HomeMy WebLinkAboutCC MINUTES 2009 02 03MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
FEBRUARY 3, 2009
CLOSED SESSION MEETING
CALLED TO ORDER MEETING #2204 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello, and John Nielsen
Absent: Councilmember Palmer
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None.
CLOSED SESSION ITEMS -The Brawn Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will
prejudice the position of the City in the following existing and anticipated litigation items:
A. Exposure to Litigation [Government Code Section 54856.9(b)] -Two Cases
B. Initiation of Litigation [Government Code Section 54856.9(c)] -Two Cases
C. Existing Litigation - [Subdivision (a) of Section 54956.9] -Case Name: SEMA
Construction, Inc. v. City of Tustin; City of Tustin v. IRWD, Case No.: OCSC
00101147
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session with same
members present.
City Council Meeting February 3, 2009
Minutes Page 1 of 12
REGULAR MEETING
CALLED TO ORDER MEETING #2204 AT 7:00 P.M.
INVOCATION -Father John Block, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello, and John Nielsen
Absent: Councilmember Palmer
City Clerk: Maria R. Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland reported that Council voted to
waive a potential Conflict of Interest issue that his office disclosed and that the City may
have regarding SEMA Construction, Inc. v. City of Tustin; City of Tustin v. IRWD, Case
No.: OCSC 00101147. There were no other reportable actions.
PUBLIC HEARING ITEMS
1. PUBLIC HEARING: CODE AMENDMENT 08-004 (ORDINANCE NO. 1360)
SHOPPING CART ORDINANCE
Upon direction of the City Council, in March 2008, City staff provided the
Council with a staff report that discussed the issues associated with the
abatement of shopping cart nuisances. Staff also provided the City Council
with a copy of the City of Westminster's ordinance on shopping carts. At that
time, the City Council directed staff to implement a program similar to the
City of Westminster's and perform outreach to the City's retailers and the
Chamber of Commerce to receive input. (Attachment A)
Based on the direction of the City Council, staff has prepared Code
Amendment 08-004 (CA 08-004) for Ordinance No. 1360 to establish new
shopping cart regulations. These regulations would require all retail
businesses in the City that utilize ten or more shopping carts to implement
and maintain a mandatory cart containment and retrieval plan to prevent the
removal of shopping carts from their premises and ensure that retailers
maintain their carts on-site.
On January 13, 2009, the Planning Commission held a public hearing at
City Council Meeting February 3, 2009
Minutes Page 2 of 12
which they considered the proposed shopping cart abatement ordinance.
The Commission conducted a public hearing; received input from the public;
reviewed a letter of support from the Chamber of Commerce; discussed the
implications of the proposed ordinance and adopted Resolution No. 4106
recommending that the Tustin City Council approve Ordinance No. 1360.
Staff report presentation by Community Development Director Elizabeth
Binsack
Background
• Upon City Council direction, in March 2008, Council received a staff
report on the City of Westminster's Ordinance
• Outreach held in October of 2008
• Chamber of Commerce contacted November of 2008
• Planning Commission recommended approval January of 2009
Current Code Requirements
• Community Problem
• Multi-faceted approach
o Education
o Retrieval
o Community Involvement
o Legislative Change
o Enforcement
Today we are faced with the
carts found citywide
same problem: Abandoned shopping
Limitations with the Current Code
• Restrictions on removing carts on public and/or private property
• Limited storage of impounded carts
• Disposal of unclaimed carts
• Staff time
• Physical constraints
• Cost recovery
Other Cities
• City of Westminster
o Provide written plan prior to obtaining a business license
o Violations could result in revocation of the retail business' right
to use shopping carts for a minimum of 180 days
• Plan must include:
o Physical Barriers
o Signs Affixed to Carts
o Notice to Customers
o Daily Cart Confinement
o Employee Training
Purpose of Ordinance
City Council Meeting February 3, 2009
Minutes Page 3 of 12
Objective:
• Prevent the unauthorized removal of carts from their premises
