HomeMy WebLinkAbout04 CC Action Agenda 6-3 and 17-08ITEM #4
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Planning Commission
DATE: JUNE 24, 2008
SUBJECT: CITY COUNCIL ACTION AGENDAS
JUNE 3 AND 17, 2008
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDAS
JUNE 3 AND 17, 2008
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JUNE 17, 2008
CALLED TO ORDER MEETING #2190 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Pro Tem Doug Davert; and Councilmembers Lou Bone, Tony
Kawashima, and Jim Palmer
Absent: Mayor Jerry Amante
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT -None
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
RECESSED - At 5:30 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session with same
members present.
REGULAR BUSINESS MEETING
CALL TO ORDER MEETING #2190 AT 7:01 P.M.
INVOCATION - Councilmember Palmer
City Council Meeting June 17, 2008
Agenda Page 1 of 12
PLEDGE OF ALLEGIANCE -Councilmember Bone
ROLL CALL
Present: Mayor Pro Tem Doug Davert; Councilmembers Lou Bone, Tony
Kawashima, and Jim Palmer
Absent: Mayor Jerry Amante
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report.
ORAL COMMUNICATION /PUBLIC INPUT
• Gene Opittek spoke in opposition to overnight parking ban issue to be considered by
Council in the Fall.
• Barbara Bryant spoke in opposition to Agenda Item No. 13 and suggested that
speeding was the problem.
• Rosalie Morris representing CR&R advised residents that direct billing will begin in
July; letters notifying residents mailed out this week; will offer automatic payment
program; and payments will be due quarterly.
REGULAR BUSINESS ITEMS (ITEM TAKEN OUT OF ORDER)
Councilmember Palmer excused himself from proceedings of Agenda Item 13 due to a
conflict of interest and did not participate in consideration of this item. He left the dais
at 7:12 p. m.
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 atwo-way left turn lane is
justified on Bryan Avenue between Main Street and Red Hill Avenue. In
order to install atwo-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.
Pam Colby concerned that city adding lane, dark street, tree covering stop
causing accidents, bus stop, and magnolia trees are high maintenance.
City Council Meeting June 17, 2008
Agenda Page 2 of 12
Walter Foster, not in favor of curb lanes, suggests enlarging driveways and
referenced driveways in other areas of the City.
Annette Bartolomucci, concerned with alignment of driveways in apartment
complex with that of residents on Cindy Lane; dangerous high speed drivers.
Charles Laumann, opined that it should not be arterial highway; does not
believe that turn Panes will fit along Bryan due to lengths; Bryan should be
collector street and reduce speed limits.
Don Tilcotson, left turn lanes may be benefit, however travel in area is still
unsafe; suggests a reduced speed to 30 mph to make it consistent with old
town down Main Street.
William Hemans, resides on Cindy Lane, has been rear-ended -alignment
can be shifted into parkway area and make it open and an easier turn.
Chris Foster, striping not possible with current alignment; left turn lanes may
create a safety issue for right turn lanes.
Public Works Director Tim Serlet responded to concerns raised by residents
and council members. Indicated that proposal addressed left turn lane issue
only, current bicycle lane ends at Red Hill, street light and tree maintenance
can be addressed by staff, speed limit set by vehicle code.
Councilmember Bone inquired about bus stops, bike lanes, street lights on
Cindy Lane, and speed limit, speed trailer suggested. Graphics to be
included in follow-up agenda report with combination of solutions for council
to consider.
Mayor Pro Tem Davert suggested due to complexity of issue, to have
Planning Commission consider item and propose solutions and alternatives.
Kawashima recommended graphics of simulated striping included in next
report.
Councilmember Bone suggested item not go to Planning Commission but
come back directly to Council.
Motion: Council consensus for staff to continue matter to a future meeting.
RECESSED CITY COUNCIL MEETING AT 7:46 P.M. AND COUNCILMEMBER
PALMER REJOINED THE MEETING AT THAT TIME
CALLED TO ORDER A JOINT MEETING OF THE CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY
City Council Meeting June 17, 2008
Agenda Page 3 of 12
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.
