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Home My WebLink About00 CITY COUNCIL AGENDA 03-17-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember MARCH 17, 2009 • COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN ~~ William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~.,~ - ~~ CALL TO ORDER -Meeting #2207 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS -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: A. Exposure to Litigation [Government Code Section 54856.9(b)] -Two Cases B. Initiation of Litigation [Government Code Section 54856.9(c)] -Two Cases REGULAR CITY COUNCIL MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2207 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. INVOCATION -Benjamin Hoang, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor 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 6) 1. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 3, 2009 Recommendation: Approve the Minutes of the Regular City Council Meeting held on March 3, 2009. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $1,862,635.14 and $1,330,259.25; and Payroll in the amount of $730,417.25. 3. PLANNING ACTION AGENDA -MARCH 10, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. City Council Meeting March 17, 2009 Agenda Page 2 of 6 4. REVISION TO THE 2009 MCAS TUSTIN MITIGATION MONITORING AND REPORTING PROGRAM On March 3, 2009, the City Council reviewed, received and filed the 2009 MCAS Tustin Mitigation Monitoring and Reporting Program (MMRP) annual status report. Upon reviewing the report, some status reports were ambiguous, needing further clarification. Accordingly, minor revisions are proposed for Council's consideration. Recommendation: Receive and file this report. 5. 2008 GENERAL PLAN ANNUAL REPORT The California Government Code requires that the Planning Commission provide a progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. On March 10, 2009, the Planning Commission reviewed the annual report, recommended minor revisions to the status report, requested that the City Council provide direction as to amending the Noise Element goals and/or policies to include freeway sound walls particularly in Old Town, and authorized staff to forward the report to the City Council. With Council authorization, staff will forward the report to the State Office of Planning and Research and the State Department of Housing and Community Development in fulfillment of the State's requirement. Recommendations: 5.a. Review and authorize staff to forward this annual report to the State Office of Planning and Research and the State Department of Housing and Community Development; and 5.b. Provide direction to staff regarding freeway sound walls, particularly in Old Town. 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT MAP NO. 16582, MOFFETT MEADOWS PARTNERS, LLC (COLUMBUS GROVE) All public non-backbone improvements associated with Tract Map No. 16582 have been completed. The Public Works Department is now recommending the acceptance of public improvements and release of the public improvement and monumentation bonds. Recommendation: Release the following bonds in the indicated amounts: City Council Meeting March 17, 2009 Agenda Page 3 of 6 Faithful Performance Bond (Bond No. 08821710) Labor and Material Bond (Bond No. 08821710) . Monumentation Bond (Bond No. 217 0070) REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 7 thru 11) $376,685.00 $188,343.00 $96,000.00 7. AMEND CITY CODE SECTION 5331 n BY ORDINANCE 1362 TO APPROVE PERMIT ONLY PARKING ZONES BY RESOLUTION AND CONSIDERATION OF RESOLUTION 09-11 FOR THE ESTABLISHMENT OF PREFERENTIAL PERMIT PARKING ALONG COPPERFIELD DRIVE, RED HILL AVENUE TO SANDBROOK DRIVE It is proposed to modify the procedure for designation of permit-only parking areas to allow the City Council to approve the designations of such areas by Resolution rather than by Ordinance. Doing so would save time in future approvals or amendments to such parking zones. In addition, residents of Copperfield Drive have expressed concerns regarding an overflow of parking from adjacent apartments. These residents have requested that the City establish overnight on-street permit parking and designate Copperfield Drive as an on- street permit parking zone. Recommendations: 7.a. Authorize the first reading, by title only and introduction, of Ordinance 1362 to amend the Tustin City Code to allow future permit-only parking zone designations to be made by City Council Resolution rather than Ordinance; ORDINANCE NO 1362 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA AMENDING TUSTIN CITY CODE SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY 7.b. Adopt Resolution 09-11 identifying all existing permit-only parking zones, and designating Copperfield Drive, Red Hill Avenue to Sandbrook Drive for parking by permit only (effect concurrent with Ordinance 1362). RESOLUTION NO 09-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA IDENTIFYING ALL EXISTING PERT ONLY PARKING ZONES AND DESIGNATING COPPERFIELD DRIVE BETWEEN RED HILL AVENUE AND SANDBROOK DRIVE FOR PARKING BY PERMIT ONLY City Council Meeting March 17, 2009 Agenda Page 4 of 6 8. CITY COUNCIL EXPENSES Mayor Pro Tem Amante requested that the City Council discuss its policy regarding reimbursement of expenses for Council Members. Attached to the Agenda Report is Resolution No. 06-111 which sets forth the current policy. Recommendation: Pleasure of the City Council. 9. GRAD NIGHT FUNDING The Grad Night Committees from Beckman High School, Foothill High School and Tustin High School have submitted requests for funding assistance from the City Council. Recommendation: Pleasure of the Council 10. FOURTH QUARTER 2008 SOLID WASTE CONTRACT REPORT CR&R achieved the contractually required 50% solid waste diversion goal in 2008, but has yet to provide a Recyclable Buyback Center in Tustin to comply with contract requirements. Recommendation: Receive and file this report. 11. LEGISLATIVE REPORTS - AB155 (MENDOZA) Staff has prepared one (1) agenda report as follow: AB155 (Mendoza). would create a State Local Agency Bankruptcy Committee (consisting of the State Treasurer, State Controller and Director of State Finance) which would have to grant approval before a City could file for bankruptcy protection under federal law. The author of the bill claims this process is needed in order to protect the State's credit rating. Staff recommendation: Authorize the Mayor to send a letter in opposition to AB 155 (Mendoza) Council may also request that staff prepare additional reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. Recommendation: Pleasure of the City Council. City Council Meeting March 17, 2009 Agenda Page 5 of 6 OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday, April 7, 2009 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 March 17, 2009 Agenda Page 6 of 6