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Home My WebLink About00 CC AGENDA 4.4.17 CITY OF TUSTIN REGULAR APRIL 4, 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 CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER— Meeting #2409 ROLL CALL — City Clerk PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. 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) 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. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (1 case) A. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, Address/Description 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER— Meeting #2409 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — ■ Mothers Against Drunk Drivers (MADD) Deuce Award: Police Officer Javon Smith ■ Gem of Tustin: Sharyn Cable ■ Fair Housing Foundation Month 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. City Council April 4, 2017 Meeting Agenda Page 2 of 6 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 21, 2017. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on March 21, 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 $708,866.18; and Demands in the amount of$3,254,220.07. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third quarter of 2016. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this third quarter reporting period. Average noise levels during the third quarter remained well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses Recommendation: That the City Council receive and file this report. City Council April 4, 2017 Meeting Agenda Page 3 of 6 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 Item 5) 5. SECOND READING AND ADOPTION OF 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 (attached) 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. At the March 21, 2017 City Council meeting, the title was read into record and the Council had first reading and introduction of the following Ordinance: ORDINANCE NO. 1477 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND AMENDING THE WATER MANAGEMENT PLAN Recommendation: That the City Council: 1. Conduct a public hearing to accept public comments; and 2. At the conclusion of the public hearing, have the second reading by title only and adopt by a 4/5ths roll call vote Ordinance No. 1477. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 6-9) 6. WATER CONSERVATION UPDATE - FEBRUARY 2017 As a result of the drought, the City of Tustin is required to provide the State Water Resources Control Board with a monthly report regarding water City Council April 4, 2017 Meeting Agenda Page 4 of 6 consumption and restrictions. This report summarizes the information provided to the State for the month of February 2017 and provides the City Council and the public with general information on previous and upcoming actions taken by the City. Recommendation: That the City Council receive and file this report. 7. SECOND READING AND ADOPTION OF ORDINANCE NO. 1479 (CODE AMENDMENT 2017-002) Ordinance No. 1479 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. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1479. ORDINANCE NO. 1479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 9252h AND 9288a7 AND AMENDING TUSTIN CITY CODE SECTIONS 9222a5, 9222b2, 9223a7, 9223b2, 9224b1, 9244d8, 9252j25 92639, 9264b, 9297, and 9299bl(I) RELATING TO ACCESSORY DWELLING UNITS. 8. CONTINUED PUBLIC HEARING - CODE AMENDMENT 2017-001 (ORDINANCE NO. 1478) RELATED TO MARIJUANA ACTIVITY On March 21, 2017, this item was considered by the City Council, at which time a question arose from Councilmember Gomez as to the consistency of the language of the proposed ordinance. At that time, City Council voted to continue this item in order to allow the City Attorney time to review and address the issue. After conferring with Councilmember Gomez further, it was determined that the language of proposed ordinance was consistent and does not require modification, but that an additional agenda report to clarify the difference between state law and proposed Ordinance No. 1478 would be beneficial. Given the passage of Proposition 64, California state law now states that it is lawful under state law for an individual to possess, plant, cultivate, harvest, dry, or process not more than six (6) living marijuana plants as long as that activity is conducted within a person's private residence (i.e. house, apartment unit, mobile home or other similar dwelling), or upon the grounds of that private residence (e.g. in an outdoor garden area), is conducted in a locked space, and is not visible by normal unaided vision from a public place (Health & Safety Code §§ 11362.1(a)(3) and 11362.2(a)(2), (a)(3), and (b)(5)). In other words, under state law an individual may cultivate up to six (6) marijuana plants in a backyard, open-air garden so long as the backyard is secure (e.g. is surrounded by a locked fence) and the cultivation activity is not visible from a public place. City Council April 4, 2017 Meeting Agenda Page 5 of 6 State law dictates that a City may not completely ban the foregoing activities with one exception; local entities may ban the outdoor cultivation of marijuana upon a private residence. As an example, in the situation described in the previous paragraph (outdoor, open-air garden), state law allows cities to ban such activity. On the other hand, state law does not allow cities to completely ban cultivation of marijuana within a private residence or upon the grounds of a private residence if the activity is conducted within a fully enclosed secure structure and not visible from a public place. For example, cities cannot ban cultivation of up to six marijuana plants if the activity is conducted in an opaque and secure storage shed or greenhouse. Proposed Ordinance No. 1478 bans outdoor cultivation within the City of Tustin to the fullest extent permissible under the newly enacted state law Recommendation: That the Tustin City Council introduce and have a first reading, by title only, 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 ORDINANCE NO. 1478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 3141, 31527 9270 AND 9297 TO UPDATE THE CITY'S BUSINESS AND LAND USE REGULATIONS PERTAINING TO MARIJUANA ACTIVITY. 9. 2017 COMMISSIONER APPOINTMENTS Staff report to follow. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, April 18, 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 April 4, 2017 Meeting Agenda Page 6 of 6