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Home My WebLink About01 CC MINUTES 10-2-12PUBLIC INPUT— None REGULAR BUSINESS ITEM 1. INTERVIEW AND APPOINT MEMBER TO THE PLANNING COMMISSION The City Council will conduct interviews and appoint one (1) member to the Planning Commission. The Planning Commissioner will serve until March 1, 2014 or until a respective successor is appointed and qualified. Following an oral interview, the Council completed ballots and the City Clerk announced the results. Planninq Commission — The following qualified candidate submitted an application for the Planning Commission: City Council Special Meeting Minutes October 2, 2012 Page 1 of 2 Agenda Item 1 Reviewed: City Manager Finance Director NIA MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY TUSTIN, CA OCTOBER 2, 2012 SPECIAL MEETING 4:30 P.M. CALL TO ORDER at 4:33 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tem Al Murray, and Councilmembers Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, City Attorney PUBLIC INPUT— None REGULAR BUSINESS ITEM 1. INTERVIEW AND APPOINT MEMBER TO THE PLANNING COMMISSION The City Council will conduct interviews and appoint one (1) member to the Planning Commission. The Planning Commissioner will serve until March 1, 2014 or until a respective successor is appointed and qualified. Following an oral interview, the Council completed ballots and the City Clerk announced the results. Planninq Commission — The following qualified candidate submitted an application for the Planning Commission: City Council Special Meeting Minutes October 2, 2012 Page 1 of 2 • Wisam Altowaiji Ballots were cast by Council to fill the remainder of one (1) term on the Planning Commission. City Clerk Services Supervisor Patricia Estrella reported the ballot tally as follows: By unanimous consent (5 -0) the Council appointed Wisam Altowaiji to the Planning Commission for the remainder of a two -year term expiring March 1, 2014. ADJOURNED at 4:45 p.m. City Council Special Meeting Minutes October 2, 2012 Page 2 of 2 Agenda Item 1 Reviewed: s' City Manager t1A Finance Director MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, TUSTIN PUBLIC FINANCING AUTHORITY AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY TUSTIN, CA OCTOBER 2, 2012 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2298 at 5:35 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: David E. Kendig, 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: 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 City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Minutes Page 1 of 9 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 RECESSED at 5:36 p.m. RECONVENED at 7:05 p.m. 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 at 7:05 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig The Council unanimously denied the claim of Marbella Perivan and Hector Tapia Bravo, Claim No. 12 -24; other than that, no reportable action was taken. PRESENTATIONS 1. Emergency Preparedness — Captain Steve Lewis 2. American Legion 2012 Boys State Program — Bob Ammann ORAL COMMUNICATION /PUBLIC INPUT— City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Minutes Page 2 of 9 • Bethelwel Wilson Recessed at 7:44 p.m. Reconvened at 7:46 p.m. PUBLIC HEARING ITEMS 1 -2 1. GENERAL PLAN AMENDMENT 2012 -02, ZONE CHANGE 2012 -01, AND CONDITIONAL USE PERMIT 2012 -08 A Power Point presentation was given by Elizabeth Binsack The public hearing opened at 7:52 p.m. • Pastor Joel Kelly • Steve Ciminella The public hearing closed at 8:03 p.m. 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 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) Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray 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 City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Minutes Page 3 of 9 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; and, 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 with the following modification /addition to Condition 1.5 of Exhibit A: 'This section shall not operate as a pre- citation for purposes of criminal enforcement of the Tustin City Code." Motion carried 5 -0 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, 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. Recessed at 8:15 p.m. Reconvened at 8:19 p.m City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Minutes Page 4 of 9 2. APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE USE DETERMINATION 2012 -03 & CONDITIONAL USE PERMIT 2012 -09 A Power Point presentation was given by by Elizabeth Binsack The public hearing opened at 8:28 p.m. • Mike Easton • Randy Keller • Corrine Allen • Bill Brown The public hearing closed at 8:44 p.m. 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. Motion: It was moved by Councilmember Amante and seconded by Mayor Pro Tern Murray 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 with the following modification /addition to Conditional Use Permit 2012- 09, Condition 1.5 of Exhibit A: "This section shall not operate as a pre - citation for purposes of criminal enforcement of the Tustin City Code." 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 City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Minutes Page 5 of 9 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 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. Motion carried 4 -1 (Councilmember Gavello dissenting) CONSENT CALENDAR ITEMS 3 -8 Motion: It was moved by Mayor Pro Tem/Vice Chairman Murray and seconded by Councilmember /Commissioner Amante to approve the consent calendar items on the agenda as recommended by staff. Motion carried 5 -0 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 City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Minutes Page 6 of 9 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. 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. City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Minutes Page 7 of 9 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 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 9 9. LEGISLATIVE REPORT An update on current legislation was provided by Councilmember Amante. OTHER BUSINESS /COMMITTEE REPORTS COUNCILMEMBER GOMEZ • On September 19 attended the Community Services Commission meeting • On September 20 attended the Association of California Cities Orange County ( ACCOC) inaugural Golden Hub of Innovation award event • On September 26 attended the Tustin Meadows annual meeting which honored Tustin Meadows Man and Woman of the Year • Attended the Senior Advisory Board meeting • Attended the Santa Ana River Flood Protection Agency executive board meeting • On September 28 attended a Diversity Conference at El Camino College • Is looking forward to Tiller Days • Stated that the Tustin Public Schools Foundation is sponsoring a State of the Schools breakfast on October 8 COUNCILMEMBER AMANTE • Attended the ACCOC Golden Hub of Innovation event; congratulated city staff for nominations received City Council /Successor Agency /Financing Authority/ October 2, 2012 Tustin Housing Authority Regular Meeting Minutes Page 8 of 9 • On September 26 participated in an early tour of the new CHOC hospital facility at Jena Jensen's (Chief Government Relations Officer) invitation • On September 27 attended the Anaheim mayor's prayer breakfast MAYOR PRO TEM MURRAY • Attended a Tustin Effective Apartment Managers (TEAM) meeting on September 19 • Attended a Newport Bay Watershed Executive Committee meeting • Attended a round table discussion regarding affordable housing with Lacy Kelly, ACCOC • Attended the Orange County Vector Control District trustee meeting • Attended the ACCOC Golden Hub of Innovation event • Thanked staff for the City blood drive • Thanked Orange County Fire Authority for its quick response on the Santiago Canyon fire • Thanked wife, Tammy, for years together as they celebrated their wedding anniversary • Shared that his daughter was interviewed by KTLA at Beckman pool as a splash ball participant for water polo • Announced that Walk to School day is tomorrow morning • Reminded all that Tiller Days is coming up MAYOR NIELSEN • Attended and spoke at the TEAM meeting • On September 26 welcomed members of the Building Industry Association for a panel discussion at City Hall • On September 26 attended the Orange County Sanitation District steering and board meetings • Congratulated new Planning Commissioner, Sam Altowaiji • Announced that tomorrow is Walk to School day • On Thursday will attend a breakfast celebrating the Salvation Army's 125th anniversary • Invited all to Tiller Days ADJOURNED at 9:13 p.m. to Tuesday, October 16, 2012, Closed Session 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 Minutes Page 9 of 9