HomeMy WebLinkAboutCC MINUTES 2009 06 02MINUTES 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 AT 7:00 P.M.
INVOCATION -Cantor Hazzan Marcia Tilchin of Congregation B'nai Israel
PLEDGE OF ALLEGIANCE - Councilmember Palmer
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello, John Nielsen, and Jim Palmer
Absent: None
City Council Meeting June 2, 2009
Minutes Page 1 of 8
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 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 Metropolitan Water District "MWD" of Orange County indicated
that the ordinance template was drafted by MWD, City's have flexibility with
language; offered to host a workshop or presentation if requested by Council.
Hearing closed at 7:34 p.m. with no other public comments received.
City Council Meeting June 2, 2009
Minutes Page 2 of 8
Mayor Davert, Mayor Pro Amante, and Councilmember Palmer indicated they
would not be supporting punitive ordinance; Councilmember Nielsen inclined
to approve incentive based legislation and asked if ordinance changed if City
would still meet MWD deadline and the answer was no; Councilmember
Gavello asked if ordinance could be changed based on comments; and Mayor
Davert opined that Tustin residents already conserving water, staff to draft
less restrictive and less punitive ordinance and bring back to Council for
consideration.
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 and Terry Bernal, of Arbolada Way, concurred with over-restrictive ordinance
and not receiving personal notice of such Ordinance approved by Council.
• Christopher & Jennifer George, protested request by City to remove boat from
driveway.
CONSENT CALENDAR ITEMS -Item #8 pulled by Councilmember Gavello for
separate action; and item #7 changed date from July 21 to August 4th regarding Public
Hearing on solid waste. It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Palmer to approve balance of Consent Calendar items as recommended
by staff. Motion carried 5-0.
City Council Meeting June 2, 2009
Minutes 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.
City Council Meeting June 2, 2009
Minutes Page 4 of 8
Motion: Set a public hearing for August 4, 2009 and approve the mailing of
the Proposition 218 notice, which notifies the public of the said hearing to set
rates for water. At that time, Council would be considering actual adoption of
the rates.
8. AMENDMENT NO. 3 TO CONSULTANT. SERVICES AGREEMENT WITH
MOFFATI` AND NICHOL FOR ADDITIONAL PRELIMINARY
ENGINEERINGJPLANNING 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
City Council Meeting June 2, 2009
Minutes Page 5 of 8
Amend the Tustin City Code Section 6310 relating to possession of an open
alcoholic beverage container in public.
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. 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.
12. LEGISLATIVE REPORTS: SUPPORT ASSEMBLY BILL 715 (CABALLERO)
The California City Clerk's Association of California has sponsored Assembly Bill
715 (Caballero) to eliminate the requirement to publish Ordinances in a
newspaper. Government Code Section 36933 currently requires cities with
adjudicated newspapers to publish all of their ordinances. The Tustin News was
an adjudicated newspaper until October of 2001 when it merged with the Orange
County Register and 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.
City Council Meeting June 2, 2009
Minutes Page 6 of 8
Councilmember Nielsen added SB518 which is an offshoot of AB32 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 by Mayor Pro Tem Amante to send letter of opposition. Motion
carried 4-0-1 with Gavello abstaining.
Mayor Pro Tem Amante, MWDOC, AB1881, is proposing a model ordinance
that applies to landscaping, and new construction for the County to adopt;
informed all that the League of Cities has decided to send a letter to MWDOC
inviting them to a workshop in which they will come up with their own model
ordinance and encouraged them to be part of the discussion just not the
complete controlling entity on the matter. No action was proposed to be taken;
the Council expressed consensus to have City staff participate with the
League of Cities in this development.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
• Met with Martin Diedrich of Keane's Coffee House; thanked staff for assistance in
opening business; and
• Attended 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; and the 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; Teacher of the
Year award ceremony; Chamber of Commerce's I-5 Self Storage grand opening and
ribbon cutting; and Man and Woman of the Year Dinner.
Councilmember Palmer:
• Congratulated Tustin Community Foundation on success;
• 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. Noted that foundations that feed children are
losing funds due to emphasis on green.
Mayor Pro Tem Amante:
• Commented that American is in a rush to green and regulations are driving jobs out
of California;
• LAO reviewed proposals, determined budget shortfall is larger; recommend
City Council Meeting June 2, 2009
Minutes Page 7 of 8
suspension of Prop 42 (gas tax funds), then eliminate from FY 2010/2011 going
forward; will impact Cities for generations to come;
• Read excerpt from letter by State Controller Chung to Governor Schwarzenegger -
important to contact constituents about structural problems with State deficit;
• Congratulated Mayor Davert on re-election as Chair of the OC Sanitation District;
• Congratulated Police Chief Jordan on mustache charity fundraising event ;
• Sunday is Chili-Cook Off, invited all to attend.
Mayor Davert:
• OCFA recently discussed reserve firefighters, voted to keep program; accountability
standards need to be addressed;
• Commented that City had Budget presentation earlier today; Council to consider
adoption at next regular meeting;
• Attended 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;
• Announced that Friday, June 5th would hold 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
DOUG DAVE
Mayor
AMELA STOKE
City Clerk
City Council Meeting
Minutes
June 2, 2009
Page 8 of 8