HomeMy WebLinkAbout04 CC Action AgendasITEM #4
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DATE: MAY 11, 2010
SUBJECT: CITY COUNCIL ACTION AGENDA
APRIL 20 AND MAY 4, 2010
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
APRIL 20 AND MAY 4, 2010
CITY OF TUSTIN
JOINT REGULAR MEETING OF THE
CITY COUNCIL AND REDEVELOPMENT -~...._
AGENCY ;~
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John Nielsen, Mayor Pro Tem
Doug Davert, Councilmember
Jim Palmer, Councilmember Jerry Amante, Mayor
Deborah Gavello, Councilmember
APRIL 20, 2010
COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
William A. Huston, City Manager
Douglas Holland, City Attorney
Pamela Stoker, City Clerk
George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 P.M.
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CALL TO ORDER -Meeting #2234 at 5:30 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro TemlChair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William 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. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] - (2 cases)
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt.
Code § 54956.9(a)] -Three Cases
• Marble Mountain Partners, LLC v. City of Tustin et al., Orange County
Superior Court Case No. 30-2008-.00116681
• 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
City Council/Redevelopment Agency April 20, 2010
Action Agenda Page 1 of 9
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
[Govt. Code § 54956.9(c)] -One Case
D. CONFERENCE WITH LABOR NEGOTIATOR [Govt. Code § 54957.6]
Agency Negotiators
Em plo vee Org anization:
Em ploy ee Org anization:
Em plov ee Org anization:
Em ploy ee Org anization:
Em plov ee Org anization:
Em ploy ee Org anization:
Em plov ee Org anization:
Em ploy ee Org anization:
Kristi Recchia, Director of Human Resources
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
RECESSED - At 5:30 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 7:01 p.m. City Council reconvened in public session with same
members present.
JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY
MEETING
7:00 P.M.
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CALL TO ORDER -Meeting #2234 at 7:01 p.m.
INVOCATION -Councilmember/Agencymember Palmer
PLEDGE OF ALLEGIANCE -Councilmember/Agencymember Davert
ROLL CALL -City Clerk Stoker
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John Nielsen,
and Councilmembers/Agencymembers Doug Davert, Deborah Gavello
and Jim Palmer
Absent: None
City Clerk: Pamela Stoker, City Clerk
City Council/Redevelopment Agency April 20, 2010
Action Agenda Page 2 of 9
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT - City Attorney Holland -The Council did not take any
reportable action
PRESENTATIONS
• Boy Scouts of America 100th Anniversary - (Cathy Miller, Chairperson for Canyons
District, Orange County Council of the Boy Scouts of America)
• Tustin Relay for Life (Lori Couto)
ORAL COMMUNICATION /PUBLIC INPUT
F.R. Serrao -spoke regarding 2"d Amendment rights and the right to bear arms
Vincent Burke -spoke in support of 2"d Amendment rights
PUBLIC HEARING ITEMS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED PLAN
FOR PROGRAM YEAR 2010-2015 AND ONE YEAR ACTION PLAN FOR
PROGRAM YEAR 2010-2011
The Housing and Community Development Act of 1974, as amended, established
the Community Development Block Grant (CDBG) program to return federal funds
to local communities for the purpose of developing viable urban communities by
providing decent housing, suitable living environments, and by expanding economic
opportunities, specifically for low and moderate income persons. To participate in
the CDBG program, the City is required to prepare a Consolidated Plan that
identifies needs for affordable and supportive housing, community development,
public services, and economic opportunities. The Consolidated Plan is required
every five years. Annually, the City is also required to prepare cone-year Action
Plan that implements the goals and objectives contained in the Consolidated Plan.
The documents set forth in Resolution No. 10-32 fulfill these requirements.
On February 10, 2010, the City Council held the first required public hearing to
receive public input and testimony, considered and provided staff with direction on
the 2010-2015 Consolidated Plan Priority Needs, considered and provided staff
with direction on public service performance evaluations for continued funding, and
set a second required public hearing on April 20, 2010 to finalize the 2010-2015
Consolidated Plan update and the Program Year 2010-11 Action Plan.
