HomeMy WebLinkAbout01 CC MINUTES 2008 10 07 10-21-08MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
OCTOBER 7, 2008
CALLED TO ORDER MEETING #2197 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: Christine Shingleton. Assistant City Manager; and Doug Holland, City
Attorney
PUBLIC INPUT -None.
CLOSED SESSION ITEMS -CONFERENCE WITH LEGAL COUNSEL. The City
Council finds, based on advice from the City Attorney, that discussion in open session of
the following matters will prejudice the position of the City in existing and anticipated
litigation.
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
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
City Council Meeting October 7, 2008
Minutes Page 1 of 15
RECESSED - At 5:31 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
CALLED TO ORDER MEETING #2197 AT 7:01 P.M.
INVOCATION, PRESENTATION OF COLORS, AND PLEDGE OF ALLEGIANCE -
Tustin American Legion
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: Christine Shingleton, Assistant City Manager and Doug Holland, City
Attorney
CLOSED SESSION REPORT -Nothing to report.
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
/ Bill Peverhouse and Carol Garrett representing Tustin Public Schools Foundation,
thanked Council for continued support and invited all to attend 2008 Dino Dash to be
held on Sunday, November 2"a
PUBLIC HEARING ITEMS
1. PUBLIC HEARING: HOLD A SPECIAL ELECTION TO ANNEX TERRITORY
TO CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1
City Council Meeting October 7, 2008
Minutes Page 2 of 15
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
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.
Public Hearing opened at 7:23 p.m. There were no public speakers and the
Hearing closed at 7:23 p.m.
Motion:
1.a. It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to adopt resolution. Motion carried 5-0.
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)
City Clerk Stoker opened ballots and announced the results of the
election. Vote was 2-0 to approve annexation to CFD 06-1;
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to
1.b. Adopt resolution; and
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.c. 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
City Council Meeting October 7, 2008
Minutes Page 3 of 15
Motion carried 5-0.
Mayor Amante noted for the record that City staff would make one presentation on Agenda
Items 2-6 -all related to parking. Council would open the matter to the public for
comments, followed by Council action.
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 recommend City
Council approval.
Staff report presentation by Community Development Director Binsack and
Public Works Director Serlet.
Public hearing opened at 7:50 p.m. The following people spoke on the matter:
Syhd Clopton, Eric Lenning, Anne McCaffrey, Cynthia Adams, Maria Holland,
Ray Grangoff, Toby Moore, Jerri Hartline, Chuck Rogers, Kira Rousey, David
Chubak, Fred Francis, Jennifer Poynter
COUNCIL RECESSED AT 8:37 P.M. AND RECONVENED AT 8:53 P.M. WITH
ALL MEMBERS PRESENT.
The following people spoke on the matter: Claudia Boseo, James Vaughn,
Virginia Tellez Gomez, Byan Hassebrock, Liora Cohen, Jeannie McClure, Tina
Blenz, Janice Hunter, Lilia Quezada, Kelly O'Brien
The public hearing closed at 9:15 p.m.
Councilmember Kawashima asked for clarification on street sweeping and
effect on citywide HOA's. Director of Public Works Serlet explained street
sweeping prohibitions would not affect private streets.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to:
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
City Council Meeting October 7, 2008
Minutes Page 4 of 15
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
Motion carried 3-2 (Palmer and Kawashima opposed).
REGULAR BUSINESS ITEMS
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:
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.
Council discussion:
Mayor Pro Tem Davert commented that Council represents all 74,000 residents.
Has lived in Tustin since age 3, popular place to live, many more people now,
unfortunately brings certain impacts including need for better mobility and roads;
City Council Meeting October 7, 2008
Minutes Page 5 of 15
Council presented with an opportunity to gain 6 lanes of additional capacity to
relieve congestion, increase mobility all without any seizure of private property,
feels it's the best decision for Tustin.
Councilmember Kawashima agreed that traffic is a major problem that needs to
be addressed but feels this action punishes unfairly a segment of population and
places undue burden on them; will not support item.
