HomeMy WebLinkAbout02 CC MINUTES 2009 06 19 07-07-09Agenda Item 2
Reviewed:
MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director NIA
TUSTIN, CALIFORNIA
JUNE 16, 2009
CALLED TO ORDER MEETING #2214 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 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. INITIATION OF LITIGATION [Govt. Code § 54856.9(c)] - 2 Cases
C. PROPERTY NEGOTIATIONS [Govt. Code § 54956.8] -Terms and Conditions of
Purchase -One Case
Property: Property identified as the Pacific Center East/Former AAE
site as legally described in the RFP issued by the Agency,
a copy of which is on file with the City Clerk's office
Negotiators: City of Tustin - Christine Shingleton, Assistant City
Manager; and Opus West -Jeff Hill
REGULAR CITY COUNCIL MEETING
CALL TO ORDER MEETING #2214 AT 7:00 P.M.
City Council Meeting June 16, 2009
Minutes Page 1 of 10
INVOCATION - Councilmember Jim Palmer
PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante
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 -Nothing to report.
PRESENTATIONS
• Proclamation presented by Mayor Davert to Catherine Watters, 2008 Miss Tustin
• Certificates of Recognition presented by Mayor Davert to the following OC Marathon
Kids Run participants:
Tustin Ranch Elementary Mvford Elementar
Jonah Shadley Adam Broscow
Ethan Jones Milan Fehrenbach
Josef Rau Fynn Fehrenbach
Kathleen McNamara Ethan Kreller
Sarah Sedlezky Deran Chan
Mia Allred Varsha Kumar
Bryan Villegas Justin Lee
Ethan Edwards Jasmine Kazempoor
Rhys Alexander Kira Wendland
Briana Smith Michael Hanson
Triniti Rowe Atrin Ardjmand
Andrew Guijon Heaven Tolentino
Ruthie Andra Brooke Gubernick
Joshua Andra Vincent Zhang
Vivian Weisman Emily Baeza
Sophia Skinner Lexi Bague
Rebecca skinner Elizabeth Baeza
Kiley Hohenfeld Rashi Kumar
Emily Frazier Sacchin Kumar
Kent Yamamoto
Ludwig Ratthe
Maximilien Ratthe
Armanie Ratthe
Joshua Park
City Council Meeting June 16, 2009
Minutes Page 2 of 10
Michael Morales
Remato Espinol
Adrian Perez
Esteban Perez
Andrew Ariciaga
Clarice Ariciaga
Nick Meskel
Roman Niemiec
Tyler Payton
Genevieve Van Nieuwenhuysen
Gabriella Gomez
• Presentation by Tami Warren, Project Manager of Corridor Studies for the Orange
County Transportation Authority regarding the Central County Corridor Major
Investment Study, and Jeff Thompson provided update on Citizens Advisory
Committee
PUBLIC HEARING ITEMS
1. PUBLIC HEARING: CONSIDERATION OF THE LEVY OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
FOR FISCAL YEAR 2009-2010
The City Council will conduct a public hearing and, provided there is no majority
protest adopt Resolution No. 09-35 confirming the annual 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.
Subsequently, at their meeting of May 19, 2009, the City Council adopted the
following resolutions:
• Resolution No. 09-26 approved the Engineer's Report for Fiscal Year 2009-
2010; and
• Resolution No. 09-27 declared the City Council's intention to levy
assessments for Fiscal Year 2009-2010 and set a public hearing for June
16, 2009.
Staff report presentation by Public Works Director Tim Serlet
Public hearing opened at 7:38 p.m. and closed with no public comments
received. No verbal protests or objections made by property owners at the
hearing.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to adopt resolution.
City Council Meeting June 16, 2009
Minutes Page 3 of 10
RESOLUTION NO. 09-35 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF
ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE
AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH
AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT FOR FISCAL YEAR 2009-2010
Motion carried 5-0.
