HomeMy WebLinkAboutCC MINUTES 2009 11 17MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
NOVEMBER 17, 2009
CALLED TO ORDER MEETING #2224 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: Kristi Recchia, Interim City Clerk
Others Present: Bill Huston, City Manager, and 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. EXISTING LITIGATION [Govt. Code Section 54856.9(a)] -One Case
• City of Newport Beach and City of Tustin v. City of Irvine et al., Case
No. 30-2008-00228855-CU-WM-CXC, Orange County Superior Court
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
CALL TO ORDER -Meeting #2224 at 7:00 p.m.
INVOCATION - Councilmember Palmer
PLEDGE OF ALLEGIANCE -Mayor Davert
ROLL CALL -City Clerk Stoker
Present: Mayor Doug Davert, Mayor Pro Tem Jerry Amante, and
City Council Meeting November 17, 2009
Minutes Page 1 of 10
Councilmembers Deborah Gavello, John Nielsen, and Jim Palmer.
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: Bill Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland
No reportable action
PRESENTATION - A Certificate was presented by Mayor Davert to Tender Loving Care for
"Home Health Care Month"
PUBLIC HEARING ITEM
APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE
PERMIT 09-023
Conditional Use Permit (CUP) 09-023 is a request to authorize the sale of beer
and wine for on-site consumption (ABC License Type 41) in conjunction with an
existing restaurant located at 14131 Red Hill Avenue (Exhibit A -Location Map).
On October 13, 2009, the Planning Commission conducted a public hearing and
adopted Resolution No. 4131 (Exhibit C), approving Conditional Use Permit
(CUP) 09-023 to authorize the sale of beer and wine for on-site consumption
(ABC License Type 41) in conjunction with an existing restaurant located at
14131 Red Hill Avenue. On October 20, 2009 the City Council appealed the
Planning Commission's action.
Public Hearing opened at 7:04 p.m.
Hearing closed at 7:05 p.m.
Applicant:
Manojkumar C. Nilkanth
Traditions Restaurant
28244 Springvale Lane
Castaic, CA 91384
Current Listed Property Owner.
Huber G. Wilson (deceased)
c% Old Town, Inc.
3185 Moritz Dr.
Huntington Beach, CA 92649
Long Term Lease Holder (Land)
Michael Pedicini
2187 Newcastle Avenue #100
Cardiff by the Sea, CA 92007
Long Term Lease Holder (Building):
Larry Smith, Old Town, Inc.
3185 Moritz Dr.
Huntington Beach, CA 92649-1877
RESOLUTION NO. 09-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-023 AUTHORIZING ON-SITE
ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN EXISTING
RESTAURANT (TRADITIONS) LOCATED AT 14131 RED HILL AVENUE.
Motion: It was moved by Mayor Davert, seconded by Councilmember Amante, to adopt
Resolution No. 09-65, approving Conditional Use Permit 09-023.
City Council Meeting November 17, 2009
Minutes Page 2 of 10
Motion carried 5-0
ORAL COMMUNICATION /PUBLIC INPUT
• Jay Peterson submitted a proposed resolution for City to adopt a slogan
honoring the 50-Year Anniversary of the U.S. Flag
CONSENT CALENDAR ITEMS - It was moved by Councilmember Nielsen and seconded
by Councilmember Palmer to pull items 14 and 15 from the consent calendar and approve
the balance of items on consent as recommended by staff.
Motion carried 5-0
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve reversals in the amount of $17,841.49 and $3,557.56;
demands in the amounts of $435,470.08, $16,396.68, and $773,418.51; and
Payroll in the amount of $707,384.90.
3. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 3, 2009
Motion: Approve the Action Minutes of the Regular City Council Meeting held
on November 3, 2009.
4. PLANNING ACTION AGENDA -NOVEMBER 10, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
5. CANCELLATION OF DECEMBER 15, 2009 CITY COUNCIL MEETING
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled City Council and Redevelopment meetings of December 15, 2009
and that the City Council hereby waives notice of said meeting as required by
Government Code Section 54954.
6. 2010 LOCAL APPOINTMENTS LIST
Motion: Approve the 2010 Local Appointments List for the Planning, Community
Services, and Audit Commissions and post notice as required by law.
7. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 145 PACIFIC STREET
The Mills Act is State legislation that provides for reduced property taxes on an
eligible historic property if the property owner agrees to maintain and preserve
City Council Meeting November 17, 2009
Minutes Page 3 of 10
the property for a minimum of ten years. On June 16, 1997, the City Council
authorized the implementation of a Mills Act program in Tustin and established
a policy specifying which properties would be eligible for the program.
Attachment A of this report includes a draft historic property preservation
agreement for the property located at 145 Pacific Street. This is the thirteenth
historic property preservation agreement to be considered by the Council. The
body of the agreement contains standard language that is required by State law
to be included in every Mills Act contract. A customized terms, standards, and
conditions for the property at 145 Pacific Street were also included in the
agreement. Because the property is in good condition, the improvements
required over the minimum 10-year contract term are relatively minor. Additional
historic property preservation agreements will be agendized for consideration by
the Council as more Mills Act program applications are received.
Motion: That the City Council adopt Resolution No. 09-66 authorizing the
execution of a Historic Property Preservation Agreement (Mills Act Contract)
with William H. and Sharon L. Teter, the owners of the property located at 145
Pacific Street.
RESOLUTION NO. 09-66 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE
THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED
HERETO AS EXHIBIT I WITH THE OWNER OF THE PROPERTY LOCATED
AT 145 PACIFIC STREET, TUSTIN, CALIFORNIA.
8. 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 2009. 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 report.
9. 2009 REVISED REGULATIONS FOR THE ORANGE COUNTY TAXI
ADMINISTRATION PROGRAM (OCTAP)
On October 1, 2009, the Steering Committee ~of the Orange County Taxi
Administration Program (OCTAP) reviewed and approved a completely revised
set of regulations. OCTAP requires the City of Tustin pass a resolution to
approve these revised regulations. OCTAP has provided two attachments which
consist of the complete regulations manual with revisions and a quick reference
list of all the revised regulations.
Motion: Adopt Resolution No. 09-64 approving the revised OCTAP regulations.
City Council Meeting November 17, 2009
Minutes Page 4 of 10
RESOLUTION NO. 09-64 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REVISED ORANGE
COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS
10. THIRD QUARTER 2009 SOLID WASTE PROGRAM REPORT
The City's Recycling Program is continuing to achieve over 50% diversion of
waste from landfills and remains in compliance with state requirements.
Motion: Receive and file this report.
11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE JAMBOREE ROAD REHABILITATION CIP
NO. 7194
The plans and specifications for the Jamboree Road Rehabilitation CIP No.
7194 have been prepared and the project is now ready to be bid. Construction
of the project is partially funded with American Reinvestment and Recovery Act
of 2009 (ARRA) federal stimulus funds.
Motion: That the City Council adopt Resolution No. 09-62 approving the plans
and specifications for the Jamboree Road Rehabilitation CIP No. 7194, and
authorizing and directing the City Clerk to advertise for bids.
RESOLUTION NO. 09-62 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS
FOR THE JAMBOREE ROAD REHABILITATION BETWEEN 2,750 FEET
NORTH OF TUSTIN RANCH ROAD AND NORTH CITY LIMITS (CIP NO.
7194) AND AUTHORIZING ADVERTISEMENT FOR BIDS
12. DECLARATION REGARDING SURPLUS IN IMPROVEMENT FUND FOR RE-
ASSESSMENT DISTRICT 95-1 AND TRANSFER OF SURPLUS FUNDS TO A
SPECIAL PUBLIC WORKS MAINTENANCE ACCOUNT FOR MAINTENANCE
PROJECTS WITHIN THE ASSESSMENT DISTRICT
All work within Re-Assessment District 95-1 (RAD 95-1) is complete and the
City may now declare a surplus in the Improvement Fund for RAD 95-1, as
allowed under Section 10427 of the California Streets and Highways Code. Staff
is recommending that the surplus be transferred to a special Public Works
Maintenance Account to be used for maintenance projects within the District.
Motion: That the City Council adopt Resolution No. 09-57 declaring a surplus in
the Improvement Fund for Re-Assessment District No. 95-1 and authorizing
transfer of surplus funds to a special Public Works Maintenance Account to be
used for maintenance projects within the District.
