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HomeMy WebLinkAbout08 CC Agendas 11/16 and 12/7/10ITEM #8 C~~~Y O~ '~ Report to the ~''~,~:~~~~~ Planning ~ornrnissior~ DATE: DECEMBER 14, 2010 SUBJECT: CITY COUNCIL ACTION AGENDAS NOVEMBER 16 AND DECEMBER 7, 2010 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDAS NOVEMBER 16 AND DECEMBER 7, 2010 DRAFT ACTION AGENDA 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 Chairman 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 to discuss possible settlement. 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 City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 1 of 11 [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 action. City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 2 of 11 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 Councilman Palmer seconded thoughts Motion: It was moved by Councilman 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 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 behalf of Brad Hagen City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 3 of 11 Erin Moore Recessed at 8:08 p.m. Reconvened at 8:24 p.m. PUBLIC HEARING ITEMS 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 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 145 W. 1St Street Tustin, CA 92780 Applicant: Nic Seid 1001 Starbuck Street, B102 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. Community Development Director Elizabeth Binsack gave a presentation. Arnold Surfas, property owner, spoke in support of the project City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 4 of 11 Frank Keenan, 274 S. Prospect, spoke against the project 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 with no comments Motion: It was moved by Councilmember Davert and seconded by Councilmember 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 CENTER AND SOUTH CENTRAL REDEVELOPMENT PROJECT AREAS. City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 5 of 11 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 Chairman 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 Chairman 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 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. City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 6 of 11 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 REGULAR BUSINESS ITEMS 8-10 8. CANCELLATION OF DECEMBER 21, 2010 CITY COUNCIL MEETING City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 7 of 11 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 Cade 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 by State law. Community Development Director Elizabeth Binsack gave a presentation City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 8 of 11 Public comment: None Motion: It was moved by Councilmember Davert and seconded by Councilmember Gavello to: 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. Motion carried 4-1 (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 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 City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 9 of 11 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 • Thanked Councilman Davert for his service • Council has done incredible work on transparency; decision of new CM; wished him wel I • Thanked all for support City Council/Redevelopment Agency/Tustin November 16, 2010 Public Financing Authority Action Agenda Page 10 of 11 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 100t" anniversary of scouting • Attended Magnolia Tree Park re-dedication • Appreciated comments tonight; the election is over and time to put away partisan issues and come together • Congratulated new council members • Requested apology from Councilmember Gavello for accusing three of the council members of breaking state law • Thanked Councilmembers Davert and 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 council members 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; knows it's political and organized but when reaches when heartfelt • 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 & 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 Action Agenda Page 11 of 11 ACTION AGENDA OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY DECEMBER 7, 2010 CALL TO ORDER -Meeting #2252 at 7:00 p.m. PRESENT COLORS AND PLEDGE OF ALLEGIANCE -Explorer Honor Guard INVOCATION AND MENORAH LIGHTING -Councilmember Gavello and Brandon Levanthal 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: Pamela Stoker, City Clerk Others Present: David C. Biggs, City Manager, and Doug Holland, City Attorney EMERGENCY ITEM ADDED: Appointment of OCFA Director Motion: It was moved by Councilmember Davert and seconded by Councilmember Palmer to add item #20 to the agenda: Appointment of Orange County Fire Authority Director Motion carried 5-0 1. DECLARING RESULTS OF NOVEMBER 2, 2010 GENERAL MUNICIPAL ELECTION On November 2, 2010, the City's General Municipal Election was held to elect two Members of the City Council and to cast ballots regarding Measure X (Shall the office of the City Clerk be appointive?). The Orange County Registrar of Voters has certified the results of that election. