HomeMy WebLinkAbout05 CC Action Agenda 2-17-09ITEM #5
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Planning Gammi~sian
DATE: FEBRUARY 24, 2009
SUBJECT: CITY COUNCIL ACTION AGENDA
FEBRUARY 17, 2009
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
FEBRUARY 17, 2009
ACTION AGENDA
OF THE SPECIAL MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
FEBRUARY 17, 2009
CALLED TO ORDER MEETING #2205 AT 4:30 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: Pamela Stoker
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None.
BUSINESS ITEM
INTERVIEW AND APPOINT MEMBERS TO THE PLANNING AND COMMUNITY
SERVICES COMMISSIONS
The City Council conducted interviews and appointed 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
s ue~+r, r_'~r.,, (no show) 5. Murray, Elwyn "AI"*
2. Kasalek, Marge* 6. Samra, Madip Kaur
Gives in 7. Tortora, Dennis
unincorporated County
boundaries) * Incumbent
4. Kozak, Steve*
Ballots were cast by Council to fill three seats on the Planning Commission, as
follows:
Amante: Kasalek, Kozak, and Murray
Davert: Kasalek, Kozak, and Murray
Gavello: Samra, Kozak, and Murray
Nielsen: Kasalek, Kozak, and Murray
Palmer: Kasalek, Kozak, and Murray
City Council Meeting February 17, 2009
Action Agenda Page 1 of 8
City Clerk Stoker reported the ballot tally as follows: Kasalek (4 votes); Kozak (5
vote); Murray (5 votes); and Samra (1 vote). By majority vote re-appointed Kasalek;
and by unanimous consent re-appointed Kozak and Murray to the Planning
Commission.
Community Services Commission Applicants
1. Basdakis, Marie 7. Houseworth, Alice
2. Do, Kevin 8. Knowlton, Gretchen
3. Eckman, Kenneth 9. Moore, Erin
4. Gomez, Rebecca
(no show)
6. Higuchi, Eric
10. Ropele, Don
11. Samra, Madip Kaur
Ballots were cast by Council to fill three seats on the Community Services
Commission, as follows:
Amante:
Davert:
Gavello:
Nielsen:
Palmer:
Eckman, Moore, and Ropele
Eckman, Moore, and Ropele
Gomez, Houseworth, and Samra
Eckman, Moore, and Ropele
Basdakis, Knowlton, and Ropele
City Clerk Stoker reported the ballot tally as follows: Ropele (4 votes); Eckman (3
votes); Moore (3 votes); Basdakis (1 vote); Gomez (1 vote); Houseworth (1 vote);
Knowlton (1 vote); and Samra (1 vote). By majority vote appointed Ropele, Moore,
and Eckman to the Community Services Commission.
ADJOURNED - 5:37 P.M.
City Council Meeting February 17, 2009
Action Agenda Page 2 of 8
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
FEBRUARY 17, 2009
CLOSED SESSION MEETING
CALLED TO ORDER MEETING #2205 AT 5:37 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: Pamela Stoker
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None.
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)
City Council Meeting February 17, 2009
Action Agenda Page 3 of 8
D. Existing Litigation [Government Code Section 54856.9(a)] -Marble Mountain
Partners, LLC v. City of Tustin et al., Case No. 30-2008-00116681
RECESSED - At 5:37 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 CITY COUNCIL MEETING
CALLED TO ORDER MEETING #2205 AT 7:00 P.M.
INVOCATION -Benjamin Hoang, St. Cecilia's Church
COLORS PRESENTATION AND PLEDGE OF ALLEGIANCE -Cub Scouts Pack 819
from Arroyo Elementary
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 -Certificates presented by Gail Butler and Helen Magana 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
1. PUBLIC HEARING: COMMUNITY DEVELOPMENT BLOCK GRANT SUB-
RECIPIENTS PERFORMANCE EVALUATION AND FUNDING REQUESTS
FOR PROGRAM YEAR 2009-10
City Council Meeting February 17, 2009
Action Agenda Page 4 of 8
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 can 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.
Staff report presentation by Community Development Director Elizabeth
Binsack
Public Hearing opened at 7:21 p.m. There were no speakers and the hearing
closed at 7:22 p.m.
Motion: It was moved by Councilmember Palmer, seconded by Mayor Pro Tem
Amante, to:
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.
Motion carried 5-0.
ORAL COMMUNICATION/PUBLIC INPUT
• Jolene Napolitano and Bianca Marchese spoke on the hazards of smoking at
apartment complexes.
