HomeMy WebLinkAbout08 CC Action Agendas 5/5, 5/19, 6/2ITEM #8
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Planning Commis~ien
DATE: JUNE 9, 2009
SUBJECT: CITY COUNCIL ACTION AGENDAS
MAY 5, MAY 19, AND JUNE 2, 2009
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACFIMENTS: CITY COUNCIL ACTION AGENDAS
MAY 5, MAY 19, AND JUNE 2, 2009
ACTION AGENDA
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. Cade 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
Action Agenda 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
Action Agenda Page 2 of i0
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
Action Agenda 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
Action Agenda 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 we11s.
• Replacement well to increase capacity.
• More reliable than imparted 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.
PROJECT DESIGN
City Council Meeting May 5, 2009
Action Agenda Page 5 of 10
• 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.
Councilmember Gavello noted that we have a lot of water needs and questioned
City Council Meeting May 5, 2009
Action Agenda Page 6 of 10
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 16t'' at 3:30 p.m. for Fiscal Year 2009/10
Budget Workshops.
11. LEGISLATIVE REPORTS
City Council Meeting May 5, 2009
Action Agenda Page 7 of 10
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to support SB295 and SB375 and send letter to Senator Dunn 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%; 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 Califomia 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
AB32 and SB375 -proposed rule to reduce emissions of ultra fine particulate matter,
volatile organic compounds in nitrous oxide. Three competing proposals:
0 15~, 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
pa~ in-lieu fees;
0 2" , 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 3`d, 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
Action Agenda 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 can-ent $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 7tt' will be Chili Cook Off; and Tustin Chamber of Commerce
to sponsor the State of the City Luncheon on June Stn;
• Thank you to Pat & Oscars or support of our community; held successful fundraiser for
City Council Meeting May 5, 2009
Action Agenda Page 9 of 10
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.
--
City Council Meeting May 5, 2009
Action Agenda Page 10 of 10
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
MAY 5, 2009
CALLED TO ORDER MEETING #742 AT 8:35 P.M.
ATTENDANCE
Present: Chair Doug Davert; Chair Pro Tem Jerry Amante; Agency
Members Deborah Gavello, John Nielsen, and Jim Palmer
Absent: None
Recording Secretary: Pamela Stoker
Others Present: William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEM - It was moved by Chair Pro Tem Amante, seconded by
Agency Member Palmer, to approve Agenda Item 1 as recommended by staff. Motion
carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF APRIL 21, 2009
Motion: Approve the Redevelopment Agency Minutes of April 21, 2009.
ADJOURNED - 8:36 p.m. -The next regular meeting is scheduled for Tuesday, May
19, 2009 at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin, California
Community Redevelopment Agency Meeting May 5, 2009
Action Agenda Page 1 of 1
ACTION AGENDA
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
City Council Meeting May 19, 2009
Action Agenda Page 1 of 10
CALL TO ORDER MEETING #2211 AT 7:01 P.M.
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
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.
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.
City Council Meeting May 19, 2009
Action Agenda Page 2 of 10
Mayor Davert noted that staff evaluated all items and prioritized as appropriate.
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 by Mayor Amante.
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
City Council Meeting May 19, 2009
Action Agenda Page 3 of 10
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.
Councilmember Gavello 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
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 %.
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
City Council Meeting May 19, 2009
Action Agenda Page 4 of 10
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
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.
City Council Meeting May 19, 2009
Action Agenda Page 5 of 10
Motion:
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
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
City Council Meeting May 19, 2009
Action Agenda Page 6 of 10
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.
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
City Council Meeting May 19, 2009
Action Agenda Page 7 of 10
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.
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
City Council Meeting May 19, 2009
Action Agenda Page 8 of 10
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
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
City Council Meeting May 19, 2009
Action Agenda Page 9 of 10
and luncheon; and June 7t" Street Fair and Chili Cook-off;
• Tustin Library opening soon with plaza replacing existing library structure; and
• Next meeting, June 2~d will hold a Budget Workshop at 2:30 p.m.
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.
City Council Meeting May 19, 2009
Action Agenda Page 10 of 10
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
MAY 19, 2009
CALLED TO ORDER MEETING #743 AT 8:19 P.M.
ATTENDANCE
Present: Chair Doug Davert; Chair Pro Tem Jerry Amante; Agency
Members Deborah Gavello and John Nielsen
Absent: Agency Member Jim Palmer
Recording Secretary: Pamela Stoker
Others Present: William A. Huston, Executive Director and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
REGULAR BUSINESS ITEMS
1. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 5, 2009
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to approve the Redevelopment Agency Minutes of May 5, 2009. Motion
carried 4-0 (Palmer Absent).
2. 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: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Gavello to include $15,000 in the FY 2009-2010 RDA Budget to cover
administrative costs associated with the City's participation in the MCC program.
