HomeMy WebLinkAbout00 CC AGENDA 10-07-08
CITY OF TUSTIN OCTOBER 7, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
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 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. The following items were received for the October 7,
2008 meeting. (Agenda Items A through D)
CALL TO ORDER
– Meeting #2197
ATTENDANCE
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS -
CONFERENCE WITH LEGAL COUNSEL
A. Existing Litigation [Government Code Section 54856.9(a)] - Whiteley v. City of
Tustin
B. Exposure to Litigation [Government Code Section 54856.9(b)] - Two Cases
C. Initiation of Litigation [Government Code Section 54856.9(c)] - Two Cases
D. Property Negotiations Terms and Conditions of Purchase [Government Code
Section 54956.8] – Two Cases
D.1. Property: Property identified as the Pacific Center East/Former AAE
site as legally described in the RFP issued by the Agency,
a copy of which is on file with the City Clerk’s office
Negotiators: City of Tustin - Christine Shingleton, Assistant City
Manager; and Opus West - Jeff Hill
NOTE: As required by Senate Bill 343, any non-confidential writings or documents
provided to a majority of the City Council members regarding any item on this
agenda will be made available for public inspection in the City Clerk’s office
located at 300 Centennial Way, Tustin, CA during normal business hours.
D.2. Property: Property identified as L.P. – Lots 1-29, Tract Map 16695
Negotiators: City of Tustin - Christine Shingleton, Assistant City
Manager; and Vestar - Allan Kasen
REGULAR BUSINESS MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2197
INVOCATION, PRESENTATION OF COLORS, AND PLEDGE OF ALLEGIANCE –
Tustin American Legion
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
Certificates of Recognition presented by Mayor Amante to Pam & Steve Gooderham
?
Certificates of Recognition presented by Mayor Amante to the following recipients of
?
the 2008 American Legion Boys State Competition: Brogan Evans of Beckman High
School, Tyler Ochiai of Foothill High School, and David Reuter of Tustin High
School
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
Items1 and 2)
1. PUBLIC HEARING: HOLD A SPECIAL ELECTION TO ANNEX TERRITORY
TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
On September 2, 2008, the City Council adopted a resolution stating their
intention to annex territory to Community Facilities District No. 06-1. The next
step in completing this annexation is to call a special election to hear protests
City Council Meeting October 7, 2008
Agenda Page 2 of 11
to said annexation and, if appropriate upon closing the hearing, make certain
findings of approval by adoption of attached Resolution No. 08-71 authorizing
the annexation and Ordinance No. 1359 amending and restating Ordinance
No. 1315 regarding the levy of special taxes within Community Facilities
District No. 06-1.
Recommendations:
1.a. Open the Public Hearing to receive testimony from interested persons
for or against the proposed annexation;
1.b. Close the Public Hearing;
1.c. Adopt resolutions; and
RESOLUTION NO. 08-70 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN CALLING SPECIAL ELECTION
REGARDING ANNEXATION OF TERRITORY TO CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES)
RESOLUTION NO. 08-71 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN OF ANNEXATION DETERMINING THAT
THE ANNEXATION OF ADDITIONAL TERRITORY TO CITY OF
TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN
LEGACY/COLUMBUS VILLAGES) AND THE LEVYING OF SPECIAL
TAXES WITHIN SUCH ADDITIONAL TERRITORY IS LAWFULLY
AUTHORIZED AND DIRECTING RECORDING OF NOTICE OF SUCH
ANNEXATION
1.d. Introduce and approve the first reading of Ordinance No. 1359 and set
for a second reading at the City Council's October 21, 2008 meeting.
ORDINANCE NO. 1359 - AN ORDINANCE OF THE CITY OF TUSTIN
LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY
FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS
VILLAGES) AND AMENDING AND RESTATING ORDINANCE NO.
1315
2. PUBLIC HEARING: CODE AMENDMENT 08-001, OFF-STREET PARKING
REGULATIONS
On April 15, 2008, City Council directed staff to prepare ordinances intended
to improve the quality of life within Tustin and increase the efficiency of the
City's circulation system. Community Development staff prepared a
comprehensive parking ordinance establishing design standards and clarifying
on-site parking restrictions, and providing flexibility for Old Town parking. The
Planning Commission considered the matter on May 27, 2008 and
City Council Meeting October 7, 2008
Agenda Page 3 of 11
recommend City Council approval.
Recommendations:
2.a. Adopt Resolution No. 08-41 finding the Negative Declaration adequate
for proposed Code Amendment 08-001; and
RESOLUTION NO. 08-41 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE
DECLARATION FOR CODE AMENDMENT 08-001, A REVISION TO THE
CODE ADDING PART 6 TO CHAPTER 2 OF ARTICLE 9 AND AMENDING
TUSTIN CITY CODE SECTIONS 9221 to 9228, 9231 to 9235, 9241, 9242,
9271, 9297, AND 9299 RELATING TO OFF-STREET PARKING
REGULATIONS
2.b. Introduce and approve the first reading of Ordinance No. 1354
approving Code Amendment 08-001 and set for a second reading at
the City Council's October 21, 2008 meeting.