Staff report presentation by Assistant City Manager Christine Shingleton &
Redevelopment Program Manager Jerry Craig.
Public hearing opened at 7:51 p.m., no members of the public spoke on the
item and the public hearing closed.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Kawashima, to:
Redevelopment Agency Actions:
1.a. 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.
Motion carried 4-0 (Amante absent).
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.
Staff report presentation by Assistant City Manager Christine Shingleton and
Community Development Director Elizabeth Binsack.
Public hearing opened at 8:13 p.m.; no members of the public spoke on the
item and the public hearing closed.
City Council Meeting June 17, 2008
Agenda Page 4 of 12
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Kawashima, to:
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
Motion carried 4-0 (Amante absent).
ADJOURNED JOINT MEETING AND RECONVENED TO THE REGULAR CITY
COUNCIL MEETING AT 8:13 P.M.
PUBLIC HEARING ITEMS
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.
Public hearing opened at 8:14 p.m.; Linda Tang on behalf of The Kennedy
Commission, a coalition of community members advocating for a balanced
housing development, looks forward to working with Council and staff on
developing policies to provide housing for all income segments of the
community, suggested a few recommendations. No other members of the
public spoke on the item and the public hearing closed at 8:16 p.m.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Palmer, to:
City Council Meeting June 17, 2008
Agenda Page 5 of 12
1.a. 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
Motion carried 4-0 (Amante absent).
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).
Public hearing opened at 8:19 p.m.; no members of the public spoke on the
item and the public hearing closed.
Motion: It was moved by Councilmember Bone, seconded by
Councilmember Kawashima, to:
2.a. 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
Motion carried 4-0 (Amante absent).
COUNCIL RECESSED AT 8:22 P.M. AND RECONVENED AT 8:27 P.M. WITH ALL
MEMBERS PRESENT
City Council Meeting June 17, 2008
Agenda Page 6 of 12
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
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.
Staff report presentation by Public Works Director Tim Serlet
Public hearing opened at 8:29 p.m.; no members of the public spoke on the
item and the public hearing closed.
Motion: It was moved by Councilmember Bone, seconded by
Councilmember Kawashima, to:
3.a. 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
Motion carried 4-0 (Amante absent).
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
City Council Meeting June 17, 2008
Agenda Page 7 of 12
Management Agency (FEMA) to review and approve the plan.
Motion: It was moved by Councilmember Palmer, seconded by
Councilmember Bone, to continue the public hearing to September 2, 2008.
Motion carried 4-0 (Amante absent).
CONSENT CALENDAR ITEMS - It was moved by Councilmember Bone, seconded by
Councilmember Kawashima, to approve Consent Calendar items as recommended by
staff. Motion carried 4-0 (Amante absent).
5. APPROVAL OF MINUTES -REGULAR MEETING OF JUNE 3, 2008
Motion: Approve the Regular City Council Meeting Minutes of June 3, 2008.
6. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: 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
City Council Meeting June 17, 2008
Agenda Page 8 of 12
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.
Motion: 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 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.
Motion:
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.
Motion: 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
City Council Meeting June 17, 2008
Agenda Page 9 of 12
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
Motion: Approve an amendment to the contract with All City Management
Services, Inc. to provide 31,155 hours for the 2008-2009 school year.
REGULAR BUSINESS ITEMS
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.
Motion: It was moved by Councilmember Bone, seconded by
Councilmember Kawashima, to 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
Motion carried 4-0 (Amante absent).
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 21St 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
City Council Meeting June 17, 2008
Agenda Page 10 of 12
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.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Palmer, to approve staff recommendations. Motion carried 4-0 (Amante
absent).
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Congratulated all graduates; and
• Inquired on status of Library construction; Assistant City Manager Shingleton replied
the library project was on schedule and doing well.
