The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 3.21.17CITY OF TUSTIN REGULAR MARCH 21, 2017 MEETING OF THE CITY COUNCIL COMMUNITY CENTER 300 CENTENNIAL WAY, TUSTIN Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, Councilmember Jeffrey C. Parker, City Treasurer REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2408 INVOCATION — Councilmember Puckett PLEDGE OF ALLEGIANCE — Councilmember Clark PRESENTATIONS — ■ Marine Aircraft Group 39 Noncommissioned Officer of the Quarter: Corporal Evans ■ Marine Aircraft Group 39 Marine of the Quarter: Lance Corporal Frost ■ Rodgers Center for Holocaust Education 18th Annual Holocaust Art and Writing Contest ■ Tustin High School T -Tech Academy of Technology & Engineering: Lemelson-MIT InvenTeam Program ■ National Child Abuse Prevention Month ■ Jabberwocky Commendation Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the meeting are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. 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. 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 1 through 4) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 7, 2017. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 7, 2017. 3. RATIFICATION OF PAYROLL AND DEMANDS The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: That the City Council approve Payroll in the amount of $698,056.26; and Demands in the amount of $3,368,987.78. 4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE RED HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS PROJECT FROM BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS. 70197, 70226 & 70227 The plans and specifications for the Red Hill Avenue Widening and Median Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227 have been prepared and the project is ready to be bid. City Council March 21, 2017 Meeting Agenda Page 2 of 6 Recommendation: That the City Council: 1. Adopt Resolution No. 17-03 approving the plans and specifications for the Red Hill Avenue Widening and Median Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 17-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE RED HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS PROJECT FROM BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS. 70197, 70226 & 70227 AND AUTHORIZING ADVERTISEMENT FOR BIDS PUBLIC HEARING ITEMS 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 5-6) 5. CODE AMENDMENT 2017-001 (ORDINANCE NO. 1478) RELATED TO MARIJUANA ACTIVITY Code Amendment (CA) 2017-001 would amend the Tustin City Code (TCC) as required by the passage of Proposition 64, the Adult Use of Marijuana Act (the "Act"). CA 2017-001 would amend the TCC so that it does not prohibit activity and/or uses that are expressly permitted pursuant to the Act. CA 2017-001 would expressly prohibit marijuana dispensaries as a land use by banning such activity in all zoning districts, and would also prohibit marijuana dispensaries as a business activity. On February 28, 2017, the Planning Commission adopted Resolution No. 4335 recommending that the Tustin City Council adopt Ordinance No. 1478, amending TCC Sections 3141, 3152, 9270c and 9297 relating to the regulation of marijuana activity in the City. Recommendation: That the City Council: That the Tustin City Council introduce and have first reading of Ordinance No. 1478, approving CA 2017-001 by amending TCC Sections 3141, 3152, 9270c and 9297 relating to the regulation of marijuana activity in the City and set a second reading for the next City Council meeting. City Council March 21, 2017 Meeting Agenda Page 3 of 6 ORDINANCE NO. 1478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 3141, 3152, 9270 AND 9297 TO UPDATE THE CITY'S BUSINESS AND LAND USE REGULATIONS PERTAINING TO MARIJUANA ACTIVITY 6. CODE AMENDMENT 2017-002 (ORDINANCE NO. 1479), ACCESSORY DWELLING UNITS Code Amendment 2017-002 proposes to amend Article 9 Chapter 2 of the Tustin City Code, related to accessory dwelling units (formerly referred to as second residential units), in compliance with State law. On February 28, 2017, the Planning Commission adopted Resolution No. 4337, recommending that the Tustin City Council adopt Ordinance No. 1479, approving Code Amendment 2017-002. (Applicant: City of Tustin) Recommendation: That the City Council introduce and have first reading of Ordinance No. 1479, approving Code Amendment (CA) 2017-002 by amending Article 9 Chapter 2 of the Tustin City Code (TCC) to: 1. Continue to allow new accessory dwelling units of up to 600 square feet in size on any residentially zoned lot in the Cultural Resource (CR) District regardless of lot size; 2. Allow new accessory dwelling units on residential lots of at least 10,000 square feet in size in other residential areas of the City; and, 3. Allow new accessory dwelling units within existing single-family dwellings and existing accessory buildings in all single-family zones, pursuant to State law. 4. And, set a second reading for the next City Council meeting. ORDINANCE NO. 1479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252jj AND 9288a7 AND AMENDING TUSTIN CITY CODE SECTIONS 9222a5, 9222b2, 9223a7, 9223b2, 9224b1, 9244d8, 9252j2, 92638, 9264b, 9297, and 9299b1(i) RELATING TO ACCESSORY DWELLING UNITS. City Council March 21, 2017 Meeting Agenda Page 4 of 6 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 7-8) 7. ADOPTION OF URGENCY ORDINANCE NO. 1477 REVISING THE WATER MANAGEMENT PLAN AND CONDUCT FIRST READING OF REGULAR ORDINANCE NO. 1477 The state of California has been experiencing severe drought conditions for the last five years. However, conditions have improved over the last three months, prompting a review of the City's Water Management Plan. Ordinance No. 1477 revises the City's Water Management Plan to incorporate the Governor's permanent water use restrictions and modifies the conservation stages to provide the City Council a more gradual approach to implementing these restrictions when needed in the future. Recommendation: That the City Council: 1. Adopt by a 4/5ths roll call vote Ordinance No. 1477 on an urgency basis to revise the City's Water Management Plan; and 2. Conduct the first reading by title only of Ordinance 1477 and direct staff to schedule a public hearing at the next regular meeting of the City Council for second reading and adoption. 3. Direct staff to rescind the Stage 2 designation effective immediately. ORDINANCE NO. 1477 AN ORDINANCE OF THE CITY COUNCIL CALIFORNIA, FINDING AND DETERMINING AMENDING THE WATER MANAGEMENT PLAN 8. LEGISLATIVE UPDATE OF THE CITY OF TUSTIN, THE NECESSITY FOR AND Staff has prepared an update of proposed key legislative items. Recommendation: At the direction of the City Council. OTHER BUSINESS/COMMITTEE REPORTS City Council March 21, 2017 Meeting Agenda Page 5 of 6 CLOSED SESSION MEETING OF THE CITY COUNCIL (Following Regular Meeting of the City Council) CLOSED SESSION UPDATE — City Attorney David E. Kendig 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: 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — One case A. City of Tustin v. Mira Properties, LLC et al.; OCSC Case No. 30-2014- 00734190-CU-MC-CJC. ADJOURNMENT — The next meeting scheduled is on Tuesday, April 4, 2017 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Community Center, 300 Centennial Way, Tustin, California. City Council March 21, 2017 Meeting Agenda Page 6 of 6