ORDINANCE NO. 13 21: 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. L e ss 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 -
City Council Meeting April 3 , 200 7
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temporary signs for nonprofit organizations.
Motion: It wa s moved by Councilmember Davert, seconded by
Councilmember Palmer , to h ave 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
Motion carried 4 - 0 - 1 (Amante abstained) .
1 4 . EVALUATION OF PROPOSALS FOR CITY WIDE CELLULAR WIRELESS
COMMUNICATIONS MASTER PLAN
Proposals were received from Ci tyScape 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.
Staff report presentation by Patrick Sanchez, Director of Parks and
Recreation
Tony Ingegneri , representing ATS addressed the Council.
Motion: It w a s moved by Councilmember Palmer , seconded by
Councilmember Davert , to d irect staff to negotiate a comprehensive
Consultant Services Agreement between the City and ATS Communication
that includes phase 1 and 2 and will include terms and conditions outlined in
the proposal , outline of full - range of services , marketing plan for existing and
future sites , should bear no risk to the City, and will return it to the City
Council for final approval. Motion carried 5 - 0.
1 5 . CITY COUNCIL – LEGISLATIVE REPORT S
The following legislative items to be discussed by the City Council.
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SB645 (Correa): Design - Build Authorization for the Orange County
Sanitation District
It wa s moved by Councilmember Davert, seconded by Mayor Pro Tem
Amante, to send letter of support for S enate B ill 645. Motion carried 5 - 0.
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SB303 (Ducheny): L ocal Government; Housing
It wa s moved by Councilmember Davert, seconded by Mayor Pro Tem
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Amante, to send letter of opposition f o r S enate B ill 303. Motion carried 5 -
0
Mayor Bone requested staff reports on the following Bills:
AB 411 (Group Homes)
AB 1256 (Affordable Housing)
SB 286 (Allocation of Prop 1B)
S B 229 (Large & Heavy Load Vehicles )
AB 321 (Speed Limits Cl ose to S chool)
16. ORDINANCE SECOND READING - REDEVELOPMENT AGENCY
ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN IN THE MCAS
TUSTIN AND SOUTH CENTRAL PROJECT AREAS
Motion : It wa s moved by Councilmember Davert, seconded by
Councilmember Palmer, to h ave second reading by title only and adoption of
Ordinance No s . 13 33 and 1334 (ro ll call vote)
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
Motion carried 5 - 0.
SECOND PUBLIC INPUT
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Billy C. Hall reported that on 22 of March a Law & Order Banquet was held , two
Tustin Police Officers received A ward of M erit , J ames B rabeck and J on Cartwright .
OTHER BUSINESS AND COMMITTEE REPORTS
Councilmember Kawashima:
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Saturday is Easter Egg Hunt, invited all to attend; and
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Recent voluntary w ater conservation due to Demier Plant reconstruction, affected South
County residents only.
Councilmember Palmer:
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Senior Fund Board meeting – senior center losing van for not meeting AQMD standards;
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R equested presentation on city support of proposed new high school ;
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Congratulated Mark P arki n son, grand opening of Tustin HumVee dealership ;
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Congratulated Pacific Coast H igh S chool , winners of the Edison C hallenge grand priz e;
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Theodore Mitchell appointed to State Board of Education ;
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Congratulation s Tustin G irl S cout T roop 949 for supporting overseas troops; and
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Requested clarification from Chief of Poli ce on Sheriff Department’s new I nmate Immigration
Screening, at future meeting .
Councilmember Davert:
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Reminded everyone about Easter E gg H unt on Saturday ;
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Solid Waste Subcommittee to recommend award of contract on April 17 ;
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Frequent m eetings with master developer and city staff on Tustin High School design ;
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Thanked Commi ssion s for job well done and responsive ness to community ; and
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A nnounced that Joe M cPherson, who was great philanthropist, passed away last Friday and
requested meeting be adjourned in his memory.
Mayor Pro Tem Amante:
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Echoed sentiments of Councilmember Da vert on passing of Joe McPherson;
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Praised the hard work of commissions;
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Answered question posed in Tustin News regarding budget expenses; and
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Thanked Assemblyman Devore for opposition to SB12, which ultimately passed by only 1
vote, nevertheless thank ed f or efforts on behalf of Tustin .
Mayor Bone:
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Attended O range C ounty Mayors Round Table, schedule d future discussion with L os Angeles
Mayor Villara igosa on school districts;
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League of Cities Transportation, Communications and Public Policies Committee vot ed
against Echo 911;
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G lobal Warming change d name to Climate Change;
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P olicy meeting on how different cities address AT&T’s utility cabinets ;
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M ercury D isposal collected tons of e - waste , Cit y receives diversion credit;
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Thanked Chief and P olice D epartment f or recent drug bust; and
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City is celebrating 80 anniversary and Saturday is Easter Egg Hunt.
ADJOURN ED
– 9 :2 5 P.M. - 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
Adjourn in Memory of
Joe MacPherson
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