The URL can be used to link to this page

Home My WebLink About000 CC AGENDA 10-02-12CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC FINANCING AUTHORITY AND TUSTIN HOUSING AUTHORITY Al Murray, Mayor Pro Tern Jerry Amante, Councilmember Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember G ll John Nielsen, Mayor OCTOBER 2, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2298 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer 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: 1. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 3. LIABILITY CLAIM pursuant to Government Code Section 54956.95 a. Consideration of Claim of Marbella Perivan and Hector Tapia Bravo, Claim No. 12 -24 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — One case 1. City of Tustin v. Keybank, N.A., Case #30- 2011 - 00529736- CU -FR- CXC 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 MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC FINANCING AUTHORITY AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2298 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS 1. American Legion 2012 Boys State Program 2. Emergency Preparedness 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. 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. GENERAL PLAN AMENDMENT 2012 -02, ZONE CHANGE 2012 -01, AND CONDITIONAL USE PERMIT 2012 -08 General Plan Amendment (GPA) 2012 -02 proposes to change the General Plan land use designation of seven residential properties at 13152, 13162, and 13232 Red Hill Avenue and 1532, 1542, 1552, and 1562 Melvin Way from Low Density Residential to Public /Institutional. Zone Change (ZC) 2012 -001 proposes to change the zoning designation of the three residential properties at 13152 Red Hill Avenue and 1532 and 1542 Melvin Way from Single Family City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Agenda Page 2 of 7 Residential (R1) to Public and Institutional. Conditional Use Permit (CUP) 2012 -08 proposes to allow a church storage area at 13162 and 13232 Red Hill Avenue and an assembly use (Peter's Parish) at 1552 Melvin Way, and to use the remaining six residences as church housing /parsonages. No new development is proposed at this time. On September 11, 2012, the Planning Commission adopted Resolution Nos. 4202, 4203, and 4204 recommending that the Tustin City Council approve GPA 2012 -02, ZC 2012 -001, and CUP 2012 -08. (Applicant: Red Hill Lutheran Church) Recommendation: That the City Council: 1. Adopt Resolution No. 12 -83 approving General Plan Amendment 2012- 02 to change the General Plan Land Use designation of seven residential properties on Red Hill Avenue and Melvin Way from Low Density Residential to Public /Institutional; 2. Introduce and have first reading of Ordinance No. 1419, (Zone Change 2012 -001), changing the zoning designation of three residential properties from Single Family Residential (R1) to Public and Institutional (P &I); and set for second reading at the City Council meeting of October 16,2012-land, 3. Adopt Resolution No. 12 -84 approving Conditional Use Permit 2012 -008 to allow a church storage area at 13162 and 13232 Red Hill Avenue and an assembly use at 1552 Melvin Way, and to use six residences as church housing /parsonages. RESOLUTION NO. 12 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2012 -02, AMENDING THE GENERAL PLAN USE DESIGNATIONS FROM LOW DENSITY RESIDENTIAL TO PUBLIC /INSTITUTIONAL TO ACCOMMODATE CHURCH RELATED USES AT 13152, 13162, AND 13232 RED HILL AVENUE AND 1532, 1542, 1552, AND 1562 MELVIN WAY. ORDINANCE 1419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 2012 -001, AMENDING THE ZONING DESIGNATIONS FROM SINGLE FAMILY RESIDENTIAL (R1) TO PUBLIC AND INSTITUTIONAL (P &I) TO ACCOMMODATE CHURCH RELATED USES AT 13152 RED HILL AVENUE AND 1532 AND 1542 MELVIN WAY, City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Agenda Page 3 of 7 RESOLUTION 12 -84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2012 -08, AUTHORIZING CHURCH RELATED USES AT 13152, 13162, AND 13232 RED HILL AVENUE AND 1532, 1542, 1552, AND 1562 MELVIN WAY. 2. APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE USE DETERMINATION 2012 -03 & CONDITIONAL USE PERMIT 2012 -09 Use Determination 2012 -03 and Conditional Use 2012 -09 are requests by Goodwill Industries of Orange County to establish and operate a retail store selling new and previously used goods and clothing with ancillary donation area within an existing tenant space located at 502 E. First Street, Unit C in the Larwin Square shopping center. On August 28, 2012, the City of Tustin Planning Commission adopted Resolution Nos. 4200 and 4201 approving Use Determination 2012 -03 and Conditional Use Permit 2012 -09. On September 4, 2012, the City Clerk received an appeal of Use Determination 2012 -03 and Conditional Use Permit 2012 -09 which was filed by Tustin City Councilmember Gavello due to concerns regarding the location (Attachment H). The appeal hearing is de novo. Recommendation: That the City Council: 1. Adopt Resolution No, 12 -85, approving Use Determination 2012 -03 to allow retail stores selling new and previously used goods and clothing with ancillary