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Home My WebLink About00 CC AGENDA 12-01-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember DECEMBER 1, 2009 COUNCIL CHAMBER '~"""' 300 CENTENNIAL WAY, TUSTIN ~~,~:y' William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~; - ~~. CALL TO ORDER -Meeting #2225 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. 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 B. EXISTING LITIGATION [Govt. Code Section § 54856.9(a)] -One Case Conference with Legal Counsel - SEMA Construction, Inc. v. City of Tustin Case No. OCSD No. 00101147 Orange County Superior Court C. INITIATION OF LITIGATION [Govt. Code Section § 54856.9(c)] -Two Cases D. LABOR NEGOTIATIONS [Govt. Code Section § 54957.6] Agency Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association (TPOA) NOTE: As required by Senate Bi11343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. Employee Organization: Employee Organization: Emplo e~rganization: Employee Organization: Employee Organization: Emplo e~ganization: Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Part-Time Unrepresented Employees Unclassified Confidential Employees Management and Supervisory Executive Management REGULAR CITY COUNCIL MEETING 7:00 P.M. ~¢ ;~ CALL TO ORDER -Meeting #2225 INVOCATION - Fr. Thomas Nguyen, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Gavello ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland ORAL COMMUNICATION /PUBLIC INPUT - At this time, any member of the public may address the City Council on matters, which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 14) 1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 17, 2009 Recommendation: Approve the Action Minutes of the Regular City Council Meeting held on November 17, 2009. City Council Meeting December 1, 2009 Agenda Page 2 of 10 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $3,006.86 and $622,992.30; and Payroll in the amount of $726,077.22. 3. CONSIDERATION OF CLAIM OF H. REX COMBS, CLAIM NO. 09-27 The claimant alleges that a pine cone from a City pine tree fell on his car, causing a dent in the hood. Recommendation: That the City Council deny Claim Number 09-27, H. Rex Combs, and direct Staff to send notice thereof to the Claimant. 4. CONSIDERATION OF CLAIM OF ALAN & DENISE FEDEROFF, CLAIM NO. 09-30 The Claimant alleges their sewer lateral cracked due to tree root infestation. Recommendation: That the City Council deny Claim Number 09-30, Alan and Denise Federoff, and direct Staff to send notice thereof to the Claimant. 5. CONSIDERATION OF CLAIM OF LEO SOUKERIS, FIRST OLYMPIC REALTY, INC., CLAIM NO. 09-33 The claimant alleges that Tustin Police damaged doors and door frames while conducting a search of his apartment building. The Police were executing a search warrant at the location with the assistance of the Santa Ana SWAT team. During the execution of the warrant, Officers came upon an interior locked door. With the permission of the resident, the Officers had to force open the door in order to search the room. Recommendation: That the City Council deny Claim Number 09-33, Leo Soukeris, First Olympic Realty, Inc., and direct Staff to send notice thereof to the Claimant. 6. CONSIDERATION OF CLAIM OF JANE WISHNICK, CLAIM NO. 09-38 This claim arises as a result of the claim of Catherine Zeier (09-12) in which Ms. Zeier alleges a trip and fall, resulting in bodily injury. Jane Wishnick is the property owner at the location where Ms. Zeier allegedly tripped and fell. As the property owner, she was named as a defendant in a lawsuit filed by Ms. Zeier. Ms. Wishnick appears to be filing this claim against the City as part of a plan to cross-complain against the City, although no cross-complaint has yet been City Council Meeting December 1, 2009 Agenda Page 3 of 10 received. Recommendation: That the City Council deny Claim Number 09-38, Jane Wishnick, and direct Staff to send notice thereof to the Claimant. 7. FINDING AND DETERMINING THE DISABILITY RETIREMENT OF JAMES PARLOR Recommendation: Adopt Resolution No. 09-69 finding that Police Officer James Parlor is disabled from performing the duties of his position. Resolution No. 09-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT JAMES PARLOR, A LOCAL SAFETY MEMBER, IS DISABLED FROM HIS DUTIES AS A POLICE OFFICER. 8. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 310 SOUTH PASADENA AVENUE The Mills Act is State legislation that provides for reduced property taxes on an eligible historic property if the property owner agrees to maintain and preserve the property for a minimum of ten years. On June 16, 1997, the City Council authorized the implementation of a Mills Act program in Tustin and established a policy specifying which properties would be eligible for the program. Attachment A of this report includes a draft historic property preservation agreement for the property located at 310 South Pasadena Avenue. This is the fourteenth historic property preservation agreement to be considered by the Council. The body of the agreement contains standard language that is required by State law to be included in every Mills Act contract. Customized terms, standards, and conditions for the property at 310 South Pasadena Avenue were also included in the agreement. Because the property is in very good condition, the property maintenance improvements required over the minimum 10-year contract term are relatively minor. Additional historic property preservation agreements will be agendized for consideration by the Council as more Mills Act program applications are received. Recommendation: That the City Council adopt Resolution No. 09-70 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Michael J. Demoratz, the owner of the property located at 310 South Pasadena Avenue. RESOLUTION No. 09-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED City Council Meeting December 1, 2009 Agenda Page 4 of 10 HERETO AS EXHIBIT I WITH THE OWNER OF THE PROPERTY LOCATED AT 310 SOUTH PASADENA AVENUE, TUSTIN, CALIFORNIA. 9. BENEFIT RESOLUTIONS FOR USE OF MCAS TUSTIN REDEVELOPMENT FUNDS FOR RIGHT-OF-WAY ACQUISITION, AND DESIGN AND CONSTRUCTION OF TUSTIN RANCH ROAD EXTENSION PROJECT IMPROVEMENTS FROM VALENCIA AVENUE TO WALNUT AVENUE, INCLUDING RELATED RIGHT-OF-WAY ACQUISITION AND IMPROVEMENTS IN THE VICINITY OF THE INTERSECTION OF TUSTIN RANCH ROAD AND WALNUT AVENUE City Council and Redevelopment Agency consent is requested to allow the Tustin Community Redevelopment Agency to expend MCAS Tustin Redevelopment Project Area funds towards the costs of right-of-way acquisition, and design and construction of the Tustin Ranch Road Extension Project improvements from Valencia Avenue to Walnut Avenue, including related improvements in the vicinity of the intersection of Tustin Ranch Road and Walnut Avenue. Recommendation: It is recommended that the Tustin City Council adopt City Council Resolution No. 09-68. RESOLUTION NO. 09-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 FOR RIGHT-OF-WAY ACQUISITION, DESIGN AND CONSTRUCTION OF TUSTIN RANCH ROAD EXTENSION PROJECT IMPROVEMENTS FROM VALENCIA AVENUE TO WALNUT AVENUE, INCLUDING RELATED RIGHT-OF-WAY AND IMPROVEMENTS IN THE VICINITY OF THE INTERSECTION OF TUSTIN RANCH ROAD AND WALNUT AVENUE 10. CITY/COUNTY FINANCING INITIATIVE FOR RENEWABLE AND SOLAR TECHNOLOGY (FIRST) PROGRAM, OC SUNERGY PROGRAM Assembly Bill 811, passed in July of 2008, allows local governments to form assessment districts and property owners to install renewable energy and energy efficiency improvements that are permanently fixed on their properties and have the financing incorporated into their property tax payment. In response, the County of Orange initiated the City/County Financing Initiative for Renewable and Solar Technology (FIRST) Program also known as OC Sunergy Program and invited cities in Orange County to participate to allow for a countywide program. Staff is seeking authorization to participate in the City/County FIRST Program and have the Mayor execute Memorandum of Understanding or Joint Powers Agreement as it becomes available. City Council Meeting December 1, 2009 Agenda Page 5 of 10 Recommendation: That the Tustin City Council authorize staff to participate in the City/County Financing Initiative for Renewable and Solar Technology (FIRST) Program also known as OC Sunergy Program. 