Public hearing opening at 7:30 p.m.
Public hearing closed at 7:30 p.m. with no public input
Motion: It was moved Councilmember Davert and seconded by Councilmember
City Council/Redevelopment Agency April 20, 2010
Action Agenda Page 3 of 9
Palmer to adopt Resolution No. 10-32.
RESOLUTION NO. 10-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE PROGRAM YEAR 2010-2015
CONSOLIDATED PLAN INCLUDING THE PROPOSED USE OF
PROGRAM YEAR 2010-2011 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FOR INCLUSION IN THE ONE-YEAR
ACTION PLAN AND THE AMENDMENTS TO PROGRAM YEAR 2007-
08 AND 2008-09 ACTION PLANS FOR SUBMISSION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Motion carried 5-0.
2. CONDITIONAL USE PERMIT 09-024, DESIGN REVIEW 09-024, AMENDMENT
TO TRACT MAP 16581, AND AMENDMENT TO CONCEPT PLAN 03-003
The project proposal is to develop a 240-unit age-restricted senior community for
rental tenure including 153 affordable units, recreation center, and associated site
and infrastructure improvements, at a parking standard of 1.7 spaces per unit,
located on Lot 265 of Tract 16581, also known as Coventry Court at Columbus
Square. The project was originally approved in 2005 and 2006, but since the project
was not completed, entitlements and building permits have lapsed. At this time the
applicant is requesting approval for the same plans as previously approved, with a
change from ownership tenure (as was previously approved) to rental tenure for the
240 units.
The Planning Commission held public hearings on the subject item on December 8,
2009, January 26, 2010, and March 23, 2010. At the March 23, 2010, meeting, the
Planning Commission adopted Resolution No. 4134 (Attachment E) recommending
that the City Council:
a) Deny CUP 09-024, Amendment to CP 03-003, and Amendment to Tract Map
16581 for the subject project for apartments or rental tenure, and
b) Approve DR 09-024, and CUP 09-024 as it relates to parking, authorizing the
development of a 240-unit age-restricted senior residential condominium
complex including 153 affordable units, recreation center, and associated
infrastructure and site improvements on Lot 265 of Tract 16581.
A presentation was given by Elizabeth Binsack, Director of Community
Development
A presentation was given by Carol McDermott representing Lennar
Public hearing opened at 8:08 p.m.
City Council/Redevelopment Agency April 20, 2010
Action Agenda Page 4 of 9
Spoke in support of the Coventry Court as a rental project:
Stephanie Freeman
Adrienne Salerno
Spoke in opposition of Coventry Court as a rental project:
Carlos Cuyugan
Lee Whiteley
Shai Rambod
Bill Stelzner
Ramin Mousavi
Karen Knighton
Jim Blake
Daniel Adelseck
Mike Vo
RECESSED - At 9:03 p.m. City Council recessed
RECONVENED - At 9:14 p.m. City Council reconvened
Spoke in apposition of Coventry Court as a rental project:
Anne Terra
Cristin Cart
Lucy Akoubian
Albert Hernandez
Marina Sun
Noel Stone
William Nixon
Shawn Hintermeyer
Carol McDermott representing Lennar spoke the second time addressing public
comments
Spoke in opposition of Coventry Court as a rental project:
Aneta Black
Jose Delvalle
Public hearing closed at 9:45 p.m.
Motion: It was moved by Councilmember Davert to continue the item to June 29th at
5 p.m.
Councilmember Davert modified the previous motion to continue the item to a
special meeting on July 7, 2010 beginning at 5:00 p.m. Councilmember Palmer
seconded the motion.
