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Home My WebLink About01 CC MINUTES 2009 10 20 11-03-09Agenda Item 1 Reviewed: City Manager =~ MINUTES OF THE REGULAR MEETING Finance Director N/A OF THE CITY COUNCIL TUSTIN, CALIFORNIA OCTOBER 20, 2009 CALLED TO ORDER -MEETING #2222 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: Kristi Recchia, Interim 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)] -Two Cases RECESSED - At 5:31 p.m., City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENED - At 7:04 p.m., City Council reconvened in public session with same members present. REGULAR CITY COUNCIL MEETING CALLED TO ORDER -MEETING #2222 AT 7:05 P.M. INVOCATION - Councilmember Palmer City Council Meeting October 20, 2009 Minutes Page 1 of 9 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 Clerk: Kristi Recchia, Interim City Clerk Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland. No reportable action. PRESENTATIONS • Proclamation presented by Mayor Doug Davert to Toastmasters International in recognition of Toastmaster's Day • Presentation by Orange County Transportation Authority (OCTA) on Quiet Zones PUBLIC HEARING ITEM 1. CODE AMENDMENT (CA) 09-003 AND DESIGN REVIEW (DR) 09-004 On August 25, 2009, the City of Tustin Planning Commission held a public hearing to evaluate the application for Code Amendment 09-003, Design Review 09-004, and Conditional Use Permit 09-004 for the construction of an express carwash located at 3017 Edinger Avenue. Code Amendment 09-003 is a request to reduce the building setback along Edinger Avenue, from thirty (30) feet to fifteen (15) feet and Design Review 09-004 is for site design and building architecture review of the proposed carwash. Upon review of the application, the Planning Commission continued the item to the September 22, 2009, Planning Commission meeting. The applicant then withdrew the application for Conditional Use Permit 09-004, which was a request to allow for the sale of general alcoholic beverages (beer, wine, and distilled spirits). On September 22, 2009, the Planning Commission adopted Resolution No. 4126 recommending that the City Council adopt Ordinance No 1370 approving Code Amendment 09- 003 and approving Design Review 09-004. Elizabeth Binsack, Director of Community Development gave a brief presentation. She noted that the resolution numbers shown on the agenda and in the original staff report have been amended. Public Hearing opened at 7:23 p.m. Hearing closed at 7:24 p.m. City Council Meeting October 20, 2009 Minutes Page 2 of 9 Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Nielsen, to approve amended recommendations as follows: 1) Adopt Resolution No. 09-60 finding that the project is within the scope of the previously approved Negative Declarations for Jamboree Plaza; 2) Introduce and have first reading of Ordinance No. 1370 approving Code Amendment 09-003, to reduce the building setback along Edinger Avenue from thirty (30) feet to fifteen (15) feet within the Jamboree Plaza Planned Community District Regulations; and 3) Adopt Resolution No. 09-61 approving Design Review 09-004 to establish an express carwash located at 3017 Edinger Avenue. RESOLUTION NO. 09-60 - A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT CODE AMENDMENT 09-003 AND DESIGN REVIEW 09-004 ARE WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED NEGATIVE DECLARATIONS FOR JAMBOREE PLAZA ORDINANCE NO. 1370 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS (CODE AMENDMENT 09-003) TO REDUCE THE BUILDING SETBACK FROM EDINGER AVENUE FROM THIRTY (30) FEET TO FIFTEEN (15) FEET. RESOLUTION NO. 09-61 - A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT CODE AMENDMENT 09-003 AND DESIGN REVIEW 09-004 ARE WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED NEGATIVE DECLARATIONS FOR JAMBOREE PLAZA. Motion carried 5-0. ORAL COMMUNICATION /PUBLIC INPUT -None CONSENT CALENDAR ITEMS: Mayor Davert asked to pull Item #4. It was moved by Councilmember Palmer, seconded by Councilmember Nielsen to approve remaining Consent Calendar items, as recommended by staff. Motion carried 5-0. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $15,847.22, $409,588.37, and City Council Meeting October 20, 2009 Minutes Page 3 of 9 $466,719.30; and Payroll in the amount of $743,317.79. 3. APPROVAL OF MINUTES -REGULAR MEETING OF OCTOBER 6, 2009 Motion: Approve the Action Minutes of the Regular City Council Meeting held on October 6, 2009. 4. PLANNING ACTION AGENDA -OCTOBER 13, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Motion: Receive and file. Mayor Davert expressed interest in the item relating to 14131 Red Hill Ave. - Traditions Restaurant. Mayor Davert wants to be sure that we have been clear with the business owner and property owner on the City's expectations at that property. It was moved by Mayor Davert seconded by Mayor Pro Tem Amante to approve the balance of the Planning Commission Action Agenda. Motion carried 5-0. 5. APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY FOR IMPLEMENTATION OF A VIDEO SURVEILLANCE SYSTEM AT THE TUSTIN METROLINK STATION The Orange County Transportation Authority (OCTA) is requesting that the City enter into a cooperative agreement that would allow the OCTA to proceed with the design and installation of a video surveillance system (VSS) at the Tustin Metrolink Station. Installation of the system is to occur in conjunction with the construction of a parking structure, currently in the design stage. Following installation, the City will own the system and be responsible for its operation and maintenance (O&M). Motion: Approve Cooperative Agreement No. C-9-0590 with the Orange County Transportation Authority for implementation of a video surveillance system at the Tustin Metrolink Station, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 6. APPROVAL OF AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT NO. 12-238 WITH THE STATE OF CALIFORNIA FOR THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) On August 3, 1998, the City Council approved Cooperative Agreement No. 12- City Council Meeting October 20, 2009 Minutes Page 4 of 9 238 with the State of California (Caltrans) that outlined the specific areas of responsibility for environmental, design, and right-of-way exchange/acquisition phases of the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130). The proposed amendment extends the agreement termination date to December 31, 2011 from December 31, 2009. Motion: Approve Amendment No. 5 to Cooperative Agreement No. 12-238 with Caltrans for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and authorize the Mayor and City Clerk to execute the document on behalf of the City. 7. ADOPT THE PROPOSED PROPOSITION 1A SALE RESOLUTION AND SALE AGREEMENT The emergency suspension of Proposition 1 A was passed by the State Legislature as part of the 2009-10 state budget package. The result of this suspension is the state will be taking $1.6 million, which is 8% of the City of Tustin's property tax revenue to help balance its budget. The City will be able to collect the $1.6 million through the securitization of the Proposition 1A receivable by the spring of 2010 instead of in three years from the State offered by California Communities Authority, a joint powers authority. Motion: Adopt Resolution 09-59 approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller's Proposition 1A receivable from the state. RESOLUTION NO. 09-59 -CITY COUNCIL OF THE CITY OF TUSTIN A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 8. AWARD OF A CONSTRUCTION CONTRACT FOR THE TUSTIN CIVIC CENTER ROOF REPLACEMENT PROJECT (CIP No. 1032) Staff is requesting that the City Council reject the lowest bid as non-responsive and award the construction contract for the Tustin Civic Center Roof Replacement project to the lowest responsible bidder. Motion: Find the bid submitted by the apparent lowest bidder, Solar Integrated Technologies, Inc., to be nonresponsive and award the construction contract for the Tustin Civic Center Roof Replacement Project (CIP No. 1032) to the second lowest bidder, RGSLA, Inc., in the amount of $407,676.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City Council Meeting October 20, 2009 Minutes Page 5 of 9 City. REGULAR BUSINESS ITEMS 9. CROSSING GUARD PROGRAM UPDATE In April of this year, a warrant analysis was conducted of the existing 31 crossing guard posts. Based on the results of that study, coupled with input from Traffic Engineering and the Police Department's Traffic Division, recommendations were made to City Council on modifying the existing contract for crossing guards. During the August 4th City Council meeting, option two of the recommendations was adopted. This option included executing a contract with All City Management Services, Inc. to provide crossing guard services for 16 warranted posts with 22 positions and no noontime crossings. A costs saving of $221,425 was realized. The City Council directed staff to monitor the implementation of the new contract and to report back in October. The Council also directed staff to follow up with the Tustin Unified School District staff (TUSD) in an effort to reach common ground in the areas of cost sharing and/or implementation of a volunteer crossing guard program. TUSD is unable to share in the costs or implement a volunteer crossing guard program. However, TUSD is willing to partner with the City to approach Parent Teacher Organizations (PTOs) as a funding source for additional crossing guards, and to support efforts to educate students and parents on crossing the streets safely. Police Chief Jordan gave a brief presentation. Mayor Davert opened Public Input • Robin Steinmetz spoke in favor of adding crossing guards, especially at the Tustin Ranch Road and Rawlings intersection and proposed several other suggestions. • Paul Wasserman, President of Peter's Canyon Elementary School PTO, spoke requesting that the City continue to fund crossing guards; however, he thanked the City for considering funding alternatives. He hopes that if the PTO could contribute to funding, the City would consider splitting the cost with the PTO. Mayor Davert closed Public Input Motion: It was moved by Councilmember Palmer, seconded by Mayor Davert, to move the recommended action. Councilmember Gavello submitted a substitute motion to have a 50/50 split with City Council Meeting October 20, 2009 Minutes Page 6 of 9 TUSD; or the Public Schools Foundation; or a PTO. Motion failed for lack of a second. Recommended action: 1. Maintain the current crossing guard contract and staffing levels; 2. Authorize staff to partner with TUSD personnel to explore the possible use of the PTOs as a funding source for the additional crossing guard posts in specified areas, and to further educate students and parents on crossing the streets safely; 3. Direct staff to report back on the crossing guard program in the spring, before executing a second year of the existing contract. Motion carried 4-1 (Councilmember Gavello dissented). 