ORDINANCE NO. 1354 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ADDING PART 6 TO CHAPTER 2 OF ARTICLE 9 OF THE
TUSTIN CITY CODE ESTABLISHING OFF-STREET PARKING
REQUIREMENTS TO ENSURE THAT SUFFICIENT OFF-STREET PARKING
FACILITIES ARE PROVIDED FOR ALL USES AND THAT PARKING
FACILITIES ARE PROPERLY DESIGNED AND MAINTAINED, AND
AMENDING TUSTIN CITY CODE SECTIONS 9221 TO 9228, 9231 TO 9235,
9241, 9242, 9251, 9271, 9297, AND 9299
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 3 through 6
3. PROHIBITING PARKING ALONG DESIGNATED PORTIONS OF NEWPORT
AVENUE, REDHILL AVENUE, AND IRVINE BOULEVARD (INTRODUCE
ORDINANCE NO. 1357)
In response to a series of public workshops over the last year with City
Council regarding traffic congestion along Newport Avenue, Red Hill Avenue,
and Irvine Boulevard, staff recommends that the City Council adopt an
ordinance prohibiting parking along designated portions of each arterial. It has
been determined that congestion along each arterial can be relieved by
increasing roadway capacity with the addition of a third travel lane in each
direction within the existing curb-to-curb width. No additional right-of-way is
required by this action.
Proposed action will prohibit parking along the following designated portions
of:
City Council Meeting October 7, 2008
Agenda Page 4 of 11
1. Newport Avenue - Sycamore Avenue to First Street;
2. Red Hill Avenue - Sycamore Avenue to Mitchell Street & San Juan
Street to Bryan Avenue; and
3. Irvine Boulevard - Prospect Avenue to Holt Avenue.
Recommendation: Introduce and approve the first reading of Ordinance No.
1357 and set for a second reading at the City Council's October 21, 2008
meeting.
ORDINANCE NO. 1357 - AN ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING SECTION 5333 TO PART 3 TO CHAPTER 3
OF ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO
PROHIBITION OF PARKING ON DESIGNATED ARTERIAL STREETS
4. PROHIBITING PARKING TO FACILITATE STREET SWEEPING
(INTRODUCE ORDINANCE NO. 1356)
Over the past year, several City Council workshops were held to discuss parking
regulations for purposes of improving the quality of life within Tustin. Among the
regulations considered were those necessary to facilitate street sweeping
throughout the City. At its September 15, 2008 workshop the City Council
directed staff to prepare an ordinance restricting parking on all public streets
during the following hours on the day the street is scheduled to be swept:
Residential Streets: 7:00 a.m. - 11:00 a.m.
Arterial Streets: 4:00 a.m. - 7:00 a.m.
Recommendations:
4.a. Introduce and approve the first reading of Ordinance No. 1356 to prohibit
parking to facilitate street sweeping and set for a second reading at the
City Council's October 21, 2008 meeting; and
ORDINANCE NO. 1356 - AN ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING SECTION 5334 TO PART 3 TO CHAPTER 3 OF
ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO RESTRICTION
OF PARKING TO FACILITATE STREET SWEEPING
4.b. Approve a supplemental appropriation of $175,000 from the undesignated,
unappropriated fund balance of the General Fund for enforcement
personnel and equipment.
5. ADOPT POLICY AND PROCEDURES FOR PREFERENTIAL PERMIT
PARKING ON PUBLIC STREETS
In response to a series of public workshops over the last year with City
Council, it is recommended that the City Council adopt a new policy and
procedure for preferential permit parking on public streets.
City Council Meeting October 7, 2008
Agenda Page 5 of 11
Recommendation: Adopt the attached Policy and Procedures for Preferential
Permit Parking on public streets and direct staff to void all existing permits and
re-issue preferential permits in compliance with the new adopted policy and
procedures.
6. CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS (INTRODUCE
ORDINANCE NO.1358)
Ordinance No. 1358 proposes to amend Tustin City Code Section 1112
relating to code enforcement and administrative citations. In effect, the
Ordinance would create a vehicle to ensure compliance with the Tustin City
Code in a timely and efficient manner thereby improving the quality of life,
maintaining property values and reducing the burden on the judicial system
while providing for due process for those cited. The citation fines would offset
the expense now associated with litigating citations on the part of the
person(s) cited, thereby reducing the burden the general taxpayer bears from
subsidizing these costly legal fees.
Recommendation: Introduce and approve the first reading of Ordinance No.
