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Home My WebLink About00 CC AGENDA 3-2-10CITY OF TUSTIN JOINT REGULAR MEETING OF THE ~ CITY COUNCIL AND REDEVELOPMENT ~'~"' AGENCY ~ ~y~ John Nielsen, Mayor Pro Tem Doug Davert, Councilmember Jim Palmer, Councilmember Jerry Amante, Mayor Deborah Gavello, Councilmember MARCH 2, 2010 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. a~ _ _ ~~ CALL TO ORDER -Meeting #2231 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 § 54956.9(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 et al., Case No. 30-2008-00228855-CU-WM-CXC, Orange County Superior Court • Tustin Unified School District v. City of Tustin et al, Case No. 30-2010- 00345476, Orange County Superior Court C: LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Kristi Recchia, Director of Human Resources and NOTE: As required by Senate Bi11343, any non-confidential writings or documenfs 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. Peter Brown, Liebert Cassidy Whitmore Em plo yee Org anization: Tustin Municipal Employees Association (TMEA) Em plo yee Org anization: Tustin Police Officers Association (TPOA) Emp lo yee Org anization: Tustin Police Support Service Association (TPSSA) Em plo yee Org anization: Tustin Police Management Association (TPMA) Emp lo yee Org anization: Part-Time Unrepresented Employees Emp lo yee Org anization: Unclassified Confidential Employees Emp lo yee Org anization: Management and Supervisory Emp lo yee Org anization: Executive Management JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. ~~ ~ CALL TO ORDER -Meeting #2231 INVOCATION -Eric Wakeling, Calvary Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Nielsen ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATION • Presentation by Tustin Community Foundation President-Elect Chuck Puckett 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 related to land use or fees. (Agenda Items 1-3) City Council/Redevelopment Agency March 2, 2010 Meeting Agenda Page 2 of 6 1. APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 09-025 TO ALLOW A RESTAURANT EXPANSION, INCREASED SEATING, OUTDOOR DINING, AND MODIFIED BUSINESS HOURS On January 26, 2010, the Planning Commission adopted Resolution No. 4140, approving Conditional Use Permit (CUP) 09-025 to allow a restaurant expansion, increased seating, new outdoor dining area, and modified business hours for an existing restaurant (Jalapenos) located at 450 E. First Street. On February 4, 2010, Councilmember Gavello appealed the Planning Commission's decision due to concerns related to additional seating and the availability of parking spaces for employees and customers. Recommendation: The City Council may take the following actions: • Adopt Resolution No. 10-26 upholding the Planning Commission's approving Conditional Use Permit 09-25; • Remand the matter back to the Planning Commission for further discussion and investigation of alternatives; or • Direct staff to prepare findings supporting City Council denial of CUP 09- 025. 2. CODE AMENDMENT 10-001 (ORDINANCE NO. 1378), PROHIBITING DRIVE- IN AND DRIVE-THRU ESTABLISHMENTS WITHIN COMMERCIAL AREAS OF OLD TOWN TUSTIN On January 5, 2010, the Tustin City Council adopted Ordinance No. 1373 to: 1) reduce restaurant parking requirements for Old Town Tustin; and 2) facilitate the establishment of outdoor restaurant seating areas in Commercial Districts throughout the City, including Old Town Tustin. At that time, the City Council also directed staff to implement the Planning Commission's recommendation to eliminate drive-thru establishments as a conditional-y permitted use within the commercial areas of Old Town. Code Amendment 10-001 (Ordinance No. 1378) has been prepared to implement this direction. Recommendation: That the City Council introduce and have first reading of Ordinance No. 1378, amending Section 9233 of Part 3 of Chapter 2 of Article 9, prohibiting drive-in and drive-thru establishments in Old Town Tustin (Attachment A). ORDINANCE NO. 1378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 10- 001, AMENDING SECTION 9233 OF PART 3 OF CHAPTER 2 OF ARTICLE 9 PERTAINING TO THE PROHIBITION OF DRIVE- IN AND DRIVE THRU ESTABLISHMENTS IN OLD TOWN TUSTIN 3. SPECIFIC PLAN AMENDMENT 10-001 (ORDINANCE NO. 1379), MINOR TEXT AMENDMENTS City Council/Redevelopment Agency March Z, 2010 Meeting Agenda Page 3 of 6 On February 3, 2003, the Tustin City Council adopted the MCAS Tustin Specific Plan to establish development regulations and procedures for reuse of the former Marine Corps Air Station (MCAS) Tustin. The MCAS Tustin Specific Plan divides the former base into Planning Areas. Planning Area 1 is planned to support various educational/institutional uses including the South Orange County Community College District (SOCCCD) Advanced Technology and Education Park (ATEP). The City of Tustin is now proposing minor text amendments to the MCAS Tustin Specific Plan through proposed Specific Plan Amendment (SPA) 10-001 that would clarify existing Specific Plan language pertaining to the calculation of gross and net acreage in Planning Area 1 and would provide additional flexibility to allow the submittal of a concept plan for any portion of Planning Area 1. Recommendation: That the City Council introduce and have first reading of Ordinance No. 1379, approving SPA 10-001 implementing minor text amendments of the MCAS Tustin Specific Plan (Attachment A). ORDINANCE NO. 1379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING SPECIFIC PLAN AMENDMENT (SPA) 10- 001 IMPLEMENTING MINOR TEXT AMENDMENTS OF THE MCAS TUSTIN SPECIFIC PLAN. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine 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 4 through 9) 4. APPROVAL OF MINUTES -SPECIAL CITY COUNCIL AND REGULAR MEETING OF THE JOINT CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY HELD ON FEBRUARY 16, 2010 Recommendation: Approve the Action Minutes of the Special City Council and Regular Meeting of the Joint City Council, Redevelopment Agency and Tustin Public Financing Authority held on February 16, 2010. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $278,369.69, $2,092,921.16, and $401,648.51, and Payroll in the amount of $700,111.82. 6. PLANNING ACTION AGENDA -February 23, 2010 City Council/Redevelopment Agency March 2, 2010 Meeting Agenda Page 4 of 6 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 7. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the third and fourth quarters of 2009. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the third and fourth quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: Receive and file. 8. DECLARATION OF SURPLUS EQUIPMENT Declare city equipment as detailed in attached report as surplus in accordance with Section 1626a(2) of the Tustin City Code and authorize their sale at public auction. Recommendation: 1. Declare, in accordance with the Tustin City Code -Section 1626a (2), the attached itemized list of equipment as surplus and not required for public use; and, 2. Authorize the Public Works Department to sell the equipment listed at the next available public auction. 9. 2009 SOLID WASTE CONTRACT STATUS REPORT CR&R, Inc has submitted its required annual report for 2009. Staff has completed a review of the data included in the report and is providing a summary report of the City's solid waste program. Overall waste volume was down 6.7% in 2009 from the 72,446 tons collected in 2008. Single family collection volume remained virtually the same as 2008 while multifamily collections were down by 6.5%. While overall roll off recycling decreased from 2008 to 2009, CR&R still attained the 50% diversion requirement. Recommendation: Receive and file. City Council/Redevelopment Agency March 2, 2010 Meeting Agenda Page 5 of 6 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Item 10) 10. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting is scheduled for Tuesday, March 16, 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/Redevelopment Agency March 2, 2010 Meeting Agenda Page 6 of 6