Councilmember Palmer:
• Appointed to the Orange County Library Ad Hoc Allocation Formula Task Force;
• Commend American Legion Post 227 on flag retirement ceremony; and
• Congratulations to Police Department on great Open House.
Councilmember Bone:
• Southern California Association of Governments among several other agencies,
City Council Meeting June 17, 2008
Agenda Page 11 of 12
opposed SB375;
• Suggested monitoring of SB303 -language from SB375 being redirected here;
• RHNA, SCAG passed a no EIR to be used;
• Water Advisory of Orange County report -Tustin continues to conserve water;
• Orange County Vector Control report - 117 dead birds found, 34 infected with West
Nile Virus, none in Tustin;
• Orange County Board of Supervisor Norby has 9t" edition of Redevelopment: The
Unknown Government; and
• Toured Prospect Village, great plan.
Mayor Pro Tem Davert:
• Congratulated Mayor on State of the City Address;
• Mayor elected as Chairman of Eastern Transportation Corridor Agency;
• Mayor in New York on Orange County Transportation Authority business;
• Lobbied in Sacramento last week, State budget and financial situation bleak;
• Announced Concerts in the Park starting next Wednesday;
• Police Department Open House was a great success;
• Man and Woman of the year dinner coming up on Friday;
• Met new Orange County Sheriff appointee Sandra Hutchens;
• Along with Mayor, met with Foothill community about airport noise and future
expansion of John Wayne airport;
• Public hearing on June 25~' at the Orange County Sanitation District Board Room to
consider local sewer fee increase; and
• Adjourned in memory of Tustin area resident and Superior Court Judge Laird;
ADJOURNED - 8:44 P.M. -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 12 of 12
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JUNE 17, 2008
CALL TO ORDER MEETING #723 AT 8:44 p.m.
ATTENDANCE
Present: Chair Pro Tem Doug Davert; Agency Members Lou Bone, Tony
Kawashima, and Jim Palmer
Absent: Chair Jerry Amante
Recording Secretary: Pamela Stoker
Others Present: William A. Huston, Executive Director; and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEMS - It was moved by Agency Member Bone, seconded by
Agency Member Kawashima, to approve items 1 and 2. Motion carried 4-0 (Amante
absent).
1. APPROVAL OF MINUTES -REGULAR MEETING OF JUNE 3, 2008
Motion: Approve the Redevelopment Agency Minutes of June 3, 2008.
2. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL 2008/2009
It is requested that the Agency approve continued fiscal operations pending
finalization of the 2008/2009 budget.
Motion: Authorize the Executive Director 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 Agency to
authorize expenditures for operations. This would also include capital
improvement projects approved in fiscal year 2007/2008, but exclude new
capital improvement projects or services.
ADJOURNED - 8:45 P.M. -Next regular meeting is scheduled for Tuesday, July 1, 2008 at
7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California
Community Redevelopment Agency Meeting June 17, 2008
Action Agenda Page 1 of 1
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JUNE 3, 2008
CALLED TO ORDER MEETING #2189 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEM
A. CONFERENCE WITH LEGAL COUNSEL - EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)3.E -Two (2) Cases
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8
Property: Property defined within the Master Developer footprint
at Tustin Legacy (the former Marine Corps Air Station
Tustin) including Reuse Plan Disposal Parcels 4, 5, 6,
7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and
portions of Reuse Plan Disposal Parcel 40.
City Negotiators: Christine Shingleton, Assistant City Manager
Negotiators for TLCP: Simon Whitmey and Colm Macken representative for
Tustin Legacy Community Partners (TLCP)
Under Negotiation: Terms of Conveyance
RECESSED - At 5:30 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session with all
members present.
City Council Meeting June 3, 2008
Action Agenda Page 1 of 11
PUBLIC MEETING
CALL TO ORDER MEETING #2189 AT 7:01 P.M.
INVOCATION -Councilmember Jim Palmer
PLEDGE OF ALLEGIANCE -Councilmember Jim Palmer
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert, Councilmembers
Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report.
