HomeMy WebLinkAbout00 CC AGENDA 01-19-10CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL
John Nielsen, Mayor Pro Tem
Doug Davert, Councilmember
Jim Palmer, Councilmember
Deborah Gavello, Councilmember
JANUARY 19, 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 #2228
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 § 54956.9(a)] -Two Cases
• City of Newport Beach and City of Tustin v. City of Irvine, City Council of the
City of Irvine, et al. -Orange County Superior Court Case No. 070001264
• City of Tustin v. Thomas Fitterer -Orange County Superior Court Case
No.30-2008-00113700
C. LABOR NEGOTIATIONS [Government Code Section 54957.6]
Agency NeQOtiators: Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
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.
Emp loy ee Org anization: Tustin Municipal Employees Association (TMEA)
Emp lo yee Org anization: Tustin Police Officers Association (TPOA)
Emp lo yee Org anization: Tustin Police Support Service Association (TPSSA)
Emp lo yee Org anization: Tustin Police Management Association (TPMA)
Em plo yee Org anization: Part-Time Unrepresented Employees
Em plo yee Org anization: Unclassified Confidential Employees
Em plo yee Org anization: Management and Supervisory
Em plo yee Org anization: Executive Management
REGULAR CITY COUNCIL MEETING
7:00 P.M.
~~ ~~
CALL TO ORDER -Meeting #2228
INVOCATION - Fr. Thomas Nguyen, St. Cecilia Catholic Church
PLEDGE OF ALLEGIANCE -Mayor Amante
ROLL CALL -City Clerk Stoker
CLOSED SESSION REPORT -City Attorney Holland
PRESENTATIONS
• Proclamation presented by Mayor Amante to Jay Peterson in recognition of the "50
Stars for 50 Years" Golden Anniversary
• Proclamation presented by Mayor Amante to George Vallevieni in recognition of the
10t" Anniversary of the Santa Sleigh program
• Presentation by the Tustin Police Department SWAT Team
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.
JOINT 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
Item 1)
City Council Meeting January 19, 2010
Agenda Page 2 of 11
1. SALE OF AGENCY OWNED PROPERTIES AT 14741 AND 14751 NEWPORT
AVENUE AND THEIR PURCHASE BY THE CITY OF TUSTIN
The action requests approval of the Tustin Community Redevelopment
Agency's sale of properties located at 14741 and 14751 Newport Avenue
('subject properties") and the purchase of the subject properties by the City of
Tustin.
Recommendation:
That the Tustin City Council:
1. Adopt Resolution No. 10-12 finding that the Project is within the scope of
a previously approved Environmental Impact Report (EIR) 90-01 and
Supplement No. #1 to the Final EIR 90-01 and that no additional
environmental analysis, action or document is required by CEQA.
2. Adopt Resolution No. 10-04 Making Findings Pursuant to Health and
Code Section 33433 for the Sale of Properties Purchased by the Tustin
Community Redevelopment Agency of the City of Tustin Using Housing
Set Aside Tax Increment Moneys Located at 14741 and 14751 Newport
Avenue within the South Central Project Area authorizing the Agency's
sale of the subject properties to the City and authorizing the City
Manager or Assistant City Manager to execute all necessary documents
and take all actions necessary to implement the Agency's sale and the
City's purchase of the subject properties.
3. Appropriate $533,000 from the current unappropriated fund balance in
the CIP fund for the City's acquisition of the subject properties and upon
closing of the subject transaction, and subtraction of any transaction
costs from the purchase price, authorize the City to deposit such funds
into the South Central Redevelopment Project Area Low and Moderate
Income Housing Set Aside Fund, minus any transaction costs.
That the Tustin Community Redevelopment Agency:
1. Adopt RDA Resolution No. 10-03 finding that the Project is within the
scope of a previously approved Environmental Impact Report (EIR) 90-
01 and Supplement No. #1 to the Final EIR 90-01 and that no additional
environmental analysis, action or document is required by CEQA.
