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Home My WebLink About00 CC AGENDA 11-16-10 CITY OF TUSTIN NOVEMBER 16, 2010 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL, REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY John Nielsen, Mayor Pro Tem David C. Biggs, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Jim Palmer, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Deborah Gavello, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2251 ATTENDANCE PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. 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. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] – Two Cases B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] – Two Cases C. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 ? Consideration of claim of Tyrone Hurtado, Claim No. 10-18 ? Consideration of claim of Christine Axelson, Claim No. 10-20 ? Consideration of claim of Carla Izquierdo, Claim No. 10-21 ? Consideration of claim of Tomomi Ando, Claim No. 10-23 NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk’s office located at 300 Centennial Way, Tustin, CA during normal business hours. JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2251 INVOCATION – Mayor Amante PLEDGE OF ALLEGIANCE – Councilmember Palmer ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney Holland PRESENTATIONS ? Zoe Martinez, Jr. Miss Tustin Tiller 2011 ? Max Martinez, Tiny Mr. Tustin Tiller 2011 ORAL COMMUNICATION/PUBLIC INPUT – At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Items 1-2) 1. APPEAL OF PLANNING COMMISSION ACTION OF USE DETERMINATION 10-003 APPROVING HYDROPONICS AND INDOOR GARDENING SUPPLY STORE USE IN THE CENTRAL COMMERCIAL, HEAVY COMMERCIAL AND COMMERCIAL GENERAL ZONING DISTRICTS A request has been received to establish a hydroponics and indoor gardening supply store at 365 EI Camino Real. The proposed hydroponics and indoor gardening supply store is located within the Central Commercial (C-2) and Cultural Resources Districts in Old Town Tustin. Tustin City Code (TCC) Section 9233 related to the C-2 District does not allow for a hydroponics and indoor gardening supply stores as permitted, conditionally permitted, or City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Meeting Agenda Page 2 of 8 prohibited uses. TCC Sections 9233a and 9233c related to the C-2 District allow the Planning Commission to determine whether an unlisted use is similar to other listed uses and should be permitted, conditionally permitted, or prohibited through a Use Determination. On September 28, 2010, the Planning Commission adopted Resolution No. 4159, approving hydroponics and indoor gardening supply store use as a conditionally permitted use in the Central Commercial (C-2), Heavy Commercial (C-3), and Commercial General (CG) zoning districts. On October 7, 2010, an appeal was filed by Mayor Pro Tem Nielsen stating that the proposed use is an industrial and manufacturing type of use, not a retail use, and therefore is not compatible with other businesses in the Old Town area. Property Owner: Arnold Surfas Applicant: Nic Seid 145 W. 1St Street 1001 Starbuck Street, B102 Tustin, CA 92780 Fullerton, CA 92833 Project Site: 365 EI Camino Real Affected Zoning: Central Commercial (C-2), Heavy Commercial (C-3), and Commercial General (CG) Zoning Districts Recommendation: The City Council may take either action 1 or 2 or other action as deemed appropriate: 1. Adopt Resolution No. 10-107 upholding the Planning Commission's decision approving Use Determination 10-003 to allow hydroponics and indoor gardening supply store use in C-2, C-3, and CG Districts, with a conditional use permit subject to approval by the Planning Commission (Attachment G - Uphold). 2. Adopt Resolution No. 10-107 denying Use Determination 10-003 permitting hydroponics and indoor gardening supply store use in any commercial districts (Attachment H - Denial). RESOLUTION NO. 10-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING COMMISSION DECISION AND APPROVING USE DETERMINATION 10-003 TO ALLOW A HYDROPONICS AND INDOOR GARDENING SUPPLY STORE AS A CONDITIONALLY PERMITTED USE IN THE CENTRAL COMMERCIAL, HEAVY COMMERCIAL, AND COMMERCIAL GENERAL ZONING DISTRICTS. RESOLUTION NO. 10-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DENYING USE DETERMINATION 10-003 TO ALLOW HYDROPONICS AND INDOOR GARDENING SUPPLY STORE USES IN COMMERCIALLY ZONED DISTRICTS. City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Meeting Agenda Page 3 of 8 2. THE FOURTH FIVE-YEAR IMPLEMENTATION PLAN FOR THE TOWN CENTER AND SOUTH CENTRAL REDEVELOPMENT PROJECT AREAS (FISCAL YEARS 2010-2011 TO 2014-2015) Redevelopment Agency and City Council approval is requested of the Fourth Five-Year Implementation Plan for the Town Center and South Central Redevelopment Project Areas for Fiscal Years 2010-2011 to 2014-2015. Recommendation: The Redevelopment Agency and City Council open the joint Public Hearing and after any public testimony: 1. The Agency adopt RDA Resolution No. 10-13 approving the proposed Fourth Five-Year Implementation Plan for the Town Center and South Central Redevelopment Project Areas for Fiscal Years 2010-2011 to 2014-2015; and 2. The City Council adopt Resolution No. 10-100 approving the proposed Fourth Five-Year Implementation Plan for the Town Center and South Central Redevelopment Project Areas for Fiscal Years 2010-2011 to 2014-2015. RDA RESOLUTION NO. 10-13 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE FOURTH FIVE-YEAR IMPLEMENTATION PLAN FOR THE TOWN CENTER AND SOUTH CENTRAL REDEVELOPMENT PROJECT AREAS. RESOLUTION NO. 10-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE FOURTH FIVE-YEAR IMPLEMENTATION PLAN FOR THE TOWN CENTER AND SOUTH CENTRAL REDEVELOPMENT PROJECT AREAS. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 3 through 7) 3. APPROVAL OF MINUTES – SPECIAL MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 2, 2010 AND REGULAR MEETING OF THE JOINT CITY COUNCIL, REDEVELOPMENT AGENCY, AND TUSTIN PUBLIC FINANCING AUTHORITY HELD ON NOVEMBER 2, 2010 Recommendation: Approve the Action Minutes of the Special Meeting of the City Council held on November 2, 2010 and the Regular Meeting of the Joint City Council, Redevelopment Agency, and Tustin Public Financing Authority City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Meeting Agenda Page 4 of 8 held on November 2, 2010. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $929,126.59 and $675,813.54 and Payroll in the amount of $ 666,193.42. 5. 2011 LOCAL APPOINTMENTS LIST Prior to December 31 st of each year, the Maddy Act requires municipal agencies to prepare and post a listing of all Commission/Committee vacancies for the coming year. Recommendation: Approve the 2011 Local Appointments List for the Planning, Community Services, and Audit Commissions and post notice as required by law. 6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE PARK PLAYGROUND RENOVATIONS (CIP NO. 20064) Replacement of the park playgrounds at Laurel Glen and Magnolia Tree Parks playgrounds has been completed and is ready for acceptance and filing of the Notice of Completion. Recommendation: That the City Council: 1. Adopt Resolution No. 10-108 accepting the Park Playground Renovations (CIP No. 20064); and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 10-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE PARK PLAYGROUND RENOVATIONS AT LAUREL GLEN PARK AND MAGNOLIA TREE PARK (CIP NO. 20064) 7. APPROVE CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL SUPPORT SERVICES FOR TUSTIN LEGACY Approval is requested of a Consultant Services Agreement to provide for environmental support services for completion and coordination of certain environmental assessment efforts at Tustin Legacy as they may affect infrastructure projects at Tustin Legacy. Recommendation: That the Redevelopment Agency: City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Meeting Agenda Page 5 of 8 1. Approve a Consultant Services Agreement (CSA) with Pacific States Environmental Contractors, Inc. for the provision of environmental support services for Tustin Legacy, subject to any non-substantive modifications as may be determined necessary as recommended by the City Attorney and authorize the Executive Director and/or Assistant City Manager to execute the document on behalf of the Agency; and 2. Appropriate $10,000 from unappropriated funds in the MCAS Tustin Redevelopment Fund (555). REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 8 through 10) 8. CANCELLATION OF DECEMBER 21, 2010 CITY COUNCIL MEETING Staff recommends that the December 21, 2010 Joint City Council and Redevelopment Agency meeting be cancelled due to lack of quorum. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Joint Council and Redevelopment meeting of December 21, 2010 and that the City Council hereby waives notice of said meeting as required by Government Code Section §54954. 9. ORDINANCE NOS. 1386 AND 1387: ORDINANCES OF THE CITY OF TUSTIN ADOPTING BY REFERENCE VARIOUS BUILDING AND CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES AND RESOLUTION NOS. 10-105 AND 10-106 SETTING FORTH ASSOCIATED LOCAL CONDITIONS AND FINDINGS Effective January 2011, state law requires the California Building Standards Code to apply in all cities within California. However, the State of California's Health and Safety Code permits local governments to adopt the most recent editions of the model codes related to building construction activities with amendments based upon local climactic, geological or topographical conditions that exist within their communities. The building and construction codes include: California Building Code California Residential Code California Green Building Standards Code California Existing Building Code California Historical Building Code California Plumbing Code California Mechanical Code California Electrical Code City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Meeting Agenda Page 6 of 8 California Fire Code The International Property Maintenance Code Uniform Housing Code Uniform Code for the Abatement of Dangerous Buildings City Council approval of Ordinance Nos. 1386 and 1387 would adopt the most recent editions of the State building and construction codes with applicable amendments affecting future construction within the City of Tustin as required by State law. Recommendation: That the Council: 1. Adopt Resolution 10-105, a resolution of the City Council of the City of Tustin, California, setting forth findings with respect to local conditions within the City of Tustin which make certain modifications and changes to the California Building, Residential, Green Building Standards, Existing Building, Historical Building, Plumbing, Mechanical, and Electrical Codes as amended by the State of California, the International Property Maintenance Code, the Uniform Housing Code, and the Uniform Code for the Abatement of Dangerous Buildings (Attachment 1); and, 2. Adopt Resolution 10-106, a resolution of the City Council of the City of Tustin, California, setting forth findings with respect to local conditions within the City of Tustin which make certain modifications and changes to the California Fire Code as amended by the State of California (Attachment 2); and, 3. Introduce and have first reading of Ordinance No. 1386 (Attachment 3) and Ordinance No. 1387 (Attachment 4) and set for second reading at the Council's December 7, 2010 meeting. RESOLUTION NO. 10-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA PLUMBING CODE, AND THE CALIFORNIA ELECTRICAL CODE AS AMENDED BY THE STATE OF CALIFORNIA RESOLUTION NO. 10-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA, SETTING FORTH FINDINGS FOR REQUIRED AMENDMENTS TO THE 2010 CALIFORNIA FIRE CODE RELATIVE TO LOCAL CLIMATIC, TOPOGRAPHIC AND GEOLOGIC CONDITIONS ORDINANCE NO. 1386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Meeting Agenda Page 7 of 8 TUSTIN CITY CODE TO ADOPT THE 2010 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO ORDINANCE NO. 1387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF CHAPTER 1 OF ARTICLE 5 OF THE TUSTIN CITY CODE TO ADOPT THE 2010 CALIFORNIA FIRE CODE AS AMENDED THERETO 10. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS – City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting is scheduled for Tuesday, December 7, 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/Tustin November 16, 2010 Public Financing Authority Meeting Agenda Page 8 of 8