Motion carried 3-2 (Gavello and Nielsen dissenting)
City Council/Redevelopment Agency April 20, 2010
Action Agenda Page 5 of 9
CONSENT CALENDAR - It was moved by Councilmember/Agencymember Davert and
seconded by Councilmember/Agencymember Palmer to pull consent items 5 and 6 and to
approve the balance of the consent calendar items as recommended by staff.
Motion carried 5-0
3. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON APRIL 6, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on April 6, 2010.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $698,367.95,
$2,756,649.55, $15,232.20, and $5,411.10, and Payroll in the amount of
$790,379.61.
5. SET A PUBLIC HEARING FOR JUNE 15, 2010 PURSUANT TO THE
REQUIREMENTS OF PROPOSITION 218 TO CONSIDER THE
ESTABLISHMENT OF NEW WATER RATES
Staff has developed a new water rate structure to meet ongoing operation,
maintenance, and long term capital facility improvements and is requesting the
City Council to set a public hearing for June 15, 2010 at 7:00 pm to consider the
new water rates.
Recommendation: It is recommended that the City Council set a public hearing
for June 15, 2010 at 7:00 pm and approve the mailing of the public hearing
notice.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve the recommended public hearing date
Motion carried 4-1 (Palmer dissenting)
Motion: Councilmember Gavello moved to reopen the item and seconded by
Councilmember Davert. Motion carried 5-0
Councilmember Gavello requested moving the public hearing to July 6t". Motion
died for lack of a second.
Motion carried: 3-2 (Gavello and Palmer dissenting)
6. AWARD OF CONSTRUCTION CONTRACT FOR THE TUSTIN SENIOR
CENTER WOOD FLOOR CIP NO. 1032
Bids for the Tustin Senior Center Wood Floor Project CIP No. 1032 have been
received and a construction contract is ready to be awarded to the lowest
City Council/Redevelopment Agency April 20, 2010
Action Agenda Page 6 of 9
responsive/responsible bidder.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to award the construction contract for the Tustin Senior Center
Wood Floor CIP No. 1032 to the lowest responsive/responsible bidder, McWil
Sports Surfaces, Inc., in the amount of $49,750 and authorize the Mayor and
the City Clerk to execute the contract documents on behalf of the City and direct
staff to include Tustin vendors in all requests for bids.
Motion carried 5-0
7. ELECTRONIC SCANNING AND STORAGE OF RECORDS, COMMUNITY
DEVELOPMENT DEPARTMENT
The Community Development Department has enlisted the services of ECS
Imaging, Inc., a professional digital scanning service, to digitally scan planning
project files. Staff performed quality control on the scanned files listed in Exhibit
A and stored the files in the City's Laserfiche archive. The Community
Development Department requests permission to destroy the paper copies of
these files.
The Community Development Department also requests permission to destroy
the records listed in Exhibit A that are more than two (2) years old.
Recommendation: Adopt Resolution No. 10-36, authorizing the scanning and
electronic storage of project planning files and the destruction of paper copies of
the additional items listed on Exhibit A.
RESOLUTION NO. 10-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS
AND PAPERS IN THE POSSESSION OF THE COMMUNITY
DEVELOPMENT DEPARTMENT OF THE CITY OF TUSTIN, PURSUANT
TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S
RECORDS RETENTION SCHEDULE
8. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and File.
REGULAR BUSINESS ITEMS
9. STATUS OF WIRELESS FACILITIES ON CITY-OWNED PROPERTIES
City Council/Redevelopment Agency April 20, 2010
Action Agenda Page 7 of 9
Councilmember Gavello has requested an update on the current status of
negotiations on the placement of wireless facilities on City-owned properties.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Palmer to receive and file the report.
Motion carried 5-0.
10/ FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH
TELECOM PARTNERS GROUP, INC (DBA ATS COMMUNICATIONS)
City Council approval of a proposed First Amendment to the Consultant
Services Agreement with ATS Communications (the "Consultant", also
"Telecom Partners Group, Inc.") is requested.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to approve the recommended action.
