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HomeMy WebLinkAboutCC MINUTES 2008 08 05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA AUGUST 5, 2008 CALLED TO ORDER MEETING #2193 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 - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) -Three (3) potential cases B. 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 August 5, 2008 Minutes Page 1 of 12 REGULAR BUSINESS MEETING CALL TO ORDER -MEETING #2193 AT 7:02 P.M. INVOCATION -Father Koi Pham, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Tony Kawashima ROLL CALL Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and 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 -Nothing to report. PRESENTATIONS • Proclamation presented by Mayor Amante to Mary Zamora of Rose Marie Draperies for her 47 years of successful business in the City of Tustin • Proclamation presented by Mayor Amante to Bryan Glassman for his invaluable service on the Community Services Commission • Proclamation presented by Mayor Amante to John Nielsen for his invaluable service on the Planning Commission • Presentation by Don Ropele regarding Tustin Street Fair and Chili Cook-Off Event ORAL COMMUNICATION/PUBLIC INPUT • Bob McOrd inquired as to status of Newport Avenue extension; spoke on recent changes to trash billing and wanted reassurance that bill will not appear on property taxes • Erin Nielsen representing Tustin Community Foundation reminded residents that donation forms are included in water bills, and their website will promote local non- profit organizations • David Forster, videoed council to use on comedy skid for Calvary Church of Santa Ana City Council Meeting August 5, 2008 Minutes Page 2 of 12 AGENDA ITEM TAKEN OUT OF ORDER 21. REQUEST FOR FEE WAIVER PERMIT FOR THE TUSTIN PUBLIC SCHOOLS FOUNDATION 2008 DINOSAUR DASH The Tustin Public Schools Foundation has requested a waiver of staff costs, equipment rental and permit fees for the 2008 Dinosaur Dash, which will be held on Sunday, November 2, 2008. Bill Pevehouse addressed the council and requested continued support of the Dino Dash. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to grant a fee waiver of $5,400 representing 50% of staff costs and equipment and issue a permit for the 2008 Dinosaur Dash. Motion carried 5-0. RECESSED CITY COUNCIL MEETING AT 7:35 P.M. AND CALLED TO ORDER A JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY PUBLIC HEARING JT.1. SECOND FIVE-YEAR IMPLEMENTATION PLAN FOR THE MCAS TUSTIN REDEVELOPMENT PROJECT AREA FOR FISCAL YEARS 2008-2009 TO 2012-2013 Redevelopment Agency and City Council approval is requested of the Second Five-Year Implementation Plan for the MCAS Tustin Redevelopment Project Area for Fiscal Years 2008-2009 to 2012-2013. Staff report presentation by Jerry Craig, Redevelopment Program Manager Public Hearing opened at 7:45 p.m. There were no public speakers and the Hearing closed at 7:46 p.m. Motion: Redevelopment Agency Action: 1. It was moved by Chair Pro Tem Davert, seconded by Agency Member Bone, to adopt resolution. Motion carried 5-0. RDA RESOLUTION NO. 08-04 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, City Council Meeting August 5, 2008 Minutes Page 3 of 12 CALIFORNIA, APPROVING THE SECOND FIVE YEAR IMPLEMENTATION PLAN FOR THE MCAS TUSTIN REDEVELOPMENT PROJECT AREA FOR FISCAL YEARS 2008-2009 TO 2012-2013 City Council Action: 1. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 08-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SECOND FIVE YEAR IMPLEMENTATION PLAN FOR THE MCAS TUSTIN REDEVELOPMENT PROJECT AREA FOR FISCAL YEARS 2008-2009 TO 2012-2013 ADJOURNED JOINT MEETING AND RECONVENED TO THE REGULAR CITY COUNCIL MEETING AT 7:47 P.M. PUBLIC HEARING ITEM 2. PUBLIC HEARING: SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS) grant program. Proceeds from the program can only be used for front line law enforcement services that may include the purchase of new equipment, hiring of additional personnel and increasing the opportunity for training of safety personnel. This year, we have been notified that the Police Department is to receive no less than $121,000 and no more than $135,000 in SLESF funding. The Police Department is proposing to staff Crime Analyst position for third consecutive year and purchase portable Motorola emergency radios. Staff report presentation by Police Chief Jordan Public Hearing opened at 7:47 p.m. There were no public speakers and the Hearing closed at 7:47 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Bone, to authorize usage of the funds as recommended by the Police Department. Motion carried 5-0. City Council Meeting August 5, 2008 Minutes Page 4 of 12 CONSENT CALENDAR ITEMS - Councilmember Bone pulled Item 6 for separate discussion. City Attorney Holland reported that a revised letter has been prepared and will be mailed regarding Item 16. It was moved by Mayor Pro Tem Davert, seconded by Councilmember Palmer, to approve the balance of the Consent Calendar items as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES -REGULAR MEETING OF JULY 15, 2008 Motion: Approve the Regular City Council Meeting Minutes of July 15, 2008. