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HomeMy WebLinkAbout04 CC Action Agenda 9-19-05 ITEM #4 Report to the Planning Commission DATE: SEPTEMBER 26, 2005 CITY COUNCIL ACTION AGENDA SEPTEMBER 19, 2005 SUBJECT: PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDA SEPTEMBER 19, 2005 ACTION AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA SEPTEMBER 19, 2005 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry Amante and Tracy Worley Hagen Councilmember Tony Kawashima Maria R. Huizar, Chief Deputy City Clerk William A Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 A1. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Tustin Municipal Employees Association (TMEA) A2. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Management A3. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Supervisory A4. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Confidential A5. Aqencv Neqotiator: William Huston, City Manager Emplovee Orqanization: Executive Management A.6. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Tustin Police Officers Association (TPOA) City Council Meeting Action Agenda September 19. 2005 Page 1 of 10 A.7. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Tustin Police Support Service Association (TPSSA) A.8. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee 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 Leqacv Community Partners: Jack R. Godard, Lindquist, and Richard Douglass. Susan Under Neqotiation: Price and Terms of Payment. PUBLIC MEETING CALL TO ORDER - 7:05 P.M. INVOCATION - Councilmember Hagen PLEDGE OF ALLEGIANCE - Girl Scouts ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima (7:15 p.m.) None Pamela Stoker William A. Huston, City Manager and, Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: CLOSED SESSION REPORT - Nothing to report City Council Meeting Action Agenda September 19, 2005 Page 2 of 10 FIRST PUBLIC INPUT - Craig Kinoshita was introduced as new Fire Battalion Chief representing the City PRESENTATION - Carolyn Cavecche, Orange County Transportation Agency (OCT A) regarding Measure M PUBLIC HEARINGS 1. INTERIM URGENCY ORDINANCE NO. 1303 AND WRITTEN REPORT FOR INTERIM URGENCY ORDINANCE NO. 1300: SELF-STORAGE FACILITIES / 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. Presentation of staff report by Community Development Director Binsack. Public hearing opened at 7:44 p.m. Randy Scott Wong, Bruce Jordan, Don Saltarelli, John Hansell, and Mike Carroll spoke on the matter. Public hearing closed at 8:01 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to exempt 2 applicants from moratorium, (For the period of this Ordinance, no new or expanded commercial self-storage facilities/self-storage mini-warehouses shall be permitted, licensed, or otherwise approved for use and operation in the City.) Motion carried 5-0. 1.a. Issue a written report required by Government Code Section 65858 by Minute City Council Meeting Action Agenda September 19, 2005 Page 3 of 10 Motion; and 1.b. 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 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.) Presentation of staff report by Community Development Director Binsack. Public hearing opened at 8:16 p.m. There were no public speakers and the hearing closed at 8: 16 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolution. Motion carried 5-0. 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 City Council Meeting Action Agenda September 19, 2005 Page 4 of 10 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). . Presentation of staff report by Community Development Director Binsack. Public hearing opened at 8:23 p.m. There were no public speakers and the hearing closed at 8:23 p.m. Motion: It was moved by Council member Hagen, seconded by Councilmember Kawashima, to approve as recommended by staff. Motion carried 5-0. 3.a. Adopt resolution; and 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.b. 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 Sheriff's 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 Presentation of staff report by Police Chief Jordan. Public hearing opened at 8:26 p.m. There were no public speakers and the hearing closed at 8:26 p.m. . City Council Meeting Action Agenda September 19, 2005 Page 5 of 10 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to authorize usage of the funds as recommended by the Police Department. Motion carried 5-0. 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. Public hearing opened at 8:27 p.m. There were no public speakers and the hearing closed at 8:27 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolution. Motion carried 5-0. 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 - Pulled items 12 and 14 for separate discussion. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to approve Consent Calendar items 6 through 11 and 13 as recommended by staff. Motion carried 5-0. 6. APPROVAL OF MINUTES - REGULAR MEETING OF SEPTEMBER 6 , 2005 Motion: Approve the Regular City Council Meeting Minutes of September 6, 2005. 7. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: 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 Councilor member of the public. City Council Meeting Action Agenda September 19, 2005 Page 6 of 10 9. 10. 11. 12. 13. 