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HomeMy WebLinkAbout00 C.C. AGENDA 11-06-07CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Doug Davert, Councilmember Tony Kawashima, Councilmember Jim Palmer, Councilmember NOVEMBER 6, 2007 - - • COUNCIL CHAMBER .. 300 CENTENNIAL WAY, TUSTIN _ - William A. Huston, City Manager Douglas Holland, City Attorney Lou Bone, Mayor Pamela Stoker, City Clerk 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 November 6, 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 - EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(b) - 2 Cases B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding pending litigation to which the City is a party - 2 Cases 1. City of Newport Beach and City of Tustin v. City of Irvine (Martin Street Condos) 2. City of Newport Beach and City of Tustin v. City of Irvine (2851 Alton) C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: c.1. AgencY Negotiator: Kristi Recchia, Director of Human Resources Employee Organization: Part-Time Unrepresented Employees Employee Organization: Unclassified Confidential Employees c.2. AgencY Negotiator: William A. Huston, City Manager City Council Meeting November 6, 2007 Agenda Page 1 of 12 Employee Organization: Emplo ewe Organization: Employee Organization: Supervisors Management Executive Management PUBLIC MEETING 7:00 p.m. ~~ ~~ CALL TO ORDER INVOCATION -Councilmember Jim Palmer PLEDGE OF ALLEGIANCE -Councilmember Doug Davert ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney PRESENTATIONS • Proclamation presented by Mayor Bone to Cliff Polston of Boys & Girls Club • City Emergency Preparedness Plan • Transportation Corridor Agency 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. APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 06-024 AND DESIGN REVIEW 06-020, ZONE CHANGE 06-002, TENTATIVE TRACT MAP 17096 City Council Meeting ~ November 6, 2007 Agenda Page 2 of 12 The project site consists of a 4.1-acre (net area) site currently developed with 60 apartment units. The project site is located at the southwest corner of Mitchell Avenue and Browning Avenue (1972 Mitchell Avenue and 14251- 14351 Browning Avenue) within the Suburban Residential (R-4) zoning district and High Density Residential General Plan land use designation (APN 432-342-30). On August 28, 2007, and September 11, 2007, the Planning Commission conducted public hearings on the proposed project. On September 25, 2007, the Planning Commission adopted Resolution No. 4065 denying Conditional Use Permit 06-024 and Design Review 06-020 for development of the site with the proposed height and site design, and adopted Resolution No. 4066 recommending that the City Council deny the proposed zone change and tentative tract map. On October 2, 2007, the applicant appealed the Planning Commission's actions to the City Council. In accordance with Tustin City Code Section Nos. 9272, 9294, and 9321, public noticing for the appeal was provided and the appeal was scheduled for the next available City Council meeting. The City Council is requested to consider the appeal of Planning Commission's decisions including denial of the conditional use permit, design review, zone change, and tentative tract map for subdivision and development of the site with 77 units. Recommendations: 1.a. Open and close a Public Hearing; 1.b. Per Tustin City Code Section 9294(c), the City Council could take action on one of the following alternatives: A. Uphold the Planning Commission's action denying the Conditional Use Permit and Design Review applications and deny Zone Change 06-002 and Tentative Tract Map 17096 and direct staff to prepare resolutions similar to those adopted by the Planning Commission; B. Adopt the following resolutions approving the project: • Resolution No. 07-77 finding the MND adequate for the proposed Zone Change 06-002, Tentative Tract Map 17096, Conditional Use Permit 06-024 and Design Review 06-020; • Resolution No. 07-78 approving Tentative Tract Map 17096; • Resolution No. 07-79 approving Conditional Use Permit 06- 024 and Design Review 06-020; and • Introduce and have first reading, by title only, of Ordinance No. 1343 rezoning the subject property from Suburban Residential (R-4) to Multiple Family Residential (R-3); City Council Meeting ~ November 6, 2007 Agenda Page 3 of 12 C. Remand the project back to the Planning Commission; or D. Modify the action and provide direction to staff. 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 17) 2. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF OCTOBER 16, 2007 Recommendation: Approve the Minutes of the Special and Regular City Council Meetings held October 16, 2007. