The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 3-1-11CITY OF TUSTIN MARCH 1, 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 #2257 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. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Tustin Police Management Association (TPMA) Employee Organization: Part-Time Unrepresented Employees Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employee Organization: Executive Management and Management B. PUBLIC EMPLOYMENT: [Govt. Code § 54957] – Two Cases ? Performance evaluation of the City Manager 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. ? Consideration of 60-day unpaid leave of absence for employee C. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] – Two Cases D. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] – Two Cases E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] – Three cases ? Property Address/Description: 28,000 square feet of building area on City property located at 15171 Del Amo, Tustin Agency: City of Tustin City/Agency Negotiators: Christine Shingleton, Assistant City Manager with support from Chuck Noble at Lee & Associates Commercial Real Estate Services, Inc. Negotiating Parties Doug Green with Beitler Commercial Realty Services, TCN representing National Office Liquidators Under Negotiation: Price and Terms of Payment ? Property Address/Description: A portion of Lot 31, Block 12 of Irvine Subdivision Plan No. 1 of the Ranchos Santiago of Santa Ana and San Joaquin, in the City of Tustin Agency: City of Tustin City/Agency Negotiators Christine Shingleton, Assistant City Manager, and Doug Stack, Director of Public Works Negotiating Parties: Christopher Georgious, President, Tustin Red Hill Center, LLC Under Negotiation Price and Terms of Payment ? Property Address/Description/ Pablo & Silvia Hinojosa (2351 Fig Tree Negotiating Parties Dr.); Carolyn Doyle (2361 Fig Tree Dr.); Angela Zhang & Erik Canche (2362 Fig Tree Dr.); Joseph Gehley (2361 Basswood Circle); Frank & Shawna Barilla (2362 Basswood Circle); Michael & Linda O’Neil (2361 Sable Tree Circle); Donald & Tammis Berkheimer (2362 Sable Tree Circle); John Caamano (2361 Ana Tree Place); Jack & Janice Dukes (2362 Ana Tree Place); Julie Fralick (2361 Caper Tree Dr.); Richard & Barbara Schroer (2371 Caper Tree Dr.); James & Marsha Lindsey (2372 Caper Tree Dr.); City Council/Redevelopment Agency March 1, 2011 Meeting Agenda Page 2 of 8 Patrick & Vicki Crabb (2371 Silk Tree Dr.); Patricia De La Pena (2381 Silk Tree Dr.); Shaun & Linda Rusmisel (2372 Silk Tree Dr.); Daniel & Lisa Bright (2381 Coco Palm Dr.); Marlene Eich (2391 Coco Palm Dr.); Daniel & Susan Ellis (2382 Coco Palm Dr.); Weidong Wang & Xinxin Qiao (2381 Apple Tree Dr.); DeShaun, Albert & Cheryl Foster (2391 Apple Tree Dr.); Keechul Miles & Joy Park (2392 Apple Tree Dr.) Agency: Redevelopment Agency City/Agency Negotiators: Ken Nishikawa and Doug Anderson Under Negotiation: Price and Terms of Payment JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER – Meeting #2257 INVOCATION – Councilmember Gomez PLEDGE OF ALLEGIANCE – Councilmember Murray ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney Douglas C. Holland PRESENTATIONS ? SOCAL Water Polo 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. City Council/Redevelopment Agency March 1, 2011 Meeting Agenda Page 3 of 8 PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Items 1 and 2) 1. APPEAL OF PLANNING COMMISSION DECISION - 520 PACIFIC STREET On September 16, 2010, it was determined that the structures/uses at 520 Pacific Street were inconsistent with the Zoning Code, substandard per the Building Code, and constituted a public nuisance. Specifically, two units and other structures had been added to a property originally developed with a single family residence/detached garage without complying with the City Code. On September 22, 2010, the property owner, Bret Fairbanks, appealed this determination to the Planning Commission. On December 14, 2010, the Planning Commission determined that the two rear units at 520 Pacific Street were considered legal nonconforming structures/uses and ordered compliance with minimum Building Code requirements. On December 23, 2010, Mayor Jerry Amante appealed the Commission's actions and called for clarification of nonconforming uses/structures. The hearing before the City Council is de novo. The recommended action would overturn the Commission's action that granted the status of nonconformity to structures at 520 Pacific Street. If the City Council desires to uphold or modify the Commission's decision, a revised resolution with supporting findings would be necessary. Recommendation: That the City Council adopt Resolution No.11-15 determining that "nonconforming structures/uses" as set forth in the Tustin City Code means that such structures/uses were: lawfully erected, established; have been lawfully and continuously maintained without significant alteration; and, based on said determination order the cessation of the two dwelling units/guest houses and the correction of code violations of structures/uses for conformance with Tustin City Code at 520 Pacific Street. RESOLUTION NO. 11-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING THAT "NONCONFORMING STRUCTURES/USES" AS SET FORTH IN THE TUSTIN CITY CODE MEANS THAT SUCH STRUCTURES/USES WERE: LAWFULLY ERECTED, ESTABLISHED; HAVE BEEN LAWFULLY