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Home My WebLink About00 CC/RDA AGENDA 08-02-11CITY 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 AUGUST 2, 2011 COUNCIL CHAMBER ~ 300 CENTENNIAL WAY, TUSTIN William A. Huston, Interim City Manager Douglas Holland, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~t - - yam. CALL TO ORDER -Meeting #2268 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. 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)J -Two Cases C. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Chris Grogan, Claim No. 11-20 D. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -One Case • Tustin Unified School District v. City of Tustin et at., Case No. 30-2010- 00345476, Orange County Superior Court 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. JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING 7:00 P.M. 4~ i~ CALL TO ORDER -Meeting #2268 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE - American Legion ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney Douglas C. Holland 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 1-4) CONSIDERATION OF ORDINANCE NO. 1398 FOR CODE AMENDMENT 11- 004 TO AMEND THREE-FOOT LANDSCAPE REQUIREMENT AND SYNTHETIC TURF STANDARDS (CONTINUED FROM JULY 5, 2011) Adopted in 2001, Ordinance No. 1240 required a 3-foot landscape buffer between adjacent properties to prohibit driveway or parking areas from extending uninterrupted from property to property. However, Ordinance No. 1240 mandated the 3-foot landscaped area in front yards at the side property line regardless of the size of the paving, the configuration of the lot or the fact that hundreds of properties in the City previously contained concrete paving in violation of the requirement. Staff began enforcing Ordinance No. 1240 on a complaint basis following the end of a three year sunset period. On May 4, 2010, in response to citizen concerns, the Tustin City Council directed the Planning Commission to consider and provide a recommendation on possible revisions to the Tustin City Code pertaining to the three-foot wide landscaped area requirement. On May 24, 2011, the Planning Commission adopted Resolution No. 4173 recommending that the three-foot requirement be preserved, but that additional flexibility be provided to the Community Development Director to approve a variety of landscape and hardscape features City Council/Redevelopment Agency August 2, 2011 Meeting Agenda Page 2 of 8 to satisfy the required three-foot buffer. On July 5, 2011, the City Council considered the Planning Commission's recommendations for proposed Ordinance No. 1398. Following discussion, it was concluded that other Tustin City Code provisions, currently limiting pavement to 50 percent of the front yard, were sufficient to preserve an attractive streetscape in residential neighborhoods, and that mandating the three-foot buffer was unnecessary at this time. The City Council directed staff to amend proposed Ordinance No. 1398 to eliminate the requirement fora three-foot wide landscape area between adjacent properties but that unattractive, excessively-paved areas should remain a concern, and that sufficient discretion should be available to ensure that the code does not unfairly apply to narrow lots, lots at the ends of cul-de- sacs, or other irregular conditions. Draft Ordinance No. 1398 (Code Amendment 11-004) has now been revised in accordance with City Council direction. As a wholly separate matter, Proposed Ordinance No. 1398 also includes proposed regulations to allow for the installation of synthetic turf on private property since the same Tustin City Code Sections are affected and may have a correlation in application. Recommendation: That the Tustin City Council introduce and have first reading of Ordinance No. 1398 as revised 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. MID-TERM REPORT AND PUBLIC REDEVELOPMENT PROJECT AREA PLAN HEARING FOR THE MCAS TUSTIN 2ND FIVE YEAR IMPLEMENTATION California Health & Safety Code Section 33000 et. seq. (California Community Redevelopment Law, the "CRL") requires a redevelopment agency to conduct a public hearing at least once during the five year term of any redevelopment agency Five Year Implementation Plan to review progress in meeting goals and objectives. This Mid-Term Report discusses the 2nd Five Year Implementation Plan for the MCAS Tustin Redevelopment Project. Recommendation: It is recommended at a Joint Meeting of the Tustin Community Redevelopment Agency ("Redevelopment Agency") and City Council that: City Council/Redevelopment Agency August 2, 2011 Meeting Agenda Page 3 of 8 1. The Agency: a. Open a Public Hearing and request a presentation from staff on the Agency's Mid-Term Report of, and Modification to, the 2nd Five Year Implementation Plan for the MCAS Tustin Redevelopment Project Area. b. Receive public testimony. c. Close hearing. d. By minute action, receive and file a copy of the Agency's Mid-Term Report on the 2nd Five Year Implementation Plan for the MCAS Tustin Redevelopment Project Area. 2. The City Council by minute action receive and file a copy of the Agency's Mid-Term Report for 2nd Five Year Implementation Plan for the MCAS Tustin Redevelopment Project Area. 3. ADOPT RESOLUTION NO. 11-51 ORDERING THE VACATION OF A PORTION OF THE PROPERTY ADJACENT TO EL CAMINO REAL BETWEEN RED HILL AVENUE AND NEWPORT AVENUE Adoption of Resolution No. 11-51 will order the vacation of a portion of real property adjacent to EI Camino Real and a portion of a street easement between Red Hill Avenue and Newport Avenue that are no longer needed for public roadway or utility purposes. The adjacent commercial property owners at 1450 EI Camino Real have requested the opportunity to purchase the property from the City to expand their existing parking lot. This item was continued by the City Council from July 19, 2011. Recommendation: That the City Council conduct the public hearing and adopt Resolution No. 11-51 ordering the vacation of a portion of real property adjacent to EI Camino Real and a portion of a street easement between Red Hill Avenue and Newport Avenue. RESOLUTION NO. 11-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF REAL PROPERTY ADJACENT TO EL CAMINO REAL AND A PORTION OF AN EASEMENT BETWEEN RED HILL AVENUE AND NEWPORT AVENUE 4. APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE LARGE FAMILY DAY CARE 2011-01 Large Family Day Care Permit (LFD) 2011-01 is a request to operate a large family day care home caring for up to fourteen (14) children at the residence located at 17362 Laurie