HomeMy WebLinkAboutCC MINUTES 2009 05 19MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
MAY19, 2009
CALLED TO ORDER MEETING #2211 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello and John Nielsen
Absent: Councilmember Jim Palmer
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)] - 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
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.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER MEETING #2211 AT 7:01 P.M.
City Council Meeting May 19, 2009
Minutes Page 1 of 10
INVOCATION -Senior Rabbi, Eli Spitz of Congregation B'nai Israel
PLEDGE OF ALLEGIANCE -Councilmember Nielsen
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and Councilmembers
Deborah Gavello and John Nielsen
Absent: Councilmember Jim Palmer
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report
PRESENTATION
• Certificates of Recognition presented by Mayor Davert to Margo Gant and Carole
Blanscet who were named "Volunteers of the Year" by the Tustin Library
PUBLIC HEARING ITEM
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.
Staff report presented by Administrative Services Manager Joe Meyers
Councilmember Gavello referred to page ES-22 of the Hazard Mitigation Plan,
requested staff reconsider priorities and move up `development of a Public
Communication Plan' to avoid having residents call 9-11 in case of emergency;
questioned whether emergency information would be disseminated through
Internet or radio frequency with street closures, evacuation plans, etc.
Administrative Services Manager Meyers indicated that communication plan would
be incorporated into Emergency Plan. ~..~
Mayor Davert noted that staff evaluated all items and prioritized as appropriate.
City Council Meeting May 19, 2009
Minutes Page 2 of 10
Councilmember Nielsen asked about dry season and wild land fires; thanked
Police Service Officer Marilyn Packer, Police Officer Khaya Breskin, and Volunteer
Sue Nott for presentation to area Scout leaders on emergency preparedness;
residents should refer to www.ready.gov for preparedness information; to be
linked to City's website.
Mayor Pro Tem Amante further explained prioritization of projects.
Public Hearing opened at 7:19 p.m. and closed with no comments from the public.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to adopt resolution. Motion carried 4-0 (Palmer absent).
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 -None
CONSENT CALENDAR ITEMS - Minutes to be approved as corrected. Pulled items 4
and 5 for separate action. It was moved by Mayor Pro Tem Amante, seconded by Mayor
Davert to approve balance of the Consent Calendar items as recommended by staff. Motion
carried 4-0 (Palmer absent).
2. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 5, 2009
Typographical errors corrected, included: Under Agenda Item #11 Senator Dunn
corrected to Senator Dutton; and under Council Comments under Mayor Pro Tem
Amante amount is $.25 instead of 25%.
Motion: Approve the Minutes of the Regular City Council Meeting held on May 5,
2009 as amended.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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 2009-2014
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
City Council Meeting May 19, 2009
Minutes Page 3 of 10
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.
Councilmember Gavello pulled the item for discussion to note that residents of
Tustin Ranch pay yearly for the upgraded landscape and the lighting on Tustin
Ranch Road; and also stated for the record that residents in the
Landscape/Lighting District would have a .1 % increase, which is based on CPI.
Motion: It was moved by Councilmember Gavello, seconded by Mayor Pro Tem
Amante to adopt resolution. Motion carried 4-0 (Palmer absent).
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 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
CONTRACT AMENDMENT FOR LANDSCAPE .MAINTENANCE SERVICES. FOR
THE LANDSCAPE ASSESSMENT DISTRICT- WITH SPECTRUMCARE
LANDSGAPE & IRRIGATION MANAGEMENT, ING.
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 %.
Councilmember Nielsen asked if performance criteria used to evaluate company;
number of resident complaints; and bidding process for landscape services.
Director Serlet indicated that City's Contract Administrator monitors company on
continuous basis; minimal complaints received; and contracts of this nature ,~ ~~
awarded for three years with three one-year extensions.
Mayor Davert noted that this company has been the best one City has contracted
City Council Meeting May 19, 2009
Minutes Page 4 of 10
with.
City Manager Huston commented that the landscaping is old, poor soil quality, and
irrigation inefficient; contractor not responsible to replace, but responsibility of the
District; issue will be further discussed at budget workshop.
Motion: It was moved by Mayor Davert, seconded by Mayor Pro Tem Amante to
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. Motion carried 4-0 (Palmer absent).
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.
Motion: 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.
Motion: Receive and file this report.
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.
Motion:
8.a. Authorize the City Manager to enter into a Cooperative Agreement with the
City Council Meeting May 19, 2009
Minutes Page 5 of 10
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
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.