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to adopt Resolution No. 10-114 declaring the results and other such matters as provided by law for the November 2, 2010 General Municipal Election. Motion carried 5-0 City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 1 of 12 RESOLUTION NO. 10-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, AND OTHER SUCH MATTERS AS PROVIDED BY LAW 2011-2014 CITY COUNCIL • Oath of Office administered to AI Murray by City of Irvine Chief of Police David L. Maggard • Oath of Office administered to Rebecca "Beckie" Gomez McKeon by City Clerk Pamela Stoker; Former Mayor Tracy Worley Hagen in attendance 2. MAYOR AND MAYOR PRO TEM SELECTION Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to nominate Jerry Amante as Mayor and close the nomination for position. Motion carried 4-1 (Councilmember Gavello dissenting) Mayor Amante presided over the meeting. Motion: It was moved by Mayor Amante and seconded by Councilmember Murray to elect John Nielsen as Mayor Pro Tem. Motion: It was moved by Councilmember Gomez and seconded by Councilmember Gavello to nominate Councilmember Gavello as Mayor Pro Tem. Motion to nominate John Nielsen as Mayor Pro Tem carried 3-2 (Councilmembers Gavello and Gomez dissenting) PUBLIC INPUT -None PUBLIC HEARING ITEM 3. PUBLIC HEARING TO CONSIDER ISSUANCE BY CALIFORNIA MUNICIPAL FINANCING AUTHORITY OF CONDUIT FINANCING FOR RED HILL LUTHERAN CHURCH WITHIN THE CITY OF TUSTIN A presentation was given by Assistant City Manager Christine Shingleton A public hearing under the Tax and Equity Fiscal Responsibility Act ("TEFRA") City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 2 of 12 has been noticed to consider a request by the California Municipal Finance Authority ("CMFA"), a joint exercise of powers authority and public entity of the State of California, to issue one or more series of refunding revenue bonds in an amount not to exceed $6,000,000, (the "Bonds" or "Loan Transaction"), for the purpose of refinancing the acquisition, renovation, improvement and equipping of educational facilities (the "Project") located on Red Hill Lutheran Church at its campus at 13200 Red Hill Avenue, also identified as Assessor Parcel Nos. 103- 472-14, 103-472-11 and 103-472-21 (the "Properties"). In order to permit CMFA to provide such financing within the City of Tustin corporate boundaries, a resolution is provided for approval for the City to become a member of the CMFA and to approve of the issuance of the Bonds far the financing of the Project by the CMFA. The public hearing opened at 7:22 p.m. The public hearing closed at 7:23 p.m. with no comments Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray for the City Council to: 1. Adopt Resolution No.10-111 authorizing the City Manager or his designee thereof to execute the Joint Exercise of Powers Agreement with the California Municipal Financing Authority. 2. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the "Code"). 3. Adopt Resolution No. 10-110 approving the issuance of the Bonds and a Loan Transaction by the CMFA for the benefit of Red Hill Evangelical Lutheran Church of Tustin (the "Borrower"), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following), and authorizing the City Manager or his designee to execute any implementing documents or agreements as may be necessary Motion carried 5-0 RESOLUTION NO. 10-111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY RESOLUTION NO. 10-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE ISSUANCE OF BONDS, OR EXECUTION OF A LOAN TRANSACTION, BY THE CALIFORNIA MUNICIPAL FINANCE City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 3 of 12 AUTHORITY FOR THE BENEFIT OF RED HILL EVANGELICAL LUTHERAN CHURCH OF TUSTIN IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,000,000 FOR THE PURPOSE OF REFINANCING THE ACQUISITION, RENOVATION, IMPROVEMENT AND EQUIPPING OF EDUCATIONAL FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO CONSENT CALENDAR ITEMS (4-15) It was moved by Councilmember Gavello and seconded by Mayor Pro Tem Neilsen to pull consent calendar items 12 and 13 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 5-0 4. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY HELD ON NOVEMBER 16, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council, Redevelopment Agency, and Tustin Public Financing Authority held on November 16, 2010. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,089,986.12 and Payroll in the amounts of $695,946.46 and $730,695.90. 6. APPROVE LOCAL SIGNAL SYNCHRONIZATION PLAN AND ADOPT RESOLUTION NO. 10-104 In order to maintain eligibility for funding under the Orange County Measure M2 Program the City of Tustin must adopt a Local Signal Synchronization Plan (LSSP) by December 31, 2010. The attached LSSP has been prepared in conformance with the Orange County Transportation Authority's Regional Traffic Signal Synchronization Master Plan. Recommendation: That the City Council approve the Local Signal Synchronization Plan and adopt Resolution No. 10-104. RESOLUTION NO. 10-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONCERNING THE ADOPTION OF A LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE CITY OF TUSTIN 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR ROADWAY REHABILITATION AND SIDEWALK REPAIR FOR THE ANNUAL ROADWAY AND PUBLIC City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 4 of 12 INFRASTRUCTURE MAINTENANCE PROGRAM CIP NO. 70001 The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair for the Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001 have been prepared and the project is now ready to be bid. Recommendation: That the City Council adopt Resolution No. 10-109 approving the plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair for the Annual Roadway and Public Infrastructure Maintenance Program CIP No. 70001 and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 10-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70001, AND AUTHORIZING ADVERTISEMENT FOR BIDS $. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TUSTIN RANCH ROAD REHABILITATION PROJECT CIP NO. 70195 The plans and specifications for the Tustin Ranch Road Rehabilitation Project CIP No. 70195 have been prepared and the project is now ready to be bid. Recommendation: That the City Council adopt Resolution No. 10-101 approving the plans and specifications for the Tustin Ranch Road Rehabilitation Project CIP No. 70195 and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 10-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN RANCH ROAD REHABILITATION PROJECT BETWEEN BRYAN AVENUE AND JAMBOREE ROAD CIP NO. 70195, AND AUTHORIZING ADVERTISEMENT FOR BIDS 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION FOR THE RED HILL AVENUE PARKING BAY AT PINE TREE PARK CIP NO. 20063 AND SAN JUAN STREET SIDEWALK IMPROVEMENTS CIP NO. 70198 Construction of the Red Hill Avenue Parking Bay at Pine Tree Park CIP No. 20063 and the San Juan Street Sidewalk Improvements CIP No. 70198 have been completed to the satisfaction of the City Engineer and are now ready for City Council acceptance. Recommendation: That the City Council take the following actions: City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 5 of 12 1. Adopt Resolution No. 10-112 accepting the construction of the Red Hill Avenue Parking Bay at Pine Tree Park CIP No. 20063 and the San Juan Street Sidewalk Improvements CIP No. 70198; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 10-112 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 RED HILL AVENUE PARKING BAY AT PINE TREE PARK CIP NO. 20063 AND THE SAN JUAN STREET SIDEWALK IMPROVEMENTS CIP NO. 70198 10. APPROVE AN AGREEMENT WITH THE COUNTY OF ORANGE FOR EMERGENCY MEDICAL SUPPLY AND MEDICATION POINT OF DISPENSING SITE PLANNING SERVICES The Orange County Health Care Agency is providing technical assistance and funding to cities to develop local operations plans for medical Point of Dispensing locations throughout the County in the event of an emergency or disaster. Staff is requesting City Council approval of an Agreement to authorize City participation in this program. Recommendation: Approve an Agreement with the County of Orange Health Care Agency to provide Point of Dispensing planning services to the City and authorize the Mayor and City Clerk to execute the Agreement. 11. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer usable or required for public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 12. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Motion: It was moved by Councilmember Gavello and seconded by City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 6 of 12 Councilmember Murray to receive and file. Motion carried 5-0 13. AGREEMENT WITH SO CAL SANDBAGS, INC TO PROVIDE PROPERTY MANAGEMENT/CARETAKER SERVICES ON A PORTION OF TUSTIN LEGACY Approval is requested of a Consultant Services Agreement for Property Management/Caretaker Services at Tustin Legacy. Motion: It was moved by Agencymember Nielsen and seconded by Agencymember Gomez that the Redevelopment Agency ("Agency"): Approve a Property Management/Caretaker Consultant Services Agreement between So Cal Sandbags, Inc. and the Agency for the provision of properly management/caretaker services on portions of property at Tustin Legacy, subject to any non-substantive modifications as may be determined necessary as recommended by the City Attorney and authorize the City Manager and/or Assistant City Manager to execute the document. 2. In the event that the City Service Area needs to be reduced as a result of construction or property transfers during the term of the Consultant Services Agreement, the City Manager and/or Assistant City Manager are authorized to execute any Amendments to the Consultant Services Agreement as may be necessary to reduce any incurred costs to the Agency Motion carried 5-0 14. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the first and second quarters of 2010. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the first and second 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: That the City Council receive and file this report. 15. RECORDS DESTRUCTION The Community Development Department has enlisted the services of ECS Imaging, Inc., a professional digital scanning service, to digitally scan planning project files. Staff performed quality control on the scanned files listed in Exhibit A and stored the files in the City's Laserfiche archive. The Community City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 7 of 12 Development Department requests permission to destroy the paper copies of these files. The Community Development Department also requests permission to destroy the records listed in Exhibit A that are more than two (2) years old. Recommendation: Adopt Resolution No. 10-113, authorizing the scanning and electronic storage of project planning files and the destruction of paper copies listed on Exhibit A. RESOLUTION NO. 10-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND PAPERS IN THE POSSESSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF TUSTIN, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE. REGULAR BUSINESS ITEMS (16-19) 16. NOTICE OF DEFAULT- AFFORDABLE HOME LOCATED AT 370 FLYERS LAN E A presentation was given by Assistant City Manager Christine Shingleton City Council direction is requested in order to cure a homeowner default under the City's Affordable Housing Program at Tustin Legacy. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gavello that the City Council: At the City Council's pleasure, authorize the City Attorney to pursue the City's exercise of its right of redemption and/or option to purchase the unit at 370 Flyers Lane, prior to expiration of the statutory default period (January 5, 2011) or any foreclosure sale of the subject property (on or about January 25, 2010), and also authorize the City Manager or Assistant City Manager to execute any required documents, as may be necessary, to implement such action as recommended by the City Attorney. 2. Appropriate up to $145,000 from the MCAS Tustin un-appropriated Low and Moderate Income Housing Fund, as may be necessary, to exercise either the amount of any Option Purchase Price required under the Affordable Housing Covenant, Affordable Housing Option Agreement, or to exercise the City's right of redemption under the Reimbursement Agreement based on any direction from the City Council and the homeowner's response to the lender's Notice of Default and Election to City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 8 of 12 Sell under the Deed of Trust. Motion carried 5-0 17. 2009-2010 ANNUAL REPORT Redevelopment Law requires that the Redevelopment Agency submit to the legislative body an annual report for the preceding fiscal year. A presentation was given by Assistant City Manager Christine Shingleton Motion: It was moved by Councilmember/Agencymember Gavello and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen that the Redevelopment Agency receive and file its Annual Report for Fiscal Year ("FY") 2009-2010 and transmit such report to the Tustin City Council and that the City Council: 1. Receive and file the Redevelopment Agency's Annual Report for FY 2009-2010. 