HomeMy WebLinkAbout02 CC MINUTES 03-01-11Agenda Item 2
Reviewed: ,~
City Manager ~'"~'~ ~~
e
Finance Director N/A
MINUTES
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MARCH 1, 2011
CALL TO ORDER -Meeting #2257 at 5:31 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez (arrived at 5:37 p.m.) and AI Murray
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: Douglas C. Holland, 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. LABOR NEGOTIATION;
Agency Negotiators:
Employee Organization:
Employee Organization:
Employee Organization:
Emalovee Oraanization:
Em plo yee Org anization:
Em plo yee Org anization:
Em plo yee Org anization:
Em plo yee Org anization:
3 [Government Code Section 54957.6]
Kristi Recchia, Director of Human Resources
and Peter Brown, Liebert Cassidy Whitmore
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association (TPOA)
Tustin Police Support Service Association
(TPSSA)
Tustin Police Management Association (TPMA)
Part-Time Unrepresented Employees
Unrepresented Confidential Employees
Unrepresented Supervisory
Executive Management and Management
B. PUBLIC EMPLOYMENT: [Govt. Code § 54957] -Two Cases
• Performance evaluation of the City Manager
• Consideration of 60-day unpaid leave of absence for employee
City Council/Redevelopment Agency March 1, 2011
Minutes Page 1 of 11
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:
Agency:
City/Agency Negotiators
Negotiating Parties
Under Negotiation:
28,000 square feet of building area on City
property located at 15171 Del Amo, Tustin
City of Tustin
Christine Shingleton, Assistant City
Manager with support from Chuck Noble at
Lee & Associates Commercial Real Estate
Services, Inc.
Doug Green with Beitler Commercial
Realty Services, TCN representing
National Office Liquidators
Price and Terms of Payment
• Property Address/Description:
Aqency:
City/Aqency Negotiators
Ne otq iating Parties:
Under Negotiation
• Property Address/Description/
Negotiating Parties
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
City of Tustin
Christine Shingleton, Assistant City
Manager, and Doug Stack, Director of
Public Works
Christopher Georgious, President, Tustin
Red Hill Center, LLC
Price and Terms of Payment
Pablo & Silvia Hinojosa (2351 Fig Tree
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.);
Patrick & Vicki Crabb (2371 Silk Tree Dr.);
City Council/Redevelopment Agency March 1, 2011
Minutes Page 2 of 11
Agency:
City/Agency Negotiators:
Under Negotiation:
Recessed at 5:32 p.m.
Reconvened at 7:08 p.m.
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.)
Redevelopment Agency
Ken Nishikawa and Doug Anderson
Price and Terms of Payment
JOINT REGULAR CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETING
7:00 P.M.
~;~ ~~
CALL TO ORDER -Meeting #2257 at 7:08 p.m.
INVOCATION -Councilmember Gomez
PLEDGE OF ALLEGIANCE -Councilmember Murray
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 (arrived at 5:37 p.m.) and AI Murray
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: Douglas C. Holland, City Attorney
CLOSED SESSION REPORT -Mayor Amante announced that the Council would
reconvene in Closed Session following Presentations to continue discussion of agenda
items and that the City Attorney would give his report at that time.
PRESENTATIONS
City Council/Redevelopment Agency March 1, 2011
Minutes Page 3 of 11
• SOCAL Water Polo
0
o Bill Campbell, presented Ed Reynolds with a proclamation as 2010 National
Women's Coach of the Year
o Jordan Gonzales, representing Assemblyman Jeff Miller, presented
proclamations to Ed Reynolds and SOCAL Water Polo
o Accepting the Club Certificate of Recognition from the Mayor and City
Council on behalf of SOCAL Water Polo are Youth Players:
Sidney Shimomura (10u Coed)
Adam Florman (10u Coed)
Grace-Ann Pevehouse (12u Girls)
Mason Reynoso (12u Boys)
Kyle Son (12u Boys)
Lilly Aguirre-Murray (14u Girls)
Lana Gorlinski (14u Girls)
Alex Sirmopoulos (14u Boys)
Kyle Greenwald (14u Boys)
Champions Cut Players -Girls 8th grade and under team:
2011
Sophia Baia
Abaigeal Blake
Nikki Daurio
Molly DiLalla
Kathleen Hungerford
Emily Konishi
Christiana Manzella
Brooke Maxson
0
Briana Roger
Angela Russo
Julia Sellers
Kylee Shimomura
Kenzi Snyder
Lyric Soto
Caroline Thorn
Champions Cut Players -
in 2011
Bryan Carbaugh
Willliam Cranshaw
Austin Donoghue
Michael Garas
Griffin Gaughran
Charles Hornecker
Will Lapkin
Robert Lee
Mike Miller
William Monjay
Nicholai Pran
Nicholas Robertson
Gavin Scott
1st place finish in
Boys 8th grade and under team: 5th place finish
City Council/Redevelopment Agency March 1, 2011
Minutes Page 4 of 11
Jake Tombrello
Recessed at 7:37 p.m.
Reconvened at 7:42 p.m.
ORAL COMMUNICATION/PUBLIC INPUT -
• Jennifer Gonzales, The Gas Co., replacing Margaret Pashko
Recessed to Closed Session at 7:44 p.m.
Reconvened at 8:53 p.m.
