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Home My WebLink AboutCC Minutes 2010 01-05MINUTES OF THE REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY TUSTIN, CALIFORNIA JANUARY 5, 2010 CALL TO ORDER MEETING #2226 AT 5:30 p.m. ATTENDANCE Present: Mayor Jerry Amante, Mayor Pro Tem John Nielsen, and Council Members Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: William A. Huston, City Manager and Douglas C. Holland, 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: 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 C. INITIATION OF LITIGATION [Govt. Code Section § 54856.9(c)] -Two Cases RECESSED - At 5:32 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENED: At 6:59 p.m. City Council reconvened in public session with the same members present. Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 1 of 10 JOINT REGULAR CITY COUNCIL & REDEVELOPMENT AGENCY MEETING CALL TO ORDER -Meeting #2226 at 7:00 p.m. INVOCATION - Fr. AI Baca, St. Cecilia's Church; American Legion COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE -American Legion ROLL CALL -City Clerk Stoker Present: Mayor Jerry Amante, Mayor Pro Tem John Nielsen, and Council Members Doug Davert, Jim Palmer and Deborah Gavello Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: William A. Huston, City Manager and Douglas C. Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland reported that the City Council provided staff direction and took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT • Nick Dao spoke regarding the affordable housing program; staff confirmed that matter being handled via administrative process PUBLIC HEARING ITEMS 1. 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 Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 2 of 10 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. Public Hearing opened at 7:10 p.m. Public Hearing closed at 7:11 p.m. with no comments from the public. Motion: It was moved by Councilmember Davert, seconded by Councilmember Palmer to 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 and set Ordinance 1372 for second reading at the Council's next regularly scheduled meeting. 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 Motion carried 5-0. 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: Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 3 of 10 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. Dana Ogdon, Assistant Director of Community Development, gave a brief presentation. Public Hearing opened at 7:22 Public Hearing closed at 7:22 with no comments from the public. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Nielsen to adopt staff recommendation and set second reading of Ordinance 1373 for next regularly scheduled City Council meeting. 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 Motion carried 5-0. Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 4 of 10 CONSENT CALENDAR - It was moved by Councilmember Palmer, seconded by Councilmember Davert, to pull consent calendar items 8 and 9 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES -REGULAR MEETING OF DECEMBER 1, 2009 Motion: Approve the Action Minutes of the Regular City Council Meeting of December 1, 2009. 4. APPROVAL OF MINUTES - REGULAR REDEVELOPMENT AGENCY MEETING OF DECEMBER 1, 2009 Motion: Approve the Redevelopment Agency Action Minutes of December 1, 2009 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: 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. 6. 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. Motion: Receive and file. 7. 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. Motion: Deny Claim Number 09-39, Zahida Beg, and direct staff to send notice thereof to the Claimant. 8. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides an update of redevelopment related projects on a monthly basis. Councilmember Gavello pulled item for discussion. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to receive and file. Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 5 of 10 Motion carried 5-0. 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 The Public Works Department is pursuing a state grant funded through Proposition 84 to offset a portion of the Rawlings Reservoir CIP No. 6136 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. Councilmember Gavello pulled item for discussion. Motion: It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to approve Resolution No. 10-06, and authorize the Acting Director of Public Works/City Engineer to execute the application on behalf of the City. 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 Motion carried 4-1 (Councilmember Gavello dissented). 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. Motion: 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'). Motion: That the Tustin City Council ("City"): Adopt Resolution No. 10-10 approving and authorizing the execution of the Amended Reimbursement Agreement. Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 6 of 10 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 EXECUTION OF A FIRST AGREEMENT WITH THE AGENCY CITY OF TUSTIN AUTHORIZING THE AMENDMENT TO THE REIMBURSEMENT TUSTIN COMMUNITY REDEVELOPMENT REGULAR BUSINESS ITEMS 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. Motion: It was moved by Councilmember Davert, seconded by Councilmember Palmer to 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. Motion carried 5-0. 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. Pamela Arends-King, Director of Finance, gave a brief presentation. Motion: It was moved by Councilmember Davert, seconded by Councilmember Palmer to adopt the City of Tustin Investment Policy for calendar year 2010. Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 7 of 10 Motion carried 5-0. Motion: It was moved by Councilmember Davert, seconded by Councilmember Palmer to continue delegation of the Investment Policy to G. W. Jeffries and Associates. Motion carried 4-1 (Councilmember Gavello dissented). 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. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Nielsen to adopt Resolution No. 10-08 appointing George W. Jeffries as City Treasurer and authorizing the Mayor to sign the 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 Motion carried 4-1 (Council Member Gavello dissented). 14. LEGISLATIVE REPORT Councilmember Gavello requested that the Council send a letter or resolution of support that the state not sell the Orange County Fairgrounds'and submit to the Governor's office. Councilmember Davert requested that staff review the issue and bring back additional information regarding this item at the next regular council meeting. Mayor Amante concurred with recommendation that staff review the issue. 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. Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Nielsen, to receive and file with the following changes: • Remove Tustin Pride as Parks and Recreation Services now provides representation • Replace Villa Park alternate Mr. Bob Bell with Mr. Jim Rheins as Mr. Bell has retired • Remove Senior Center Liaison as the assignment no longer exists Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 8 of 10 • Councilmember Davert requested that Mayor Pro Tem Nielsen be appointed to serve on the Santa Ana/Tustin Joint Powers Agency (TSIA) as traditionally been composed of Mayor and Mayor Pro Tem Motion carried 5-0. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council Councilmember Davert: • Hoped all had happy holidays and new year, mentioned 2009 was full of challenges for us as the government and many Tustin families; looking forward to 2010 • Recognized Scottie Frazier on her retirement from the Tustin Police Department mentioned her accomplishment on being first female commander in Orange County and expressed she will be missed • Congratulated City Clerk Services Supervisor Patty Estrella • Thanked city staff for a great tree lighting ceremony • Thanked OCTA and Metrolink for Santa Train event • Informed that former Orange County Fire Authority Deputy Chief Pat McIntosh has accepted position as new fire chief in Huntington Beach • Mentioned challenging fiscal situation that will be addressed in midyear budget • Requested an item be agendized for next meeting to recognize the 50 Stars for 50 Years celebration • Congratulated Mayor Amante for taking over as Mayor Councilmember Gavello: • Wished happy new year to colleagues • Met with Orange County Supervisor Moorlach regarding water and selenium issues • Thanked the Police Department for keeping shoppers safe during the holiday season • Spoke to the AP Economics and Government class at Tustin High School • Toured Irvine Valley College with President Glenn Roquemore; students from Tustin High School & Beckman High School are able to take college courses simultaneously; campuses at the Marine base will offer unique classes -nurses program allows students to practice on robots, students will be able to design automobiles Councilmember Palmer • Attended Library Board meeting; where the expectancy of least a 2.5% percent budget cut was discussed; appointed to the Executive, Budget, and Finance committees of that board • Serves as alternate on Orange County Fire Authority board and met with Fire Chief Richter • Thanked Police Chief Scott Jordan for safety during holidays; requested he thank officers on his behalf • As Vice Chair of Orange County Housing Authority endorsed a 200-page report on ending homelessness-will be speaking at the January 12 Board of Supervisors meeting Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 9 of 10 Mayor Pro Tem John Nielsen: • SCAG report-Supervisor Chris Norby presented information regarding fiscalization of land use and property/sales tax swap; attended joint meeting of SCAG/Global Land Use Economic Council regarding SB 375; attended regional council meeting • Newport Bay Watershed Executive Committee-discussed trash boom reinstallation, selenium program and reductions in Upper Newport Bay • Water Advisory Committee of Orange County-Larry Dick was reappointed as chairman; Larry McKenney was appointed as Vice Chairman; viewed presentation on water industry aging work force; Santiago Canyon College has curriculum to attract water industry students; consequences if water bond is not passed • Great to see so many at tree lighting ceremony • Tustin and Beckman High Schools had great season for football; Tustin High School won League championship • Attended Breakfast with Santa to benefit Miss Tustin program which is still looking for sponsors • Daughter Kierstie is one of Tustin High School dance team coaches; holiday program raised a lot of money and had about 500 people attend • Attended AYSO Mayors Cup soccer tournament along with Mayor Amante and Councilmember Davert • Thanked and congratulated Tim Curry and parents and athletes for a great program • Attended Tustin Chamber of Commerce Holiday Open House and Ribbon Cutting • Attended holiday dinner event of the Tustin American Legion; thanked Adrian Morton, the Commander of the Post Mayor Amante: • Thanked the Police Department for keeping the community safe • Thanked the Tustin Community Foundation and Police Department for the Santa Sleigh program • Tustin has a balanced budget, library that is paid for, state of the art police department. Mentioned City of Tustin is on the cutting edge of civic life. • State is in serious trouble--$21 billion shortfall and expecting state raids on local budgets • Mentioned the global land use organization -Council will vigorously fight for our citizens to make sure land use planning decisions happen here in Tustin • Congratulations to Director of Finance Pam Arends-King and City Treasurer George Jeffries for the great job they do • Wished all a happy new year ADJOURN - 8:23 p.m. to Special Meeting of the City Council and Redevelopment Agency on Thursday, January 7, at 4:00 p.m. Will reconvene for regular meeting of the City Council and Redevelopment Agency on 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 Centenn~l Way, Tustin, California. ~ __ J Y A A E, LA STOK , M or City Clerk Joint Regular City Council & Redevelopment Agency Meeting January 5, 2010 Minutes Page 10 of 10