donation areas as a conditionally permitted use within the commercial and use designations of the First Street Specific Plan. 2. Adopt Resolution No. 12 -86, approving Conditional Use Permit 2012 -09 to establish a Goodwill retail store selling new and previously used goods and clothing with ancillary donation area located at 502 E. First Street. RESOLUTION NO. 12 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING USE DETERMINATION 2012 -03 TO ALLOW RETAIL STORES SELLING NEW AND PREVIOUSLY USED GOODS AND CLOTHING WITH ANCILLARY DONATION AREAS AS A CONDITIONALLY PERMITTED USE WITHIN THE COMMERCIAL LAND USE DESIGNATIONS OF THE FIRST STREET SPECIFIC PLAN. RESOLUTION NO. 12 -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2012 -09 AUTHORIZING City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Agenda Page 4 of 7 THE ESTABLISHMENT AND OPERATION OF A RETAIL STORE SELLING NEW AND PREVIOUSLY USED GOODS AND CLOTHING WITH ANCILLARY DONATION AREA LOCATED AT 502 E. FIRST STREET, UNIT C. 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 8) 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL /SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY / TUSTIN HOUSING AUTHORITY HELD ON SEPTEMBER 18, 2012. Recommendation: That the City Council /Successor Agency to the Tustin Community Redevelopment Agency /Tustin Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council /Successor Agency to the Tustin Community Redevelopment Agency /Tustin Housing Authority held on September 18, 2012. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $655,947.91 and $11,286.03; and Demands in the amount of $3,602,096.41. 5. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits three John Wayne Airport Noise Abatement Quarterly Reports for the fourth quarter of 2011, and the first and second quarters of 2012. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the fourth, first and second quarters. Average noise levels during all 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. City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Agenda Page 5 of 7 6. ADOPT RESOLUTION NO. 12 -82 TO APPROVE THE SUBMITTAL OF A MEASURE M2 TIER 2 ENVIRONMENTAL CLEANUP PROGRAM PROJECT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No 12 -82 will approve submittal of the City's project application for Renewed Measure M funds (Measure M2) under the Environmental Cleanup Allocation Program, Tier 2 Grant Program for fiscal year 2013/2014. The City has prepared and submitted a project application to complete the design and construction of the Tustin Legacy Detention Basin for a total estimated cost of $1,268,750. Recommendation: That the City Council adopt Resolution No 12 -82 approving the submittal of the project application to the Orange County Transportation Authority (OCTA) for funding under the Renewed Measure M Environmental Cleanup Allocation Program, Tier 2 Grant Program 2012 Call for Projects. RESOLUTION NO. 12 -82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING APPLICATION SUBMITTALS DURING FISCAL YEARS 2012/2013 THROUGH 2017/2018 FOR FUNDS FOR THE RENEWED MEASURE M ENVIRONMENTAL CLEANUP TIER 1 AND TIER 2 GRANT PROGRAMS UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR MULTIPLE PROJECTS. 7. DUE DILIGENCE REVIEW OF SUCCESSOR AGENCY'S LOW AND MODERATE INCOME HOUSING FUND In accordance with California Health and Safety Code Sections 34179.5 and 34179.6, White Nielson Diehl Evans LLP conducted a Due Diligence Review of the Successor Agency's Low and Moderate Income Housing Fund. Recommendation: It is recommended the City Council, acting as the Successor Agency, receive and file the Due Diligence Review of the Low and Moderate Income Housing Fund from White Neilson Diehl Evans LLP, the Successor Agency's certified accountant. 8. APPROVAL OF A CEQA PROCESSING AND JOINT DEFENSE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT RELATED TO A POTENTIAL LAND EXCHANGE ON A PORTION OF MCAS TUSTIN Approval is requested of an Agreement between the City of Tustin and the South Orange County Community College District County of Orange which will permit the development of the Orange County Regional Law Enforcement Training Center /Animal Control facility at Tustin Legacy City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Agenda Page 6 of 7 Recommendation: Subject to non - substantive modifications as may be determined necessary by the City Attorney or City's Special Counsel, Kutak Rock, prior to execution by all parties, approve and authorize the City Manager, or designee to execute the CEQA Processing and Joint Defense Agreement between the City of Tustin and South Orange County Community College District related to a portion of MCAS Tustin and to carry out all actions necessary to implement a proposed Land Exchange pursuant to "Term Sheet Concerning Key Issues on Development at ATEP" executed on December 15, 2010. REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 9) 9. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS /COMMITTEE REPORTS ADJOURN to Tuesday, October 16, 2012, Closed Session Special Meeting at 5:30 p.m. followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Agenda Page 7 of 7