Given income limits for the MCC Program which are higher than permitted under
California Redevelopment Law for use of Housing Set Aside Funds, costs would
need to be allocated to the Agency's 80% tax increment accounts as follows:
$5,000 to 52-600-6990; $5,000 to 55-600-6990, and; $5,000 to 58-600-6990.
Motion carried 4-0 (Palmer Absent).
Community Redevelopment Agency Meeting May 19, 2009
Action Agenda Page 1 of 2
ADJOURNED - 8:25 P.M. -Next regular meeting is scheduled for Tuesday, June 2,
2009 at 7:00 p.m. in the Council Chamber, 300 Centennial Way,
Tustin, California
Community Redevelopment Agency Meeting May 19, 2009
Action Agenda Page 2 of 2
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JUNE 2, 2009
CALLED TO ORDER MEETING #2213 AT 5:31 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 City Clerk
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 [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
CALL TO ORDER -MEETING #2213 - 7:00 P.M.
INVOCATION -Cantor Hazzan Marcia Tilchin of Congregation B'nai Israel
PLEDGE OF ALLEGIANCE - Councilmember Palmer
ROLL CALL
City Council Meeting June 2, 2009
Action Agenda Page 1 of 8
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 City Clerk
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 the following Tustin Pride
essay/poster contest winners:
"What can I do to Be a Hero in my City?"
Jaya Lakshmi Athuluru
Mahi Shiroor
Christy Kelly
Noa Prados
Nicole Bunkers
Kenny Bridgman
Nicole Brister
Michael Bridgman
Jessica Covarrubias
Amanda Ortscheid
Sanjana Gupta
PUBLIC HEARING ITEMS
Tustin Memorial Academy Grade K Poster
Ladera Elementary Grade 1 Essay
Tustin Ranch Elementary Grade 3 Essay
The Whitworth School Grade 4 Essay
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: 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.
Staff report presentation by Public Works Director Tim Serlet
Public hearing opened at 7:28 p.m. Toby Moore spoke in favor of the proposed
ordinance, suggested that section 2a be modified; Carl Seckel representing
MWD of Orange County. Ordinance template drafted by MWD, each city utilize
flexibility w/language; offered to host a workshop or presentation. Hearing
City Council Meeting June 2, 2009
Action Agenda Page 2 of 8
closed at 7:34 p.m. with no other public comments received.
Mayor Pro Amante, will not support ordinance,
Councilmember Nielsen, inclined to approve incentive based legislation,
Councilmember Gavello, can ordinance be changed based on comments?
Councilmember Nielsen, meet deadline
Councilmember Palmer, does not support punitive ordinance,
Mayor Davert, Tustin residents conserving water; have local water recycling;
staff to draft less restrictive and less punitive ordinance;
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to reject Ordinance 1365 and direct staff to meet with MWDOC
representatives to draft incentive based ordinance. Motion carried 5-0.
2. PUBLIC HEARING: REVISIONS TO HOUSING ELEMENT OF THE GENERAL
PLAN (GPA 09-001)
Motion: It was moved by Councilmember Palmer, seconded by Mayor Pro Tem
Amante to continue the public hearing to the June 16, 2009 City Council meeting;
include history of revisions and comments. Motion carried 5-0.
3. PUBLIC HEARING: CONSIDER APPROVAL OF THE SOLID WASTE RATES
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to continue the public hearing to the July 7, 2009 City Council meeting.
Motion carried 5-0.
ORAL COMMUNICATION /PUBLIC INPUT
• Maria Lazaruk and Erin Nielsen of the Tustin Community Foundation announced
recipients of Community Grants; over past two years, given in excess of $250,000;
• Russ Madding, complained about parking restrictions for boats, trailers, RV's on
Arbolada Way;
• Steve Bernal, Arbolada neighbor, also received notice re: Ordinance;
• Terry Bernal, no notice of adoption of Ordinance;
• Christopher & Jennifer George, have boat in driveway; being asked to remove vehicles
by City.
CONSENT CALENDAR ITEMS -Item #8 pulled by Councilmember Gavello for separate
action; Item #7 changed dates from July 21 to August 4th for Public Hearing on solid
waste. It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer to
approve Consent Calendar items as recommended by staff. Motion carried 5-0.
City Council Meeting June 2, 2009
Action Agenda Page 3 of 8
4. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 19, 2009
Motion: Approve the Minutes of the Regular City Council Meeting held on May
19, 2009.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: 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. SET A PUBLIC HEARING FOR AUGUST 4, 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.
Motion: Set a public hearing for August 4, 2009 and approve the mailing of the
City Council Meeting June 2, 2009
Action Agenda Page 4 of 8
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)
Councilmember Gavello asked Public Works Director why fund such project
being funded now. Director Serlet indicated that capital project needed because
of increased train service, Edinger/Red Hill crossing inadequate; Measure M
funds are time sensitive; funds to look at two additional alternatives;
Mayor Pro Tem Amante, addressed competitive funds process; project will bring
relief to other arterials and improve quality of life;
Councilmember Nielsen, project long awaited and needed.
