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HomeMy WebLinkAbout06 CA 07-001 ITEM #6 DATE: MARCH 13, 2007 ~ Inter-com~ TO: FROM: SUBJECT: PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT CODE AMENDMENT 07- 001 (Planning CommissionlHistoric Resource Committee Consolidation) RECOMMENDATION That the Planning Commission adopt Resolution No. 4057 recommending that the City Council adopt Code Amendment No. 07-001 amending Section 9252 Subsection C of the Tustin City Code related to assigning cultural and historic resources responsibilities to the Planning Commission. BACKGROUND AND DISCUSSION Mayor Bone requested a review and asked for recommendations to consolidate and minimize impacts on City resources related to City Boards, Commissions, and Committees and requested that staff agendize this matter for discussion. After consideration of this matter on January 15, and February 20, 2007, the Council directed staff to: return with a recommendation on realignment of commissionlcommittee responsibilities and an ordinance removing term limits for these bodies; and, initiated and referred draft Ordinance No. 1332 (Planning Commission/Historic Resource Committee Consolidation) to the Planning Commission for consideration (Attachments A and B). The City Council took several actions related to the City's Boards and Commissions; however, as related to the Planning Commission, it is the Council's desire to have the Planning Commission accept the responsibilities of the Historic Resource Committee. The following is a discussion of the roles and responsibilities of the Planning Commission and the Historic Resource Committee. Planninq Commission The Planning Commission consists of five (5) Tustin residents appointed by the City Council. The duties of the Planning Commission are prescribed in Section 65103 of the California Government Code and in Tustin City Sections 1511 et seq. and include the preparation and implementation of the City's General Plan, including the administration of specific plans and zoning and subdivision ordinances. State law does not mandate that cities have Planning Commissions per se. However, state law does require that each city have a planning agency. Therefore, if the City does not have a Planning Commission, then the City Council must act in this capacity. Planning Commission Report Code Amendment 07-001 March 13, 2007 Page 2 Historic Resource Committee/Certified Local Government Proqram On June 20, 1988, the City Council adopted Ordinance No. 1001, which established the City's Cultural Resources Overlay District, the requirements for the Cultural Resources Advisory Committee (now called the Historic Resource Committee), and other related provisions. As part of this process, the City also was recognized as a CLG for historic preservation. The CLG Program and the Historic Resource Committee are summarized below. Historic Resource Committee: The Historic Resource Committee is a group of five (5) residents who are appointed by the City Council to serve on the Committee. Pursuant to Tustin City Code Section 9252, "The committee shall act solely in an advisory capacity to the City Council in matters affecting the establishment of a Cultural Resource District, designation of Cultural Resources, and as liaison between residents and property owners and the City Council within a Cultural Resource District. The Committee shall not exercise any independent final decision-making authority or expend City funds. Actions of the Advisory Committee shall not be considered actions of the City and shall not be represented as such." During the past several years, the Committee has focused its efforts on the following activities: . Studying and recommending expansion of the Overlay District . Reviewing nominations to the Tustin Historic Register plaque program . Presenting commendation letters to owners of outstanding properties . Reviewing the 2001 Tustin Historical Survey Update . Discussing significant development projects in the Overlay District . Discussing the impacts of freeway and aircraft noise on the District Per the Tustin City Code, the Historic Resource Committee is required to meet quarterly, which is consistent with the State requirement for certified local governments. State law does not mandate that cities have a Cultural Resources District or a Historic Resource Committee (unless CLG status is obtained). The City Council does have the discretion to assign the duties of the Committee to the Planning Commission. The CLG Program is a national