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Home My WebLink AboutCC MINUTES 2009 06 16MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 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 RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENED - At 6:59 p.m. City Council reconvened in public session with same members present. REGULAR CITY COUNCIL MEETING CALL TO ORDER MEETING #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 Elementa 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 EI_tGIBILITY SUBMITTAL PACKAGE, FlSCA~ 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 of Tustin's Measure M GMP and County Transportation Authority. Works/City Engineer to submit the City CMP eligibility packages to the Orange 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 Minutes Page 6 of 10 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 g4-eater future impacts expected; • Noted that 1iVall 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 Minutes Page 9 of 10 • 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 "'--h Krom PAMELA STO , City Clerk City Council Meeting June 16, 2009 Minutes Page 10 of 10