Motion: - It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Gavello to 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. Motion carried 5-0.
9. AUTHORIZATION TO REPLACE ONE POLICE MOTORCYCLE
Authorize the purchase of one (1) Harley-Davidson motorcycle to replace a
motorcycle severely damaged in a traffic collision on December 18, 2008.
Motion: Purchase one (1) Harley-Davidson Police motorcycle from Laidlaw
Harley Davidson.
REGULAR BUSINESS ITEMS
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.
City Council Meeting June 2, 2009
Action Agenda Page 5 of 8
Motion: It was moved by Councilmember Gavello, seconded by Councilmember
Nielsen to have second reading by title only and adoption of Ordinance No. 1364
(roll call vote). Motion carried 5-0.
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
12
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.
Motion: It was moved by Councilmember Nielsen, seconded by Mayor Davert to
approve the Orange County Waste Disposal Agreement and authorize the Mayor
to execute the agreement. Motion carried 5-0.
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 stopped being 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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to send a letter of support for Assembly Bill 715 to the author and local
legislators. Motion carried 5-0.
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.
Councilmember Nielsen added SB518 which is an offshoot of A632 pre-curser to
lower green house emissions; reduce on-street parking so people will be forced
to find alternative transportation; Motion by Councilmember Nielsen, seconded
City Council Meeting June 2, 2009
Action Agenda Page 6 of 8
by Mayor Pro Tem Amante to send letter of opposition. Motion carried 4-0-1 with
Gavello abstaining.
Mayor Pro Tem Amante, MWDOC, AB1881, legislation on landscaping/new
construction and develop model ordinance for others to adopt; consensus
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
• Met with Martin Diedrich about help from city in opening Keene's Coffee House;
• I-5's self storage Grand Opening;
• Tustin Area Fine Arts scholarship award ceremony;
• Little League east vs. west event;
• Tustin Public Schools Foundation event for Teacher of the Year awards;
• Asian & Pacific Islander's Heritage and Emerging Leader's Award ceremony.
Councilmember Nielsen:
• OCCOG report discussed city/member dues;
• Met with Assemblyman Jeff Miller, discussed green house legislation, and other Tustin
issues;
• Attended Tustin Community Foundation grant awards ceremony;
• Attended Teacher of the Year award ceremony;
• Chamber of Commerce I-5 Self Storage grand opening and ribbon cutting;
• Man and Woman of the Year Dinner.
Councilmember Palmer:
• Congratulated Tustin Community Foundation on success;
• At Orange County Housing Authority Meeting, studied trends analyzed, leverage
stimulus money;
• Met with Assemblymember Miller at Rescue Mission;
• AB 1881, seems to be rush to green. Talked with someone who has private
foundation monies used to feed children is losing funds due to emphasis on green.
Mayor Pro Tem Amante:
• Rush to green America, regulations are driving jobs out of California;
• LAO reviewed proposals, determined budget shortfall is larger; recommend
suspension of Prop 42 (gas tax funds), then eliminate from 10/11 going forward; will
impact Cities for generations to come;
• Read from letter from State Controller Chung to Governor Schwarzenegger -
important to contact constituents about structural problems with state deficit;
• Congratulated Mayor, re-elected chair of O.C. Sanitation District;
• Congratulated Chief for mustache charity fundraising event ;
• Sunday is Chili-Cook Off, invited all to attend.
Mayor Davert:
City Council Meeting June 2, 2009
Action Agenda Page 7 of 8
• OCFA recently discussed reserve firefighters, voted to keep program; accountability
standards need to be addressed;
• Budget presentation earlier today. It will come to council for consideration at next
meeting;
• Teacher of the Year award ceremony, congratulated all;
• Joined Assemblymember Miller on tour of base/library;
• General comment on environment; government over-regulates; sanitation district using
bio-solids as coal substitute provides energy for Mitsubishi Concrete Plant;
• Friday is State of the City luncheon.
ADJOURNED - 8:50 p.m. -The next meeting of the City Council is scheduled for
Tuesday, June 16, 2009 at 5:30 p.m. for 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 June 2, 2009
Action Agenda Page 8 of 8
ACTION AGENDA
OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JUNE 2, 2009
CALLED TO ORDER MEETING #2212 AT 2:34 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: Pamela Stocker
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT- None.
BUDGET WORKSHOP -Fiscal Year 2009/2010 Budget Presentation
Staff presentation:
FY 2009-10 Program and Financial Plan
Beyond Fiscal Year 2009-10
• If State "borrows" $1.5 million, will it be paid back?
• When will the recession end and at what rate will recovery occur?
• The loss of General Fund revenue in 2008-09 and 2009-10 (and beyond) will not be
recovered.
• What effect will property reassessments have on property tax revenue?
• PERS rates.
• If revenue does not recover, further reductions in expenses will be unavoidable.
• Will there be a major restructuring of State government? If so, how will local
government be affected?
