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Home My WebLink About00 AGENDA 09-19-05 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 19, 2005 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Doug Davert, Mayor Pro Tem Jerry Amante, Council member Tracy Worley Hagen, Councilmember Tony Kawashima, Councilmember Lou Bone, Mayor William A. Huston, City Manager Lois Jeffrey, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION 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 19, 2005 meeting of the City Council. (Agenda Items A and B). CALL TO ORDER ATTENDANCE PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEM A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 A.1. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Tustin Municipal Employees Association (TMEA) A.2. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Management A.3. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Supervisory AA. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Confidential City Council Meeting September 19, 2005 Agenda Page 1 019 A.5. Aqency Neqotiator: William Huston, City Manager Emplovee Orqanization: Executive Management A.6. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Police Officers Association (TPOA) A.7. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Police Support Service Association (TPSSA) A.8. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Police Management Association (TPMA) B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4,5,6,7,8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Neqotiators: Christine Shingleton, Assistant City Manager and Clayton Gantz, Special Legal Counsel. Neqotiators for Tustin Leqacy Community Partners: Jack R. Godard, Lindquist, and Richard Douglass. Susan Under Neqotiation: Price and Terms of Payment. PUBLIC MEETING 7:00 P.M. '".... .....,4. CALL TO ORDER INVOCATION - Council member Hagen PLEDGE OF ALLEGIANCE - Girls Scouts City Council Meeting Agenda September 19, 2005 Page 2 of 9 ROLL CALL - City Clerk Stoker CLOSED SESSION REPORT FIRST PUBLIC INPUT PRESENTATION - Carolyn Cavecche, Orange County Transportation Agency (OCTA) regarding Measure M PUBLIC HEARING 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 Items 1 through 5) 1. INTERIM URGENCY ORDINANCE NO. 1303 AND WRITTEN REPORT FOR INTERIM URGENCY ORDINANCE NO. 1300: SELF-STORAGE FACILITIES I SELF-STORAGE MINI WAREHOUSES On August 15, 2005, the City Council adopted Interim Urgency Ordinance No. 1300, a 45-day moratorium on the establishment and operation of new or expanded commercial self-storage facilities, including self-storage mini warehouses ("Self- Storage Uses") within the City of Tustin. Pursuant to Government Code Section 65858, ten (10) days prior to the expiration of the interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Interim Urgency Ordinance No. 1303 is an urgency measure proposed by the City of Tustin to extend Ordinance No. 1300 for a period of ten (10) months and fifteen (15) days. The Ordinance would prohibit the issuance of permits that would allow the establishment and operation of Self Storage Uses during the period of the urgency ordinance. During this time, staff would complete a study of potential code amendments to the City's land use regulations that are needed to address the current and immediate threat to the public health, safety, and welfare. Recommendations: 1.a. Issue a written report required by Government Code Section 65858 by Minute Motion; 1.b. Open and close a Public Hearing; and 1.c. Adopt Interim Urgency Ordinance No. 1303. (Requires a 4/5 vote) ORDINANCE NO. 1303 - An Interim Urgency Ordinance of the City of Tustin, California, extending Ordinance No. 1300, a Temporary Moratorium on the Establishment and Operation of New or Expanded Commercial Self-Storage City Council Meeting Agenda September 19, 2005 Page 3 of 9 Facilities/Self-Storage Mini Warehouses within the City of Tustin for a period of ten (10) months and fifteen (15) days pending the completion of a study of amendments to the City's Land Use Regulations that are needed to address a threat to the public health, safety, and welfare 2. TENTATIVE PARCEL MAP 2005-175: 12741 AND 12790 NEWPORT AVENUE Tentative Parcel Map 2005-175 is a request to combine two (2) existing parcels into one (1) parcel for the purpose of developing a new 20,000 square foot medical