11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE CIP NO. 7001 AND THE ANNUAL SIDEWALK REPAIR PROJECT NO. 402-6235 The plans and specifications for the Annual Major Pavement Maintenance CIP No. 7001 and the Annual Sidewalk Repair Project No. 402-6235 have been prepared and the projects are now ready to be bid. Recommendation: It is recommended that the City Council adopt Resolution No. 09-67 to: 1) Approve the plans and specifications for the Annual Major Pavement Maintenance Project CIP 7001, and the Annual Sidewalk Repair Project No. 402-6235; and 2) Authorize and direct the City Clerk to advertise for bids. RESOLUTION NO. 09-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAJOR PAVEMENT MAINTENANCE CIP NO. 7001 AND THE ANNUAL SIDEWALK REPAIR PROJECT NO. 402-6235 AND AUTHORIZING ADVERTISEMENT FOR BIDS 12. APPROVAL OF A JOINT COOPERATIVE AGREEMENT FOR THE PILOT COMMERCIAL FOOD WASTE DIVERSION PROGRAM The City of Tustin, working in cooperation with the Cities of Aliso Viejo, Dana Point, Laguna Hills, Laguna Niguel, Rancho Santa Margarita, San Juan Capistrano, and the unincorporated Community of Rossmoor, desires to enter into a Joint Agreement which establishes the framework for the implementation of a Pilot Commercial Waste Diversion Project (Project). The Project is funded through a Regional Recycling and Waste Diversion Grant administered by the County of Orange. The City of San Clemente will be acting as lead agency and CR&R Incorporated will be providing the necessary waste collection and recycling services. Recommendation: It is recommended that the City Council approve the Joint Cooperative Agreement with the City of San Clemente and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. City Council Meeting December 1, 2009 Agenda Page 6 of 10 13. AWARD OF A CONSTRUCTION CONTRACT FOR THE TUSTIN SENIOR CENTER ROOF HVAC UNIT REPLACEMENT CIP No. 1032 Staff is requesting that the City Council award the construction contract for the Tustin Senior Center Roof HVAC Unit Replacement Project to the lowest responsive/responsible bidder. Recommendation: It is recommended that the City Council award the construction contract for the Tustin Senior Center Roof HVAC Unit Replacement CIP No. 1032 to the lowest responsive/responsible bidder, Pardess Air, Inc., in the amount of $68,000 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 14. UPDATE AUTHORIZED SIGNATURE FOR CHECKS AND WARRANTS The Tustin City Code requires authorized check and warrants signers be approved by minute order of the City Council. Recommendation: It is recommended that the City Council include the Finance Director, Pamela Arends-King as an authorized check and warrant signer. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 15 through 20) 15. SECOND READING OF ORDINANCE NO. 1376 -CODE AMENDMENT 09- 007: WATER EFFICIENT LANDSCAPE ORDINANCE In 2006, Governor Schwarzenegger signed Assembly Bill 1881, amending the Water Conservation in Landscaping Act (Act). The bill added two new requirements: 1) the California Department of Water Resources (DWR) is to update the current Model Water Efficient Landscape Ordinance; and 2) each city and county must either comply with the final State ordinance or may update its Landscape Ordinance by January 1, 2010, so that it is "at least as effective as" the State's updated Model Ordinance. In response to the new landscape water efficiency requirements, a stakeholder group was formed under the leadership of the Municipal Water District of Orange County (MWDOC) and the Orange County Division of the League of California Cities (the Division.) The stakeholder group developed alocally-crafted Orange County Model Water Efficient Landscape Ordinance (OC Model) and Guidelines that will meet the "at least as effective as" requirement of state law, minimize the complexity and cost of compliance, and provide consistency between local jurisdictions. Proposed Ordinance No. 1376 is consistent with the OC Model. City Council Meeting December 1, 2009 Agenda Page 7 of 10 The cornerstone of the OC Model Ordinance and Guidelines is a self- certification process that will streamline the permitting process and reduce costs for applicants and local agencies. Pursuant to the proposed ordinance, certain new and rehabilitated landscapes will be required to be water efficient based on the criteria in the Guidelines. Recommendation: Have second reading by title only and adoption of Ordinance No. 1376 (roll call vote). ORDINANCE NO. 1376 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF TUSTIN, ADDING CHAPTER 7 OF ARTICLE 9 OF THE TUSTIN CITY CODE REGARDING WATER EFFICIENT LANDSCAPES. 