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Home My WebLink About00 CC AGENDA 11-04-08CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Doug Davert, Mayor Pro Tem Lou Bone, Councilmember Tony Kawashima, Councilmember Jim Palmer, Councilmember NOVEMBER 4, 2008 COUNCIL CHAMBER ,tk.,R 300 CENTENNIAL WAY, TUSTIN ~t;~' William A. Huston, City Manager Douglas Holland, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk 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 November 4, 2008 meeting. (Agenda Items A and B) CALL TO ORDER -Meeting #2199 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. Exposure to Litigation [Government Code Section 54856.9(b)] -Two Cases B. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Agency Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) NOTE: As required by Senafe Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on Phis 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. REGULAR BUSINESS MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2199 INVOCATION - Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Davert ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney ORAL COMMUNICATION /PUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing, you may wish to wait until the Council considers that item. 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 1 through 10) 1. APPROVAL OF MINUTES -REGULAR MEETING OF OCTOBER 21, 2008 Recommendation: Approve the Regular City Council Meeting Minutes of October 21, 2008. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Immediate Pay in the amount of $1,876.75, Demands in the amounts of $1,179,527.36; $2,283,043.16; and Payroll in the amount of $761,256.49. City Council Meeting November 4, 2008 Agenda Page 2 of 8 3. PLANNING ACTION AGENDA -OCTOBER 28, 2008 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 4. CONSIDERATION OF CLAIM OF MICHELLE COFFELT, CLAIM NO. 08-29 It was reported that the Claimant was walking on a public sidewalk when she tripped on a raised area of concrete and fell. This has been marked an Unlimited Civil Case in which the recovery sought is more than $25,000, and includes personal injuries, medical bills and lost earnings. Recommendation: Deny Claim Number 08-29, Michelle Coffelt, and direct Staff to send notice thereof to the Claimant's Attorney. 5. CONSIDERATION OF CLAIM OF MONTEREY PINES APARTMENTS, CLAIM NO. 08-38 The Manager of the Monterey Pines complex reported that Police Officers responding to an emergency call forced entry into one of the apartments, causing damage to the front door and an interior door. The Claimant is requesting reimbursement in the amount of $255.88 to pay for the supplies and labor to repair the two doors. Recommendation: Deny Claim Number 08-38, Monterey Pines Apartments, and direct Staff to send notice thereof to the Claimant. 6. ELECTRONIC SCANNING AND STORAGE OF RECORDS - HUMAN RESOURCES The Human Resources Department is in the process of electronically scanning all files, records, and documents in our possession using the City's document imaging program. Human Resources is requesting permission to destroy the paper copies of these items once they have been electronically scanned and stored. Recommendation: Adopt resolution. RESOLUTION NO. 08-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION 01-91 AND AUTHORIZING THE ELECTRONIC SCANNING AND STORAGE OF CERTAIN RECORDS AND DESTRUCTION OF PAPER COPIES IN THE POSSESSION OF THE HUMAN RESOURCES DEPARTMENT OF THE CITY City Council Meeting November 4, 2008 Agenda Page 3 of 8 7. DESTRUCTION OF RECORDS -HUMAN RESOURCES Resolution No. 01-91, the Record Retention/Disposition Schedule, permits destruction of records and documents which meet certain criteria with the approval of the City Attorney and the City Council. The Human Resources Department is in the process of purging old records that we are no longer required to retain pursuant to the City's Record Retention Schedule. Recommendation: Adopt resolution. RESOLUTION NO. 08-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE HUMAN RESOURCES DEPARTMENT OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 8. POLICE PROPERTY AND EVIDENCE LOCKER PURCHASE The Police Department Property and Evidence lockers need to be replaced. The current lockers have exceeded their life span and are in a state of disrepair causing safety and security issues. Attempts to repair these lockers have been unsuccessful. Recommendation: Authorize the Police Department to proceed with the purchase and installation of a new evidence locker system and authorize the use of asset forfeiture funds for this project. 