Councilmember Palmer felt traffic flow would be increased with approval of
ordinance; however, safety and parking concerns for residents in the area not
addressed; will oppose item.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to 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
Motion carried 3-2 (Palmer and Kawashima opposed).
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to:
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
City Council Meeting October 7, 2008
Minutes Page 6 of 15
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.
Motion carried 5-0.
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.
Council discussion:
Mayor Pro Tem Davert commented that current procedure requires 2/3
neighborhood approval but many times difficult to achieve, new policy would
allow public process with a parking evaluation by Engineering Department,
followed by approval of City Council; supports item.
Councilmember Bone commented other cities doing similar thing, without
conditions for guests, supports item.
Councilmember Palmer noted the quantity of people speaking in opposition to
matter, concerned with revocation of existing permits, indicated he spoke to
Fullerton Police Department with similar permit program, no permits had been
issued for overnight guests due to trepidation of police as information becomes
permanent record; concerned with starting a process that will give Police
Department negative image and cost citizens more money.
Mayor Pro Tem Davert said City bombarded with parking complaints and has
spent the last year researching solutions, had several public hearings, Council
has taken all comments very seriously, and believes its right solution for Tustin.
Councilmember Kawashima expressed opposition to process, feels it would
become administrative nightmare for staff and residents.
Mayor Amante summarized matter; Council received comments from every part
of City, hundreds of written and personal communications, and various public
hearings; residents as well as non-residents travel roads that are congested with
traffic during the day, it is a quality of life issue, debate will continue as Tustin is
built out over next 20 years. Assured everyone that nothing would be done
without notice, any requests would be studied by staff, followed by engineering
analysis, and brought to a Council meeting, with opportunity for affected
neighbors to be heard.
City Council Meeting October 7, 2008
Minutes Page 7 of 15
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to 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. Motion carried 3-2 (Palmer and Kawashima opposed).
6. CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS (INTRODUCE
ORDINANCE N0.1358)
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.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to 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
Motion carried 5-0.
ORAL COMMUNICATION /PUBLIC INPUT
Maria Holland, disappointed with decision to restrict parking on main arterials. Inquired if
study on parking issues approved. Staff indicated that study prepared last year and
available with the City Clerk.
Fred Francis, would like dialogue between public and council at meetings. City Attorney
noted that Oral Communication legally prohibit such dialogue. Proposed that Stop Sign
on intersection of 55 Freeway and 17th Street be restored.
Julie Gallagher, concerned with truck traffic in Old Town area.
Toby Moore, considers council vote on preferential parking issue a conflict of interest.
City Council Meeting October 7, 2008
Minutes Page 8 of 15
Jerri Hartline, dissatisfied with decisions made tonight as they relate to parking.
CONSENT CALENDAR ITEMS -Mayor Amante pulled items 15 and 16 for separate
discussion. Noted that item 12 was continued at the request of staff and Minutes of
Special Meeting of September 15, 2008 revised.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to
approve balance of Consent Calendar items as recommended by staff. Motion carried 5-0.
7. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: 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
Motion: 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
Motion:
10.a. Adopt resolution; and
City Council Meeting October 7, 2008
Minutes Page 9 of 15
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)
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.
Motion:
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
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to continue item at the request of staff. Motion carried 5-0.
13. AUTHORIZATION FOR STATE TO PURCHASE ONE GMC TRUCK WITH
DUMP BODY FOR FIELD SERVICES DIVISION
City Council Meeting October 7, 2008
Minutes Page 10 of 15
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.
Motion: Adopt resolution.
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.
Motion: 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.
Council pleased with project and looks forward to completion.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to 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. Motion carried 4-0-1
(Kawashima abstained).
City Council Meeting October 7, 2008
Minutes Page 11 of 15
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 impact fees
until the issuance of a Certificate of Occupancy or final inspection consistent
with Assembly Bill (AB) 2604 enacted on August 1, 2008.
Kristine Thalman, spoke in support of Consent Calendar item #16 and indicated
that City of Santa Ana and Orange County Sanitation District have agreed to
deferral of fees as requested by the Building Industry Association.