2. Adopt RDA Resolution No. 10-01 Making Findings Pursuant to Health
and Code Section 33433 for the Sale of Properties Purchased by the
Tustin Community Redevelopment Agency of the City of Tustin Using
Housing Set Aside Tax Increment Moneys Located at 14741 and 14751
Newport Avenue Within the South Central Project Area authorizing the
Agency's sale of the Subject Properties to the City and authorizing the
Executive Director or Assistant Executive Director to execute all
City Council Meeting January 19, 2010
Agenda Page 3 of 11
necessary documents and take all actions necessary to implement the
Agency's sale and the City's purchase of the subject properties.
RESOLUTION NO. 10-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO PUBLIC
RESOURCES CODE SECTION 2116 AND SECTION 15168(c)
OF STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE
SCOPE OF THE FINAL ENVIRONMENTAL IMPACT REPORT
(EIR) 90-1 AND FINAL SUPPLEMENT #1 TO EIR 90-1 AND NO
NEW ENVIRONMENTAL DOCUMENT IS REQUIRED;
APPLICABLE MITIGATION MEASURES HAVE BEEN
INCORPORATED INTO THE PROJECT
RESOLUTION NO. 10-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN MAKING FINDINGS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33433 FOR THE SALE OF
PROPERTIES PURCHASED BY THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN USING
HOUSING SET ASIDE TAX INCREMENT MONEYS LOCATED
AT 14741 AND 14751 NEWPORT AVENUE WITHIN THE SOUTH
CENTRAL REDEVELOPMENT PROJECT AREA AND
AUTHORIZING THE PURCHASE OF THE SUBJECT
PROPERTIES BY THE CITY OF TUSTIN
RDA RESOLUTION NO. 10-03
A RESOLUTION OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT PURSUANT TO PUBLIC
RESOURCES CODE SECTION 2116- AND SECTION 15168(c)
OF STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE
SCOPE OF THE FINAL ENVIRONMENTAL IMPACT REPORT
(EIR) 90-1 AND FINAL SUPPLEMENT #1 TO EIR 90-1 AND NO
NEW ENVIRONMENTAL DOCUMENT IS REQUIRED;
APPLICABLE MITIGATION MEASURES HAVE BEEN
INCORPORATED INTO THE PROJECT
RDA RESOLUTION NO. 10-01
A RESOLUTION OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY MAKING FINDINGS PURSUANT
TO HEALTH AND SAFETY CODE SECTION 33433 FOR THE
SALE OF PROPERTIES PURCHASED BY THE AGENCY USING
HOUSING SET ASIDE TAX INCREMENT MONEYS LOCATED
AT 14741 AND 14751 NEWPORT AVENUE WITHIN THE SOUTH
CENTRAL REDEVELOPMENT PROJECT AREA AND
AUTHORIZING THE SALE OF THE SUBJECT PROPERTIES TO
THE CITY OF TUSTIN
City Council Meeting January 19, 2010
Agenda Page 4 of 11
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 2 through 12)
2. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON JANUARY 5, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on January 5, 2010
3. APPROVAL OF MINUTES -SPECIAL MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOMENT AGENCY HELD ON JANUARY 7, 2010
Recommendation: Approve the Action Minutes of the Special Meeting of the
Joint City Council and Redevelopment Agency held on January 5, 2010
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $532,536.97,
$481,283.51, $19,237.75, $293,354.57, and Payroll in the amounts of
$712,608.71 and $1,089.371.26.
5. PLANNING ACTION AGENDAS -JANUARY 12, 2010
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Receive and file.
6. ADOPTION OF RESOLUTION NO. 10-01 ESTABLISHING PRIMA FACIE
SPEED LIMITS ON CITY STREETS
Adoption of Resolution No. 10-01 will establish speed limits on certain streets
throughout the City of Tustin based upon an engineering and traffic survey as
required by the California/Vehicle Code.
Recommendation: Adopt Resolution No. 10-01 establishing Prima Facie Speed
Limits on certain streets throughout the City of Tustin.