program designed to encourage the direct participation in the identification, registration, and preservation of historic properties. A local government becomes a CLG by developing and implementing a local historic preservation program based on Federal and State standards. The benefits being a CLG include: eligibility for federal grants from the Historic Preservation Fund administered by the California Office of Historic Preservation; direct participation in the nomination of historic properties to the National Register of Historic Places; opportunity for enhanced responsibilities to review and comment on development projects in compliance with federal environmental regulations, thereby expediting the Planning Commission Report Code Amendment 07-001 March 13, 2007 Page 3 review time; special technical assistance and training for local preservation commission members and staff from the State Office of Historic Preservation; and potential for participation in the review of building rehabilitation plans for federal investment tax credits. Five (5) responsibilities of a CLG include: enforcement of state and local legislation for the designation and protection of historic properties; establishment of an adequate and qualified historic preservation review committee by local law; maintenance of a system for the survey and inventory of historic properties; provision for adequate public participation in the local historic preservation program; and, performing the responsibilities delegated by th eState. Tustin's Certified Local Government: The City of Tustin became a CLG on July 31, 1991. As a CLG, the City of Tustin receives technical assistance from the State Office of Historic Preservation and is eligible to receive annual matching grants that can be used to fund various historic preservation projects. Previous grants funded include the Old Town educational video in 1992; a seismic rehabilitation project in 1994; workshop and conference attendance by staff and members of the Cultural Resources Advisory Committee in 1995; and, the first and second phases of the update to the City's Historical Resources Survey in 2000 and 2001. The City of Tustin did not receive CLG grant funds in 1996, 1997, and 1998 and did not apply for the grant funds in 1999 and 2002 through 2006. Although the grants have funded noteworthy projects, the grant amounts have diminished. Code Amendment 07-001 - Draft Ordinance No. 1332 The City Council initiated Ordinance No. 1332 to consolidate the responsibilities of the Historic Resource Committee with those of the Planning Commission. Some of potential benefits of consolidation include that the Council has more flexibility in filling the vacant positions (of the Planning Commission in their role as the Historic Resource Committee). The State's recommended professional qualifications for membership would no longer apply, and the Committee would not be mandated to meet a minimum of four times per year or attend an approved training workshop every year. If the Ordinance is adopted by the City Council, the Planning Commission, acting in this capacity, could develop a list of desired duties and responsibilities (a Work Program) for the City Council's review and consideration on an annual basis. Staff has prepared draft Resolution No. 4057 with associated findings for the Planning Commission's consideration. &~/_&~~k. Elizabeth A. Binsack Community Development Director Attachments: A. Draft City Council Minutes of February 20, 2007 B. Resolution No. 4057 (Draft Ordinance No. 1332) ATTACHMENT A Draft City Council Minutes of February 20, 2007 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA Agenda Item Reviewed: City Manager Finance Director FEBRUARY 20, 2007 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Council members Doug Davert, Tony Kawashima, and Jim Palmer None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Douglas C. Holland, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: a.1. Aaencv Neaotiator: Kristi Recchia, Director of Human Resources Emplovee Oraanization: Emplovee Oraanization: Part-Time Unrepresented Employees Unclassified Confidential Employees a.2. Aaencv Neaotiator: William A. Huston, City Manager Emplovee Oraanization: Emplovee Oraanization: Emplovee Oraanization: Supervisors Management Executive Management B. CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION pursuant to Government Code Section 54956.9 - ME RECESS - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 6:57 p.m. City Council reconvened