HomeMy WebLinkAbout07 CC Action Agenda 11-17 and 12-1ITEM #7
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Planning Commission
DATE: DECEMBER 8, 2009
SUBJECT: CITY COUNCIL ACTION AGENDA
NOVEMBER 17 AND DECEMBER 1, 2009
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
NOVEMBER 17 AND DECEMBER 1, 2009
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
NOVEMBER 17, 2009
CALL TO ORDER -Meeting #2224 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: Bill 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
B. EXISTING LITIGATION [Govt. Code Section 54856.9(a)] -One Case
• City of Newport Beach and City of Tustin v. City of Irvine et al., Case
No. 30-2008-00228855-CU-WM-CXC, Orange County Superior Court
RECESSED - At 5:31 p.m., City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 7:00 p.m., City Council reconvened in public session with same
members present.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER -Meeting #2224 at 7:00 p.m.
INVOCATION - Councilmember Palmer
PLEDGE OF ALLEGIANCE -Mayor Davert
NOTE: As required by Senate Bill 343, 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.
ROLL CALL -City Clerk Stoker
Present: Mayor Doug Davert, Mayor Pro Tem Jerry Amante, and
Councilmembers Deborah Gavello, John Nielsen, and Jim Palmer.
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: Bill Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland
No reportable action
PRESENTATION - A Certificate was presented by Mayor Davert to Tender Loving Care for
"Home Health Care Month"
PUBLIC HEARING ITEM
APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE
PERMIT 09-023
Conditional Use Permit (CUP) 09-023 is a request to authorize the sale of beer
and wine for on-site consumption (ABC License Type 41) in conjunction with an
existing restaurant located at 14131 Red Hill Avenue (Exhibit A -Location Map).
On October 13, 2009, the Planning Commission conducted a public hearing and
adopted Resolution No. 4131 (Exhibit C), approving Conditional Use Permit
(CUP) 09-023 to authorize the sale of beer and wine for on-site consumption
(ABC License Type 41) in conjunction with an existing restaurant located at
14131 Red Hill Avenue. On October 20, 2009 the City Council appealed the
Planning. Commission's action.
Public Hearing opened at 7:04 p.m.
Hearing closed at 7:05 p.m.
Applicant:
Manojkumar C. Nilkanth
Traditions Restaurant
28244 Springvale Lane
Castaic, CA 91384
Current Listed Property Owner.•
Huber G. Wilson (deceased)
c% Old Town, Inc.
3185 Moritz Dr.
Huntington Beach, CA 92649
Long Term Lease Holder (Land)
Michael Pedicini
2187 Newcastle Avenue #100
Cardiff by the Sea, CA 92007
Long Term Lease Holder (Building):
Larry Smith, Old Town, Inc.
3185 Moritz Dr.
Huntington Beach, CA 92649-1877
RESOLUTION NO. 09-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING CONDITIONAL USE PERMIT 09-023 AUTHORIZING ON-SITE
ALCOHOLIC BEVERAGE SALES IN CONJUNCTION WITH AN EXISTING
RESTAURANT (TRADITIONS) LOCATED AT 14131 RED HILL AVENUE.
amity ~ouncu nneetmg November 17, 2009
Action Agenda Page 2 of 10
Motion: It was moved by Mayor Davert, seconded by Councilmember Amante, to adopt
Resolution No. 09-65, approving Conditional Use Permit 09-023.
Motion carried 5-0
ORAL COMMUNICATION /PUBLIC INPUT
• Jay Peterson submitted a proposed resolution for City to adopt a slogan
honoring the 50-Year Anniversary of the U.S. Flag
CONSENT CALENDAR ITEMS - It was moved by Councilmember Nielsen and seconded
by Councilmember Palmer to pull items 14 and 15 from the consent calendar and approve
the balance of items on consent as recommended by staff.
Motion carried 5-0
2. .APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve reversals in the amount of $17,841.49 and $3,557.56;
demands in the amounts of $435,470.08, $16,396.68, and $773,418.51; and
Payroll in the amount of $707,384.90.
3. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 3, 2009
Motion: Approve the Action Minutes of the Regular City Council Meeting held
on November 3, 2009.
4. PLANNING ACTION AGENDA -NOVEMBER 10, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
5. CANCELLATION OF DECEMBER 15, 2009 CITY COUNCIL MEETING
Motion: Direct the City Clerk to post a Notice of Cancellation for the regularly
scheduled City Council and Redevelopment meetings of December 15, 2009
and that the City Council hereby waives notice of said meeting as required by
Government Code Section 54954.
6. 2010 LOCAL APPOINTMENTS LIST
Motion: Approve the 2010 Local Appointments List for the Planning, Community
Services, and Audit Commissions and post notice as required by law.
7. MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 145 PACIFIC STREET
City Council Meeting November 17, 2009
Action Agenda Page 3 of 10
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 145 Pacific Street. This is the thirteenth
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. A customized terms, standards, and
conditions for the property at 145 Pacific Street were also included in the
agreement. Because the property is in good condition, the 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.
Motion: That the City Council adopt Resolution No. 09-66 authorizing the
execution of a Historic Property Preservation Agreement (Mills Act Contract)
with William H. and Sharon L. Teter, the owners of the property located at 145
Pacific Street.
RESOLUTION NO. 09-66 - 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
HERETO AS EXHIBIT I WITH THE OWNER OF THE PROPERTY LOCATED
AT 145 PACIFIC STREET, TUSTIN, CALIFORNIA.
8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS
This report transmits two John Wayne Airport Noise Abatement Quarterly
Reports. for the first and second quarters of 2009. The average noise level
measured at monitoring station NMS 10N, located at Columbus Tustin Middle
School on Beneta Way, remained relatively constant during the first and second
quarters. Average noise levels during both quarters remained below the City,
County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL)
for residential uses.
Motion: Receive and file report.
9. 2009 REVISED REGULATIONS FOR THE ORANGE COUNTY TAXI
ADMINISTRATION PROGRAM (OCTAP)
On October 1, 2009, the Steering Committee of the Orange County Taxi
Administration Program (OCTAP) reviewed and approved a completely revised
set of regulations. OCTAP requires the City of Tustin pass a resolution to
approve these revised regulations. OCTAP has provided two attachments which
consist of the complete regulations manual with revisions and a quick reference
t;ity Council Meeting November 17, 2009
Action Agenda Page 4 of 10
list of all the revised regulations.
Motion: Adopt Resolution No. 09-64 approving the revised OCTAP regulations.
RESOLUTION NO. 09-64 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REVISED ORANGE
COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS
10. THIRD QUARTER 2009 SOLID WASTE PROGRAM REPORT
The City's Recycling Program is continuing to achieve over 50% diversion of
waste from landfills and remains in compliance with state requirements.
Motion: Receive and file this report.
11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE JAMBOREE ROAD REHABILITATION CIP
NO. 7194
The plans and specifications for the Jamboree Road Rehabilitation CIP No.
7194 have been prepared and the project is now ready to be bid. Construction
of the project is partially funded with American Reinvestment and Recovery Act
of 2009 (ARRA) federal stimulus funds.
Motion: That the City Council adopt Resolution No. 09-62 approving the plans
and specifications for the Jamboree Road Rehabilitation CIP No. 7194, and
authorizing and directing the City Clerk to advertise for bids.
RESOLUTION NO. 09-62 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS
FOR THE JAMBOREE ROAD REHABILITATION BETWEEN 2,750 FEET
NORTH OF TUSTIN RANCH ROAD AND NORTH CITY LIMITS (CIP NO.