RESOLUTION NO. 09-57 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA DECLARING A SURPLUS IN THE
City Council Meeting November 17, 2009
Minutes Page 5 of 10
IMPROVEMENT FUND FOR RE-ASSESSMENT DISTRICT NO. 95-1 AND
AUTHORIZING TRANSFER OF SURPLUS FUNDS TO A SPECIAL PUBLIC
WORKS MAINTENANCE ACCOUNT TO BE USED FOR MAINTENANCE ~'`°°
PROJECTS WITHIN THE DISTRICT
13. ADOPTION OF AN URBAN FOREST MANAGEMENT PLAN
The City of Tustin is presently designated a "Tree City USA" City. Adoption of
the proposed Urban Forest Management Plan will establish guidelines for the
management of City trees, and allow the City to be recertified as a Tree City
USA City and apply for the Tree City USA "Growth Award" designation.
Motion: That the City Council adopt the City of Tustin Urban Forest
Management Plan.
14. MDC AND IN-CAR VIDEO SYSTEM REPLACEMENT
The life cycle of the current Datalux Mobil Data Computers (MDC) and Kustom
Signals In-Car Video System is coming to an end. The Police Department has
utilized both systems in excess of five years. Both systems are out of warranty
and officers are beginning to see a significant decline in the function and
reliability of both systems. Both the MDC and In-Car Video Systems are critical
to the performance of a police officer and overall success of the Police
Department. The MDC is a primary means of communication between dispatch
and field personnel as well as serving as an access point to various databases.
The In-Car Video System is critical to the collection of evidence, is often used in
regards to administrative concerns and complaints, and is crucial to overall risk
management.
Over a 15-month period, staff conducted extensive research into replacement
options. After field testing systems from six different vendors, the integrated
system from DATA911 was determined to be the best system for the needs of
the Police Department.
Chief Jordan provided a brief presentation and introduced Lieutenant Garaven
and Officer Saunders to discuss and respond to questions regarding the MDC
and In-Car Video System.
Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro
Tem Amante to approve the purchase of 35 MDCs and 34 In-Car Video
Systems from DATA 911.
Motion carried: 5-0
15. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
City Council Meeting November 17, 2009
Minutes Page 6 of 10
Motion: It was moved by Mayor Pro Tem Amante and seconded by Council-
member Palmer to receive and file this report.
Motion carried 4-1 (Councilmember Gavello dissented)
REGULAR BUSINESS ITEMS
16. 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
sections of the Tustin City Code to standardize appeal provisions and
implement minor text corrections.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Mayor Davert to
have second reading by title only and adopt Ordinance No. 1366
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
17. CODE AMENDMENT 09-007: WATER EFFICIENT LANDSCAPE ORDINANCE
In 2006, Governor Schwarzenegger signed Assembly Bill 1881, amending the
Water Conservation in Landscaping Act (Act). The bill added two new
requirements: 1) the California Department of Water Resources (DWR) is to
update the current Model Water Efficient Landscape Ordinance; and 2) each
city and county must either comply with the final State ordinance or may update
its Landscape Ordinance by January 1, 2010, so that it is "at least as effective
as" the State's updated Model Ordinance.
In response to the new landscape water efficiency requirements, a stakeholder
group was formed under the leadership of the Municipal Water District of
Orange County (MWDOC) and the Orange County Division of the League of
City Council Meeting November 17, 2009
Minutes Page 7 of 10
California Cities (the Division.) The stakeholder group developed alocally-
crafted Orange County Model Water Efficient Landscape Ordinance (OC Model)
and Guidelines that will meet the "at least as effective as" requirement of state
law, minimize the complexity and cost of compliance, and provide consistency
between local jurisdictions. Proposed Ordinance No. 1376 is consistent with the
OC Model.
The cornerstone of the OC Model Ordinance and Guidelines is a self-
certification process that will streamline the permitting process and reduce costs
for applicants and local agencies. Pursuant to the proposed ordinance, certain
new and rehabilitated landscapes will be required to be water efficient based on
the criteria in the Guidelines.
Lacy Kelly, Executive Director of the Orange County Division of League of
California Cities made a presentation regarding proposed model ordinance;
Brian Starr, of BIA, spoke in favor of proposed model ordinance; and Joe Berg
of MWDOC, commented on the model ordinance development process;
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Gavello that the Tustin City Council introduce and have first reading of
Ordinance No. 1376 approving Code Amendment 09-007, and set for second
reading at the City Council meeting of December 1, 2009.