16. ORDINANCE NO. 1377, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1632 OF THE TUSTIN CITY CODE REGARDING REQUEST FOR PROPOSALS FOR INDEPENDENT AUDITORS Ordinance No. 1377 will amend Section 1632 of the Tustin City Code regarding request for proposals for independent auditors. Recommendation: Have second reading by title only and adoption of Ordinance No. 1377 (roll call vote). ORDINANCE NO. 1377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 1632 RELATING TO REQUESTS FOR PROPOSALS FOR INDEPENDENT AUDITORS. 17. ORDINANCE NO. 1369, RECOMMENDING ADOPTION OF THE OFFICIAL ZONING MAP OF THE CITY OF TUSTIN The boundaries of the zoning districts designated and established in the City of Tustin's adopted Zoning Code are required by Tustin City Code Section 9213c to be illustrated on a map entitled "Zoning Map of the City of Tustin." Staff has finalized the GIS version of the "Zoning Map of the City of Tustin" and is proposing Ordinance No. 1369 for the Tustin City Council to formally adopt that map as the official illustrative "Zoning Map of the City of Tustin." The proposed Zoning Map is clearer, more accurate, uses color gradations to depict land use intensity, and now includes a legend that identifies the location of all Specific Plan neighborhoods approved within the City. Recommendation: That the Tustin City Council introduce and have first reading of Ordinance No. 1369 designating the official Zoning Map of the City of Tustin. City Council Meeting December 1, 2009 Agenda Page 8 of 10 (Attachment C). ORDINANCE NO. 1369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DESIGNATING THE OFFICIAL ZONING MAP OF THE CITY OF TUSTIN. 18. NITROGEN AND SELENIUM MANAGEMENT PROGRAM (NSMP) TOTAL MAXIMIUM DAILY LOAD TIME SCHEDULE COMPLIANCE ORDER In May 2009, the Santa Ana Regional Water Quality Control Board (SARWQCB) adopted the Order R8-2009-0030, Urban stormwater Runoff Permit (MS4) for North Orange County. Under this new MS4 permit, effective July 1, 2010; the City of Tustin will be required to expand its stormwater pollution prevention program. The Permit requires that Cities develop a residential outreach program, increase the inspections of commercial facilities, develop an outreach program for mobile businesses, and require developers to incorporate additional stormwater treatment controls and testing. In addition to the requirements of the MS4 Permit, the City of Tustin is subject to multiple Total Maximum Daily Load (TMDL) requirements by the SARWQCB. On December 10, 2009 the SARWQB will adopt a Time Schedule Order (TSO) for selenium as an interim measure while a TMDL for selenium is developed over the next two years. With the addition of Selenium TMDL, the cost of the City's storm water program is expected to increase significantly. Recommendation: Receive and file as an information item. 19. 2008-2009 ANNUAL REPORT Redevelopment Law requires that the Redevelopment Agency submit to the legislative body an annual report for the preceding fiscal year. Recommendation: It is recommended that the City Council take the following actions: 1. Receive and file its Annual Report for FY 2008-2009. 2. Direct that a copy of its Annual Report for 2008-2009 and all other required reporting documents and forms be executed in final form and filed with the City of Tustin, the State Controller and State Department of Housing and Community Development. 20. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. City Council Meeting December 1, 2009 Agenda Page 9 of 10 21. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem. Recommendation: Pleasure of the City Council. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT --The next meeting of the City Council is scheduled for Tuesday, January 5, 2010 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 December 1, 2009 Agenda Page 10 of 10