Fiscal Year 2009-10 General Fund
• Proposed expenditures are 6.8% less than the authorized 2008-09 budget and
0.55% more than the projected amount.
• Proposed 2009-10 expenditures are less than the 2006-07 actual amount.
• Proposed revenue is 8.5% less than the 2008-09 budgeted amount and 1.2% more
than the projected amount.
• Projected 2009-10 revenue includes a $2 million transfer from the Capital Projects
Fund.
• Projected 2009-10 property tax revenue is 0.8% less than the 2008-09 projected
amount.
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Action Agenda Page 1 of 13
• Affordable housing reimbursement payment from the Tustin Redevelopment Agency
has been increased by $929,100 in 2009-10. This reflects a 15 year in lieu of 20 year
debt service payment schedule.
• Proposed 2009-10 sales tax is 19.4% less than the 2008-09 budgeted amount and
8.8% less than the projected amount.
Fiscal Year 2009-10
08-09
Authorized 09-10
Proposed Dollar
Change % Change
Total Budget $195,787,500 $158,062,132 ($37,725,368) -19%
Total General Fund
Budget $52,983,200 $49,385,200
($3,598,000)
-7%
• City Council $170,900 $144,800 ($26,100) -15%
• City Clerk $512,300 $356,400 ($155,900) -30%
• City Attorney $505,500 $525,000 $19,500 4%
• City Manager $878,500 $699,100 ($179,400) -20%
• Finance $921,200 $1,039,100 $117,900 13%
• Human Resources $732,400 $728,600 ($3,800) -1
• Information
Technology $1,263,400 $1,296,900 $33,500 3%
• Community
Development $4,000,400 $3,059,800
($940,600)
-24%
• Public Works $10,870,000 $9,551,500 ($1,318,500) -12%
• Police $23,992,600 $22,778,300 ($1,214,300) -5%
• Fire $5,202,200 $5,409,000 $206,800 4%
• Parks & Recreation $2,985,600 $2,939,200 ($46,400) -2%
• Non-Departmental $948,200 $857,500 ($90,700) -10%
Fiscal Year 2009-10 General Fund
• Proposed expenditures are 6.8% less than the authorized 2008-09 budget and
0.55% more than the projected amount.
• Proposed 2009-10 expenditures are less than the 2006-07 actual amount.
• Proposed revenue is 8.5% less than the 2008-09 budgeted amount and 1.2% more
than the projected amount.
• Projected 2009-10 revenue includes a $2 million transfer from the Capital Projects
Fund.
• Projected 2009-10 property tax revenue is 0.8% less than the 2008-09 projected
Special City Council Meeting June 2, 2009
Action Agenda Page 2 of 13
amount.
• Affordable housing reimbursement payment from the Tustin Redevelopment Agency
has been increased by $929,100 in 2009-10. This reflects a 15 year in lieu of 20 year
debt service payment schedule.
• Proposed 2009-10 sales tax is 19.4% less than the 2008-09 budgeted amount and
8.8% less than the projected amount.
• Projected 2009-10 sales tax is less than the 2000-01 actual amount and less than the
previous seven fiscal years.
• Cumulative loss of sales tax revenue for 2008-09 and 2009-10 could reach $6.9
million. This amount is based on the assumption that the 2008-09 budgeted amount
would have been achieved.
• The projected reserve (6/30/10 estimated balance) is 23.9%.
• If State enacts a revenue shift (per Prop. 1A), $1.5 million of 2009-10 property tax
revenue will be lost. This would amount to 3.1 % of General Fund revenue and
12.7% of the General Fund reserve. The projected reserve would decrease to
20.8%.
• How is the 23.9% projected reserve achieved?
Across the board reduction in expenses (6.8%).
Deferral of Equipment Replacement Fund charges for an additional year.
2.0 million dollar reversal of prior year transfer to the Capital Projects Fund.
Use of $650,000 in Park Development Fund balances (from prior General
Fund transfer) to increase Liability Fund balance.
Fiscal Year 2009-10 Inter Fund Transfers
• Proposed $2.0 million reversal of prior transfer of General Fund monies to Capital
Projects Fund.
• Proposed 2009-10 General Fund budget does not include $762,000 in Equipment
Replacement Fund charges. This amount should be reinstated in fiscal year 2010-11.
• Proposed reversal of $650,000 of prior transfer of General Fund monies to Park
Development Fund. Funds will be redirected to the Liability Fund.
• Proposed transfer of $750,000 from the 95-1 Construction Fund (Tustin Ranch
assessment district) to the Tustin Ranch Landscape and Lighting District. Transfer is
contingent on further City Council action regarding closeout of the 95-1 Construction
Fund.
