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Home My WebLink AboutCC Minutes 2010 03-02MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY MARCH 2, 2010 CALL TO ORDER -Meeting #2231 at 5:30 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Doug Davert, Jim Palmer and Deborah Gavello Absent: None. City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: William Huston, City Manager; and Douglas 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 C. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agenc~Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Em ploy ee Org anization: Tustin Municipal Employees Association (TMEA) Em ploy ee Org anization: Tustin Police Officers Association (TPOA) Em ploy ee Org anization: Tustin Police Support Service Association (TPSSA) Em ploy ee Org anization: Tustin Police Management Association (TPMA) Em ploy ee Org anization: Part-Time Unrepresented Employees Em ploy ee Org aanization: Unclassified Confidential Employees City Council/Redevelopment Agency Meeting March 2, 2010 Minutes Page 1 of 8 Employee Organization: Management and Supervisory Employee Organization: Executive Management 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. JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING CALL TO ORDER -Meeting #2231 at 7:00 p.m. INVOCATION -Eric Wakeling, Calvary Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Nielsen ROLL CALL - City Clerk Services Supervisor Patricia Estrella Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Doug Davert, Jim Palmer and Deborah Gavello Absent: None. City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: William Huston, City Manager; and Douglas Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland No reportable action. PRESENTATION • Presentation by Tustin Community Foundation President-Elect Chuck Puckett ORAL COMMUNICATION /PUBLIC INPUT -None. PUBLIC HEARING ITEMS 1. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 09-025 TO ALLOW A RESTAURANT EXPANSION, INCREASED SEATING, OUTDOOR DINING, AND MODIFIED BUSINESS HOURS City Council/Redevelopment Agency Meeting March 2, 2010 Minutes Page 2 of 8 On January 26, 2010, the Planning Commission adopted Resolution No. 4140, approving Conditional Use Permit (CUP) 09-025 to allow a restaurant expansion, increased seating, new outdoor dining area, and modified business hours for an existing restaurant (Jalapenos) located at 450 E. First Street. On February 4, 2010, Councilmember Gavello appealed the Planning Commission's decision due to concerns related to additional seating and the availability of parking spaces for employees and customers. Public Hearing opened at 7:21 p.m. Louis Skelton, architect for Jalapenos, spoke in favor of the expansion. Public Hearing closed at 7:23 p.m. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to adopt Resolution No. 10-26 upholding the Planning Commission's approving Conditional Use Permit 09-25 Motion carried 4-1 (Councilmember Gavello dissenting) 2. CODE AMENDMENT 10-001 (ORDINANCE NO. 1378), PROHIBITING DRIVE- IN AND DRIVE-THRU ESTABLISHMENTS WITHIN COMMERCIAL AREAS OF OLD TOWN TUSTIN On January 5, 2010, the Tustin City Council adopted Ordinance No. 1373 to: 1) reduce restaurant parking requirements for Old Town Tustin; and 2) facilitate the establishment of outdoor restaurant seating areas in Commercial Districts throughout the City, including Old Town Tustin. At that time, the City Council also directed staff to implement the Planning Commission's recommendation to eliminate drive-thru establishments as a conditionally permitted use within the commercial areas of Old Town. Code Amendment 10-001 (Ordinance No. 1378) has been prepared to implement this direction. Public Hearing opened at 7:32 p.m. Marge Redmond commented concerning drive-in or drive-thru establishments as a potentially creative way to assist in the parking situation particularly since there are no strict zoning or design guidelines for Old Town. Public Hearing closed at 7:34 p.m. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to table this item to an unspecified future date. City Council/Redevelopment Agency Meeting March 2, 2010 Minutes Page 3 of 8 ORDINANCE NO. 1378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 10- 001, AMENDING SECTION 9233 OF PART 3 OF CHAPTER 2 OF ARTICLE 9 PERTAINING TO THE PROHIBITION OF DRIVE- IN AND DRIVE THRU ESTABLISHMENTS IN OLD TOWN TUSTIN Motion carried 5-0. 3. SPECIFIC PLAN AMENDMENT 10-001 (ORDINANCE NO. 1379), 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 Specific 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. Public Hearing opened at 7:39 p.m. Public Hearing closed at 7:39 p.m. with no public comment. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to introduce and have first reading of Ordinance No. 1379, approving SPA 10-001 implementing minor text amendments of the MCAS Tustin Specific Plan (Attachment A). 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. CONSENT CALENDAR ITEMS - It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to pull item 9 from the consent calendar and approve the ~ balance of items on consent as recommended by staff. City Council/Redevelopment Agency Meeting March 2, 2010 Minutes Page 4 of 8 Motion carried 5-0. 4. APPROVAL OF MINUTES -SPECIAL CITY COUNCIL AND REGULAR MEETfNG OF THE JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY HELD ON FEBRUARY 16, 2010 Recommendation: Approve the Action Minutes of the Special City Council and Regular Meeting of the Joint City Council, Redevelopment Agency and Tustin Public Financing Authority held on February 16, 2010. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $278,369.69, $2,092,921.16, and $401,648.51, and Payroll in the amount of $700,111.82. 