HomeMy WebLinkAboutCC MINUTES 2009 01 06MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JANUARY 6, 2009
CALLED TO ORDER MEETING #2202 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello, John Nielsen, 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 -CONFERENCE WITH LEGAL COUNSEL. The City
Council finds, based on advice from the City Attorney, that discussion in open session of
the following matters will prejudice the position of the City in existing and anticipated
litigation.
A. Exposure to Litigation [Government Code Section 54856.9(b)] -Two Cases
B. Initiation of Litigation [Government Code Section 54856.9(c)] -Two Cases
C. Property Negotiations Terms and Conditions of Purchase [Government Code
Section 54956.8] -One Case
Property: Property defined within the Master Developer
footprint at Tustin Legacy (the former Marine
Corps Air Station Tustin) including Reuse Plan
Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17,
25, 26, 27, 28, 29, 30, 31 and portions of Reuse
Plan Disposal Parcel 40.
City Negotiators: Christine Shingleton, Assistant City Manager
Negotiators for TLCP: Simon Whitmey and Colm Macken,
representatives for Tustin Legacy Community
Partners (TLCP)
City Council Meeting January 6, 2009
Minutes Page 1 of 10
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:
D. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION pursuant to
Government Code Section 54956.9 -Marble Mountain Partners v. City of Tustin
et al.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen, to add item 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 same
members present.
REGULAR BUSINESS MEETING
CALLED TO ORDER MEETING #2202 AT 7:01 P.M.
INVOCATION -Dane Counts, American Legion
COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE -American Legion
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello, John Nielsen, 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.
ORAL COMMUNICATION /PUBLIC INPUT - None
City Council Meeting January 6, 2009
Minutes Page 2 of 10
CONSENT CALENDAR ITEMS - Mayor Davert pulled items 5, 7, 15, and 16 for
separate discussion. It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Nielsen, to approve balance of Consent Calendar items as recommended
by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF DECEMBER 2, 2008
Motion: Approve the Regular City Council Meeting Minutes of December 2,
2008.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $1,951,227.43; Reversals in the
amount of $11,680.23; Demands in the amount of $829,263.24; $2,150,330.54;
$2,028,449.41; $2,840,673.99; $2,703,937.65; and Payroll in the amount of
$777,202.67; $739,033.97; and $723,221.91.
3. PLANNING ACTION AGENDA- DECEMBER 9, 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. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION
SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM
Each year the City Council authorizes the use of the City's annual
disbursement of Assembly Bill 2766 (AB2766) funds to offset costs for state
mandated vehicle emission reduction programs implemented by the City of
Tustin. This year the City Council is being requested to allocate the Fiscal Year
2008/2009 AB 2766 funds to fund a portion of the cost of an alternative fuel
street sweeper.
Motion:
4.a. Authorize the use of City's AB2766 disbursement to fund a portion of the
cost of an alternative fuel street sweeper; and
4.b. Authorize the City Manager to approve additional AB2766 expenditures,
consistent with Air Quality Management District guidance, throughout
the 2008/2009 program year as needed.
City Council Meeting January 6, 2009
Minutes Page 3 of 10
5. APPOINTMENT OF GEORGE W. JEFFRIES AS CITY TREASURER AND
AGREEMENT BETWEEN THE CITY OF TUSTIN AND G.W. JEFFRIES AND
ASSOCIATES, INC.
The City Council is asked to consider Resolution No. 09-01 appointing George
W. Jeffries as City Treasurer and approving his personal services agreement
for one year.
Councilmember Gavello noted for the record that the City of Tustin is the only
city in the State with a contracted City Treasurer.
Motion: It was moved by Councilmember Gavello, seconded by Councilmember
Nielsen, to:
5.a. Adopt resolution; and
RESOLUTION NO. 09-01 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING GEORGE W.
JEFFRIES AS CITY TREASURER FOR CALENDAR YEAR 2009
5.b. Authorize the Mayor to sign the Agreement for the Services of George
W. Jeffries.
Motion carried 5-0.
6. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF DOUGLAS FINNEY
Motion: Adopt resolution.
