HomeMy WebLinkAbout02 MINUTES OF 03-17-2009 04-07-09Agenda Item
Reviewed:
MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director
TUSTIN, CALIFORNIA
MARCH 17, 2009
CALLED TO ORDER MEETING #2207 AT 5:30 P.M.
ATTENDANCE
2
N/A
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello, John Nielsen, and Jim Palmer
Absent: None
City Clerk: Maria R. Huizar, Chief Deputy
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None.
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
AGENDA ITEM ADDED
At the City Attorney's request, motion that there is an immediate need to take action on a
matter and that need arose after the posting of the Agenda and the following item should
be added to the Agenda:
C. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a) - AAE v. City of Tustin, Case No.
O3CC01932 and 030007137
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer,
to add item to Closed Session. Motion carried 5-0.
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
City Council Meeting March 17, 2009
Minutes Page 1 of 10
RECONVENED - At 6:59 p.m. City Council reconvened in public session with same
members present.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER MEETING #2207 AT 7:00 P.M.
INVOCATION -Benjamin Hoang, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Councilmember Gavello
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello, John Nielsen, and Jim Palmer
Absent: None
City Clerk: Maria R. Huizar, Chief Deputy
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report.
PRESENTATION
• Presentation by Beatriz Fernandez, Partnership Specialist from the Orange County
Area US Census Bureau on "Census 2010"
ORAL COMMUNICATION /PUBLIC INPUT -None
CONSENT CALENDAR ITEMS -Mayor Davert requested that item 5 be pulled for
separate action. It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to approve balance of Consent Calendar items as recommended by staff. Motion
carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 3, 2009
Motion: Approve the Minutes of the Regular City Council Meeting held on March
3, 2009.
City Council Meeting March 17, 2009
Minutes Page 2 of 10
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $1,862,635.14 and $1,330,259.25;
and Payroll in the amount of $730,417.25.
3. PLANNING ACTION AGENDA -MARCH 10, 2009
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Motion: Receive and file.
4. REVISION TO THE 2009 MCAS TUSTIN MITIGATION MONITORING AND
REPORTING PROGRAM
On March 3, 2009, the City Council reviewed, received and filed the 2009 MCAS
Tustin Mitigation Monitoring and Reporting Program (MMRP) annual status
report. Upon reviewing the report, some status reports were ambiguous, needing
further clarification. Accordingly, minor revisions are proposed for Council's
consideration.
Motion: Receive and file this report.
5~ 200$ 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.
Council discussion:
Mayor Pro Tem Amante -indicated that he did not know where OCTA stood in
regards to the Noise Element, particularly on highways; would like to review with
citizens and highway committees; staff to provide information to Jeff Thompson
City Council Meeting March 17, 2009
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and together would convey to OCTA for possible funding by Caltrans.
Councilmember Nielsen -getting information from Old Town residents; review
warranted where the 5 and 55 freeways meet; and commented on RHNA
numbers.
Mayor Davert -genuine concern with freeway noise and overhead airport noise,
would advocate for sound barriers, particularly in Old Town.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to:
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. Look at any and all options regarding freeway sound walls, particularly in
Old Town.
Motion carried 5-0.
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.
Motion: Release the following bonds in the indicated amounts:
Faithful Performance Bond (Bond No. 08821710) $376,685.00
Labor and Material Bond (Bond No. 08821710) . $188,343.00
Monumentation Bond (Bond No. 217 0070) $96,000.00
REGULAR BUSINESS ITEMS
7. AMEND CITY CODE SECTION 5331n 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
City Council Meeting March 17, 2009
Minutes Page 4 of 10
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.
The following residents addressed the council:
1. Brent North -expressed concern with sustainability of growth in City; supports
proposed action;
2. Ginny Mueller, on-site manager of Avalon Apartments -noted lack of parking
in multi-bedroom units; request solution be proposed by City;
3. Tricia Meskel -opined that excess number of cars in area devaluing property;
4. Patrick Meskel -concerned with safety, peripheral vision, increased traffic,
parking in front of fire hydrants and covered vehicles parking in front of area
homes;
5. Alan Britt -requested Council reconsider permit parking on Myrtle between
Second and Main Streets; homes have single car driveways that are becoming
a problem with new regulations;
6. Bart Rainone, owners of Avalon Apartments -owned since 1978; has invested
a significant amount of money in renovating units; complex is 90% 2-3
bedroom with only 180 parking spaces; offsite parking vital;
7. Steve Silverstein -owns office on Red Hill in front of apartment units; lack of
parking on Red Hill affected vacancy; requested Council allow parking on Red
Hill during off-peak hours;
8. Emily Osterberg, representing Apartment Association of Orange County -
thanked Council for not changing future permit process from Ordinance to
Resolution; asked Council to allow permits for apartment owner/manager as
permit only for overnight parking; Council to consider compromise on trial
basis;
9. Ed Eloe -requested parking permit on Copperfield over 3 years ago; street
not for overflow parking; apartment owners should responsible for providing
parking for their tenants;
10.Toby Moore -overnight permit parking is needed, but process too stringent, if
oversized vehicle or vehicle not registered under name then cannot consider
for permit;
11.Tina Sebralla -concerned with overflow parking from apartment complex; oil
on streets; trash on streets; and noise at late hours;
Council discussion ensued.