Staff report presentation by Police Lieutenant Lewis
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to introduce and have first reading, by title only, of Ordinance No. 1364,
and set for second reading at the Council's next scheduled meeting. Motion
carried 4-0 (Palmer absent).
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
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.
City Council Meeting May 19, 2009
Minutes Page 6 of 10
Councilmember Gavello requested clarification on use of funds for projects
already underway, i.e. wallpaper; can funds be appropriated for other projects?
Director Binsack indicated that funds from the Senior Board will now be used for
other projects and okay to fund such a project.
Mayor Pro Tem Amante noted that Senior Center is great example of projects that
serve large population; great use of one-time monies and has a huge and
immediate impact.
Mayor Davert further noted that Councilmember Palmer, who is a representative
on the Senior Advisory Board expressed support for item.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Gavello to adopt resolution. Motion carried 4-0 (Palmer absent).
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
City Council Meeting May 19, 2009
Minutes Page 7 of 10
staff has developed four options, which are scheduled to be considered by their
Commission on June 10, 2009.
Councilmember Gavello asked about impact to City. Mayor Davert indicated that
decision important for future annexations. City Manager Huston stated that area
may potentially be annexed to the City, may impact services, and cost benefits
would need to be analyzed when annexation proceedings take place.
Councilmember Nielsen opined that Option D, controlled by school district
boundaries, is better choice.
Mayor Pro Tem Amante, prefers alternative D, provides largest cogent division of
influence; important that boundaries make sense and residents' preference.
Mayor Davert noted that because of economic climate cities more likely to take on
annexations; currently the lines are very arbitrary and do not even consider
topography; Orange Mayor Cavecche in support of sphere as it exists; supports
Option D with exception of Rockinghorse Ridge area.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to adopt resolution. Motion carried 4-0 (Palmer absent).
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 D
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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to adopt resolution. Motion carried 4-0 (Palmer absent).
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 ~ ~-
City Council Meeting May 19, 2009
Minutes Page 8 of 10
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
• Met with representatives of the Irvine Ranch Water District to discuss general water
needs;
Newport Bay Watershed Committee report -proposed putting in a used boom to save
money and will be supplied by the Irvine Ranch Water District. A boom collects trash
and prevents it from going back in the bay;; and
Toured new library and looks forward to grand opening.
Councilmember Nielsen:
SCAG report, attended two-day general assembly meeting, SB375 Greenhouse Gas
implementation. Presentation to Council in July; new officers elected -Jon Edney new
President; new rules also being reviewed at OCCOG on gas reduction & carbon dioxide
reductions;
Attended I-5 Storage Facility ribbon cutting/grand opening;
Attended Scoutorama event at Irvine Park.
Mayor Pro Tem Amante:
• Congratulated former Mayor Lou Bone for receiving Hiram Award from California Grand
Lodge for outstanding community service;
• Joint leadership meeting of OCTA, joint projects discussed; legislative matters of
mutual interest;
• Public outreach workshop on bus service reductions; 1/3 reduction in services;
• Citizen advisory meeting held today regarding handicapped access buses.
Mayor Davert:
• Sanitation district and OCFA reviewing budgets;
• OCFA Fire Chief interviews tomorrow;
• Forbes Magazine named Tustin #21 of Best Place to Live Well;
• Did KOCE television interview on water well and public outreach on water issues;
• Myford School students mailed letters in recognition of Earth Day and requested that
residents conserve water and recycle plastic bags;
• Spoke to 3rd graders at Loma Vista School about City's history;
• Attended OCFA promotion ceremony on May 14tH;
• Met with personnel from Fire Station #37 to discuss services to the City;
• Following announcements: Thursday TPFA Teacher of the Year event; Friday,
Assemblyman Jeff Miller will be at the Chamber of Commerce to receive a tour of
Tustin Legacy with Mayor and Mayor Pro Tem; Tustin Ranch Elementary School having
Memorial Day event; Man and Woman of the Year Dinner on May 29tH; June 20tH Police
Open House; June 24tH Concerts in the Park begin; June Stn State of the City Address
and luncheon; and June 7tH Street Fair and Chili Cook-off;
• Tustin Library opening soon with plaza replacing existing library structure; and
• Next meeting, June 2nd will hold a Budget Workshop at 2:30 p.m.
City Council Meeting May 19, 2009
Minutes Page 9 of 10
ADJOURNED - 8:18 P.M. -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 at 5:30 p.m. and Regular Business
Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin, California.
DOUG DA~/~RT,
Mayor II
~Cr
PAMELA STOKE
City Clerk
City Council Meeting
Minutes
May 19, 2009
Page 10 of 10