6. PLANNING ACTION AGENDA -February 23, 2010 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 7. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the third and fourth 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 third and fourth 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. Recommendation: Receive and file. 8. DECLARATION OF SURPLUS EQUIPMENT Declare city equipment as detailed in attached report as surplus in accordance with Section 1626a(2) of the Tustin City Code and authorize their sale at public auction. Recommendation: 1. Declare, in accordance with the Tustin City Code -Section 1626a (2), the attached itemized list of equipment as surplus and not required for public use; and, 2. Authorize the Public Works Department to sell the equipment listed at the next available public auction. 9. 2009 SOLID WASTE CONTRACT STATUS REPORT City Council/Redevelopment Agency Meeting March 2, 2010 Minutes Page 5 of 8 CR&R, Inc has submitted its required annual report for 2009. Staff has completed a review of the data included in the report and is providing a summary report of the City's solid waste program. Overall waste volume was down 6.7% in 2009 from the 72,446 tons collected in 2008. Single family collection volume remained virtually the same as 2008 while multifamily collections were down by 6.5%. While overall roll off recycling decreased from 2008 to 2009, CR&R still attained the 50% diversion requirement. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to receive and file. Motion carried 5-0. REGULAR BUSINESS ITEM 10. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. Mayor Amante requested that staff brief Council at the next meeting on AB 1594 (Huber). OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council City Manager William Huston: • In response to a lawsuit filed by Tustin Unified School District and allegations by members of the TUSD Board and staff members regarding Heritage School and Tustin High School and the City's requirement for grading permits and an approved water quality plan, a 2-part presentation has been prepared. Director of Community Development Elizabeth Binsack: • Gave a presentation regarding the issues with TUSD and summarized as follows: • A grading permit is a requirement for everyone -including TUSD ^ A grading permit helps to protect public safety, public and private properties, and the environment ^ Compliance with the law saves taxpayer money ^ TUSD is not being a good steward of the environment or a good neighbor ^ The City is ready to help TUSD comply with the law. The City is willing to expedite the permit process ^ TUSD's permit would have been issued months ago if TUSD had worked through the process ^ No need to hire costly attorneys to fight this. TUSD should simply follow the law. TUSD is not above the law City Manager William Huston: City Council/Redevelopment Agency Meeting March 2, 2010 Minutes Page 6 of 8 • Gave a presentation clarifying that in the past TUSD has complied with the permit requirement • Discussed potential penalties to TUSD if they do not comply Councilmember Davert: • Mentioned Citrus Ranch Park opening and great turnout by community; thanked citizens for many complimentary emails • Announced the Miss Tustin pageant Saturday, March 6, at 7:00 p.m. at Beckman High School which provides scholarship money for contestants • Shared that he and Mayor Amante met with IRWD regarding water issues • Clarified past comments regarding Councilmember Gavello's newsletter • Stated the Orange County Fire Authority has conducted budget reduction adhoc meetings and that approximately $3 million in budget reductions have been identified to date • F~e~quested that discussion regarding Council salary, health care benefits, meals, and other items be agendized Councilman Palmer: • Agreed that discussion be agendized regarding Council benefits • Attended the Citrus Ranch Park opening and mentioned that the orchard looks beautiful Mayor Pro Tem Nielsen: • Gave a committee report on the Upper Newport Bay Watershed Executive Committee • Discussed OCCOG's presentation on the 2010 census to encourage participation; elected a new chair and vice chair; added new ex officio non-voting members from the business community; shared information regarding the AQMD proposed rule 2301; provided an update regarding the Memorandum of Understanding between OCCOG and SCAG regarding the implementation of a sustainable community strategy in Orange County • Discussed the great opening event at Citrus Ranch Park • Encouraged attendance at the Miss Tustin pageant Mayor Amante: • Shared information regarding a recent OCTA Central Corridor Major Improvement Policy Advisory Committee meeting and reduced set of alternatives regarding local transportation growth and congestion relief; thanked colleagues and Acting Public Works Director Doug Stack for efforts • Reported on the Transportation Corridor Agencies and ongoing discussions with the Secretary of the Navy and the Marines regarding mobility in South County and completion of planned route • Recommended that Council continue to review budget reductions and agendize discussions in that regard • Thanked Parks and Recreation Services staff, Director Dave Wilson and the Community Services Commission members for their efforts on Citrus Ranch Park and commended its representation as both a modern park with all the amenities City CounciURedevelopment Agency Meeting March 2, 2010 Minutes Page 7 of 8 and a trip back into history with the orchards Encouraged all to attend the Miss Tustin pageant ADJOURNED - at 8:48 p.m. The next meeting is scheduled for Tuesday, March 16, 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. ;.,~ MELA STO , City Clerk City Council/Redevelopment Agency Meeting March 2, 2010 Minutes Page 8 of 8