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION FOR PHASE I OF THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT (CIP NO. 7130) AND FOR THE EDINGER AVENUE WIDENING PROJECT (CIP NO. 7147 IN THE CITY OF TUSTIN AND CIP NO. 2585 IN THE CITY OF SANTA ANA) Construction of Phase I of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project (CIP No. 7130) and the Edinger Avenue Widening Project (CIP No. 7147 in the City of Tustin and CIP No. 2585 in the City of Santa Ana) have been completed to the satisfaction of the City Engineer and are now ready for City Council acceptance. City Council Meeting November 4, 2008 Agenda Page 4 of 8 Recommendations: 9.a. Adopt resolution; and RESOLUTION NO. 08-77 - 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 PHASE 1 OF THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT (CIP NO. 7130) AND FOR THE EDINGER AVENUE WIDENING PROJECT (CIP NO. 7147 IN THE CITY OF TUSTIN AND CIP NO. 2585 IN THE CITY OF SANTA ANA) 9.b. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office; and 9.c. Authorize the Finance Director to transfer funds in the amount of $1,789,715 as noted below to fully fund CIP No. 7130: • Transfer Developer Bond funds in the amount of $178,715 from CIP No. 7147 to CIP No. 7130; • Transfer Santa Ana-Tustin Transportation System Improvement Authority (TSIA) funds in the amount of $107,000 from CIP No. 7147 to CIP No. 7130; • Transfer unappropriated Measure "M" Turnback funds in the amount of $200,000 from the fund balance to CIP No. 7130; • Transfer unappropriated Gas Tax funds in the amount of $1,200,000 from the fund balance to CIP No. 7130; and • Transfer unappropriated Water CIP funds in the amount of $104,000 from the fund balance to CIP No. 7130. 10. LOT LINE ADJUSTMENT NO. 2008-01, LOT LINE ADJUSTMENT NO. 2008- 02, APPROVAL OF QUITCLAIM DEED, AND ACCEPTANCE OF A NEW EASEMENT FOR INGRESS, EGRESS, ACCESS, AND PUBLIC UTILITY PURPOSES (TRACT 16481, PROSPECT VILLAGE, LP) The proposed lot line adjustments, quitclaim of an existing easement for ingress, egress, access, and public utility purposes from the City of Tustin to the property owner; and the granting of a new easement for ingress, egress, access, and public utility purposes to the City of Tustin are being requested by Prospect Village, LP to move existing lot lines to accommodate alterations that were made during the final stages of project design and construction. Recommendations: 10.a. Adopt resolution; and City Council Meeting November 4, 2008 Agenda Page 5 of 8 RESOLUTION NO. 08-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 2008-01 AND LOT LINE ADJUSTMENT NO. 2008- 02 10.b. Approve the Quitclaim Deed to Prospect Village, LP, accept an easement for ingress, egress, access, and public utility purposes, and authorize the Mayor and City Clerk to execute the Quitclaim Deed and accept the easement on behalf of the City. REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 15) 11. ORDINANCE NO. 1354 - CODE AMENDMENT 08-001, OFF-STREET PARKING REGULATIONS The City's off-street private parking regulations are currently located throughout the Tustin City Code and the City's Parking Guidelines. Ordinance No. 1354 consolidates the City's parking regulations into a single chapter, providing elaboration on vague standards, introduces updated standards and requirements, with an intent to prohibit any inappropriate use of required parking spaces and garages, and addresses anticipated spillover impacts from on-street parking restrictions. The goal of the proposed code amendment is to adequately address and minimize potential impacts to off- street parking and to include provisions that clearly state use and design requirements to ensure that parking areas and spaces function as intended. Recommendation: Have second reading by title only and adoption of Ordinance No. 1354 (roll call vote). 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 12. ORDINANCE NO. 1357 -PROHIBITING PARKING ALONG DESIGNATED City Council Meeting November 4, 2008 Agenda Page 6 of 8 PORTIONS OF NEWPORT AVENUE, REDHILL AVENUE, AND IRVINE BOULEVARD 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 and San Juan Street to Bryan Avenue; and 3. Irvine Boulevard -Prospect Avenue to Holt Avenue Recommendation: Have second reading by title only and adoption of Ordinance No. 1357 (roll call vote). 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 13. ORDINANCE NO. 1356 -PROHIBITING PARKING TO FACILITATE STREET SWEEPING 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. Recommendation: Have second reading by title only and adoption of Ordinance No. 1356 (roll call vote). 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 City Council Meeting November 4, 2008 Agenda Page 7 of 8 14. ORDINANCE NO. 1358 -CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS 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: Have second reading by title only and adoption of Ordinance No. 1358 (roll call vote). 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 15. LEGISLATIVE REPORTS -MISCELLANEOUS Council may 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, November 18, 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 November 4, 2008 Agenda Page 8 of 8