Councilmember Gavello questioned how City developed ordinance instead of
resolution on establishing parking permit process. City Attorney Holland clarified
that current proposal was to change from ordinance to resolution but if Council
decided not to approve Copperfield in the form of a resolution, then can introduce
ordinance tonight.
City Council Meeting March 17, 2009
Minutes Page 5 of 10
Councilmember Nielsen, in favor as ordinance, formalized due process for future
council members to follow. Complemented Mr. Rainone on upgrades to
apartment complex and residents that came out to discuss matter. Extensive
studies on parking found that parking lots are being under-utilized and in favor of
granting Copperfield parking permit.
Mayor Pro Tem Amante, opposed to adoption of ordinance to change from
ordinance to resolution; commented that main arterials maximized; opposed
because it provides balance to fundamental issues.
Councilmember Palmer, also opposed to 7.a. recommendation; echoed
comments of Mr. Rainone, splendid complex; would like overnight capacity on
Red Hill considered at future meeting; disappointed with unfair comments about
the type of people parking on streets.
Councilmember Gavello, Avalon nice complex; would like flexibility in approving
process; review parking permit process in 6 months as previously discussed by
Council; staff to consider allowing parking on Red Hill during off-peak hours; and
agree with ordinance approval.
Mayor Davert, noted that staff has studied flex lane idea and noted that City
Engineer concerned with safety; Council to review permit process as previously
discussed; application by Copperfield pending for 3 years; supports permit
parking on Copperfield.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to deny Ordinance No. 1362. Motion 5-0.
Motion: It was moved by Councilmember Gavello, seconded by Councilmember
Nielsen to introduce an ordinance designating Permit Parking on Copperfield
Drive between Red Hill Avenue and Sandbrook Drive.
Motion carried 4-1 (Palmer dissented).
COUNCIL RECESSED AT 8:15 AND RECONVENED AT 8:22 P.M. WITH SAME
MEMBERS PRESENT
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.
• Shelleyanne Rein of Tustin High School and Jodi Twomey of Foothill High
School, requested assistance in funding Grad Night event.
City Council Meeting March 17, 2009
Minutes Page 6 of 10
Councilmember Palmer, inquired as to how much the school board contributes;
answer was nothing.
Mayor Pro Tem Amante, noted that former Councilmember Bone recurrently
opposed in the past; due to economic adversities would be opposed to funding
event.
Councilmember Nielsen, concerned with safety of minors that out-weights cost;
supporting donation of 50% of request;
Mayor Davert, personally supports program because of safety issue; reported that
for first time in 14 years schools will have decrease in property taxes; school
district should be responsible for funding program; city council priority is to benefit
all residents; requested all to donate personally to schools and Community
Foundation.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to deny request. Motion carried 4-1 (Nielsen dissented).
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.
Mayor Pro Tem Amante, assured residents that we are being as frugal as
possible; staff prepared 2 documents with countywide council salary (one in alpha
order, and the other in salary ranking) generous City stipend; only expenses that
should be reimbursed for are out of area travel (mode of transportation,
accommodations, and meals tied to official meetings); would like staff to amend
policy to include that stipend covers County expenses; out of County expenses
authorized with pre-approval. State Controller Chiang spoke at recent event
regarding safety of investments and complete lack of reserves; concerned with
State policies.
Councilmember Palmer, requested clarification on pre-approved travel expense
change. Mayor Pro Tem Amante asked that it be approved by Council.
Councilmember Nielsen, council position considered volunteer position.
Mayor Davert, generous stipend and benefit package; council to lead by example
with conservative policies.