7194) AND AUTHORIZING ADVERTISEMENT FOR BIDS
12. DECLARATION REGARDING SURPLUS IN IMPROVEMENT FUND FOR RE-
ASSESSMENT DISTRICT 95-1 AND TRANSFER OF SURPLUS FUNDS TO A
SPECIAL PUBLIC WORKS MAINTENANCE ACCOUNT FOR MAINTENANCE
PROJECTS WITHIN THE ASSESSMENT DISTRICT
All work within Re-Assessment District 95-1 (RAD 95-1) is complete and the
City may now declare a surplus in the Improvement Fund for RAD 95-1, as
allowed under Section 10427 of the California Streets and Highways Code. Staff
is recommending that the surplus be transferred to a special Public Works
Maintenance Account to be used for maintenance projects within the District.
Motion: That the City Council adopt Resolution No. 09-57 declaring a surplus in
the Improvement Fund for Re-Assessment District No. 95-1 and authorizing
transfer of surplus funds to a special Public Works Maintenance Account to be
used for maintenance projects within the District.
city council Meeting November 17, 2009
Action Agenda Page 5 of 10
RESOLUTION NO. 09-57 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA DECLARING A SURPLUS IN THE
IMPROVEMENT FUND FOR RE-ASSESSMENT DISTRICT NO. 95-1 AND
AUTHORIZING TRANSFER OF SURPLUS FUNDS TO A SPECIAL PUBLIC
WORKS MAINTENANCE ACCOUNT TO BE USED FOR MAINTENANCE
PROJECTS WITHIN THE DISTRICT
13. ADOPTION OF AN URBAN FOREST MANAGEMENT PLAN
The City of Tustin is presently designated a "Tree City USA" City. Adoption of
the proposed Urban Forest Management Plan will establish guidelines for the
management of City trees, and allow the City to be recertified as a Tree City
USA City and apply for the Tree City USA "Growth Award" designation.
Motion: That the City Council adopt the City of Tustin Urban Forest
Management Plan.
14. MDC AND IN-CAR VIDEO SYSTEM REPLACEMENT
The life cycle of the current Datalux Mobil Data Computers (MDC) and Kustom
Signals In-Car Video System is coming to an end. The Police Department has
utilized both systems in excess of five years. Both systems are out of warranty
and officers are beginning to see a significant decline in the function and
reliability of both systems. Both the MDC and In-Car Video Systems are critical
to the performance of a police officer and overall success of the Police
Department. The MDC is a primary means of communication between dispatch
and field personnel as well as serving as an access point to various databases.
The In-Car Video System is critical to the collection of evidence, is often used in
regards to administrative concerns and complaints, and is crucial to overall risk
management.
Over a 15-month period, staff conducted extensive research into replacement
options. After field testing systems from six different vendors, the integrated
system from DATA911 was determined to be the best system for the needs of
the Police Department.
Chief Jordan provided a brief presentation and introduced Lieutenant Garaven
and Officer Saunders to discuss and respond to questions regarding the MDC
and In-Car Video System.
Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro
Tem Amante to approve the purchase of 35 MDCs and 34 In-Car Video
Systems from DATA 911.
Motion carried: 5-0
15. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
City Council Meeting November 17, 2009
Action Agenda Page 6 of 10
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
Motion: It was moved by Mayor Pro Tem Amante and seconded by Council-
member Palmer to receive and file this report.
Motion carried 4-1 (Councilmember Gavello dissented)
REGULAR BUSINESS ITEMS
16. CODE AMENDMENT (CA) 09-005; ORDINANCE NO. 1366 -STANDARDIZED
APPEAL PROVISIONS/MINOR TEXT CORRECTIONS
The Tustin City Code has been amended many times over the years, gradually
introducing inconsistencies to the appeal process for various discretionary
actions. Appeal filing deadlines vary depending upon the application type; there
are inconsistencies as to whether filing deadlines are counted as calendar days
or business days; and, there are a number of appeal hearing officers or boards
identified, including the Planning Commission, City Manager, a Hearing Officer,
the Tustin Community Redevelopment Agency, and Tustin City Council. On
September 22, 2009, the Tustin Planning Commission held a public hearing and
adopted Resolution No. 4121 recommending that the Tustin City Council
approve Code Amendment 09-005 (Ordinance No. 1366), amending various
sections of the Tustin City Code to standardize appeal provisions and
implement minor text corrections.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Mayor Davert to
have second reading by title only and adopt Ordinance No. 1366
ORDINANCE NO. 1366 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF
THE TUSTIN CITY CODE, FOR THE PURPOSE OF CREATING A UNIFORM
APPEALS PROCESS FOR CERTAIN DECISIONS RELATED TO THE
COMMUNITY DEVELOPMENT DEPARTMENT AND IMPLEMENTING MINOR
TEXT AMENDMENTS.