in public session. City Council Meeting Minutes February 20, 2007 Page 1 of 11 1 ~ N/A PUBLIC MEETING CALL TO ORDER - 7:00 p.m. INVOCATION - Khoi Pham, S1. Cecilia's Church COLORS PRESENTATION AND PLEDGE OF ALLEGIANCE - Girls Scout Flag Patrol ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Jerry Amante, Council members Doug Davert, Tony Kawashima. and Jim Palmer None Pamela Stoker William A. Huston, City Manager and Douglas C. Holland, City Attomey Absent: City Clerk: Others Present: CLOSED SESSION REPORT - Nothing to report. PRESENTATIONS . Certificate of Recognition presented by Mayor Bone to Clara Honea in recognition of being named the 33rd Senate District's 2007 Woman of the Year . Presentation by Mother's Against Drunk Drivers (MADD) to Tustin Police Officer Michael Jensen for his numerous Driving Under the Influence (DUll arrests FIRST PUBLIC INPUT - None. CONSENT CALENDAR - It was moved by Council member Davert, seconded by Mayor Pro Tem Amante, to approve items 1 through 7. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETINGS OF FEBRUARY 5, 2007 Motion: Approve the Regular City Council Meeting Minutes of February 5, 2007. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $1,104,717.95; $1,770,914.11; and Payroll in the amount of $594,440.03 and $615,614.88. City Council Meeting Minutes February 20, 2007 Page 2 of 11 3. PLANNING ACTION AGENDA - FEBRUARY 12,2007 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Motion: Ratify the Planning Commission Action Agenda of February 12, 2007. 4. RELEASE OF FAITHFUL PERFORMANCE BONDS FOR PROJECT FAIR SHARE OF TUSTIN LEGACY BACKBONE INFRASTRUCTURE (WL HOMES, LLC) Pursuant to DDA 03-01 and DDA 03-03 the Developer, WL Homes, LLC was required to post Faithful Performance bonds for their fair share of the Tustin Legacy Backbone Infrastructure Program. Subsequently, a Community Facilities District (CFD 04-01) was formed, bonds were sold, and the City has 'received funds for the Developer's fair share of Legacy backbone improvements. WL Homes, LLC has requested release of their Faithful Performance Bonds to reflect City receipt of CFD funds. Motion: Release Faithful Performance Bonds, No. SU5009734 and No. SU5002715, in the total amount of $9,733,438.00. 5. NUMBER SKIPPED 6. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W. JEFFRIES AND ASSOCIATES, INC. Motion: 6.a. Adopt resolution; and RESOLUTION NO. 07-01 - A resolution of the City Council of the City of Tustin, California, appointing George W. Jeffries as City Treasurer for Calendar Year 2007 6.b. Authorizing the Mayor to sign the Agreement for the Services of George W. Jeffries with G. W. Jeffries and Associates, Inc. 7. MODIFICATION TO SOLID WASTE PROPOSAL EVALUATION CRITERIA AND THE REQUEST FOR PROPOSAL City Council Meeting Minutes February 20. 2007 Page 3 of 11 Staffs authority to modify the solid waste contract proposal evaluation criteria and the request for proposal has been questioned by one potential proposer. Staff is requesting the City Council to review and approve the proposed modifications to the proposal evaluation criteria and authorize the Public Works Director to approve any further non-substantive modifications and amendments to the RFP as deemed appropriate. Motion: Approve the proposed modifications to the proposal evaluation criteria and affirm the authority of the Public Works Director to approve and issue future non-substantive amendments to the Request for Proposal as necessary and appropriate. REGUlAR BUSINESS 8. FEE WAIVER REQUEST FOR THE TUSTIN AREA COUNCIL FOR FINE ARTS (TACFA) - BROADWAY IN THE PARK The Tustin Area Council for Fine Arts requested a waiver of staff costs, facility rental and permit fees for the 2007 Broadway in the Park program scheduled for August 21-26,2007. Item was continued from the February 5, 2007 City Council meeting. Barbara Foster reported that some of Council's concerns would be addressed at their upcoming Strategic Planning meeting. Motion: It was moved by Councilmember Davert, seconded by Councilmember Kawashima, to grant fee waiver. Motion failed 2-3. (Bone, Palmer, and Amante opposed). Council discussion ensued. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to grant 75% offee waiver requested and allow TACFA to retum for additional 25% with Arts in the Community plan. Motion carried 5-0. Eligia Nicolas, founder ofTACFA addressed the Council. Mayor Pro Tem Amante requested that Council schedule a Workshop at 4:30 p.m. on March 20th for policy planning and invite all non-profits in the community to participate in the discussion. 