HomeMy WebLinkAbout03 MINUTES OF CC MEETING 2009 04 07 04-21-09Agenda Item
Reviewed:
MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director
TUSTIN, CALIFORNIA
APRIL 7, 2009
CALLED TO ORDER MEETING #2208 AT 5:30 P.M.
ATTENDANCE
3
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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 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
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 April 7, 2009
Minutes Page 1 of 15
REGULAR CITY COUNCIL MEETING
CALL TO ORDER MEETING #2208 AT 7:00 P.M.
PLEDGE OF ALLEGIANCE -American Legion
INVOCATION -American Legion
NATIONAL ANTHEM -Brittany Taylor, Miss Tustin 2009
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello, John Nielsen, 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.
PRESENTATIONS
• Certificates of Recognition presented by Mayor Davert to 2009 Miss Tustin and her
Court
- Miss Tustin, Brittany Taylor
- 1St Runner-up, Ana Griese*
- 2"d Runner-up, Tamara Grabowski*
- 3~d Runner-up, Chloe Hall*
• Plaque presented by Planning Commission and Certificates of Recognition presented
by Mayor Davert to Michael Demoratz and Lindburgh McPherson at 310 S. Pasadena
Ave., Tustin, CA 92780 for Outstanding Old Town Property
• Proclamations presented by Mayor Davert to outgoing Community Services
Commissioners Kimberly Powell Albarian*; Vern Glaser*; and Kim Leason for their
invaluable service to the Commission
• Presentation by Tustin Chamber of Commerce on "Totally Tustin" program
*No show
City Council Meeting April 7, 2009
Minutes Page 2 of 15
PUBLIC HEARING ITEM
1. PUBLIC HEARING: CONDITIONAL USE PERMIT 09-002 & DESIGN REVIEW
09-003 PROJECTING SIGNS AT BEACH PIT BBQ
Beach Pit BBQ is proposing to install two (2) projecting signs on the building at
560 EI Camino Real. The City Council is requested to review and approve
Conditional Use Permit (CUP) 09-002 and Design Review (DR) 09-003 for the
two proposed projecting signs.
On March 10, 2009, the Planning Commission held a public hearing and
recommended that the City Council approve Conditional Use Permit 09-002 and
Design Review 09-003.
Staff report presented by Principal Planner Justina Willkom
Project Description:
• A request to install two (2) projecting (blade) signs at 560 EI Camino Real
(Beach Pit BBQ)
• Applicant: Tim DeCinces, Beach Pit BBQ
• Property Owner: Vivian Delgado Pallais
Project Location
• 560 EI Camino Real
• Zoning: C-2-P (Central Commercial, Combining Parking)
• Cultural Resources District
• General Plan: Old Town Commercial
• Town Center Redevelopment Project Area
Surrounding Uses
• North: Jamestown Village
• East: Vacant Lot
• South: EI Camino Plaza
• West: Residential
Tustin City Code Section 9252j1
• Gives the City Council the authority to adopt design criteria for the Cultural
Resources District, including the following:
1. Materials
2. Architectural character, style, and detail
3. Appurtenances to new and existing structures
4. Textures and ornamentation
5. Accessories on new or existing structures
Tustin City Code Section 9252j3
• Gives the City Council authority to permit unlisted uses within the Cultural
Resources District
• Find that the nonlisted use would support the purpose of the District
City Council Meeting April 7, 2009
Minutes Page 3 of 15
• Public hearing and recommendation by the Planning Commission
Tustin City Code Section 9252a
• Purposes of the Cultural Resources District
1. Safeguard the heritage of the City
2. Strengthen civic and neighborhood pride and a sense of identity
based on the recognition and use of cultural resources
3. Promote the private and public enjoyment, use and preservation of
culturally significant structures and sites for residents and visitors
4. Enhance the visual and aesthetic character, diversity of architectural
styles and aesthetic appeal of the City
Tustin City Code Section 9272c
• Design Review Authority
• Deferred to City Council for this project
• Consider at least the following:
1. Exterior materials and colors
2. Location, height and standards of exterior illumination
3. Appearance and design relationship of proposed sign to existing
structure and future structures
4. Proposed signing
Findings
• A decision to recommend that the City Council approve this request could
be supported by the following findings:
1. Section 9252j1 of the Tustin Municipal Code authorizes the City
Council to establish design criteria for the Cultural Resources
District as necessary to supplement the provisions of the District,
including acceptable accessories such as signs, banners, flags, and
projections. Section 9252j3(a) gives the City Council the authority to
permit a nonlisted use which supports the purpose of the District as
a conditional use following a public hearing and recommendation
from the Planning Commission.