office building at 12741 and 12791 Newport Avenue. On May 31, 2005, the Community Development Director approved Design Review 05-007 authorizing the demolition of an existing office building and a single family home and the construction of a new medical office building subject to approval of a parcel map (TPM 2005-175). On September 12, 2005, the Planning Commission recommended that the City Council approve Tentative Parcel Map 2005-175. (Owner: Newport Medical Partners, LLC.) Recommendations: 2.a. Open and close a Public Hearing; and 2.b. Adopt resolution. RESOLUTION NO. 05-100 - A resolution of the City Council of the City of Tustin approving Tentative Parcel Map 2005-175 to combine two (2) parcels to create one (1) parcel 1.47 acres in area located at 12741 and 12791 Newport Avenue (Assessor Parcel Numbers 401-211-53, 401-211-57, and 401-211-71) 3. GENERAL PLAN AMENDMENT 02-001 PROPOSED LIBRARY SITE AND ZONE CHANGE 02-001: General Plan Amendment (GPA) 02-001 and Zone Change (ZC) 02-001 propose to change the general plan land use and zoning designations of certain properties on the proposed Tustin Library site. On September 12, 2005, the Planning Commission adopted Resolution Nos. 3997 and 3998 recommending that the City Council approve GPA 02-001 and ZC 02-001 to change the land use and zoning designations of the affected properties to Public and Institutional (P&I) General Plan land use and zoning designations; and Resolution No. 3999 approving Conditional Use Permit (CUP) 02-003 to allow for a library use in the P&I district and to establish development standards for the proposed use (Owner: City of Tustin). Recommendations: 3.a. Open and close a Public Hearing; 3.b. Adopt resolution; and City Council Meeting Agenda September 19, 2005 Page40f9 RESOLUTION NO. 05-101 - A resolution of the City Council of the City of Tustin approving General Plan Amendment 02-001 amending the General Plan Land Use designations from a mixture of land use designations to Public/Institutional to accommodate the construction of a new library at 345 E. Main Street 3.c. Introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1304 - An ordinance of the City Council of the City of Tustin, California, amending the Zoning Map of the City of Tustin from a mixture of zoning districts to Public and Institutional (P&I) Zoning District to accommodate the construction of a new library at 345 E. Main Street 4. SUPPLEMENTAL LAW ENFORCEMENT SERVICE GRANT FUNDS (SLESF) In 1996, California Assembly Bill 3229 established the Citizen's Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) grant program. Proceeds from the grant program must be used for front line law enforcement services that may include the purchase of new equipment, hiring of additional personnel and increasing the opportunity for training of safety personnel. This year, we have been notified that the Police Department is to receive no less than $107,000 and no more than $110,000 in SLESF funding. This year the allocation is being coordinated through the Orange County Sheriffs Department and all agencies have been directed to move forward with expenditure authorization while waiting for the final grant amounts to be determined. Legal Notice published in the Tustin News on October 28, 2004 Recommendations: 4.a. Open and close a Public Hearing; and 4.b. Authorize usage of the funds as recommended by the Police Department 5. ESTABLISHING A COMPREHENSIVE SCHEDULE OF FEES In an effort to simplify the City's inventory of fees and charges, staff has consolidated previously adopted resolutions into one Comprehensive Schedule of Fees. In reviewing the schedule, the Police Department and Public Works have identified some fees that have not been updated recently and propose an increase. Recommendations: 5.a. Open and close a Public Hearing; and City Council Meeting Agenda September 19, 2005 Page 5 of 9 5.b. Adopt resolution. RESOLUTION NO. 05-99 - A resolution of the City Council of the City of Tustin increasing or otherwise modifying certain Police Department and Public Works Department fees and charges, and establishing a Comprehensive Schedule of Fees and repealing Resolution Nos. 87-138, 92-103, 92-110, 93-03, 95-43, 99-53, 01-111, 02-57, 04-26, 05-55, and 05- 73 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 6 through 14). 