2. Direct that a copy of the Redevelopment Agency's Annual Report for FY 2009-2010 and all other required reporting documents and forms be executed in final form and filed with the City of Tustin, the State Controller and State Department of Housing and Community Development. Motion carried 5-0 18. SECOND READING AND ADOPTION OF ORDINANCE NOS. 1386 AND 1387: ORDINANCES OF THE CITY OF TUSTIN ADOPTING BY REFERENCE VARIOUS BUILDING AND CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES 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/Redevelopment Agency December 7, 2010 Action Agenda Page 9 of 12 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. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray that the City Council have second reading by title only and adopt Ordinance Nos. 1386 and 1387 adopting 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 (roll call vote). Motion carried 5-0 ORDINANCE NO. 1386 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. 19. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. Requested update of Legislative Monitoring Report. 20. APPOINTMENT OF ORANGE COUNTY FIRE AUTHORITY DIRECTOR Motion: It was moved by Councilmember Gomez and seconded by Councilmember Murray to approve the following appointments: A enc Orange County Fire Authority Member/Alternate Nielsen/Murray Motion carried 5-0 OTHER BUSINESS/COMMITTEE REPORTS City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 10 of 12 City Manager • Invited all to Christmas Tree Lighting Friday from 6:00-8:00 p.m. • December 21 meeting cancelled; next meeting will be January 4, 2011 Councilmember Gavello • Happy Hanukah and Merry Christmas • Congratulated AI Murray and Rebecca "Beckie" Gomez • Ran Dino Dash 5K • Attended Wilcox Manor 130 year anniversary • Sponsored speaker at Tustin High School, former Fullerton police chief McKinley, who spoke on safety and empowerment to women, title of program was "She Bear" Councilmember Murray • Thanked Doug Davert and Jim Palmer for dedication and public service • Attended the Tustin Community Foundation Thanksgiving breakfast • Enderle Center had their Santa Claus event • Attended the Tustin Family & Youth Center-Police Department distribution of Thanksgiving dinners to members of the community • Thanked Jim Palmer; daughter, Lily, and he served food at Orange County Rescue Mission • Congratulated Chief Scot Jordan & Police Department, for obtaining the Orange County Gang Unit award for 2010 • Thanked all for support; thanked God for blessings and prayed for guidance • Thanked mom and dad • Thanked wife, Tami, and children for all of their patience • Thanked Donna Peery for help as running mate • Congratulated Councilmember Gomez; and looks forward to working with her • Thanked voters--goal will be to represent them to the best of his ability Councilmember Gomez • Congratulated Tustin MUN on a great conference • Attended the Mayor's Thanksgiving breakfast, which was a very well attended event • Congratulated Tustin High School for CIF championship game coming up, as well as Beckman High School football team • Thanked Doug Davert and Jim Palmer for service • Thanked family and soccer team mates that helped during her campaign • Thanked husband, appreciates all his support Mayor Pro Tem Nielsen • Attended Orange County Council Of Government environmental cleanup presentation • Orange County Fire Authority, will give report out in January • Mayor's prayer breakfast with Captain Dave Kerry • Congratulated Michael Demeransen and Lindberg McPhersen of Wilcox Manor for its 130t" anniversary • Attended and made presentations to the AYSO youth soccer teams, congratulated City Council/Redevelopment Agency December 7, 2010 Action Agenda Page 11 of 12 all of the participants • Go Tillers! and Go Patriots! • Thanked wife for 25 years of marriage • Congratulated AI Murray and Rebecca "Beckie" Gomez on election and looks forward to working with them • Congratulated outgoing councilmember Doug Davert and Jim Palmer Mayor Amante • Congratulated Erin Nielsen, Executive Director and the Tustin Community Foundation for their work on the Mayor's Thanksgiving breakfast and for making it happen; gave out tens of thousands of dollars in grants • Congratulated AYSO kids, and applauded the parents for the continuous support given to their children • Attended Harvest Moon Dinner by Boys & Girls Club; Sean Foster attended • Thanked all former mayors who attended this event • Congratulated Jim Palmer and Doug Davert for service; who cumulatively gave 17 years of their lives to the service of the Tustin community • Congratulated Rebecca "Beckie" Gomez and AI Murray ADJOURNMENT - at 8:00. The next regular meeting is scheduled for Tuesday, January 4, 2011 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 December 7, 2010 Action Agenda Page 12 of 12