HomeMy WebLinkAboutCC Minutes 2010-11-16MINUTES
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:
A. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] -Two Cases
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 1 of 12
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
action.
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 2 of 12
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
Paul Albarian
Pam Gooderham
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 3 of 12
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 Surtas 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
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.
Arnold Surfas, property owner
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 4 of 12
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 OF TUSTIN, CALIFORNIA, APPROVING THE FOURTH
FIVE-YEAR IMPLEMENTATION PLAN FOR THE TOWN
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 5 of 12
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 TemNice 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.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Davert to approve the 2011 Local Appointments List for the
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 6 of 12
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:
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.
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.
Motion carried 5-0.
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 7 of 12
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
recent editions of the State building and construction codes with applicable
amendments affecting future construction within the City of Tustin as required
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 8 of 12
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
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 9 of 12
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
Councilmember Palmer
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 10 of 12
• 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 12
P MELA STOKER,
City Clerk
City Council/Redevelopment Agency/Tustin November 16, 2010
Public Financing Authority Minutes Page 12 of 12