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Home My WebLink About03 CC MINUTES 2009 11 3 11-17-09Agenda Item 3 Reviewed: MINUTES OF THE REGULAR MEETING City Manager OF THE CITY COUNCIL Finance Director N/A TUSTIN, CALIFORNIA NOVEMBER 3, 2009 CALLED TO ORDER MEETING #2223 AT 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert, Mayor Pro Tem Jerry Amante, and Councilmembers Deborah Gavello, John Nielsen, and Jim Palmer. Absent: None City Clerk: None Others Present: Christine Shingleton, Assistant City Manager, Doug Holland, City Attorney PUBLIC INPUT -None CLOSED SESSION ITEMS -The Brown 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 existing and anticipated litigation: A. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases B. INITIATION OF LITIGATION [Govt. Code § 54856.9(c)] -One Case RECESSED - At 5:31 p.m., City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENED - At 7:00 p.m., City Council reconvened in public session with same members present. REGULAR CITY COUNCIL MEETING CALLED TO ORDER -MEETING #2223 at 7:01 P.M. INVOCATION - Councilmember Palmer City Council Meeting November 3, 2009 Minutes Page 1 of 6 PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante ROLL CALL Present: Mayor Doug Davert, Mayor Pro Tem Jerry Amante, and Councilmembers Deborah Gavello, John Nielsen, and Jim Palmer. Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: Christine Shingleton, Assistant City Manager; and Doug Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland No reportable action ORAL COMMUNICATION /PUBLIC INPUT -None CONSENT CALENDAR ITEMS: It was moved by Councilmember Palmer, seconded by Councilmember Nielsen, to approve consent Calendar items as recommended by staff. Motion carried 5-0 1. APPROVAL OF MINUTES -REGULAR MEETING OF OCTOBER 20, 2009 Motion: Approve the Action Minutes of the Regular City Council Meeting held on October 20, 2009. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $569,401.46, and $1,979,673.33; and Payroll in the amounts of $2,178.47 and $761,967.64. 3. PLANNING ACTION AGENDA -OCTOBER 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. 4. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT LAUREL GLEN AND MAGNOLIA TREE PARKS (CIP No. 2064) City Council Meeting November 3, 2009 Minutes Page 2 of 6 This project includes the purchase and installation of playground equipment and ADA required playground surfacing and ramps. Motion: That the City Council approve Resolution No. 09-63, approving specifications for the purchase and installation of new playground equipment at Laurel Glen and Magnolia Tree Parks (CIP No. 2064), and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 09-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT LAUREL GLEN AND MAGNOLIA TREE PARKS (CIP No. 2064) REGULAR BUSINESS ITEMS 5. PRESENTATION ON THE PROPOSED WATER EFFICIENT LANDSCAPE ORDINANCE The Community Development Department will give a presentation on the proposed Water Efficient Landscape Ordinance, which is tentatively scheduled for consideration by the City Council on November 17, 2009. The proposed ordinance is based on the Orange County Model Water Efficient Landscape Ordinance, which was recently developed by a stakeholder group under the leadership of the Municipal Water District of Orange County and the Orange County Division of the League of California Cities. Mayor Pro Tem Amante elaborated on the local process of addressing local water regulations and collaborative efforts in Orange County, and guidelines for ordinance adoption. 6. CODE AMENDMENT (CA) 09-005: ORDINANCE NO. 1366 -STANDARDIZED APPEAL PROVISIONS/MINOR TEXT CORRECTIONS The Tustin City Code has been amended many times over the years, gradually introducing inconsistencies to the appeal process for various discretionary actions. Appeal filing deadlines vary depending upon the application type; there are inconsistencies as to whether filing deadlines are counted as calendar days or business days; and, there are a number of appeal hearing officers or boards identified, including the Planning Commission, City Manager, a Hearing Officer, the Tustin Community Redevelopment Agency, and Tustin City Council. On September 22, 2009, the Tustin Planning Commission held a public hearing and adopted Resolution No. 4121 recommending that the Tustin City Council approve Code Amendment 09-005 (Ordinance No. 1366), amending various City Council Meeting November 3, 2009 Minutes Page 3 of 6 sections of the Tustin City Code to standardize appeal provisions and implement minor text corrections. • Councilmember Nielsen asked about the Planning Commission agenda appeal process deadline. Elizabeth Binsack responded. • Mayor Davert stated that this action assists in streamlining various processes. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer, that the Tustin City Council introduce and have first reading of Ordinance No. 1366 approving Code Amendment 09-005, amending various sections of the Tustin City Code to standardize appeal provisions and implement minor text corrections (Attachment B) ORDINANCE NO. 1366 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF THE TUSTIN CITY CODE, FOR THE PURPOSE OF CREATING A UNIFORM APPEALS PROCESS FOR CERTAIN DECISIONS RELATED TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND IMPLEMENTING MINOR TEXT AMENDMENTS. Motion carried: 5-0 7. SECOND READING OF ORDINANCE NO. 1370 - AN AMENDMENT TO THE JAMBOREE PLAZA PLANNED COMMUNITY On October 20, 2009, the City Council held a public hearing to evaluate the application for Code Amendment 09-003 and Design Review 09-004 for the construction of an express carwash located at 3017 Edinger Avenue. Code Amendment 09-003 is a request to reduce the building setback along Edinger Avenue from thirty (30) feet to fifteen (15) feet and Design Review 09-004 is for site design and building architecture review of the proposed carwash. Proposed Ordinance No. 1370 would approve CA 09-003 and DR 09-004. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Nielsen, to have second reading by title only and adopt Ordinance No. 1370. (Roll call vote) ORDINANCE NO. 1370 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS (CODE AMENDMENT 09- 003) TO REDUCE THE BUILDING SETBACK FROM EDINGER AVENUE FROM THIRTY (30) FEET TO FIFTEEN (15) FEET. Motion carried: 5-0 City Council Meeting November 3, 2009 Minutes Page 4 of 6 8. COMMITTEE APPOINTMENTS At the October 20, 2009 City Council Meeting, Mayor Davert requested that the Council revisit the appointment to WACO, Newport Back Bay, and Santa Ana Flood Channel positions. Mayor Davert expressed concerns regarding City representation on the various water committees. Mayor Davert suggested Councilmember Nielsen as a replacement for Councilmember Gavello on three committee appointments. Motion: It was moved by Mayor Davert, seconded by Mayor Pro Tem Amante, to have Councilmember Nielsen serve as the appointed representative to WACO, Newport Back Bay, and Santa And Flood Control positions. Motion carried: 4-1 (Councilmember Gavello dissented) 9. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. • Mayor Pro Tem Amante provided updated information on legislative actions related to water issues in California; • Mayor Davert requested staff provide the Council with regular updates on water legislation; • Councilmember Gavello concurred with Mayor Pro Tem Amante's comments; suggested that there is an extensive amount of information regarding water regulations. OTHER BUSINESS /COMMITTEE REPORTS -Assistant City Manager, City Attorney, City Council Councilmember Gavello: • Thanked Council for opportunity to serve on the water committees; the only pressing issue is a requirement to reduce the TMDL of selenium from our water. We are part of a $120,000,000 solution with our cities and developers, but we cannot meet the standard by the due date of December 20tH; • Enjoyed volunteering at Dino Dash. Councilmember Palmer: • None Councilmember Nielsen: • No SCAG report; • Attended Toastmasters 85tH Anniversary event; City Council Meeting November 3, 2009 Minutes Page 5 of 6 • Attended Grand Opening and ribbon cutting for Red Hill Lutheran Church; • Attended Chamber mixer; • November 11th is Veterans Day. Mayor Pro Tem Amante: • Discussed consideration in transportation cuts for OCTA; • Attended meeting in San Clemente regarding Transportation Corridor Agency; • Thanked City Hall staff for coordinating community meeting on October 28tH concerning railroad Quiet Zones in Tustin; • Attended Halloween Howl at CT Gym on October 30th; • Attended Dino Dash on Nov.1 St; • Attended Safe Bus Driver awards ceremony; • Attended 91 Freeway groundbreaking for highway improvements near Highway 71. Ribbon cutting expected December 2010; • Commented on large number of bank closings. Mayor Davert: • Attended workshop on Sanitation District's Five-Year Strategic Plan; • Reported additional Orange County cities considering joining OCFA; • Commended Mayor Pro Tem Amante and staff on neighborhood meeting regarding Quiet Zone; • Reported on the results of the Dino Dash; • Announced upcoming events: • Nov 5th dedication of Citrus Ranch Park; • Nov 14th formal dedication of new public library; • Nov. 19th Community Foundation hosting annual Mayor's Thanksgiving breakfast; • Dec 1St election of new Mayor and Mayor Pro Tem; • Dec 4th tree lighting ceremony ADJOURNMENT - 8:11 p.m. The next meeting of the City Council is scheduled for Tuesday, November 17, 2009 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. DOUG DAVERT Mayor PAMELA STOKER City Clerk City Council Meeting November 3, 2009 Minutes Page 6 of 6