RESOLUTION NO. 09-03 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT DOUGLAS
FINNEY, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED
FROM HIS DUTIES AS A POLICE SERGEANT
7. PROPOSITION 1 B LOCAL STREETS- AND ROADS (LSR) .FUNDS. AND
AUTHORIZE STAFF TO FILE FOR DISBURSEMENT WITH THE STATE
DEPARTMENT OF FINANCE
Proposition 1 B Local Streets and Roads (LSR) funds have been allocated by
the California State Legislature and include $187 million for cities in Fiscal Year
2008-09. Unfortunately, the City has recently been informed by the League of
California Cities that due to the current budget crisis the State of California is
experiencing, the State Controller's Office has frozen all distribution of
Proposition 1 B LSR funds. However, adoption of Resolution No. 09-02 will
City Council Meeting January 6, 2009
Minutes Page 4 of 10
allow the City to provide the necessary documentation to the State to secure
the City's portion of these funds, in the amount of $1,078,434.18, in Fiscal Year
2008-09 and promptly receive its allocation once the funds are released for
distribution.
Mayor Pro Tem Amante commented on State deficit and impact on City
governments.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen, to:
7.a. Adopt resolution; and
RESOLUTION NO. 09-02 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION 08-49,
THE CAPITAL IMPROVEMENT BUDGET APPROPRIATION FOR FISCAL
YEAR 2008-09, TO ADJUST THE CAPITAL IMPROVEMENT PROGRAM
BUDGET TO RECOGNIZE FUNDING FROM PROPOSITION 1 B LOCAL
STREETS AND ROADS
7.b. Authorize staff to apply to the State Department of Finance for release of
Proposition 1 B LSR funds for this project.
Motion carried 5-0.
8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE TUSTIN SENIOR CENTER
ROOF REPLACEMENT, CIP NO. 1032
The Tustin Senior Center Roof Replacement (CIP No. 1032) has been
completed to the satisfaction of the City Engineer and is now ready for Council
acceptance.
Motion:
8.a. Adopt resolution; and
RESOLUTION NO. 09-04 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS
OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF
THE NOTICE OF COMPLETION FOR THE TUSTIN SENIOR CENTER
ROOF REPLACEMENT PROJECT (CIP NO. 1032)
8.b. Authorizing the City Engineer to execute and file the Notice of
Completion with the County Recorder's Office.
9. RELEASE OF FAITHFUL PERFORMANCE BOND FOR LENNAR/MARBLE
City Council Meeting January 6, 2009
Minutes Page 5 of 10
MOUNTAIN PARTNERS, LLC
Pursuant to a Cooperative Agreement between the City and Lennar/Marble
Mountain Partners, LLC, related to the construction of the Valencia
Avenue/Armstrong Avenue improvements, the Developer was required to post
Faithful Performance Bonds for their fair share of the Tustin Legacy Backbone
Infrastructure Program. Subsequently, a Community Facilities District (CFD 06-
1)was formed, bonds were sold, and the City received funds for a portion of
the Developer's fair share of Legacy backbone improvements. Lennar/Marble
Mountain Partners, LLC has requested release of a Faithful Performance Bond
to reflect City receipt of additional funds.
Motion: Release Faithful Performance Bond, No. 24020615 in the amount of
$8,549,252.00.
10. CONSIDERATION OF CLAIM OF ROSEMARY FLORES, CLAIM NO. 08-49
The Claimant reported damage to her vehicle as a result of a Police search for
contraband.
Motion: Deny Claim Number 08-49, Rosemary Flores, and direct staff to send
notice thereof to the Claimant.
11. CONSIDERATION OF CLAIM OF TIEN XUAN LE AND ANGEL ISABEL
TORRES, CLAIM NO. 08-47
The Claimants allege false arrest, false imprisonment, malicious prosecution
and violation of Federal and State Civil and Constitutional Rights. Tustin Police
Officers responded in this instance to assist Orange County Social Services
(OCSS) with reported child abandonment and neglect. Their investigation
resulted in the arrest of Tien Xuan Le on felony child neglect charges and the
removal of her child, Angel Isabel Torres, from the home by OCSS.
Motion: Deny Claim Number 08-47, Tien Xuan Le and Angel Isabel Torres, and
direct staff to send notice thereof to the Claimants.