State Impacts on General Fund
• Educational Revenue Augmentation Fund (ERAF)-diverts property tax revenue to
education. Since 1992-93 loss totals $22,400,000 (projected through fiscal year
2008-09)
• Proposition 57-Known as the "triple flip." Provides a revenue stream State needs to
secure recovery bonds by:
Reduced City share of sales tax from 1.0% to .75%
Lost sales tax is replaced by property taxes (i.e., ERAF)
Schools are made whole by State general funds
• VLF replacement is enacted pursuant to Proposition 1 A. Property tax revenue
(ERAF) is used to replace lost VLF.
• Cities agree to lose VLF revenue in 2004-05 and 2005-06. Tustin's share was $1
million each year.
• In FY 2008-09 the State attempted to divert redevelopment funds. Impact on Tustin
Special City Council Meeting June 2, 2009
Action Agenda Page 3 of 13
would have been $1.3 million.
Reviewed Total Revenues, Total Expenses, Utility Expenses, use of Funds, General Fund
Revenue, and General Fund Expenses
Property Tax Distribution
• FY 2009-10 Public Safety Cost versus Tax Revenues
• Total Public Safety Costs = $28,187,300
• Use of Reserves
• FY 2009-10 Capital Improvement Projects
• 2009/10 - 2015/16 Seven Year CIP
Department Presentations
City Clerk
• FY 2009-10 Budget Overview
• Coordinate annual revisions to the Comprehensive Schedule of Fees
• Review records stored at the corporate yard and destroy obsolete records
• Review the City's Records Management program and determine if records retention
schedules and maintenance guidelines are appropriate; examine alternative storage
solutions for departmental records
• Prepare Request for Proposal for legal review and re-codification of Tustin City Code
with re-codification in FY 2010-11
• Defer legal review of City Code
• Administrative Secretary position to remain vacant
• FY 2009-10 budget = $356,400
Reduced by $155,900 from previous fiscal year
• Reductions and changes to expenditures:
Legal Review of the Tustin City Code deferred
Vacant Administrative Secretary position
Finance and Information Technology
• Finance and Information Technology FY 2009/10 Budget Overview
• To meet additional requirements due to new accounting and auditing standards the
department is:
Adding an Accounting Supervisor position
Completing an Internal Controls risk assessment
• Information Technology will continue to support and maintain existing projects and
core needs. No new projects have been added.
Human Resources Department
• FY 2009-10 Budget Overview
• Key areas include the following:
Recruitment & Selection
Classification & Compensation
Employee/Labor Relations
Benefit Program Administration
Training & Employee Development
Special City Council Meeting June 2, 2009
Action Agenda Page 4 of 13
Safety Programs &Workers' Compensation
General Liability & Risk Management
Policies & Procedures
Oversee budgeting in:
Human Resources
Worker's Compensation
Liability
Unemployment
Significant Reductions include:
Training
Recruiting Expenses
Employee Recognition
Elimination of Management Wellness Benefit
Elimination of Employee Benefit Website
Community Development
• FY 2009-10 Budget Overview
• Community Development budget reduction: including 4 vacant positions -represents
a $940.600 cost reduction from FY 2008/09.
• When building "boomed" at Tustin Legacy, 10 contract building inspectors and
contract plan-check firms were hired and then reduced as construction activity
subsided.
• Reduction in planning, building inspection and code enforcement staff this year
means:
Planning:
Planners performing code enforcement
Planners handling more projects per person
Planners assigned more public counter duty
Building:
Building Inspectors performing over 200 Code enforcement Water Quality
Inspections
Building Inspectors and plan check staff handling more projects per person
Reduced timeliness of plan check and inspection turnaround.
Code Enforcement:
Code Enforcement staff reduced by 1/3 (2 officers for entire City)
New work - Admin Citation Program/Shopping Cart Ord./Parking Ordinance
New Foreclosed Property Maintenance Issues
Reduced Code Enforcement presence/Limited Citywide and Weekend
Availability
Increased Water Quality Inspections, Proactive Enforcement Delayed
In FY 2009-10 the following which would have required additional funding have been
postponed:
General Plan Update
Zoning Code Update
Subdivision Ordinance Update
Zoning Map Update
General Plan Land Use Map Update
Potential Annexation Projects
Old Town Office on First Floor Ordinance
Special City Council Meeting June 2, 2009
Action Agenda Page 5 of 13
1St Street Specific Plan Update
Old Town Commercial Design Guidelines
Old Town Sign Code
City Landscape Guidelines Update
Old Town Parking In-Lieu Fee Study
Historic Resources Survey Update
CLG Grant application
Private Development Construction Standards Update
Grading Manual Update
• Consider review of cost recovery for graffiti (on private property), business license
processing and building permits.
