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Home My WebLink About00 CC/RDA AGENDA 7-5-11-REVISEDCITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY John Nielsen, Mayor Pro Tem Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember AI Murray, Councilmember JULY 5, 2011 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN ~o.~;-. r,,,. ~.~""~ .: William A. Huston, Interim City Manager Douglas Holland, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer REVISED AGENDA SPECIAL MEETING 4:00 P.M. •,,~~ - ~~ CALL TO ORDER -Meeting #2266 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Special Meeting Agenda. WORKSHOP -Fiscal Year 2011/12 Budget ADJOURNMENT CLOSED SESSION MEETING 5:30 P.M. ,~¢ ~~ CALL TO ORDER -Meeting #2266 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. 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. 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. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] -Two Cases B. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] -Two Cases C. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Consideration of Claim of Mitch and HeatherAshwill, Claim 11-12 D. LABOR NEGOTIATIONS Agencv Neqotiators: Em plo yee Org anization: Em ploy ee Org anization: Em ploy ee Org anization: Emp lo yee Org anization: Emp lo yee Org anization: Emp lo yee Org anization: Em plo yee Org anization: Em plo yee Org anization: [Government Code Section 54957.6] Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Part-Time Unrepresented Employees Unrepresented Confidential Employees Unrepresented Supervisory Executive Management and Management E. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -One Case • Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Govt. Code 54956.8] - One Case Property Address/Description: Agencv: City/Agency Neqotiators: Negotiating Parties Under Negotiation: Parcel 2, 3, and 4 of Parcel Map 2010-137 City of Tustin Christine Shingleton, Assistant City Manager Olson Real Estate Group, Inc., dba R.D. Olson Development, represented by Robert D. Olson Price and Terms of Payment City Council/Redevelopment Agency REVISED Meeting Agenda July 5, 2011 Page 2 of 11 JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING 7:00 P.M. ~~ - ~~ CALL TO ORDER -Meeting #2266 INVOCATION -Father Thomas PLEDGE OF ALLEGIANCE - Councilmember Gomez ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney Douglas C. Holland PRESENTATIONS • Orange County Transportation Authority; presented by Director Carolyn Cavecche • Proclamation for Ken Eckman, former Community Services Commissioner • Proclamation for Marge Kasalek, former Planning Commissioner • Proclamation for Don Ropele, former Community Services Commissioner 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 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 1 and 2) CONSIDERATION OF ORDINANCE NO. 1398 FOR CODE AMENDMENT 11- 004 TO AMEND THREE-FOOT LANDSCAPE REQUIREMENT AND SYNTHETIC TURF STANDARDS Three-Foot Landscape Requirement - On March 16, 2010, several residents appeared before the Tustin City Council to express concern about receiving Notice of Violations (NOV) for non-compliance with TCC Section 9267(a)(3) which requires athree-foot wide landscape area between the driveway areas and the adjacent side property lines. Enforcement of 9267(a)(3) has occurred since Council adoption of the requirement in 2001. On May 4, 2010, the Tustin City Council directed staff to defer additional code enforcement and to present City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 3 of 11 the issue to the Planning Commission for a recommendation to the City Council. Synthetic Turf Standards - On January 11, 2011, a workshop on the use of synthetic turf was provided to the Planning Commission. The workshop provided the Planning Commission with an overview of synthetic turf, including its advantages and disadvantages, the applicability of the Tustin City Code to synthetic turf, sample standards for synthetic turf, and issues related to synthetic turf. At that time, the Planning Commission directed staff to prepare Synthetic Turf Standards for the use of synthetic turf in Tustin. The Three-Foot Landscape Requirement and Synthetic Turf Standards are presented together in this report and proposed ordinance since they affect the same Tustin City Code Sections and may have a correlation in application. Recommendation: That the Tustin City Council introduce and have first reading of Ordinance No. 1398 for Code Amendment 11-004 amending Tustin City Code Sections 5502 and 9267 modifying landscape requirements and setting forth Synthetic Turf Standards. ORDINANCE NO. 1398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 5502 AND 9267 OF THE TUSTIN CITY CODE TO MODIFY LANDSCAPE REQUIREMENTS AND TO SET FORTH SYNTHETIC TURF STANDARDS IN THE CITY OF TUSTIN 2. INTERIM URGENCY ORDINANCE NO. 1402 EXTENDING THE REQUIREMENT FOR THE EXECUTION OF A DEVELOPMENT AGREEMENT PRIOR TO OR CONCURRENT WITH CITY APPROVAL OF ANY DEVELOPMENT PROJECT AT TUSTIN LEGACY FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS PENDING A STUDY OF LAND USE REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858. (4/5ths Vote Required) On June 7, 2011, the Tustin City Council approved