10. ADOPTION OF RETAIL WATER RATES At the September 1, 2009 meeting City Council directed staff to provide additional water rate options. Staff presented two options at prior council meetings and developed four additional options. Water rate increase Option 1 was presented at the August 4, 2009 meeting and Option 2 was presented at the September 1, 2009 meeting. Options 3 through 5 reduce the water rate increase, delays debt financing for the construction of the Rawlings Reservoir, Tustin Avenue well, the Simon Ranch Reservoir and Booster Station and the Beneta Well; delays pay-as-you-go capital projects; and delays the replenishment of cash reserves. Option 6 is a 1-year rate increase that eliminates operating loss while meeting existing bond covenants. Pam Arends-King, Director of Finance, gave a brief presentation. Council discussion ensued. Councilmember Gavello will support and make a motion to do the combination of sending out an RFP to IRWD, as well as in the short-term to stop the bleeding of funds, approve ashort-term rate increase. Motion failed for lack of a second. Recommended action (Options 1-6): 1. Adopt Option 1 water rate increase resolution as presented on August 4, 2009. 2. Adopt Option 2 water rate increase resolution as presented on September 1, 2009. 3. Adopt Option 3 water rate increase resolution. 4. Adopt Option 4 water rate increase resolution. 5. Adopt Option 5 water rate increase resolution. City Council Meeting October 20, 2009 Minutes Page 7 of 9 6. Adopt Option 6 water rate increase resolution. If any rate option is approved, the corresponding rate increase will be effective October 21, 2009. It was moved by Mayor Davert to adopt Option 1. Motion failed for lack of a second It was moved by Mayor Davert, seconded by Councilmember Nielsen, to adopt Option 2. Motion failed 2-3 (Mayor Pro Tem Amante, Councilmembers Palmer & Gavello dissented) It was moved by Mayor Davert, seconded by Councilmember Nielsen, to adopt Option 3. Motion failed 2-3 (Mayor Pro Tem Amante, Councilmembers Palmer & Gavello dissented) It was moved by Mayor Davert, seconded by Councilmember Nielsen, to adopt Option 4. (Mayor Pro Tem Amante, Councilmembers Palmer and Gavello dissented) It was moved by Mayor Davert, seconded by Councilmember Nielsen, to adopt Option 5. Motion failed 2-3 (Mayor Pro Tem Amante, Councilmembers Palmer and Gavello dissented) It was moved by Mayor Davert, seconded by Councilmember Nielsen, to adopt Option 6. Motion failed 2-3 (Mayor Pro Tem Amante, Councilmembers Palmer and Gavello dissented) 11. LEGISLATIVE REPORT Mayor Davert reported on Metropolitan Water District's proposal to increase its employee pensions and the public outcry in opposition to this idea. The item has been tabled for future consideration. Mayor Davert received a letter from the MWD's Chair chastising the City for being anti-employee. Mayor Davert commented on his disagreement with the content of the letter. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council Councilmember Gavello: • Water Advisory Committee of Orange County -several bills up for approval in Sacramento related to water issues; toured OC Water Replenishment system; will be going on a State Water Project tour; listened to presentation from OCFA. Spoke with Fire Chief and requested water pressure and hydrant testing in Tustin, and testing of our interconnect lines. Perhaps staff could follow up on the testing; • Newport Watershed Executive Committee -toured all Irvine Ranch Water District facilities, including the desalter project; toured Shallow Ground Water facility at the City Council Meeting October 20, 2009 Minutes Page 8 of 9 former EI Toro base which treats TCE. Toured National Treatment System at Quail Hill; and Nicholson Reclamation Plant, which they are expanding; • Santa Ana River flood Protection Agency -discussed new work on flood control channel; • Enjoyed the Tustin Tiller Day Parade and would like to see greater attendance. Councilmember Palmer: • Discussed article on costs of installing solar panels in homes and would like to see the City pursue a similar program; • Received property tax bill and commented on increased assessments in the bill. Councilmember Nielsen: • No committee reports; • Expressed his disappointment in the Council's failure to approve a water rate adjustment. Mayor Pro Tem Amante • No comments. Mayor Davert • Wants to congratulate City staff on the American Public Works Association recognition of the Pasadena Well as "Project of the Year"; • Congratulated Aldersgate United Methodist Church on their 50 year anniversary; • Red Hill Lutheran Church will be dedicating their new facility on October 25, 2009; • On Friday October 30th, at the CT Gym, Parks & Recreation will host their annual Halloween Haunt; • Saturday, October 31St is Halloween; please be careful of kids out celebrating this holiday; • November 1St, at the Tustin Marketplace, is the 19th Dinosaur Dash supporting the Tustin Public Schools Foundation; • Requested a placeholder at the next council meeting to revisit appointment to WACO, Newport Back Bay, and Santa Ana Flood Channel positions. ADJOURNED - 9:02 p.m. The next meeting of the City Council is scheduled for Tuesday, November 3, 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. DOUG DAVERT Mayor City Council Meeting Minutes PAMELA STOKER City Clerk October 20, 2009 Page 9 of 9