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $944,454.03, $928,795.24, and $4,128,697.40; and Payroll in the amount of $715,359.64 and $728,109.15. 5. PLANNING ACTION AGENDA -JULY 22, 2008 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Motion: Receive and file. 6. AUTHORLZATION''' TO ADVERTISE FOR BIDS FOR THE GRAFFITI REMOVAL PROGRAM The City's contract with Graffiti Control Systems expires on November 20, 2008. To continue the City's graffiti removal program, it is necessary for the City Council to authorize staff to advertise for contractor bids. Motion: It was moved by Councilmember Bone, seconded by Mayor Pro Tem Davert, to authorize and direct the Community Development Director to advertise for contractor bids to continue implementation of the City's graffiti removal program. Motion carried 5-0. 7. CONSIDERATION OF CLAIM OF SOUTHERN CALIFORNIA EDISON, CLAIM NO. 07-35 It is stated in this Claim that unknown City of Tustin contractors struck and damaged Southern California Edison underground structures during their construction. The reported cost to repair and/or replace the Claimant's damaged facilities is $64,813.15. Motion: Deny Claim Number 07-35, Southern California Edison, and direct Staff to send notice thereof to the Claimant. City Council Meeting August 5, 2008 Minutes Page 5 of 12 8. CONSIDERATION OF CLAIM OF ALAN A. MANNASON, NO. 08-16 The Attorney for the Claimant has filed this Claim with the statement, "This claim is for indemnity and contribution for personal injury claim of Sean Whiteley". This pertains to an auto versus pedestrian accident in which the Claimant's vehicle struck a City of Tustin Police Officer. Motion: Deny Claim Number 08-16, Alan A. Mannason, and direct Staff to send notice thereof to the Claimant's Attorney. 9. CONSIDERATION OF CLAIM OF KATHLEEN DARILYN FINN, NO. 08-27 The Claimant reported that a large paint spill and freshly painted lettering across traffic lanes spattered thick white paint over the passenger side of her car. This occurred on Jamboree Road on February 27, 2008 - it was dark outside at the time and the paint spill was not discovered until morning. The cost to have the paint removed from the Claimant's vehicle was $109.95. Motion: Deny Claim Number 08-27, Kathleen Darilyn Finn, and direct Staff to send notice thereof to the Claimant. 10. DESTRUCTION OF RECORDS -CITY CLERK'S OFFICE Resolution No. 01-91, the Record Retention/Disposition Schedule, permits destruction of records and documents which meet certain criteria with the approval of the City Attorney and the City Council. Motion: Adopt resolution. RESOLUTION NO. 08-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE CITY CLERK OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE TUSTIN SENIOR CENTER ROOF REPLACEMENT PROJECT (CIP NO. 1032) The plans and specifications for the Tustin Senior Center Roof Replacement Project (CIP No. 1032) 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 is categorically exempt under California Environmental Quality Act (CEQA) requirements. City Council Meeting August 5, 2008 Minutes Page 6 of 12 Motion: Adopt resolution. RESOLUTION NO. 08-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN SENIOR CENTER ROOF REPLACEMENT PROJECT (CIP 1032) 12. APPROVAL OF QUITCLAIM DEEDS (TEMPORARY CONSTRUCTION EASEMENTS) IN CONJUNCTION WITH THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) The Quitclaim Deeds from the City of Tustin for fifteen properties will remise, release and forever Quitclaim temporary construction easements acquired for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118). The temporary construction easements were necessary to construct the improvements for the subject project. Motion: Approve the Quitclaim Deeds for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP No. 7118), authorize the Mayor and City Clerk to execute the Quitclaim Deeds on behalf of the City, and direct the City Clerk to record all of the documents with the Orange County Recorder. 