HomeMy WebLinkAbout05 CC Action Agenda 1-20-09ITEM #5
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DATE: JANUARY 27, 2009
SUBJECT: CITY COUNCIL ACTION AGENDA
JANUARY 20, 2009
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
JANUARY 27, 2009
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JANUARY 20, 2009
CALLED TO ORDER MEETING #2203 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)
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
City Council Meeting January 20, 2009
Action Agenda Page 1 of 8
RECONVENED - At 6:59 p.m. City Council reconvened in public session with same
members present.
REGULAR BUSINESS MEETING
CALLED TO ORDER MEETING #2203 AT 7:00 P.M.
INVOCATION -Councilmember Palmer
PLEDGE OF ALLEGIANCE -Councilmember Nielsen
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.
PRESENTATION -Orange County Human Relations Council presented Annual Report
and Certificate of Recognition to the City of Tustin
ORAL COMMUNICATION/PUBLIC INPUT -Stephen Ignatius, concerned with tree
behind his home and in the Tustin Ranch Road right-of-way.
CONSENT CALENDAR ITEMS -Mayor Davert pulled items 1, 5, and 7 for separate
discussion. It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer, to approve balance of Consent Calendar items as recommended by staff. Motion
carried 5-0.
1. APPROVAL OF MINUTES -REGULAR MEETING OF JANUARY 6, 2009
Mayor Pro Tem Amante noted for the record that the motion on item #15 was
modified.
City Council Meeting January 20, 2009
Action Agenda Page 2 of 8
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer, to approve the revised Minutes of Regular City Council Meeting held on
January 6, 2009. Motion carried 5-0.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Reversals in the amount of $5,292.09; Demands in the
amounts of $792,793.88 and $737,942.47; and Payroll in the amount of
$1,076,505.46
3. PLANNING ACTION AGENDA -JANUARY 13, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
4. ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2009-2010
Resolution No. 09-05 orders the preparation of the Engineer's Report for the
Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal
Year 2009-2010. The purpose of the Engineer's Report is to set forth findings
and the engineering analysis to levy assessments in the Tustin Landscape and
Lighting District for the 2009-2010 Fiscal Year.
Motion: Adopt resolution.
RESOLUTION NO. 09-05 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE
PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2009-2010
5. AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION/
INTERCONNECT SYSTEM AT PORTOLA PARKWAY/ALLEN/CITRUS
RANCH PARK (CIP NO. 4026); THE TRAFFIC SIGNAL MODIFICATION/
UPGRADE AT IRVINE BOULEVARD AND PROSPECT AVENUE (CIP NO.
4052); AND THE TRAFFIC SIGNAL INSTALLATION/INTERCONNECT
SYSTEM AT TUSTIN RANCH ROAD AND GREENWAY DRIVE/ADAMS
DRIVE (CIP NO. 4075)
Bids for said project have been received and a construction contract is ready to
City Council Meeting January 20, 2009
Action Agenda Page 3 of 8
be awarded to the lowest responsive/responsible bidder.
Substitute Motion: It was moved by Councilmember Gavello, seconded by
Councilmember Palmer to look for alternatives to assist with safety before
approval of such a project.
The following residents spoke on the matter:
Dan Jackson, opined that traffic signal would increase collisions; other
alternatives should be tested.
Shawn Bradley, indicated that Tustin Ranch Road has pedestrian traffic,
vehicles normally do not yield to pedestrians; supports installation of
traffic signal.
Richard Foster, supports installation of signal; left turn onto Tustin
Ranch Road has blind spots.
Barry Beeler, implied that safety issue related to speed; traffic travels
faster than posted and traffic signal would improve the problem.
Council discussion ensued.
Original Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Nielsen, to:
5.a. Find the bid of Pro Tech Engineering Corporation to be non-responsive;
and
5.b. Award the construction contract to KDC, Inc. DBA Dynalectric, the lowest
responsive/responsible bidder, in the amount of $633,835.00, and
authorize the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
Motion carried 3-2 (Gavello and Palmer dissented).