Urgency Ordinance No. 1401 to require the execution of a Development Agreement prior to or concurrent with City approval of any development project at Tustin Legacy for a period of 45 days. Proposed Urgency Ordinance No. 1402 is an interim urgency measure that would extend the effective term of Interim Urgency Ordinance No. 1401. The proposed extension ordinance would require that, in addition to the current entitlement requirements imposed by the MCAS Tustin Specific Plan and the Tustin City Code, each applicant for any discretionary entitlement and/or grading or building permit for which an entitlement or permit shall not have been issued by the City prior to June 7, 2011 shall apply for and obtain a Development Agreement with the City of Tustin in accordance with Section 65864 et seq. of the Government Code and Sections 9600 to 9619 of the Tustin City Code. The provisions of this ordinance would not apply to any public City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 4 of 11 agency developing public uses. If adopted, Ordinance No. 1402 would ensure that the issuance or approval of any general plan amendment, specific plan, specific plan amendment, building permit, conditional use permit, variance, design review, subdivision map, or parcel map, or other land use entitlement for private development of any property within the MCAS Tustin Specific Plan area shall not be approved until a development agreement has been approved as provided in this Urgency Ordinance. A development agreement will provide for the orderly implementation of development within the Specific Plan area in accordance with the General Plan and Specific Plan and ensure infrastructure obligations required for private development within the Final EIS/EIR and the phasing requirements more particularly described in Section 4.4 of the MCAS Tustin Specific Plan. It should be noted that the provisions of this urgency ordinance do not apply to any action for which the City of Tustin is the applicant, or to any public agency developing public uses, including without limitation any school district developing schools or related public uses. If adopted by four-fifths vote, Urgency Ordinance No. 1402 would be effective for a period of ten months and fifteen days pursuant to Government Code Section 65858. Recommendation: That the City Council adopt Urgency Ordinance No. 1402 by at least afour-fifths vote. ORDINANCE NO. 1402 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE REQUIREMENT FOR THE EXECUTION OF A DEVELOPMENT AGREEMENT PRIOR TO OR CONCURRENT WITH CITY APPROVAL OF ANY DEVELOPMENT PROJECT AT TUSTIN LEGACY FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS PENDING A STUDY OF LAND USE REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858. (4/5ths Vote Required) 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 3 through 8) 3. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON JUNE 21, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council/Redevelopment Agency held on June 21, 2011. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 5 of 11 Recommendation: Approve Demands in the amount of $3,062,368.68 and Payroll in the amount of $692,027.05. 5. FY2010 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of Anaheim, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2010 Urban Areas Security .Initiative" (UASI). This grant is from the federal Department of Homeland Security -Office of Grants and Training, passed through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into this Agreement by reference. The Office of Grants and Training has awarded $10,218,440 to the City of Anaheim for use in the Anaheim/Santa Ana Urban Area, for the term of October 27, 2010, through April 30, 2013. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as aSub-Recipient, is authorized to participate in the grant funding. Recommendation: It is recommended that the City Council: 1. Approve the FY 2010 UASI Transfer Agreement between the City of Anaheim and the City of Tustin. 2. Authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 6. APPROVE AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH TETRA TECH FOR THE RAWLINGS RESERVOIR REPLACEMENT PROJECT CIP NO. 60136 Approval of Amendment No. 9 to the Consultant Services Agreement with Tetra Tech will provide for additional design services for the Rawlings Reservoir Replacement Project CIP No. 60136. Recommendation: It is recommended that the City Council approve Amendment No. 9 to the Consulting Services Agreement with Tetra Tech for the Rawlings Reservoir Replacement Project CIP 60136 and authorize the Mayor and the City Clerk to execute the amendment on behalf of the City. 7. RELEASE OF MONUMENTATION BOND FOR TRACT MAP NO. 16481 PROSPECT VILLAGE LP The property monuments associated with the tract map have been set, inspected, and verified as complete. The Public Works Department is now recommending release of the Monumentation Bond. City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 6 of 11 Recommendation: It is recommended that the City Council authorize the release of Monumentation Bond No. 0421457, in the amount of $3,500.00. 