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Home My WebLink About 00 CC AGENDA 2-17-2009 CITY OF TUSTIN FEBRUARY 17, 2009 REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem William A. Huston, City Manager Deborah Gavello, Councilmember Douglas Holland, City Attorney John Nielsen, Councilmember Doug Davert, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer SPECIAL MEETING 4:30 P.M. CALL TO ORDER – Meeting #2205 ATTENDANCE PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. BUSINESS ITEM INTERVIEW AND APPOINT MEMBERS TO THE PLANNING AND COMMUNITY SERVICES COMMISSIONS The City Council will conduct interviews and appoint three (3) members to the Planning Commission, and three (3) members to the Community Services Commission. The commissioners selected will serve until March 1, 2011 or until their respective successors are appointed and qualified. The City Clerk’s Office received the following applications: Planning Commission Applicants 1. Basdakis, Marie 6. Murray, Elwyn “Al” * 2. Heath, Garry 7. Samra, Madip Kaur 3. Kasalek, Marge * 8. Tortora, Dennis 4. Korengold, Jason 5. Kozak, Steve * * Incumbent NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk’s office located at 300 Centennial Way, Tustin, CA during normal business hours. Community Services Commission Applicants 1. Do, Kevin 6. Houseworth, Alice 2. Eckman, Kenneth 7. Knowlton, Gretchen 3. Gomez, Rebecca 8. Moore, Erin 4. Heath, Garry 9. Ropele, Don 5. Higuchi, Eric 10. Samra, Madip Kaur Recommendations: a. Interview candidates; b. Cast ballots to determine appointments; and c. City Clerk to announce results. ADJOURNMENT City Council Meeting February 17, 2009 Agenda Page 2 of 7 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2205 ATTENDANCE PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. 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) D. Existing Litigation [Government Code Section 54856.9(a)] - Marble Mountain Partners, LLC v. City of Tustin et al., Case No. 30-2008-00116681 City Council Meeting February 17, 2009 Agenda Page 3 of 7 REGULAR CITY COUNCIL MEETING 7:00 P.M. CALL TO ORDER – Meeting #2205 INVOCATION – Benjamin Hoang, St. Cecilia’s Church COLORS PRESENTATION AND PLEDGE OF ALLEGIANCE – Cub Scouts Pack 819 from Arroyo Elementary ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATION – Certificates presented by Helen Magana and Mary Beth Griffin of Mothers Against Drunk Drivers (MADD) to Tustin Police Officers Jeremy Laurich, Ian Wise, and Brian Miali for their numerous DUI arrests PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (City Council Agenda Item 1) 1. PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT SUB- RECIPIENTS PERFORMANCE EVALUATION AND FUNDING REQUESTS FOR PROGRAM YEAR 2009-10 Federal laws relating to CDBG funds require cities to provide citizens with specific information about the amount of monies expected for the program and the range of activities that may be undertaken with those funds. Also requires at least two public hearings to obtain the views of citizens on such issues as housing, other community development needs, and the use of the CDBG monies. This is the first public hearing and another public hearing is tentatively scheduled in April to consider the proposed Action Plan (a component of the Five-year Consolidated Plan and an annual application for a CDBG grant) and to authorize staff to submit the Action Plan to HUD detailing the City's specific use of the funds for FY 2009-10. The Action Plan is due on May 15, 2009. No City Council Meeting February 17, 2009 Agenda Page 4 of 7 disbursement of monies can be made to any agency or organization until expenses are incurred and documented to benefit the intended program. Recommendations: 1.a. Consider and provide staff with direction on public service performance evaluations for continued funding; 1.b. Consider and provide staff with direction on non-public services funding requests; 1.c. Hold the first required public hearing to receive public input and testimony; and, 1.d. Set a second required public hearing on April 21, 2009, to finalize the Program Year 2009-10 funding allocation and Program Year 2009-10 Action Plan. ORAL COMMUNICATION / PUBLIC INPUT – At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing, you may wish to wait until the Council considers that item. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 2 through 6) 2. APPROVAL OF MINUTES – REGULAR MEETING OF FEBRUARY 3, 2009 Recommendation: Approve the Minutes of Regular City Council Meeting held on February 3, 2009. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $1,931,522.16 and $1,509,831.07; and Payroll in the amount of $741,919.91. 4. PLANNING ACTION AGENDA – FEBRUARY 10, 2009 City Council Meeting February 17, 2009 Agenda Page 5 of 7 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 5. DECLARATION OF SURPLUS PROPERTY (FINANCE DEPARTMENT) The City has accumulated a large quantity of obsolete and/or damaged computer and other equipment. The listed equipment is no longer usable or required for public use. Recommendations: 5.a. Declare the listed equipment surplus and not required for public use; and 5.b. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT MAP NO. 16481, PROSPECT VILLAGE LP All public improvements associated with Tract Map No. 16481 have been completed. The Public Works Department is now recommending the acceptance of public improvements and release of the public improvement bonds. Recommendation: Release the following bonds in the indicated amounts: Faithful Performance Bond (Bond No. 0421455) $545,000.00 Labor and Material Bond (Bond No. 0421455) $272,500.00 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 7 through 9) 7. ORDINANCE NO. 1360 SECOND READING: CODE AMENDMENT 08-004, SHOPPING CART ORDINANCE Recommendation: Have second reading by title only and adoption of Ordinance No. 1360 (Roll Call Vote). City Council Meeting February 17, 2009 Agenda Page 6 of 7 ORDINANCE NO. 1360 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING ARTICLE 5 CHAPTER 9 OF THE TUSTIN CITY CODE ESTABLISHING UPDATED REGULATIONS FOR THE ABATEMENT OF SHOPPING CART NUISANCE 8. ORDINANCE NO. 1361 SECOND READING: ZONE CHANGE 08-003, AMENDMENTS TO THE PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS Recommendation: Have second reading by title only and adoption of Ordinance No. 1361 (Roll Call Vote). ORDINANCE NO. 1361 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS (ZONE CHANGE 08-003) TO AMEND VARIOUS SECTIONS OF THE REGULATIONS RELATED TO COMMERCIAL SERVICE AND CERTAIN OFFICE USES, FOOD RELATED USES, OPTOMETRISTS AND OPTICIANS, AND TO MAKE OTHER MINOR AMENDMENTS 9. LEGISLATIVE REPORTS – MISCELLANEOUS Council may request that staff prepare informational reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. Recommendation: Pleasure of the City Council. OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next meeting of the City Council is scheduled for Tuesday, March 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 February 17, 2009 Agenda Page 7 of 7