6. AWARD OF CONTRACT FOR THE NEWPORT AVENUE MEDIAN
MODIFICATIONS AT ANDREWS STREET AND MAIN STREET (CIP NO.
4072); THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY
2008-2009 (CIP NO. 7001); AND THE ANNUAL SIDEWALK REPAIR
PROJECT, FY 2008-2009 (PROJECT NO. 402-6235)
Bids for said project have been received and a construction contract is ready to
be awarded to the lowest responsive/responsible bidder.
Motion: Award the construction contract for the Newport Avenue Median
Modifications at Andrews Street and Main Street (CIP No. 4072); the Annual
City Council Meeting January 20, 2009
Action Agenda Page 4 of 8
Major Pavement Maintenance Project, FY 2008-2009 (CIP No. 7001); and the
Annual Sidewalk Repair Project, FY 2008-2009 (Project No. 402-6235) to
Hardy & Harper, Inc., the lowest responsive/responsible bidder, in the amount
of $1,109,000.00, and authorize the Mayor and the City Clerk to execute the
contract documents on behalf of the City.
7. QUARTERLY INVESTMENT REPORT -DECEMBER 31, 2008
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted
Investment Policy.
Staff to include copies of previous quarters in future agenda reports at the
request of Council.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Mayor Davert, to
receive and file report. Motion carried 5-0.
8. FISCAL YEAR 2008 -URBAN AREA SECURITY INITIATIVE (UASI) GRANT
The City of Anaheim, acting through the Anaheim Police Department in its
capacity as the core city for the North Orange County Urban Area, under the
FY08 Urban Area Security Initiative (UASI), has applied for received and
accepted certain grants entitled "FY08 Urban Areas Security Initiative". The
funding comes from the Federal Emergency Management Agency Grant
Programs Directorate (formerly named the Department of Homeland Security,
Office of Grants and Training), through the State of California, Office of
Homeland Security, to enhance countywide emergency preparedness. Terms
of the grant require that Anaheim use certain grant funds to purchase
equipment, technology or services that will be transferred to jurisdictions within
the operational area. The City of Tustin, as a part of the operational area, is
entitled to participate in the grant to enhance the City's emergency
preparedness.
Motion: Authorize the City of Tustin to receive from the City of Anaheim
equipment, technology and services, including replacement of Personal
Protective Equipment for all first responders, EOC upgrades, interoperable
communications and data sharing technology, and continual training and
exercises; and authorize the Chief of Police to sign any grant related
paperwork on behalf of the City.
9. APPOINT DON ROPELE TO FILL VACANCY ON THE TUSTIN AREA
SENIOR CENTER FUND, INC.
Cit Council Meetin
Y 9 January 20, 2009
Action Agenda Page 5 of 8
City Council action is required to appoint Mr. Don Ropele to the Tustin Area
Senior Center Fund, Inc. Pursuant to its Articles of Incorporation and its by-
laws, the Tustin Area Senior Center Fund, Inc., consist of five (5) Directors.
Due to the resignation of Mary Hill from the Board of Directors, a vacancy
currently exists. As per the by-laws, any vacancy may be filled by appointment
of the City Council.
Motion: Appoint Mr. Don Ropele, an active community volunteer, to the Board
of Directors of the Tustin Area Senior Center Fund, Inc.
REGULAR BUSINESS ITEMS
10. SET INTERVIEW DATE FOR COMMISSION SEATS: COMMUNITY
SERVICES COMMISSION AND PLANNING COMMISSION
Due to term expirations, staff is requesting that the City Council set a date and
time to conduct interviews to fill vacancies on the Community Services
Commission (formerly Parks and Recreation), and the Planning Commission.
Set interviews and selection of commissioners for Tuesday, February 17th as a
Special Meeting at 4:30 p.m.