Council requested that staff modify the resolution to reflect such.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Palmer, to adopt resolution as revised.
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
Motion carried 5-0.
17. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETING OF
SEPTEMBER 15 AND 16, 2008
Motion: Approve the revised Special and Regular City Council Meeting
Minutes of September 15 and 16, 2008, respectively.
REGULAR BUSINESS ITEMS
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
City Council Meeting October 7, 2008
Minutes Page 12 of 15
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.
Motion: It was moved by Councilmember Kawashima, seconded by Mayor Pro
Tem Davert, to approve 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
Motion carried 5-0.
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
Mayor Amante expressed disappointment with League of Cities assistance with
SB375 (Steinberg) ultimately resulting in signing by State Governor -local level
planning and decision-making in great peril.
SB1316 (Correa) signed by Governor, will allow for expansion of express lanes
on 91 Freeway and bring relief to Riverside and Orange County communities, will
also allow for millions in funds for additional fees to Transportation Corridor
City Council Meeting October 7, 2008
Minutes Page 13 of 15
Agency to develop infrastructure, housing and grade crossings; congratulated
Senator Correa.
Councilmember Bone indicated that RHNA process will be managed by Orange
County Council of Governments, but still heavily advocated by State.
Spoke on State take-aways, League of Cities willing to file lawsuit to stop
additional removal of funds from redevelopment agencies.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Thanked Parks and Recreation for Tustin Tiller days and citizens who support event.
Councilmember Palmer:
• Echoed Councilmember Kawashima's comments.
Councilmember Bone:
• Water Advisory Council of Orange County, water usage decrease, congratulated
everyone's efforts to conserve water;
• Orange County Vector Control West Nile virus update, 63 cases of the virus to date in
Orange County, 50-year old female is 2nd person in Tustin infected with West Nile;
• Metrolink, reported on train accident, agency has set up Family Assistance Center,
paying for funeral expenses of victims and setup Victims' Relief Fund;
• Southern California Association of Governments passed option 2 of Regional
Comprehensive Plan by 45 - 2 vote;
• Metropolitan Transportation Authority converting 10 and 210 freeway carpool lanes to
toll lanes next year;
• League of Cities, SB 447, junk dealers legislation in the works to protect cities from theft
of copper and other items;
• Reported on resolutions as they relate to California League of Cities;
• Congratulated Police Department on recent awards;
• Tustin Area Senior Center kitchen renovation was a success, congratulated Mayor on
winning Best Pasta Sauce Competition;
• California Friendly Landscape Workshop on October 11 and Jan 31; and
• Orange County Sanitation District taxes going up 21 %.
Mayor Pro Tem Davert:
• Property taxes now include new sewer service fee recently adopted by Orange County
Sanitation District;
• Orange County Fire Authority holding open house on October 11, 2008;
• Tustin High School Education Foundation holding fundraiser, Friday at Beach Pit BBQ;
• Saturday, December 6t" Santa Claus will be at Metrolink train station;
• Tustin Tiller days was well attended, great event;
• Attended League of Cities conference in Long Beach; and
• Thanked Redevelopment staff for workshops held regarding master plan of three
City Council Meeting October 7, 2008
Minutes Page 14 of 15
communities.
Mayor Amante:
• Congratulated Police Department for recent awards and hard work;
• Mayor Pro Tem Davert and Director Steve Sheldon of the Orange County Water District
received co-President of the Year award by California Special Districts Association;
• Orange County Transportation Authority, Central County Corridor Major Improvement
Study, named Chair, discussed extension of 57 freeway, improvements to 55 freeway,
Smart Streets, Metrolink extension, and other such projects;
• Secretary of Commerce held meeting on September 22nd in Del Mar on proposed
extension of toll road, will make decision by January 7' 2009;
• Attended League of Cities conference;
• Attended Senior Center kitchen dedication;
• Workshops held yesterday on revitalization of 3 neighborhoods, well attended, great
ideas by public; thanked staff and members present; and
• Thanked staff and community for involvement in parking workshop.
ADJOURNMENT - 10:32 p.m. -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
Minutes Page 15 of 15