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Home My WebLink About01 MINUTES OF 10-02-06 10-16-06 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA OCTOBER 2, 2006 Agenda Item Reviewed: City Manager Finance Director CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante and Lou Bone Absent: Tony Kawashima City Clerk: Maria R. Huizar, Chief Deputy City Clerk Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (c), because City is considering whether to initiate litigation in 1 case. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Tustin v. Harchol et al OCSC No. 01 CC0811 0 v. City of Tustin Harchol v. Tustin et al 03CC11 089, appeal case G035632 v. City of Tustin George & June Masaoka v. Tustin, OCSC No. 05CC08868 v. City of Tustin RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 7:00 p.m. City Council reconvened in public session. City Council Meeting Minutes October 2,2006 Page 1 of 7 REGULAR MEETING CALL TO ORDER - 7:00 P.M. INVOCATION AND COLOR PRESENTATION - Dane Counts, Tustin American Legion, Post 227 PLEDGE OF ALLEGIANCE - Billy Hall, Tustin American Legion, Post 227 ROLL CALL Present: Mayor Doug Davert; Mayor Pro Tem Tracy Worley Hagen; Councilmembers Jerry Amante, Lou Bone, and Tony Kawashima Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT Council provided instructions to City Attorney on Item B - Existing Litigation: Tustin v. Harchol et al OCSC No. 01 CC0811 0 v. City of Tustin Harchol v. Tustin et al 03CC11 089, appeal case G035632 v. City of Tustin George & June Masaoka v. Tustin, OCSC No. 05CC08868 v. City of Tustin CERTIFICATE OF RECOGNITION presented by Mayor Davert to City Manager William A. Huston on his 25th Anniversary as City Manager with the City of Tustin FIRST PUBLIC INPUT . Billy C. Hall, commented on upcoming Veteran's Day Event scheduled for Sunday November 12 and informed all that veteran's and their spouses will be allowed free from November 1 to 21 at Knott's Berry Farm. . Susan Moore, commented on affordable housing at Tustin Village Mobile Home Park. . Audrey Swearengen, addressed comments made by Councilmember Amante and higher rents at Tustin Village Mobile Home Park. . Nekoda Mattox, commented on affordable housing and suggested fund raiser to assist some owners. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 06-002 AND ZONE CHANGE 06-001: 14092 BROWNING AVENUE (NEW VILLA VALENCIA MOBILE ESTATES) City Council Meeting Minutes October 2, 2006 Page 2 of 7 The project site is a 1.12-acre site abandoned railroad easement south of the Interstate 5 freeway. A lot line adjustment to merge this site with the adjacent mobile home park was approved on March 15, 1993; however, no official zoning or general plan designation was established at that time. The City Council is requested to approve General Plan Amendment 06-002 and Zone Change 06-001 for development of the site with ten (10) mobile home pads. On September 25, 2006, the Planning Commission conducted a public hearing and recommended approval of the project. Applicant/Owner: New Villa Valencia Mobile Estates The public hearing opened at 7:18 p.m. There were no public speakers and the hearing closed at 7:19 p.m. Motion: It was moved by Council member Amante, seconded by Mayor Pro Tem Hagen, to 1.a. Adopt resolutions; and RESOLUTION NO. 06-117 - A resolution of the City Council of the City of Tustin, California, adopting the Final Mitigated Negative Declaration as adequate as required by the California Environmental Quality Act for General Plan Amendment 06-002 and Zone Change 06-001 to assign the property located at 14092 Browning Avenue with the Mobile Home Park Land Use and Zoning Designation RESOLUTION NO. 06-118 - A resolution of the City Council of the City of Tustin approving General Plan Amendment 06-002 to assign the property located at 14092 Browning Avenue with the Mobile Home Park General Plan Land Use Designation 1.b. Introduce and have first reading by title only of the following ordinance. ORDINANCE NO. 1318 - An ordinance of the City Council of the City of Tustin, California, adopting Zone Change 06-001 to assign the property located at 14092 Browning Avenue with the Mobile Home Park Zoning classification for development of ten additional mobile home pads CONSENT CALENDAR - Councilmember Kawashima abstained on Item 2. It was moved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to approve items 2 through 10. Motion carried 5-0 (Kawashima abstained on item 2). 2. APPROVAL OF MINUTES: REGULAR MEETING MINUTES OF SEPTEMBER 18, 2006 Motion: Approve the Regular Meeting Minutes of September 18, 2006. City Council Meeting Minutes October 2, 2006 Page 3 of 7 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $2,288,266.95 and $1,044,597.18;' and Payroll in the amount of $579,622.73. 4. PLANNING ACTION AGENDA - SEPTEMBER 25,2006 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 September 25,2006. 5. DECLARATION OF SURPLUS EQUIPMENT - PUBLIC WORKS DEPARTMENT It is requested that the City Council authorize the Public Works Department to sell the various equipment detailed in report at auction. The vehicles and related equipment were replaced as part of the normal rotation and replacement of equipment program. Motion: Declare the equipment detailed in the report as surplus and not required for public use, in accordance with the City Code, Section 1626 and authorize the Public Works Department to sell the equipment at public auction. 6. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE IRVINE BOULEVARD REHABILITATION BETWEEN RANCHWOOD ROAD AND JAMBOREE ROAD' (CIP NO. 7181), AND THE JAMBOREE ROAD REHABILITATION BETWEEN IRVINE BOULEVARD AND 1350 FEET NORTH OF TUSTIN RANCH ROAD (CIP NOS. 7182,7183 & 7184) Motion: Adopt resolution. RESOLUTION No. 06-110 - A resolution of the City Council of the City of Tustin, California approving Plans and Specifications for the Irvine Boulevard Rehabilitation between Ranchwood Road and Jamboree Road (CIP No. 7181), and the Jamboree Road Rehabilitation between Irvine Boulevard and 1350 feet north of Tustin Ranch Road (CIP Nos. 7182, 7183 & 7184), and authorizing advertisement for bids 7. SUMMARY VACATION OF A SIDEWALK EASEMENT ADJACENT TO 14381 FRANKLIN AVENUE (BRIGGS ELECTRIC) Construction of the Briggs Electric site at 14381 Franklin Avenue required City Council Meeting Minutes October 2,2006 Page 4 of 7 removal of an existing driveway and sidewalk, and construction of a new driveway and sidewalk. The new driveway and sidewalk have now been constructed and a new sidewalk easement has been recorded. The old driveway and sidewalk have been removed and there is no need for the adjacent sidewalk easement associated with it. Motion: Adopt resolution. RESOLUTION 06-78 - A resolution of the City Council of the City of Tustin, California, to summarily vacate a sidewalk easement over a portion of lot 37 of Tract Map No. 8590 8. LOT LINE ADJUSTMENT NOS. 2006-05, 2006-06, AND 2006-07: THE DISTRICT AT TUSTIN LEGACY (VESTAR/KIMCO TUSTIN, L.P.) The proposed three (3) lot line adjustments are requested by Vestar/Kimco Tustin, L.P. to move existing lot lines to adjust the size, shape, and merging of eight (8) separate lots for conveyance and development purposes. Motion: Adopt resolution. RESOLUTION NO. 06-75 - A resolution of the City Council of the City of Tustin, California, approving Lot Line Adjustment Nos. 2006-05, 2006-06, and 2006-07 9. FINAL PARCEL MAP 2005-224: 1372 AND 1382 VALENCIA AVENUE On January 23, 2006, the Planning Commission recommended that the City Council approve Tentative Parcel Map 2005-224 and on February 6, 2006, the City Council approved Tentative Parcel Map 2005-224 (ApplicanUOwner: M2 Properties, Inc.). Motion: Adopt resolution. RESOLUTION NO. 06-119 - A resolution of the City Council of the City of Tustin approving Final Parcel map 2005-224 to combine two (2) parcels to create a 2.98-acre parcel for condominium purposes to accommodate a 73,250 square foot office, research and development, and warehouse development at 1372 and 1382 Valencia Avenue, also known as Lots 8 and 9 of Tract 7721 10. CITY OF TUSTIN RESPONSE TO CITY OF SANTA ANA SEPTEMBER 5,2006, NOTICE OF PREPARATION (NOP) FOR THE METRO EAST MIXED USE OVERLAY ZONE DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) City Council Meeting Minutes October 2, 2006 Page 5 of 7 City Council authorization is requested for the City of Tustin's response to the Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) prepared for a General Plan Amendment and Zoning Code Amendment to allow for the development of higher density mixed-use and/or residential land uses within an overlay zone of 200 acres. The proposed Overlay Zone is located directly adjacent to the City of Tustin, west of Tustin Avenue, south of East Sixth Street, and between Interstate 5 and State Route 55 in the City of Santa Ana (Location Map - Attachment A). Motion: That the City Council authorize staff to forward the draft response letter to the City of Santa Ana. REGULAR BUSINESS 11. CITY COUNCIL - LEGISLATIVE UPDATES Nothing to report. SECOND PUBLIC INPUT - None OTHER BUSINESS I COMMITTEE REPORTS Councilmember Kawashima: . Invited everyone to attend Tustin Tiller Days this weekend. Councilmember Bone: . Southern California Association of Governments will not present emergency bill on Regional Housing Needs Assessment; . Orange County Council of Governments approved Memorandum of Understanding with Orange County League of Cities for Center of Demographic Research Funding and with the City of Mission Viejo to serve as Interim Executive Director and Recording Secretary duties free of charge and for legal support; . Santa Ana River Flood Protection Agency agreed to pay $6 million on Prado Dam expansion; . Metrolink will hold strategic workshops, tour rail line, review parking structure at Tustin station, Safety and Quiet Zone and central headquarters; . Tustin Pride status report; committee will assist resident on Quint Drive with water issue and judging for Pumpkin Pride will begin soon; and . Requested future report on the number of existing City committees, number of meetings, number of staff provided, and offer recommendations for possible restructuring. Mayor Pro Tem Hagen: . Will work booth at Tustin Tiller Days for Foothill High boys basket ball; . Tustin's own DeShaun Foster of Carolina Panthers scored winning touchdown yesterday; City Council Meeting Minutes October 2, 2006 Page 6 of 7 . Orange County Fire Authority signed 5 year contract with firefighters; . Groundbreaking with Centex/Shea at Tustin Legacy tomorrow; and . Tustin Library project ground breaking date to be provided at October 16 meeting. Mayor Davert: . Attended Boys & Girls Club 40th anniversary celebration; . Tustin Tiller Days this weekend; . Groundbreaking at Tustin Legacy tomorrow; . Requested speed enforcement on Red Hill Avenue during peak hours; . Orange County Sanitation District is also restructuring committees; and . Clarified for the record that the Second Public Input was called at last council meeting but misquoted in the Tustin News as part of an editorial letter. ADJOURNMENT - 7:32 p.m. - The next regular meeting of the City Council is scheduled for October 16, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for the Regular Meeting in the Council Chamber, 300 Centennial Way, Tustin, California Adjourn in Memory of US Navy Seal Michael Monsoor City Council Meeting Minutes October 2, 2006 Page 7 of 7