1358 and set for a second reading at the City Council's October 21, 2008
meeting.
ORDINANCE NO. 1358 - AN ORDINANCE OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING PART 2 OF CHAPTER 1 OF, ADDING
PART 6 TO CHAPTER 1 OF, AND AMENDING SECTION 1112 OF,
THE TUSTIN CITY CODE RELATING TO CODE ENFORCEMENT
AND ADMINISTRATIVE CITATIONS
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.
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 7 through 17)
7. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
City Council Meeting October 7, 2008
Agenda Page 6 of 11
Recommendation: Approve demands in the amounts of $1,603,205.40;
$1,811,570.35; and $2,112,206.76; and Payroll in the amount of $708,910.85.
8. PLANNING ACTION AGENDA – SEPTEMBER 23, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Receive and file.
9. CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON,
CLAIM NO. 08-21
The Claimant stated that contractors working for the City of Tustin struck and
damaged Southern California Edison underground transmission line during
excavating activity. The amount of damage/loss listed in the Claim is $156,220.08
Recommendation: Deny Claim Number 08-21, Southern California Edison,
and direct Staff to send notice thereof to the Claimant.
10. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE TUSTIN AREA SENIOR
CENTER KITCHEN RENOVATION (CIP NO. 1047)
Construction of the Tustin Area Senior Center Kitchen Renovation (CIP No.
1047) has been completed and is ready for acceptance and filing of the Notice
of Completion
Recommendations:
10.a. Adopt resolution; and
RESOLUTION NO. 08-69 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN CALIFORNIA ACCEPTING THE WORKS OF
IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE
NOTICE OF COMPLETION FOR THE TUSTIN AREA SENIOR CENTER
KITCHEN RENOVATION (CIP NO. 1047)
10.b. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
11. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE VALENCIA AVENUE,
ARMSTRONG AVENUE, KENSINGTON PARK DRIVE, AND LANSDOWNE
ROAD PAVEMENT FINISH SURFACE PROJECT (CIP NO. 7188)
City Council Meeting October 7, 2008
Agenda Page 7 of 11
Construction of the Valencia Avenue, Armstrong Avenue, Kensington Park
Drive, and Lansdowne Road Pavement Finish Surface Project (CIP No. 7188)
has been completed to the satisfaction of the City Engineer and is now ready
for City Council acceptance.
Recommendations:
11.a. Adopt resolution; and
RESOLUTION NO. 08-56 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF
IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE
NOTICE OF COMPLETION FOR THE VALENCIA AVENUE,
ARMSTRONG AVENUE, KENSINGTON PARK DRIVE, AND
LANSDOWNE ROAD PAVEMENT FINISH SURFACE PROJECT (CIP
NO. 7188)
11.b. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's Office.
12. APPROVAL OF COOPERATIVE AGREEMENT NO. C-8-1104 BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY
OF TUSTIN FOR DESIGN AND CONSTRUCTION OF A PEDESTRIAN
ACCESS WALKWAY TO THE TUSTIN METROLINK STATION
The Orange County Transportation Authority (OCTA) is requesting that the
City of Tustin enter into Cooperative Agreement No. C-8-1104 that would
allow the OCTA to proceed with the design and construction of a pedestrian
access walkway from Dow Avenue to the Tustin Metrolink Station. Following
construction, OCTA's easement rights over the facility will be assigned to the
City, along with responsibility for the operation and maintenance.
Recommendation: Approve Cooperative Agreement No. C-8-1104 with the
Orange County Transportation Authority for design and construction of a
pedestrian access walkway from Dow Avenue to the Tustin Metrolink Station,
and authorize the Mayor and City Clerk to execute the document on behalf of
the City.
13. AUTHORIZATION FOR STATE TO PURCHASE ONE GMC TRUCK WITH
DUMP BODY FOR FIELD SERVICES DIVISION
Approval of Resolution No. 08-66 will authorize the General Services
Department of the State of California to purchase one current model year
GMC dump truck on behalf of the City of Tustin.
Recommendation: Adopt resolution.
City Council Meeting October 7, 2008
Agenda Page 8 of 11
RESOLUTION NO. 08-66 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE
DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
CALIFORNIA TO PURCHASE CERTAIN ITEMS
14. SURPLUS OFFICE FURNITURE SALES REPORT
Notice of the sale of surplus office furniture and equipment at public auction in
accordance with Section 1626 of the Tustin Municipal Code.
Recommendation: Receive and file.