• Provide for the prompt retrieval of lost, stolen or abandoned shopping
carts which have been removed from the premises of the retail
establishment
Measures Required:
• Cart Containment Plan
• Cart Retrieval Plan
Measures to Prevent Removal of Carts
• Cart Containment Plan
o Signs Affixed to Carts
o Notice to Customers
o Daily Cart Confinement
o Employee Training
o Installation of physical measures:
^ Disabling devices
^ Physical barriers
• Cart Retrieval Plan
o Retrieval Personnel
o Prompt Retrieval of Carts
Plan Submission and Approval
• New or Relocated Retail Establishments
o Business license
• Existing Retail Establishments
o Submit plans within 120 days
• Result of Violations
o Revocation
o Penalties
Outreach
October 8, 2008: Outreach Workshop
• Discussion on:
o Current regulations
o Potential regulations
• Obtain feedback from retailers
Chamber of Commerce
o Reviewed draft Ordinance
o Recommended adoption as proposed
Tustin Pride support
Other Cities' Experience
• Adopted similar ordinances:
o Anaheim, Santa Ana, Buena Park, Costa Mesa, Pasadena,
Long Beach, and Fountain Valley
• Reported success with updated ordinance
• Now other cities are considering similar code updates
City Council Meeting February 3, 2009
Minutes Page 4 of 12
Plan Implementation
• A shopping cart is stolen, damaged, or destroyed every 90 seconds in
the United States, costing retailers approximately $180 million
annually
Recommendation
• Adopt Ordinance No. 1360 amending Article 5 Chapter 9 of the Tustin
City Code establishing updated regulations for the abatement of
shopping cart nuisance
• Shopping cart containment systems prevent carts from leaving store
premises, saving retailers thousands in associated costs
Public Hearing opened at 7:13 p.m. Dean Karels, and Kim Leason of Tustin
Pride spoke in favor of the proposed ordinance. The Hearing closed at 7:17
p.m.
Council discussion ensued. Councilmember Gavello requested that Cart
Containment Plan developed by each retailer include documentation on
training requirements for their employees; proposed ordinance include
stipulation that Plan be approved by City staff. Mayor Pro Tem Amante
opined that matter is private sector concern not to be regulated by
government.
Motion: It was moved by Councilmember Gavello, seconded by
Councilmember Nielsen, to introduce and have first reading, by title only, of
Ordinance No. 1360, and set for second reading at the Council's next
scheduled meeting.
ORDINANCE NO. 1360 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, AMENDING ARTICLE 5 CHAPTER 9 OF
THE TUSTIN CITY CODE ESTABLISHING UPDATED
REGULATIONS FOR THE ABATEMENT OF SHOPPING CART
NUISANCE
Motion carried 3-1 (Amante dissented and Palmer absent).
RECESSED CITY COUNCIL MEETING AT 7:30 P.M. AND CALLED TO ORDER A
JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY
RDA 2. REDEVELOPMENT AGENCY ITEM:
DISPOSITION AND DEVELOPMENT
PROSPECT VILLAGE L.P.
Agency approval is requested for a Third A
City Council Meeting
Minutes
THIRD AMENDMENT TO
AGREEMENT 04-01 WITH
,mendment to the Prospect Village
February 3, 2009
Page 5 of 12
Disposition and Development Agreement (DDA) 04-01. In summary, the
amendments would allow: commercial service uses and certain office uses,
as well as retail uses, in all six (6) of the live/work units facing Prospect
Avenue; various food related uses with a minimum of (50) percent of the
ground floor instead of a requirement that a minimum 3,000 square feet of
the ground floor of the Main Street Commercial Building consist of a
restaurant use; and, allow optometrists and opticians.
Council CITY COUNCIL ITEM: ZONE CHANGE 08-003, AMENDMENTS TO THE
2. PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS
Zone Change 08-003 consists of minor amendments to the Prospect Village
Planned Community District Regulations to: 1) allow commercial service
uses and certain office uses, as well as retail uses, in all six (6) of the
live/work units facing Prospect Avenue; 2) allow various food related uses to
satisfy a requirement that a minimum of fifty (50) percent of the ground floor
of the Main Street Commercial Building consist of food related uses; and 3)
allow optometrists and opticians. With the exception of optometrists and
opticians, these uses are currently allowed in designated areas within
Prospect Village. Other minor amendments are also proposed.