6. APPROVAL OF MINUTES - REGULAR MEETING OF SEPTEMBER 6,2005 Recommendation: Approve the Regular City Council Meeting Minutes of September 6, 2005. 7. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $552,479.59 and $1,697,842.36; reversals in the amount of $875.00; and Payroll in the amount of $503,657.62. 8. PLANNING ACTION AGENDA - SEPTEMBER 12, 2005 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of September 12,2005. 9. CONFLICT OF INTEREST REVIEW - DESIGNATED POSITIONS Recommendation: Adopt resolution. RESOLUTION NO. 05-98 - A resolution of the City Council of the City of Tustin, California, modifying the designated positions contained in the Conflict of Interest Code of the City of Tustin City Council Meeting Agenda September 19, 2005 Page 6 of 9 10. 11. 12. 13. 14. CONSIDERATION OF CLAIM OF KEVEN OWENS, CLAIM NO. 05-28 Recommendation: That the City Council deny Claim No. 05-28, Keven Owens, and direct staff to send notice thereof to the claimant. CONSIDERATION OF CLAIM OF BOB GOMEZ, CLAIM NO. 05-35 Recommendation: That the City Council deny Claim No. 05-35, Bob Gomez, and direct staff to send notice thereof to the claimant. AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTIATE WITH TUSTIN COMMUNITY PARTNERS, LLC FOR THE TUSTIN LEGACY MASTER DEVELOPER SITE Recommendation: Authorize the City Manager to execute the third amendment to the Exclusive Negotiation Agreement between the City of Tustin and Tustin Legacy Community Partners (TLCP), LLC. ADOPT REVISED 457 GOVERNMENT PLAN DOCUMENT WITH GREAT WEST RETIREMENT SERVICES Recommendation: Adopt resolution. RESOLUTION NO. 05-102 - A resolution of the City Council of the City of Tustin, California, to adopt revised 457 Governmental Plan documents with Great West Retirement Services REVIEW OF THE CITY OF TUSTIN EMERGENCY PLAN AND ADOPTION OF RESOLUTION 05-97 DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL EMERGENCY INCIDENT MANAGEMENT IN THE CITY OF TUSTIN Recommendation: Adopt resolution. RESOLUTION NO. 05-97 - A resolution of the City Council of the City of Tustin, designating the National Incident Management System (NIMS) as the basis for all incident management in the City of Tustin REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 15 through 19). September 19, 2005 Page 7 of 9 City Council Meeting Agenda 15. 16. 17. 18. VECTOR CONTROL APPOINTMENT Vector Control representative Doug Davert has requested that another member of the Council be appointed to serve the remainder of his term. Recommendation: Appoint a representative to the Vector Control District. ORDINANCE NO. 1301 SECOND READING - CODE AMENDMENT 05-002 - CULTURAL RESOURCES AMENDMENT Recommendation: Have second reading by title only and adoption of Ordinance No. 1301 (roll call vote). ORDINANCE NO. 1301 - An ordinance of the City Council of the City of Tustin, California, amending Tustin City Code Sections 1561, 9252(c), 9252(g)(3); 9252(h)(2)(a), and 9297, relating to the Cultural Resources Advisory Committee ORDINANCE NO. 1302 SECOND READING - BURGLARY AND ROBBERY ALARM SYSTEMS Recommendation: Have second reading by title only and adoption of Ordinance No. 1302 (roll call vote). ORDINANCE NO. 1302 - An ordinance of the City Council of the City of Tustin, California, Repealing Ordinance Nos. 633, 663, 825, 830, 875, and 1029; and adding Chapter 9 to Article 6 of the Tustin City Code regarding regulation of Burglary and Robbery Alarm Systems CHARITABLE AND COMMERCIAL SOLICITATION ORDINANCE The City of Tustin proposes to adopt an ordinance specifically regulating charitable and commercial door-to-door solicitation within residential districts. The purpose of the proposed ordinance is to protect and promote the public health, safety, and welfare by imposing content-neutral reasonable time, place and manner restrictions on door-to-door charitable and commercial solicitation in residential areas of the City. Recommendation: Introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1305 - An ordinance of the City Council of the City of Tustin, California, adding Chapter 10 to Article 5 of the Tustin City Code regarding regulation of Charitable and Commercial Solicitations City Council Meeting Agenda September 19, 2005 Page 8 of 9 19. MOBILE HOME RENT CONTROL 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 October 3, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Agenda September 19, 2005 Page 9 of 9