HomeMy WebLinkAbout00 AGENDA 12-06-04
CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL
DECEMBER 6, 2004
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Lou Bone, Mayor Pro Tem
Doug Davert, Councilmember
Tracy Worley Hagen, Counciimember
Jeffery Thomas, Councilmember
Jerry Amante, Councilmember Elect
Tony Kawashima, Mayor
William A. Huston, City Manager
Lois Jeffrey, City Attorney
Pamela Stoker, City Clerk
George Jeffries, City Treasurer
PUBLIC MEETING
7:00 P.M.
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CALL TO ORDER
INVOCATION - Jim Kane
PLEDGE OF ALLEGIANCE & PRESENTATION OF COLORS - Tustin DeMolay
NATIONAL ANTHEM - Lauren E. Cunningham, 2004 Miss Tustin
2002-2004 COUNCIL CONCLUSION
PRESENTATIONS to Councilmember Jeffery Thomas
Proclamation from the Tustin City Council presented by Mayor Tony Kawashima
Certificate of Commendation presented by the Irvine Ranch Water District (IRWD)
Resolution presented by 718t District, State Assemblyman Todd Spitzer's office
presented by Corey Calaycay
Tustin Chamber of Commerce Proclamation presented by Don Shubin
3rd District, Orange County Board of Supervisor Bill Campbell Proclamation presented
by Mark Denney
CERTIFICATES/PROCLAMATIONS awarded to Council member Jeffery Thomas
70th District, State Assemblyman John Campbell
33rd District, State Senator Dick Ackerman
48th District, Congressman Christopher Cox
City Council Meeting
Agenda
December 6, 2004
Page 1 of 8
2004-2006 CITY COUNCIL
OATHS OF OFFICE
Ceremonial Oath of Office administered to Tony Kawashima by City Clerk Pamela Stoker
Ceremonial Oath of Office administered to Lou Bone and Jerry Amante by Judge Lance
Jensen
Ceremonial Oath of Office administered to Pamela Stoker, City Clerk by Tony Kawashima
ROLL CALL
MAYOR AND MAYOR PRO TEM SELECTION
PRESENTATION
Building Industry Association of Southern California presentation of the "Ruby Slippers" Award
presented by Richard Douglass of Centex to the City of Tustin for accomplishments in
addressing important quality of life issues and housing needs of Orange County
CLOSED SESSION REPORT
FIRST PUBLIC INPUT
PUBLIC HEARING
A public hearing provides individuals the opportunity to be heard
regarding an intended action of the City Councii/Redevelopment
Agency related to land use or fees. (Agenda Items 1 and 2)
1.
ADOPTING THE 2000
RESOLUTION NO, 04-90
URBAN WATER
MANAGEMENT
PLAN AND
The California Urban Water Management Planning Act, established by State
Assembly Bill No. 797, requires urban water suppliers providing water for
municipal purposes to more than 3,000 service connections or supplying more
than 3,000 acre-feet of water annually, conduct a public hearing prior to the
adoption of an Urban Water Management Plan. The purpose of the Urban Water
Management Plan is to achieve conservation and efficient use of water supplies.
The proposed plan updates the City's 1995 Urban Water Management Plan
Legal Notice published in the Tustin News on November 18 and 25, 2004
Recommendations:
City Councii Meeting
Agenda
December 6, 2004
Page 2 of 8
1.a.
Open and close a Public Hearing; and
1.b.
Adopt resolution.
RESOLUTION NO. 04-90 - A resolution of the City Council of the City of
Tustin, California adopting the City of Tustin 2000 Urban Water
Management Plan
2.
TENTATIVE PARCEL MAP 2004-256
Tentative Parcel Map 2004-256 is a request to merge two parcels to create one 0.68
acre parcel at the southwesterly corner of Newport Avenue and EI Camino Real for
the development of a 7,400 square foot retail building. On November 22, 2004, the
Planning Commission recommended that the City Council approve Tentative Parcel
Map 2004-256 and approved Design Review 04-023 and Conditional Use Permit 04-
028. (Owners: Makena Great American and City of Tustin Redevelopment Agency;
Applicant: Makena Great American.)
Legal Notice published in the Tustin News on November 11, 2004
Recommendations:
2.a.
Open and close a Public Hearing; and
2.b.
Adopt resolution.
RESOLUTION NO. 04-97 - A resolution of the City of Tustin City Council
approving Tentative Parcel Map 2004-256 to merge two parcels to create
one parcel 29,733 square feet in area (0.68 acres) located at 14001 and
14011 Newport Avenue and 770 EI Camino Real (APN Nos, 401-641-05
and 401-641-07) located at the southwest corner of EI Camino Real and
Newport Avenue
CONSENT CALENDAR
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 16)
3.
APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 15, 2004
Recommendation: Approve the Regular City Council Meeting Minutes of November
15, 2004.
City Council Meeting
Agenda
December 6, 2004
Page 3 of 8
4.
5.
6.
7.
8.
9.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $408,422.97, $353,321.46
and $956,181.26 and Payroll in the amount of $500,662.53
CONSIDERATION OF CLAIM OF JOSE LUIS OJEDA: CLAIM NO. 04-19
Recommendation: After investigation and review by City Staff and the City's Claims
Administrator, it is recommended that the City Council deny the claim and direct the
City Clerk to send notice thereof to the claimant.
FIREARMS INVENTORY REDUCTION
Recommendation: Authorize the sale of two used duty firearms to two (2) retiring
Police Lieutenants per Department of Justice guidelines with proceeds deposited into
the General Fund. Payment to be made on behalf of the retirees by Tustin Police
Officers Association.
2005 LOCAL APPOINTMENTS LIST
Recommendation: Approve the 2005 Local Appointments List for the Planning
Commission, Parks and Recreation Commission, Cultural Resources Advisory
Committee and Audit Committee.
CANCELLATION OF DECEMBER 20,2004 COUNCIL MEETING
Recommendation: Direct the City Clerk to post a Notice of Cancellation for the
regularly scheduled Council meeting of December 20, 2004 and that the City Council
hereby waives notice of said meeting as required by the government code.
MILLS ACT PROGRAM HISTORIC
AGREEMENT FOR 165 SOUTH A STREET
PROPERTY
PRESERVATION
Recommendation: Adopt resolution.
RESOLUTION NO. 04-99 - A resolution of the City Council of the City of
Tustin, California authorizing the City Manager or authorized designee to
coordinate, process, and execute the Historic Property Preservation
Agreement attached thereto as exhibit 1 with the owners of the property
located at 165 South A Street, Tustin, California
10.
MILLS ACT PROGRAM HISTORIC
AGREEMENT FOR 168 NORTH A STREET
PROPERTY
PRESERVATION
City Council Meeting
Agenda
December 6, 2004
Page 4 of 8
Recommendation: Adopt resolution.
RESOLUTION NO. 04-96 - A resolution of the City Council of the City of
Tustin, California authorizing the City Manager or authorized designee to
coordinate, process, and execute the Historic Property Preservation
Agreement attached thereto as exhibit 1 with the owners of the property
located at 168 North A Street, Tustin, California
11.
PLANNING ACTION AGENDA - NOVEMBER 22, 2004
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 November 22,
2004.
12.
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT,
FY 2004/2005 (CIP NO. 7001), AND ANNUAL SIDEWALK REPAIR PROJECT,
FY 2004/2005 (PROJECT NO. 402-6235)
Recommendations:
12.a. Adopt resolution; and
RESOLUTION NO. 04-93 - A resolution of the City Council of the City of Tustin,
California approving plans and specifications for the Annual Major Maintenance
Project, FY 2004-2005 (CIP No. 7001), and Annual Sidewalk Repair Project, FY
2004-2005 (Project No. 402-6235), and authorizing advertisement for bids
12.b. Authorize and direct the City Clerk to advertise for bids.
13.
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE PHASE V REGIONAL TRAIL PROJECT (CIP
7085)
Recommendations:
13.a. Adopt resolution; and
RESOLUTION NO. 04-94 - A resolution of the City Council of the City of
Tustin, California approving plans and specifications for the Phase V Regional
Trail Project (CIP No. 7085) and authorizing advertisement for bids
13.b. Authorize and direct the City Clerk to advertise for bids.
City Council Meeting
Agenda
December 6, 2004
Page 5 of 8
14.
PROJECT FUNDING FOR THE MOTOR VEHICLE
SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM
REGISTRATION
Recommendations:
14.a. Authorize the use of City AB 2766 funds for the Red Hill Avenue/Olwyn
Drive Pedestrian Enhancement Project;
14.b. Authorize the use of City AB 2766 funds to offset the cost to purchase two
alternative fuel (propane) street sweepers; and
14.c. Authorize the City Manager to approve additional AB 2766 expenditures,
consistent with Air Quality Management District guidance, throughout the
2004/2005 program year as needed.
15.