Motion carried 4-1 (Gavello dissenting)
11. LEGISLATIVE REPORT -CALIFORNIA JOBS INITIATIVE
Mayor Amante requested that the California Jobs Initiative be agendized for
discussion.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to support the California Jobs Initiative.
Motion carried 4-1 (Gavello dissenting)
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
Mayor Pro Tem Nielsen:
• Referred to Los Angeles Times article dated April 13, 2010, "Water conservation
program caused L.A.'s string of water main breaks, report finds"
• Thanked Assemblyman Curt Hagman for his article in the Flash Report stating that
the Democratic majority in the State Legislature killed a resolution for the Boy
Scouts of America celebrating their 100 years because they felt the Boy Scouts are
too controversial
Mayor Amante:
• Attended luncheon to honor senior volunteers for the over 13,600 hours they have
donated in their time to the community; thanked Parks and Recreation Services
Director Dave Wilson, Marilyn Esposito, Barbara Guerrero, and Vanessa Osborn
• Reminded all of the Tustin Relay for Life Saturday and Sunday, April 24-25, 2010
City Council/Redevelopment Agency April 20, 2010
Action Agenda Page 8 of 9
ADJOURNED - 10:55 p.m. The next meeting is scheduled for Tuesday, May 4, 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/Redevelopment Agency April 20, 2010
Action Agenda Page 9 of 9
ACTION AGENDA
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MAY 4, 2010
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2235 at 5:35 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None
CITY ATTORNEY -The City Attorney reported that due to overtures that have been
received from the City of Irvine since the agenda was posted regarding the City of
Newport Beach and City of Tustin v. City of Irvine et al lawsuit and the need to take
immediate action in response, that the item be included on the closed session agenda.
It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to add
the following item to the closed session agenda:
• CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code §
54956.9(a)] 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
Motion carried 5-0
In addition, the City Attorney requested that the following item originally scheduled for a
second closed session be included in the first closed session:
• CONFERENCE WITH LABOR NEGOTIATOR [Govt. Code § 54957.6]
Agency Negotiators: Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
City Council/Redevelopment Agency May 4, 2010
Action Agenda Page 1 of 8
Em ploy ee Org anization: Tustin Municipal Employees Association (TMEA)
Em ploy ee Org anization: Tustin Police Officers Association (TPOA)
Em ploy ee Org anization: Tustin Police Support Service Association (TPSSA)
Emp loy ee Org anization: Tustin Police Management Association (TPMA)
Emp loy ee Org anization: Part-Time Unrepresented Employees
Emp loy ee Org anization: Unclassified Confidential Employees
Emp loy ee Org anization: Management and Supervisory
Emp loy ee Org anization: Executive Management
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. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt.
Code § 54956.9(a)] -One Case
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
RECESSED at 5:31 p.m. The City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 7:03 p.m. City Council reconvened in public session with same
members present.
JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY
MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2235 at 7:03 p.m.
INVOCATION -Mayor Pro Tem Nielsen
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE - Miss Tustin 2010, Sarah
Salazar performed the national anthem; Danielle Evans, Miss Tustin Third Runner Up, led
the Pledge of Allegiance
ROLL CALL -City Clerk Stoker
City Council/Redevelopment Agency May 4, 2010
Action Agenda Page 2 of 8
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland.
No reportable action.
PRESENTATIONS
Certificates presented to:
• Miss Tustin 2010: Sarah Salazar
• Third Runner Up: Danielle Evans
Proclamation presented to:
• Miss Tustin 2009: Brittany Taylor
2-1-10range County (Steve Lemler) -presentation on 2-1-1 program
ORAL COMMUNICATION /PUBLIC INPUT -
• Grace, Tustin, shared that she is proud to be American and thanked the Police
Department and community for assistance with her mother who has since passed
away.
CONSENT CALENDAR ITEMS - It was moved by Councilmember Davert and seconded
by Councilmember Palmer to pull consent calendar items 3 and 4 and to approve the
balance of the consent calendar items as recommended by staff.