2. PUBLIC HEARING: REVISIONS TO HOUSING ELEMENT OF THE GENERAL
PLAN AMENDMENT (GPA 09-001)
The Housing Element sets forth the City's strategy to preserve and enhance the
community's character, expand housing opportunities for the City's various
economic segments, and provide policy guidance for local decision making
related to housing. The City is mandated by the State to revise its Housing
Element to include recent available data. On June 17, 2008, the City Council
adopted the Housing Element Update as required by State Law. Following the
adoption, the State Department of Housing and Community Development
recommended revisions to the adopted Housing Element to comply with State
Housing Element Law. Those revisions have been made and the City now
proposes to adopt revisions to the adopted Housing Element. On March 24,
2009, the Planning Commission considered this item and recommended that
the City Council approve the revisions to the Housing Element.
Staff report presentation by Community Development Director, Elizabeth
Binsack
Public hearing opened at 7:44 p.m. and closed with no public comments
received.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to adopt resolution.
RESOLUTION NO. 09-33 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN APPROVING GENERAL PLAN
AMENDMENT (GPA) 09-001, REVISING THE ADOPTED TUSTIN
HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW
Motion carried 4-0-1 (Gavello abstained)
RECESSED AT 7:49 P.M. AND RECONVENED AT 7:52 P.M. WITH ALL MEMBERS
PRESENT
ORAL COMMUNICATION /PUBLIC INPUT -None.
City Council Meeting June 16, 2009
Minutes Page 4 of 10
CONSENT CALENDAR ITEMS -Continue consideration of Item #6 at the request of staff.
Items #9 and 12 pulled for separate action. It was moved by Councilmember Palmer,
seconded by Councilmember Gavello to approve balance of the Consent Calendar items as
recommended by staff. Motion carried 5-0.
3. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF JUNE
2, 2009
Motion: Approve the Minutes of the Special and Regular City Council Meetings
held on June 2, 2009.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $1,584,204.26; $36,969.94;
$1,086,197.97; and $2,084,628.69; and Payroll in the amount of $756,682.14.
5. PLANNING ACTION AGENDA -JUNE 9, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
6. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES
FOR THE GENERAL FUND AREAS WITH SPECTRUMCARE LANDSCAPE &
IRRIGATION MANAGEMENT, INC.
Motion: At the request of staff, continue consideration of item.
7. AUTHORIZE CONTRACT AMENDMENT FOR ANNUAL CUSTODIAL
SERVICES WITH DIAMOND CONTRACT SERVICES, INC.
Authorize the third and final contract amendment with Diamond Contract
Services, Inc. to extend the existing agreement for custodial services an
additional one year term for Fiscal Year 2009/2010.
Motion: Approve the third and final amendment to the existing agreement with
Diamond Contract Services, Inc. for custodial services and authorize the Mayor
and City Clerk to execute the amendment on behalf of the City.
8. AWARD OF CONTRACT FOR THE HEATING, VENTILATING,
REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND
City Council Meeting June 16, 2009
Minutes Page 5 of 10
REPAIR PROGRAM FOR FISCAL YEAR 2009/2010
Award of a contract for the Heating, Ventilating, Refrigeration and Air
Conditioning (HVAC) Systems Maintenance and Repair Program for all City
Facilities. The contract will provide for all HVAC maintenance and repairs for FY
2009/2010, with an option for additional one-year extensions through June 30,
2014.
Motion: Award the Heating, Ventilating, Refrigeration and Air Conditioning
Systems Maintenance and Repair Contract, for Fiscal Year 2009/2010 to Barr
Engineering, Inc., in the amount of $15,854.00, and authorize the Mayor and the
City Clerk to execute the contract documents on behalf of the City.
9. ANNUAL MEASURE M ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR
2009-2010
In order to maintain Measure M eligibility, the City is required to annually submit
a compliance package to the Orange County Transportation Authority (OCTA).
Mayor Pro Tem Amante noted that fiscal impact of Measure M are assumptions
based on gas tax.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to:
9.a. Adopt resolution;
RESOLUTION NO. 09-34 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA CONCERNING THE STATUS
OF THE CIRCULATION ELEMENT FOR THE CITY OF TUSTIN
9.b. Adopt draft Measure M Growth Management Program Seven-Year
Capital Improvement Program (Fiscal Year 2009-2010 through Fiscal
Year 2015-2016); and
9.c. Authorize the Director of Public Works/City Engineer to submit the City
of Tustin's Measure M GMP and CMP eligibility packages to the Orange
County Transportation Authority.
Motion carried 5-0.
10. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE
The League's 2009 Annual Conference is scheduled for September 16-18. An
important part of the Annual Conference is the Annual Business Meeting,
scheduled for Friday, September 18. At this meeting, the League membership
City Council Meeting June 16, 2009
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considers and takes action on resolutions that establish League policy. In order
to vote at the Annual Business Meeting, the City Council must designate a
voting and alternate delegate.
Motion: Consistent with League bylaws, appoint Jerry Amante as Voting
Delegate and Doug Davert as Alternate for the League of California Cities'
Annual Business Meeting.
11. CANCELLATION OF AUGUST 18, 2009 CITY COUNCIL MEETING
The regularly scheduled City Council meeting of August 18, 2009 is being
recommended for cancellation since there will not be a quorum of the City
Council members.
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled Council meeting of August 18, 2009. The City Council hereby waives
notice of said meeting as required by Government Code Section §54954.
12: ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
(EECBG}
The Energy Efficiency and Conservation Block Grant (EECBG) Program is a new
program created in late 2007 and funded for the first time through the American
Recovery and Reinvestment Act (ARRA). The program provides funding for local
governments, states, territories and Indian tribes, to support projects that reduce
energy use, decrease fossil fuel emissions, and improve energy efficiency in all
sectors, including transportation.
Councilmember Gavello pulled item to request clarification of program from staff.
Motion: It was moved by Councilmember Gavello, seconded by Councilmember
Palmer to receive and file. Motion carried 5-0.
REGULAR BUSINESS ITEMS
13. APPROPRIATING FUNDS FOR VARIOUS CITY BUDGETS AND
APPROPRIATION LIMIT FOR THE FISCAL YEAR 2009/2010
The City Council is requested to approve the attached Resolution adopting the
budgets for the City and the Water Enterprise for Fiscal Year 2009/2010. Also,
Article XIII B of the State Constitution requires each City to adopt annually a
limit on appropriations for all governmental funds. The following Motion and
attached worksheets are based on the Proposed Budget as presented to the
City Council.
City Council Meeting June 16, 2009
Minutes Page 7 of 10
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to:
13.a. Approve Resolution No. 09-36 adopting the City budget and
appropriating from the anticipated revenues of the City for fiscal year
2009/2010 Governmental Funds of $90,009,798; Special Revenue
Funds, $31,853,760; and the Water Enterprise Funds, $13,657,646; and
the City's FY 2009/2010 Classification/Compensation Plan;
RESOLUTION NO. 09-36 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY
BUDGET AND APPROPRIATING FROM THE ANTICIPATED
REVENUES OF THE CITY FOR THE FISCAL YEAR 2009-2010
13.b. Select the change in the California per Capita Personal Income as the
price factor for adjusting the 2009/2010 appropriations limit; and
13.c. Adopt Resolution No. 09-37 setting the appropriation limit for Fiscal Year
2009/2010 at $63,937,481.
RESOLUTION NO. 09-37 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND
ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2009-
2010 IN ACCORDANCE WITH ARTICLE XIII B OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION
7910 OF THE GOVERNMENT CODE
Motion carried 4-1 (Gavello dissented).
14. LEGISLATIVE REPORTS
Mayor Pro Tem Amante discussed Gas Tax impacts on local government,
specifically City could lose $900,000 to $1.2 million. Authorized Mayor to
forward letter of opposition to Sacramento in opposition to gas tax takings.
Councilmember Palmer suggested City propose clean up language related to
Senate Bill 2 (SB2) -emergency shelter and transitional housing legislation,
legislation not well written for cities like Tustin that meet the minimum
requirements.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
• Library Advisory Committee -had quorum and approved $38 million budget;
• WACO -state spokesperson addressed the committee; provided update on Delta;
City Council Meeting June 16, 2009
Minutes Page 8 of 10
Newport Watershed agreement to come before council soon -City's participation is
10%; goals and objectives for committee to be set; discussed conservation rebate
program; and problems with Delta Ecosystem are illegal diversions with no
enforcement; Delta vision strategic planning is to build storage, restoration of the Delta;
and incentives of efficient use and re-use of water; permits for state water projects;
canal problems; water usage is 5% down from last year; Tustin is only City with salt
management plan; conservation in coastal areas;
• Foreclosure report developed by staff provides trends in housing; code enforcement to
follow-up on areas of concentrated activity;
• Chili Cook-Off great success; enjoyed judging chili and dunking Mayor; congratulated
Police Chief for selecting winning chili; and noted the wide age range attendees; and
• Expressed condolences to Irvine City Councilmember, Beth Krom on loss of her son.