2. The Planning Commission held a public hearing on March 10, 2009
and adopted Resolution No. 4112, recommending that the City
Council approve the project.
3. The addition of new blade signs to the existing contributing building
located in the Cultural Resource District will not detrimentally alter,
destroy, or adversely affect the resource for the following reasons:
a. The proposed signs are an addition to the existing
contributing building and do not modify the physical building
structure other than to prepare the building for the support of
the signs; the structural support is behind the existing
parapet and not visible;
b. The proposed signs modify the appearance of the building for
the purpose of representing the business housed within; if
and when the business and/or use change, the signs can be
removed, leaving the existing building in its original condition;
City Council Meeting April 7, 2009
Minutes Page 4 of 15
c. The materials, style, color, and details of the proposed signs
are consistent and compatible with the use of the existing
garage building as a restaurant, are pedestrian oriented, of
an appropriate size and scale to the building, and are in
keeping with signs in the Cultural Resource District existing
at the time the subject building operated in its original use as
a garage (beginning in approximately 1915);
d. The proposed signs are compatible with other signs in the
Cultural Resources District, in that they are constructed of
similar materials, are of a similar size, and installed in a
similar manner;
e. The proposed signs support the purpose of the Cultural
Resources District in that they safeguard the heritage of the
City, strengthen civic and neighborhood pride and a sense of
identity based on the recognition and use of cultural
resources, promote the private and public enjoyment, use,
and preservation of structures for residents and visitors, and
enhance the visual and aesthetic character and aesthetic
appeal.
4. Pursuant to Section 9272 of the Tustin Municipal Code, the location,
size, architectural features, and general appearance of the
proposed signs will not impair the orderly and harmonious
development of the area, the present or future development therein,
or the occupancy as a whole. In making such findings, the
Commission has considered at least the following items:
a. Exterior materials and colors, in that the signs are designed
using materials and colors which complement the building;
b. Location, height and standards of exterior illumination, in that
new lighting will be limited to that necessary to illuminate the
new signs, including micro accent lights and halo lighting;
c. Appearance and design relationship of proposed sign to
existing structures and future structures in the neighborhood,
in that the signs are designed in a manner which will
complement the commercial area of the Cultural Resources
District as a whole; and
d. Proposed signing in character with the historic building and
with historic signage that would have existed when the
building was originally built.
Public Hearing opened at 7:43 p.m. There were no speakers and the hearing
closed at 7:44 p.m.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to adopt resolution.
RESOLUTION NO. 09-15 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA APPROVING CONDITIONAL USE
PERMIT (CUP) 09-002 AND DESIGN REVIEW (DR) 09-003 TO INSTALL
City Council Meeting April 7, 2009
Minutes Page 5 of 15
TWO (2) PROJECTING SIGNS ON THE BUILDING AT 560 EL CAMINO
REAL (BEACH PIT BBQ)
Motion carried 5-0.
ORAL COMMUNICATION /PUBLIC INPUT
• Abid Hussain spoke about Tustin Youth Cricket and thanked Parks and Recreation
staff for support in creating program in Tustin.
• Bart Rainone, urged Tustin to participate in AB811: energy efficient program.
• Shirley Loveland, representing OC Interfaith Coalition for the Environment encouraged
City to participate in the US Mayor's Climate Protection Agreement to reduce carbon
dioxide emissions, energy use, and green the City.
CONSENT CALENDAR ITEMS -Councilmember Gavello requested that item #2 be
pulled for revisions and return to Council at the next regularly scheduled City Council
Meeting. Mayor Pro Tem Amante pulled item #6 and Mayor Davert pulled item #11 for
separate action. It was moved by Councilmember Nielsen, seconded by Mayor Pro Tem
Amante to approve balance of Consent Calendar items as recommended by staff. Motion
carried 5-0.
2. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 17, 2009
Motion: It was moved by Councilmember Gavello, seconded by Mayor Davert to
bring back revised Minutes to the next regularly scheduled City Council Meeting.
Motion carried 5-0.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $2,990,858.33; Reversals in the
amount of $795,192.50; Demands in the amount of $2,436,652.23; and Payroll in
the amount of $722,712.94.
4. PLANNING ACTION AGENDA -MARCH 24, 2009
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Motion: Receive and file.
