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Home My WebLink About04 MINUTES 11-16-10Agenda Item 4 Reviewed: City Manager Finance Director NIA MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY NOVEMBER 16, 2010 CALL TO ORDER -Meeting #2251 at 5:30 p.m. ATTENDANCE Present: Mayor/Chair/Chairperson Jerry Amante, Mayor Pro Tem/Chair Pro Tem/Vice Chairperson John Nielsen, and Councilmembers/Agencymembers/Directors Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David C. Biggs, City Manager, and Doug Holland, City Attorney PUBLIC INPUT -None. ANNOUNCEMENT AND COUNCIL VOTE IN OPEN SESSION TO ADD ITEM TO AGENDA FOR DISCUSSION IN CLOSED SESSION AS FOLLOWS: City Attorney Doug Holland requested that the following item be added to the Closed Session agenda. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to add the following item to the Closed Session agenda. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -One Case • Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court Motion carried 5-0. 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: City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 1 of 11 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 RECESSED at 5:31 p.m. RECONVENED at 7:00 p.m. JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING 7:00 P.M. ~¢ ~~ CALL TO ORDER -Meeting #2251 at 7:00 p.m. INVOCATION -Mayor Amante PLEDGE OF ALLEGIANCE - Councilmember Palmer NATIONAL ANTHEM -Zoe Martinez, Jr. Miss Tustin Tiller 2011 ROLL CALL -City Clerk Present: Mayor/Chair/Chairperson Jerry Amante, Mayor Pro Tem/Chair Pro Tem/Vice Chairperson John Nielsen, and Councilmembers/ Agencymembers/Directors Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: David C. Biggs, City Manager; and Doug Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland The City Council met in Closed Session and denied four claims; otherwise, no reportable City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 2 of 11 action. PRESENTATIONS • Zoe Martinez, Jr. Miss Tustin Tiller 2011 • Max Martinez, Tiny Mr. Tustin Tiller 2011 • Kay Kearney, Tustin Community Foundation, spoke regarding 2010 grants • Supervisor Bill Campbell congratulated Councilmembers Doug Davert and Jim Palmer on service to the community and presented proclamations to each • Certificates were presented to Councilmembers Doug Davert and Jim Palmer from: o Senator Mimi Walters o Assemblyman Chuck DeVore o Assemblyman Jeff Miller o Congressman John Campbell • Mayor Amante presented service acknowledgment for Councilmembers Doug Davert and Jim Palmer from the City of Tustin Councilmember Davert thanked Supervisor Campbell and representatives from Tustin's legislators and stated he enjoyed working with them during his terms Councilmember Palmer seconded thoughts Motion: It was moved by Councilmember Palmer and seconded by Mayor Pro Tem Nielsen to delay public comments over 45 minutes until the end of meeting Motion carried 4-1 (Councilmember Gavello dissenting) ORAL COMMUNICATION/PUBLIC INPUT - Tracy Worley Hagen Randy Rock Maralys Wills Jeff Redd read letter on behalf of Brad Hagen Sherri Loveland Charles Horvath Stanley Martin Jay Matchett Kelly Reid Charles Cha Robbin Burton Brandon Leventhal Linda Levine David Waldram Anne Huber City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 3 of 11 Paul Albarian Pam Gooderham Erin Moore Recessed at 8:08 p.m. Reconvened at 8:24 p.m. PUBLIC HEARING ITEMS 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 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. 1 St 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 A presentation was given by Community Development Director Elizabeth Binsack The public hearing opened at 8:25 p.m. A presentation was given by Community Development Director Elizabeth Binsack. City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 4 of 11 Arnold Surfas, property owner Frank Keenan, 274 S. Prospect The public hearing closed at 8:36 p.m. Motion: It was moved by Councilmember Davert and seconded by Mayor Amante for the City Council to approve Resolution No. 10-107 denying Use Determination 10-003 permitting hydroponics and indoor gardening supply store use in any commercial districts and refer back to the Planning Commission to review where this type of use might be permitted Motion carried 5-0. 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. 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. A presentation was given by Assistant City Manager Christine Shingleton. The public hearing opened at 9:02 p.m. The public hearing closed at 9:02 p.m. with no comments Motion: It was moved by Councilmember/Agencymember Davert and seconded by Councilmember/Agencymember Palmer for the Redevelopment Agency Agency to 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 for the City Council to 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. Motion carried 5-0. RDA RESOLUTION NO. 10-13 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 5 of 11 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 3-7 It was moved by Councilmember/Agencymember/Director Davert and seconded by Mayor Pro Tem/Chair Pro Tem/Vice Chairperson Nielsen to pull consent calendar items 3, 5, and 7 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 5-0. 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 Motion: It was moved by Councilmember/Agencymember/Director Davert and seconded by Mayor Pro Tem/Chair Pro Tem/Vice Chairperson Nielsen to 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 held on November 2, 2010. Motion carried 5-0. 