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Home My WebLink AboutCC MINUTES 2009 05 05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MAY 5, 2009 CALLED TO ORDER MEETING #2210 AT 5:30 P.M. ATTENDANCE 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. EXISTING LITIGATION [Govt. Code 54856.9(a)] - 2 Cases 1. City of Tustin v. AAE Pacific Park Associates, LLC, et al., Case No. 030001932, Orange County Superior Court 2. City of Newport Beach and City of Tustin v. City of Irvine et al., Case No. 30- 2008-00228855-CU-WM-CXC, Orange County Superior Court B. EXPOSURE TO LITIGATION [Govt. Code 54856.9(b)] - 2 Cases C. INITIATION OF LITIGATION [Govt. Code 54856.9(c)] - 2 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 May 5, 2009 Minutes Page 1 of 10 REGULAR CITY COUNCIL MEETING CALL TO ORDER MEETING #2210 AT 7:01 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: Pamela Stoker Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney CLOSED SESSION REPORT -City Council provided direction to City Attorney on two matters listed on the Agenda. PRESENTATIONS • Certificates of Recognition presented by Mayor Davert to youth contest participants from Art Smart Studio & Gallery, Inc. Certificates were given to: June Kim, Jane Lee, Emily Autumn Kim, Amy Lee, Ashley Budman, Lindsey Cho, Sean Kim, Celine Park, Sydney Rhee, Yerim Ryu, Jeany Ryu, Jordan Taketa, Kevin Chao, Haley Johnson, Tyler Johnson, Shree Sriadibhatla, Sarah Sivjee, Anna Della Marna, Jonathan Liang, Alyssa Fukumoto, Caden Salkeld, Carter Salkeld, Camerson Salkeld, Ryan Chang, Lisa Chang, Jamie Park, Hailey Park, Hannah Park, Crystal Kim, Rachel Kim, Megan Christine Hall, Stephanie Kim, Kristina Kim, Morgan Bibee, Riley Kim, Cassidy Johnson, Isabella Capps, Darren Sohn, Eleanor Pae, Audrey Pae, Max Jensen, Jaden Park, Miranda Chou, Evan Guinet, Brian Shin, Jenna Le, Allison Le, Emily Luong, Austin Luong, and Jillian Owens. • Proclamations presented by Mayor Davert to Vern Glaser* and Kimberly Powell Albarian, outgoing Community Services Commissioners for their invaluable service on the Commission • Presentation by the Orange County Transportation Authority on their newly re-designed and interactive website *No Show City Council Meeting May 5, 2009 Minutes Page 2 of 10 ORAL COMMUNICATION /PUBLIC INPUT -None CONSENT CALENDAR ITEMS - It was moved by Councilmember Palmer, seconded by Councilmember Nielsen to approve Consent Calendar items as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 17, 2009 AND APRIL 21, 2009 Motion: Approve the Minutes of the Regular City Council Meetings held on March 17, 2009 and April 21, 2009. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $481,654.56 and $637,204.78; and Payroll in the amount of $694,733.75. 3. PLANNING ACTION AGENDA -APRIL 28, 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. QUARTERLY INVESTMENT REPORT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Motion: Receive and file. 5. DECLARATION OF SURPLUS EQUIPMENT Declare City equipment as detailed in agenda report as surplus in accordance with Section 1626a (2) of the Tustin City Code and authorize their sale at public auction. Motion: 5.a. Declare, in accordance with the Tustin City Code -Section 1626a (2), the itemized list of equipment as surplus and not required for public use; and City Council Meeting May 5, 2009 Minutes Page 3 of 10 5.b. Authorize the Public Works Department to sell the various equipment at the next available public auction. 6. APPROVAL OF AGREEMENT NO. D09-035 WITH THE COUNTY OF ORANGE FOR THE PROPOSITION 42 CITY AID PROGRAM FOR FISCAL YEAR 2009/10 Approval of Agreement No. D09-035 will allow the City of Tustin to share in the County of Orange's Proposition 42 allocation under their City Aid Program (CAP) for roadway maintenance projects. The County of Orange has approved $7 million to share with Orange County cities on a pro-rata basis based on population. The City of Tustin's share is $173,220. Motion: Approve Agreement No. D09-035 with the County of Orange for the Proposition 42 City Aid Program, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 7. AWARD OF CONTRACT FOR CARPET PURCHASING, REMOVAL AND INSTALLATION AT TUSTIN AREA SENIOR CENTER (TASC) (CIP NO. 1032) UTILIZING THE CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) BID PROCESS Approval of Resolution No. 09-21 will authorize the award of a contract to Shaw Industries, Inc., dba Shaw Strategic Solutions Group for carpet purchasing, removal and installation at Tustin Area Senior Center (TASC) (CIP 1032) using the California