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HomeMy WebLinkAbout01 MINUTES 10-03-05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA SEPTEMBER 19, 2005 Agenda Item Reviewed: -ifi1d City Manager Finance Director ~ CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante and Tracy Worley Hagen Councilmember Tony Kawashima Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 A.1. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Tustin Municipal Employees Association (TMEA) A.2. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Management A.3. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Supervisory A.4. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Confidential A.5. Aqency Neqotiator: William Huston, City Manager Employee Orqanization: Executive Management A.6. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Police Officers Association (TPOA) City Councii Meeting Minutes September 19, 2005 Page1of10 A.7. Aqencv Neqotiator: Arlene Marks Gibbs, Director of Human Resources Emplovee Orqanization: Tustin Police Support Service Association (TPSSA) A.8. Aqency Neqotiator: Arlene Marks Gibbs, Director of Human Resources Employee Orqanization: Tustin Police Management Association (TPMA) B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4,5,6,7,8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Neqotiators: Christine Shingleton, Assistant City Manager and Clayton Gantz, Special Legal Counsel. Neqotiators for Tustin Leqacy Community Partners: Jack R. Godard, Lindquist, and Richard Douglass. Susan Under Neqotiation: Price and Terms of Payment. PUBLIC MEETING CALL TO ORDER - 7:05 P.M. INVOCATION - Council member Hagen PLEDGE OF ALLEGIANCE - Girl Scouts ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima (7:15 p.m.) None Pamela Stoker William A. Huston, City Manager and, Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: City Councii Meeting Minutes September 19, 2005 Page 2 of 10 CLOSED SESSION REPORT - Nothing to report FIRST PUBLIC INPUT - Craig Kinoshita was introduced as new Fire Battalion Chief representing the City. PRESENTATION - Carolyn Cavecche, Orange County Transportation Agency (OCTA) regarding Measure M. PUBLIC HEARINGS 1. INTERIM URGENCY ORDINANCE NO. 1303 AND WRITTEN REPORT FOR INTERIM URGENCY ORDINANCE NO. 1300: SELF-STORAGE FACILITIES / SELF-STORAGE MINI WAREHOUSES On August 15, 2005, the City Council adopted Interim Urgency Ordinance No. 1300, a 45-day moratorium on the establishment and operation of new or expanded commercial self-storage facilities, including self-storage mini warehouses ("Self- Storage Uses") within the City of Tustin. Pursuant to Government Code Section 65858, ten (10) days prior to the expiration of the interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Interim Urgency Ordinance No. 1303 is an urgency measure proposed by the City of Tustin to extend Ordinance No. 1300 for a period of ten (10) months and fifteen (15) days. The Ordinance would prohibit the issuance of permits that would allow the establishment and operation of Self Storage Uses during the period of the urgency ordinance. During this time, staff would complete a study of potential code amendments to the City's land use regulations that are needed to address the current and immediate threat to the public health, safety, and welfare. Presentation of staff report by Community Development Director Binsack. Public hearing opened at 7:44 p.m. Randy Scott Wong, Bruce Jordan, Don Saltarelli, John Hansell, and Mike Carroll spoke on the matter. Public hearing closed at 8:01 p.m. Motion: 1.a. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima to issue a written report required by Government Code Section 65858 by Minute Motion. Motion carried 5-0. City Council Meeting Minutes September 19, 2005 Page 3 of 10 1.b. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to amend Section 3 of proposed Ordinance No. 1303 to read as follow: For the period of this Ordinance, no new or expanded commercial self-storage facilities/self-storage mini-warehouses shall be permitted, licensed, or otherwise approved for use and operation in the City. Except that the Community Development Director, Planning Commission, and/or City Council (in the case of an appeal), may act on applications for expansions of existing facilities and/or pending applications for new self storage uses and/or applications related to the establishment of self storage uses at 14861 Franklin Avenue and 2631 Michelle Drive without regard to the prohibitions in this ordinance, and Adopt Interim Urgency Ordinance No. 1303. (Requires a 4/5 vote) ORDINANCE NO. 1303 - An Interim Urgency Ordinance of the City of Tustin, California, extending Ordinance No. 1300, a Temporary Moratorium on the Establishment and Operation of New or Expanded Commercial Self-Storage Facilities/Self-Storage Mini Warehouses within the City of Tustin for a period of ten (10) months and fifteen (15) days pending the completion of a study of amendments to the City's Land Use Regulations that are needed to address a threat to the public health, safety, and welfare Motion carried 5-0. 2. TENTATIVE PARCEL MAP 2005-175: 12741 AND 12790 NEWPORT AVENUE Tentative Parcel Map 2005-175 is a request to combine two (2) existing parcels into one (1) parcel for the purpose of developing a new 20,000 square foot medical office building at 12741 and 12791 Newport Avenue. On May 31,2005, the Community Development Director approved Design Review 05-007 authorizing the demolition of an existing office building and a single family home and the construction of a new medical office building subject to approval of a parcel map (TPM 2005-175). On September 12, 2005, the Planning Commission recommended that the City Council approve Tentative Parcel Map 2005-175. (Owner: Newport Medical Partners, LLC.) Presentation of staff report by Community Development Director Binsack. Public hearing opened at 8:16 p.m. There were no public speakers and the hearing closed at 8:16 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 05-100 - A resolution of the City Council of the City of Tustin approving Tentative Parcel Map 2005-175 to combine two (2) parcels to create one (1) parcel 1.47 acres in area located at 12741 and 12791 Newport Avenue (Assessor Parcel Numbers 401-211-53,401-211-57, and 401-211-71) City Council Meeting Minutes September 19, 2005 Page 4 of 10 3. GENERAL PLAN AMENDMENT 02-001 PROPOSED LIBRARY SITE AND ZONE CHANGE 02-001: General Plan Amendment (GPA) 02-001 and Zone Change (ZC) 02-001 propose to change the general plan land use and zoning designations of certain properties on the proposed Tustin Library site. On September 12, 2005, the Planning Commission adopted Resolution Nos. 3997 and 3998 recommending that the City Council approve GPA 02-001 and ZC 02-001 to change the land use and zoning designations of the affected properties to Public and Institutional (P&I) General Plan land use and zoning designations; and Resolution No. 3999 approving Conditional Use Permit (CUP) 02-003 to allow for a library use in the P&I district and to establish development standards for the proposed use (Owner: City of Tustin). Presentation of staff report by Community Development Director Binsack. Public hearing opened at 8:23 p.m. There were no public speakers and the hearing closed at 8:23 p.m. Motion: It was moved by Councilmember Hagen, seconded by Councilmember Kawashima, to approve as recommended by staff. Motion carried 5-0. 3.a. Adopt resolution; and RESOLUTION NO. 05-101 - A resolution of the City Council of the City of Tustin approving General Plan Amendment 02-001 amending the General Plan Land Use designations from a mixture of land use designations to Public/Institutional to accommodate the construction of a new library at 345 E. Main Street 3.b. Introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1304 - An ordinance of the City Council of the City of Tustin, California, amending the Zoning Map of the City of Tustin from a mixture of zoning districts to Public and Institutional (P&I) Zoning District to accommodate the construction of a new library at 345 E. Main Street 4. SUPPLEMENTAL LAW ENFORCEMENT SERVICE GRANT FUNDS (SLESF) In 1996, California Assembly Bill 3229 established the Citizen's Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) grant program. Proceeds from the grant program must be used for front line law enforcement services that may include the purchase of new equipment, hiring of additional personnel and increasing the opportunity for training of safety personnel. This year, we have been notified that the Police Department is to receive no less than $107,000 and no more than $110,000 in SLESF funding. This year the City Councii Meeting Minutes September 19, 2005 Page 5 of 10 allocation is being coordinated through the Orange County Sheriffs Department and all agencies have been directed to move forward with expenditure authorization while waiting for the final grant amounts to be determined. Legal Notice published in the Tustin News on October 28, 2004. Presentation of staff report by Police Chief Jordan. Public hearing opened at 8:26 p.m. There were no public speakers and the hearing closed at 8:26 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to authorize usage of the funds as recommended by the Police Department. Motion carried 5-0. 