PRESENTATIONS
• Proclamation presented by Mayor Amante to Nancy Brock for earning the Girl
Scout Gold Award
• Proclamation presented by Mayor Amante to Assistant Principal, JoAnne Motter
of Tustin High School in recognition of being a top ranking public high school
• Certificates of Recognition presented by Mayor Amante to the following Tustin
Pride essay/poster contest winners:
"How can I keep Tustin clean, safe, and beautiful?"
Armanie Blanchard Ratthe
Kayli Sandoval
Syed Immad Ali
Michelle Negrete
Nina Long
Samuel Steinberg
Christine Do
Annlise Gushue
Kaylene Guerrero
Sara Betts
Yanet Miranda
Raquel Duarte
Tustin Ranch Elementary
Tustin Ranch Elementary
Tustin Memorial Academy
Beswick Elementary
Peters Canyon Elementary
Arroyo Elementary
Tustin Memorial Academy
Arroyo Elementary
Beswick Elementary
Veeh Elementary
Utt Middle School
Utt Middle School
Grade 1
Grade 1
Grade 2
Grade 2
Grade 3
Grade 3
Grade 4
Grade 4
Grade 5
Grade 5
Grade 8
Grade 8
Poster
Essay
Poster
Essay
Poster
Essay
Essay
Poster
Poster
Essay
Poster
Essay
City Council Meeting
Action Agenda
June 3, 2008
Page 2 of 11
Council RECESSED at 7:16 p.m. and RECONVENED at 7:19 p.m. with all members
present.
ORAL COMMUNICATION /PUBLIC INPUT
• Bob Stien of Tustin Community Foundation announced awards given to local non-
profits; and spoke on power outage yesterday that affected many customers including
Tustin City Hall.
• Sakima Terrel of Lost Bean Organic Coffee & Tea thanked City for Chili Cook-Off and
Tustin Community Foundation success.
CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone, to approve balance of the Consent Calendar items as
recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 20, 2008
Motion: Approve the Regular City Council Meeting Minutes of May 20, 2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $2,015,905.69 and $1,796,773.95;
Reversals in the amount of $9,032.10; and Payroll in the amount of $667,784.07.
3. PLANNING ACTION AGENDA -MAY 27, 2008
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Motion: Receive and file.
4. INTRODUCTION 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.
Motion: Introduce and waive first reading of Ordinance No. 1353 by title only and
set for second reading at the Council's June 17, 2008 meeting.
ORDINANCE NO. 1353 - AN ORDINANCE OF THE CITY COUNCIL OF THE
City Council Meeting June 3, 2008
Action Agenda Page 3 of 11
CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1538 OF THE
TUSTIN CITY CODE REGARDING THE AUDIT COMMISSION
5. DECLARATION OF SURPLUS OFFICE FURNITURE
Motion: Declare the furniture detailed in report as surplus and not required for
public use in accordance with the Tustin City Code, Section 1626 and authorize the
Public Works Department to sell the furniture at public auction.
6. AWARD OF CONTRACT FOR CONSTRUCTION OF THE VALENCIA AVENUE,
ARMSTRONG AVENUE, KENSINGTON PARK DRIVE AND LANSDOWNE ROAD
PAVEMENT FINISH SURFACE (CIP NO. 7188)
Motion: Award the construction contract for the Valencia Avenue, Armstrong
Avenue, Kensington Park Drive and Lansdowne Road Pavement Finish Surface
(CIP No. 7188) to Hardy & Harper, Inc., the lowest responsible and responsive
bidder, in the amount of $955,000.00; and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City.
7. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR
THE GENERAL FUND AREAS AND THE TUSTIN LEGACY PARCELS WITH
SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC.
Approval of the third contract amendment will extend the agreement for landscape
maintenance services for the General Fund areas and the Tustin Legacy parcels for
the period from July 1, 2008 to June 30, 2009 and will provide a price increase of
3.3% for only the General Fund areas. The amendment also provides for the
addition of landscape maintenance services for additional landscape areas.