Motion carried 5-0
1. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON APRIL 20, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on April 20, 2010.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $941,331.70, and
$972,527.56 and Payroll in the amount of $654,293.08.
3. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER
LEVYING FISCAL YEAR 2010-2011 ASSESSMENTS
City Council/Redevelopment Agency May 4, 2010
Action Agenda Page 3 of 8
At the February 16, 2010 meeting, the City Council ordered the preparation of
an Engineer's Report for the Levy of Annual Assessments for the Tustin
Landscape and Lighting District. The Engineer's Report has now been
completed and is ready for City Council approval. Additionally, it is requested
that the City Council declare its intention to levy annual assessments and set a
public hearing for June 1, 2010.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Davert to approve the recommendation.
RESOLUTION NO. 10-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT
FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY
OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2010-2011
RESOLUTION NO. 10-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR
2010-2011 FOR THE IMPROVEMENT, MAINTENANCE AND
SERVICING OF PUBLIC LANDSCAPING AND LIGHTING
FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE
BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF
Motion carried 4-1 (Amante opposed).
4. ACCEPT THE CITRUS RANCH PARK PROJECT (CIP NO. 2046) AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Citrus Ranch Park (CIP NO. 2046) has been completed to
the satisfaction of the City Engineer and is now ready for City Council
acceptance.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gavello to approve the recommendation.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF
COMPLETION FOR CONSTRUCTION OF THE CITRUS RANCH
PROJECT (CIP NO. 2046)
Motion carried 5-0.
City Council/Redevelopment Agency May 4, 2010
Action Agenda Page 4 of 8
5. AUTHORIZE THE SOLICITATION OF BIDS FOR THE REPLACEMENT OF A
STREET SWEEPER
Supplemental appropriations have been approved by City Council to purchase
an alternative fuel street sweeper. Staff is now prepared to solicit bids and is
requesting authorization to advertise.
Recommendation: It is recommended that the City Council authorize the
solicitation of bids for an alternative fuel street sweeper and direct the City Clerk
to advertise the request for bids.
6. 2009 HOMELAND SECURITY GRANT PROGRAM
The Orange County Sheriff-Coroner Department, acting on behalf of the Orange
County Operational Area, has applied for, received, and been authorized to
begin the spending of 2009 Homeland Security Grant Program (HSGP) funds.
The grant funds are intended to help the Operational Area prevent, respond to,
and recover from acts of terrorism. Terms of the grant require that certain funds,
property or equipment be transferred to jurisdictions within the operational area.
The City of Tustin, as a part of the Operational Area, is entitled to participate in
the grant.
In order to be reimbursed for any future approved expenditures relating to the
2009 HSGP, a transfer agreement between the agencies needs to be
established.
Recommendation: It is recommended that the City Council:
1. Approve the 2009 HSGP Transfer Agreement between the County of
Orange and the City of Tustin
2. Authorize the Chief of Police to sign any grant-related paperwork on
behalf of the City
REGULAR BUSINESS ITEMS
7. BACKGROUND RELATED TO THREE-FOOT LANDSCAPE REQUIREMENT -
ORDINANCE NO. 1240
On March 16, 2010, the City Council directed staff to provide a history of the
ordinance which requires athree-foot landscape buffer between residential
properties and to provide examples of code enforcement cases. This direction
originated when several residents expressed concern about receiving a Notice
of Violation (NOV) of the Tustin City Code. The NOV's were issued for non-
compliance with TCC section 9267(a)(3) which requires athree-foot wide
landscape area between the driveway areas and the adjacent side property
lines.
City Council/Redevelopment Agency May 4, 2010
Action Agenda Page 5 of 8
PUBLIC INPUT:
• Pete Sanchez, Martha Sandoval, Pat Siress and Joan Mathesrud spoke
in opposition to Ordinance No. 1240.
Motion: It was moved to place a moratorium on those currently subject to the
complaint unless in egregious violation of the ordinance, and return the item to
staff to present to the Planning Commission for options for the Council at a later
date.