5. ESTABLISHING A COMPREHENSIVE SCHEDULE OF FEES In an effort to simplify the City's inventory of fees and charges, staff has consolidated previously adopted resolutions into one Comprehensive Schedule of Fees. In reviewing the schedule, the Police Department and Public Works have identified some fees that have not been updated recently and propose an increase. Public hearing opened at 8:27 p.m. There were no public speakers and the hearing closed at 8:27 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 05-99 - A resolution of the City Council of the City of Tustin increasing or otherwise modifying certain Police Department and Public Works Department fees and charges, and establishing a Comprehensive Schedule of Fees and repealing Resolution Nos. 87-138, 92-103,92-110,93-03,95-43,99-53,01-111,02-57, 04-26, 05-55, and 05- 73 CONSENT CALENDAR - Agenda items 12 and 14 were pulled for separate discussion. It was moved by Mayor Pro Tem Davert, seconded by Council member Amante, to approve Consent Calendar items 6 through 11 and 13 as recommended by staff. Motion carried 5- O. 6. APPROVAL OF MINUTES - REGULAR MEETING OF SEPTEMBER 6 , 2005 Motion: Approve the Regular City Council Meeting Minutes of September 6, 2005. City Council Meeting Minutes September 19, 2005 Page6of10 7. 8. 9. 10. 11. 12. 13. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $552,479.59 and $1,697,842.36; reversals in the amount of $875.00; and Payroll in the amount of $503,657.62. PLANNING ACTION AGENDA - SEPTEMBER 12, 2005 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of September 12, 2005. CONFLICT OF INTEREST REVIEW - DESIGNATED POSITIONS Motion: Adopt resolution. RESOLUTION NO. 05-98 - A resolution of the City Council of the City of Tustin, California, modifying the designated positions contained in the Conflict of Interest Code of the City of Tustin CONSIDERATION OF CLAIM OF KEVEN OWENS, CLAIM NO. 05-28 Motion: That the City Council deny Claim No. 05-28, Keven Owens, and direct staff to send notice thereof to the claimant. CONSIDERATION OF CLAIM OF BOB GOMEZ, CLAIM NO. 05-35 Motion: That the City Council deny Claim No. 05-35, Bob Gomez, and direct staff to send notice thereof to the claimant. AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTIATE WITH TUSTIN COMMUNITY PARTNERS, LLC FOR THE TUSTIN LEGACY MASTER DEVELOPER SITE Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to continue consideration of item. Motion carried 5-0. ADOPT REVISED 457 GOVERNMENT PLAN DOCUMENT WITH GREAT WEST RETIREMENT SERVICES Motion: Adopt resolution. City Councii Meeting Minutes September 19, 2005 Page 7 of 10 RESOLUTION NO. 05-102 - A resolution of the City Council of the City of Tustin, California, to adopt revised 457 Governmental Plan documents with Great West Retirement Services 14. REVIEW OF THE CITY OF TUSTIN EMERGENCY PLAN AND ADOPTION OF RESOLUTION 05-97 DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL EMERGENCY INCIDENT MANAGEMENT IN THE CITY OF TUSTIN Councilmember Amante requested additional information at a future council meeting, regarding NIMS and how Tustin would respond in case of natural disaster. Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tem Davert, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 05-97 - A resolution of the City Council of the City of Tustin, designating the National Incident Management System (NIMS) as the basis for all incident management in the City of Tustin REGULAR BUSINESS 15. VECTOR CONTROL APPOINTMENT Vector Control representative Doug Davert has requested that another member of the Council be appointed to serve the remainder of his term. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to appoint Council member Hagen as representative to the Orange County Vector Control District. Motion carried 5-0. 