9. REQUEST FOR DONATION FOR GRAD NIGHT ACTIVITIES Tustin, Foothill, and Beckman High Schools are requesting a $2,500 donation each from the City to support Grad Nite Activities. City Council Meeting Minutes February 20, 2007 Page 4 of 11 Teri Jensen (Foothill High School), Cathy Hoxie (Beckman High School), and Heather Marand (Tustin High School) addressed the council. Motion: It was moved by Mayor Pro Amante, to donate $2,500 to each school. Council discussion ensued. Amended Motion: It was moved by Mayor Pro Amante, seconded by Councilmember Davert, to donate $3,000 per school. Motion carried 4-1 (Bone opposed). 10. CALIFORNIA PUBLIC UTILITIES COMMISSION'S PLAN TO SPLIT 714 AREA CODE Mayor Pro Tern Amante requested a presentation on the alternatives being considered by the CPUC (California Public Utilities Commission). Currently the CPUC is offering three alternatives to divide the area code. Staff report presentation by Lisa Woolery, Communications Manager Motion: It was moved by Mayor Pro Tern Amante, seconded by Council member Davert, to support overlay alternative and transmit draft letter. Motion carried 5-0. 11. TUSTIN LIBRARY PROJECT UPDATE Councilmember Kawashima requested a status report on the Tustin Library Project. No action requested at this time. 12. EVALUATION OF REQUEST OF EXPRESSIONS OF INTEREST (REI) RESPONSES FOR THE HANGAR 29 COMPLEX AT TUSTIN LEGACY Staff report presentation by Christine Shingleton, Assistant City Manager Council recessed at 8:37 p.m. and reconvened at 8:45 p.m. with all members present. The following respondents addressed the Council: . Lance Brown, representing Dome Development; . Robert Scholler, representing Douglas and Robert Scholler; . Shaheen Sadeghi, representing Lab Holdings LLC; City Council Meeling Minutes February 20, 2007 Page 5 of 11 . Jeffrey Immediato, representing Dome Development; and . Chris Bennett, Lab Holdings LLC. Other members of the public that addressed the Council: . Mike Sands, father was member of Airship Squadron 31; requested that the hangars be preserved as historical landmark. . Carlos Castillo, requested preservation of hangars and possibly used as sports facility. . Mark Cernicky, Cycle World Magazine Associate Editor, requested that the hangars be used for motorcycle riding. Council discussion ensued. It was noted that REI process was adopted by Navy; preservation or re-use of hangers should not burden tax payers or increase taxes; cost in excess of $100 million to preserve hangars; and support staff recommendation on basis of economic viability. Motion: It was moved by Mayor Pro Tem Amante, seconded by Council member Davert, to: 12.a. Concur with the findings of the Navy and the State Historic Preservation Officer (SHPO) affinning that there is no economically viable reuse submitted for the Hangar 29 Complex, rejecting all proposals submitted and tenninating further outreach and marketing by the City. 12.b. Authorize the City Manager or designee to enter into a Consultant Services Agreement for preparation of mitigation measures for Tustin Legacy hangars as required by the 1999 Memorandum of Agreement in an amount not to exceed $130,000, subject to review and approval of the final contract before execution by the City Attomey. 12.c. Upon completion of all required mitigation measures, authorize staff to proceed with negotiations with Tustin Legacy Community Partners (TLCP), LLC on potential leasing and tenns of a subsequent conveyance of the site pursuant to the Tustin Legacy Master Developer Disposition and Development Agreement (DDA). Upon entering into a ground lease with the City, TLCP would be able to utilize the hangar complex until the property is conveyed by the Navy to the City currently estimated in 5-6 years. Upon conveyance to the City, the Hangar 29 Complex would be conveyed to TLCP for development opportunities. Motion carried 5-0. 13. ORDINANCE SECOND READING - COUNCIL BADGES Motion: It was moved by Council member Davert, seconded by Mayor Pro City Council Meeting Minutes February 20, 2007 Page 6 of 11 Tern Amante, to have second reading by title only and adoption of Ordinance No. 1329 (roll call vote). ORDINANCE NO. 1329 - An ordinance of the City of Tustin, California, adding Part 4 to Chapter 2 of the Tustin City Code relating to City Council Badges Motion carried 5-0. 