• Tina Blenz opined that the property values in her neighborhood have decreased
because of the water well.
CONSENT CALENDAR ITEMS - Councilmembers Palmer and Gavello requested that
item #5 be pulled for separate action. 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.
City Council Meeting February 17, 2009
Action Agenda Page 5 of 8
2
3
4
5
6
APPROVAL OF MINUTES -REGULAR MEETING OF FEBRUARY 3, 2009
Motion: Approve the Minutes of Regular City Council Meeting held on
February 3, 2009.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $1,931,522.16 and
$1,509,831.07; and Payroll in the amount of $741,919.91.
PLANNING ACTION AGENDA -FEBRUARY 10, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
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.
Councilmember Palmer motioned that we provide Tustin Unified School
District first opportunity to buy or receive equipment before it is auctioned.
Councilmember Gavello questioned policy on disposition of property.
Finance Director Arends-King indicated that 3-4 years is typical life of
computers.
Motion: It was moved by Councilmember Palmer, seconded by Mayor Pro Tem
Amante, to:
5.a. Declare the listed equipment surplus and not required for public use;
5.b. Offer Tustin Unified School District "TUSD" opportunity to buy/receive
equipment prior to auction; and
5.c. Authorize staff to sell/have auctioned serviceable equipment of value
and dispose of assets beyond repair not wanted by TUSD.
Motion carried 5-0.
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS
FOR TRACT MAP NO. 16481, PROSPECT VILLAGE LP
City Council Meeting February 17, 2009
Action Agenda Page 6 of 8
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.
Motion: 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
7
ORDINANCE NO. 1360 SECOND READING: CODE AMENDMENT 08-004,
SHOPPING CART ORDINANCE
Motion; It was moved by Councilmember Nielsen, seconded by Councilmember
Gavello, to have second reading by title only and adoption of Ordinance No. 1360.
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.
Motion carried 3-1-1 (Palmer abstained and Amante dissented).
ORDINANCE NO. 1361 SECOND READING: ZONE CHANGE 08-003,
AMENDMENTS TO THE PROSPECT VILLAGE PLANNED COMMUNITY
DISTRICT REGULATIONS
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen, to have second reading by title only and adoption of Ordinance No. 1361.
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
Motion carried 5-0.
LEGISLATIVE REPORTS -MISCELLANEOUS
None
OTHER BUSINESS /COMMITTEE REPORTS
City Council Meeting February 17, 2009
Action Agenda Page 7 of 8
Councilmember Gavello:
• WACO report -provided PowerPoint presentation on trip to Colorado River.
Councilmember Palmer:
• Thanked Tustin Public Foundation for Mayor's Inaugural Dinner.
Councilmember Nielsen:
• SCAG supporting LA Broadband Foundation (advanced communication); Regional
Transportation Plan hired environmental consultant; announced that 4 counties to meet in
Sacramento to help pressure state to not take City & County funds that are due to them and to
expedite Economic Stimulus funds to cities; State Bonds 1 B cost $400 million to restart projects;
Executive Director would like new RHNA numbers to be more objective;
• Mayor's Dinner honored Mayor Davert;
• Toured city water facilities; Rawlings reservoir in need of repairs and is off-line; and looked at
pumping stations; and
• Presented Certificate to Bonnie Breeze, as Police Officer of the Month for January, 2009.
Mayor Pro Tem Amante:
• Mayor's Dinner -thanked all in attendance and First Lady Melanie Davert; Mayor Davert
gracious for roasting; and thanked colleagues for efforts;
• Water report - we pump 80% of our own water in Tustin;
• Transportation Corridor Agency fall-off in traffic and revenues, and debt increasing; planning for
reserves;
• State de-mobilization of 1 B projects at significant costs;
• State and economic having significant effects on OCTA programs and services;
• Headed to Sacramento later this week to discuss budget effects; proposed $14 billion in taxes
to be added; $.01 increase sales tax; income tax increases; and $.12 gas tax increase, double
car license tags;
• Hard decisions to be made in Tustin in upcoming months.
Mayor Davert:
• March 7~' Miss Tustin at Beckman High School;
• March 14~' Casino Night at Senior Center;
• Hosted new Chief of State for Bill Campbell; toured City with Assistant City Manager
Shingleton;
• Congratulated new commissioners appointed at earlier meeting;
• OC Sanitation District report -went to Washington DC, asked for infrastructure project
money; and
• Thanked staff and public for tonight's meeting.
ADJOURNED - 8:21 P.M. 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
Action Agenda Page 8 of 8