16. ORDINANCE NO. 1301 SECOND READING - CODE AMENDMENT 05-002 - CULTURAL RESOURCES AMENDMENT Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to have second reading by title only and adoption of Ordinance No. 1301. Motion carried 5-0. (Roll call vote). ORDINANCE NO. 1301 - An ordinance of the City Council of the City of Tustin, California, amending Tustin City Code Sections 1561, 9252(c), 9252(g)(3); 9252(h)(2)(a), and 9297, relating to the Cultural Resources Advisory Committee 17. ORDINANCE NO. 1302 SECOND READING - BURGLARY AND ROBBERY ALARM SYSTEMS City Councii Meeting Minutes September 19, 2005 Page 8 of 10 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to have second reading by title only and adoption of Ordinance No. 1302. Motion carried 5-0. (Roll call vote). ORDINANCE NO. 1302 - An ordinance of the City Council of the City of Tustin, California, Repealing Ordinance Nos. 633, 663, 825, 830, 875, and 1029; and adding Chapter 9 to Article 6 of the Tustin City Code regarding regulation of Burglary and Robbery Alarm Systems 18. CHARITABLE AND COMMERCIAL SOLICITATION ORDINANCE The City of Tustin proposes to adopt an ordinance specifically regulating charitable and commercial door-to-door solicitation within residential districts. The purpose of the proposed ordinance is to protect and promote the public health, safety, and welfare by imposing content-neutral reasonable time, place and manner restrictions on door-to-door charitable and commercial solicitation in residential areas of the City. Presentation of staff report by Police Chief Jordan. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to introduce and have first reading by title only of the following ordinance. Motion carried 5-0. ORDINANCE NO. 1305 - An ordinance of the City Council of the City of Tustin, California, adding Chapter 10 to Article 5 of the Tustin City Code regarding regulation of Charitable and Commercial Solicitations 19. MOBILE HOME RENT CONTROL Bill Hall, Audrey Swearengen, Gabriel Canto, John Duarte, Bill Kavone, Bruce Mathias, Vickie M. Talley, Abe Arrigotti, Rich Delaney, Julie Bann, and Paula McGee of Tustin Village Mobile Home Park addressed the council on rent issue. Councilmember Kawashima indicated that there were short and long term issues to consider. City Manager Huston indicated that City may use redevelopment money to underwrite projects or allow certain affordability projects in senior developments; create non-profits, useful to have projects that can be serviced by public transportation, policy question on how to spend redevelopment money, new development requirements at Tustin Legacy project site. Mayor Bone requested more detail on Tustin Legacy housing programs; not in support of rent control, but will support affordable housing. City Councii Meeting Minutes September 19, 2005 Pagegof10 Mayor Pro Tem Dayert stated that park owner met with residents and made a deal, protecting Section 8, among other concessions, by having rent control will add bureaucracy to administer program, would like to discuss affordable housing and use of set-aside funds. Councilmember Amante echoed Davert's sentiments on the matter, not in support of rent control, Sierra Management has kept word on all that was promised including Section 8, Council has no constitutional right to take from one to give to another. Councilmember Hagen would like to see more senior affordable housing, especially in downtown area. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to direct staff to evaluate concepts for expansion of supply of affordable housing programs especially in the downtown area. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Mayor Pro Tem Davert: Reminded everyone Tustin Tiller Days was coming up; and Tustin Unified School District to hold study session on future design of schools. Mayor Bone: . September 22nd, Get Out to Vote day for early voting; Water Advisory Committee of Orange County report, Tustin doing well; and Southern California Association of Governments, Maglev approved first engineering contract for initial operating segment from Los Angeles to Ontario. ADJOURNMENT - 9:44 p.m. - The next regular meeting of the City Council was scheduled for October 3, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Councii Meeting Minutes September 19, 2005 Page10of10