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DATE: MARCH 23, 2010
SUBJECT: CITY COUNCIL ACTION AGENDA
MARCH 16, 2010
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
MARCH 16, 2010
ACTION AGENDA
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MARCH 16, 2010
CALL TO ORDER -Meeting #2232 at 5:30 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William 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 § 54956.9(b)] -Two Cases
B. EXISTING LITIGATION [Govt. Code Section § 54956.9(a)] -Two Cases
• 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
• Tustin Unified School District v. City of Tustin et al, Case No. 30-2010-
00345476, 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.
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 1 of 9
JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY
MEETING
7:00 P.M.
~~ ~~
CALL TO ORDER -Meeting #2232 at 7:00 p.m.
INVOCATION -Councilmember Deborah Gavello
PLEDGE OF ALLEGIANCE -Councilmember Jim Palmer
ROLL CALL -City Clerk Stoker
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland
City Council provided the City Attorney's office with instructions regarding the City of
Newport Beach and City of Tustin v. City of Irvine matter. Otherwise, no reportable action.
PRESENTATIONS
• Tree City USA flag presentation celebrating 14 years as a tree city by Pat Madsen,
Maintenance Supervisor
• Orange County Stormwater Program presentation by Maryann Skorpanich, Director
of Orange County Watershed program
• TUSD permitting issue presentation by City Manager William Huston
Out of order
PUBLIC HEARING ITEM
1. CODE AMENDMENT 10-002 (ORDINANCE NO. 1367), ZONING CODE
UPDATE
A presentation was given by Elizabeth Binsack, Director of Community
Development.
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 2 of 9
Code Amendment 10-002 (CA 10-002) proposes the incorporation of minor
amendments to the Zoning Code (Article 9 Chapter 2) of the Tustin City Code
(TCC). Specifically, the Code Amendment meets the following objectives:
1. Incorporate use determinations into the Zoning Code that have been
previously determined by the Community Development Director and/or
the Planning Commission to be similar to other permitted uses or
conditionally permitted uses within various City zoning districts.
2. Provide accurate and updated information in the Zoning Code for both
staff and the public as to which uses are permitted or conditionally
permitted and the review process required for approval of such uses.
3. Integrate other minor amendments by clarifying and simplifying the
Zoning Code text including grammatical and spelling changes, updating
terminology, alphabetizing lists, and incorporating legal updates.
Public hearing opening at 7:39 p.m.
Public hearing closed at 7:39 p.m. with no public comments.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Jim Palmer to introduce and have first reading of Ordinance
No. 1367 to amend Article 9 Chapter 2 of the Tustin City Code to incorporate
use determinations and minor amendments to the Zoning Code.
ORDINANCE NO. 1367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING ORDINANCE NO. 1367 (CODE
AMENDMENT 10-002) TO AMEND ARTICLE 9 CHAPTER 2 OF THE
TUSTIN CITY CODE TO INCORPORATE USES AND MINOR
AMENDMENTS TO THE ZONING CODE
Motion carried 5-0.
PUBLIC INPUT REGARDING CONSENT CALENDAR ITEMS -None.
CONSENT CALENDAR ITEMS - It was moved by Councilmember/Agencymember Doug
Davert and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen to pull item 9 from the
consent calendar and approve the balance of items on consent as recommended by staff.
Motion carried 5-0.
2. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON MARCH 2, 2010
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 3 of 9
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on March 2, 2010.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $1,051,014.05,
$15,105.05, and $638,422.49, reversals in the amounts of $1,186.65 and
$18,920.00, and Payroll in the amount of $752,060.61.
4. PLANNING ACTION AGENDA -March 9, 2010
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Receive and file.
5. TUSTIN RESPONSE TO DEIR FOR CITY OF SANTA ANA TRANSIT ZONING
CODE
City Council authorization is requested for the City of Tustin's response to the
subject Draft Environmental Impact Report (DEIR) for the City of Santa Ana
Transit Zoning Code project. The Transit Zoning Code would provide for the
integration of new infill development, reuse, mixed use and transit supportive
development that support the addition of new transit infrastructure within the
proposed Santa Ana Renaissance Specific Plan area.
Recommendation: That the City Council authorize staff to forward the attached
response letter to the City of Santa Ana.
6. 2009 GENERAL PLAN ANNUAL REPORT
The California Government Code requires that the Planning Commission
provide a progress report to the City Council on the status of the City's General
Plan and the progress in its implementation, including the progress in meeting
our share of regional housing needs and efforts to remove governmental
constraints to housing development, maintenance, and improvement. On
March 9, 2010, the Planning Commission reviewed the annual report and
authorized staff to forward the report to the City Council. With Council
authorization, staff will forward the report to the State Office of Planning and
Research and the State Department of Housing and Community Development
in fulfillment of the State's requirement.
Recommendation: That the City Council review and authorize staff to forward
this annual report to the State Office of Planning and Research and the State
Department of Housing and Community Development.