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $756,067.63, $2,037,619.63 and $2,099,584.82; and Payroll in the amount of $690,087.98. 4. PLANNING ACTION AGENDA -OCTOBER 23, 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 October 23, 2007. 5. CANCELLATION OF DECEMBER 18, 2007 CITY COUNCIL MEETING Recommendation: Direct the City Clerk to post a Notice of ,Cancellation for the regularly scheduled Council and Redevelopment meetings of December 18, 2007 and that the City Council hereby waives notice of said meeting as required by Government Code Section 54954. 6. NEGATIVE DECLARATION FOR THE TUSTIN COMMUTER RAIL STATION PARKING STRUCTURE The Tustin Commuter Rail Station Parking Structure project proposes the replacement of an existing surface parking lot at the Tustin Commuter Rail City Council Meeting November 6, 2007 Agenda Page 4 of 12 Station with the construction of a parking structure with up to 825 parking spaces on up to five levels. The project is a cooperative effort between the Orange County Transportation Authority (OCTA) and the City of Tustin and is needed to provide additional parking to serve the growing number of patrons of the Southern California Regional Rail Authority's (SCRRA's) Metrolink commuter rail service. The OCTA will be responsible for the design and construction of the project. A Final Negative Declaration has been prepared for this project (Exhibit A of Resolution No. 07-83), and no potential significant environmental impacts have been identified. Recommendation: Adopt Resolution. RESOLUTION NO. 07-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE TUSTIN COMMUTER RAIL STATION PARKING STRUCTURE PROJECT, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 7. HISTORIC REGISTER AND COMMENDED PROPERTY PROGRAMS In July of 2007, the Planning Commission received a request from the Tustin Preservation Conservancy to assume responsibility for administering the Tustin Historic Register Plaque Program and the Commendation Program. The Planning Commission discussed the matter and directed staff to develop revised procedures in which the Tustin Preservation Conservancy and the Tustin Area Historical Society would assist the Planning Commission by collaborating in the review of plaque nominations and by submitting commendation nominations to the Planning Commission on an alternating basis. The revised draft procedures were approved by the Planning Commission on October 23, 2007. The Planning Commission would like to obtain concurrence from the City Council before implementing the revised Tustin Historic Register and Commendation Programs. Recommendation: The Planning Commission requests that the City Council concur with the revised procedures for the Tustin Historic Register and Commendation Programs. 8. FOURTH AMENDMENT TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA 04-02) (RETAIL DEVELOPMENT) City Council authorization is requested for approval of a Fourth Amendment to the Tustin Legacy DDA 04-02 between the City of Tustin and Vestar/Kimco Tustin, L.P. (the "Developer") Recommendations: City Council Meeting November 6, 2007 Agenda Page 5 of 12 8.a. Adopt Resolution; and RESOLUTION NO. 07-85 - A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO PUBLIC RESOURCES CODE SECTION 2116 AND SECTION 15168(c) OF STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE SCOPE OF THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN EIS/EIR), AS AMENDED BY ADDENDUM AND NO NEW ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT 8.b. Subject to any non-substantive modifications as may be determined necessary by the City's Tustin Legacy Special Counsel, approve and authorize the City Manager or Assistant City Manager to execute the Fourth Amendment to DDA 04-02 between the City of Tustin and Vestar/Kimco Tustin, L.P. and to carry out all actions necessary to implement the amendment including execution of all related comments. 9. CONSIDERATION OF CLAIM OF MICHELE GUSTAFSON, CLAIM NUMBER 07-25 The Claimant has reported that while her daughter was at science camp in Tustin, children in attendance were given syringe type toys to fill with water and squirt each other. Her daughter was shot in the eye with this water at close range, causing redness and swelling. The Claimant is asking to be reimbursed $637.00 to cover her husband's lost wages when he missed work to take their daughter to the doctor and to pay the bill from the doctor's office. Recommendation: Deny Claim Number 07-25, Michele Gustafson, and direct Staff to send notice thereof to the Claimant. 