RESOLUTION 10-01 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE
City Council Meeting January 19, 2010
Agenda Page 5 of 11
SPEED LIMITS ON CERTAIN CITY STREETS
7. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE RED HILL AVENUE PARKING BAY AT
PINE TREE PARK CIP NO. 2063 AND SAN JUAN STREET SIDEWALK CIP
NO. 7198
The plans and specifications for the Red Hill Avenue Parking Bay at Pine Tree
Park CIP No. 2063 and San Juan Street Sidewalk CIP No. 7198 have been
prepared and the projects are now ready to be bid.
Recommendation: Adopt Resolution No. 10-11 approving the plans and
specifications for the Red Hill Avenue Parking Bay at Pine Tree Park CIP No.
2063 and San Juan Street Sidewalk CIP No. 7198, and authorizing and
directing the City Clerk to advertise for bids.
RESOLUTION 10-11 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE RED HILL AVENUE PARKING BAY AT
PINE TREE PARK CIP NO. 2063 AND SAN JUAN STREET SIDEWALK
CIP NO. 7198, AND AUTHORIZING ADVERTISEMENT FOR BIDS
8. ADOPTION OF AN ENERGY EFFICIENCY AND CONSERVATION
STRATEGY
In order to be eligible to receive grant funding under the Energy Efficiency and
Conservation Block Grant (EECBG) Program, all entities receiving direct
formula grants from the U.S. Department of Energy are required to develop an
Energy Efficiency and Conservation Strategy (EEGs). The EECS identifies
strategies to achieve the purposes of the EECBG program. The City of Tustin's
total eligible grant allocation is $677,300. Presently, the application process has
secured $30,000 of the allocation to develop our Energy Efficiency and
Conservation Strategy (EECS) attached for City Council consideration.
Recommendation: Adopt Resolution No. 10-14 adopting the Energy Efficiency
and Conservation Strategy and authorizing acceptance and execution of the
EECGB upon award by the U.S. Department of Energy.
RESOLUTION NO. 10-14 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE ENERGY
EFFICIENCY AND CONSERVATION STRATEGY AND AUTHORIZING
ACCEPTANCE AND EXECUTION OF THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT (EECGB) UPON AWARD BY THE
U.S. DEPARTMENT OF ENERGY.
9. STATUS REPORT ON THE TUSTIN METROLINK STATION PARKING
STRUCTURE PROJECT CIP NO. 1062
On February 3, 2009, the City Council approved Cooperative Agreement No. C-
City Council Meeting January 19, 2010
Agenda Page 6 of 11
7-1195 with the Orange County Transportation Authority (OCTA) to enable
OCTA to proceed with the design and construction of a parking structure at the
Tustin Metrolink Station. The OCTA retained the services of Watry Design, Inc.
for design of the project and a Project Development Team was assembled.
Plans are currently being prepared and construction is expected to begin in
June 2010. The parking structure is expected to be completed within twelve (12)
to fifteen (15) months.
Recommendation: Receive and file.
10. STATUS REPORT ON THE CITY OF TUSTIN'S NATIONAL POLLUTANT
DISCHARGE ELEMINATION SYSTEM (NPDES) PROGRAM
The 1972 Clean Water Act and 1987 amendments, established requirements for
storm water discharges under the National Pollution Discharge Elimination
System (NPDES) permit program. The NPDES permit mandates stormwater
management programs to address the challenges of preventing stormwater
pollution. Under this permit, the City is held accountable for the water quality in
our storm drains, flood channels and ultimately, the Newport Back Bay. The
permit sets out strict requirements for stormwater pollution prevention,
particularly in the areas of construction and development. It also addresses
pollutant sources from commercial activities. The city is responsible for street
sweeping, public storm drains, catch basin cleaning and terminating any illicit
discharges that enter our receiving waters.
Recommendation: Receive and file as an information item.