Motion: Approve the third amendment to the contract agreement between
SpectrumCare Landscape & Irrigation Management, Inc. and the City of Tustin for
landscape maintenance services for the General Fund areas and the Tustin Legacy
parcels, subject to City Attorney approval.
8. EMERGENCY REPAIR OF WALNUT WELL
Walnut Well recently experienced a mechanical failure. Detailed inspection
determined that various parts of the well pump and shaft need to be replaced to
make the well operable. It is critical that Walnut Well be returned to service as
quickly as possible to meet the operational, emergency, and fire flow requirements
of the City's water service area.
Motion:
City Council Meeting June 3, 2008
Action Agenda Page 4 of 11
8.a. Adopt resolution (Requires afour--fifths vote); and
RESOLUTION NO. 08-35 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA DECLARING THAT THE PUBLIC
INTEREST AND NECESSITY DEMANDED THE IMMEDIATE
EXPENDITURE OF PUBLIC MONEY TO REPAIR WALNUT WELL TO
SAFEGUARD LIFE, HEALTH, AND PROPERTY
8.b. Authorize the $63,453.60 from the Water Division's FY 2007-08 Operations
Budget to complete repairs to Walnut Well.
9. AWARD OF CONTRACT TO PROCURE TWO MOBILE AIR COMPRESSORS
FOR WATER DIVISION CONSTRUCTION AND MAINTENANCE ACTIVITIES
One bid was received from a qualified bidder on May 22, 2008. Staff has reviewed
the bid, and determined that the prospective vendor has fully met the bid and
specification requirements.
Motion: Award the contract to purchase two (2) mobile air compressors for Water
Division maintenance/construction activities to Volvo Construction Equipment and
Services in the amount of $28,876.15.
10. AGREEMENT WITH THE ORANGE COUNTY DISTRICT ATTORNEY FOR
PROSECUTION SERVICES
The agreement for prosecution services with the District Attorney will expire on June
30, 2008. The District Attorney's office generally prosecutes Penal, Health and
Safety, and Vehicle Code violations referred by the Tustin Police Department. If
referred by the City, the District Attorney's Of1=lce may also prosecute violators of the
Tustin City Code. The proposed term of the agreement is for afive-year period
beginning July 1, 2008 and terminating on June 30, 2013.
Motion: Authorize the Mayor to execute a Prosecution Services Agreement with the
Orange County District Attorney.
REGULAR BUSINESS ITEMS
11. SET DATE FOR FISCAL YEAR 2008-09 BUDGET WORKSHOP
Staff suggests that the City Council schedule a Budget Workshop for 4:30 p.m. on
Tuesday, July 1, 2008. The draft budget will be submitted to the City Council prior
to the budget workshop.
Councilmember Palmer requested staff review minutes from last year's budget
presentation, increase length of executive narrative, and Department Heads present
City Council Meeting June 3, 2008
Action Agenda Page 5 of 11
goals and objectives.
Mayor Amante asked staff to monetize Tustin Community Foundations funds to give
them ability to leverage and allow more fundraising thus provide more grants.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to schedule a Budget Workshop for 4:30 p.m. on Tuesday, July 1, 2008.
Amended Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone to amend motion and schedule Budget Workshop for 4:00 p.m.
instead of 4:30 p.m. Motion carried 5-0.
12. APPROVAL OF FINAL REPORT FOR CITY-INITIATED TRANSIT EXTENSIONS
TO METROLINK (THE "GO LOCAL STEP 1" PROGRAM) AND AUTHORIZATION
TO PURSUE THE "GO LOCAL STEP 2" PROGRAM
In order to address future Metrolink service expansion, the Orange County
Transportation Authority (OCTA) developed a program known as "GO LOCAL" to
plan and implement City-initiated transit extension to OCTA's Metrolink Commuter
Rail Line. Step 1 of the "GO LOCAL" Program provided a $100,000 grant to study
possible extensions to the Metrolink line. A final report containing recommendations
to expand existing transit service and improve bicycle and pedestrian access to the
Tustin Metrolink Station has been prepared for City Council review and approval
and is included in the Step 2 of the "GO LOCAL" Program. Step 2 is a process
where the participating cities will compete for additional funding to further develop
the most promising projects.