5. AWARD A CONTRACT FOR CITY PRINTER SERVICES
City Council Meeting April 7, 2009
Minutes Page 6 of 15
Award a contract to The Halftone Shop for the quarterly Tustin Today/City Scene
brochure and other Citywide printing services and authorize the City Manager to
execute a contract subject to the City Attorney's approval as to form.
Motion: Award a contract to The Halftone Shop for printing Tustin Today/City
Scene brochure, in an amount not to exceed $12,530 per quarter.
~. ACCEPTANCE OF PUBLIC IMPROVEMENT``AND AUTHORIZATION TO .FILE
THE NOTICE OF COMPLETION FOR THE CAMINO REAL PARK
PLAYGROUND`EQUIPMENT INSTALLATION {CIP NO. 2059}
Construction of the Camino Real Park Playground Equipment Installation (CIP
No. 2059) has been completed and is ready for acceptance and filing of the
Notice of Completion.
Mayor Pro Tem Amante noted for the record that due to the proximity to his
residence, he would be abstaining.
Motion: It was moved by Councilmember Palmer, seconded by Councilmember
Nielsen to:
6.a. Adopt resolution; and
RESOLUTION NO. 09-16 - 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 CAMINO REAL PARK
PLAYGROUND INSTALLATION (CIP NO. 2059)
6.b. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
Motion carried 4-0-1 (Amante abstained).
7. AWARD OF BID FOR THE PINE TREE PARK PLAYGROUND INSTALLATION
(PROJECT NO. 2059)
The bid opening for the Pine Tree Park Playground Installation project was held
on March 26, 2009. City Council is requested to award the bid to Installation Pros,
Inc., in the total amount of $37,806.00
Motion: Award the contract to Installation Pros, Inc. of Pomona, California in the
amount of $37,860.00 subject to the approval of contract requirements by the City
Attorney and final execution.
City Council Meeting April 7, 2009
Minutes Page 7 of 15
8. CONSIDERATION OF CLAIM OF SIRLEY GUILLEN, CLAIM NO. 08-46
The Claimant reported that a tree branch from a City tree on West 6th Street fell
on to the roof of her car, causing a dent and scratches.
Motion: Deny Claim Number 08-46, Sirley Guillen, and direct Staff to send notice
thereof to the Claimant.
9. CONSIDERATION OF CLAIM OF JOANNE SLAUGHTER, CLAIM NO. 08-50
The Claimant reported that while entering the wheelchair ramp northbound
crossing First Street at EI Camino Real, while going up onto the sidewalk, her
wheelchair struck the curb causing her wheelchair to "flip over", resulting in injury
to her right leg, and "other injuries". There was no incident report or medical aide
call recorded at the time of the alleged incident. Orange County Fire Authority
was called to Claimant's residence the day after alleged incident for medical aide.
Motion: Deny Claim Number 08-50, Joanne Slaughter, and direct Staff to send
notice thereof to the Claimant.
10. CONSIDERATION OF CLAIM OF STEVEN KOERNER, CLAIM NO. 09-01
The Claimant alleges that he suffered a panic-induced asthma attack on
November 8, 2008 as a result of being illegally detained by the Tustin Police
Department.
Motion: Deny Claim Number 09-01, Steven Koerner, and direct Staff to send
notice thereof to the Claimant.
11. CONSIDERATION OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM
OF JAMES CARRUTHERS,_CLAIM NO. 09-04
The Claimant alleges dog bite injuries and a broken arm stemming from the use
of a City of Tustin Police Service Dog. The Claimant submitted claims to the City
of Orange and the County of Orange on October 21, 2008.
Mayor Davert noted for the record that he witnessed incident and would be
abstaining.
Motion: It was moved by Councilmember Nielsen, seconded by Councilmember
Palmer to deny the Application for Leave to Present Late Claim Number 09-04,
James Carruthers, and direct Staff to send notice thereof to the Claimant. Motion
carried 4-0-1 (Davert abstained).
City Council Meeting April 7, 2009
Minutes Page 8 of 15
12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE HEWES AVENUE WATER MAIN
REPLACEMENT PROJECT (CIP NO. 6161)
Construction of the Hewes Avenue Water Main Replacement Project from Vale
Ave to Fairhaven Avenue (CIP No. 6161) has been completed to the satisfaction
of the City Engineer and is now ready for City Council acceptance.
