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Home My WebLink About 00 CC AGENDA 6-17-08REVISED 6/13/08 CITY OF TUSTIN JUNE 17, 2008 REGULAR MEETING OF THE COUNCIL CHAMBER #2190 CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Doug Davert, Mayor Pro Tem William A. Huston, City Manager Lou Bone, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the June 17, 2008 meeting of the City Council. (Agenda Items A and B) CALL TO ORDER – Meeting #2190 ATTENDANCE PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(b)3.E – Two (2) Cases B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) – Two (2) potential cases REGULAR BUSINESS MEETING 7:00 P.M. CALL TO ORDER – Meeting #2190 INVOCATION – Councilmember Palmer PLEDGE OF ALLEGIANCE – Councilmember Bone City Council Meeting June 17, 2008 Agenda Page 1 of 10 ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney 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, you may wish to wait until the Council considers that item. RECESS CITY COUNCIL MEETING AND CALL TO ORDER A JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY JT.1. PUBLIC HEARING ITEM: MID-TERM REPORT FOR THE TOWN CENTER AND SOUTH CENTRAL REDEVELOPMENT PROJECT AREAS' THIRD FIVE YEAR IMPLEMENTATION PLAN California Health & Safety Code Section 33000 et. seq. (California Community Redevelopment Law, the "CRL") requires the Redevelopment Agency to conduct a public hearing at least once during the five-year term of any Agency Five-Year Implementation Plan to review progress in meeting goals and objectives. Recommendations: Redevelopment Agency Actions: 1.a. Open the public hearing; 1.b. Receive public testimony; 1.c. Close hearing; and 1.d. Receive and file Agency's Mid-Term Report on the Third Five Year Implementation Plan for the Town Center and South Central Redevelopment Project Areas. City Council Action: 1.a. Receive and file a copy of the Agency's Mid-Term Report for Third Five Year Implementation Plan for the Town Center and South Central Redevelopment Project Areas. City Council Meeting June 17, 2008 Agenda Page 2 of 10 JT.2. REGULAR BUSINESS ITEM: PROPOSED COMPREHENSIVE AFFORDABLE HOUSING STRATEGY FOR FISCAL YEARS 2008-2009 TO 2017-2018 Redevelopment Agency and City Council approval is requested of the Comprehensive Affordable Housing Strategy for fiscal years 2008-2009 to 2017-2018. Recommendations: Redevelopment Agency Action: 2.a. Adopt resolution. RDA RESOLUTION NO. 08-02 – A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING THE COMPREHENSIVE AFFORDABLE HOUSING STRATEGY FOR FISCAL YEARS 2008-2009 TO 2017-2018 City Council Action: 2.a. Adopt resolution. RESOLUTION NO. 08-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE COMPREHENSIVE AFFORDABLE HOUSING STRATEGY FOR FISCAL YEARS 2008-2009 TO 2017-2018 ADJOURN JOINT MEETING AND RECONVENE TO THE REGULAR CITY COUNCIL MEETING PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (Agenda Items 1 thru 4) 1. PUBLIC HEARING: GENERAL PLAN AMENDMENT 08-001 (HOUSING ELEMENT UPDATE AND MINOR TEXT AMENDMENT) California State Law Section 65588 requires that cities and counties within the Southern California Association Government (SCAG) update their Housing Element by June 30, 2008. This Housing Element fulfills that requirement. City Council Meeting June 17, 2008 Agenda Page 3 of 10 Recommendations: 1.a. Open and close public hearing; and 1.b. Adopt resolutions. RESOLUTION NO. 08-42 - A RESOLUTION OF THE TUSTIN CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 08-001 (HOUSING ELEMENT UPDATE AND MINOR TEXT AMENDMENT TO THE TUSTIN GENERAL PLAN) RESOLUTION NO. 08-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 08-001, UPDATING THE TUSTIN HOUSING ELEMENT PURSUANT TO GOVERNMENT CODE SECTION 65588 AND MINOR TEXT AMENDMENT TO THE TUSTIN GENERAL PLAN 2. PUBLIC HEARING: TENTATIVE PARCEL MAP 2007-234 AT 2552 WALNUT AVENUE Tentative Parcel Map 2007-234 is a request to subdivide a condominium suite within an existing office condominium building. The proposed subdivision would result in an additional condominium office unit for a total of twelve (12) units within the existing 33,669 square foot two story building (Applicant: Pacific Pointe Properties, LLC). Recommendations: 2.a. Open and close public hearing; and 2.b. Adopt resolution. RESOLUTION NO. 08-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2007-234 TO SUBDIVIDE AN EXISTING CONDOMINIUM UNIT INTO MULTIPLE SUITES WITHIN AN EXISTING TWO-STORY OFFICE BUILDING LOCATED AT 2552 WALNUT AVENUE 3. PUBLIC HEARING: CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2008-2009 Public hearing to consider the annual levy of street lighting