The URL can be used to link to this page

Home My WebLink About00 CITY COUNCIL AGENDA 06-02-09CITY OF TUSTIN JUNE 2, 2009 SPECIAL & REGULAR MEETINGS OF THE COUNCIL CHAMBER CITY COUNCIL • 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem '' ~ William A. Huston, City Manager Deborah Gavello, Councilmember Douglas Holland, City Attorney John Nielsen, Councilmember Doug Davert, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer SPECIAL MEETING 2:30 P.M. ,~~ ~~ CALL TO ORDER -Meeting #2212 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Special Meeting Agenda. WORKSHOP -Fiscal Year 2009/2010 Budget ADJOURNMENT CLOSED SESSION MEETING 5:30 P.M. ~;~ ~~ CALL TO ORDER -Meeting #2213 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. 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. 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 [Govt. Code 54856.9(b)] - 2 Cases B. EXISTING LITIGATION [Govt. Code 54856.9(a)] -City of Tustin v. AAE Pacific Park Associates, LLC, et al., Case No. 030001932, Orange County Superior Court REGULAR CITY COUNCIL MEETING 7:00 P.M. ~~ ~~ CALL TO ORDER -Meeting #2213 INVOCATION -Cantor Hazzan Marcia Tilchin of Congregation B'nai Israel PLEDGE OF ALLEGIANCE - Councilmember Palmer ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATION • Certificates of Recognition presented by Mayor Davert to the following Tustin Pride essay/poster contest winners: "What can I do to Be a Hero in my City?" Jaya Lakshmi Athuluru Tustin Memorial Academy Grade K Poster Mahi Shiroor Ladera Elementary Grade 1 Essay Christy Kelly Tustin Ranch Elementary Grade 3 Essay Noa Prados The Whitworth School Grade 4 Essay City Council Meeting June 2, 2009 Agenda Page 2 of 7 Nicole Bunkers Kenny Bridgman Nicole Brister Michael Bridgman Jessica Covarrubias Amanda Ortscheid Sanjana Gupta Tustin Memorial Academy Grade 4 Poster The Whitworth School Grade 5 Essay Tustin Ranch Elementary Grade 5 Poster The Whitworth School Grade 6 Essay Currie Middle School Grade 7 Poster The Whitworth School Grade 7 Essay C.E. Utt Middle School Grade 8 Poster PUBLIC HEARING ITEMS 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 Items 1 through 3) 1. PUBLIC HEARING: ADOPTING PERMANENT WATER WASTE PROHIBITIONS AND ESCALATING WATER RESTRICTIONS OVER FOUR WATER SUPPLY SHORTAGE CONDITIONS (ORDINANCE NO. 1365) 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 Water Conservation Ordinance No. 1365. Recommendations: 1.a. Open and close public hearing; and 1.b. Introduce and have first reading, by title only, of Ordinance No. 1365, and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1365 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RESCINDING ORDINANCE 1063 AND ESTABLISHING CHAPTER 10 of ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO WATER CONSERVATION 2. PUBLIC HEARING: REVISIONS TO HOUSING ELEMENT OF THE GENERAL PLAN (GPA 09-001) Recommendations: Continue the public hearing to the June 16, 2009 City Council meeting. City Council Meeting June 2, 2009 Agenda Page 3 of 7 3. PUBLIC HEARING: CONSIDER APPROVAL OF THE SOLID WASTE RATES Recommendation: Continue the public hearing to the July 7, 2009 City Council meeting. 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 4 through 9) 4. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 19, 2009 Recommendation: Approve the Minutes of the Regular City Council Meeting held on May 19, 2009. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $358,625.32; $1,017,597.53; and Payroll in the amount of $694,246.17. 6. APPROVAL OF THE ANNUAL ANTICIPATED DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION LEVEL (AADPL) OF.TWELVE PERCENT (12%) FOR FEDERAL FISCAL YEARS 2008- 2009 AND 2009-2010 The City's Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) has been determined and identifies an Overall Annual Level of twelve percent (12%) for Federal Fiscal Years (FFY) 2008-2009 and 2009-2010. Additionally, the City's DBE program satisfies the new race conscious (RC) DBE requirements. The required public participation process has been completed and the submitted AADPL is ready for City Council approval. City Council Meeting June 2, 2009 Agenda Page 4 of 7 Recommendation: Adopt resolution. RESOLUTION NO. 09-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ANNUAL ANTICIPATED DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION LEVEL (AADPL) OF TWELVE PERCENT (12%) FOR