Multiple Award Schedule (CMAS) bid process under the General Services Department of the State of California. Motion: Approve resolution. RESOLUTION NO. 09-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE AWARD OF CONTRACT TO SHAW INDUSTRIES, INC., DBA SHAW STRATEGIC SOLUTIONS, USING THE CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) BID PROCESS UNDER THE GENERAL SERVICES DEPARTMENT OF THE STATE OF CALIFORNIA 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE EQUIPPING/CONSTRUCTION PHASE OF THE PASADENA AVENUE WELL PROJECT (CIP NO. 6130) The Equipping/Construction Phase of the Pasadena Avenue Well Project (CIP No. 6130) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. City Council Meeting May 5, 2009 Minutes Page 4 of 10 Motion: 8.a. Adopt resolution; and RESOLUTION NO. 09-24 - 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 EQUIPPING/CONSTRUCTION OF THE PASADENA AVENUE WELL PROJECT (CIP 6130) 8.b. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. REGULAR BUSINESS ITEMS 9. TUSTIN AVENUE WELL SITE PROJECT - MITIGATED NEGATIVE DECLARATION AND CONCEPTUAL DESIGN PLANS The Tustin Avenue Well Site Project is a City of Tustin Water Services Division project that involves the demolition of an existing water well facility and the construction of a replacement water well facility housed in a 2,025 square foot structure, with an enclosed paved service yard, and surrounded by landscaped grounds. The project site is located at 1822 N. Tustin Avenue in the City of Santa Ana. The proposed project would pump water from the existing groundwater supply as required to satisfy domestic water demands for Tustin's service area. Presentation by Public Works Director Tim Serlet TUSTIN AVENUE WELL SITE • Mitigated Negative Declaration and Conceptual Design Plans PROJECT BACKGROUND • Existing well in operation since 1952. • One of eight "clear" water wells. • Replacement well to increase capacity. • More reliable than imported water. • Two water mains to be upgraded. PROJECT LOCATION • Site is located in the City of Santa Ana. • Site is owned by the City of Tustin. • Site is surrounded by commercial sites. • Constrained site is long and narrow. • Site is 7,200 square feet in size. • Access from Tustin & Old Tustin Avenues. City Council Meeting May 5, 2009 Minutes Page 5 of 10 PROJECT DESIGN • 2,025 square foot structure. • Maximum height of 18 feet. • Walls setback 20 feet from Tustin Ave. • Walls setback 15 feet from Old Tustin Ave. • Stucco building with stone veneer. • Walls with ornamental pilasters and caps. • Landscaping at front and rear. MITIGATED NEGATIVE DECLARATION • Tustin is CEQA lead agency. • Comment period: 09/25/08-12/19/08. • 30-day comment period required. • Noise Assessment prepared. • Mitigation: - 24 foot sound wall - Hospital grade mufflers - Compliance with AQMD requirements - Santa Ana Fire Department requirements • 9 comment letters from agencies. • 3 comment letters from individuals. • Responses to comments prepared. • No other comments received. • Mitigation Monitoring & Reporting Program. PROJECT SCHEDULE • Santa Ana Site Plan Review (1-2 months). • Design Engineering (12-18 months). • Approval of Plans and Specifications. • Santa Ana Building Plan Check. • Well Drilling (3 months). • Well Equipping (14 months). Council discussion ensued. Councilmember Nielsen requested clarification on whether the Northside setbacks will have a zero setback; where the driveway will be at; whether the wall will be right at the property line; how are water systems in an emergency accessed; what is procedure in which emergency has to be declared in order to access water. Public Works Director Serlet indicated that there are 4 connections. Department to work with each agency, if breakage occurs; no State Emergency required. Councilmember Palmer asked how City acquired a Well in the City of Santa Ana. It was noted that Well is within the Water Service Area, of which 2/3 of service area is outside city limits. City Council Meeting May 5, 2009 Minutes Page 6 of 10 Councilmember Gavello noted that we have a lot of water needs and questioned whether this was urgent project. Public Works Director Serlet indicated that when compared to a reservoir, a Well receives immediate return, and will cut water costs in half. Councilmember Gavello pointed out that groundwater cost half and going local is best for Tustin. Future projects will include fixing at least one of the reservoirs and get them on-line. She asked about projected cost for the Rawlings Reservoir -approximately $12-14 million; and