Presentation by Public Works Director Tim Serlet and Chris Grey of Fehr & Peers
Transportation Consultants
Study Background
• Step 1 of the OCTA Go Local Program
• $100,000 grant by OCTA to Orange County cities
• City of Tustin applied its grant to focus on the Tustin Metrolink Station
• Study recommendations will be studied further in Go Local Step 2
(competitive process)
• Further funding available in later stages of Go Local
Study Objectives
• Maximize station access for Tustin residents and employees
• Facilitate access by all modes of travel (auto, bus, pedestrians)
Key Findings
• Existing OCTA bus routes provide good connectivity to Irvine
• Difficult to get to many areas of Tustin via OCTA bus routes (i.e. City Hall)
• Most station patrons come from outside of Tustin
• Pedestrian accessibility could be improved
City Council Meeting June 3, 2008
Action Agenda Page 6 of 11
• New transit will enhance connectivity to Irvine instead of Tustin (Irvine
Shuttle)
Pedestrian Access Example
• No authorized access route to the north yet persons still walk between the
station and business park
Recommendations
• #1- Provide shuttle between City Hall/Downtown and station
• #2- Provide enhanced connection to areas north of station (authorized
access)
• #3- Transit connection to Tustin Legacy project
• #4- Enhanced pedestrian connection to Tustin Legacy project
• #5- Pathway to Peters Canyon Recreational Trail
Summary
Recommendation Capital Cost Operating Cost Potential Usage
#1 $1.2 to $1.6 M $300K-600K 400-600 daily riders
#2 $500K Minimal 50-100 peds
#3 $400-$600K $100-300K 1,000-2,000 daily riders
#4 $15K-$25K Minimal 200-300 peds
#5 $750K Minimal Limited
Next Steps
• Submit Go Local Report to OCTA by June 30tH
• OCTA reviews all Go Local reports
• OCTA identifies Step 1 Recommendations for further study
• Detailed planning on Step 1 Recommendations (Go Local Step 2)
• Focusing on Recommendation #1
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to approve the final report for the "GO LOCAL Step 1" Program and authorize
submittal of the final report to OCTA for consideration under the "GO LOCAL Step
2" competitive process. Motion carried 4-0, Kawashima abstained.
13. AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT FOR CONVEYANCE
OF PROPERTY AT TUSTIN LEGACY
Approval is requested of a package of documents in connection with an agreement
between the City of Tustin (the "City") and the Tustin Unified School District
("TUSD") for conveyance of a portion of property at Tustin Legacy and the
establishment of an Elementary School and High School at Tustin Legacy.
City Council Meeting June 3, 2008
Action Agenda Page 7 of 11
Presentation by Assistant City Manager Christine Shingleton.
Background
• TUSD Participated in the City's Reuse Planning Process.
• In 1996 TUSD executed an agreement with the City which provided for school sites
at Tustin Legacy.
• The agreement regarding school sites is reflected in the adopted MCAS Tustin
EIS/EIR, and MCAS Tustin Reuse/ Specific Plan.
TUSD Conveyances for Educational Uses
• Two sites were designated for conveyance from the City to TUSD at no land cost.
/ Approx. 40 acres to TUSD for a High School.
/ Approx. 10 acres to TUSD for a K-6 School.
• One Site was proposed for conveyance at no land cost directly from the U.S.
Department of Education in 2003.
/ Approx. 10 acres to Tustin Unified School District for a K-6 School.
• In 2002 U.S. Navy conveyed to the City land for the High School and one K-6 site.
• In 2003, on recommendation of the City, the U.S. Department of Education
conveyed a K-6 site to TUSD.
