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Home My WebLink About00 CC / RDA AGENDA 01-05-10CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL & REDEVELOPMENT AGENCY John Nielsen, Mayor Pro Tem Doug Davert, Councilmember Deborah Gavello, Councilmember Jim Palmer, Councilmember JANUARY 5, 2010 ~ COUNCIL CHAMBER ;,-~~.. _ 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~¢ ~~ CALL TO ORDER -Meeting #2226 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. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases B. EXISTING LITIGATION [Govt. Code Section § 54856.9(a)] -Three Cases • Marble Mountain Partners, LLC v. City of Tustin et al., Case No. 30- 2008-00116681 • Guzman v. City of Tustin, Orange County Superior Court No. 30- 2008-00114572 • AAE Pacific Park Associates, LLC v. City of Tustin, Orange County Superior Court, Case No. 030007137 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. C. INITIATION OF LITIGATION [Govt. Code Section § 54856.9(c)] -Two Cases JOINT REGULAR CITY COUNCIL & REDVELOPMENT AGENCY MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2226 INVOCATION - Fr. Thomas Nguyen, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Nielsen ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland 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 ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (City Council/Redevelopment Agency Agenda Items 1-2) ORDINANCE NO. 1372 (CODE AMENDMENT 09-006), AMENDING SECTION 9111 THROUGH 9142 OF THE TUSTIN CITY CODE TO UPDATE DENSITY BONUS LAW IN ACCORDANCE WITH STATE LAW Assembly Bill 2280 ("AB 2280") made the following changes to the State's density bonus law, which is set forth in Government Code Section 65915: 1. Increased the time by which a city may utilize funds that are recaptured from the resale of affordable housing units; 2. Amended the definition of "development standards"; 3. Amended the definition of "maximum allowable residential density" to be based not only on zoning, but also on the general plan land use densities in certain cases; 4. Added clarifying language with respect to density bonuses for developments with senior housing units; 5. Provided that before a local agency may grant density bonuses in excess of those set forth in State law, it must first adopt a local ordinance enabling it to do so. Joint City Council 8~ Redevelopment Agency Meeting January 5, 2010 Agenda Page 2 of 8 Code Amendment 09-006 amends Section 9111 through 9142 of the Tustin City Code to update density bonus law in accordance with State law. On December 8, 2009, the Planning Commission adopted Resolution No. 4128 recommending that the City Council adopts Ordinance No. 1372 approving Code Amendment 09-006. Recommendation: That the City Council introduce and have first reading of Ordinance No. 1372 (Code Amendment 09-006), amending Section 9111 through 9142 of the Tustin City Code to update density bonus law in accordance with State law. ORDINANCE NO. 1372 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9111 THROUGH 9142 (CODE AMENDMENT 09-006) OF THE TUSTIN CITY CODE TO UPDATE DENSITY BONUS LAW IN ACCORDANCE WITH STATE LAW 2. ORDINANCE NO. 1373 (CODE AMENDMENT 09-004) -REDUCED RESTAURANT PARKING REQUIREMENTS FOR OLD TOWN TUSTIN AND ESTABLISHMENT OF NEW OUTDOOR RESTAURANT SEATING REGULATIONS FOR THE CITY, INCLUDING OLD TOWN TUSTIN Completed in 2008, the Old Town Parking Study evaluated existing parking conditions in the commercial areas of Old Town and made numerous recommendations that the City consider implementing modified parking standards, and alternative methods of addressing parking requirements within Old Town Tustin that would promote business attraction and economic development in the area. The Tustin City Council formally received the Old Town Parking Study and directed staff to begin implementing the various parking alternatives discussed within that document for the commercial area of Old Town. Proposed Code Amendment 09-004 (Ordinance No. 1373) would implement innovative parking solutions and modify the City's standard parking requirements to: 1) Reduce restaurant parking requirements for Old Town Tustin; and 2) Facilitate the establishment of outdoor restaurant seating areas in Commercial Districts within the City, including Old Town Tustin. Recommendation: That the City Council: 1. Adopt Resolution No. 10-03 to adopt the Negative Declaration prepared for Code Amendment 09-004 (Attachment 1). 