Motion carried: 5-0
17. 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.
City Council Meeting November 17, 2009
Action Agenda Page 7 of 10
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.
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.
Lacy Kelly, Executive Director of the Orange County Division of League of
California Cities made a presentation regarding proposed model ordinance;
Brian Starr, of BIA, spoke in favor of proposed model ordinance; and Joe Berg
of MWDOC, commented on the model ordinance development process;
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Gavello that the Tustin City Council introduce and have first reading of
Ordinance No. 1376 approving Code Amendment 09-007, and set for second
reading at the City Council meeting of December 1, 2009.
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.
Motion carried 5-0
18. 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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer, that the Tustin City Council introduce and have first reading of
Ordinance No. 1377, amending Section 1632 of the Tustin City Code regarding
request for proposals for independent auditors; and set for second reading at
the City Council meeting of December 1, 2009.
Finance Director Arends-King gave a brief presentation on the ordinance.
ORDINANCE NO. 1377 - AN ORDINANCE OF THE CITY COUNCIL OF THE
city Council Meeting November 17, 2009
Action Agenda Page 8 of 10
CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION
1632 RELATING TO REQUESTS FOR PROPOSALS FOR INDEPENDENT
AUDITORS.
Motion carried: 4-1 (Councilmember Gavello dissented)
19. VECTOR CONTROL DISTRICT BOARD APPOINTMENT
The City has received notice that the term of the incumbent representative on
the Vector Control District Board, AI Murray, who was appointed in July 2009 to
complete the unexpired term of Lou Bone, will expire on December 31, 2009.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer that AI Murray be appointed to serve a four year term on the Vector
Control District Board.
Motion carried: 5-0
20. LEGISLATIVE REPORT
None
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Palmer
• Congratulated staff on Library Grand Opening.
Councilmember Gavello:
• Commended Assistant City Manager Shingleton on Library Grand Opening.
Councilmember Nielsen
• Attended three SCAG committee meetings, including presentation on SB375;
Community and Human Economic Development meeting; Regional Council
meeting;
• Reported on Santa Ana Flood Control Protection Agency meeting and
discussions related to the Prado Dam;
• Reported on WACO meeting and discussions related to conservation,
sustainability, and related state bills;
• Commented on Library Grand Opening;
• Commented on ribbon cutting at Citrus Park; thanked staff for efforts;
• Commented on college basketball upset; congratulated CSUF on their victory
over UCLA;
• Congratulated Tustin High School football team and water polo team in CIF
playoffs;
• Congratulated Beckman High School football team and water polo team in
CIF playoffs;
• Commented on success of local scouting groups food drive.
City Council Meeting November 17, 2009
Action Agenda Page 9 of 10
Mayor Pro Tem Amante:
• Commented on Citrus Ranch Park's grand opening in January 2010;
• Discussed OCTA reports that Transit Committee recommended additional
cuts in bus service;
• Congratulated other local Mayors recently selected to continue serving on the
OC Division League California Cities;
• Commended the staff on the Library Grand Opening;
• Reported on city park refurbishments;
• Discussed future plans for HOV lane improvement;
• Commended Councilmember Nielsen for his presentation on AB 32 and
SB375 at the last Chamber breakfast.