7. APPROVE PROFESSIONAL SERVICES AGREEMENT ASSIGNMENT FOR
JAMBOREE ROAD (CIP 7194) AND TUSTIN RANCH ROAD (CIP 7195)
REHABILITATION PROJECTS
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 4 of 9
The City of Tustin currently has a Consultant Services Agreement with Norris-
Repke, Inc. for Design Engineering Services for the Jamboree Road and Tustin
Ranch Road Pavement Rehabilitation Projects (CIP Nos. 7194 and 7195). In
November of 2009, Norris-Repke, Inc. was purchased by Winzler & Kelly who
has requested that the City of Tustin consent to the assignment of the
Consultant Services Agreement with Norris-Repke, Inc. to Winzler & Kelly.
Recommendation: That the City Council approve the assignment of the
Consultant Services Agreement with Norris-Repke, Inc. to Winzler & Kelly and
authorize the Mayor and City Clerk to execute the consent documents on behalf
of the City.
8. AWARD OF CONSTRUCTION CONTRACT FOR PINE TREE PARK RED HILL
PARKING BAY (CIP NO. 2063) AND SAN JUAN STREET SIDEWALK
IMPROVEMENTS (CIP NO. 7198)
Bids for the Red Hill Avenue Parking Bay at Pine Tree Park CIP No. 2063 and
the San Juan Street Sidewalk CIP No. 7198 have been received and a
construction contract is ready to be awarded to the lowest
responsive/responsible bidder.
Recommendation: That the City Council award the construction contract for the
Red Hill Avenue Parking Bay at Pine Tree Park CIP No. 2063 and the San Juan
Street Sidewalk CIP No. 7198 to YAKAR, the lowest responsive/responsible
bidder, in the amount of $168,799.35; and authorize the Mayor and the City
Clerk to execute the contract documents on behalf of the City.
9. ADOPTION OF A RESOLUTION SUPPORTING THE PROPOSED
HUNTINGTON BEACH SEAWATER DESALINATION FACILITY
Poseidon Resources, a private company, is proposing to build a seawater
desalination facility in the City of Huntington Beach. The proposed facility would
be built adjacent to the AES power plant and would use the power plant's
existing infrastructure to access seawater and purify 50 million gallons per day
(MGD) of drinking water for Orange County residents and businesses. The
project would reduce Orange County's reliance on imported water and increase
local supplies. The project would be sited, permitted, built and operated without
taxpayer or ratepayer dollars. Poseidon has requested the City's support for the
project. Adoption of Resolution No. 10-27 will demonstrate the City's support for
the proposed Huntington Beach Seawater Desalination Facility.
Recommendation: That the City Council adopt Resolution No. 10-27, supporting
the construction and operation of the proposed Huntington Beach Seawater
Desalination Facility.
It was moved by Councilmember Davert and seconded by Mayor Pro Tem
Nielsen to adopt the recommended action.
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 5 of 9
RESOLUTION NO. 10-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA SUPPORTING THE CONSTRUCTION AND OPERATION
OF THE PROPOSED HUNTINGTON BEACH SEAWATER
DESALINATION FACILITY
Motion carried 4-1 (Councilmember Gavello abstaining)
10. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR TUSTIN FAMILY YOUTH CENTER
PLAYGROUND REPLACEMENT
This project includes the purchase and installation of playground equipment and
ADA required playground surfacing.
Recommendation: That the City Council approve Resolution No. 10-28,
approving specifications for the purchase and installation of new playground
equipment at the Tustin Family Youth Center and authorizing the City Clerk to
advertise for bids.
RESOLUTION NO. 10-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR TUSTIN FAMILY
YOUTH CENTER PLAYGROUND REPLACEMENT
11. FY09 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
The City of Santa Ana, in its capacity as a Core City for the Anaheim/Santa Ana
Urban Area (ASAUA) under the FY09 Urban Areas Security Initiative, has
applied for, received and accepted a grant entitled "FY 2009 Urban Areas
Security Initiative." This grant is from the federal Department of Homeland
Security-Office of Grants and Training, passed through the State of California
Emergency Management Agency. It is intended to enhance countywide
emergency preparedness (the grant), as set forth in the grant guidelines and
assurances that are incorporated to this Agreement by reference and located at:
http://www.ohs.ca.gov/pdf/FY09 Fed Guidance.pdf
http://www.ohs.ca.gov/pdf/FY09 HSGP Supplement Guidance final.pdf
The Office of Grants and Training awarded a FY09 UASI Grant of $10,218,440
(Grant Funds) to the City of Santa Ana, as a Core City, for use in the ASAUA;
and the UASI Grant Office now wishes to distribute FY09 UASI Grant Funds
throughout the ASAUA. The City of Tustin is a Sub Recipient of this grant and
as such is authorized to participate in this grant funding.
Recommendation: Authorize the City of Tustin to receive from the City of Santa
Ana equipment, technology and services, such as: replacement of Personal
Protective Equipment for all first responders, Critical Infrastructure Protection,
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 6 of 9
License Plate Readers, interoperable communications and data sharing
technology, and continual training and exercises.