Motion:
12.a. Adopt resolution; and
RESOLUTION NO. 09-17 - 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 HEWES AVENUE WATER MAIN
REPLACEMENT PROJECT FROM VALE AVENUE TO FAIRHAVEN
AVENUE (CIP NO. 6161)
12.b. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
13. SET A PUBLIC HEARING FOR MAY 19, 2009 TO CONSIDER APPROVAL OF
THE CITY'S HAZARD MITIGATION PLAN
Federal law requires the City to prepare a Hazard Mitigation Plan in order to
remain eligible for federal pre and post-disaster mitigation funds. Staff has
completed the draft Hazard Mitigation Plan that must be approved at a public
hearing. Staff is requesting the City Council set the public hearing for May 19,
2009.
Motion: Set a public hearing for May 19, 2009 to consider adoption of the City's
Hazard Mitigation Plan.
14. SET A PUBLIC HEARING FOR JUNE 2, 2009 PURSUANT TO THE
REQUIREMENTS OF PROPOSITION 218 TO CONSIDER THE
ESTABLISHMENT OF SOLID WASTE RATES FOR FY 09-10
Pursuant to Proposition 218, a public protest hearing is required to set solid waste
rates. Staff is requesting the City Council set a public hearing on June 2, 2009 at
7:00 P.M. to consider the residential and commercial rate adjustments.
Motion: Set a public hearing for June 2, 2009 at 7:00 p.m. to consider rate
adjustments for FY 09/10.
City Council Meeting April 7, 2009
Minutes Page 9 of 15
15. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE DEMOLITION AND REMOVAL OF
BUILDINGS AND STRUCTURES ON FUTURE TUSTIN LEGACY PARK SITE
(CIP NO. 2043)
Work for the Demolition and Removal of Buildings and Structures on Future
Tustin Legacy Park Site (CIP No. 2043) has been completed to the satisfaction of
the City Engineer and is now ready for City Council acceptance.
Motion:
15.a. Adopt resolution; and
RESOLUTION NO. 09-12 - 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 DEMOLITION AND REMOVAL OF
BUILDINGS AND STRUCTURES ON FUTURE TUSTIN LEGACY PARK
SITE (CIP NO. 2043)
15.b. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
REGULAR BUSINESS ITEMS
16. ORDINANCE SECOND READING: ORDINANCE NO. 1362, AMEND CITY
CODE SECTION 5331 n TO APPROVE PERMIT ONLY PARKING ZONES FOR
THE ESTABLISHMENT OF PREFERENTIAL PERMIT PARKING ALONG
COPPERFIELD DRIVE FROM RED HILL AVENUE TO SANDBROOK DRIVE
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 spoke in opposition to the proposed ordinance:
• Ginny Mueller, Avalon Apartments Manager
• Bart Rainone Owner of Avalon Apartments
• Emily Osterberg, representing Apartment Homeowners Association
Ed Eloe, resident of Copperfield spoke in support of Permit Parking
Councilmember Palmer inquired whether policy allowed permits for apartment
residents. Staff indicated that policy did not address permits for apartment
residents. Mayor Pro Tem commended owner of Avalon Apartments for recent
upgrades to landscaping and Apartment Association for engagement of this
matter.
City Council Meeting April 7, 2009
Minutes Page 10 of 15
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to have second reading by title only and adoption of Ordinance No. 1362
(Roll Call Vote)
ORDINANCE NO 1362 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN CALIFORNIA AMENDING TUSTIN CITY CODE
SUBSECTION 5331 n REGARDING DESIGNATION OF ZONES FOR
PARKING BY PERMIT ONLY
Motion carried 4-1 (Palmer dissented).
17. TUSTIN LIBRARY LEASE AND MEMORANDUM OF UNDERSTANDING FOR
ENHANCED EDUCATIONAL SERVICES
Tustin City Council approval is requested to authorize the City to enter into a
long-term Lease between the City of Tustin and the County of Orange for the new
Tustin Library and to enter into a Memorandum of Understanding for Enhanced
Educational Services at the new Tustin Library between the County of Orange,
Tustin Unified School District (TUSD) and the City (the "MOU").
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to continue consideration of 17.a to the next regularly scheduled City
Council meeting and approve item 17.b., as recommended by staff:
17.a.
(Item continued to
next regularly scheduled City Council meeting)
17.b. Authorize the City Manager and/or Assistant City Manager to execute the
Guiding Principles and Memorandum of Understanding between the
County of Orange, City of Tustin and Tustin Unified School District for
Enhanced Educational Services in conjunction with the new Tustin Library.