13. AMENDMENT NO. 2 TO AGREEMENT NO. D99-128 TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) STUDIES IN THE NEWPORT BAY WATERSHED Amendment No. 2 to Cooperative Agreement No. D99-128 will extend the term of Agreement No. D99-128 an additional two years. Agreement No. D99- 128 provides for the joint funding of Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Clear Water Act and the Municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit as adopted by the Santa Ana Regional Water Quality Control Board. Motion: Approve Amendment No. 2 to Agreement No. D99-128 "Agreement to Fund Nutrient, Fecal Coliform, and Toxics Total Maximum Daily Load (TMDL) Studies in the Newport Bay Watershed' and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 14. POLICE DEPARTMENT: AUTHORIZATION TO PURCHASE ONE KUSTOM SIGNALS, INC. SMART 850 MOBILE RADAR SPEED TRAILER City Council Meeting August 5, 2008 Minutes Page 7 of 12 Motion: Approve the purchase of one (1) Smart 850 Mobile Radar Speed Trailer to Kustom Signals, Inc. Lenexa, KS, in the amount of $7,083.56. 15. POLICE DEPARTMENT VEHICLE PURCHASES AND CONVERSION PACKAGES Motion: 15.a. Approve the purchase of four (4) 2008 Police Package Dodge Chargers from McPeek's Dodge of Anaheim, California in the amount of $98,669.35 (Including tax, license, and delivery); and 15.b. Approve the purchase of equipment conversion packages from North Star Electronics in Downey, California in the amount of $43,254.26. The total conversion cost includes the purchase and installation of safety lighting system to equip ten (10) existing Dodge Charger patrol vehicles due to officer safety and visibility issues. 16. RESPONSE TO REQUEST FOR COMMENTS ON LONG RANGE ACADEMIC AND FACILITY PLANS FOR THE ADVANCED TECHNOLOGY EDUCATION CAMPUS (ATEP) AND INITIAL STUDY The South Orange County College District (SOCCCD) has requested comments on their Long Range Academic and Facility Plans for the Advanced Technology Education Campus (ATEP) and on an Initial Study evaluating the environmental impacts of the Long Range Plan. Motion: Authorize transmittal to South Orange County Community College District of attached comment letters on the Long Range Academic and Facility Plans for the Advanced Technology Education Campus (ATEP) and Initial Study. *City Attorney Holland reported that a revised letter has been prepared. 17. "TUSTIN TOWN CENTER, NEW BEGINNINGS" STUDY UPDATE A request has been received for an update on the status of the "Tustin Town Center, New Beginnings" Study. Motion: No action required at this time. 18. AUTHORIZATION TO SOLICIT BIDS FOR TWO RIGHT-DRIVE TRUCKS FOR WATER SERVICES DIVISION'S METER READING ACTIVITIES City Council Meeting August 5, 2008 Minutes Page 8 of 12 Authorize City staff to solicit bids for the acquisition of two (2) right-drive trucks required for the City of Tustin's meter reading service. Motion: Authorize the City Clerk to advertise and solicit bids from qualified vendors for the acquisition of two (2) right-drive trucks. 19. AUTHORIZATION TO PURCHASE METER READING EQUIPMENT Authorize City staff to purchase meter reading equipment and software for use by the Finance Department. The equipment would be used by the meter readers (new position) in the performance of their duties. The City currently contracts the meter reading service with Alexander's Inc., which will be discontinued when the City's meter reading service is ready for deployment. Motion: 19.a. Authorize the Finance Department to purchase the ITRON meter reading equipment from Inland Water Works Supply Co. in the amount of $26,000, which includes $1,080 for the first year's maintenance; and 19.b. Appropriate $13,000 from the unappropriated reserves of the Water Operations Fund. REGULAR BUSINESS ITEMS 20. SET INTERVIEW DATE FOR VACANCIES ON PLANNING AND COMMUNITY SERVICES COMMISSIONS Staff is requesting that the City Council set a date and time to conduct interviews to fill unexpired terms on the Planning and Community Services Commissions. Set September 2, 2008 at 5:00 p.m. as the date and time to conduct interviews and select a member to the Planning and to the Community Services Commissions. 21. AGENDA ITEM TAKEN OUT OF ORDER 22. APPROVAL OF PERMIT PARKING ON RAWLINGS WAY, WEST OF TUSTIN RANCH ROAD, FOR LADERA ELEMENTARY SCHOOL PERSONNEL ONLY A request by the Tustin Unified School District (TUSD) has been received to provide parking on Rawlings Way, west of Tustin Ranch Road, due to a lack City Council Meeting August 5, 2008 Minutes Page 9 of 12 of existing on-site parking capacity at Ladera Elementary School to support a large Special Needs Program at this location. As a result, this has substantially increased parking demand for school personnel within the existing school parking lot. Consequently, "restricted' permit parking is recommended for implementation on the south side of Rawlings Way, west of Tustin Ranch Road, for use by Ladera Elementary School personnel only (i.e. teachers and staff members). Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Palmer, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 08-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PERMIT PARKING ON THE SOUTH SIDE OF RAWLINGS WAY, WEST OF TUSTIN RANCH ROAD, FOR USE BY LADERA ELEMENTARY SCHOOL PERSONNEL ONLY 23. OPPOSITION TO FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS Councilman Bone requested that Resolution No. 08-55 be considered by the City Council in light of discussions in the State Legislature about diverting additional local government income in order to balance the State budget. Based on the latest estimates, the City of Tustin would lose approximately $3.2 million in income in fiscal year 2008-09, if the State enacted the "borrowing" provision of Proposition 1 A. Motion: It was moved by Councilmember Palmer, seconded by Councilmember Kawashima, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 08-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS 24. LEGISLATIVE REPORTS -MISCELLANEOUS Staff has prepared two (2) agenda reports that discuss the following legislative items: • AQMD PROPOSED RULE 2301 -CONTROL OF EMISSIONS FROM NEW OR REDEVELOPMENT PROJECTS City Council Meeting August 5, 2008 Minutes Page 10 of 12 The Air Quality Management District is currently drafting Proposed Rule 2301 to develop a regulatory approach that will ensure that development and redevelopment projects are consistent with clean air goals for the region. Staff recommends that the City Council take no action at this time. • PROP. 10: THE CALIFORNIA RENEWABLE ENERGY AND CLEAN ALTERNATIVE FUEL ACT Proposition 10 will be on the November 2008 ballot and is intended to implement new programs to encourage the use of alternative fuels and alternative energy sources. The measure authorizes the issuance of $5 billion in bonds. Staff is recommending that the City Council oppose the measure due to the burden the bond financing will place on the State's General Fund. Staff recommends that the City Council oppose Proposition 10 due to the burden that the bond measure and program implementation will place upon the State of California's General Fund. SB974 (Lowenthal) -Mayor Amante requested follow up report that would levy a $30 fee per loaded twenty-foot equivalent container of goods coming though the ports of Long Beach, Los Angeles, and Oakland to address transportation congestion and air quality impacts related to goods movement. 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 Palmer, to support staff recommendations. Motion carried 5- 0. OTHER BUSINESS /COMMITTEE REPORTS Councilmember Palmer: • Re-elected as Vice Chair of the Orange County Community Resource Department and Chair of subcommittee handling distribution of HUD funds to member cities; and • Orange County Library Board adopted language for RFP to look at overall allocation of funds to libraries. Councilmember Bone: • Orange County Vector Control update - 2/3 of West Nile virus cases in state are in Orange County, 13 cities have brown widow spiders that can be found in closed areas; • Orange County Council of Governments report -asked that staff provide comments City Council Meeting August 5, 2008 Minutes Page 11 of 12 on Regional Comprehensive Plan to SCAG; • Metrolink received another engine, totaling 3 new engines to date, new fleet by January; and • Water Advisory Committee of Orange County report -Governor & Senator Feinstein promoting a new water bond for $9.3 billion. Mayor Pro Tem Davert: • Orange County Sanitation District report -Ground Water Replenishment Project being recognized nationally, to be recipient of Stockholm Industry Water Award; • Orange County Fire Authority preparing for fire season, welcomed Chief Kirk Wells in the audience; • Reminded everyone that 2"d meeting in August is being cancelled; and • Recognized Mayor's efforts earlier today, held press conference along with neighboring elected officials regarding Sacramento's proposal to take local funds. Mayor Amante: • Thanked Mayor Pro Tem Davert, Councilmembers Bone & Palmer and staff for efforts in helping with press conference held earlier today, sending strong message to legislature; • Along with Mayor Pro Tem Davert, attended Orange County Fire Authority Family BBQ, congratulated Davert on appointment to Vice Chair; • Thanked city staff for short notice in putting together press conference; and • Travelling to Washington, DC with Transportation Corridor Agency to receive Federal grant award to complete 241 Toll Road. ADJOURNED - 8:09 P.M. -The next meeting of the City Council is scheduled for -I"uesday, September 2, 2008 at 5:00 for a Special Meeting; 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. AMELA STOK City Clerk City Council Meeting August 5, 2008 Minutes Page 12 of 12