HomeMy WebLinkAbout00 CC AGENDA 7-15-08
CITY OF TUSTIN JULY 15, 2008
REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL 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
items were received for the July 15, 2008 meeting of the City
Council. (Agenda Items A and B)
CALL TO ORDER
– Meeting #2192
ATTENDANCE
PUBLIC INPUT
– Members of the public may address the City Council on items on the
Closed Session Agenda.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL – EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)3.E – Two (2) Cases
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) – Two (2) potential cases
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.
REGULAR BUSINESS MEETING
7:00 P.M.
CALL TO ORDER – Meeting #2192
INVOCATION - Father Christopher Block, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE
–Mayor Pro Tem Davert
ROLL CALL – City Clerk
CLOSED SESSION REPORT – City Attorney
PRESENTATIONS
• Certificates of Recognition presented by Mayor Amante to the following Tustin Youth
Tennis Team members for winning the United States Tennis Association’s 12 and
under California State Championship:
Head Coach, Fabian Grassini
Markus Dinh Doehler; Andy Jung Hwang; Luis Castillo; Peter Collins; Isaac Altuna;
Karina Oelerich; Sajel Oelerich; Jake Dickson; Karina Zell
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. If the item you wish to speak on is a public hearing, you may wish to
wait until the Council considers that item.
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 6)
1. APPROVAL OF MINUTES – REGULAR MEETING OF JULY 1, 2008
Recommendation: Approve the Regular City Council Meeting Minutes of July 1,
2008.
City Council Meeting July 15, 2008
Agenda Page 2 of 7
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $1,760,156.13,
$1,079,417.21, and $282.15; Reversals in the amount of $3,256.77; and Payroll
in the amount of $717,801.88.
3. PLANNING ACTION AGENDA – JULY 8, 2008
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Recommendation: Receive and file.
4. CANCELLATION OF AUGUST 19, 2008 CITY COUNCIL AND
REDEVELOPMENT AGENCY MEETINGS
The August 19, 2008 City Council and Redevelopment Agency meetings will be
cancelled due to lack of quorum.
Recommendation: The City Council hereby waives notice of said meetings as
required by Government Code Section §54954 and directs the City Clerk to post
a Notice of Cancellation for the regularly scheduled Council and Redevelopment
meetings of August 19, 2008.
5. AWARD OF CONTRACT FOR CONSTRUCTION OF THE HEWES AVENUE
WATER MAIN REPLACEMENT PROJECT FROM VALE AVENUE TO
FAIRHAVEN AVENUE (CIP NO. 6161)
Bids were received by the City from qualified contractors for the construction of
the Hewes Avenue Water Main Replacement Project from Vale Avenue to
Fairhaven Avenue (CIP No. 6161). A bid opening was held at City Hall on July 1,
2008. Staff has vetted the bid information submitted by VCI Telcom, Inc., dba
VCI Construction, and determined that they are the lowest responsible bidder.
Recommendations:
5.a. Award the contract for the construction of the Hewes Avenue Water Main
Replacement Project (CIP No. 6161) to VCI Telcom, Inc., (dba VCI
Construction) in the amount of $108,000; and
5.b. Authorize the Mayor and the City Clerk to execute the contract documents
on behalf of the City.
City Council Meeting July 15, 2008
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6. 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.
REGULAR BUSINESS ITEMS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 7 through 10)
7. APPROPRIATING FUNDS AND LIMITS FOR VARIOUS CITY BUDGETS FOR
THE FISCAL YEAR 2008/2009
The City Council is requested to approve resolution adopting the budgets for the
City, the Water Enterprise and the Tustin Legacy Enterprise for Fiscal Year
2008/2009. Article XIIIB of the State Constitution requires each City to annually
adopt a limit on appropriations for all governmental funds. The following
recommendations and attached worksheets are based on the Proposed Budget
as presented to the City Council.
Recommendations:
7.a. Approve Resolution No. 08-49 adopting the City budget and appropriating
from the anticipated revenues of the City for fiscal year 2008/2009
Governmental Funds of $80,182,800; Special Revenue Funds, $50,046,600;
Water Enterprise Funds, $32,753,400; Tustin Legacy Enterprise Fund of
$5,029,800; and the City's FY 2008/2009 Classification/Compensation Plan.
RESOLUTION NO. 08-49 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET
AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE
CITY FOR THE FISCAL YEAR 2008-2009
7.b. Select the change in the California per Capita Personal Income as the price
factor for adjusting the 2008/2009 appropriation limit; and
7.c. Adopt resolution setting the appropriation limit for Fiscal Year 2008/2009 at
$62,622,954.