14. ORDINANCE SECOND READING - ESTABLISHING A COMMUNITY DEVELOPMENT COMMISSION AS THE GOVERNING BODY OF THE TUSTIN REDEVELOPMENT AGENCY Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to have second reading by title only and adoption of Ordinance No. 1330 (roll call vote). ORDINANCE NO. 1330 - An ordinance of the City of Tustin, Califomia, amending Sections 9500, 9501, 9502, 9503, and 9505 of the Tustin City Code relating to declaring the need for the establishment of a Community Development Commission to act as the governing body of the Tustin Redevelopment Agency Motion carried 5-0. 15. REALIGNMENT OF CITY COMMISSIONS AND COMMITTEES Mayor Bone requested a review and asked for recommendations to consolidate and minimize impacts on City resources related to City Boards, Commissions, and Committees and requested that staff agendize this matter for discussion. After consideration of this matter on January 15, 2007, the Council directed staff to retum with a recommendation on realignment of commission/committee responsibilities and an ordinance removing term limits for these bodies. To realign and/or consolidate responsibilities of the commissions include the following: · The Parks and Recreation Commission would have oversight of or coordination with the Senior Advisory Board, Youth & Adult Sports Facilities Association, Tustin Pride, the Tustin Community Foundation, and Special Events Committees. It is also recommended that the Parks and Recreation Commission be renamed to the Community Services Commission to reflect its broader role. · The Planning Commission would accept the responsibilities of the Historic Resources Committee. City Council Meeting Minutes February 20, 2007 Page 7 of 11 . The Tustin Community Foundation would accept the responsibilities of the Community Development In-House and Citizens' Participation Committee in regarding the Public Services Category Projects. Council member Kawashima suggested that spirit of the law on voter- approved Measure H also apply to commissioners; also requested evaluation of stipend for all commissioners at a future council meeting. Motion: It was moved by Council member Davert, seconded by Council member Palmer, to amend section 1513 as revised by City Attomey, and request standardization of commission names by changing Audit Committee to Audit Commission; also to: 15.a. Introduce and have first reading of Ordinance No. 1331 and set for second reading at the Council's next scheduled meeting; ORDINANCE NO. 1331 - An ordinance of the City ofTustin, California, amending Sections 1513,1539, and 1553 and repealing Section 1561 of the Tustin City Code relating to terms of office of city boards and commissions 15.b. Initiate and refer draft Ordinance No. 1332 (Planning Commission/Historic Resources Committee Consolidation) to the Planning Commission for consideration; and 15.c. Direct staff to prepare the appropriate amendments to the Community Development Block Grant Citizen Participation Plan. Motion carried 4-1 (Kawashima opposed). 16. FISCAL YEAR 2006-07 MID-YEAR BUDGET REVIEW The following is staff's review of the City's first six months of operations under the adopted FY 2006-07 Budget, projecting revenues and expenditures through the fiscal year end. The recommendations made to the City Council in this report will ensure that the budget will be balanced for the remainder of the fiscal year and the City Council's reserve policy will be met. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve the following adjustments to the authorized FY 2006-07 Budget: 16.a. Approve a supplemental appropriation of $30,000 from the unappropriated reserve of the Park Development Fund for Tustin Sports Park Tennis Courts, CIP Project #2054. The increase will cover the cost of construction work needed to complete the project. City Council Meeting Minutes February 20, 2007 Page80fll 16.b. Approve a supplemental appropriation of $30,000 from the unappropriated reserve of the Water Capital Improvement Fund for Edinger Avenue Water Main Replacement, CI P Project #6147. The increase will cover the cost of additional construction work needed to complete the project. 16.c. Approve a supplemental appropriation of $100,000 from the unappropriated reserve of the Water Capital Improvement Fund for Newport Avenue / SR55 Northbound Ramp Reconfiguration, CIP Project #7130. The increase will cover the cost of additional construction work needed to complete the project. 16.d. Approve a supplemental appropriation of $350,000 from the unappropriated reserve of the Capital Improvement Fund (Santa Ana Smart Street Reimbursement / revenue offset) for Edinger Avenue Widening, CIP Project #7147. The increase will cover the cost of additional construction work needed to complete the project. 