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Home My WebLink About04 CC Action Agenda 12-6-04 ITEM #4 Report to the Planning Commission DATE: SUBJECT: DECEMBER 13, 2004 CITY COUNCIL ACTION AGENDA DECEMBER 6, 2004 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDA DECEMBER 6, 2004 ACTION AGENDA OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA DECEMBER 6, 2004 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None REGULAR BUSINESS 1. DECLARE RESULTS OF NOVEMBER 2, 2004 GENERAL MUNICIPAL ELECTION Motion: It was moved by Councilmember Hagen, seconded by Mayor Kawashima, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 04-101 - A resolution of the City Council of the City of Tustin, California, declaring the results of the General Municipal Election held on November 2, 2004, and other such matters as provided by law CLOSED SESSION ITEM A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 A.1. AQencv NeQotiator: Emplovee OrQanization: Arlene Marks Gibbs, Director of Human Resources Tustin Police Officers Association (TPOA) A.2. Aaencv Neaotiator: Emplovee Oraanization: Arlene Marks Gibbs, Director of Human Resources Tustin Police Support Service Association (TPSSA) City Council Special Meeting Action Agenda December 6, 2004 Page 1 of 2 A3. AQencv NeQotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Oraanization: Tustin Police Management Association (TPMA) A.4. Aaencv Neaotiator: Arlene Marks Gibbs, Director of Human Resou rces Emplovee Oraanization: Tustin Municipal Employees Association (TMEA) A5. Aaencv NeQotiator: Arlene Marks Gibbs, Director of Human Resou rces Emplovee Oraanization: Management A6. AQencv NeQotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Oraanization: Supervisory A7. AQencv NeQotiator: Arlene Marks Gibbs, Director of Human Resources, Emplovee Oraanization: Confidential AS. AQencv NeQotiator: William Huston, City Manager Emplovee Oraanization: Executive Management ADJOURNMENT - 5:32 P.M. - Regular Meeting of the City Council scheduled for 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Special Meeting Action Agenda December 6, 2004 Page 2 of 2 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA DECEMBER 6, 2004 CALL TO ORDER - 7:02 P.M. ROLL CALL Present: Mayor Tony Kawashima; Mayor Pro Tem Lou Bone; Councilmembers Doug Davert, Tracy Worley Hagen and Jeffery M. Thomas None Pamela Stoker William A Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: 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 Council member 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 71 st 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 Councilmember Jeffery Thomas . 70th District, State Assemblyman John Campbell . 33rd District, State Senator Dick Ackerman . 4Bth District, Congressman Christopher Cox City Council Meeting Action Agenda December 6, 2004 Page 1 of 9 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 Present: Jerry Amante, Lou Bone, Doug Davert, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker Absent: City Clerk: MAYOR AND MAYOR PRO TEM SELECTION It was moved by Councilmember Davert, seconded by Councilmember Amante, to nominate Mayor Pro Tem Bone as Mayor. Motion carried 5-0. Mayor Bone thanked residents, city staff, and family for support. Recounted past three years on the council. Mayor Bone presented plaque to past Mayor Kawashima. It was moved by Mayor Bone, seconded by Council member Kawashima, to nominate Councilmember Davert as Mayor Pro Tem. Motion carried 5-0. 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 - Nothing to Report FIRST PUBLIC INPUT - None PUBLIC HEARING 1. ADOPTING THE 2000 URBAN WATER RESOLUTION NO. 04-90 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 City Council Meeting Action Agenda December 6, 2004 Page 2 of 9 " ' 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 1B and 25, 2004 Public hearing open at B:07 p.m. There were no speakers on the subject and the public hearing was closed at B:07 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to adopt resolution. Motion carried 5-0. 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 0.6B 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- 02B. (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 Public hearing open at B:09 p.m. There were no speakers on the subject and the public hearing was closed at B:09 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to approve adopt resolution. Motion carried 5-0. 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 (0.6B 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 City Council Meeting Action Agenda December 6, 2004 Page 3 of 9 CONSENT CALENDAR - It was moved by Councilmember Hagen, seconded by Councilmember Amante, to approve Consent Calendar items 3 through 16 as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 15, 2004 Motion: Approve the Regular City Council Meeting Minutes of November 15, 2004. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $408,422.97, $353,321.46 and $956, 1B1.26 and Payroll in the amount of $500,662.53 5. CONSIDERATION OF CLAIM OF JOSE LUIS OJEDA: CLAIM NO. 04-19 Motion: 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. 6. FIREARMS INVENTORY REDUCTION Motion: 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. 7. 2005 LOCAL APPOINTMENTS LIST Motion: Approve the 2005 Local Appointments List for the Planning Commission, Parks and Recreation Commission, Cultural Resources Advisory Committee and Audit Committee. B. CANCELLATION OF DECEMBER 20,2004 COUNCIL MEETING Motion: 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. 9. MILLS ACT PROGRAM HISTORIC AGREEMENT FOR 165 SOUTH A STREET PROPERTY PRESERVATION Motion: Adopt resolution. City Council Meeting Action Agenda December 6, 2004 Page 4 of 9 10. 11. 12. 13. 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 MILLS ACT PROGRAM HISTORIC AGREEMENT FOR 168 NORTH A STREET PROPERTY PRESERVATION Motion: 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 PLANNING ACTION AGENDA - NOVEMBER 22, 2004 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of November 22, 2004. 