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Home My WebLink AboutCC MINUTES 2011-08-02MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY AUGUST 2, 2011 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER -Meeting #2268 at 5:30 p.m. ATTENDANCE Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Deborah Gavello, Rebecca "Beckie" Gomez and AI Murray Absent: None City Clerk: Patricia Estrella, City Clerk Services Supervisor Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland, City Attorney PUBLIC INPUT -None. 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 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 al., Case No. 30-2010- 00345476, Orange County Superior Court RECESSED at 5:31 p.m. RECONVENED at 7:00 p.m. City CouncillRedevelopment Agency August 2, 2011 Minutes Page 1 of 11 JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING 7:04 P.M. +~„~ a+~ CALL TO ORDER -Meeting #2268 at 7:00 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE - American Legion ROLL CALL -City Clerk Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen, and Councilmembers/Agencymembers Deborah Gavello, Rebecca "Beckie" Gomez and AI Murray Absent: None City Clerk: Pamela Stoker, City Clerk Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland, City Attorney CLOSED SESSION REPORT -City Attorney Douglas C. Holland The City Council met in Closed Session and unanimously authorized the City Attorney's office to initiate appropriate legal proceedings against the Tustin Unified School District regarding the District's decision to use Heritage School as a continuation school; otherwise, no other reportable action was taken. ORAL COMMUNICATIONIPUBLIC INPUT - • Stephen Ignatius • Erick Conche • Julie Fralick • Joe Gehley PUBLIC HEARING ITEMS 1-4 1. CONSIDERATION OF ORDINANCE NO. 1398 FOR CODE AMENDMENT 11- 004 TO AMEND TNREE-FOOT LANDSCAPE REQUIREMENT AND SYNTHETIC TURF STANDARDS (CONTINUED FROM JULY 5, 2011) A presentation was given by Elizabeth Binsack, Director of Community Development Adopted in 2001, Ordinance No. 1240 required a 3-foot landscape buffer City Council/Redevelopment Agency August 2, 2011 Minutes Page 2 of 11 between adjacent properties to prohibit driveway ar 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 varie#y of landscape and hardscape features 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 sufficien# 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 Gity 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. The public hearing opened at 7:32 p.m. • Karen Raak • Pete Sanchez The public hearing closed at 7:41 p.m. Motion: It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to 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. City CouncillRedevelapment Agency August 2, 2011 Minutes Page 3 of 11 Motion carried 5-0 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 HEARING FOR THE MCAS TUSTIN REDEVELOPMENT PROJECT AREA 2ND FIVE YEAR IMPLEMENTATION PLAN A presentation was given by Assistant City Manager Christine Shingleton 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. The public hearing opened at 7:45 p.m. The public hearing closed at 7:58 p.m. with no comments Motion: It was moved by Councilmember/Agencymember Gavello and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen that: The Agency: a. Open a Public Hearing and Agency's Mid-Term Report Year Implementation Plan Project Area. b. Receive public testimony. c. Close hearing. request a presentation from staff on the of, and Modification to, the 2nd Five for the MCAS Tustin Redevelopment 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 Znd Five Year Implementation Plan for the MCAS Tustin Redevelopment Project Area. Motion carried 5-0 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 City Council/Redevelopment Agency August 2, 2011 Minutes Page 4 of 11 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. The public hearing opened at 7:59 p.m. The public hearing closed at 8:00 p.m. with no comments Motion: It was moved by Councilmember Gavello and seconded by Councilmember Murray that the public hearing be continued to September 6, 2011. Motion carried 5-0 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 A presentation was given by Elizabeth Binsack, Director of Community Development 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 concerns regarding traffic and noise. The appeal hearing is de novo. The public hearing opened at 8:00 p.m. • Dorkis Hernandez s Jissette Gomel Dave Montoya • Jose Hernandez Mayor Pro Tem Nielsen requested an investigation into the unannounced site City Council/Redevelopment Agency August 2, 2011 Minutes Page 5 of 11 inspection performed by Councilmember Gavello at the residence of the applicant following confirmation from City Attorney Holland that Councilmembers do not have jurisdiction over large family daycare facilities. The public hearing closed at 8:25 p.m. Motion: It was moved by Councilmember Gavello and seconded by Councilmember Murray that the Tustin City Council amend Resolution No. 11- 56 to include with the conditions a direct reference to the Tustin City Code and to 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. Motion carried 5-0 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 5-10 It was moved by Councilmember/Agencymember Gavello and seconded by Councilmember/Agencymember Murray to pull consent items $ and 9 and to approve the balance of the consent calendar items as recommended by staff. Motion carried 5-0 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 CouncillRedevelopment 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. City Council/Redevelopment Agency August 2, 2011 Minutes Page 6 of 11 Recommendation: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to seN/have auctioned serviceable equipment of value and dispose of assets beyond repair. 