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Home My WebLink AboutCC MINUTES 2008 11 04MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 4, 2008 CALLED TO ORDER MEETING #2199 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 R. Huizar, Chief Deputy City Clerk Others Present: William A. Huston, 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. 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 Emplo e~ganization: Tustin Municipal Employees Association (TMEA) 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. City Council Meeting November 4, 2008 Minutes Page 1 of 9 REGULAR BUSINESS MEETING CALLED TO ORDER MEETING #2199 AT 7:00 P.M. INVOCATION - Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Davert 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: William A. Huston, City Manager and Doug Holland, City Attorney CLOSED SESSION REPORT -Nothing to report. ORAL COMMUNICATION /PUBLIC INPUT -None CONSENT CALENDAR ITEMS - It was moved by Councilmember Bone, seconded by Mayor Pro Tem Davert, to approve Consent Calendar items as recommended by staff. Motion carried 5-0 1. APPROVAL OF MINUTES -REGULAR MEETING OF OCTOBER 21, 2008 Motion: Approve the Regular City Council Meeting Minutes of October 21, 2008. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: 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. 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. Motion: Receive and file. City Council Meeting November 4, 2008 Minutes Page 2 of 9 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. Motion: 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. Motion: 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 their possession using the City's document imaging system. The Department is requesting permission to destroy paper copies of certain documents and store and retain electronically consistent with City's Record Retention Schedule set forth in Resolution No. 01-91. Motion: 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 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 City Council Meeting November 4, 2008 Minutes Page 3 of 9 approval of the City Attorney and the City Council. The Human Resources Department is in the process of purging old records that are no longer required to be retained, pursuant to the City's Record Retention Schedule. Motion: 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. Motion: 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. Motion: 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 City Council Meeting November 4, 2008 Minutes Page 4 of 9 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. Motion: 10.a. Adopt resolution; and 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. City Council Meeting November 4, 2008 Minutes Page 5 of 9 REGULAR BUSINESS ITEMS 11. ADOPT ORDINANCE NO. 1354 - CODE AMENDMENT 08-001, OFF- STREET PARKING REGULATIONS Second Reading of Ordinance was continued from the October 21, 2008 City Council meeting. 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. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to 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 Motion carried 3-2 (Palmer and Kawashima dissented). 12. ADOPT ORDINANCE NO. 1357 - PROHIBITING PARKING ALONG DESIGNATED PORTIONS OF NEWPORT AVENUE, REDHILL AVENUE, AND IRVINE BOULEVARD Second Reading of Ordinance was continued from the October 21, 2008 City Council meeting. 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 City Council Meeting November 4, 2008 Minutes Page 6 of 9 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 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to 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 Motion carried 3-2 (Palmer and Kawashima dissented). 13. ADOPT ORDINANCE NO. 1356 -PROHIBITING PARKING TO FACILITATE STREET SWEEPING Second Reading of Ordinance was continued from the October 21, 2008 City Council meeting. 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 Bone, to 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 Motion carried 5-0. City Council Meeting November 4, 2008 Minutes Page 7 of 9 14. ADOPT ORDINANCE NO. 1358 - CODE ENFORCEMENT AND ADMINISTRATIVE CITATIONS Second Reading of Ordinance was continued from the October 21, 2008 City Council meeting. 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 Mayor Pro Tem Davert, seconded by Councilmember Bone, to 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 Motion carried 5-0. 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. Councilmember Bone commented on State Budget, Governor stated approaching $10 billion gap, if bonds on ballot are approved will most likely gi`oty to a $15 billion gap. OTHER BUSINESS /COMMITTEE REPORTS Councilmember Kawashima: • Reported that Dino Dash was a huge success; and • Election tonight, encouraged everyone to vote. City Council Meeting November 4, 2008 Minutes Page 8 of 9 Councilmember Bone: • Metrolink Board received several new engines, all 43 new cars will be delivered by end of 2009; • Orange County Vector Control District report, countywide, 9 more infected birds were found, 15 new mosquito pools, and human infections are up to 69; • Southern California Association of Governments report, RHNA was started by Assemblyman Pete Wilson from San Diego, Legislature might put on ballot, moving towards an outreach to all cities, COGS, and special interest groups, Irvine suing SCAG on low income housing needs; and • Thanked Parks and Recreation Department for a great Halloween Howl event. Mayor Pro Tem Davert: • Hoped everyone voted tonight and that campaign signs be removed throughout the City; • Orange County Sanitation District -groundwater recharge system just passed the $15 billion gallon mark a couple weeks ago; and • Dino Dash was great success as well as Halloween Howl. Mayor Amante: • Congratulations to staff for great Halloween Howl, also attended Old Town Halloween; • Thanked Tustin Public Schools Foundation and everyone who worked to make Dino Dash a successful event; • Thanked staff for ground breaking event for Citrus Ranch Park; and • Read letter from resident commending City staff members. ADJOURNED - 7:17 P.M. -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 ~r, 300 Centennial Way, Tustin, California. LAS OKE City Clerk City Council Meeting November 4, 2008 Minutes Page 9 of 9