Lane. On June 14, 2011, the City of Tustin Planning Commission adopted Resolution No. 4174 approving LFD 2011-01. On June 17, 2011, the City Clerk received an appeal of LFD 2011-01 which was filed by Councilmember Gavello due to City Council/Redevelopment Agency August 2, 2011 Meeting Agenda Page 4 of 8 concerns regarding traffic and noise. The appeal hearing is de novo. Recommendation: That the Tustin City Council adopt Resolution No. 11-56 approving Large Family Daycare Permit 2011-01 to operate a large family day care home, caring for up to fourteen (14) children in an existing residence located at 17362 Laurie Lane. RESOLUTION NO. 11-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING LARGE FAMILY DAY CARE (LFD) 2011-01 TO AUTHORIZE THE ESTABLISHMENT OF A LARGE FAMILY DAY CARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN AT THE EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 17362 LAURIE LAN E 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 5 through 10) 5. APPROVAL OF MINUTES -REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON JULY 19, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council/Redevelopment Agency held on July 19, 2011. 6. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,469,368.29 and Payroll in the amount of $681,391.96. 7. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer usable or required for public use. Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 8. AWARD OF CONTRACT FOR TUSTIN RANCH ROAD PHASE 1 GRADING City Council/Redevelopment Agency August 2, 2011 Meeting Agenda Page 5 of 8 AND STORM DRAIN PROJECT (CIP NO. 70100 AND 70206) 9 10 This item was continued from the July 19, 2011 City Council meeting. Staff is requesting that the construction contract be awarded for the Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 and 70206) from Walnut Avenue to Warner Avenue to the lowest responsive/responsible bidder. Recommendation: That the City Council and Tustin Community Redevelopment Agency deny the bid protests submitted and award the construction contract for the Tustin Ranch Road Phase 1 Grading and Storm Drain Project (CIP No. 70100 and 70206) from Walnut Avenue to Warner Avenue to the lowest responsive/responsible bidder, Sandoval Pipeline Engineering, in the amount of $12,623,788 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. APPROVAL OF CONTRACT AMENDMENTS WITH SPECTRUM CARE LANDSCAPE AND IRRIGATION MANAGEMENT, INC. FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND/TUSTIN LEGACY AREAS, AND TUSTIN LANDSCAPE AND LIGHTING DISTRICT Staff is recommending the City Council approve contract amendments with SpectrumCare Landscape and Irrigation Management, Inc. (SpectrumCare) to provide a one (1) year extension to each of the existing landscape maintenance services contracts for the General FundlTustin Legacy Areas and the Tustin Landscape and Lighting District (TEED). The proposed amendments will extend services through Fiscal Year 11/12 at FY 10/11 pricing and include a $24,000 annual landscape and irrigation enhancement credit/contribution to be used citywide. Recommendation: That the City Council approve contract amendments No. 5 & 6 to the existing maintenance services contracts with SpectrumCare Landscape and Irrigation Management, Inc., respectively, providing each with a one (1) year extension from July 1, 2011 through June 30, 2012 and authorize the Mayor and City Clerk to execute the contract amendments. QUARTERLY REPORT FOR AFFORDABLE HOUSING DEFAULT REVOLVING FUND The Cooperative Agreement between the City Council and Tustin Community Redevelopment Agency authorizing the creation of an Affordable Housing Default Revolving Fund requires Agency staff to provide the City Council and Tustin Community Redevelopment Agency ("Redevelopment Agency") with a quarterly report detailing any default activity within the City's Affordable Housing Program and identifying costs associated with curing any potential defaults. Recommendation: That the Redevelopment Agency and City Council receive and file the attached Quarterly Report for the Affordable Housing Default Revolving Fund. City Council/Redevelopment Agency August 2, 2011 Meeting Agenda Page 6 of 8 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 13) 11. SECOND READING AND ADOPTION OF ORDINANCE NO. 1405 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34193 TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW. As of June 29, 2011 with the Governor's approval of ABX1 26 ("AB 26"), all new redevelopment activities, including the issuance of debt and the execution of contracts, were suspended. All redevelopment agencies ("RDA's") will be dissolved effective October 1, 2011. ABX1 27 ("AB 27" or the "Voluntary Program") allows a redevelopment agency to avoid elimination by opting into an "alternative voluntary redevelopment program" that requires various payments in lieu of elimination. Any intention for the City to opt into the Voluntary Program requires the adoption of an opt-in ordinance. In order to insure that this process is completed in time and that priority redevelopment projects and activities can continue, both an urgency ordinance and permanent ordinance were provided for Council consideration at its July 19, 2011 meeting. The City Council adopted Urgency Ordinance 1404 and had first reading of Ordinance 1405 by title only. Recommendation: Have second reading by title only and adoption of Ordinance No. 1405 (roll call vote). ORDINANCE NO. 1405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34193 TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW. 12. CITY MANAGER RECRUITMENT The City Manager Recruitment Committee will provide an update on the status of the City Manager recruitment. 13. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. City Council/Redevelopment Agency August 2, 2011 Meeting Agenda Page 7 of 8 OTHER BUSINESS/COMMITTEE REPORTS RECESS TO CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL. 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: E. LABOR NEGOTIATIONS Agency Negotiators: Employee Organization: Employee Organization: Employee Organization: Employee Organization Employee Organization Employee Organization Employee Organization Employee Organization [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 RECONVENE IN OPEN SESSION CLOSED SESSION REPORT ADJOURNMENT -The next meeting is scheduled for Tuesday, September 6, 2011 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. ADJOURN IN THE MEMORY OF JACK SHAPER City Council/Redevelopment Agency August 2, 2011 Meeting Agenda Page 8 of 8