8. AWARD OF CONTRACT FOR TUSTIN RANCH ROAD PHASE 1 GRADING AND STORM DRAIN PROJECT (CIP NO. 70100 AND 70206} 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. Motion: It was moved by Councilmember/Agencymember Murray and seconded by CouncilmemberlAgencymember Gomez that the City Council and Tus#in 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. Motion carried 4-1 (Councilmember Gavello dissenting) 9. APPROVAL OF CONTRACT AMENDMENTS WITH SPECTRUM CARE LANDSCAPE AND IRRIGATION MANAGEMENT, INC. FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUNDlTUSTIN 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 FundJTustin 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 creditlcontribution to be used citywide. Motion: It was moved by Councilmember Gomez and seconded by Mayor Pro Tem Nielsen 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 #hrough June 30, 2012 and authorize the Mayor and City Clerk to execute the can#ract amendmen#s. Motion carried 4-1 (Councilmember Gavello dissenting} City CauncillRedevelapment Agency August 2, 2011 Minutes Page 7 of 11 10. 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 Revaluing Fund. REGULAR BUSINESS ITEMS 11-13 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 LAIN. 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. Motion: It was moved by Councilmember/Agencymember Murray and seconded by Mayor Pro Tem/Chair Pro Tem Nielsen to have second reading by title only and adoption of Ordinance No. 1405 (roll call vote}. Motion carried 5-0 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 City Council/Redevelopment Agency August 2, 2411 Minutes Page 8 of 11 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 provided an update on the status of the City Manager recruitment. The recruitment is being conducted by Teri Black & Co. and advertisementlpromotional was launched on July 18 with a closing date of August 21. Brochures were distributed to 524 city management professionals. A survey ("Public Input an Hiring of New City Manager"} is available to the public on the City's website, and responses are anonymous. Candidate applications are being screened by Teri Black with input from Interim City Manager Bill Huston and the Recruitment Committee with the expected result of 6-10 candidates who will be interviewed by the full Council. Schedules will be coordinated accordingly with a tentative goal of the end of September. A final decision is anticipated for the first week in October. 13. LEGISLATIVE REPORT -None. OTHER BUSINESSICOMMITTEE REPORTS City Attorney Douglas Holland amended the Closed Session report to indicate that the claim of Chris Grogan was denied. Councilmember Murray: • Attended the Association of California Cities Orange County {ACCOC} Redevelopment Task Force meeting • Attended Concerts in the Park and congratulated Parks and Recreation for an outstanding event • Attended a Team Up far Down Syndrome fundraiser sponsored by Tustin citizen Rex Hubbard and his wife at Angels Stadium • Attended Orange County Vector Control trustee budget meeting; suggested that presentation by OCVC be given to update citizens • Visited Laurel House and new director Charlene AshendorF • Requested that a review of automated external defibrillators as to location and resources with potential enhancement be placed on the September 6 meeting agenda • Accompanied Police Department team to CALEA accreditation in Cincinnati; complimented Chief Jordan and staff; requested that the City Council provide support and funding to maintain the CALEA accreditation Chief Jordan will provide a Power Point of CALEA accreditation and acknowledge staff at the September 6 City Council meeting Councilmember Gavello left the dais at 8:53 p.m. and returned at 8:56 p.m. Councilmember Gomez City Council/Redevelopment Agency August 2, 2011 Minutes Page 9 of 11 • Attended Concerts in the Park; congratulated Dave Wilson and staff • Attended ACCOC meeting • Announced that the Santa Ana River Flood Protection Agency meeting was cancelled but will conduct site visits in September and October Mayor Pro Tem Nielsen: • Stated that his Hawaiian shirt was purchased to benefit the Orange County Firefighters Benevolent Association • Chaired the Orange County Sanitation District Operations Committee; attended Steering Committee and Board of Directors meetings • Attended Orange County Fire Authority meeting • Attended the Tustin Chamber of Commerce membership breakfast • Attended Business Alliance of Orange County mixer • Attended Tustin Pride Angels in Tustin project Mayor Amante: • Announced that the Police Department held its National Night Out Against Crime which heightens drug and crime awareness • Thanked police staff and Councilmember Murray for traveling to Cincinnati to receive CALEA accreditation and extended congratulations • Was appointed by OCTA to the LOSSAN board and attended his first meeting • Attended Concerts in the Park • Attended Movies in the Park ADJOURNED IN THE MEMORY OF JACK SHAPER RECESSED TO CLOSED SESSION at 9:12 p.m. 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 Managemen# and Management RECONVENE IN OPEN SESSION at 10:25 p.m. CLOSED SESSION REPORT City CouncillRedevelopment Agency August 2, 2011 Minutes Page 10 of 11 No reportable action was taken; however, direction was given to the City's labor negotiator. ADJQURNED at 10:25 p.m. -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. JERRY AMANTE, .Mayor PAMELA STQKER, City Clerk ~~ i City Council/Redevelopment Agency August 2, 2011 Minutes Page 11 of 11