Motion carried 5-0.
8. CITY MANAGER RECRUITMENT
The City Manager will be retiring as of July 17, 2010.
Motion: It was moved by Mayor Amante and seconded by Mayor Pro Tem
Nielsen to authorize the Director of Human Resources to solicit proposals from
three firms specializing in public sector executive recruitment and to appoint
Mayor Amante and Councilmember Davert to serve as a subcommittee to
coordinate with the Director of Human Resources and the recruitment firm
during the duration of the recruitment process.
Motion carried 4-1 (Gavello dissenting)
Mayor Amante directed City Manager Huston to agendize at the next meeting
the matter of an interim solution to the time between Mr. Huston's retirement
and the appointment of a new City Manager.
9. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
1. Senate Bill 942 (Dutton)
Mayor Amante requested that Senate Bill 942 be agendized for discussion.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Davert to support the legislation.
Motion carried 4-1 (Gavello dissenting)
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
City Manager Huston:
• Clarified for Councilmember Gavello that on agenda item 3, the resolution section 5
City Council/Redevelopment Agency May 4, 2010
Action Agenda Page 6 of 8
states that a protest can be filed up to the hearing.
Councilmember Gavello:
• Thanked Public Works Director Doug Stack and his staff for paving roads in Tustin
Ranch
• Attended the Old Town Home and Garden Tour
• Attended the Community Volunteer Luncheon
• Announced that her daughter, Natalie, is in the audience and congratulated her for
selecting Berkeley as the university she will attend
Councilmember Davert:
• Wished a happy Mother's Day to all mothers
• Reported that Orange County Sanitation District continues to make budget cuts;
announced that the District's bond rating was upgraded to AAA
• Announced that on May 27 the Tustin Public Schools Foundation will host Annual
Teacher of the Year dinner and thanked teachers who provide students with a
tremendous education; complimented TPSF for raising money from citizens and
businesses and invited those who wish to attend or make a donation to call TPSF
Councilmember Palmer:
• Wished all a happy Mother's Day
• Praised the Police Department for its service to the community
Mayor Pro Tem Nielsen:
• Delivered an update on Memorandum of Understanding between OCCOG and
OCTA re sustainable community strategy for SB 375; gave an update on the
member Joint Powers Agreement; announced that the Southern Association of
Governments May general assembly will reveal greenhouse reduction numbers for
the region
• Reported that the Newport Bay Watershed Executive Committee approved the
executive overview plan and shared other actions of the Committee
• Attended Tustin High School Dance Team Friends and Family Fundraiser on
Apri130, approximately 800 people in attendance; featured multiple national
champion Tustin High dance team and cheer team
• Attended the Home and Garden Tour
• Congratulated Lindberg McPherson and Michael Demoratz of Wilcox Manor whose
home was featured in Victorian Homes magazine
• Attended Tustin High School ribbon cutting for new plaza and bell tower
• Congratulated Tustin Community Foundation on a great luncheon and
congratulated winner of Mini Cooper
Mayor Amante:
• Reported that at OCTA Executive Committee discussed 1) partnership with
OCCOG on sustainable communities and huge cost to implement; focus on vehicle
miles traveled with no discussion on alternative energies or other energy intensive
situations throughout the state; 2) RFP distributed for consultant for Strategic
Planning Initiative focusing on utilized performance-based budgeting and
management program
City Council/Redevelopment Agency May 4, 2010
Action Agenda Page 7 of 8
• Complimented Councilmember Davert on bond rating for OCSD
• Enjoyed volunteer recognition luncheon of Tustin Community Foundation; thanked
Lindberg and Michael for making their home available; thanked Erin Nielsen and
Chuck Puckett for their efforts
• Wished all a Happy Mother's Day
ADJOURNED at 8:15 p.m. -The next regular meeting is scheduled for Tuesday, May 18,
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/Redevelopment Agency May 4, 2010
Action Agenda Page 8 of 8