questioned if City selling bonds to financing project -conceptual plan is to consider a rate increase. Public Works Director Serlet indicated that based on the rate increase, would approach bonding agencies to see if the rates are sufficient to support a bond sale. Public Works Director Serlet noted that agreement in place for a design engineer to complete design once the Negative Declaration and Conceptual Plans are adopted, will then proceed into the final design; under contract with AKM who also did the Pasadena Well. Councilmember Gavello asked for clarification on ROI. Well is 57 years old, and expected to have long life. Questioned timing of bond sale in current economic market. City Manager Huston indicated that projects of this magnitude usually financed with series of bond issues. Clarified bond process. Will sell bonds for the well and reservoir at the same time. Mayor Davert noted that OC Water District aggressive in keeping water supply and up to City to find best way to access it and store it in our jurisdiction. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Gavello to adopt resolution. Motion carried 5-0. RESOLUTION N0.09-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE TUSTIN AVENUE WELL SITE PROJECT INCLUDING: ADOPTION OF THE FINAL MITIGATED NEGATIVE DECLARATION AS ADEQUATE FOR THE TUSTIN AVENUE WELL SITE PROJECT; ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND, APPROVAL OF THE CONCEPTUAL DESIGN PLANS 10. SET DATE FOR BUDGET WORKSHOP The draft budget will be distributed to the City Council prior to the workshop. City Manager Huston suggested early June. Set June 2~d at 2:30 p.m. and June 16th at 3:30 p.m. for Fiscal Year 2009/10 Budget Workshops. City Council Meeting May 5, 2009 Minutes Page 7 of 10 11. LEGISLATIVE REPORTS Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer to support SB295 and send letter to Senator Dutton and Committee to re- affirm support of amended bill. Motion carried 4-1 (Gavello dissented). Mayor Pro Tem Amante requested that legislation on the proposed Elimination of Equestrian Area at Orange County Fairgrounds be brought to the City Council for consideration. The facility provides large animal rescue during emergencies. OTHER BUSINESS /COMMITTEE REPORTS Councilmember Gavello: WACO report: Col. Jack Foley of Metropolitan Water District (MWD) briefed on rate increases. Imported water increase by 8.8% with additional $69/acre per foot surcharge - overall increase of 19.7°/a; will separate costs out because of the Delta State Water Project; doing so will allow for easier change when issue gets resolved. Cost of imported water increased from $603.50 to approx $720/acre foot. Monthly reports revealed that consumers served by Tustin used 475 acre ft less than last year. Conservation is best alternative and more valuable commodity than oil. Irvine Ranch Water Dist. increased rates; • Attended Orange County Marathon; the Temple B'nai Israel Israeli Fair event; Annual Preservation and Conservation Dinner where the City of Tustin received an award for the Pasadena Water Well design; Tustin Youth Center had Cinco de Mayo celebration; and the California Bankers Association meeting, where economist did presentation on the economy, people's purchasing habits, and automotive industry. Councilmember Nielsen: OCCOG report: discussed proposed AQMD Rule 2301, same philosophical values as A632 and SB375 -proposed rule to reduce emissions of ultra fine particulate matter, volatile organic compounds in nitrous oxide. Three competing proposals: 0 1St, Southern California AQMD to reduce nitrous oxide by a determined percentage, not sure what the percentage will be. If this proposal approved would be 80 homes; the environmental proposal would be 40 and after that you would pay in-lieu fees; 0 2nd, Environmental Interest Proposal which is to reduce nitrous oxide volatile organic compounds and ultra fine particulates to one ton per year per project (development projects), and charge in-lieu fees to be paid by developer after that if it exceeds limits to take care of remediation. If proposal passed, larger projects, particularly larger residential projects in the state would be so severely impacted. 