Mayor Davert:
• Discussed Mills Act Agreement on Consent Calendar regarding preservation
of historical assets in community;
• Echoed comments on dedications of the new Library and Citrus Ranch Park;
• Reported on Advocacy Committee meeting of O.C. Division of League of
California Cities;
• Attended the OC Division League Meeting regarding pension reform;
• Commented on Vector Control District Board leadership;
• Commented on recent newspaper article regarding UFO sighting in 1965 in
Tustin;
• Reported on new OCFA red flag warning system;
• Announced the Annual Mayor's Thanksgiving Breakfast hosted by Tustin
Community Foundation will be held on Thursday, November 19tH;
• Announced that at the December 1St Council meeting there will be an election
of a new Mayor and Mayor Pro Tem;
• Announced the Annual Christmas Tree Lighting ceremony will be held in front
of City Hall on Friday, Dec. 4tH;
• Wished everyone a happy Thanksgiving.
ADJOURNMENT - 8:30 p.m. The next meeting of the City Council is scheduled for
Tuesday, December 1, 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.
city C;ouncl Meeting November 17, 2009
Action Agenda Page 10 of 10
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
NOVEMBER 17, 2009
CALL TO ORDER -Meeting #754 at 8:30 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
REGULAR BUSINESS ITEM
1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 3, 2009
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to approve the Redevelopment Agency Action Minutes of November 3,
2009.
Motion carried 5-0
ADJOURNMENT- Meeting adjourned at 8:31 p.m. The next regular meeting is scheduled
for Tuesday, December 1, 2009 at 7:00 p.m. in the Council Chamber,
300 Centennial Way, Tustin, California
NOTE: As required by Senate Bill 343, any non-confidential writings or documents
provided to a majority of the Community Redevelopment Agency 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.
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
DECEMBER 1, 2009
CALL TO ORDER -Meeting #2225 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: Bill 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:
City Attorney Holland reported that at the last City Council meeting an item regarding
Marble Mountain Partners was incorrectly listed on the agenda. He recommends that the
council rescind direction given to City attorney and re-agendize the item for the first
meeting in January.
It was moved by Mayor Pro Tem Amante and seconded by Councilmember Palmer to
adopt the City Attorney's recommendation.
Motion carried 5-0.
A. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases
B. EXISTING LITIGATION [Govt. Code Section § 54856.9(a)] -One Case
• Conference with Legat 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]
City Council Meeting December 1, 2009
Action Agenda Page 1 of 11
Agency Negotiators:
Em plo yee Org anization:
Em plo yee Org anization:
Emp lo yee Org anization:
Emp lo yee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
REGULAR CITY COUNCIL MEETING
Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association (TPOA)
Tustin Police Support Service Association (TPSSA)
Tustin Police Management Association (TPMA)
Part-Time Unrepresented Employees
Unclassified Confidential Employees
Management and Supervisory
Executive Management
CALL TO ORDER -Meeting #2225 at 7:00 p.m.
INVOCATION - Fr. Thomas Nguyen, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Councilmember Gavello
ROLL CALL -City Clerk Stoker
ORAL COMMUNICATION /PUBLIC INPUT -
• Dr. Geurpreet Ahuja from OC Human Relations Council presented a certificate of
recognition to the City Council and give a brief presentation
Call to order RDA meeting for joint session at 7:03 pm. (Council took action on RDA Items
1-3)
CONSENT CALENDAR ITEMS - It was moved by Councilmember Palmer, and seconded
by Councilmember Gavello, to pull items 8 and10, and approve the remaining items as
recommended by staff.
Motion carried 5-0
1. APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 17, 2009
Motion: Approve the Action Minutes of the Regular City Council Meeting held
on November 17, 2009.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $3,006.86 and $622,992.30; and
Payroll in the amount of $726,077.22.
mercy ~ouncu meeting December 1, 2009
Action Agenda Page 2 of 11
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.
Motion: 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.
Motion: 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.
Motion: 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
received.
Motion: 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
Motion: 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
~,uy ~ouncn meeung December 1, 2009
Action Agenda Page 3 of 11
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.
Motion: It was moved by Mayor Davert and seconded by Councilmember
Nielsen that the City Council adopt Resolution No. 09-70 authorizing the
execution of a Historic Property Preservation Agreement (Milts 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 HERETO AS EXHIBIT I
WITH THE OWNER OF THE PROPERTY LOCATED AT 310 SOUTH
PASADENA AVENUE, TUSTIN, CALIFORNIA.