On January 13, 2009, the Planning Commission adopted Resolution No.
4110, recommending that the City Council approve Zone Change 08-003.
Legal notice for said joint Public Hearing item was published in the Tustin
News on January 22, 2008.
Applicant: City of Tustin/Community Redevelopment Agency
Staff report presentation by Assistant City Manager Christine Shingleton and
Community Development Director Elizabeth Binsack
Public Hearing opened at 7:35 p.m. There were no public speakers and the
Hearing closed at 7:36 p.m.
Developer John Tillotson commented on efforts to bring viable businesses.
Motion: It was moved by Mayor Pro tem Amante, seconded by
Councilmember Gavello, to:
Community Redevelopment Agency Actions:
RDA 2.a. Adopt resolution; and
RESOLUTION NO. 09-01 - A RESOLUTION OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY FINDING THAT
THE THIRD AMENDMENT TO THE DISPOSITION AND
City Council Meeting February 3, 2009
Minutes Page 6 of 12
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND
PROSPECT VILLAGE L.P. IS WITHIN THE SCOPE OF THE
PREVIOUSLY APPROVED PROSPECT VILLAGE FINAL
ENVIRONMENTAL IMPACT REPORT ("FEIR")
2.b. Approve and authorize the Executive Director, or his designee,
to execute the Third Amendment to DDA 04-01 between the
Tustin Community Redevelopment Agency and Prospect
Village L.P., subject to City Council approval of Zone Change
08-003 (Amendments to the Prospect Village Planned
Community District Regulations) and any non-substantive
modifications to the Third Amendment as may be determined
necessary by the City Attorney.
City Council Actions:
2.a. Adopt resolution; and
RESOLUTION NO. 09-07 - A RESOLUTION OF THE CITY OF
TUSTIN CITY COUNCIL FINDING THAT ZONE CHANGE 08-003
AND THE THIRD AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY AND PROSPECT
VILLAGE LP ARE WITHIN THE SCOPE OF THE PREVIOUSLY
APPROVED PROSPECT VILLAGE FINAL ENVIRONMENTAL
IMPACT REPORT ("FEIR")
2.b. Introduce and have first reading, by title only, of Ordinance No. 1361,
and set for second reading at the Council's next scheduled meeting.
ORDINANCE NO. 1361 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE
PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT
REGULATIONS (ZONE CHANGE 08-003) TO AMEND VARIOUS
SECTIONS OF THE REGULATIONS RELATED TO COMMERCIAL
SERVICE AND CERTAIN OFFICE USES, FOOD RELATED USES,
OPTOMETRISTS AND OPTICIANS, AND TO MAKE OTHER MINOR
AMENDMENTS
Motion carried 4-0 (Palmer absent).
ADJOURNED JOINT MEETING AT 7:37 P.M. AND RECONVENED TO CITY COUNCIL
MEETING WITH SAME MEMBERS PRESENT.
City Council Meeting February 3, 2009
Minutes Page 7 of 12
ORAL COMMUNICATION /PUBLIC INPUT -Jolene Napoletano requested assistance
in dealing with neighbor who smokes in her patio and causing nuisance and health
hazard; proposed that Council adopt law to protect non-smokers from inhaling
neighbors smoke in condominiums, apartments, or elsewhere; and welcomed
opportunity to discuss solution with officials.
CONSENT CALENDAR ITEMS -Mayor Pro Tem Amante abstained on Item #9. It was
moved by Councilmember Nielsen, seconded by Councilmember Gavello, to approve
balance of Consent Calendar items as recommended by staff. Motion carried 4-0 (Palmer
absent).
3. APPROVAL OF MINUTES -REGULAR MEETING OF JANUARY 20, 2009
Motion: Approve the Minutes of Regular City Council Meeting held on
January 20, 2009.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $807,847.16 and
$2,028,190.83; and Payroll in the amount of $735,494.19.