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) Motion: 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. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PHASE V REGIONAL TRAIL PROJECT (CIP 70B5) City Council Meeting Action Agenda December 6, 2004 Page 5 of 9 Motion: 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. 14. PROJECT FUNDING FOR THE MOTOR VEHICLE SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM REGISTRATION Motion: 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 13B 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. Motion: 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.B4 acres to develop 1B9 residential units, including 13B 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 City Council Meeting Action Agenda December 6, 2004 Page 6 of 9 Motion: 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. BUSINESS CALENDAR 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"). Joe Gehley of Tustin spoke regarding process; had concerns regarding height of wall. Public Works Director Serlet responded to comments. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolutions. Motion carried 5-0. 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, California, 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 City Council Meeting Action Agenda December 6, 2004 Page 7 of 9 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 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. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to introduce and have first reading by title only of ordinance. Motion carried 5-0. ORDINANCE NO. 12B9 - 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. CONSIDERA TJON OF PARKS AND RECREATION COMMISSION VACANCY Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen to appoint Henry Nunez to the Parks and Recreation Commission to fill the unexpired term of Ginny Hovland to expire on March 1, 2006. Motion called 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: . Thanked outgoing Councilmember Jeff Thomas for 12 years of service; and . Also thanked the constituents who voted for him to serve on Council. Councilmember Hagen: . Congratulated Councilmember Jerry Amante and Mayor Lou Bone; . Commented on results of library grant funds in Sacramento; and . Announced the last City Council meeting in December was cancelled. Councilmember Kawashima: . Thanked Councilmember Amante for support of precincts; . Congratulated Mayor Bone; and . Expressed gratitude to outgoing Councilmember Jeff Thomas for his years of service. Mayor Pro Tem Davert: City Council Meeting Action Agenda December 6, 2004 Page 8 of 9 . Commented on Councilmember Thomas' battle with cancer. Mayor Bone: . Thanked voters for re-electing him to Council; . Expressed appreciation to audience for participating in the evening's events; and . Acknowledged and thanked all the former Council members and Mayors in attendance at the meeting. ADJOURNMENT - 8:45 P.M. - 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 Action Agenda December 6, 2004 Page 9 of 9 ACTION AGENDA OF THE COMMUNITY REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA DECEMBER 6, 2004 CALL TO ORDER B:45 p.m. ATTENDANCE Present: Jerry Amante, Lou Bone, Doug Davert, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, Executive Director and Lois Jeffrey, City Attorney Absent: Recording Secretary: Others Present: PUBLIC INPUT None PUBLIC HEARING 1. THIRD FIVE-YEAR IMPLEMENTATION REDEVELOPMENT AGENCY PLAN OF THE COMMUNITY The Agency is in the process of formulating and adopting a new Plan for each of its project areas, outlining proposed Agency activities for the period 2005-2006 to 2009-2010. As required by Section 33490 of the California Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. ("Law"), the proposed Plan will contain Agency goals, objectives, and proposed programs, projects and expenditures over the next five years. The Agency's compliance with housing requirements will also be addressed. The document will provide an explanation of how each component will eliminate blight and implement the requirements of the Law. Legal Notice published in the Tustin News on November 11, 1B and 25, 2004. Public hearing open at 8:47 p.m. There were no speakers on the subject and the public hearing was closed at 8:47 p.m. Motion: It was moved by Agency member Hagen, seconded by Agency member Amante, to adopt resolution. Motion carried 5-0. RDA RESOLUTION NO. 04-09 - A resolution of the Redevelopment Community Redevelopment Agency Meeting Action Agenda December 6, 2004 Page 1 of 2 Agency of the City of Tustin, California, approving the Third Five Year Implementation Plan for the Town Center and South Central Redevelopment Project Areas REGULAR BUSINESS 2. APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 15, 2004 Motion: It was moved by Agency member Hagen, seconded by Chair Pro Tem Davert, to approve the Redevelopment Agency Minutes of November 15, 2004. Motion carried 5-0 3. CHAIR AND CHAIR PRO TEM SELECTION The Redevelopment Agency selects those members of the Agency who will serve as the Chair and Chair Pro Tem. Motion: It was moved by Agency member Amante, seconded by Chair Pro Tem Davert, to nominate Mayor Bone as Chair and Mayor Pro Tem Davert as Chair Pro Tem. Motion carried 5-0. 4. 2003-2004 ANNUAL REPORT Redevelopment Law requires that the Redevelopment Agency submit to the legislative body an annual report of housing activity for the preceding fiscal year. Motion: 4.a. Receive and file an annual report of housing activity for 2003-2004; and 4.b. Direct that a copy of an annual report of housing activity for 2003-2004 and all reporting documents and forms be filed with the State Controller and State Department of Housing and Community Development. It was moved by Chair Pro Tem Davert, seconded by Agency member Hagen, to approve item 4 as recommended by staff. Motion carried 5-0. ADJOURNMENT - B:49 P.M. - The next regular meeting of the Redevelopment Agency is scheduled for January 3, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. Community Redevelopment Agency Meeting Action Agenda December 6, 2004 Page 2 of 2