The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 1-18-11 CITY OF TUSTIN JANUARY 18, 2011 JOINT REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL AND REDEVELOPMENT 300 CENTENNIAL WAY, TUSTIN AGENCY John Nielsen, Mayor Pro Tem David C. Biggs, City Manager Deborah Gavello, Councilmember Douglas Holland, City Attorney Rebecca “Beckie” Gomez, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Al Murray, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2254 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Govt. Code §54956.9(a)] – Two Cases ? Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court ? City of Tustin Vs. Tustin Imperial Homeowners Association, Case No. 30- 2009-00123674; Orange County Superior Court 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 AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2254 INVOCATION – Councilmember Murray PLEDGE OF ALLEGIANCE – Councilmember Gomez ROLL CALL – City Clerk CLOSED SESSION REPORT – Assistant City Attorney Eggart PRESENTATIONS ? Margaret Pashko, Southern California Gas Co. ? Kinship Center ? Big Brothers Big Sisters 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. 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 1 through 6) 1. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON JANUARY 4, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the City Council/Redevelopment Agency January 18, 2011 Meeting Agenda Page 2 of 6 Joint City Council and Redevelopment Agency held on January 4, 2011. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $ 2,288,399.93 and Payroll in the amount of $ 1,001,723.23. 3. FINAL TRACT MAP 17144 Final Tract Map (FTM) 17144 is a request to subdivide a 131-acre site into 12 numbered lots and 28 lettered lots for conveyance purposes only. Future development of the project site will be subject to approval of a Concept Plan and Design Review which will facilitate the development on the proposed lots consistent with the MCAS Tustin Specific Plan. On January 4, 2011, the City Council approved Tentative Tract Map 17144 by adopting Resolution No. 11-01. Recommendation: That the City Council adopt Resolution No. 11-03 approving FTM 17144, a subdivision of 131-acre site into 12 numbered lots and 28 lettered lots for conveyance purposes only. RESOLUTION NO. 11-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 17144 FOR CONVEYANCE PURPOSES ONLY TO SUBDIVIDE A 131- ACRE SITE INTO 12 NUMBERED LOTS AND 28 LETTERED LOTS LOCATED WITHIN PLANNING AREAS 9 THROUGH 12 OF THE MCAS TUSTIN SPECIFIC PLAN BOUNDED BY BARRANCA PARKWAY ON THE SOUTH, RED HILL AVENUE ON THE WEST, WARNER AVENUE ON THE NORTH, AND ARMSTRONG AVENUE ON THE EAST. 4. STATUS REPORT ON THE CITY OF TUSTIN'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM The 1972 Clean Water Act and the 1987 amendments, established requirements for stormwater discharges under the National Pollution Discharge Elimination System (NPDES) permit program. The NPDES permit mandates stormwater management programs to address the challenges of preventing stormwater pollution. Under this permit, the City is held accountable for the water quality in our storm drains, flood channels and ultimately, the Newport Back Bay. The permit sets out strict requirements for stormwater pollution prevention, particularly in the areas of construction and development. It also addresses pollutant sources from commercial activities and makes the City responsible for implementing preventative measures including street sweeping, public storm drains and catch basin maintenance, and terminating any illicit discharges that enter our receiving waters. Recommendation: Receive and file as information item. City Council/Redevelopment Agency January 18, 2011 Meeting Agenda Page 3 of 6 5. APPROVE COOPERATIVE AGREEMENT WITH THE IRVINE RANCH WATER DISTRICT FOR THE WELLS 21 AND 22 DESALTER PROJECT Staff recommends that the City of Tustin enter into a Cooperative Agreement with the Irvine Ranch Water District (IRWD) for the Wells 21 and 22 Desalter Project. The purpose of this agreement is to establish a framework and methodology to quantify and mitigate the groundwater production impacts on the City of Tustin facilities associated with increased production from Wells 21 and 22. Recommendation: That City Council approve a cooperative agreement with the Irvine Ranch Water District for the Wells 21 and 22 Desalter Project, in a form substantially consistent with the attached and subject to approval by the City Attorney. 6. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: It is recommended that the Redevelopment Agency receive and file. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 7 through 10) 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1390: RE SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS On November 7, 2006, California voters approved proposition 83, commonly referenced as "Jessica's Law." The initiative addressed a variety of topics related to registered sex offenders, and included a prohibition of sex offender residency within two thousand (2,000) feet of a park or school, and an express statement that cities have the power to adopt local ordinances that further restrict sex offender residency. The proposed ordinance would reflect the City's adoption of additional restrictions limiting sex offender residency, including hotel occupancy, and a prohibition of loitering in identified child safety zones. Recommendation: Have second reading by title only and adoption of Ordinance No. 1390 (roll call vote). ORDINANCE NO. 1390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING TUSTIN CITY CODE ARTICLE5, CHAPTER City Council/Redevelopment Agency January 18, 2011 Meeting Agenda Page 4 of 6 12 RE SEX OFFENDER RESIDENCY AND LOITERTING RESTRICTIONS 8. 2010 CALIFORNIA FIRE CODE AMENDMENTS - FIRE SPRINKLER REQUIREMENT FOR RESIDENTIAL ALTERATIONS OR ADDITIONS The 2010 Fire Code adopted by the State of California requires fire sprinklers within all new buildings (including single family homes) but does not include a requirement for sprinkler retrofit when additions are made to unsprinklered single family homes. The City Council adopted Ordinances No. 1386 and No. 1387 on December 14, 2010 which included several amendments to the California Building and Fire Code as recommended by the Orange County Fire Authority (OCFA.) OCFA is requesting additional amendments to the Tustin City Code (related to Building and Fire Codes) (Amendment 1) to require that the entire homes be retrofitted with fire sprinkler systems when additions are made beyond certain thresholds. These thresholds are: OCFA Option 1: area of the house exceeds 1,000 square feet and the addition exceeds 33 percent OCFA Option 2: area of the house exceeds 3,600 square feet and the addition exceeds 33 percent OCFA staff has stated that the proposed requirement for fire sprinkler system retrofit would save lives and is warranted due to the special climactic conditions typical of Orange County and that local circulation patterns can be significantly disrupted during emergency situations. An OCFA staff representative will be making a presentation to the City Council. Recommendation: That the Council consider the following options: ? No additional amendments beyond what is required by State Law ? OCFA Option 1: area of the house exceeds 1,000 square feet and the addition exceeds 33 percent ? OCFA Option 2: area of the house exceeds 3,600 square feet and the addition exceeds 33 percent 9. SET INTERVIEW DATE FOR COMMISSION SEATS: PLANNING COMMISSION, COMMUNITY SERVICES COMMISSION AND AUDIT COMMISSION Due to term expirations, staff is requesting that the City Council set a date and time to conduct interviews to fill vacancies on the Planning Commission, Community Services Commission, and the Audit Commission. Recommendation: Pleasure of the City Council. 10. LEGISLATIVE REPORT City Council/Redevelopment Agency January 18, 2011 Meeting Agenda Page 5 of 6 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, February 1, 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. Adjourn in Memory of Elva Morrow City Council/Redevelopment Agency January 18, 2011 Meeting Agenda Page 6 of 6