Motion carried 5-0.
18. EXPENSE GUIDELINES AND REIMBURSEMENT POLICY
At its March 17, 2009 meeting the City Council directed staff to prepare
amendments to the City's expense guidelines and reimbursement policy for City
Council and Commission members.
Resolution No. 09-18, attached, would adopt new guidelines that reflect the City
Council's March 17, 2009 discussion about expenses.
Mayor Pro Tem Amante, proposed amendments to Exhibit A under Expense
City Council Meeting April 7, 2009
Minutes Page 11 of 15
Guidelines (pg. 3) paragraph 1, heading should read "Out of County
Transportation" and paragraph 2, under Lodging, should read "Out of County
Lodging"; under Telephone/Fax/Celluar should read "City Council and
Commission Members may be reimbursed for actual telephone and fax expenses
incurred on City business. Telephone bills should identify which calls were made
on City business, to whom the call was made, and the purpose of the call. For
cellular calls when the member has a particular number of minutes included in the
member's calling plan, the member must identify actual calls and the percentage
each call represents of calls made on City business."
Councilmember Nielsen, stated that he favors stricter guidelines, but proposed
language as revised by Mayor Pro Tem Amante is acceptable. Mayor Davert
concurred that revised policy was fair.
Councilmember Gavello, asked City Attorney if policy could be more specific on
what `communicating with representatives' meant. City Attorney Holland noted
that clause was purposely vague.
Councilmember Palmer, confused about proposed policy because he believes
stipend should cover most expenses incurred by the council; only extraordinary
travel expenses allowed with pre-approved by Council; expressed concern that
agenda report did not include Fiscal Impact.
Mayor Pro Tem Amante, clarified that in-county expenses covered by stipend and
policy addresses out-of-county expenses; policy covers IRS guidelines.
Councilmember Gavello, clarified that some events come out of the Membership
Account and not Council Expense account; not clear what is compensated such
as attending Chamber meetings, League meetings, etc.; would like to include
specific language in policy.
Councilmember Nielsen, referenced handout regarding expense accounts; setting
example for community
Mayor Davert, policy is specific enough to address council concerns, but flexible
City Manager Huston noted that revised policy includes IRS guidelines, consistent
with annual budget and includes catch-all language.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to adopt resolution with amendments as proposed by Mayor Pro Tem
Amante.
RESOLUTION NO. 09-18 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA AMENDING AND READOPTING IN
ITS ENTIRETY RESOLUTION NO. 06-111, ESTABLISHING EXPENSE
GUIDELINES AND AN EXPENSE REIMBURSEMENT POLICY FOR CITY
COUNCIL AND COMMISSION MEMBERS
City Council Meeting April 7, 2009
Minutes Page 12 of 15
Motion carried 5-0.
19. REVIEW OF CITY MEMBERSHIPS
Councilmember Palmer requested that the City Council discuss City-paid
memberships in organizations and associations. Included in the Agenda Report is
a list of all City-paid memberships for fiscal year 2008-09.
Councilmember Palmer, reviewed list of memberships and believes that some
can be suspended (top 4 most expensive memberships) that do not require
employee certification and will save the City a significant amount of money.
Motion: It was moved by Councilmember Palmer to suspend membership on top 4
most expensive agencies and request prorated membership reimbursement to the
City. Motion died for lack of second.
Mayor Pro Tem Amante, discussed need to continue membership on many of these
organizations including the top 4 most expensive agencies. Councilmember
Nielsen, concurred and indicated that cost benefit outweighs cost and specifically
listed SCAG's role in subsidizing RNHA numbers.
Councilmember Gavello, proposed an amendment to the motion to reduce the
number of membership organizations by 25%.
Motion: Motion by Councilmember Gavello, to reduce the number of membership
organizations by 25%. For discussion purposes, the item was seconded by
Councilmember Nielsen. Motion died 1-4 (Amante, Davert, Nielsen, and Palmer
dissented).
Councilmember Nielsen, feels percentage is arbitrary without understanding benefit
of each membership.
Mayor Pro Tem Amante, will be reviewing individual memberships during annual
budget process. Noted that it was important to be involved, especially if taxpayer is
receiving a return.
Mayor Davert, participation in regional programs and policies; presence of Tustin is
pertinent to regional planning
Motion: Motion by Mayor Davert, seconded by Mayor Pro Tem Amante, to reaffirm
membership for this year and request justification by department during budget
review process. Motion carried 4-1 (Palmer dissented).
