HomeMy WebLinkAbout01 CC MINUTES 07-01-08Agenda Item 1
Reviewed:
City Manager
Finance Director NIA
MINUTES OF A JOINT MEETING
OF THE CITY COUNCIL
AND THE COMMUNITY REDEVELOPMENT AGENCY
AND 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.
City Council Meeting June 17, 2008
Minutes Page 1 of 12
INVOCATION -Councilmember Palmer
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 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.
City Council Meeting June 17, 2008
Minutes Page 2 of 12
Pam Colby concerned that city adding lane, dark street, tree covering stop
causing accidents, bus stop, and magnolia trees are high maintenance.
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 lanes 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
Minutes 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
Minutes 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
Minutes 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
Minutes 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
Management Agency (FEMA) to review and approve the plan.
City Council Meeting June 17, 2008
Minutes Page 7 of 12
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
CHOICE INSURANCE COMPANY, CLAIM NO. 08-06
City Council Meeting June 17, 2008
Minutes Page 8 of 12
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
budget will not be approved until after July 1, 2008, it is necessary for the City
City Council Meeting June 17, 2008
Minutes Page 9 of 12
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
Council Meeting to include the City Council's concerns regarding the
City Council Meeting June 17, 2008
Minutes Page 10 of 12
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,
opposed SB375;
City Council Meeting June 17, 2008
Minutes Page 11 of 12
• 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 9th 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 25th 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
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