ORDINANCE NO. 1376 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ADDING CHAPTER 7 OF ARTICLE 9 OF THE TUSTIN
CITY CODE REGARDING WATER EFFICIENT LANDSCAPES.
Motion carried 5-0
18. ORDINANCE NO. 1377, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1632 OF THE TUSTIN
CITY CODE REGARDING REQUEST FOR PROPOSALS FOR
INDEPENDENT AUDITORS
Ordinance No. 1377 will amend Section 1632 of the Tustin City Code regarding
request for proposals for independent auditors.
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. 1377, amending Section 1632 of the Tustin City Code regarding
request for proposals for independent auditors; and set for second reading at
the City Council meeting of December 1, 2009.
Finance Director Arends-King gave a brief presentation on the ordinance.
ORDINANCE NO. 1377 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION
1632 RELATING TO REQUESTS FOR PROPOSALS FOR INDEPENDENT
AUDITORS.
City Council Meeting November 17, 2009
Minutes Page 8 of 10
Motion carried: 4-1 (Councilmember Gavello dissented)
19. VECTOR CONTROL DISTRICT BOARD APPOINTMENT
The City has received notice that the term of the incumbent representative on
the Vector Control District Board, AI Murray, who was appointed in July 2009 to
complete the unexpired term of Lou Bone, will expire on December 31, 2009.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer that AI Murray be appointed to serve a four year term on the Vector
Control District Board.
Motion carried: 5-0
20. LEGISLATIVE REPORT
None
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Palmer
• Congratulated staff on Library Grand Opening.
Councilmember Gavello:
• Commended Assistant City Manager Shingleton on Library Grand Opening.
Councilmember Nielsen
• Attended three SCAG committee meetings, including presentation on SB375;
Community and Human Economic Development meeting; Regional Council
meeting;
• Reported on Santa Ana Flood Control Protection Agency meeting and
discussions related to the Prado Dam;
• Reported on WACO meeting and discussions related to conservation,
sustainability, and related state bills;
• Commented on Library Grand Opening;
• Commented on ribbon cutting at Citrus Park; thanked staff for efforts;
• Commented on college basketball upset; congratulated CSUF on their victory
over UCLA;
• Congratulated Tustin High School football team and water polo team in CIF
playoffs;
• Congratulated Beckman High School football team and water polo team in
CIF playoffs;
• Commented on success of local scouting groups food drive.
Mayor Pro Tem Amante:
• Commented on Citrus Ranch Park's grand opening in January 2010;
• Discussed OCTA reports that Transit Committee recommended additional
City Council Meeting November 17, 2009
Minutes Page 9 of 10
cuts in bus service;
• Congratulated other local Mayors recently selected to continue serving on the
OC Division League California Cities;
• Commended the staff on the Library Grand Opening;
• Reported on city park refurbishments;
• Discussed future plans for HOV lane improvement;
• Commended Councilmember Nielsen for his presentation on AB 32 and
SB375 at the last Chamber breakfast.
Mayor Davert:
• Discussed Mills Act Agreement on Consent Calendar regarding preservation
of historical assets in community;
• Echoed comments on dedications of the new Library and Citrus Ranch Park;
• Reported on Advocacy Committee meeting of O.C. Division of League of
California Cities;
• Attended the OC Division League Meeting regarding pension reform;
• Commented on Vector Control District Board leadership;
• Commented on recent newspaper article regarding UFO sighting in 1965 in
Tustin;
• Reported on new OCFA red flag warning system;
• Announced the Annual Mayor's Thanksgiving Breakfast hosted by Tustin
Community Foundation will be held on Thursday, November 19tH;
• Announced that at the December 1St Council meeting there will be an election
of a new Mayor and Mayor Pro Tem;
• Announced the Annual Christmas Tree Lighting ceremony will be held in front
of City Hall on Friday, Dec. 4tn;
• Wished everyone a happy Thanksgiving.
ADJOURNMENT -- 8:30 p.m. The next meeting of the City Council is scheduled for
Tuesday, December 1, 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.
i
DOUG DAV RT LA ST
Mayor City Clerk
City Council Meeting November 17, 2009
Minutes Page 10 of 10