8. APPROVE HOMEOWNER AGREEMENTS AND MEMORANDA FOR CERTAIN PROPERTIES IN CONJUNCTION WITH THE TUSTIN RANCH ROAD EXTENSION PROJECT BETWEEN WALNUT AVENUE AND VALENCIA AVENUE (CIP No. 70100) Staff is recommending that the City Council and the Tustin Community Redevelopment Agency approve certain agreements associated with the required applicable noise mitigation measures as identified in the Final Supplement #1 to the Final EIS/EIR for the Tustin Ranch Road Extension Project CIP No. 70100 & 70206 on or adjacent to the property located at 2362 Ana Tree Place (Receptor 9) and 2392 Apple Tree Drive (Receptor 21). Recommendation: It is recommended that the City Council and Tustin Community Redevelopment Agency: 1. Approve the attached documents for 2362 Ana Tree Place (Receptor 9) and 2392 Apple Tree Drive (Receptor 21) including the Project Implementation Agreement and Memorandum of Project Implementation Agreement, and authorize the Mayor, the City Manager/Executive Director or the Assistant City Manager/Assistant Executive Director to execute the agreement on behalf of the City and Agency, in a form substantially consistent with the attached and subject to approval by the City Attorney; and 2. Appropriate $15,895 from unappropriated funds from the CFD 06-01 Fund (434) to the Tustin Ranch Road Extension Project Capital Improvement Program Fund between Walnut Avenue and Valencia Avenue (CIP No. 70100). REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9 through 16) 9. OLD TOWN FAMILY FUN NIGHT Old Town Family Fun Night is a Conditional Use Permit application for a street fair for every Thursday night from 4:00 p.m. to 8:00 p.m. The street fair will include a Certified Farmers' market, a kids' corner, pre-packed foods, entertainment, and original crafts. If approved, the street fair will take place on EI Camino Real between Sixth Street and Main Street. At the Council meeting of June 21, 2011, Councilmember Gomez requested that staff provide a status update of the application. City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 7 of 11 Recommendation: That the City Council receive and file this report. 10. SECOND READING AND ADOPTION OF CODE AMENDMENT 2011-03, ORDINANCE NO. 1381 REASONABLE ACCOMODATION The federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act require local governments to provide a procedure to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing for individuals with disabilities ("reasonable accommodation"). In addition, State Law requires the City's Housing Element to identify a plan for providing reasonable accommodation in zoning and land use. On May 24, 2011, the City of Tustin Planning Commission adopted Resolution No. 4148, recommending that the Tustin City Council approve Code Amendment 2011-03 (Ordinance No. 1381) providing a procedure for reasonable accommodation for individuals with disabilities. Recommendation: Have second reading by title only and adoption of Ordinance No. 1381 (roll call vote). ORDINANCE NO. 1381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 9278 OF PART 7 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE, PROVIDING A PROCEDURE FOR REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES (CODE AMENDMENT 2011-03) 11. FINANCE DEPARTMENT REORGANIZATION To meet the financial accountability needs of the City a plan has been developed to reorganize the staffing levels of the Finance Department. Recommendation: It is recommended City Council approve the Finance Department staffing level reorganization which includes the following: A. The creation of an Accountant position and a Customer Service Supervisor position. B. The reclassification of the Senior Finance Analyst to an Administrative Services Manager. C. The elimination of funding the Accounting Supervisor position, one Senior Account Specialist, and one Information Technology Intern. D. The elimination of the part-time Business License Technician position. 12. AGREEMENT BETWEEN THE CITY OF TUSTIN AND OREMORE OF City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 8 of 11 TUSTIN, INC. (dba TUSTIN TOYOTA) Approval is requested to enter into an Auto Dealership Agreement ("Agreement") with Oremor of Tustin, Inc. ("Oremor" or dba "Tustin Toyota") for rehabilitation improvements on property located at 36 Auto Center Drive, formerly occupied by Joe's Garage within the Tustin Auto Center, immediately to the west of an existing site operated by Tustin Toyota at 44 Auto Center Drive. The funding source for reimbursing these improvements will come from future excess sales tax revenues generated by Tustin Toyota. Recommendation: Authorize the City Manager and/or Assistant City Manager to execute the Auto Dealership Agreement between the City of Tustin and Oremor of Tustin, Inc., dba Tustin Toyota. 13. DISPOSITION AND DEVELOPMENT AGREEMENT 11-01 (TUSTIN GATEWAY PROJECT) - A HOTEL AND RETAIL SITE WITHIN THE PACIFIC CENTER EAST SPECIFIC PLAN Approval is requested of a Disposition and Development Agreement 11-01 (Tustin Gateway Project also referred to as "DDA 11-01") between the City of Tustin and R.D. Olson Real Estate Group, Inc. dba R.D. Olson Development ("Developer") for the sale of certain city owned property including the granting of an easement for the development of a hotel and retail uses within the Pacific Center East Specific Plan. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 11-48 finding that: a. An Initial Study evaluated the Project ("DDA 11-01") as it relates to the previously approved Final Environmental Impact Report (EIR) 90-1 for the Pacific Center East Specific Plan certified on December 17, 1990 and Supplemental #1 to Final EIR 90-01 certified and adopted on May 5, 2003 (collectively, the Pacific Center East Environmental Documents) to determine whether, in accordance with CEQA requirements, any additional environmental documentation was required in connection with approval of the DDA 11-01; b. Based on findings in the Initial Study (i) the environmental effects of the Project are within the scope of the Pacific Center East Environmental Documents; (ii) no substantial changes are proposed in the Project or have occurred with respect to circumstances under which the Project is being undertaken since certification of the Pacific Center East Environmental Documents; (iii) no new information has become available since the certification of the Pacific Center East Environmental Documents; and (iv) pursuant to Public Resources Code Section 21116 and the requirements of CEQA regulations promulgated with respect thereto, including Title 14 California Code of Regulations Section 15168 (c), no additional environmental analysis, action or document is required City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 9 of 11 by the CEQA; and c. All applicable mitigation measures described in the adopted Mitigation Monitoring Report for the Pacific Center East Specific Plan EIR are incorporated into this Project or will be conditions of approval of pending future entitlements for the Project. 2. Approve and authorize the City Manager, or Assistant City Manager, to execute DDA 2011-01 between the City of Tustin and R.D. Olson Development, Inc., subject to non-substantial modifications as may be determined necessary and recommended by the City's Special Counsel prior to execution, and to carry out all actions necessary to implement the DDA including execution of all related documents including the reciprocal easement agreement, any necessary subordination agreement, and to take any and all City actions necessary pursuant to the DDA as required for phased closings and transfer of the subject properties to the Developer upon satisfaction of all conditions and obligations of Developer. RESOLUTION NO. 11-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT 2011-01 (TUSTIN GATEWAY PROJECT) ALSO REFERRED TO AS "DDA 2011-01" BETWEEN THE CITY OF TUSTIN ("CITY") AND R.D. OLSON REAL ESTATE GROUP, INC. ("DEVELOPER") FOR THE PURPOSES OF CONSTRUCTING APPROXIMATELY 300 HOTEL ROOMS AND 16,000 SQUARE FEET OF RETAIL SPACE LOCATED WITHIN AN AREA BOUNDED BY EDINGER AVENUE ON THE NORTH, NEWPORT AVENUE ON THE EAST, A CALTRANS RAMP ON THE SOUTH, AND STATE ROUTE 55 ON THE WEST. 14. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 2011- 2012 It is requested that the City Council and the Board of Directors for the Tustin Community Redevelopment Agency approve to continue the fiscal year 2010- 2011 budget for the General Fund, Water Enterprise Fund, Redevelopment Agency Funds, Internal Service Funds, Special Revenue Funds, and all other City Funds into Fiscal Year 2011-2012 pending the finalization of the Fiscal Year 2011-2012 budget. Recommendation: It is recommended that the City Council, through Minute Action, approve the continuance of fiscal operations for fiscal year 2011-2012 at the appropriation level not to exceed that of fiscal year 2b10-2011, until such time that the budget process can be completed. 2. In compliance with Health & Safety Code section 33606, it is City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 10 of 11 recommended that the Board of Directors for the Tustin Community Redevelopment Agency, through Minute Action, approve the continuance of fiscal operations for fiscal year 2011-2012 at the appropriation level not to exceed that of fiscal year 2010-2011, until such time that the budget process can be completed. 15. TRAVEL AUTHORIZATION Councilmember AI Murray is requesting City Council authorization to attend the Commission on Accreditation for Law Enforcement Agencies (CALEA) banquet ceremony in Cincinnati, OH on July 30, 2011. The estimated cost for flight, lodging and attendance is $1,075.66. Tustin Police Department will be receiving the CALEA Accreditation at the ceremony. Pursuant to City Council Resolution 09-18 (copy attached), City Council approval is required prior to out-of-county travel expenses. All expenses will be reported and subject to the limitations set forth in the Resolution. 16. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 17. ADOPT URGENCY ORDINANCE TO CONTINUE THE EXISTENCE OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY IN RESPONSE TO CHANGES IN STATE LAW Staff report, proposed ordinance and recommendation will be provided on the day of the meeting. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT -The next meeting is scheduled for Tuesday, July 19, 2011 at 4:30 p.m. for Audit Commissioner Interviews followed by the Closed Session Meeting at 5:30 p.m. and the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Redevelopment Agency July 5, 2011 REVISED Meeting Agenda Page 11 of 11