Councilmember Nielsen:
• Attended TCA Corridor meeting as alternate; selected new Chair Peter Herzog and Vice
Chair Bill Campbell;
• Attended 25th Annual Chili Cook-Off; approximately 40,000 attended; enjoyed dunking
mayor and mayor pro tem; State of the City Address; Tustin High School Quad Ground
Breaking Ceremony;
• Invited all to attend the Police Department Open House on Saturday from 11 a.m. to 3
p.m.;
• Announced that Concerts in the Park start next Wednesday at 6 p.m.; former Mayor Lou
Bone moving to north San Diego County -thanked for service to the community and
mentoring; and
• Offered condolences to Irvine City Councilmember Beth Krom and her family in the loss
of her son.
Councilmember Palmer:
• Congratulated Mayor on State of the City; and
• Thanked City staff in effort to balance tight budget; budget reductions; threat of state
takeaways; and economic trends affecting budget.
Mayor Pro Tem Amante:
• Congratulated Mayor on State of the City and staff for presentation;
• Thanked staff for success of Chili Cook-Off;
• OCTA -Chairman Peter Buffa, met with Department of Transportation Assistant
Secretary, Joel Szabat, and discussed stimulus dollars and transportation priorities;
• Chaired OCTA, adopted $1.2 billion budget that is balanced, forced to reduce another
100,000 service hours, are $33 million negative with $8 million directly attributed to
economy, and $25 million in State take-aways therefore reduced service by 1/3 to
address deficit;
• Attended meeting in New York with OCTA board to discuss federal funding issues and
greater future impacts expected;
• Noted that Wall Street projections that State of California will be out of money on July
29th; has no worthy credit;
• Attended OCTA 20/20 Highway Committee reviewed grade crossing orientation for
LOSAN corridor, and noted that Red Hill Crossing is in top 5 of priority list;
City Council Meeting June 16, 2009
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• Editorial in OC Register over weekend discussed budget including gas tax takings;
• Congratulated American Legion for retiring flags on Flag Day;
• Thanked former Mayor Lou Bone and wife Carol Bone for service to the City;
• Congratulated Man and Woman of the Year - AI Enderle and Kim Bass;
• Commented on Mayor's Community Foundation fundraiser (dunked at Chili Cook-Off);
and
• Expressed condolences to Krom family.
Mayor Davert:
• City to post State of the City presentation on city website;
• Budget adopted tonight, provides for fiscal prudence and thanked all involved;
• Welcomed OCFA new Chief, Keith Richter, as of August 1St;
• Encouraged staff to return to Council if additional changed to budget are warranted;
• TUSD children out of school, wished all a happy and safe summer and asked residents
to be mindful of children on the streets;
• Attended dedication of company in Rialto, CA on behalf of OC Sanitation District that is
a solid waste facility intended to convert bio-solids to coal;
• Attended Metropolitan Water District Committee meeting; Delta issues; bypass canal to
work water system around environmental issues; did not support conservation
ordinance as proposed by Metropolitan Water District because punitive not incentive
based;
• Will meet with Attorney General, Jerry Brown for tour of groundwater replenishment
facility;
• Invited all to attend the July 4th Tustin Meadows parade and fireworks show at Tustin
High School;
• Attended Tustin Night at OC Flyers opening and threw out first pitch;
• Mayor Pro Tem Amante to attend LAFCO meeting to discuss sphere of influence and
how to divide unincorporated areas of the county, suggested North Tustin be divided
along Tustin school boundaries with exception of Rockinghorse Ridge community;
• Adjourn in memory of Noah Krom and offered condolences to family.
ADJOURNED - 8:43 P.M. -The next meeting of the City Council is scheduled for
Tuesday, July 7, 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.
Adjourn Meeting in Memory of
Noah Krom
City Council Meeting June 16, 2009
Minutes Page 10 of 10