5. PLANNING ACTION AGENDA -JANUARY 27, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS
This report transmits two John Wayne Airport Noise Abatement Quarterly
Reports for the first and second quarters of 2008. The average noise level
measured at monitoring station NMS 10N, located at Columbus Tustin Middle
School on Beneta Way, remained relatively constant during the first and
second quarters. Average noise levels during both quarters remained below
the City, County, and State criteria of 65 dB Community Noise Equivalent
Level (CNEL) for residential uses.
Motion: Receive and file this report.
7. AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PROCESSING OF
ADMINISTRATIVE CITATIONS AND HEARING OFFICER SERVICES
City Council Meeting February 3, 2009
Minutes Page 8 of 12
Effective and efficient processing and management of administrative citations
is essential to the success of the Administrative Citation Program. The City is
seeking to develop a simplified administrative fee recovery and appeal
process that will ensure due process and impartial hearings to those cited
without the need for legal counsel.
Motion: Authorize and direct the Community Development Director to
advertise a request for professional services to provide: a) Processing
services of administrative citations; and b) Act as Hearing Officer for
administrative citation appeals.
8. DESTRUCTION OF RECORDS -POLICE DEPARTMENT
Government Code Section 34090 and Resolution No. 01-91 permits
destruction of records which meet certain criteria with the approval of the City
Council by resolution and the written consent of the City Attorney.
Motion: Adopt resolution.
RESOLUTION NO. 09-06 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN
THE POSSESSION OF THE TUSTIN POLICE DEPARTMENT THAT
ARE NO LONGER REQUIRED FOR TUSTIN POLICE DEPARTMENT
BUSINESS, PURSUANT TO GOVERNMENT CODE 34090 AND THE
AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS
RETENTION SCHEDULE
9. AWARD OF BID FOR THE CAMINO REAL PARK PLAYGROUND
INSTALLATION (PROJECT NO. 2059)
Motion: Award the contract to Kleen Play Playground Construction of Chino,
California in the amount of $56,651.00 subject to the approval of contract
requirements by the City Attorney and final execution.
* Mayor Pro Tem Amante abstained on item #9.
10. CONSIDERATION OF CLAIM OF STEVE HAVLICEK, CLAIM NO. 08-45
The Claimant reported damage to his vehicle while it was parked at the City
Yard as a result of being bumped by a blower or hedge trimmer, operated by
SpectrumCare Landscape & Irrigation Management, Inc.
Motion: Deny Claim Number 08-45, Steve Havlicek, and direct Staff to send
notice thereof to the Claimant.
City Council Meeting February 3, 2009
Minutes Page 9 of 12
REGULAR BUSINESS ITEMS
11. APPROVAL OF REVISED COOPERATIVE AGREEMENT NO. C-7-1195
BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND
THE CITY OF TUSTIN FOR EXPANSION OF PARKING CAPACITY AT THE
TUSTIN METROLINK STATION
On September 2, 2008, the City Council approved Cooperative Agreement
No. C-7-1195 with the Orange County Transportation Authority (OCTA) to
enable OCTA to proceed with the design and construction of an 825 space
parking structure at the Tustin Station to serve the Metrolink Expansion
Program. It was specified in the agreement that the responsibility for
Operation and Maintenance (O&M) of the completed structure would be
addressed through a separate agreement prior to starting the construction
phase of the project. The revised agreement provides the OCTA with the
assurance that the City of Tustin will own, operate and maintain the finished
structure at no cost to the OCTA.
Council discussion followed. City able to develop plan to offset operation and
maintenance cost; parking structure will be asset at no direct cost to the City;
design and construction funded by OCTA.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Mayor Davert
to approve the revised Cooperative Agreement No. C-7-1195 with the Orange
County Transportation Authority for Design and Construction of Expansion of
Parking Capacity at the Tustin Metrolink Station, and authorize the Mayor
and City Clerk to execute the document on behalf of the City, subject to
approval as to form by the City Attorney. Motion carried 4-0 (Palmer absent).