Councilmember Gavello, cost conscious and conservative; expenses incurred
total $2,500; policy in question approved by Mayor Davert and Mayor Pro Tem
Amante on September 18, 2006; questioned why changing now; concerned with
City Council Meeting March 17, 2009
Minutes Page 7 of 10
running elitist council by not allowing poor to run for Council; reimbursement
request is small compared to City's overall expenses; committees been appointed
do not have stipends and requested reimbursement for mileage to conduct City's
business; opposed to making policy change.
Mayor Pro Tem Amante, noted that policy approved for different economic times;
dollar amount not in question, but leadership; lead with sense of sacrifice.
Councilmember Gavello, requested that it be noted on the record that salary
survey provided to the Council tonight at the dais and cities listed have other
benefits Tustin doesn't.
Mayor Davert, noted that has approved grad night in the past and not approved
this year; noted that stipend received by the Council covers expenses to conduct
the people's business; Mayor Pro Tem Amante's request reasonable.
Councilmember Gavello, requested reasonable expenses be reimbursed since
former councilmember's received reimbursements.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to have staff amend the Policy and include Council pre-authorization on
travel. Motion carried 4-1 (Gavello dissented).
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.
Joe Meyers, Public Works Administrative Services Manager provided summary
report of achievements to date.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to receive and file this report. Motion carried 5-0.
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.
Council may also request that staff prepare additional reports, and/or letters of
City Council Meeting March 17, 2009
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support/opposition on legislative matters that are time-sensitive and not
agendized.
Motion: It was moved by Mayor Davert, seconded by Mayor Pro Tem Amante to
authorize the Mayor to send a letter in opposition to AB 155 (Mendoza). Motion
carried 5-0.
OTHER BUSINESS /COMMITTEE REPORTS -
Councilmember Gavello:
• Enjoyed Miss Tustin program, impressed with contestants; and
• Asked all to buy in Tustin, especially costly items.
Councilmember Nielsen:
• SCAG report -City of Walnut requested resolution opposing NFL Stadium Project and
took neutral position; once regional Councilmember member is elected cannot be
replaced during their term; RHNA dropped recommendation of regional income levels;
looking at draft budget; reviewed SCAG draft proposed legislative principles;
• Attended Miss Tustin pageant; congratulated winners and contestants;
• Attended Marmalade Cafe opening;
• Attended Casino Night; and
• Tustin Community Foundation having volunteer recognition luncheon on April 30th, at
Wilcox Manor, invited all to attend.
Councilmember Palmer:
Appreciated discussion on cost savings; staff to agendize review and possible elimination
of membership dues at next meeting; and
Appealed to fellow council members to avoid personal attacks since we will have to
review and make cuts in programs and expenses in the coming months; need to be
unified.
Mayor Pro Tem Amante:
• OCTA and TCA joint leadership meeting discussed regional issues, including 241 toll and
241 and 91 connector study and reviewed options for ease of transition that will allow
traffic relief; progress of Irvine/Corona Expressway geology study underway, coming for
discussion in late summer or early fall; not receiving much in Federal Stimulus funds;
discussed project readiness; major improvement study of Central Corridor to relieve 55
freeway;
• Attended meeting in Sacramento for TCA on alignment of 241 extension;
• Attended joint meeting of OCTA, TCA, and SANDAG discussed regional transit mobility
for service on LA/ San Diego corridor (LOSAN) to review transportation and coordinate
efforts among systems; trains relieve traffic and reduce pressure; implementation of AB
32 & 375; and
• Chief Executive Officer, Art Leahy announced that he is leaving OCTA to go back to MTA
in Los Angeles, publicly congratulate him; requested resolution (proclamation) for efforts;
County Board of Supervisor Norby and he serve on committee to find replacement.
City Council Meeting March 17, 2009
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Mayor Davert:
• Concur that Art Leahy should be publicly congratulated; schedule to receive
proclamation;
• Vector Control report, West Nile virus active in County; Board is inefficient and
overstaffed; Supervisor Moorlach proposed legislation to merge with Agricultural
Commission; Mayor and Trustee Bone suggest merge with County Health Department;
• Every agency reviewing expenses, reform a good thing;
• Serving as Principal for the day, Thursday, at Nelson elementary;
• March 11th participated in Arbor Day program;
• Boys and Girls Club dedicating refurbished gymnasium on March 28;
• Missed the Miss Tustin event, court to be presented at April 7 Council Meeting; and
• Congratulated new Community Services Commissioners, to be sworn in tomorrow.
ADJOURNED - 9:36 P.M. -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
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