14. Motion: Ratify the Planning Commission Action Agenda of September 12, 2005. CONFLICT OF INTEREST REVIEW - DESIGNATED POSITIONS Motion: 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 CONSIDERATION OF CLAIM OF KEVEN OWENS, CLAIM NO. 05-28 Motion: 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 Motion: 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 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante to continue consideration of item. Motion carried 5-0. ADOPT REVISED 457 GOVERNMENT PLAN DOCUMENT WITH GREAT WEST RETIREMENT SERVICES Motion: 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 September 19, 2005 Page 7 of 10 City Council Meeting Action Agenda Councilmember Amante requested additional information as part of report. Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Davert to adopt resolution. Motion carried 5-0. 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 15. 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. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to appoint Councilmember Hagen as representative to the Orange County Vector Control District. Motion carried 5-0. 16. ORDINANCE NO. 1301 SECOND READING - CODE AMENDMENT 05-002 - CULTURAL RESOURCES AMENDMENT Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to have second reading by title only and adoption of Ordinance No. 1301. Motion carried 5-0. (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 17. ORDINANCE NO. 1302 SECOND READING - BURGLARY AND ROBBERY ALARM SYSTEMS Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to have second reading by title only and adoption of Ordinance No. 1302. Motion carried 5-0. (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 City Council Meeting Action Agenda September 19, 2005 Page 8 of 10 18. 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. Presentation of staff report by Police Chief Jordan. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to introduce and have first reading by title only of the following ordinance. Motion carried 5-0. 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 19. MOBILE HOME RENT CONTROL Bill Hall, Audrey Swearengen, Gabriel Canto, John Duarte, Bill Kavone, Bruce Mathias, Vickie M. Talley, Abe Arrigotti, Rich Delaney, Julie Bann, and Paula McGee of Tustin Village Mobile Home Park addressed the council on rent issue. Councilmember Kawashima indicated that there were short and long term issues to consider. City Manager' Huston indicated that City may use redevelopment money to underwrite projects or allow certain affordability projects in senior projects; create non-profits, useful to have projects that can be serviced by public transportation, policy question on how to spend redevelopment money, new development requirements at Tustin Legacy project site. Mayor Bone requested more detail on Tustin Legacy housing programs; not in support of rent control, but will support affordable housing. Mayor Pro Tem Davert stated that park owner met with residents and made a deal, protecting Section 8, among other concessions, by having rent control will add bureaucracy to administer program, would like to discuss affordable housing and use of set-aside funds. Councilmember Amante echoed Davert's sentiments on the matter, not in support of rent control, Sierra Management has kept word on all that was promised including Section 8, Council has no constitutional right to take from one to give to another. Councilmember Hagen would like to see more senior affordable housing, especially in downtown area. City Council Meeting Action Agenda September 19, 2005 Page 9 of 10 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, direct staff to evaluate concepts for expansion of supply of affordable housing programs especially in the downtown area. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Mayor Pro T em Davert: . Reminded everyone Tustin Tiller Days coming up; and . Tustin Unified School District to hold study session on future design of schools. Mayor Bone: . September 22nd, Get Out to Vote day for early voting; . Water Advisory Committee of Orange County report, Tustin doing well; and . Southern California Association of Governments, Maglev approved first engineering contract for initial operating segment from Los Angeles to Ontario. ADJOURNMENT - 9:44 p.m. - The next regular meeting of the City Council was scheduled for October 3, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Action Agenda September 19, 2005 Page 10 of 10 ACTION AGENDA OF THE REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA SEPTEMBER 19, 2005 CALL TO ORDER 9:44 p.m. ATTENDANCE Present: Absent: Recording Secretary: Others Present: Chair Lou Bone, Chair Pro Tem Doug Davert, Agency Members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, Executive Director and Lois Jeffrey, City Attorney PUBLIC INPUT - None REGULAR BUSINESS 1. APPROVAL OF MINUTES - REGULAR MEETING OF SEPTEMBER 6,2005 Motion: It was moved by Agency Member Amante, seconded by Chair Pro Tem Davert, to approve the Redevelopment Agency Minutes of September 6, 2005. Motion carried 5-0. 2. CONFLICT OF INTEREST REVIEW - DESIGNATED POSITIONS Motion: It was moved by Agency Member Amante, seconded by Chair Pro Tem Davert, to adopt resolution. Motion carried 5-0. RDA RESOLUTION NO. 05-04 - A resolution of the Community Redevelopment Agency of the City of Tustin, California, modifying the designated positions contained in the Conflict of Interest Code of the City of Tustin ADJOURNMENT - 9:45 p.m. - The next regular meeting of the Redevelopment Agency was scheduled for October 3, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. Community Redevelopment Agency Meeting Action Agenda September 19, 2005 Page 1 of 1