HomeMy WebLinkAbout03 CC MINUTES 2009 12 01 01-05-10MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
DECEMBER 1, 2009
CALLED TO ORDER MEETING #2225 AT 5:30 P.M.
ATTENDANCE
Agenda Item ~-
Reviewed:
City Manager
Finance Director N/A
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 inadvertently omitted from 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 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
City Council Meeting December 1, 2009
Minutes Page 1 of 11
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Em ploy ee Org anization:
Em ploy ee Org anization:
Em ploy ee Org anization:
Em ploy ee Org anization:
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
REGULAR CITY COUNCIL MEETING
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
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
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.
City Council Meeting December 1, 2009
Minutes Page 2 of 11
3. CONSIDERATION OF CLAIM OF H. REX COMBS, CLAIM NO. 09-27
The claimant alleges that a pinecone 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 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.
City Council Meeting December 1, 2009
Minutes Page 3 of 11
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.
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 (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 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
City Council Meeting December 1, 2009
Minutes Page 4 of 11
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.
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-
WAY AND 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
City Council Meeting December 1, 2009
Minutes Page 5 of 11
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.
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
City Council Meeting December 1, 2009
Minutes Page 6 of 11
The Tustin City Code requires authorized check and warrants signers be
approved by minute order of the City Council.
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 a locally, 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
City Council Meeting December 1, 2009
Minutes Page 7 of 11
Ordinance No. 1377 will amend Section 1632 of the Tustin City Code regarding
request for proposals for independent auditors.
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
City Council Meeting December 1, 2009
Minutes Page 8 of 11
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.
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 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.
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: Mayor Davert, seconded by Councilmember Nielsen, moved it 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
City Council Meeting December 1, 2009
Minutes Page 9 of 11
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 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 the 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 3rd 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 4th 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
City Council Meeting December 1, 2009
Minutes Page 10 of 11
Dec 11 cn;
• 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;
• 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.
JERRY AMANTE
Mayor
PAMELA STOKER
City Clerk
City Council Meeting December 1, 2009
Minutes Page 11 of 11