• Development activities have begun to rebound
• 46% increase in building permits for all types issued since Jan. to mid May 2009
• 45 planning applications (CUP, Zone Change, etc.) received Jan. to mid May 2009
• Ongoing Tustin Rail Station Garage, Tustin Legacy, Pacific Center East, Town
Center New Beginning projects
Public Works
• Budget Overview FY 2009-10
• Operating Budget $17,493,400 ; 75 Authorized Positions
Program Positions Butlget
Administration 5 $962,300
Engineering 14 $2,824,900
Emergency Services 1 $78,300
FS -Streets 7.5 $852,600
FS -Landscape 16.5. $2,663,800
FS -Vehicles 6.5 $982,800
FS -Buildings 3 $1,186,800
Water -Operations 17.58 $2,717,500
Water -Main Street Facility 1.35 $585,200
Water - 17tt' St Desalter 1.22 $1,486,200
Water -Production 1.35 $4,846,900
Lighting District 0 $524,500
Landscape and Lighting District 0 $781,600
Major Maintenance Responsibilities
• Current Value = $209,000,000
106 centerline miles of roadway
125 traffic signals
Special City Council Meeting June 2, 2009
Action Agenda Page 6 of 13
1,000 storm drain catch basins
43 miles of storm drain
15 parks consisting of 97 acres
112 acres of medians, parkways & public row
7 buildings consisting of 202,216 sq. ft.
392 pieces of equipment incl. 166 pieces of rolling stock
15,300 street trees
13 water wells
6 reservoirs
4 booster stations
170 miles of water line
• FY 2009-10 Operating Budget Constraints
• Water Quality -Proposed Budget $600,000
NPDES PERMIT
TMDL Studies
• Electricity -Proposed Budget $1,697,320
SCE Increases Average 15% for Buildings, Water and Street Lighting
• Fuel -Proposed Budget $265,000
FY 08/09 Budget projection is $325,0000
• Groundwater Production -Proposed Budget $ 2,940,940
11,810 ac/ft @ $249 ac/ft Replenishment Assessment
• Purchased Water- Proposed Budget $1,157,102
2,270 ac/ft Costs increases in Jan 2010 from $602.50 ac/ft to $729.03 ac/ft
• Eng/Architectural Services -Proposed Budget $115,000
FY 08/09 Adjusted Mid Year Budget was $220,000
Required in FY 09/10 5 yr Speed Zone Study ($45k); Annual Traffic Counts
($20k)
• Street & Alley Repairs -Proposed Budget $60,000
FY 08/09 Budget was $100,000
For potholes and miscellaneous pavement repairs
• Citrus Park -Proposed Budget $ 49,950
December-January Opening
Budget is for new costs for utilities and materials
No additional personnel and equipment
• Street Sweeping Program -Proposed Budget $0
Enforcement Personnel and Equipment Estimated at $175,000
FY 2009-10 Ca ital Im rovement Pro ram
Project Category Total New Budget
Flood Control 1 - 136,881
Park Facilities 4 2 2,880,281
Public Facilities 5 3 7,652,124
Traffic Control 2 - 493,350
Transportation Fac. Maintenance 4 1 6,229,385
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Action Agenda Page 7 of 13
Transportation Fac. Capacity
Enhancement 4 - 1,948,296
Tustin Legacy 9 - 14,672,605
RAD 95-1 0 - -0-
Water Distribution 1 - 25,000
Water Storage 1 - 282,776
Water Production 1 - 124,070
Total 32 6 34,445,398
FY 2009-10 Capital Improvement Program
New Projects Fund Source Budget
Red Hill Parking Bay cdbg $200,000
Playground Renovations
(Magnolia, Laurel Glen) pd $296,000
Tustin Metrolink Parking Structure gma-7 $200,000
Go Local Phase II m-t $10,000
Tustin Ranch Irrigation System Upgrade Trmf* $1,500,00
0
San Juan Ave. Sidewalk cdbg $100,000
Total 2,306,000
* TRMF Tustin Ranch Maintenance Fund is surplus funds from the completion of RAD 95-1 (Fund 30)
FY 09-10 Top 10 Capital Projects
Project
Tustin Library Expansion Budget
$5,110,481
Jamboree Road Rehabilitation $2,975,717
Citrus Ranch Park $2,338,281
Tustin Ranch.Road Rehabilitation* $2,033,668
Tustin Ranch Irrigation System Upgrade** $1,500,000
Annual Major Maintenance $1,120,000
Tustin Legacy Park $1,095,983
Newport Extension Phase II $895,000
Major Building Maintenance $831,643
Special City Council Meeting June 2, 2009
Action Agenda Page 8 of 13
Legacy Fire Station $641,850
Total $18,522,623
Dependent upon the availability of State Prop 1 B and Prop 42 funds
** Surplus funds from RAD 95-1(Fund 30)
Police Department
• Police Department FY 2009-10 Budget Overview
• FY 2009/10 Proposed Police Budget is $22,778,300
91.4% labor
8.6% operating cost
46% of General Fund expenditures
Staffing
• 147 full time personnel
95 sworn positions
52 civilian positions
• 16 part time personnel
7 reserve police officers
3 part time civilian personnel
6 police cadets
• 20 police chaplains/volunteers
• 27 police explorers
• Police Department FY 2009-10 Budget Overview
Overall Budget Decrease $1,214,300
Total decrease in personnel costs: $796,000
Total decrease in operating costs: $418,300
Contributions to Personnel Costs Decrease:
3 full time positions frozen
2 part time positions frozen
Overtime reduced
Part time /temporary hours reduced
Over-hire budget eliminated
Contributions to Operating Costs Decrease:
Training reduced to essential /mandated only
Program support budgets streamlined w/ little impact to programs
Office maintenance and equipment costs reduced
Uniform costs reduced following FY 2008/09 new uniforms issuance
Police vehicles maintained in fleet longer
Operational goals for FY 2009-10
• Reduction of graffiti by 5%
• Reduction of Part 1 crimes by 5%
• Reduction of Part 2 crimes by 5%
• Reduction of injury traffic collisions by 5%
• Complete research, purchase, and installation of new Mobile Data Computers,
Mobile Audio Video Systems, and wireless download in all police department
vehicles.