• The Reuse Plan and 1996 Agreement require Tustin and TUSD to enter into a
subsequent agreement prior to the conveyance of the High School and one K-6
site to TUSD and use of the sites by TUSD.
Conveyance Agreement
• Purpose of Conveyance Agreement:
/ Identify Planning Goals of TUSD in receiving sites.
/ Identify scope and schedule for school developments.
/ Establish process for consultation on school developments and operational
issues.
/ Identify TUSD capital improvements and CEQA mitigation required.
/ Identify procedures for conveyances.
/ Ensure if school sites are not used for intended purpose, the sites are returned
to City.
Summary of Conveyance Agreement
• Description of TUSD Property
/ Initial Closing -
^ Quitclaim Deed by City of 38.477 acre portion of High School and 10.01
acre Elementary School site with mineral and water rights reserved by
City.
^ Sublease between City and TUSD of 1.478 acre portion of High School site
(subject to Navy Lease in Furtherance of Conveyance)
^ Bill of Sale by City for personal property and former military utilities systems
abandoned on sites.
• Subsequent Closing
/ Quitclaim Deed by City of 1.478 acre portion of High School .
• Subject to all Governmental Requirements, including Tustin General Plan, Reuse
Plan/Specific Plan, the redevelopment plan, and Federal and State law.
City Council Meeting June 3, 2008
Action Agenda Page 8 of 11
• TUSD must use property in perpetuity for public education purposes intended
(High School and Elementary School).
• Restricts changes in ownership or control of sites after conveyance by City to
TUSD.
Environmental Documentation
• Conveyance Agreement reviewed in the context of the original MCAS Tustin Final
EIS/EIR with the preparation of an Initial Study.
• Determined that all environmental issues related to conveyance of property
previously considered in the Final EIS/EIR and no additional environmental
analysis or action required.
Recommendations
• Adopt Resolution No. 08-38 on the environmental determination for the
Conveyance.
• Approve the Conveyance Agreement, subject to non-substantive modifications as
determined necessary by City Manager or City's legal counsel.
• Authorize City Manager or Asst. City Manager to execute Agreement and transmit
to TUSD and to take all actions necessary to implement Agreement, including
execution of all related documents and to transfer subject sites to TUSD.
Council discussion ensued. Mayor Amante presented renderings of proposed new
high school at Tustin Legacy.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to:
13.a. Adopt resolution; and
RESOLUTION NO. 08-38 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO PUBLIC
RESOURCES CODE SECTION 2116 AND SECTION 15168(c) OF STATE CEQA
GUIDELINES THE PROJECT IS WITHIN THE SCOPE OF THE FINAL JOINT
PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL
IMPACT REPORT (MCAS TUSTIN FEIS/EIR) AND NO NEW ENVIRONMENTAL
DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN
INCORPORATED INTO THE PROJECT OR WILL BE CONDITIONS OF
APPROVAL ON PENDING ENTITLEMENT APPLICATIONS
13.b. Approve the Agreement between the City of Tustin and the Tustin Unified School
District for Conveyance of a Portion of MCAS Tustin and the Establishment of an
Elementary School and High School (the "Agreement") and ancillary supporting
documents, subject to any non-substantive modifications as may be determined
necessary by the City Manager, or as recommended by the City's special counsel or
City Attorney; authorize the City Manager, or Assistant City Manager, to execute the
Agreement and transmit said Agreement to TUSD and to take all actions necessary
to implement the Agreement, including execution of all related documents,
instruments, Quitclaim Deeds, the Sublease, the Bill of Sale, any Representations by
the City, any necessary escrow closing documents to transfer subject properties to
TUSD pursuant to provisions of the Agreement.
City Council Meeting June 3, 2008
Action Agenda Page 9 of 11
Motion carried 5-0.
Paula A. Schaefer of the Law Firm of Miller, Brown and Dannis, represents Tustin
Unified School District, indicated that the District received notification of this meeting
on Friday, May 30th and only received the relative voluminous documents at noon
that same day. After a full review and analysis of documents and a presentation of
findings to the School Board, they will contact City Manager.