15. APPROVAL OF CONSTRUCTION AND MAINTENANCE AGREEMENT
BETWEEN THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
AND THE CITY OF TUSTIN FOR RAIL-HIGHWAY CROSSING SAFETY
ENHANCEMENTS AND SAFETY MEASURES RELATED TO QUIET ZONE
IMPLEMENTATION AT THE RED HILL AVENUE RAILROAD CROSSING
The Southern California Regional Rail Authority (SCRRA) is requesting that
the City of Tustin enter into a Construction and Maintenance Agreement for
Rail-Highway Crossing Safety Enhancements and Safety Measures Related
to Quiet Zone Implementation at the Red Hill Avenue railroad crossing. This
agreement must be executed before the SCRRA will proceed with
construction. The SCRRA will perform the work as part of a separate
agreement with the Orange County Transportation Authority (OCTA). On
September 2, 2008, the City Council approved Cooperative Agreement No. C-
8-0863 with the OCTA for design and construction of the project. Completion
of the safety enhancements will allow the City to file a Notice of Establishment
of a Quiet Zone with the Federal Rail Authority.
Recommendation: Approve the Construction and Maintenance Agreement
with the Southern California Regional Rail Authority for Rail-Highway Crossing
Safety Enhancements and Safety Measures Related to Quiet Zone
Implementation at the Red Hill Avenue railroad crossing, and authorize the
Mayor and City Clerk to execute the document on behalf of the City.
16. ECONOMIC STIMULUS PROGRAM FOR NEW RESIDENTIAL
DEVELOPMENTS
Pursuant to provisions of the Tustin City Code, development impact fees are
required to be paid by the developers of new residential developments at the
time of permits issuance. Due to recent changes in economic conditions
relating to housing market, on August 6, 2008, the Building Industry
Association of Southern California Orange County Chapter (BIA/OC)
requested the City to adopt a policy to defer the collection of development
City Council Meeting October 7, 2008
Agenda Page 9 of 11
impact fees until the issuance of a Certificate of Occupancy or final inspection
consistent with Assembly Bill (AB) 2604 enacted on August 1, 2008.
Recommendation: Adopt resolution.
RESOLUTION NO. 08-72 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN CREATING AN ECONOMIC STIMULUS
PROGRAM FOR NEW RESIDENTIAL DEVELOPMENT BY
TEMPORARILY SUPERSEDING THE PROVISIONS OF VARIOUS
ORDINANCES HERETOFORE ADOPTED RELATING TO THE
REQUIRED TIME OF PAYMENT OF SPECIFIC DEVELOPMENT
IMPACT FEES
17. APPROVAL OF MINUTES – SPECIAL AND REGULAR MEETING OF
SEPTEMBER 15 AND 16, 2008
Recommendation: Approve the Special and Regular City Council Meeting
Minutes of September 15 and 16, 2008, respectively.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Item 18 and 19)
18. SECOND READING AND ADOPTION OF ORDINANCE NO. 1355:
ADOPTING CHAPTER 10 OF ARTICLE 7 OF THE TUSTIN CITY CODE
RELATING TO STATE VIDEO FRANCHISE PROVIDERS
In 2006, The California State Legislature adopted the Digital Infrastructure and
Video Competition Act (DIVCA) that permits telephone and telecommunication
companies to obtain a statewide franchise to compete with cable and satellite
television operators. The attached ordinance adopts Chapter 10 of Article 7 of
the Tustin City Code to implement the DIVCA.
Recommendation: Second reading and adoption of Ordinance No. 1355
regarding Chapter 10 of Article 7 of the Tustin City Code relating to state video
franchise providers.
ORDINANCE NO. 1355 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN ADOPTING CHAPTER 10 OF ARTICLE 7 OF THE TUSTIN
CITY CODE PERTAINING TO STATE VIDEO FRANCHISE HOLDERS
City Council Meeting October 7, 2008
Agenda Page 10 of 11
19. LEGISLATIVE REPORTS – MISCELLANEOUS
Staff has prepared one (1) agenda report that discusses the following
legislative item:
Senate Bill 375 (SB375) generally can be summarized as follows:
1) Requires the Air Resources Board to provide each region with
greenhouse gas emission reduction targets for the automobile and
light truck sector;
2) Requires a regional transportation plan to include a Sustainable
Communities Strategy designed to achieve the targets for greenhouse
gas emission reduction;
3) Requires the California Transportation Commission to maintain
guidelines for travel demand models;
4) Requires cities and counties, in general, to revise their housing
elements every eight years in conjunction with the regional
transportation plan and complete any necessary rezoning within a
specific time period; and
5) Relaxes CEQA requirements for housing developments that are
consistent with a Sustainable Communities Strategy.
Staff recommendation: Receive and file report.
Council may also request that staff 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.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City
Council
ADJOURNMENT – The next meeting of the City Council is scheduled for Tuesday,
October 21, 2008 at 5:30 p.m. for the Closed Session Meeting
followed by the Regular Business Meeting at 7:00 p.m. in the Council
Chamber, 300 Centennial Way, Tustin, California.
City Council Meeting October 7, 2008
Agenda Page 11 of 11