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 31St 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. City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 6 of 11 Motion: It was moved by Councilmember Gavello and seconded by Councilmember Davert to approve the 2011 Local Appointments List for the Planning, Community Services, and Audit Commissions and post notice as required by law and to agendize at a future meeting to review criteria for commissioners. Motion carried 5-0. 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: 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. Motion: It was moved by Agencymember Gavello and seconded by Agencymember Davert that the Redevelopment Agency 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 to appropriate $10,000 from unappropriated funds in the MCAS Tustin Redevelopment Fund (555) to include balance of funds. City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 7 of 11 Motion carried 5-0. REGULAR BUSINESS ITEMS 8-10 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. Motion: It was moved by Councilmember Davert and seconded by Councilmember Palmer to 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. Motion carried 5-0. RECESSED at 9:37 p.m. RECONVENED at 9:44 p.m. 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 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 City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 8 of 11 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. A presentation was given by Community Development Director Elizabeth Binsack. Public comment: None Motion: It was moved by Councilmember Davert and seconded by Councilmember Gavello to: 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. Motion carried 4-1 (Councilmember Palmer dissenting) 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 City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 9 of 11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE 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 Mayor Amante discussed the $25 billion state budget deficit and recommended the City look at reserves, expenses, and strategic planning. OTHER BUSINESS/COMMITTEE REPORTS City Manager • Reminded that offices will be closed Thursday and Friday in recognition of Thanksgiving holiday Councilmember Gavello • Shared that Hanukkah starts December 1 and wished all a happy Hanukkah and Thanksgiving • Extended best wishes to Councilmember Palmer and Councilmember Davert • Heard Dianne Feinstein speak • Invited public to swearing in of new council members Councilmember Davert • Wished a happy birthday to Councilmember Amante • Reported on Orange County Fire Authority and labor contracts • Shared that OCTA and Supervisor Campbell hosting Leadership Forum for third district at Tustin golf course • Invited all to Mayor's Thanksgiving Breakfast on Thursday, November 18 • Reported that last Thursday night Mayor Amante was reelected to third term for OCTA • Congratulated AI Murray and Beckie Gomez for being elected • Volunteered at Dinosaur Dash which was a huge success • Attended Magnolia Tree Park re-opening • Will be ending of 13 years at City Hall in Planning Commission for 5 years and 8 years in City Council • Thanked Tustin's wonderful citizens, staff, the police department and firefighters • Thanked his wife and children • Thanked AI Murray and Beckie Gomez for stepping up to run for Council City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Minutes Page 10 of 11 Councilmember Palmer • Thanked Councilmember Davert for his service • Stated Council has done incredible work on transparency; decision of new City Manager; wished him well • Thanked all for support Mayor Pro Tem Nielsen • Gave report on Southern California Association of Governments; Community Economic and Human Development Committee; Joint Committee; and Regional Council • Attended Veteran's Day luncheon at Senior Center and thanked them for their hospitality; requested staff look into permanent memorial • Attended Chamber breakfast featuring David Biggs • Celebrated 100th anniversary of scouting • Attended Magnolia Tree Park re-dedication • Appreciated comments tonight; stated the election is over and time to put away partisan issues and come together • Congratulated new councilmembers • Requested apology from Councilmember Gavello for accusing three of the councilmembers of breaking state law • Thanked councilmembers Davert and Councilmember Palmer for their service to the community; Councilmember Palmer for shrinking government and transparency and found his guiding principles inspirational; Councilmember Davert for charting the way for future councilmembers in regional leadership Mayor Amante • Thankful to mayors of third district for returning him to serve on OCTA board; • Reminded of third district leadership breakfast at Tustin Ranch Golf Club; • Reminded all of Tustin Community Foundation breakfast at Salvation Army • Thanked citizens for input • Agreed with Mayor Pro Tem Nielsen's remarks regarding Councilmember Gavello's accusations and reminded it is a 2-way street; council members must be civil to employees and neighbors and shop-keepers • Joins fellow councilmembers in congratulating AI Murray and Beckie Gomez McKeon • Shared that it is the Thanksgiving season and we have much to be thankful for • Thankful for new City Manager • Thankful for service of councilmembers Davert and Palmer • Thanked community for activity and participation ADJOURNED at 10:34 p.m. -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 Minutes Page 11 of 11