FEDERAL FISCAL YEARS (FFY) 2008-2009 AND 2009-2010, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) 7. SETA PUBLIC HEARING FOR JULY 21, 2009 TO CONSIDER APPROVAL OF WATER RATES Over the last several months, staff has been working to develop a new water rate structure to meet ongoing operation, maintenance, and long- term capital facility improvements. These new rates would generate sufficient revenue for operations, maintenance, and needed system improvements to increase supply, system reliability, and redundancy. The new rate structure has been refined to include a dedicated capital facilities charge, additional usage tiers, conservation pricing (should mandatory reductions in imported water supply be required), and long- term financial stability. Recommendation: Set a public hearing for July 21, 2009 and approve the mailing of the Proposition 218 notice, which notifies the public of the said hearing to set rates for water. At that time, Council would be considering actual adoption of the rates. 8. AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT WITH MOFFATT AND NICHOL FOR ADDITIONAL PRELIMINARY ENGINEERING/PLANNING FOR THE RED HILL AVENUE GRADE SEPARATION AT OCTA/SCRRA RAILWAY/EDINGER AVENUE (CIP No. 7175) Recommendation: Approve Amendment No. 3 to the Consultant Services Agreement with Moffatt and Nichol to provide additional professional services for the Red Hill Avenue Grade Separation at OCTA/SCRRA Railway/Edinger Avenue (CIP No. 7175) and authorize the Mayor and City Clerk to execute the Amendment on behalf of the City. 9. AUTHORIZATION TO REPLACE ONE POLICE MOTORCYCLE Authorize the purchase of one (1) Harley-Davidson motorcycle to City Council Meeting June 2, 2009 Agenda Page 5 of 7 replace a motorcycle severely damaged in a traffic collision on December 18, 2008. Recommendation: Purchase one (1) Harley-Davidson Police motorcycle from Laidlaw Harley Davidson. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 10 thru 12) 10. ORDINANCE SECOND READING: ORDINANCE NO. 1364, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE SECTION 6310 OF ARTICLE 6 RELATING TO POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER IN PUBLIC Amend the Tustin City Code Section 6310 relating to possession of an open alcoholic beverage container in public. Recommendation: Have second reading by title only and adoption of Ordinance No. 1364 (roll call vote). 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 11. APPROVAL OF THE ORANGE COUNTY WASTE DISPOSAL AGREEMENT The current solid waste flow agreement with the County of Orange has guaranteed a landfill disposal fee of $22 a ton since 1997 in exchange for the City agreeing to exclusively utilize Orange County Landfills. The current agreement will expire on June 30, 2010. A new ten-year agreement has been negotiated with the County by cities and haulers, which would become effective on July 1, 2010. The new agreement sets the new disposal fee at $29.95 effective July 1, 2010 and provides for annual Consumer Price Index adjustments. City Council Meeting June 2, 2009 Agenda Page 6 of 7 Recommendation: Approve the Orange County Waste Disposal Agreement and authorize the Mayor to execute the agreement. 12. LEGISLATIVE REPORTS: SUPPORT ASSEMBLY BILL 715 (CABALLERO) The California City Clerk's Association of California has sponsored Assembly Bill 715 (Caballero) to eliminate the requirement to publish Ordinances in a newspaper. Government Code Section 36933 currently requires cities with adjudicated newspapers to publish all of their ordinances. The Tustin News was an adjudicated newspaper until October of 2001 when it merged with the Orange County Register and no longer published in the City. The City has since posted the ordinances in manner prescribed by law, but with passage of proposed Bill would allow the City to post all ordinances on the Internet thus providing better accessibility to the citizens of our community. 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: Send a letter of support for Assembly Bill 715 to the author and local legislators. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT- The next meeting of the City Council is scheduled for Tuesday, June 16, 2009 at 3:30 p.m. for a continued Budget Workshop, followed by the Closed Session Meeting at 5:30, and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting June 2, 2009 Agenda Page 7 of 7