FINAL TRACT MAP 16507 (WL HOMES)
On September 15, 2003 the City Council approved Vesting Tentative Tract Map
16507: WL Homes (dba John Laing Homes).for development of 189 residential
units including 138 single-family detached units and 51 patio homes in Planning
Area 21 of the MCAS-Tustin Specific Plan. The project site is 36,84 acres and is
bounded by Edinger Avenue on the north, Harvard Avenue and City of Irvine
medium density residential areas on the east, the Peters Canyon Flood Control
Channel and Jamboree Road on the west, and Moffett Avenue on the south.
Recommendation: Adopt resolution.
RESOLUTION NO. 04-103 - A resolution of the City Council of the City of
Tustin approving Final Tract Map 16507 to subdivide 36.84 acres to
develop 189 residential units, including 138 single family detached homes
and 51 patio homes, within Planning Area 21 of the MCAS Tustin Specific
Plan
16.
2003-2004 ANNUAL REPORT - REDEVELOPMENT AGENCY
Recommendations:
16.a. Receive and File an annual report of housing activity for 2003-2004; and
16.b. Direct that a copy of an annual report of housing activity for 2003-2004 and all
reporting documentation and forms be filed with the State Controller and State
Department of Housing and Community Development.
City Council Meeting
Agenda
December 6,2004
Page 6 of 8
REGULAR BUSINESS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 17 through 19)
17.
CERTIFICATION OF SUPPLEMENT NO.1 TO THE FINAL EIS/EIR FOR THE
DISPOSAL AND REUSE OF THE MARINE CORPS AIR STATION - TUSTIN
AND APPROVAL OF THE PROJECT ENTITLED EXTENSION OF TUSTIN
RANCH ROAD BETWEEN WALNUT AVENUE AND THE FUTURE ALIGNMENT
OF VALENCIA NORTH LOOP ROAD (THE "PROJECT") (CIP NO. 7100)
The attached resolutions provide the necessary approvals for the Tustin Ranch
Road Extension, Walnut Avenue to Valencia North Loop Road (CIP No. 7100). If
adopted by the City Council, Resolution No. 04-76 certifies Supplement #1 to Final
EIS/EIR for the Disposal and Reuse of the Marine Corps Air Station - Tustin.
Resolution No. 04-77 makes findings, adopts a Statement of Overriding
Considerations, adopts a Mitigation Monitoring Reporting Program, and approves
the project entitled Tustin Ranch Road Extension - Walnut Avenue to Valencia
North Loop Road (the "Project").
Recommendation: Adopt resolutions.
RESOLUTION NO. 04-76 - A resolution of the City Council of the City of
Tustin, California, certifying the Final EIS/EIR for the disposal and reuse of
MCAS Tustin as revised by Final Supplement #1 as complete and adequate
pursuant to the California Environmental Quality Act for the project entitled
"Extension of Tustin Ranch Road between Walnut Avenue and the future
alignment of Valencia North Loop Road" (the "Project")
RESOLUTION NO. 04-77 - A resolution of the City Council of the City of
Tustin, Califomia, making findings, adopting a statement of overriding
considerations, adopting a Mitigation Monitoring and Reporting Program, and
approving the project entitled "Extension of Tustin Ranch Road between
Walnut Avenue and the future alignment of Valencia North Loop Road" (the
"Project")
18.
CODE AMENDMENT 04-001 - MASSAGE REGULATIONS ORDINANCE
The proposed amendment would provide additional regulations governing
massage technicians and establish appeal procedures, including:
Require massage technicians to pass the National Certification Examination in
Therapeutic Massage and Bodywork (NCE) or pass a City Standardized
Massage Technician/Practitioner Test;
Exempt chair massage performed by City permitted massage technicians on
fully clothed persons at public places;
Establish additional appeal provisions for all decisions on permits regulated in
City Council Meeting
Agenda
December 6, 2004
Page 7 of 8
Article 3 of the Tustin City Code, including the option to appoint a hearing
officer to conduct appeal hearings; and
Remove the exemption for athletic trainers.
Recommendation: Introduce and have first reading by title only of the following
ordinance:
ORDINANCE NO. 1289 - An ordinance of the City Council of the City of
Tustin, California, amending sections 3141, 3622, 3623, 3625, 3628, and
3731 of the Tustin City Code regarding massage regulations and appeal
provisions
19.
CONSIDERATION OF PARKS AND RECREATION COMMISSION VACANCY
Recommendation: Pleasure of the City Council.
SECOND PUBLIC INPUT - Refer to First Public Input for information.
OTHER BUSINESS - City Manager, City Attorney, City Council
COMMITTEE REPORTS - City Council
ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday,
January 3, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin.
City Council Meeting
Agenda
December 6, 2004
Page 8 of 8