and landscape maintenance services in Tustin Ranch. Provided there is no majority protest, adopt Resolution No. 08-44 confirming the annual assessments for Fiscal City Council Meeting June 17, 2008 Agenda Page 4 of 10 Year 2008-2009. The City Council, at their meeting of February 5, 2008, adopted Resolution No. 08-15, which ordered the preparation of an Engineer's Report for the levy of annual assessments for the Tustin Landscape and Lighting District. Subsequently, at their meeting of May 6, 2008, the City Council adopted resolutions that approved the Engineer's Report for Fiscal Year 2008-2009, and declared the City Council's intention to levy assessments. Recommendations: 3.a. Open and close the public hearing; and 3.b. Provided there is not a majority protest, it is recommended that the City Council adopt Resolution No. 08-44 confirming the annual assessments for Fiscal Year 2008-2009. RESOLUTION NO. 08-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2008-2009 4. CONTINUE PUBLIC HEARING TO CONSIDER APPROVAL OF THE CITY'S HAZARD MITIGATION PLAN TO SEPTEMBER 2, 2008 Federal law requires the City to prepare a Hazard Mitigation Plan in order to remain eligible for federal pre and post-disaster mitigation funds. Staff has completed the draft Hazard Mitigation Plan which must be approved at a public hearing. Staff is requesting the City Council to continue the public hearing to September 2, 2008 in order for the Federal Emergency Management Agency (FEMA) to review and approve the plan. Recommendation: Continue the public hearing to September 2, 2008. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council 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 11) 5. APPROVAL OF MINUTES – REGULAR MEETING OF JUNE 3, 2008 Recommendation: Approve the Regular City Council Meeting Minutes of June 3, 2008. City Council Meeting June 17, 2008 Agenda Page 5 of 10 6. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $822,856.84; $15,079.00 and $1,460,600.47; and Payroll in the amount of $695,114.12. 7. NOVEMBER 4, 2008 GENERAL MUNICIPAL ELECTION Adoption of the proposed resolutions will call the election, consolidate election services with the County Orange, and set the candidate statement fees and regulations. Recommendations: Adopt resolutions. RESOLUTION NO. 08-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF ELECTION AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008,WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE RESOLUTION NO. 08-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 8. CONSIDERATION OF CLAIM OF JOHN VIENNA AND PROGRESSIVE CHOICE INSURANCE COMPANY, CLAIM NO. 08-06 The insurance company representing the Claimant reported that a City tree had fallen on Jamboree Road and caused damage to his 2006 Jeep Wrangler. The cost for necessary repair work to the vehicle was $4,297.38. Recommendation: Deny Claim Number 08-06, John Vienna and Progressive Choice Insurance Company, and direct Staff to send notice thereof to the Claimant(s). 9. CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT PROGRAM ANNUAL COMPLIANCE, FISCAL YEAR 2008-2009 In order to maintain eligibility for the Measure M Growth Management Program, the City is required to annually submit a compliance package to the Orange City Council Meeting June 17, 2008 Agenda Page 6 of 10 County Transportation Authority (OCTA). For Fiscal Year 2008-2009, that package includes: (1) an updated Seven-Year Capital Improvement Program, (2) a Master Plan of Arterial Highways Consistency Resolution, and (3) a Maintenance of Effort Certification. Recommendations: 9.a. Adopt the attached draft Measure M Growth Management Program Seven-Year Capital Improvement Program (Fiscal Year 2008-2009 through Fiscal Year 2014-2015); 9.b. Adopt resolution; and RESOLUTION NO. 08-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF TUSTIN 9.c. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M GMP eligibility package, including certification of the City's Maintenance of Effort (MOE), to the Orange County Transportation Authority. 10. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL 2008/2009 It is requested that the City Council approve continued fiscal operations pending finalization of the 2008/2009 budget. Recommendation: Authorize the City Manager to continue fiscal operations for 2008/2009 at an appropriation level not to exceed that of 2007/2008, until such time as the budget process can be completed. Since the 2008/2009 budget will not be approved until after July 1, 2008, it is necessary for the City Council to authorize expenditures for operations. This would also include capital improvement projects approved in fiscal year 2007/2008 and excludes new capital improvement projects or services. 