11. REJECTION OF BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE
AND INSTALLATION AT LAUREL GLEN AND MAGNOLIA TREE PARKS (CIP
NO. 2064)
City staff is recommending that the City Council reject all bids for the project at
this time. The City received eleven bids for this project. City staff will revise
plans and specifications and bring this project back to the City Council at a
future date.
Recommendation: Reject all bids received on the Purchase and Installation of
Park Playground Equipment at Laurel Glen and Magnolia Tree Parks Project
(CIP No. 2064), and direct staff to revise the plans and specifications.
12. ORANGE COUNTY COUNCIL OF GOVERNMENTS AMENDED AND
RESTATED JOINT POWERS AGREEMENT
The Orange County Council of Governments (OCCOG) is a 40-member joint
powers authority comprised of Orange County cities and agencies that serves
as an official subregion of the Southern California Association of Governments
(SCAG). Mayor Pro Tem Nielsen currently serves as an OCCOG Board
Member.
City Council Meeting January 19, 2010
Agenda Page 7 of 11
In 2009, the OCCOG Board of Directors completed a comprehensive revision to
the original 1996 OCCOG joint powers agreement provisions. The amended
and restated OCCOG joint powers agreement provides the authority for
OCCOG to establish annual membership dues and retain staff and consultants
to provide administrative and technical support to the organization in
accomplishing the various duties required of a SCAG subregion.
Continued membership in OCCOG will effectively serve and protect the
interests of the community. By executing the amended and restated joint
powers agreement, the City will be able to achieve economies of scale and cost
effectiveness in monitoring and addressing regional housing, transportation,
land use, and other regional issues and maintaining a coordinated Orange
County voice through OCCOG's representatives.
Recommendation:
1. Adopt Resolution No. 10-15 approving and executing an amended and
restated Orange County Council of Governments (OCCOG) Joint Powers
Agreement.
2. Authorize the Mayor to execute the amended and restated Joint Powers
Agreement, and transmit the signed OCCOG Joint Powers Agreement to
the OCCOG Interim Executive Director.
RESOLUTION NO. 10-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, EXECUTING AN AMENDED AND
RESTATED ORANGE COUNTY COUNCIL OF GOVERNMENTS
JOINT POWERS AGREEMENT
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring
discussion. (Agenda Items 13 through 17)
13. ADOPTION OF A RESOLUTION REQUESTING THAT THE GOVERNOR
CANCEL THE PROPOSED SALE OF THE ORANGE COUNTY
FAIRGROUNDS
That the City Council adopt Resolution No. 10-13 requesting that the Governor
cancel the proposed sale of the Orange County Fairgrounds.
Recommendation: Pleasure of the Council.
RESOLUTION NO. 10-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REQUESTING THAT GOVERNOR
City Council Meeting January 19, 2010
Agenda Page 8 of 11
SCHWARZENEGGER IMMEDIATELY CANCEL THE SALE OF
THE ORANGE COUNTY FAIRGROUNDS
14. 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.
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: Have second reading by title only and adoption of Ordinance
No. 1372 (roll call vote).
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
15. 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
City Council Meeting January 19, 2010
Agenda Page 9 of 11
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: Have second reading by title only and adoption of Ordinance
No. 1373 (roll call vote).
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
16.
17
LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
FISCAL YEAR 2009-2010 MIDYEAR BUDGET REVIEW
The following is staffs review of the City's first six months of operations under
the adopted FY 2009-10 Budget, projecting revenues and expenditures through
the fiscal year end. A presentation will be presented at the City Council's budget
workshop that will highlight key figures and assumptions.
Recommendation: Approve the following adjustments to the authorized FY
2009-10 budget:
a. Approve a supplemental appropriation of $64,400 from the
unappropriated reserves of the Supplemental Law Enforcement Fund to
City Council Meeting January 19, 2010
Agenda Page 10 of 11
cover the cost of the communications equipment.
b. Approve a supplemental appropriation of $15,000 from the
unappropriated reserves of the Asset Forfeiture Fund to cover the costs
of storage lockers.
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council
ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday,
February 2, 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.
City Council Meeting January 19, zU1u
Agenda Page 11 of 11