10. CONSIDERATION OF CLAIM OF KEVIN JOHN LAMP, CLAIM NUMBER 07- 23 The Claimant reported that City trees have caused problems with a number of residences on his street, penetrating the sewer pipes in front of the houses. He had the lines rooted twice -then subsequent plumbing service work was needed on the sewer lateral line, at a cost of $8,250.00. Recommendation: Deny Claim Number 07-23, Kevin John Lamp, and direct Staff to send notice thereof to the Claimant. City Council Meeting November 6, 2007 Agenda Page 6 of 12 11. CONSIDERATION OF CLAIM OF CHAD GARRETT, CLAIM NUMBER 07-33 It was reported by the Claimant's parents that while playing basketball at the Columbus Tustin gym, the Claimant was guarding another player and the player elbowed him in the mouth. The Claimant's front tooth was chipped and the cost to have it repaired with bonding was $300.00. Recommendation: Deny Claire Number 07-33, Chad Garrett, and direct Staff to send notice thereof to the Claimant. 12. ADOPT RESOLUTION NO. 07-80 AUTHORIZING THE TEMPORARY CLOSURE AND REROUTING OF TRAFFIC FOR THE ORANGE COUNTY MARATHON The State of California has approved the conducting of the Orange County Marathon on January 6, 2008, requiring the closure of SR 261 between Walnut Avenue and Portola Parkway. Recommendation: Authorize the temporary closure and re-routing of traffic onto and over Jamboree Road and Portola Parkway on January 6, 2008 between 6:00 a.m. and 12:00 p.m. 13. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE PASADENA AVENUE STORM DRAIN FROM MEDALLION AVENUE TO SYCAMORE AVENUE (CIP NO. 5032) Recommendations: 13.a. Adopt Resolution. RESOLUTION NO. 07-76 - 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 PASADENA AVENUE STORM DRAIN FROM MEDALLION AVENUE TO SYCAMORE AVENUE (CIP NO. 5032) 13.b. 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 City Council Meeting November 6, 2007 Agenda Page 7 of 12 year after the date of recordation of the Notice of Completion; and 13.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 final 10% retention in the amount of $82,717.91 to Sukut Construction, Inc. 14. APPROVAL OF AMENDMENT NO. NO. 12-238 WITH THE STATE OF AVENUE EXTENSION/SR-55 RAMP NO. 7130) 4 TO COOPERATIVE AGREEMENT CALIFORNIA FOR THE NEWPORT RECONFIGURATION PROJECT (CIP The proposed amendment to Cooperative Agreement No. 12-238 between the City of Tustin and the State of California (Caltrans) extends the agreement termination date to December 31, 2009 from December 31, 2007. The Cooperative Agreement is for the environmental, design and right-of-way phases of the Newport Avenue Extension / SR 55 Ramp Reconfiguration Project (CIP No. 7130). Recommendation: Approve Amendment No. 4 to Cooperative Agreement No. 12-238 with the State of California (Caltrans) and authorize the Mayor and City Clerk to execute the document on behalf of the City. 15. SUBMITTAL OF CITY OF TUSTIN APPLICATIONS FOR THE TRANSPORTATION DEVELOPMENT ACT AND TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAMS, FISCAL YEARS 2008-2009 AND 2009-2010 City Council adoption of Resolution Nos. 07-82 and 07-84 will authorize the City's two (2) applications for funds from the Transportation Development Act (TDA) and Transportation Enhancement Activity (TEA) Programs. The Orange County Transportation Authority (OCTA) requires City Council authorization as part of the application process. Recommendations: 15.a. Adopt Resolution; and RESOLUTION NO. 07-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FROM THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATION ACT - LEGACY FOR USERS FOR THE EDINGER AVENUE BEAUTIFICATION PROJECT City Council Meeting November 6, 2007 Agenda Page 8 of 12 BETWEEN EAST OF RED HILL AVENUE AND WEST OF JAMBOREE ROAD, FISCAL YEAR 2009-2010. 15.b. Adopt Resolution. RESOLUTION NO. 07-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FROM THE TRANSPORTATION DEVELOPMENT ACT (TDA) PROGRAM FOR THE NEWPORT AVENUE BICYCLE TRAIL BEAUTIFICATION PROJECT BETWEEN MAIN STREET AND IRVINE BOULEVARD, FISCAL YEAR 2009-2010. 16. AUTHORIZATION TO PURCHASE ONE GMC TRUCK WITH UTILITY BODY FOR FIELD SERVICES Authorize City staff to purchase one (1) GMC truck with utility body for use by the Public Works Department/Field Services Division. Recommendation: Award the bid for purchase of one (1) GMC truck with utility body, to Victor Buick/GMC Corona, CA in the amount of $23,753.08. 