11. FISCAL YEAR 2008-09 MID-YEAR BUDGET REVIEW
The following is staffs review of the City's first six months of operations under
the adopted FY 2008-09 Budget, projecting revenues and expenditures
through the fiscal year end. The recommendations made to the City Council in
this report will ensure that the budget will be balanced for the remainder of the
fiscal year and City Council's reserve policy will be met. A PowerPoint
presentation will be presented at the City Council's budget workshop that will
highlight key figures and assumptions.
Presentation by City Manager Huston.
Council discussion.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen, to strike-out recommendation a and approve b and c as recommended
by staff that would adjustment authorized FY 2008-09 Budget, as follow:
a.
,
b. Approve a supplemental appropriation of $71,000 from the
unappropriated reserves of the Tustin Street Lighting Fund to cover the
City Council Meeting January 20, 2009
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costs of the installation of additional dry utilities.
c. Approve a supplemental appropriation of $743,100 from the
unappropriated reserves of the Water Enterprise Fund for various
operational expenses: Imported Water costs $701,400; Meter Reading
related costs $41,700.
Motion carried 5-0.
12. REQUEST FOR ADDITIONAL WORK AT CITRUS RANCH PARK
Staff received a request from Councilmember Gavello to increase the scope of
work at Citrus Ranch Park (CIP No. 2046) with the additional work to include
the construction of a north meadow perimeter walkway and a concrete access
staircase to the top of the citrus grove.
The following residents spoke on the matter:
Suzi Holte, original plans included concrete steps and lit perimeter
walkway, addition of items would maximize use of park
Linda Beck, requested use of surplus funds to include projects that
would make park a destination.
Motion: It was moved by Councilmember Gavello, seconded by
Councilmember Palmer, to add items and approve change order.
Discussion ensued.
Substitute Motion: It was moved by Councilmember Gavello to add one
amenity, stairs, and sell lemons to generate funds for parks. Motion died for
lack of second. Motion 1-4.
13. LEGISLATIVE REPORTS -MISCELLANEOUS
None.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Palmer:
• Commented on Library Advisory Board Meeting, concerned that they had no
budgetary concerns in light of overall economic downturn. Future budget to include
Library operations and maintenance; will continue to monitor.
City Council Meeting January 20, 2009
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Councilmember Gavello:
• WACO report, Corona fire took 10 days to completely extinguish; need to increase
water pressure; pressure and generator testing needed; directed residents to
www.OCFA.org for updated information in case of emergency.
• Asked residents to buy in Tustin; importance of increasing revenue.
• Thanked city staff -Public Works Director Serlet, Assistant Public Works Director
Stack, Police Chief Jordan, and Parks and Recreation Director Wilson for assistance in
preparing for this meeting.
Councilmember Nielsen:
• Presented Officer of the month, Ryan Coe, with certificate on behalf of the city.
• Committee reports to be given at next meeting.
Mayor Pro Tem Amante:
• Thanked Police Department staff for humanitarian assistance with neighbor who
passed away.
• Attended Swearing in of OC Board of Supervisors Pat Bates and Janet Nguyen
• He along with Councilmembers Nielsen and Gavello to attend League meeting in
Sacramento.
Mayor Davert:
• Vector report elected new officers, based on seniority; new board members are
elected officials with more accountability. Fire ants to be reported to Vector Control.
• Congratulated Mayor Pro Tem Amante on being elected Vice-Chair of OCTA, Costa
Mesa Councilmember Peter Buffa is chair.
• Library to be completed in next several months; dedication by the end of summer.
• Attended 60tt' Anniversary of Tustin Host Lion's Club.
• Extended good wished to council members attending League Conference.
• Announced that January 31St will be Astounding Inventions Convention in Irvine.
ADJOURNED - 9:36 P.M. -The next meeting of the City Council is scheduled for
Tuesday, February 3, 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.
City Council Meeting January 20, 2009
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