Authorize the Chief of Police to sign any grant related paperwork on behalf of
the City.
12. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and file.
REGULAR BUSINESS ITEMS
13. SECOND READING OF ORDINANCE NO. 1379 - SPECIFIC PLAN
AMENDMENT 10-001, MINOR TEXT AMENDMENTS
On February 3, 2003, the Tustin City Council adopted the MCAS Tustin Specific
Plan to establish development regulations and procedures for reuse of the
former Marine Corps Air Station (MCAS) Tustin.
The MCAS Tustin Specific Plan divides the former base into Planning Areas.
Planning Area 1 is planned to support various educational/institutional uses
including the South Orange County Community College District (SOCCCD)
Advanced Technology and Education Park (ATEP). The City of Tustin is now
proposing minor text amendments to the MCAS Tustin Specific Plan through
proposed Specifc Plan Amendment (SPA) 10-001 that would clarify existing
Specific Plan language pertaining to the calculation of gross and net acreage in
Planning Area 1 and would provide additional flexibility to allow the submittal of
a concept plan for any portion of Planning Area 1.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to have second reading by title only and adoption of Ordinance No.
1379 (roll call vote).
ORDINANCE NO. 1379
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
ADOPTING SPECIFIC PLAN AMENDMENT (SPA) 10-001
IMPLEMENTING MINOR TEXT AMENDMENTS OF THE MCAS TUSTIN
SPECIFIC PLAN.
Motion carried 5-0.
14. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 7 of 9
1. LEGISLATIVE REPORT - AB 1594 (HUBER) SACRAMENTO-SAN
JOAQUIN DELTA: PERIPHERAL CANAL
AB 1594 would prohibit the construction of a peripheral canal that conveys
water from a diversion point in the Sacramento River to a location south of
the Sacramento-San Joaquin Delta, unless expressly authorized by the
Legislature. Staff is recommending that a letter be sent to legislators
expressing the City's concerns.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Gavello to send a letter to the bill's author, the Chair of the Assembly
Committee on Water, Parks & Wildlife and the Tustin legislative delegation,
including the Governor's Office, expressing opposition to AB 1594 (Huber).
Motion carried 5-0.
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Davert:
• Reported that he would be traveling this evening for the Orange County Sanitation
District to Washington, D.C. to request funds for wastewater treatment and for green
energy project.
Councilmember Davert left the meeting at 7:43 p.m.
ORAL COMMUNICATION /PUBLIC INPUT (out of order):
The following spoke regarding violations received from the City concerning the
requirement that driveways be three feet from their property line and be landscape
compliant and requested that their properties be grandfathered in as were purchased
years before the ordinance took place: Richard Mathisrud (had spoken with Mayor Pro
Tem Nielsen previously who recommended he address the Council), Barbara Boyd,
Cheryl Christenson, Sherie Haeggstrom and Pat Siress.
Staff was directed to bring the matter before Council with a report of the history, how it is
being enforced, and options on pre-existing situation.
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
John Nielsen
• Reported on the Southern California Association of Governments meeting
regarding the Regional Council, May 5-7 regional conference for general assembly
which will address sustainable community strategies; the greenhouse reduction act;
fixing California, and an update on SB 375
• Attended the Miss Tustin pageant; congratulated the new Miss Tustin, Sara Salizar,
and her court; encouraged attendance and sponsorship
• Attended the Chamber of Commerce Membership Breakfast on March 10
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 8 of 9
• Attended the Senior Center Casino night which had a large attendance
• Honored by the Orange County Council, Boy Scouts of American, as one of the top
volunteers of Orange County; received the Silver Beaver award
• Shared that both of his children have attended only TUSD schools and his wife and
he have a long history of supporting schools; has always advocated for Tustin High
School, including relocating to the base. Concerning the current dispute, would not
support the City's position if it was merely red tape, but cannot advocate breaking
the law as laws are designed to protect public safety.
Mayor Amante:
• Reported that OCTA has reduced 150,000 bus hours of service in Orange County
again; total since December 2008 to nearly 400,000 hours or 20% of bus service in
Orange County as result of downtown in the economy and $20 million taken by
State Legislature; hundreds of bus drivers and mechanics have been laid off; has a
huge impact on riders that affects their daily lives; 70% that ride buses are
completely dependent upon buses
• Discussed AB 32 and SB 375 overreaching by ARB to impose will on local
planning. Requested support for current initiative to reduce burden
• Attended the Miss Tustin pageant and thanked Cherrill Cady
• Shared support give to TUSD by the City in providing police services, crossing
guards, a music program when TUSD could not afford it; community resources for
children, Tustin Family and Youth Center and much more and is pleased that TUSD
has pulled encroachment permits and is beginning to comply with the law
• Invited all to attend the Easter Egg Hunt on April 3
ADJOURNED - 8:18 p.m. The next meeting is scheduled for Tuesday, April 6, 2010 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.
City Council/Redevelopment Agency March 16, 2010
Action Agenda Page 9 of 9