16.e. Approve a supplemental appropriation of $835,727 from the unappropriated reserve of the Gas Tax Fund for CIP Projects #7181 ($317,091), #7182 ($200,000), #7183 ($200,000) and #7184 ($118,636). This appropriation will substitute the current funding from the City's Capital Improvement Fund and replace it with Prop 42 monies freeing up CIP funds for additional non-street projects. 16.f. Approve a supplemental appropriation of $130,000 from the unappropriated reserves of the General Fund for Community Development's operating budget for graffiti removal ($45,000), office furniture ($75,000), and microfilming ($10,000). 16.g. Approve a supplemental appropriation of $20,000 from the unappropriated reserves of the Water Enterprise Fund for Springbrook Software/Server update. 16.h. Approve a supplemental appropriation of $5,000,000 from the unappropriated reserves of the General Fund to transfer to the Capital Improvement Projects Fund. 16';. Approve a supplemental appropriation of $2,000,000 from the unappropriated reserves of the General Fund to transfer to the Park Development Fund. 16.j. Approve a supplemental appropriation of $500,000 from the unappropriated reserves of the General Fund to transfer to the Liability Fund. Motion carried 5-0. City Council Meeting Minutes February 20, 2007 Page 9 of 11 17. CITY COUNCIL - LEGISLATIVE REPORTS The following legislative items to be considered by City Council: . SCA 1 and ACA 2: Redevelopment and Eminent Domain Bills - The League of California Cities and California Redevelopment Association have taken positions to oppose both bills. City Attorney asked to prepare a briefing on regulatory taking and significant impacts of urban planning on south and west side of town, and appropriate use of eminent domain as it relates to development activity at Tustin Legacy. . Urban Casinos - There are several state and federal bills that have been proposed in past legislative sessions. Staff will continue to monitor this issue and provide reports as needed. SECOND PUBLIC INPUT - None OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Kawashima: . Attended Tustin Ranch Elementary school 1 0111 Annual Symphony Night, "Class Act"; . Commented on change of Public Input to the end of Agenda; and . Tragedy at Tustin Home Depot, police working on case. Council member Palmer. . Reported on meeting with head librarian and noted active use of library; . Attended Orange County Law Enforcement Explorer Academy graduation; . Congratulated Police Services Officer Marilyn Packer on being named Employee of the Month; . Congratulated new Principal at Currie Middle School, David Mintz; . Congratulated Tram Ho of Tustin, Ms. America International; . Congratulated Dinosaur Dash Logo Contest winner Allie Peairs; . Requested staff look into reducing the curb height at ramp area in front of library; and . Recent article misreported number of identify thefts in Tustin. Council member Davert: . James Palmer is an Explorer Post graduate, great volunteer; and . Prayers and condolences to family of Home Depot Manager Tom Egan. Mayor Pro Tem Amante: . Transportation Corridor Agency meeting, asked CEO to look into legislative issues City Council Meeting Minutes February 20, 2007 Page 10 of 11 and streamlining of taxpayer money; · Attended meeting in Sacramento earlier this month with Councilmember Palmer; advocated for issues important to Tustin; · Discussed Orange County Transportation Authority (OCTA) HOV Lane pilot program with Caltrans; · Addressed Irvine City Council as OCTA representative; will request same for Tustin; · Attended South Orange County Major Improvements Study meeting; · Commented on recent letter sent to Mayor Pulido and others on AQMD's new air quality management plan's indirect fees put upon developers; and · Echoed feelings of fellow councilmembers on senseless killing of Tom Egan. Mayor Bone: · Tustin Pride reorganized under Community Services Commission, asked if Council representation still needed; · Southern California Association of Government Committee report: MAGLEV Task Force approved LAX to Ontario route; · Orange County Neighborhood Alliance is reporting that AT&T cabinets are reducing property values (Mayor Pro Tern Amante requested policy on cabinet control); · National Arbor Day Foundation named Tustin the "2006 Tree City USA"; . Congressman John Campbell spoke in Tustin, over 100 people attended; · Attended Grand Opening of Irvine Desalter; and · Adjourned in memory otTom Egan. ADJOURNED - 10:25 P.M. - The next regular meeting of the City Council is scheduled for Tuesday, March 6, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California Adjourn in Memory of Slain Tustin Home Depot Manager Tom Egan City Council Meeting Minutes February 20, 2007 Page 11 of 11 ATTACHMENT B Resolution No. 4057 (Draft Ordinance No. 1332) RESOLUTION NO. 4057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 07-001 AMENDING SECTION 9252 SUBSECTION C OF THE TUSTIN CITY CODE RELATED TO ASSIGNING CULTURAL AND HISTORIC RESOURCES RESPONSIBILlTES TO THE PLANNING COMMISSION. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: A. That on January 15 and February 20,2007, the City Council after consideration of matters related to consolidation and realignment of commission/committee responsibilities and ways to minimize impacts on City resources related to City Boards, Commissions, and Committees, the Council initiated and referred draft Ordinance No. 1332 to the Planning Commission for consideration; B. That State law does not mandate that cities have a Cultural Resources District or a Historic Resource Committee and that the City Council does have the discretion to assign the duties of the Committee to the Planning Commission; C. That the Council has more flexibility in filling the vacant positions (of the Planning Commission in their role as the Historic Resource Committee) because the State's recommended professional qualifications no longer apply; D. That the Planning Commission acting in this capacity could develop a list of desired duties and responsibilities regarding cultural and historic resources for the City Council's review and consideration on an annual basis; E. That there is less of an impact on the City's general fund in that the Committee would not be mandated to meet a minimum of four times per year or attend an approved training workshop each year; F. That on March 13,2007, a public hearing was duly noticed, called, and held on Code Amendment 07-001 by the Planning Commission, and the Planning Commission recommended that the City Council approve Code .Amendment 07-001; and. G. That this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections Resolution No. 4057 Page 2 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. II. The Planning Commission hereby recommends that the City Council approve the ordinance adopting Code Amendment 07-001, attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 13th day of March, 2007. BRETT FLOYD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4057 was duly passed and adopted at the regular meeting of the Tustin Planning Commission, held on the 13th day of March, 2007. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A to Planning Commission Resolution No. 4057 ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 9252 OF THE TUSTIN CITY CODE RELATED TO ASSIGNING CULTURAL AND HISTORIC RESOURCES RESPONSIBILITIES TO THE PLANNING COMMISSION. The City Council of the City of Tustin, California, ordains: Section 1. Subsection c of Section 9252 of the Tustin City Code is amended to read: c. Planning Commission The Planning Commission shall advise the City Council on all matters relating to historic and cultural resources, including without limitation, matters affecting the establishment of a Cultural Resource District, designation of Cultural Resources, and as a liaison between residents, property owners, and the City Council within a Cultural Resources District. In performing its historic and cultural resources duties, the Planning Commission shall not exercise any independent final decision-making authority or expend city funds. Actions of the Commission shall not be considered actions of the City and shall not be represented as such. Section 2. Any reference within the Code to the Historic Resource Committee or Cultural Resource Advisory Committee is hereby changed to Planning Commission. The City Clerk is authorized to make this name change within the Code as deemed appropriate. Section 3. The provisions of this Ordinance shall become effective at 12:01 a.m. on the thirty-first day after passage. PASSED, APPROVED, AND ADOPTED this _ day of 2007. LOU BONE, MAYOR ATTEST: PAMELA STOKER CITY CLERK 527502,] 1 APPROVED AS TO FORM: DOUGLAS HOLLAND CITY ATTORNEY ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a regular meeting of the City Council held on the _ day of ,2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: 527502.J 2