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Home My WebLink About02 CC MINUTES 01-18-11Agenda Item 2 Reviewed: City Manager Finance Director NIA MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY JANUARY 18, 2011 CALL TO ORDER -Meeting #2254 ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Deborah Gavello, Rebecca "Beckie" Gomez and AI Murray Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David C. Biggs, City Manager, and James Eggart, Assistant City Attorney PUBLIC INPUT -None. 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 City Council/Redevelopment Agency January 18, 2011 Minutes Page 1 of 7 RECESSED at 5:36 p.m. RECONVENED at 7:00 p.m. JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2254 at 7:00 p.m. INVOCATION -Councilmember Murray PLEDGE OF ALLEGIANCE -Councilmember Gomez ROLL CALL -City Clerk Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Deborah Gavello, Rebecca "Beckie" Gomez and AI Murray Absent: None City Clerk: Pamela Stoker Others Present: David C. Biggs, City Manager, and James Eggart, Assistant City Attorney CLOSED SESSION REPORT -Assistant City Attorney Eggart No reportable action. PRESENTATIONS • Margaret Pashko, Southern California Gas Co. • Kinship Center -Allison Maxon gave an oral presentation • Big Brothers Big Sisters Orange County -Keith Rhodes, CEO, gave an oral presentation ORAL COMMUNICATION/PUBLIC INPUT - • Sarah Salazar, Miss Tustin, thanked Council and invited them to the March 5 Miss Tustin pageant beginning at 7:00 p.m. at Beckman Auditorium • Jennifer Coulson, Tustin Community Foundation, invited all to the Tustin Mayor's Inaugural Dinner on February 3 and shared accomplishments of the Foundation City Council/Redevelopment Agency January 18, 2011 Minutes Page 2 of 7 CONSENT CALENDAR ITEMS 1-6 It was moved by Mayor Pro Tem/Chair Pro Tem Nielsen and seconded by Councilmember/Agencymember Gavello to pull consent items 3 and 5 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 5-0 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 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. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to 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. Motion carried 4-1 (Councilmember Gavello dissenting) 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 City Council/Redevelopment Agency January 18, 2011 Minutes Page 3 of 7 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. 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. Paul Jones, IRWD, provided clarification to Councilmember Gavello Motion: It was moved by Councilmember Gavello and seconded by Councilmember Murray to 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. Motion carried 5-0 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 7-10 City Council/Redevelopment Agency January 18, 2011 Minutes Page 4 of 7 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. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gavello to continue the item to the February 15, 2011 meeting. Motion carried 5-0 ORDINANCE NO. 1390 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING TUSTIN CITY CODE ARTICLE5, CHAPTER 12 RE SEX OFFENDER RESIDENCY AND LOITERTING RESTRICTIONS 8 2010 CALIFORNIA FIRE CODE AMENDMENTS - FIRE SPRINKLER REQUIREMENT FOR RESIDENTIAL ALTERATIONS OR ADDITIONS Elizabeth Binsack, Community Development Director, gave a Power Point presentation Assistant Fire Marshall Brett Petroff made an oral presentation 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 addition 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 City Council/Redevelopment Agency January 18, 2011 Minutes Page 5 of 7 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. Motion: It was moved by Councilmember Gavelto and seconded by Mayor Pro Tem Nielsen to make no additional amendments beyond what is required by State Law. Motion carried 5-0 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. Motion: It was moved by Councilmember Murray and seconded by Mayor Pro Tem Nielsen to set Commissioner interviews for March 15, 2011 at 5:30 p.m. Motion carried 5-0 10. LEGISLATIVE REPORT City Manager David Biggs reported that on the February 1 agenda there will be an update on elements of the governor's budget including proposals to eliminate Redevelopment. OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council City Manager: • Thanked Tustin Lions Club for hosting him today at lunch as speaker Mayor Amante introduced Lori Cox from Bloomfield, Colorado, Councilmember and supervisor • Thanked Mayor Amante for warm welcome and shared remarks regarding her visit to Tustin Councilmember Gomez: • Attended January AAUW meeting regarding local politics with former mayors Ursula Kennedy and Tracy Worley Hagen • Congratulated Beckman band for participating in King Day parade • Thanked staff for meeting with her to discuss various departments • Heading to Sacramento tomorrow with Councilmember Murray for additional training City Council/Redevelopment Agency January 18, 2011 Minutes Page 6 of 7 Councilmember Gavello: • Wished all a happy new year; excited to be joined by new council members Councilmember Murray: • Attended Tustin Chamber breakfast • Reminded all of Citizen's Police Academy • Congratulated The District at Tustin Legacy for being awarded the 2010 CalRecycle Waste Reduction Award Mayor Pro Tem Nielsen: • Attended an emergency meeting of OCFA Board; discussed the transfer agreement from Doctor's Ambulance to American Medical Response Ambulance Service; closed session regarding labor negotiations • Attended the Tustin Chamber breakfast; gave presentation with Chief Jordan regarding sex offender restrictions ordinance • Invited all to the Tustin Mayor's Inaugural Dinner on February 3 Mayor Amante: • Congratulated Supervisor Pat Bates as new Chair of OCTA and Paul Glaab as Vice Chair • Attended, with Doug Stack, the first of two OCTA workshops for public policy makers regarding long-term transportation plan • Will be attending on January 26-27 Transportation Corridor Agency workshops with the San Onofre Coalition • Will attend a meeting on January 28 for Riverside/Orange County Authority regarding The 91 Freeway franchise extension • Will be judging Astounding Inventions at Irvine Valley College on January 29 • Invited all to ~ attend the February 3 Tustin Mayor's Inaugural Dinner, a great opportunity to contribute to a nonprofit organization ADJOURNED at 8:18 p.m. -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. Adjourned in Memory of Elva Morrow City Council/Redevelopment Agency January 18, 2011 Minutes Page 7 of 7