12. CONSIDERATION OF CLAIM OF TUSTIN GARDEN APARTMENTS, CLAIM
NO. 08-51
The Claimant alleges property damage in the form of a broken door frame as a
result of police forcing entry into an apartment unit.
Motion: Deny Claim Number 08-51, Tustin Garden Apartments, and direct staff
to send notice thereof to the Claimants.
City Council Meeting January 6, 2009
Minutes Page 6 of 10
13. CONSIDERATION OF CLAIM OF JOHN AND DANIELLE GALLAGHER,
CLAIM NO. 08-39
The Claimants reported that due to high winds on October 13, 2008, a City tree
fell into their backyard fence, causing damage. They submitted a copy of a
Contractor's invoice for $206.00 to complete the necessary repairs to the
fence.
Motion: Deny Claim Number 08-39, John and Danielle Gallagher, and direct
staff to send notice thereof to the Claimant.
14. CONSIDERATION OF CLAIM OF REX T. REEVES, CLAIM NO. 08-43
The Claimant reported that workers or contractors on Irvine Blvd. near Red Hill
had spilled a huge amount of bright red paint on the roadway, which he did not
see until he was about to drive through it. Paint splashed the left side of his
vehicle, along the bottom, onto the front and rear tires, on both wheels and in
the wheel wells. He provided an estimate in the amount of $2,807.44 to remove
the paint and refinish the car.
Motion: Deny Claim Number 08-43, Rex T. Reeves, and direct staff to send
notice thereof to the Claimant.
15. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY
The California Government Code, as amended, requires that Cities annually
adopt their Investment Policy. This legislative action was in response to the
Orange County bankruptcy. It requires the elected body and the Treasurer to
review the existing Investment Policy at least annually, confirm its content at a
public meeting, and annually delegate authority to invest.
Councilmember Gavello referenced item "C" on page 5 of the contract
(included in agenda report) expressed concern with current policy of investing
33% of total funds in the Treasure's Local Agency (LAIF), run by State
Treasurer and State in financial crisis; suggested City cap investments in this
fund and all funds at 20-25%.
City Manger Huston suggested City Treasurer's input and refer matter to Audit
Commission for review and discussion on cash flow implications (since it is a
liquid fund). Councilmember Gavello not concerned over liquidity, but rather
the percentage of the amount of the total.
City Treasurer Jeffries noted that the current cap is $40 million per fund;
City Council Meeting January 6, 2009
Minutes Page 7 of 10
expressed confidence in LAIF's performance. Treasurer Jeffries explained that
funds are part of State pool, but firewalled from the State since it is local
money; rather than having a percentage cap, recommends a cap on dollar
amount.
Mayor Davert would like options outlined by Audit Commission. Mayor Pro
Tem Amante concerned with putting a cap on funds with such diversity and
liquidity; and would like Commission to make recommendations, using their
expertise, on what is best for the City.
Councilmember Gavello acknowledged the City has conservative investment
policies; Commission to advise City whether to have a percentage or dollar
amount cap, although would favor a percentage amount.
Councilmember Nielsen questioned cash flow implications. City Treasurer
Jeffries stated that it is a pool of individual securities within it, massive
diversification, and one-day liquidity. Councilmember Nielsen agreed that item
be referred to the Audit Commission for comprehensive review, Council will
then review alternatives; concerned with constraining flexibility of City
Treasurer in making prudent decisions as needed. Councilmember Palmer
concurred that a cap be considered.
Mayor Pro Tem Amante requested that Audit Commission review balance of
total portfolio in making recommendations. Mayor Davert additionally
requested that Audit Commission return to Council with findings within 180
days
Mofion: It was moved by Mayor Pro Tem Amante, seconded by Mayor Davert, to
adopt the City of Tustin Investment Policy as is for purposes of continuing
business, refer Policy to the Audit Commission for comprehensive review, and
return to Council within 180 days with recommendations as appropriate. Motion
carried 5-0.
16. 2009 MAYORAL APPOINTMENTS TO COMMITTEES
Annually, following selection of the Mayor, the Mayor appoints those members
of the City Council who will serve on various City and County committees.
Mayor Davert noted the following: no representative designated to the Tustin
Pride Committee; and OCCOG delegate names Alternate at meeting.