0 3rd, Building Industry to consider all impacts through CEQA process, integrated into the current CEQA process and let localities that file CEQA determine remediation necessary. If proposal approved would include 550 homes before anything else would have to go Proposals parallel SB375 framework, but no agency or organizations designed to provide frameworks are interacting with each other. Thursday and Friday will be attending City Council Meeting May 5, 2009 Minutes Page 8 of 10 SCAOG, main topic will be framework for SB375 and relation to AB32(which is the Greenhouse Gas Reduction Act of 2006). • Attended Preservation Conservancy Award Dinner; Tustin Community Foundation Community Volunteer Recognition Luncheon at Wilcox Manor; Bistro West restaurant at Tustin Legacy for Grand Opening; and Red Hill Lutheran Church for brick signing ceremony. Councilmember Palmer: • Attended dinner by Tustin Preservation; great turnout and increased interested in organization; connection between organization and Planning Commission with some commissioners in attendance; • Serve as Alternate Member on the Orange County Fire Authority, had privilege to attend 1St board meeting where they did an extensive presentation on Freeway Complex Fire; • OC Housing Authority report -discussed homeless prevention strategies, and dealing with the new homeless and impact of current financial situation; glad to hear people speaking about prevention instead of institutionalization. Mayor Pro Tem Amante: • Noted that newly elected Councilmember Nielsen is well read on SB375; environmental regulations; • OCTA, continues to struggle with budget issues including service reductions and use federal stimulus dollars; I-Shuttle cutting back on service hours, staff to analyze impact; • Attended with Councilmember Nielsen the Tustin Community Foundation Luncheon, well attended. Foundation flourishing with active participation of non-profit groups in our community. Thanked Foundation for success; • Transportation Corridor Agency (TCA) report -budget workshop for Toll Roads; ridership down; increased costs; held Joint Budget Workshop with San Joaquin regarding maintenance fees -riders of the Foothill Eastern Transportation Corridor Authority will have toll rate increase of about $.25, at all main line and all ramps with the exception of Windy Ridge (which traffic analysis show a significant amount of elasticity and want to maintain volume), all others increase transponder maintenance fee to $2 per transponder compared to current $1, increase will raise about $9 million over the course of the year; Hoping to avoid use of reserves until economy and ridership recover; and • Wished all mothers a Happy Mother's Day on Sunday. Mayor Davert: • Vector Control board report -West Nile increased in Southern California, careful with standing water; Orange County has had two dead crows positive for West Nile; • Airport Land Use Committee report -Hutton Center Project/MacArthur Place in Santa Ana is four story project with no affect on Tustin air quality; City of Irvine vision plan review, some objections but is consistent with Plan; • Traveled to Washington DC on behalf of Sanitation District for funding; relocation of Santa Ana River interceptor line which is a sewer pipe that was 20' underground but line now exposed will be $100 million project; District received two awards; • Upcoming events -Teacher of the Year dinner; Man and Woman of the Year dinner to be held on May 29tH, June 7tH will be Chili Cook Off; and Tustin Chamber of Commerce to sponsor the State of the City Luncheon on June Stn; City Council Meeting May 5, 2009 Minutes Page 9 of 10 • Thank you to Pat & Oscars or support of our community; held successful fundraiser for Rescue Mission on Monday evening; • Warned that recent notice received by many is not official Property Tax Assessor notice, but advertising for private company; and • Mayor Davert announced that there is an adult art exhibition called "City of Trees" at Chemers Gallery at Enderle Center from May 16th - 30tH Councilmember Palmer inquired whether the City should have staff prepare a resolution of support to dismantle/reassign the Vector Control Board into the County. Mayor Davert indicated that County working on alternative plan since previous legislation failed. Mayor Pro Tem Amante also noted that County CEO preparing alternatives as requested by OC Board of Supervisor Moorlack, will include whether to go merge with Department of Agriculture, Health Department, or leave as is; and outline employee benefits, pensions, budget impacts etc. Councilmember Nielsen announced that Swine Flu information is posted and available on our website. ADJOURNED - 8:35 P.M. -The next meeting of the City Council is scheduled for Tuesday, May 19, 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. ~,,~~--- DOUG DAVE Mayor M LA ST ER City Clerk City Council Meeting Minutes May 5, 2009 Page 10 of 10