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Home My WebLink About00 CC AGENDA 09-18-07 CITY OF TUSTIN SEPTEMBER 18, 2007 COUNCIL CHAMBER REGULAR MEETING 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 September 18, 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 - ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) – 2 Cases B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) – 2 Cases C. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION pursuant to Government Code Section 54956.9 – AAE PUBLIC MEETING 7:00 p.m. CALL TO ORDER INVOCATION – Father Al Baca, St. Cecilia’s Church PLEDGE OF ALLEGIANCE – Councilmember Davert City Council Meeting September 18, 2007 Agenda Page 1 of 5 ROLL CALL –City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATIONS Proclamation presented by Mayor Bone to Fire Battalion Chief Rohde for Fire Prevention Month Presentation by Brad White of Yellow Ribbon America FIRST 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. PUBLIC HEARING ITEMS 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 Item 1) 1. PUBLIC HEARING – ZONE CHANGE 06-002, TENTATIVE TRACT MAP 17096 (1972 MITCHELL AVENUE AND 14251-14351 BROWNING AVENUE) The project is the proposed redevelopment of a 60-unit apartment complex on a 4.1-acre (net area) site with 77 condominium units referred to as "Hampton Village." The project site is located within the Suburban Residential (R-4) zoning district at 1972 Mitchell Avenue and 14251-14351 Browning Avenue at the southwest corner of Mitchell Avenue and Browning Avenue (APN 432-342-30). On August 28, 2007, and September 11, 2007, the Planning Commission conducted public hearings. Numerous residents of the neighboring properties spoke in opposition to the project at both meetings. On September 11, 2007, the Planning Commission, with a three to one vote, denied the project and directed staff to prepare resolutions of the project related to denial of Conditional Use Permit 06-024 and Design Review 06- 020 and recommending denial of Zone Change 06-002 and Tentative Tract Map 17096, for consideration by the Commission at the September 25, 2007, meeting. Recommendation: Continue Zone Change 06-002 and Tentative Tract Map 17096 for the proposed Hampton Village project to the first practical City Council meeting. This date will be determined upon receipt of an appeal. Adequate public notice could likely be provided for the October 16, 2007, or November 6, 2007 meeting. City Council Meeting September 18, 2007 Agenda Page 2 of 5 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 2 through 7) 2. APPROVAL OF MINUTES – REGULAR MEETING OF SEPTEMBER 4, 2007 Recommendation: Approve the Minutes of the Regular City Council Meeting held September 4, 2007. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,417,297.90; and $396, 845.27; and Payroll in the amount of $633,786.65. 4. PLANNING ACTION AGENDA - SEPTEMBER 11, 2007 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Ratify the Planning Commission Action Agenda of September 11, 2007. 5. CONSIDERATION OF CLAIM OF KEITH BLUE, CLAIM NO. 07-26 Recommendation: Deny Claim Number 07-26, Keith Blue, and direct Staff to send notice thereof to the Claimant and Claimant's attorney. 6. DECLARATION OF SURPLUS EQUIPMENT (FINANCE DEPARTMENT – INFORMATION TECHNOLOGY) The City has accumulated a large quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer usable or required for public use. Recommendations: 6.a. Declare the listed equipment surplus and not required for public use in accordance with the Tustin City Code, Section 1626; and City Council Meeting September 18, 2007 Agenda Page 3 of 5 6.b. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 7. SOLID WASTE CONTRACT TRANSITION STATUS CR&R, Inc. has completed the major tasks associated with the service transition from Federal Disposal Service (FDS) and will be ready to assume waste collection and recycling responsibilities on October 1, 2007. Recommendation: Report provided for informational purposes only. No action is required. REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 8 through 10) 8. INTERVIEW AND APPOINT MEMBER TO THE PLANNING COMMISSION The City Council will conduct interviews and appoint one (1) member to the Planning Commission. The vacancy is due to the resignation of-Brett Floyd with a term expiring March 1, 2008. The qualified applicants are as follow: • Deborah Gavello • Eileen Gilman • Eric Higushi • Jeff Thompson Recommendations: 8.a. Interview Planning Commission candidates; and 8.b. Cast ballots to determine appointment. 9. ADOPT ORDINANCE 1342 - ORDINANCE AMENDING SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY COUNCIL BADGES This action recommends an amendment to the recently adopted council badges ordinance in response to an opinion of the Attorney General. This ordinance would allow the City Manager to devise appropriate means of identification for members of the City Council consistent with the provisions of state law and the Attorney's General Opinion. City Council Meeting September 18, 2007 Agenda Page 4 of 5 Recommendation: Have second reading by title only and adoption of Ordinance No. 1342 (roll call vote) or action as necessary. ORDINANCE NO. 1342 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY COUNCIL BADGES 10. LEGISLATIVE REPORTS: SENATE BILL 619 Senate Bill 619 proposes to reduce the amount of contract payment retention allowed for public works contracts from 10% to 5%. The Assembly has placed this bill in the inactive file and staff is recommending that the City Council take no action at this time. Recommendation: Staff recommends no action at this time. 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, October 2, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting September 18, 2007 Agenda Page 5 of 5