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Home My WebLink About00 CC AGENDA 05-20-08CITY OF TUSTIN MAY 20, 2008 REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL #2188 300 CENTENNIAL WAY, TUSTIN Doug Davert, Mayor Pro Tem William A. Huston, City Manager Lou Bone, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Jerry Amante, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following item was received for the May 20, 2008 meeting of the City Council. (Agenda Item A) CALL TO ORDER -Meeting #2188 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEM A. CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION pursuant to subdivision (a) of Section 54956.9 of the Government Code: City of Tustin v. AAE Pacific Park Associates, LLC et al., Case No. 030001932 PUBLIC MEETING 7:00 P.M. CALL TO ORDER -Meeting #2188 INVOCATION -Father John Block, St. Cecilia's Church PRESENTATION OF THE COLORS AND PLEDGE OF ALLEGIANCE -Tustin Girl Scouts Flag Patrol City Council Meeting May 20, 2008 Agenda Page 1 of 6 ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney PRESENTATIONS • Orange County Fire Authority to present a Letter of Commendation to Tustin Police Officers Brian Choe and Mark Hovecar • OC Sanitation District - Biosolids Compost Use Program ORAL COMMUNICATION /PUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 10) 1. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 6, 2008 Recommendation: Approve the Regular City Council Meeting Minutes of May 6, 2008. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $2,084,245.03 and $456,237.63; and Payroll in the amount of $733,884.48. 3. CONSIDERATION OF CLAIMS OF JENNIFER BELL , ET AL. The Attorney for the Claimants reported that several police agencies had raided a house they were in and taken the individuals from bed, handcuffing and detaining them without an arrest. He stated the Claimants were denied legal representation, were not Mirandized, and were denied medical assistance in some instances. The Claims are for $100,000 in property damage to the residence and an amount for personal injury to be determined at trial. City Council Meeting May 20, 2008 Agenda Page 2 of 6 Recommendation: Deny Claims as listed below and direct staff to send notice thereof to the Claimant's Attorney: Claim No. 08-07 Lorraine Colarossi Claim No. 08-08 Robert Green Claim No. 08-09 Jennifer Bell Claim No. 08-10 LeRoy Guillory Claim No. 08-11 Carl Bergeman Claim No. 08-12 Carmine Colarossi Claim No. 08-13 Anthony Michael Bergeman Claim No. 08-14 Scott Deere, Sr. Claim No. 08-17 Altan Aksu Claim No. 08-18 Darren Johnson Claim No. 08-19 David Ryder Claim No. 08-22 John D'Agostino Claim No. 08-23 Kathleen D'Agostino 4. CONSIDERATION OF CLAIM OF THE HEIRS OF ESTEBAN SAMORA, CLAIM NO. 08-20 The Attorney for the Claimants reported that there was an accident on the northbound I-5 freeway and one of the vehicles erupted into flames after the collision, causing fatal injuries to the driver. The Claim alleges negligence and negligent deployment of the City of Tustin Police and Fire Department, and failure to timely respond and provide life saving assistance upon arrival. Recommendation: That the City Council deny Claim Number 08-20, Heirs of Esteban Samora, and direct Staff to send notice thereof to the Claimant's Attorney. The individual Claimants are listed as follows: Mary Campos (Mother of Esteban Samora) Tanya Gonzales, (Spouse of Esteban Samora) John Samora (Father of Esteban Samora) Tanya Gonzales (as Guardian Ad Litem for Minor Children) Esteban Samora, Jr. The Estate of Esteban Samora 5. NUMBER SKIPPED 6. PLANNING ACTION AGENDA- MAY 13, 2008 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. City Council Meeting May 20, 2008 Agenda Page 3 of 6 7. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE HEWES AVENUE WATER MAIN REPLACEMENT PROJECT FROM VALE AVENUE TO FAIRHAVEN AVENUE (CIP NO. 6161) The plans and specifications for the Hewes Avenue Water Main Replacement Project from Vale Avenue to Fairhaven Avenue (CIP No. 6161) have been prepared and the project is now ready to be bid. A notice of Exemption has been recorded with the County of Orange for this project as statutorily exempt under the California Environmental Quality Act (CEQA). Recommendation: Approve a supplemental appropriation of funds from the Water Enterprise CIP (Fund No. 73) in the amount of $250,000, adopt Resolution No. 08-30 approving the plans and specifications for the Hewes Avenue Water Main Replacement Project from Vale Avenue to Fairhaven Avenue (CIP No. 6161), and authorize and direct the City Clerk to advertise for bids. 8. FIRST QUARTER 2008 -SOLID WASTE CONTRACT STATUS REPORT CR&R has made significant progress implementing the new solid waste contract while overcoming some transitional issues and is continuing to improve recycling programs to achieve the contractually required 50% diversion requirement. Recommendation: Receive and file report. 9. DECLARATION OF SURPLUS VEHICLES EQUIPMENT Declare the City equipment as detailed in the attached report as surplus in accordance with Section 1626a (2) of the Tustin City Code and authorize their sale at public auction. Recommendation: Declare the equipment detailed in the attached report as surplus and not required for public use, in accordance with the Tustin City Code, Section 1626a (2) and authorize the Public Works Department to sell the equipment at public auction. 10. SURPLUS EQUIPMENT SALES REPORT Notice of the sale of surplus equipment at public auction in accordance with Section 1626 of the Tustin Municipal Code. Recommendation: Receive and file report. City Council Meeting May 20, 2008 Agenda Page 4 of 6 REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 13) 11. "IN GOD WE TRUST" NATIONAL MOTTO At the City Council meeting of April 1, 2008, the Council voted (5-0) to continue discussion of matter to a future date to prepare a more detailed agenda report giving historical context and suggest a manner of display that would be educational and accessible to the public. Recommendation: Pleasure of the City Council. 12. LEGISLATIVE REPORT -SENATE BILL 375 (STEINBERG) Senate Bill 375 (Steinberg) would require regional transportation planning agencies to include a sustainable communities strategy in their regional transportation plans and would offer incentives to implement the strategy. SB 375 also would streamline the environmental review process for projects when the local jurisdiction's general plan conforms to the sustainable communities strategy or when a project can be declared a "Sustainable Communities' Project". However, these requirements and incentives impose additional restrictions on local land use planning and effectively mandate that local jurisdictions comply with the sustainable communities strategy by tying funding sources to compliance with the strategy. Recommendation: That the City Council take a position to oppose SB 375 and direct staff to transmit the attached letter of opposition to Senator Steinberg. 13. LEGISLATIVE REPORT - ASSEMBLY BILL 2280 (SALDANA AND CABALLERO) Assembly Bill 2280 (Saldana and Caballero) would amend the existing density bonus law by clarifying the intent of the law and rectifying some issues associated with current law. A copy of the bill is included in report. Recommendation: That the City Council take a position to support AB 2280 and direct staff to transmit the attached letter of support to Senators Saldana and Caballero. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council City Council Meeting May 20, 2008 Agenda Page 5 of 6 ADJOURNMENT - The next regular meeting of the City Council is scheduled for Tuesday, June 3, 2008 at 5:30 for Closed Session and 7:00 p.m. for the Regular Business Meeting in the Council Chamber, 300 Centennial Way, Tustin, California. City Council Meeting May 20, 2008 Agenda Page 6 of 6