AND CONTINUOUSLY MAINTAINED WITHOUT SIGNIFICANT ALTERATION; AND, BASED ON SAID DETERMINATION, ORDER THE CESSATION OF THE TWO DWELLING UNITS/GUEST HOUSES AND THE CORRECTION OF CODE VIOLATIONS OF STRUCTURES/USES FOR CONFORMANCE WITH TUSTIN CITY CODE AT 520 PACIFIC STREET (ASSESSOR'S PARCEL NO. 401-371-07) City Council/Redevelopment Agency March 1, 2011 Meeting Agenda Page 4 of 8 2. INTERIM URGENCY ORDINANCE NO. 1396 EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF TATTOO ESTABLISHMENTS On February 1, 2011, the City Council approved Interim Urgency Ordinance No. 1392 to enact a temporary moratorium on the establishment and operation of tattoo establishments within the City for a period of 45 days. Proposed Interim Urgency Ordinance No. 1396 is an urgency measure that would extend the effective term of Interim Urgency Ordinance No. 1392. The proposed extension ordinance would continue to prohibit the establishment or operation and the issuance of permits or any other entitlements for tattoo establishments pending the completion of a study analyzing potential Code amendments to establish land use regulations, development standards, and operational regulations necessary to protect the public health, welfare, or safety from impacts associated with or implicated by use of property for tattoo establishments. Following a noticed public hearing, the City Council may extend the original urgency ordinance for a period of ten months and fifteen days pursuant to Government Code Section 65858. Recommendation: That the City Council adopt Interim Urgency Ordinance No. 1396 by at least a four-fifths vote. ORDINANCE NO. 1396 AN INTERIM URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF TATTOO ESTABLISHMENTS WITHIN THE CITY OF TUSTIN FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS PENDING A STUDY OF LAND USE REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858. (4/5ths Vote Required) 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 3 through 6) 3. APPROVAL OF MINUTES – REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON FEBRUARY 15, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on February 15, 2011. City Council/Redevelopment Agency March 1, 2011 Meeting Agenda Page 5 of 8 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $ 2,900,099.57 and Payroll in the amount of $ 667,081.70. 5. NOTICE OF DEFAULT – AFFORDABLE HOME LOCATED AT 14554 NEWPORT AVENUE #3 City Council direction is requested in order to cure a homeowner default under the City's Affordable Housing Program at the Arbor Walk development. Recommendation: It is recommended that: 1. 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 moderate-income affordable housing unit at 14554 Newport Avenue #3, prior to expiration of the statutory default period (March 14, 2011) or any foreclosure sale of the subject property (on or about April 4, 2011), 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. Authorize up to $380,000 from the recently approved Affordable Housing Default Revolving Fund 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 Sell under the Deed of Trust. 6. ADOPT RESOLUTION NO. 11-14 APPROVING THE CITY OF TUSTIN EMERGENCY PLAN Pursuant to a grant from the Santa Ana-Anaheim Urban Area Security Initiative (UASI) program, staff has utilized the services of Willdan Homeland Solutions to develop a new all hazards plan to guide city response during a major emergency. The City’s current all-hazards Emergency Plan was adopted in 2001 and has been rewritten to comply with current state and federal requirements. Approval of this plan by the City Council will also comply with a key accreditation standard for the Commission on Accreditation for Law Enforcement Agencies (CALEA). Recommendation: That the City Council adopt Resolution No. 11-14 approving the City of Tustin Emergency Plan. RESOLUTION NO. 11-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE CITY OF TUSTIN EMERGENCY PLAN City Council/Redevelopment Agency March 1, 2011 Meeting Agenda Page 6 of 8 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 6 through 9) 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1395: 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. Ordinance No. 1395 reflects changes to Ordinance No. 1390 which was heard but not adopted at the City Council's January 4, 2011 meeting. Recommendation: Have second reading by title only and adoption of Ordinance No. 1395 (roll call vote). ORDINANCE NO. 1395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING TUSTIN CITY CODE ARTICLE 5, CHAPTER 12 RE SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS. 8. SECOND READING AND ADOPTION OF ORDINANCE UPDATING CITY CODE TO REFLECT CURRENT CITY HOLIDAYS Adoption of the attached Ordinance will update the City Code to reflect the holidays currently observed by the City. Recommendation: Have second reading by title only and adoption of Ordinance No. 1394 (roll call vote). ORDINANCE NO. 1394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1210 OF THE TUSTIN CITY CODE RELATING TO CITY HOLIDAYS 9. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. City Council/Redevelopment Agency March 1, 2011 Meeting Agenda Page 7 of 8 OTHER BUSINESS/COMMITTEE REPORTS – City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting is scheduled for Tuesday, March 15, 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 March 1, 2011 Meeting Agenda Page 8 of 8