HomeMy WebLinkAbout03 CC MINUTES 2008 07 15 08-05-08MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JULY 15, 2008
CALLED TO ORDER MEETING #2192 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 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
AGENDA ITEM ADDED
At the City Attorney's request, motion that there is an immediate need to take action on
a matter and that need arose after the posting of the Agenda and the following item
should be added to the Agenda:
C. 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
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 same
members present.
City Council Meeting July 15, 2008
Minutes Page 1 of 8
REGULAR BUSINESS MEETING
CALL TO ORDER MEETING #2192 AT 7:00 P.M.
INVOCATION -Mayor Pro Tem Davert
PLEDGE OF ALLEGIANCE -Mayor Pro Tem Davert
ROLL CALL
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
CLOSED SESSION REPORT -Nothing to report.
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; and team
members: Markus Dinh Doehler; Andy Jung Hwang; Luis Castillo; Peter Collins;
Isaac Altuna; Karina Oelerich; Sajel Oelerich; Jake Dickson; and Karina Zell
ORAL COMMUNICATION /PUBLIC INPUT
• David Forster, representing Calvary Church on Tustin Avenue requested authority to
tape a skit in the Chamber.
• Deborah Gartner, discussed issues with Tustin softball league. Mayor Amante
indicated that City would review issue and be in contact with her.
CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to approve Consent Calendar items as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES -SPECIAL AND REGULAR MEETINGS OF JULY 1,
2008
City Council Meeting July 15, 2008
Minutes Page 2 of 8
Motion: Approve the Special and Regular City Council Meetings Minutes of July
1, 2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: 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.
Motion: 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.
Motion:
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
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5.b. Authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
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.
Motion: Receive and file.
REGULAR BUSINESS ITEMS
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to:
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
City Council Meeting July 15, 2008
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2008-2009 IN ACCORDANCE WITH ARTICLE XIIIB OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION
7910 OF THE GOVERNMENT CODE
Motion carried 5-0.
8. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert, to
appoint Councilmember Lou Bone as the Voting Delegate and Mayor Amante as
Alternate for the League of California Cities' Annual Business Meeting scheduled
for Saturday, September 27, 2008. Motion carried 5-0.
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.
Oppose SB 303 and direct staff to transmit letter of opposition to Senator
Ducheny and Governor.
• 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.
Oppose AB2112 and authorize staff to transmit letter to authors.
• 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
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flood insurance policies through 2013. The changes proposed would
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.
Continue to monitor HR3121.
• 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.
Support S. 1499 and direct staff to transmit 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.
Support AB844 and direct staff to transmit letter of support to authors.
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.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Bone, to support staff recommendations. Motion carried 5-0.
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
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Minutes Page 6 of 8
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to adopt Resolution No. 08-51. Motion carried 5-0.
RESOLUTION NO. 08-51 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING PROPOSITION 7
"SOLAR AND CLEAN ENERGY ACT OF 2008" ON THE NOVEMBER 4,
2008 STATE BALLOT
Councilmember Bone discussed Proposition 1, High Speed Rail $9.95 billion
Bond and requested opposition to said Proposition.
Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem
Davert, to oppose Proposition 1. Motion carried 5-0.
Councilmember Bone requested that staff return to Council with report on
Proposition 10, Alternative Fuel Vehicle and Renewable Energy $5 billion bond.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• 4th of July events were a tremendous success.
Councilmember Palmer:
• Echoed comments by Councilmember Kawashima on Ott' of July events; and
• Suggested that Planning Commission consider Katherine Spur area, as a land use
issue.
Councilmember Bone:
• Suggested that Community Services Commission also review Katherine Spur issue;
• Water Advisory Committee of Orange County report -congratulated residents on water
conservation, used 665 acre feet less than last year;
• Governor and Senator Feinstein have placed water bond on November ballot;
• Orange County Water District celebrating 75th anniversary;
• Orange County Transportation Authority tour of new Santa Ana bus depot;
• League of Cities -congratulated Mayor Amante as 1St Vice President of League;
• Congratulated Sherry Geyser's appointment to Senior Citizen Advisory Council; and
• Thanked Director of Parks and Recreation Wilson and staff for fantastic 4th of July event.
Mayor Pro Tem Davert:
• Tustin Meadows and 4th of July Fireworks celebration were great events; and
• Orange County Fire Authority report -attended graduation of 28 new firefighters from
Academy Class 34.
Mayor Amante:
• Transportation Corridor Agency report -approved budget $284.9 million -includes 56%
for servicing debt;
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• San Joaquin board also approved budget of approximately $140 million;
• Orange County Transportation Authority passed $1 billion budget; Measure M plan
includes 9 freeway projects, Metrolink expansion, many infrastructure improvements
throughout the County; Senate Bill 974 (Lowenthall) doing well in Senate, bill provides
funds for grade separations, solutions to traffic, noise, expects quiet zone at Tustin
Meadows & Tustin Legacy by Spring of 2009; and
• Congratulated staff for successful 4t" of July Celebration and thanked Tustin Meadows
for event.
ADJOURNMENT - 7:40 p.m. -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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