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Home My WebLink AboutCC MINUTES 2009 01 20MINUTES 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 Minutes 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. ORAL COMMUNICATION/PUBLIC INPUT -Stephen Ignatius, concerned with tree behind his home and in the Tustin Ranch Road right-of-way. PRESENTATION -Orange County Human Relations Council presented Annual Report and Certificate of Recognition to the City of Tustin 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 revised. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember City Council Meeting January 20, 2009 Minutes Page 2 of 8 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) City Council Meeting January 20, 2009 Minutes Page 3 of 8 Bids for said project have been received and a construction contract is ready to be awarded to the lowest responsive/responsible bidder. Councilmember Gavello motioned to evaluate all alternatives to better address safety before approving proposed traffic signal installation. Item was seconded by Councilmember Palmer for discussion purposes. 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 proceeded. 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 City Council Meeting January 20, 2009 Minutes Page 4 of 8 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) 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. City Council Meeting January 20, 2009 Minutes 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 to be held at 4:30 p.m. in the Council Chamber. 11. FISCAL YEAR 2008-09 MID-YEAR BUDGET REVIEW The following is staff's 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 followed. 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, adjusting the authorized FY 2008-09 Budget, as follow: a. appivpTi ai'°ca~°cve~..5--v~ltit~-ra~ii ~Le~a rv~E-rr'rt ri c o G ~ ~ r~ rJ coo b. Approve a supplemental appropriation of $71,000 from the unappropriated reserves of the Tustin Street Lighting Fund to cover the costs of the installation of additional dry utilities. City Council Meeting January 20, 2009 Minutes Page 6 of 8 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. Councilmember Gavello motioned to add construction of a north meadow perimeter walkway and a concrete access staircase to the top of the citrus grove and approve change order for additional work. Item seconded by Councilmember Palmer for discussion purposes. Discussion ensued. Substitute Motion: It was moved by Councilmember Gavello to add one amenity -concrete access staircase to the top of the citrus grove, and sell lemons to generate funds for parks. Motion died for lack of second. 13. LEGISLATIVE REPORTS -MISCELLANEOUS None. OTHER BUSINESS /COMMITTEE REPORTS Councilmember Palmer: • Library Advisory Board Meeting report: concerned that they expressed no budget problems in light of overall economic downturn. Future budget to include Library operations and maintenance; will continue to monitor. City Council Meeting January 20, 2009 Minutes Page 7 of 8 Councilmember Gavello: • WACO report: recent Corona Fires took 10 days to extinguish; need to increase water pressure; pressure and generator testing also 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 Council members Nielsen and Gavello will attend League meeting in Sacramento. Mayor Davert: • Vector Control 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 60th 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. DOUG DAVERT PAMELA STOKER Mayor City Clerk City Council Meeting January 20, 2009 Minutes Page 8 of 8