14. LEGISLATIVE REPORTS -MISCELLANEOUS
Staff has prepared two (2) agenda reports that discuss the following legislative
items:
• Assembly Bill 3034: Safe, Reliable High Speed Passenger Train Bond Act for
the 21St Century (Galgiani)
Staff recommends that the City Council take a position of support on AB3034
only if the bond measure is amended to exclude funding for the segment in
the LOSSAN corridor south of Anaheim and direct staff to transmit the draft
letter included in agenda report.
Motion: It was moved by Councilmember Bone, seconded by Mayor Amante,
to support AB3034 only if the bond measure is amended to exclude funding
for the segment in the LOSSAN corridor south of Anaheim and direct staff to
transmit the draft letter included in agenda report. Council discussion
ensued. Requested that staff return to Council with a clarified letter.
H.R. 3121: Flood Insurance Reform and Modernization Act of 2007
Staff recommends that the City Council take a position of opposition and
direct staff to transmit the draft letter included in the agenda report.
Motion: It was moved by Councilmember Palmer, seconded by Mayor Pro
Tem Davert, to send letter of opposition. Motion carried 5-0.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Attended event for Amputees Across America on Monday, June 2nd;
• Rode Metrolink train for the first time, very enjoyable; and
• Memorial Day event at Tustin Ranch Elementary was attended by many veterans.
Councilmember Palmer:
Congratulated Tustin Community Foundation and thanked them for efforts; and
Congratulated Tustin High school for accomplishments even with challenged campus.
Councilmember Bone:
City Council Meeting June 3, 2008
Action Agenda Page 10 of 11
• Noted that State Governor has established a Secretary of Service and Volunteering;
• Committee report on Southern California Association of Governments, John Wayne
Airport moves less air freight than Palm Springs and Burbank Airports. Orange County
could suffer in next 25-50 years with change in economy;
• Illegal truck traffic and parking is a big problem in State, Tustin identified as having
extensive problems; and
• Chili-cook off was a great event, over 35,000 people attended.
Mayor Pro Tem Davert:
• Orange County Sanitation District report, approved sewer charge which starts next year
and amounts to about $200 a year;
• Orange County Fire Authority budget approved for 2008-09, no fee increases projected;
• Saturday, June 14th Tustin Police Department will hold annual open house; and
• Friday, June 6th at 12 noon is State of the City Luncheon.
Mayor Amante:
• Congratulated Mayor Pro Tem Davert on leadership and being selected Chair of Orange
County Sanitation District;
• OCTA funding of transportation and support for Measure M2 projects, tough decisions
with funding challenges;
• Attended Memorial Day event at Fairhaven Cemetery;
• Congratulated staff and committee on success of Chili Cook-off; and
• Attended Tustin Community Foundation event last night that awarded grants to local
organizations.
ADJOURNED - 8:28 p.m. -The next regular meeting of the City Council is scheduled
for Tuesday, June 17, 2008 at 5:30 for Closed Session and 7:00 p.m.
for the Regular Business Meeting in the Council Chamber, 300
Centennial Way, Tustin, California.
City Council Meeting June 3, 2008
Action Agenda Page 11 of 11
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
JUNE 3, 2008
CALL TO ORDER MEETING #722 AT 8:28 p.m.
ATTENDANCE
Present: Chair Jerry Amante; Chair Pro Tem Doug Davert; Agency
Members Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
Recording Secretary: Pamela Stoker
Others Present: William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEM
1. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 20, 2008
Motion: It was moved by Chair Pro Tem Davert, seconded by Agency Member
Palmer, to approve the Redevelopment Agency Minutes of May 20, 2008.
Motion carried 5-0.
ADJOURNED - 8:29 P.M. -Next regular meeting is scheduled for Tuesday, June 17, 2008
at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin,
California
Community Redevelopment Agency Meeting June 3, 2008
Agenda Page 1 of 1