11. AMENDMENT TO THE CONTRACT WITH ALL MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES Recommendation: Approve an amendment to the contract with All City Management Services, Inc. to provide 31,155 hours for the 2008-2009 school year. City Council Meeting June 17, 2008 Agenda Page 7 of 10 REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 12 through 14) 12. SECOND READING OF ORDINANCE NO. 1353 PERTAINING TO AUDIT COMMISSION REQUIREMENTS Ordinance No. 1353 will update section 1538 of the Tustin City Code to modify the residency requirements for members of the Audit Commission. Recommendation: Have second reading by title only and adoption of Ordinance No. 1353 (roll call vote). ORDINANCE NO. 1353 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE TUSTIN CITY CODE REGARDING THE AUDIT COMMISSION 13. APPROVAL OF A NO STOPPING ZONE ON BRYAN AVENUE BETWEEN MAIN STREET AND RED HILL AVENUE FOR THE PURPOSE OF INSTALLING A CONTINUOUS TWO-WAY LEFT TURN LANE Requests have been received to provide a left turn lane on eastbound Bryan Avenue at Cindy Lane. In order to address these requests a traffic evaluation has been prepared for Main Street/Bryan Avenue between Newport Avenue and Red Hill Avenue, which includes the intersection of Bryan Avenue and Cindy Lane. From the Study it was determined that a two-way left turn lane is justified on Bryan Avenue between Main Street and Red Hill Avenue. In order to install a two-way left turn lane, parking must be restricted on each side of Bryan Avenue, resulting in the elimination of approximately 24 parking spaces on Bryan Avenue. Recommendations: 13.a. Adopt resolution; and RESOLUTION NO. 08-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING A NO STOPPING ZONE ON BRYAN AVENUE BETWEEN MAIN STREET AND RED HILL AVENUE FOR THE PURPOSE OF INSTALLING A CONTINUOUS TWO-WAY LEFT TURN LANE 13.b. It is further recommended that the existing double yellow centerline striping on Bryan Avenue be modified to provide a continuous two-way left turn lane between Main Street and Red Hill Avenue. City Council Meeting June 17, 2008 Agenda Page 8 of 10 14. LEGISLATIVE REPORTS – MISCELLANEOUS Staff has prepared three (3) agenda reports that discuss the following legislative items: ? Assembly Bill 3034 (Galgiani): Safe, Reliable High Speed Passenger Train Bond Act for the 2st Century AB 3034 (Galgiani) is proposed to amend prior law related to the California High Speed Rail System and place a $9.95 billion bond measure on the November 2008 statewide ballot. The existing Bond Act gives priority to the segment between San Francisco and Los Angeles. The project provides for the potential extension of the High Speed Rail System into Orange County as far south as the Irvine Rail Station. Staff revised the support letter considered at the June 3, 2008 Council Meeting to include the City Council's concerns regarding the incurrence of additional state debt. Staff recommends that the City send a letter expressing concerns regarding debt financing and support for AB 3034 with a request for an amendment to omit construction in the LOSSAN Corridor south of Anaheim in Orange County. ? Senate Bill 1316 (Correa): Transportation Facilities, Tolls, Orange and Riverside Counties SB 1316 is intended to provide the Riverside County Transportation Commission (RCTC) the authority to develop and operate toll facilities in the median of SR 91 between SR 55 in Orange County and Interstate 15 in Riverside County. Staff is recommending that the City Council send a letter of support for this bill. Staff recommends that the City Council send a letter of support for Senate Bill 1316 to the author and local legislators. ? Assembly Bill 2175 (Laird): Water Conservation AB 2175 would require the Department of Water Resources (DWR) to establish a statewide target to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. Staff recommends that the City continue to monitor AB 2175. Additionally, Council may request staff to prepare informational reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. Recommendation: Pleasure of the City Council. City Council Meeting June 17, 2008 Agenda Page 9 of 10 OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next meetings of the City Council are scheduled for Tuesday, July 1, 2008 at 4:00 p.m. for the Budget Workshop, followed by the Closed Session Meeting at 5:30 p.m., and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. Adjourn in Memory of Judge Edward Laird City Council Meeting June 17, 2008 Agenda Page 10 of 10