HomeMy WebLinkAbout01 CC MINUTES 2008 05 20 06-03-08MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
MAY 20, 2008
CALLED TO ORDER MEETING #2188 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT -None
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
AGENDA ITEMS ADDED
At the City Attorney's request, motion that there is an immediate need to take action on
two matters and that need arose after the posting of the Agenda and the following items
should be added to the Agenda:
B. CONFERENCE WITH LEGAL COUNSEL -POTENTIAL LITIGATION pursuant to
Government Code Section 54956.9 - 2 cases
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to add items to Closed Session. Motion carried 5-0.
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session with all
members present.
City Council Meeting May 20, 2008
Minutes Page 1 of 7
PUBLIC MEETING
CALL TO ORDER MEETING #2188 AT 7:00 P.M.
INVOCATION -Father John Block, St. Cecilia's Church
PRESENTATION OF THE COLORS AND PLEDGE OF ALLEGIANCE -Tustin Girl
Scouts Flag Patrol
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert, Councilmembers
Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland added 2 items. Council did not
take any reportable action.
PRESENTATIONS
• Orange County Fire Authority to present a Letter of Commendation to Tustin
Police Officers Brian Choe and Mark Hocevar
• Presentation by Deidre BigOC Sanitation District - Biosolids Compost Use
Program
ORAL COMMUNICATION /PUBLIC INPUT -John W. Jay had concerns about code
enforcement issue along Red Hill Avenue, urged Council to expedite administrative
citation process.
CONSENT CALENDAR ITEMS -Councilmember Bone pulled item 8 for separate
discussion. It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to approve balance of the Consent Calendar items as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF MAY 6, 2008
Motion: Approve the Regular City Council Meeting Minutes of May 6, 2008.
City Council Meeting May 20, 2008
Minutes Page 2 of 7
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: 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.
Motion: 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:
City Council Meeting May 20, 2008
Minutes Page 3 of 7
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.
Motion: Receive and file.
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).
Motion:
7.a. Approve a supplemental appropriation of funds from the Water Enterprise
CIP (Fund No. 73) in the amount of $250,000; and
7.b. Adopt resolution; and
RESOLUTION NO. 08-30 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE HEWES AVENUE WATER MAIN
REPLACEMENT PROJECT FROM VALE AVENUE TO FAIRHAVEN
AVENUE (CIP NO. 6161), AND AUTHORIZING ADVERTISEMENT
FOR BIDS
7.c. Authorize and direct the City Clerk to advertise for bids.
8. FIRST QUARTER 2008 -SOLID WASTE CONTRACT STATUS REPORT
City Council Meeting May 20, 2008
Minutes Page 4 of 7
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.
Councilmember Bone requested clarification on diversion requirements. Joe
Meyers, Administrative Services Manager provided information. Suggested
video to educate residents on recycling. Complemented staff and CR&R on
efforts.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to receive and file report. Motion carried 5-0.
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.
Motion: 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.
Motion: Receive and file report.
REGULAR BUSINESS ITEMS
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.
Dr. Ann Davert spoke in opposition to display. Council discussion ensued.
Thanked Millennium Exchange Club for display.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
City Council Meeting May 20, 2008
Minutes Page 5 of 7
Palmer, to approve display of National, State, and City mottos at City Hall next
to the "Freedom Shrine" that already displays copies of historical documents.
Motion carried 5-0.
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to oppose SB 375, direct staff to transmit a letter of
opposition to Senator Steinberg, and submit copies of letter to SCAG, and other
agencies. Motion carried 5-0.
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone, to support amendment to AB 2280 and direct staff to
transmit a letter of support to Senators Saldana and Caballero. Motion carried
5-0.
14. LEGISLATIVE REPORT -MISCELLANEOUS
The City Council by unanimous consent added legislative matter to the Agenda
by a 5-0 vote.
Mayor Amante requested a letter of support on 241 Toll Road extension.
Motion: It was moved by Councilmember Bone, seconded by Councilmember
Palmer, to send a letter of support to Secretary of Commerce Carlos
Gutierrez. Motion carried 5-0.
City Council Meeting May 20, 2008
Minutes Page 6 of 7
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Invited all to attend upcoming Chili Cook-off; and
• Encouraged everyone to recycle.
Councilmember Palmer:
• Memorial Day is a time to remember those who died for our country which allows
Council to represent their community.
Councilmember Bone:
• LOSAN Railroad Track report -Orange County Transportation Authority gave
presentation on coordination of Coaster, Amtrak &Metrolink services, Tustin could
have Amtrak stop;
• Southern California Association of Governments report -approved RTP; sent letter to
Congress and Senators on support of toll road extension;
• Metrolink to begin random baggage checks on June 16th at all stations, directed by
Homeland Security; break-ins at ticket machines in Riverside; Tustin will have 138
trains a day by January 2010;
• Orange County Vector Control says West Nile virus once again a threat in the County,
please report any dead birds by calling the Vector Control; and
• Congratulated David Wilson on being appointed as Parks and Recreation Services
Director
Mayor Pro Tem Davert:
• Echoed comments by other Councilmembers' on the Chili Cook-off, Memorial Day and
congratulations to David Wilson on recent appointment;
• Encouraged all to vote on June 3ra;
• Congratulated Teachers of the Year recently honored;
• Council working with Audit Commission and interfacing with independent auditors on
new accounting and auditing standards; and
• Budget workshops coming up, will keep in mind State and Federal budget issues.
Mayor Amante:
• Audit Commission, Treasurer and Finance staff perform critical and important role to
taxpayers;
• Looks forward to seeing everyone at Chili Cook-off, encouraged all to attend; and
• Commented on trains coming through Tustin, ensured Quiet Zone to be in place by
2009.
ADJOURNMENT - 8:15 p.m. -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
Minutes Page 7 of 7