Motion: It was moved by Mayor Davert, seconded by Mayor Pro Tem Amante, to
approve the following appointments:
Agency Member/Alternate
Foothill /Eastern Transportation Corridor Agency Amante/Nielsen
Growth Management Areas Amante/Nielsen
City Council Meeting January 6, 2009
Minutes Page 8 of 10
Newport Bay Watershed Executive Committee
Orange County Council of Governments (OCCOG)
Orange County Fire Authority
Orange County Library Board
Orange County Sanitation District
Orange County Vector Control
Santa Ana / Tustin Joint Powers Agency (TSIA)
Santa Ana River Flood Protection Agency
Senior Fund Board of Directors
Southern California Association of Governments (SCAG)
Tustin Unified School District Liaison
Water Advisory Committee of Orange County
REGULAR BUSINESS ITEM
17. LEGISLATIVE REPORTS -MISCELLANEOUS
None noted.
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Gavello:
Gavello/Palmer
Nielsen (Alternate
selected at
OCCOG Meeting)
Davert/Palmer
Palmer/Gavello
Davert/Nielsen
Bone
Davert/Amante
Gavello/Palmer
Palmer/Davert
Nielsen
Davert/Nielsen
Gavello
• Happy New Year to all;
• Thanked staff and fellow council members for warm welcome;
• Staff to prioritize Cell Phone Study (Wireless Communication Master Plan) matter; and
• Agendize recently adopted Parking Regulations at an upcoming meeting.
Councilmember Palmer:
• Wished all a Happy New Year; and
• Staff to prepare a list of association and membership dues for the City;
Councilmember Nielsen:
• Happy New Year;
• Attended Christmas Tree Lighting;
• Noted that Tustin High School Football team won the CIF Semi-Finals, had Finals at
Angels Stadium;
• Attended Metrolink Holiday Toy Express on December 6tn;
• Congratulated Foothill High Football team won League Championship and Water Polo
team won CIF Championship; Tustin High School qualified for CIF playoffs;
• Congratulated Alison Kaprielien for winning MTV Miley Cyrus Competition for
community service; and
• Looking forward to working with SCAG and OCCOG and thanked staff for support.
Mayor Pro Tem Amante:
City Council Meeting January 6, 2009
Minutes Page 9 of 10
• OCTA Major Corridor Study Committee, continue to discuss alternatives;
• Attended OCTA meetings, state route 91 (toll road) impact - SB1316 (Correa) extends
franchise agreement for 35 years and tolling authority to Riverside County Transportation
Commission. ICE (Irvine-Corona Expressway) will be 12-mile stretch of highway from 15
to 133 in Irvine. Geological studies underway, provide relief to 91 freeway;
• 241 Toll extension denied by the Commerce Department, disappointed. SCAG and SDAG
both have the extension in their regional transportation plan and without it will fall out of
federal air conformity, and lose more than $10 billion in funding and infrastructure funds;
more than 24 million people impacted; Board committed to continue pursuing these arterial
roads;
• Wished all a Happy New Year;
• Congratulate all of the high schools and their success. Noted that Tustin High School
graduates most populate the NFL; and
• 4th Annual Tustin Mayor's Inaugural Dinner, sponsored by the Tustin Community
Foundation to be held on Thursday, February 5th at Tustin Ranch Golf Course. The
Foundation provided more than $40,000 in grants to more than 20 local groups last year.
Mayor Davert:
• Vector Control report - as of December 12, 2008 have had 692 dead birds, 52 in
Tustin, three people also died of the virus in last year; major problem is standing water.
Also Board approved a salary increase, and medical and auto allowance;
• Next Council meeting will be doing amid-year budget review to determine what
adjustments need to be made in order to insure we are healthy for the next three to
four years;
• Saturday, Tustin Host Lion's Club will be celebrating their 60th years of service; and
• Met with Mayor Kang of Irvine yesterday to discuss issues important to both cities.
ADJOURNED - 7:50 P.M. -The next meeting of the City Council is scheduled for
Tuesday, January 20, 2009 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.
DOUG DA
Mayor
PAMELA STOK
City Clerk
City Council Meeting January 6, 2009
Minutes Page 10 of 10