2. Introduce and have first reading of Ordinance No. 1373, approving Code Amendment 09-004 to reduce restaurant parking requirements for Old Town Tustin and facilitate the establishment of outdoor restaurant seating areas in the City (Attachment 2). 3. Direct staff to prepare an additional amendment to the Tustin City Code to discourage drive-thru businesses within the commercial areas of Old Town. Joint City Council & Redevelopment Agency Meeting January 5, 2010 Agenda Page 3 of 8 RESOLUTION NO. 10-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION FOR CODE AMENDMENT 09-004, AMENDING CHAPTER 2, SECTION 9263 OF ARTICLE 9 OF THE TUSTIN CITY CODE AND ADDING SECTION 9277 TO CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING NEW RESTAURANT PARKING AND OUTDOOR SEATING REQUIREMENTS FOR OLD TOWN AND COMMERCIAL AREAS OF TUSTIN. ORDINANCE NO. 1373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 09-004 AMENDING SECTION 7210 OF PART 1 OF CHAPTER 2 OF ARTICLE 7 PERTAINING TO OBSTRUCTING STREETS, SIDEWALKS, ALLEYS AND OTHER PUBLIC PROPERTY, AMENDING SECTION 9233c(g) OF PART 3 OF CHAPTER 2, OF ARTICLE 9 TO PROHIBIT DRIVE-THROUGH RESTAURANTS WITHIN THE OLD TOWN AREA, AMENDING PORTIONS OF SECTION 9263 OF PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE PERTAINING TO PARKING REQUIREMENTS FOR RESTAURANTS IN OLD TOWN AND ADDING SECTION 9277 TO PART 7 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING NEW OUTDOOR RESTAURANT SEATING AREA REQUIREMENTS FOR ALL COMMERCIAL DISTRICTS IN TUSTIN CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council 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 10) 3. APPROVAL OF MINUTES -REGULAR MEETING OF DECEMBER 1, 2009 Recommendation: Approve the Action Minutes of the Regular City Council Meeting held on December 1, 2009. 4. APPROVAL OF MINUTES - REGULAR REDEVELOPMENT AGENCY MEETING OF DECEMBER 1, 2009 Recommendation: Approve the Redevelopment Agency Action Minutes of December 1, 2009. Joint City Council & Redevelopment Agency Meeting January 5, 2010 Agenda Page 4 of 8 5 6. 7. 8. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $2,089,951.10, $185,051.77, $1,361,248.54, $15,450.46, $545,036.25, $505,573.48, and $2,013,964.12, reversal in the amount of $89,424.18, and Payroll in the amounts of $764,523.14, and $710,466.98. PLANNING ACTION AGENDA -DECEMBER 8, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. CONSIDERATION OF CLAIM OF ZAHIDA BEG, CLAIM NO. 09-39 The Claimant alleges that her sewer lateral was damaged due to root infestation from a nearby City-owned tree. Recommendation: That the City Council deny Claim Number 09-39, Zahida Beg, and direct Staff to send notice thereof to the Claimant. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides an update of redevelopment related projects on a monthly basis. Recommendation: Receive and File. 9. AUTHORIZING THE CITY OF TUSTIN TO APPLY FOR A PROPOSITION 84 FUNDING PROGRAM GRANT AND DESIGNATION OF THE ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO SUBMIT AN APPLICATION TO THE STATE OF CALIFORNIA construction costs. A resolution authorizing the City to apply for the grant must be approved by the City Council to accompany the grant application due January 7, 2010. The Public Works Department is pursuing a state grant funded through Proposition 84 to offset a portion of the Rawlings Reservoir CIP No. 6136 Recommendation: It is recommended that the City Council approve Resolution No. 10-06, and authorize the Acting Director of Public Works/City Engineer to execute the application on behalf of the City. Joint City Council 8~ Redevelopment Agency Meeting January 5, 2010 Agenda Page 5 of 8 RESOLUTION NO. 10-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE CITY OF TUSTIN TO APPLY FOR A PROPOSITION 84 FUNDING PROGRAM GRANT AND DESIGNATION OF THE ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO SUBMIT AN APPLICATION TO THE STATE OF CALIFORNIA 10. FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT FOR MCAS TUSTIN REDEVELOPMENT PROJECT AFFORDABLE HOUSING OBLIGATIONS The proposed First Amendment to the Reimbursement Agreement will clarify funding assistance for development of affordable housing units within the MCAS Tustin Redevelopment Project Area. Recommendation: It is recommended that the Tustin Community Redevelopment Agency ("Agency"): Adopt RDA Resolution No. 10-02 approving and authorizing the execution of a "First Amendment to the Reimbursement Agreement Between the City of Tustin and the Tustin Community Redevelopment Agency Related to Affordable Housing Responsibilities To Be Assumed by the Agency" ("Amended Reimbursement Agreement'). It is recommended that the Tustin City Council ("City"): Adopt Resolution No. 10-10 approving and authorizing the execution of the Amended Reimbursement Agreement. RESOLUTION NO. 10-02 RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH THE CITY OF TUSTIN RESOLUTION NO. 10-10 RESOLUTION OF THE CITY OF TUSTIN AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 15) Joint City Council & Redevelopment Agency Meeting January 5, 2010 Agenda Page 6 of 8 11. ORDINANCE NO. 1369, RECOMMENDING ADOPTION OF THE OFFICIAL ZONING MAP OF THE CITY OF TUSTIN The boundaries of the zoning districts designated and established in the City of Tustin's adopted Zoning Code are required by Tustin City Code Section 9213c to be illustrated on a map entitled "Zoning Map of the City of Tustin." Staff has finalized the GIS version of the "Zoning Map of the City of Tustin" and is proposing Ordinance No. 1369 for the Tustin City Council to formally adopt that map as the official illustrative "Zoning Map of the City of Tustin." The proposed Zoning Map is clearer, more accurate, uses color gradations to depict land use intensity, and now includes a legend that identifies the location of all Specific Plan neighborhoods approved within the City. Recommendation: Have second reading by title only and adoption of Ordinance No. 1369 (roll call vote). ORDINANCE NO. 1369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DESIGNATING THE OFFICIAL ZONING MAP OF THE CITY OF TUSTIN. 12. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY The California Government Code, as amended, requires that Cities annually adopt their Investment Policy. This legislative action was in response to the Orange County bankruptcy. It requires the elected body and the Treasurer to review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. Recommendation: 1. Adopt the City of Tustin Investment Policy for calendar year 2010. 2. Continue delegation of the Investment Policy to G. W. Jeffries and Associates. 13. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND SIGNING OF AGREEMENT BETWEEN THE CITY OF TUSTIN AND G. W. JEFFRIES AND ASSOCIATES, INC. The City Council is asked to consider Resolution No. 10-08 appointing George W. Jeffries as City Treasurer and approving his personal services agreement for one year. Recommendation: That the City Council adopt Resolution No. 10-08 appointing George W. Jeffries as City Treasurer and authorizing the Mayor to sign the Joint City Council & Redevelopment Agency Meeting January 5, 2010 Agenda Page 7 of 8 attached Agreement for the Services of George W. Jeffries. RESOLUTION NO 10-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPOINTING GEORGE W JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2010 14. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 15. 2010 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and County committees. Recommendation: Receive and file. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council and Redevelopment Agency is scheduled for Tuesday, January 19, 2010 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. Joint City Council & Redevelopment Agency Meeting January 5, 2010 Agenda Page 8 of 8