Motion carried 5-0
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
City Council Meeting December 1, 2009
Action Agenda Page 4 of 11
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.
Motion: It was moved by Councilmember Palmer and seconded by Mayor Pro
Tem Amante to approve revised 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-
WAYAND IMPROVEMENTS IN THE VICINITY OF THE INTERSECTION
OF TUSTIN RANCH ROAD AND WALNUT AVENUE
Motion carried 5-0
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.
Motion: It was moved by Mayor Pro Tem Amante and seconded by Mayor
Davert to take no action on the matter at this time.
Motion carried 4-1 (Councilmember Gavello dissented)
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.
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Action Agenda Page 5 of 11
Motion: 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.
Motion: 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.
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.
Motion: 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.
~.uy ~,ouncn meeung December 1, 2009
Action Agenda Page 6 of 11
Motion: That the City Council include the Finance Director, Pamela Arends-
King as an authorized check and warrant signer.
REGULAR BUSINESS ITEMS
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.
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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Gavello, to have second reading by title only and adopt Ordinance No. 1376.
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.
Motion carried 5-0
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.
~.iiy wuncn roieeang December 1, 2009
Action Agenda Page 7 of 11
Motion: It was moved by Councilmember Nielsen, seconded by Councilmember
Palmer, to have second reading by title only and adopt Ordinance No. 1377.
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.
Motion carried 4-1 (Councilmember Gavello dissented)
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.
Motion: It was moved by Councilmember Nielsen, seconded by Councilmember
Palmer, that the Tustin City Council introduce and have first reading of
Ordinance No. 1369 designating the official Zoning Map of the City of Tustin.
(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.
Motion carried 5-0
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
~,ny ~.ouncn meeting December 1, 2009
Action Agenda Page 8 of 11
the next two years. With the addition of Selenium TMDL, the cost of the City's
storm water program is expected to increase significantly.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer, to receive and file as an information item.
Motion carried 5-0
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.
Motion: It was moved by Councilmember Palmer, seconded by Councilmember
Nielsen, that the City Council take the following actions:
1. Receive and ale 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.
Motion carried 5-0
Mayor Davert requested that Item 9 on the Consent Calendar be re-opened for
a motion to approve Resolution 09-68, as amended (see item #9).
20. LEGISLATIVE REPORT
None
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.
Motion: It was moved by Mayor Davert, seconded by Councilmember Nielsen,
to select Mayor Pro Tem Amante as Mayor of the City Council for the 2010
year.
Motion carried 4-1 (Councilmember Gavello dissented)
Motion: It was moved by Mayor Amante, seconded by Councilmember Davert,
to select Councilmember Nielsen as Mayor Pro Tem of the City Council for the
2010 year.
Motion carried 5-0
RDA Meeting adjourned at 7:29 p.m.
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council
City Council Meeting December 1, 2009
Action Agenda Page 9 of 11
City Attorney Holland -The City Council did not take any reportable action during the
Closed Session.
Councilmember Gavello:
• Congratulated Mayor Amante;
• Attended OCTA forum earlier today;
• Attended Korean-American event;
• Attended Turkish American event;
• Attended Colette's Children Home's Fundraiser;
• Hope all had a happy Thanksgiving, and wishes everyone a happy Hanukkah, Merry
Christmas and a happy and healthy New Year.
Councilmember Palmer
• Congratulated Erin Nielsen for a wonderful Mayor's Thanksgiving Breakfast;
• Congratulated AI Enderle for a great holiday event at the Enderle Center;
• Attended O C Housing Authority meeting; they opened two winter armories for
homeless, tonight.