12. DISCUSS PARKING REGULATIONS
This item was placed on the agenda at the request of Councilmember
Deborah Gavello who wished to discuss the recently adopted parking
regulations.
The following spoke in against permit parking program and/or no parking on
main arterials: Emily Osterberg, Linda Carroll, Cynthia Adams, Dean Karels,
Ron Reeves, Laura Karels, Korey Oskins, Chester Maharat, Carol Mendoza,
Anna McCaffrey, Shirley Kunkel, Santiago Vivas, and Paula Campbell.
Council discussion ensued. Mobility and safety top concerns; speed
enforcement critical; traffic studies showed a better flow scale and increased
line of sight with the changes; many parking lots underutilized; Police closely
monitoring enforcement issues. Permitting issues -- staff to look at problems
City Council Meeting February 3, 2009
Minutes Page 10 of 12
for possible revisions.
Motion: Motion by Councilmember Gavello, to provide re-evaluation report to
Council on successes and problems of parking program in six-months.
Councilmember Nielsen requested that hot items particularly parking in
neighborhood streets from arterials return to Council in 90 days.
Amended Motion: Motion by Councilmember Gavello, seconded by Mayor
Pro Tem Amante to provide comprehensive report to Council in six-months
on successes and problems with new parking regulations, and if hot items
arise particularly parking problems in neighborhood streets close to main
arterials return to Council in 90 days. Motion carried 4-0 (Palmer absent).
13. LEGISLATIVE REPORTS -MISCELLANEOUS
None
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
• Would like staff to consider "Shop in Tustin" program; Councilmember Nielsen
suggested that the Chamber of Commerce make presentation on "Totally Tustin" which
is similar program;
• Attended League meeting in Sacramento; concerned with State budget deficit; and
• b"Jill attend tour of Colorado River on Friday with WACO and provide full report at
upcoming meeting.
Councilmember Nielsen:
• Attended League meeting in Sacramento for New Council Academy -workshops
attended included: basic boot camp for elected officials (do's and don'ts), legal powers
and limitations, Brown Act, council/manager role, financial responsibilities, advocacy
and other key issues; had opportunity to meet other elected officials and discuss issues
important to many cities throughout the State;
• Will attend SCAG meeting on Thursday; report back to Council at next meeting; and
• Thursday, February 5th will have Mayor's Inaugural Dinner honoring Mayor Davert.
Mayor Pro Tem Amante:
• Attended League Meeting;
• Congratulated City Treasurer George Jeffries on being selected Vice President of the
Orange County Oversight Committee;
• Noted that only $30 million are earmarked for infrastructure projects for entire Nation
through the President's Stimulus Plan; expressed need for additional funds that will
better stimulate the economy;
• Attended Astounding Inventions event last Friday; impressed with talented young
children in our community; and
City Council Meeting February 3, 2009
Minutes Page 11 of 12
• Tustin Community Foundation hosting Mayor's Dinner on Thursday, February Stn
Mayor Davert:
• Attended California Sanitation Agencies Conference, reviewed investment policies;
• Attended Mayor's Roundtable meeting last meeting; reported that Tustin in better
financial shape than most other cities in the County;
• Daughters participated in Astounding Inventions event; congratulated all participants;
• Provided tour to Lieutenant Governor Garamendi, and Assemblymen Duvall and
Tran of Reclaimed Water Plant for the OC Sanitation District; successful program
that he hopes to expand to other sanitation districts throughout State to improve
power and transportation;
• Invited all to attend the Senior Center's Casino Night on March 14th; and
• Chamber of Commerce hosting "For the Love of Tustin" on Thursday, February 5th
from 1 to 7 p.m.
ADJOURNED - 9:30 P.M. -The next meeting of the City Council is scheduled for
Tuesday, February 17, 2009 at 4:30 p.m. for a Special Meeting,
followed by the 5:30 p.m. Closed Session Meeting and the Regular
Business Meeting at 7:00 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California.
AMELA STOK
City Clerk
City Council Meeting February 3, 2009
Minutes Page 12 of 12