20. LEGISLATIVE REPORTS
City Council Meeting April 7, 2009
Minutes Page 13 of 15
Councilmember Nielsen, OCCOG/SCAG Regional Council -workshop on AB32
and SB375 (Greenhouse Gas Reduction Act of 2005) financial impact to
development and transportation industries among others. AB118 to repeal AB32;
SB295 proposes to amend AB32 and delay implementation of legislation until
State unemployment rates drop below 5% for 3 consecutive months. Request
that staff agendize for discussion at next regularly scheduled city council meeting.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
• WACO report -California water distribution from the Colorado River is 4.4 million acre
feet and using 5.1 million acre feet; water allocation received from the State's of Nevada,
Utah, New Mexico, Arizona, Colorado, Wyoming, and country of Mexico; Metropolitan
Water -largest in state, paying farmers in Coachella Valley not to farm so they can save
water; precious and expensive resource received from Sacramento Delta and Colorado
River; State having 44% cut-back on water projects because of a court order; will take
10-15 years to build a canal around the Delta; options include: Las Vegas and Nevada
have extra water they may sell, but generally need to conserve water;
• Met US President Obama; concerned with amount of money given to financial
institutions;
• Met former Angel player Tim Salmon at Ladera Elementary School;
• Attended Cricket International Tournament with Boys and Girls Club; percussion concert;
opening of Laser Pain Center in Old Town Tustin; Skate Board event at Columbus Park;
and EI Camino Park Re-Dedication, playground well received by parents.
Councilmember Palmer:
• Attended Camino Real Park Re-Dedication; and
• Annual Senior Center Fund Meeting cited need for new floors and wall coverings; staff to
look at stimulus funds for projects.
Councilmember Nielsen:
• SCAG / OCCOG released plan for transportation planning; final draft of strategic plan in
next few months; adopted more stringent ethics policy; reappointed to Dist 17 Regional
Council -serving Tustin, Villa Park and Orange; staff proposed to support 1A thru 1 F, but
board did not support;
• Miss Tustin attended this evening's meeting; great scholarship program;
• Noted that Wilcox Manor property is a showplace;
• Thanked Tustin High School for his participation as Principal for a Day;
• Attended Camino Real Park Re-Dedication; Chamber Power Lunch discussed high
speed rail and budget issues at OCTA; Boys & Girls Club Chamber mixer; and
Preservation Conservancy mixer; and
• Looks forward to Easter Egg Hunt on Saturday, April 11tH
City Council Meeting April 7, 2009
Minutes Page 14 of 15
Mayor Pro Tem Amante:
• Congratulated Councilmember Nielsen on election to District 17 on SCAG Board;
• Congratulated Police Department on annual report and reduction in crime; requested
tracking of canine arrests;
• OCTA searching for new CEO, Jim Keenan to serve as interim; Amante serving on sub-
committee to find replacement;
• Transportation Corridor Agency report -having budget workshops, significant drop in toll
ridership, may have to adjust tolls; joint meeting between San Joaquin and the Foothill
Eastern to take place on April 30th to discuss impacts; appeared at Transportation and
Environment committee for alternative plans for construction, doing engineering analysis
of alignment, seeking input from all key players;
• Reported that State Ballot proposals 1 A-1 F (with exception of 1 F), are all badly failing;
and
• Sales and property taxes significantly low.
Mayor Davert:
• Concerned with federal debt; City revenues lower than expected;
• Thanked staff for efforts in running efficient meeting tonight;
• Announced the following events: April 21St will hold Annual Senior Center Volunteer
Recognition Luncheon; April 11th City to host Easter Egg Hunt; and April 14th will have
Dedication of the Pasadena Water Well;
• EI Camino Park Re-Dedication held last week; thanked Emily Murray for cutting ribbon;
• Attended Boys and Girls Club Re-Dedication of Gym Floor held last week;
• Participated in `Principal for the Day' at Nelson Elementary;
• Reported that there have been no measurable increase in speed on Irvine Blvd due to
recent addition of third lane; and
• Encouraged residents to read article in the Orange County Register on the City of Los
Alamitos recent decision by their city council to take a significant salary reduction.
ADJOURNED - 9:24 P.M. -The next meeting of the City Council is scheduled for
Tuesday, April 21, 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 April 7, 2009
Minutes Page 15 of 15