• Monitor and ensure objectives are met for the 4"' year of the Police Department's
Special City Council Meeting June 2, 2009
Action Agenda Page 9 of 13
Strategic Plan (2006-2010):
Prepare a Wellness Program for the Department
Implement the automated/paperless report writing process
Continue the "self-assessment" phase of the CALEA Accreditation Process
Parks & Recreation Services
• FY 2009-10 Budget Overview
• Reduces the number of Community Services Commission meetings from 11 per
year to 10.
• Eliminates Commission participation in the California Park and Recreation Society
(CPRS) Training Conference in March 2010.
• Reduces the office supply inventory and limits purchases for administrative support.
• Minimizes full and part time staff training and networking opportunities
• Cancels NRPA (National Recreation and Parks Association) and other non-essential
memberships and subscriptions.
• Defers replacement of outdated technical equipment; printers, copy machines, fax
machines, etc.
• Reduces support supplies for various programs
• Defers placement of some sports programs and parks equipment
• Reduces deployment of part-time staff for large City events
• Requires reduction of some costs associated with special events (marketing, sound,
lighting, etc.)
• Continue with complete hours of operation at city facilities, with fewer assigned part-
time personnel on shift, which may affect immediate customer service interaction
and may limit pro-active activities with facility patrons.
• Implement a complete summer calendar of safe and wholesome youth day camp
programs at city facilities with a responsible staff to camper ratio (8:1); however the
camp will offer fewer off-site excursions or present discounted off-site excursions
which reduces admission and transportation costs.
• Coordinate and implement a free city-wide July Fourth Celebration, with a complete
20 minute patriotic fireworks display; reduce city sponsored patron giveaways and
reduce deployment of part-time event staff; possible decrease in musical band's
entertainment value. (local band)
• Present the annual Easter Egg Hunt at Tustin Sports Park; deploy fewer part-time
personnel to conduct games and activities during the event; less effective set-up and
clean-up of event equipment and supplies.
• Plan and present eight, free summer Concerts at Peppertree Park with a decrease
in contract sound production and only hire value based local bands. Possibly
present one summer concert as a school or local showcase of bands to reduce or
eliminate entertainment costs for one show.
Redevelopment Agency
• FY 2009-10 Budget Overview
• Created in 1976, there are three RDA Project Areas:
Town Center-360 Acres
South Central-398 Acres
MCAS Tustin-1508 acres
• Major Projects
Special City Council Meeting June 2, 2009
Action Agenda Page 10 of 13
• Complete the "Tustin Town Center New Beginning" Study
• Complete the Final Phase of the new Tustin Library
• Complete a new Commercial Rehabilitation Program
• Support marketing & promotion of Old Town Tustin
• Update 1st Time Homebuyer and Res. Rehabilitation Programs
• Negotiate development of a mixed use project on the former AAE site
• Coordinate property acquisition and final design for Newport Avenue Extension north
• Develop anew Commercial Rehabilitation Program
• Monitor Foreclosure Activity
• Negotiate extension of affordability restrictions on 3 Apt. projects
• Market LAMBRA Benefits to future eligible tenants
• Coordinate and Monitor Legacy activities
The District at Tustin Legacy & Army Reserve Issues
The Villages of Columbus
ATEP-SOCCCD site
County of Orange conveyance sites
TUSD school and conveyance issues
Tustin Legacy Infrastructure Improvements
• Update on-line and collateral marketing materials.
• New outreach efforts for business retention & expansion is
• Develop a monitoring program for all Agency agreements.
• Coordinate an analysis of assessed valuation in the Project Area and oppose any
significant appeals
Operational Budget
• Agency Operating Budget by Division appears to have increased but there are
some anomalies contributing to this:
MCAS Tustin Enterprise Fund expenditures ceased on May 13, 2009 (Navy
recoupment period).
Staff and Legacy redistributed to other RDA accounts
Agency is funding $4,030,167 in its Housing Set Aside Accounts to Reimburse
General Fund for provision of Affordable Housing.