17. QUITCLAIM OF LA VETA WELL SITE, 17730 LA VETA AVENUE, ORANGE TO MR. & MRS. MICHAEL AND HEIDI DENHERTOG, 508 SOUTH LAURINDA LANE, ORANGE, CA The old La Veta Well has reached the end of its service life and has been destroyed per State of California and City of Orange guidelines. An adjacent neighbor, Mr. & Mrs. Michael and Heidi Denhertog have requested the City to quitclaim this former well site to them. The site is located over an area where the groundwater is high in nitrates and would require significant treatment. Additionally, the site is not large enough to drill another well, nor can it be reasonably expected to be developed by anyone else except the adjacent property owner. Finally, the cost of an appraisal and right of way agent would exceed the value of the property. It is recommended that the site be quitclaimed to the Denhertog's. Recommendation: Approve the quitclaim and conveyance documents as prepared by the City Attorney for the La Veta Well Site. City Council Meeting November 6, 2007 Agenda Page 9 of 12 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 18 through 21) 18. INTRODUCE AND WAIVE READING OF AN ORDINANCE ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES (ORDINANCE NO. 1344) The State's Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. The construction codes include: the California Building, Plumbing, Mechanical, and Electrical Codes, and other related codes. If the City Council approves Ordinance No. 1344, the most recent editions of the construction codes with the applicable amendments will be in effect within the City of Tustin as required by State Law. The 2007 State Building and Fire Codes are now based on the International Building and Fire Codes, 2006 edition, and other related construction codes. They are significantly changed from the 2001 state codes which were based on the 1997 Uniform construction codes. Recommendations: 18.a. Adopt Resolution; and RESOLUTION NO. 07-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING, FIRE, PLUMBING, MECHANICAL, AND ELECTRICAL CODES AS AMENDED BY THE STATE OF CALIFORNIA; 18.b. Introduce and waive first reading of Ordinance No. 1344, by title only and set for second reading at the Council's November 20, 2007 meeting. This procedure is in accordance with California Government Code Title 5, Division 1, Part 1, as published by the Building Standards Bulletin 99-01. ORDINANCE NO. 1344 - AN ORDINANCE OF THE CITY OF TUSTIN AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO City Council Meeting November 6, 2007 Agenda Page 10 of 12 19. INTRODUCE AND WAIVE READING REFERENCE THE CALIFORNIA INTERNATIONAL FIRE CODE WITH (ORDINANCE NO. 1345) OF AN ORDINANCE ADOPTING BY FIRE CODE BASED ON THE AMENDMENTS AND APPENDICES The State's Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. Ordinance No. 1345 introduces the California Fire Code. If the City Council approves Ordinance 1345, the Fire Code with applicable amendments will be in effect within the City of Tustin as required by State law. Recommendation: Introduce and waive first reading of Ordinance No. 1345 by title only and set for second reading at the Council's November 20, 2007 meeting. ORDINANCE NO. 1345 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SPECIFIED SECTIONS OF CHAPTER 1 OF ARTICLE 5 OF THE TUSTIN CITY CODE TO ADOPT THE 2007 CALIFORNIA FIRE CODE AS AMENDED THERETO 20. ADOPTION OF A LOCAL WORKFORCE HOUSING PREFERENCE POLICY FOR PARTICIPATION IN THE CITY'S AFFORDABLE HOUSING PROGRAMS Tustin City Council and Tustin Community Redevelopment Agency Board approval is requested for adoption of a Local Workforce Housing Preference Policy for Participants in City or Agency affordable housing programs. Recommendation: That the Tustin City Council and Tustin Community Redevelopment Agency Board adopt the attached Local Workforce Housing Preference Policy for those interested in seeking affordable housing opportunities in Tustin by granting current Tustin residents or individuals employed within the City of Tustin preference over an applicant who does not currently reside or is not employed in the City of Tustin. 21. LEGISLATIVE REPORTS - H.R. 3752, INDIAN GAMING REGULATORY ACT H.R. 3752 (Campbell) would provide that the Indian Gaming Regulatory Act shall not apply to an Indian tribe or to Indian lands of an Indian tribe until that Indian tribe has been federally recognized for a period of not less than 25 continuous years. A copy of the bill is included as Attachment A to this report. Recommendation: That the City Council take a position to support H.R. 3752 and direct staff to transmit the attached letter of support to Congressman City Council Meeting November 6, 2007 Agenda Page 11 of 12 Campbell. 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 meeting of the City Council is scheduled for Tuesday, November 20, 2007 at 5:30 for Closed Session and 7:00 p.m. for Regular Session in the Council Chamber, 300 Centennial Way, Tustin, California __ City Council Meeting November 6, 2007 Agenda Page 12 of 12