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Home My WebLink About00 CC AGENDA 05-19-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember MAY 19, 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. ~' f 1~ CALL TO ORDER -Meeting #2211 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. EXISTING LITIGATION [Govt. Code 54856.9(a)] - 1 Case 1. City of Tustin v. AAE Pacific Park Associates, LLC, et al., Case No. 030001932, Orange County Superior Court B. EXPOSURE TO LITIGATION [Govt. Code 54856.9(b)] - 3 Cases REGULAR CITY COUNCIL MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2211 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 -Senior Rabbi, Eli Spitz of Congregation B'nai Israel PLEDGE OF ALLEGIANCE - Councilmember Nielsen ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (City Council Agenda Item 1) PUBLIC HEARING: APPROVE CITY OF TUSTIN HAZARD MITIGATION PLAN The City of Tustin is required to have a Federal Emergency Management Agency (FEMA) approved Hazard Mitigation Plan (HMP) to be eligible for certain disaster assistance and mitigation funding. This document fulfills FEMA requirements and provides direction and guidance on implementing hazard mitigation action items on ahazard-level, probability, and cost-priority basis. Staff is requesting the City Council conduct a public hearing and adopt a resolution approving the City of Tustin Hazard Mitigation Plan. Recommendations: 1.a. Hold a public hearing to receive public input and testimony; 1.b. Direct staff to incorporate relevant comments; and, 1.c. Adopt resolution. RESOLUTION NO. 09-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY OF TUSTIN HAZARD MITIGATION PLAN 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. City Council Meeting May 19, 2009 Agenda Page 2 of 7 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 2 through 8) 2. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 5, 2009 Recommendation: Approve the Minutes of the Regular City Council Meeting held on May 5, 2009. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $1,347,415.41; Reversals in the amount of $49,436.20 and $4,225.31; Demands in the amount of $2,567,628.75; and Payroll in the amount of $739,158.79. 4. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2009-2010 The City Council, at their meeting of January 20, 2009, adopted Resolution No. 09-05, which ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. The Engineer's Report has now been completed and consideration of the following actions is now appropriate: • Adoption of Resolution No. 09-26 approves the Engineer's Report for Fiscal Year 2009-2010. • Adoption of Resolution No. 09-27 declares the City Council's intention to levy annual assessments for Fiscal Year 2009-2010 and set a public hearing for June 16, 2009. Recommendations: Adopt resolution. RESOLUTION NO. 09-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2009-2010 RESOLUTION 09-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL City Council Meeting May 19, 2009 Agenda Page 3 of 7 YEAR 2009-2010 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF 5. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE LANDSCAPE ASSESSMENT DISTRICT WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. Approval of the third contract amendment with SpectrumCare Landscape & Irrigation Management, Inc. will extend the agreement for landscape maintenance services for the Landscape and Lighting District for the period from July 1, 2009 to June 30, 2010, and will provide a price increase of 0.1 %. Recommendation: Approve the third amendment to the contract agreement between SpectrumCare Landscape & Irrigation Management, Inc. and the City of Tustin for landscape maintenance services for the Landscape and Lighting District, subject to City Attorney approval. 6. SET A PUBLIC HEARING FOR JUNE 2, 2009 TO CONSIDER ADOPTION OF NEW WATER CONSERVATION ORDINANCE In response to potential water shortages, Metropolitan Water District (MWD) has asked water service providers to update and adopt a water conservation ordinance by July 2009. Using MWD's model ordinance, along with consulting other agencies, Tustin staff has drafted a Water Conservation Ordinance. Recommendation: Set a public hearing for June 2, 2009 to consider adoption of a new water conservation ordinance to promote water use efficiency and reduce water waste. 7. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the third and fourth quarters of 2008. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School on Beneta Way, remained relatively constant during the third and fourth quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: Receive and file this report. City Council Meeting May 19, 2009 Agenda Page 4 of 7 8. PARTICIPATION UNDER THE COUNTY OF ORANGE APPLICATION FOR ALLOCATION OF 2009 MORTGAGE CREDIT CERTIFICATES Approval is requested for the City of Tustin's participation in the Mortgage Credit Certificate (MCC) Program administered by the County of Orange under the County's application for a federal allocation of $20,507,852 for the 2009 MCC Program. Recommendations: 8.a. Authorize the City Manager to enter into a Cooperative Agreement with the County of Orange for participation in the 2009 Mortgage Credit Certificate Program, subject to City Attorney approval of the Cooperative Agreement as to form, and; 8.b. Authorize the City Manager, or his designee on behalf of the City to take such steps and execute such additional documents as may be necessary to support the County's submission to the California Debt Limit Allocation Committee (CDLAC) on behalf of participating cities and unincorporated areas in the County fora $20,507,852 allocation for the County's issuance of mortgage credit certificates. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9 thru 12) 9. AMEND TUSTIN CITY CODE CHAPTER 3, SECTION 6310 "DRINKING IN PUBLIC" TO INCLUDE PROHIBITION OF POSSESSING AN OPEN ALCOHOLIC BEVERAGE CONTAINER (ORDINANCE NO. 1364) Amend the Tustin City Code Chapter 3, Section 6310 to modify drinking in public as it related to the possession of an open alcoholic beverage container not previously included in that section of the Code. Recommendation: Introduce and have first reading, by title only, of Ordinance No. 1364, and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1364 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE CHAPTER 3, SECTION 6310 TO INCLUDE THE PROHIBITION OF POSSESSING AN OPEN ALCOHOLIC BEVERAGE CONTAINER 10. COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDING City Council Meeting May 19, 2009 Agenda Page 5 of 7 On February 17, 2009, the American Recovery and Reinvestment Act of 2009 (ARRA) was signed into law to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. Recently, the Department of Housing and Urban Development (HUD) notified the City of Tustin of its allocation of $216,643. To use the funds, HUD requires the City to substantially amend the Program Year (PY) 2008-09 Action Plan by reflecting how the City will use the allocated funds. Staff proposes three projects related to the improvements to the Tustin Area Senior Center to be funded with CDBG-R funds. Recommendations: Adopt resolution authorizing: 1. The submittal of substantial amendments to the PY 2008-09 Action Plan for the use of the City's allocated CDBG-R funds to the Department of Housing and Urban Development (HUD) for the following projects: • Tustin Area Senior Center Heating, Ventilating, and Air Conditioning (HVAC) improvements - $140,000 • Tustin Area Senior Center Flooring - $56,643 • Tustin Area Senior Center Wall Covering improvements - $20,000; 2. The Director of Public Works to prepare the plans and specifications for the noted projects; and 3. Advertisement for bids, if applicable. RESOLUTION NO. 09-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF SUBSTANTIAL AMENDMENTS TO THE PROGRAM YEAR 2008-09 ACTION PLAN FOR THE USE OF THE CITY'S ALLOCATED CDBG-R FUNDS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO PREPARE THE PLANS AND SPECIFICATIONS FOR THE NOTED PROJECTS; AND AUTHORIZING THE ADVERTISEMENT FOR BIDS. 11. CITY OF TUSTIN RESPONSE TO THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION SPHERE OF INFLUENCE UPDATE FOR THE CITIES OF TUSTIN AND ORANGE City Council action is requested for the City of Tustin's response to the Orange County Local Agency Formation Commission's (LAFCO) proposed Sphere of Influence (SOI) Update for the Cities of Tustin and Orange. In November 2007, LAFCO slightly modified the Sphere of Influence line for the Cities of Tustin and Orange in the North Tustin area, with the understanding that the line would be reviewed again as part of this year's Sphere of Influence update cycle. LAFCO staff has developed four options, which are scheduled to be considered by their Commission on June 10, 2009. City Council Meeting May 19, 2009 Agenda Page 6 of 7 Recommendation: Adopt resolution. RESOLUTION NO. 09-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE PROPOSED SPHERE OF INFLUENCE BOUNDARY IN THE NORTH TUSTIN AREA THAT IS IDENTIFIED BY THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION AS OPTION 12. LEGISLATIVE REPORTS -SUPPORT PRESERVATION OF THE EQUESTRIAN CENTER AT THE ORANGE COUNTY FAIRGROUNDS The Orange County Fair Board of Directors is considering replacing the equestrian center at the Orange County Fairgrounds with an additional parking lot. 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: Adopt resolution. RESOLUTION NO. 09-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IN SUPPORT OF THE PRESERVATION OF THE EXISTING 7.5-ACRE EQUESTRIAN CENTER AT THE ORANGE COUNTY FAIR AND EVENT CENTER OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday, June 2, 2009 at 2:30 p.m. for a Budget Workshop, followed by the Closed Session Meeting and Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council Meeting May 19, 2009 Agenda Page 7 of 7