Council discussion:
Councilmember Palmer -requested clarification on general fund expense which says
$49.3million and on the following page pie charts it says $6m for operating. What was
added? $49.3 includes all operating budgets. What is expense for Concerts in the Park
program, cost to be about $26,000; Tustin Youth Center income? under $10,000.
Number of vehicles the City owns and operates? About 120. Requested information be
presented to Council.
Councilmember Gavello -requested explanation on reserve amount and asked why we
are staying with 23.9% reserve number? Used as cash flow with goal to maintain 20%.
If you look at the chart, we go into July 1 with a 24.5% GF reserve, and then when you
talk about the reduction in revenue and cutting expenses, then adding adjustments, we
are projecting a reserve of 23.9%. Would you feel comfortable if it dropped to 20% and
departments added back some of the services they have cut? Probability very high that
the 23.9% going to drop down to 20.8% when the State enacts Prop A. We have made
no provision for expired labor agreements, potential of sales taxes dropping even further,
Special City Council Meeting June 2, 2009
Action Agenda Page 11 of 13
and looking into Fiscal Year 2010/11 we know we have higher costs. All employees
have really stepped up to balance cutting costs, maintaining services and being as
productive as possible. Total revenue of the Special Districts Fund $9,438,000 of the
revenue we received, is that all Tustin Ranch? No, it includes Assessment District 95-1,
TLLD, & Street Lighting District; On Sales and Use Tax, we are still anticipating a further
decrease? WH: We are projecting for FY 08/09 we will finish up with sales tax declining
about 15.2% through June 30, and projecting additional 4.9% decline next year. Why is
personnel costs in the CM Dept higher? Reallocated costs from General Fund to the
Redevelopment Agency, and water funds which is an in-house adjustment. Graffiti
Removal - is contract a set amount, because budget amount is less? The costs come
from three different funds, CDBG, RDA, GF between Public Works and Community
Development. We try to use CDBG and RDA funds first, restricted funds, and use
general funds last. The two funds have been sufficient to cover costs. If we experience
a shortfall next fiscal year, we would come back to Council and ask for additional funds.
The police department has an aggressive program on catching taggers and there is a
decline in graffiti. Where, in the budget is the Crossing Guard program? Are we looking
at allocating more for additional crossing guards? The District has assumed that the City
will pick up additional crossing guards. It is a poor assumption. We are consolidating
crossings to save money -the expense is over $500,000.
• Councilmember Nielsen -human resources eliminated employee benefits website, was
that with an outside firm? Yes. Old town parking study and design guidelines will be
done in-house. Do we have costs of staff time being spent on this? No. Do we expect
more federal stimulus money to affect Capital Improvement Budget? Expecting some
Energy Block Fund money about $677,000 with the application due on June 25"'.
• Mayor Pro Tem Amante -page 12 of budget public safety services, is $5.4 million
budget represented in the pie chart? page 13 transfer of special funds to general fund
of 6%, moving out of special into GF? page 14 water funds to affect capital funds based
on where we are now in terms of income? Measure M funds $1.49million, that number is
softening at OCTA, take a hard look at base assumptions; expects gas tax, prop 42, and
prop 1 a to be raided by State; page 17 sales tax concerned. with soft numbers, staff
needs to track sales tax; line item expenses considered, workers compensation huge
shift, what is causing it? Funded by department depending on classification, in January
was suspended for the remainder of the year, so difference between anticipated
expenditures and proposed budget is due to charge by department for all 12 months and
recent audit on costs adjusted the amounts. Would like to look at mid-year at: consider
street and alley repairs, street sweeping enforcement, TDML studies (advocate against),
transfer of 95-1 Bill regarding irrigation problems, need to have better soil/clay;
concerned with police cuts on training.
• Councilmember Nielsen - P&R (page 101) increase in support services; reductions in
personnel costs -sports program reflects costs of living expenses, same as senior
center; no overtime only merit increases; new park construction (Citrus Park) to be
completed in September and open in 2010;
• Councilmember Gavello -concerned with high telephone expense, council to consider
lowering cost; large capital expense to purchase new phone system. Would like council
to consider funding vacant code enforcement officer position; park fund reduced
concerned that funds will not be replaced to fix parks.
• Councilmember Palmer -dollar value of reserve funds is $11.8 million; would like
Council to consider at mid-year budget the leasing of the Tustin Youth Center to a non-
Special City Council Meeting June 2, 2009
Action Agenda Page 12 of 13
profit organization.
• Mayor Davert -budget reflects cuts that need to be made without affecting level of
service; balancing budget without any increases; no layoffs, no utility taxes; consider
funding Code Enforcement Officer position at mid-year budget; proposed that council
adopt budget at the June 16th meeting.
• Councilmember Gavello -add code enforcement now rather than wait for 6 months.
budget is fluid and if needed would return to Council before mid-year budget review.
Consensus from Council that the final budget will come back at the next Council Meeting on
6/16/09.
ADJOURNED - 5:15 p.m.
Special City Council Meeting June 2, 2009
Action Agenda Page 13 of 13