Councilmember Davert
• Congratulated Mayor Amante and Mayor Pro Tem Nielsen;
• Attended OCTA 3`d District forum today;
• Attended Big Brother/Big Sister event and presented board members with
Certificates of appreciation;
• Shared sentiments about a Happy Thanksgiving, and gave holiday wishes;
• Attended Beckman High School music fundraiser;
• Thanked the Tustin Community Foundation and Salvation Army for a wonderful
Mayor's Thanksgiving Breakfast;
• Announced December 4tn Tustin Tree Lighting Ceremony;
• Mentioned that Santa's neighborhood visits began this evening;
• Thanked OCFA on their great work on the recent area fires.
Mayor Pro Tem Nielsen
• Congratulated Mayor Davert for his service this past year;
• Attended Orange County Council of Governments meeting and reported on
administrative agreement between OCCOG and OCTA;
• Congratulated Tustin High School on CIF football wins;
• Congratulated Beckman High School on its first CIF win;
• Attended Mayor's Thanksgiving Breakfast;
• Announced award winning Tustin High Dance Team has holiday performance on
Dec 11 tn;
• Thanked Erin Nielsen.
Mayor Amante
• Congratulated Tustin Community Foundation for success with Mayor's Thanksgiving
Breakfast, and other accomplishments with grants and contributions;
• Attended OCTA leadership breakfast this morning;
City Council Meeting December 1, 2009
Action Agenda Page 10 of 11
• Toll Road Authority reported additional cell towers in place;
• Announced upcoming Christmas Tree Lighting;
• Congratulations to both Beckman and Tustin High School CIF football success;
• Acknowledged Nancy Amante, for her support;
• Honored Mayor Davert.
ADJOURNED - at 7:48p.m. 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.
amity ~ouncu nneetmg December 1, 2009
Action Agenda Page 11 of 11
ACTION AGENDA
OF THE REGULAR MEETING OF THE
COMMUNITY REDEVELOPMENT AGENCY
TUSTIN, CALIFORNIA
DECEMBER 1, 2009
CALL TO ORDER -Meeting #755 at 7:03 p.m. in joint session with the City Council Meeting
ATTENDANCE
Present: ~ Mayor Doug Davert, Mayor Pro Tem Jerry Amante, and Councilmembers
Deborah Gavello, John Nielsen, and Jim Palmer.
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -See City Council minutes
REGULAR BUSINESS ITEMS
APPROVAL OF MINUTES -REGULAR MEETING OF NOVEMBER 17, 2009
Motion: It was moved by Mayor Pro Tem Amante, seconded by Council Member
Palmer, to approve the Redevelopment Agency Action Minutes of November 17,
2009.
Motion carried 5-0
2. 2008-2009 ANNUAL REPORT
Redevelopment Law requires that the Redevelopment Agency submit to the
legislative body an annual report for the preceding fiscal year.
Motion: It was moved by Mayor Pro Tem
Palmer, to receive and file Redevelopmen
such report to the Tustin City Council.
Amante, seconded by Council Member
t Agency's annual report and transmit
Motion carried 5-0
3. 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
Redevelopment Agendy Meeting December 1, 2009
Action Agenda Page 1 of 2
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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Council Member
Palmer, that the Tustin Community Redevelopment Agency adopt RDA
Resolution No. 09-03.
Motion carried
RDA RESOLUTION NO. 09-03
A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY 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
4. CHAIR AND CHAIR PRO TEM SELECTION
The Redevelopment Agency selects those members of the Agency who will serve
as Chair and Chair Pro Tem.
Recommendation: Pleasure of the Redevelopment Agency.
Motion: It was moved by Mayor Davert and seconded by Councilmember Palmer to
elect Mayor Pro Tem Amante to serve as Chairman of the Redevelopment Agency,
and Councilmember Nielsen to serve as Chairman Pro Tem.
Motion carried 5-0
ADJOURNMENT - It was moved by Councilmember Davert, seconded by Councilmember
Palmer to adjourn the meeting. Motion carried 5-0. Meeting was
adjourned at 7:29 p.m. Next regular meeting is scheduled for
Tuesday, January 5, 2010 at 7:00 p.m. in the Council Chamber, 300
Centennial Way, Tustin, California
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Agenda Page 2 of 2