CLOSED SESSION REPORT -City Attorney Douglas C. Holland
City Attorney Report: The City Council met in closed session on item B on the closed
session agenda. The City Council on the 3-2 vote, with Councilmembers Gavello and
Gomez voting no, issued a notice to terminate Mr. Biggs as City Manager of the City of
Tustin. The notice reads as follows:
This is a notice that the City of Tustin intends to terminate your employment as City
Manager of the City of Tustin, effective on a date yet to be determined, which shall be not
before April 1, 2011.
The reason for this action is that the relationship between the City Council and the City
Manager is not satisfactory.
No later than March 8, 2011, you may, by written notification to the City Clerk, request a
hearing before the City Council. In the event you request a hearing, then it will be held
prior to April 1, 2011.
Effective immediately, you are suspended, with pay, from your duties as City Manager.
ORAL COMMUNICATION/PUBLIC INPUT -None
PUBLIC HEARING ITEMS (1-2)
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
City Council/Redevelopment Agency March 1, 2011
Minutes Page 5 of 11
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.
A presentation was given by Director of Community Development Elizabeth
Binsack and Senior Planner Amy Thomas.
The public hearing opened at 9:40 p.m.
Addressing Council:
• Presentation by Deborah
Fairbanks
• Bret Fairbanks
• Doug Duboch
• Linda Jennings
• Jonathan Dunn
• Marcus Brown
• Nathan Menard
Rosenthal, attorney representing Bret
Recessed at 10:42 p.m.
Reconvened at 10:53 p.m.
Ex pane Communication:
• Councilmember Murray spoke with Bret Fairbanks pursuant to his
request as well as Ms. Jennings;
• Councilmember Gavello toured facility yesterday and spoke with Mrs.
Fairbanks; spoke with Mr. Fairbanks via phone previously
• Councilmember Gomez met with Mr. Fairbanks;
• Mayor Pro Tem Nielsen had two brief phone calls with Bret Fairbanks
• Mayor Amante shared previously that he met with Bret Fairbanks
The public hearing closed at 11:19 p.m.
Recessed at 11:52 p.m.
City Council/Redevelopment Agency March 1, 2011
Minutes Page 6 of 11
Reconvened at 11:53 p.m.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Gomez that the City Council deny the appeal of the Planning
Commission's December 14, 2010 determination that the two rear units at 520
Pacific Street were considered legal nonconforming structures/uses and ordered
compliance with minimum Building Code requirements.
Motion carried 4-1 (Mayor Amante dissenting)
Mayor Amante directed staff to bring back a resolution for Council consideration
reflecting the action.
Mayor Amante directed staff to agendize for a future agenda a revision of the
code to harmonize ambiguity identified; and to send staff to work with Mr.
Fairbanks regarding health and safety issues.
Recessed at 12:05 a.m.
Reconvened at 12:12 a.m.
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.
The public hearing opened at 12:12 a.m.
The public hearing closed at 12:13 a.m. with no comments.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Murray that the City Council adopt Interim Urgency Ordinance
City Council/Redevelopment Agency March 1, 2011
Minutes Page 7 of 11
No. 1396 by at least afour-fifths vote.
Motion carried 5-0
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 (3-6)
It was moved by Councilmember Gavello and seconded by Mayor Pro Tem Nielsen to pull
consent item 6 and to approve the balance of the consent calendar items as
recommended by staff.
Motion carried 5-0
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.
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
City Council/Redevelopment Agency March 1, 2011
Minutes Page 8 of 11
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).
Motion: It was moved by Councilmember Murray and seconded by
Councilmember Gavello to adopt Resolution No. 11-14, approving the City of
Tustin Emergency Plan and to agendize for discussion at the March 15, 2011
meeting.
Motion carried 5-0
RESOLUTION NO. 11-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING THE CITY OF TUSTIN EMERGENCY PLAN
REGULAR BUSINESS ITEMS (7-9J
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
City Council/Redevelopment Agency March 1, 2011
Minutes Page 9 of 11
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.
David Grant -Expressed concerns regarding map and potential impacts upon
his residence
Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro
Tem Nielsen to have second reading by title only and adoption of Ordinance No.
1395 (roll call vote).
Motion carried 5-0
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.
Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro
Tem Nielsen to have second reading by title only and adoption of Ordinance No.
1394 (roll call vote).
Motion carried 5-0
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.
None.
Recessed to Closed Session at 12:27 a.m. (3/2/11)
Reconvened at 1:18 a.m.
CITY ATTORNEY REPORT -Council met in closed session and took the following
actions:
City Council/Redevelopment Agency March 1, 2011
Minutes Page 10 of 11
• B. PUBLIC EMPLOYMENT: [Govt. Code § 54957] Under second bullet item,
approved an extended leave of absence for an employee
• E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
Under first bullet item, authorized a rental agreement with National Office
Liquidators, terms of which will be included in the March 15 City Council agenda
• A. LABOR NEGOTIATIONS [Government Code Section 54957.6]; Gave
instructions to staff regarding labor negotiations
• E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8]
Under third bullet item authorized staff to negotiate the items under discussion and
provided staff with authority to negotiate and enter into appropriate agreements
consistent with directions provided by the Council.
ADJOURNED AT 1:20 a.m. Wednesday, March 2, 2011 -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
Minutes Page 11 of 11