RESOLUTION NO. 08-50 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN
APPROPRIATION LIMIT FOR THE FISCAL YEAR 2008-2009 IN
ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE
STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT
CODE
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8. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE
Recommendation: Consistent with League bylaws, appoint a Voting
Delegate and an Alternate for the League of California Cities' Annual
Business Meeting scheduled for Saturday, September 27, 2008.
9. LEGISLATIVE REPORTS – MISCELLANEOUS
Staff has prepared five (5) agenda reports that discuss the following legislative
items:
• SB303 (Ducheny) - Local government: land use planning.
Existing law requires designated transportation planning agencies to
prepare and adopt a regional transportation plan that includes a policy
element, an action element, and a financial element. The plan is
required to be directed at achieving a coordinated and balanced
Regional Transportation Plan (RTP). Senate Bill (SB) 303 would
require a transportation planning agency with a population exceeding
200,000 persons to: (a) prepare an initial planning scenario and an
alternative planning scenario, (b) adopt and publish procedures
governing the preparation and adoption of the initial planning scenario
and the alternative planning scenario, and (c) submit, at least 90 days
prior to circulation of the draft regional transportation plan, the initial
planning scenario and the alternative planning scenario and
accompanying report to the State Air Resources Board. SB 303 also
includes revisions to the Housing Element Law by requiring cities to
rezone properties within certain time period.
Staff recommends that the City Council take a position to oppose SB
303 and direct staff to transmit the attached letter of opposition to
Senator Ducheny.
• AB2112 (Saldana and Lieu) - Energy: building standards.
State Assembly Bill 2112 would authorize the California Energy
Commission (CEC) to adopt building standards requiring that all new
residential construction be "zero net energy buildings" by 2020.
Staff recommends that the City Council oppose AB2112 and authorize
staff to transmit the attached letter to the author and local legislators.
• HR3121 (Congresswoman Maxine Waters, D-CA) - Mandated flood
Insurance.
If approved, proposed House of Representatives (H.R.) 3121 would
authorize the National Flood Insurance Program (NFIP) of the Federal
Emergency Management Agency (FEMA) to enter into and renew
flood insurance policies through 2013. The changes proposed would
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extend the mandatory purchase of flood insurance, where it is not
currently required, affecting an unknown number of properties located
in Tustin that would be designated as "an area having special flood
hazards were it not for the existence of a structural flood protection
system," such as Prado Dam. On June 3, 2008, the Tustin City
Council directed staff to transmit the attached letter of opposition to
H.R. 3121. On July 1, 2008, the City Council requested staff to provide
an update on the status of the bill.
Staff recommends - Pleasure of the City Council.
• US Senate Bill 1499 (S. 1499), Marine Vessel Emissions Reduction
Act.
S. 1499 would require tougher pollution controls for ocean-going and
container ships. S. 1499 and its companion bill, United States House
of Representatives Bill 2548 (H.R. 2548), would require the U.S.
Environmental Protection Agency to reduce the sulfur content of fuel
used by domestic and foreign ocean-going ships calling at all U.S.
ports and set standards requiring the maximum degree of emission
reductions achievable in new and existing engines for all domestic and
foreign ocean-going ships calling on U.S. ports.
Staff recommends that the City Council take a position to support S.
1499 and direct staff to transmit the attached letter of support to
Senator Barbara Boxer.
• AB844 (Berryhill and Maze) - Junk dealers and recyclers: nonferrous
material.
AB844 is proposed to amend prior law related to California Junk
Dealers. The Bill is considered emergency legislation that addresses
the rising state and national problem concerning theft of certain
nonferrous materials.
Staff recommends - Pleasure of the Council.
As requested, staff will continue to monitor AB387 (Duvall) – Design build
contracts for transit projects and return to Council when position is required.
Additionally, Council may request staff to prepare informational reports, and/or
letters of support/opposition on legislative matters that are time-sensitive and
were not agendized.
Recommendation: Pleasure of the City Council.
City Council Meeting July 15, 2008
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10. PROPOSITION 7 ON THE NOVEMBER 4, 2008 BALLOT - “RENEWABLE
ENERGY. STATUTE – SOLAR AND CLEAN ENERGY ACT OF 2008”
Proposition 7 known as the “Renewable Energy” - Solar Clean Energy Act of
2008 has recently qualified for the November 2008 ballot. This item has been
placed on the agenda at the request of Mayor Amante. A resolution of
opposition was prepared at his direction for consideration by the City Council
Recommendation: Pleasure of the City Council.
OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council
ADJOURNMENT – The next meeting of the City Council is scheduled for Tuesday, August
5, 2008 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 Meeting July 15, 2008
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