HomeMy WebLinkAbout02 SPEC/CC MINUTES 2009 02 17 03-03-09MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL Finance Director NIA
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
(no snow) 5. Murray, Elwyn "AI"*
2. Kasalek, Marge* 6. Samra, Madip Kaur
(lives 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
Agenda Item 2
Reviewed:
City Manager
City Council Meeting February 17, 2009
Minutes Page 1 of 2
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 10. Ropele, Don
a~ (no show) 11. Samra, Madip Kaur
6. Higuchi, Eric
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
Minutes Page 2 of 2
MINUTES 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
Agenda Item 2
Reviewed:
City Manager
Finance Director N/A
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
Minutes Page 2 of 9
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
Minutes Page 3 of 9
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.
The following staff report was presented by Community Development Director
Elizabeth Binsack:
Community Development Block Grant (CDBG Program
^ Established by the Housing and Community Development Act of 1974
^ Returns Federal funds to local communities
^ Funds assist in providing:
/ Adequate housing
/ Suitable living environments
/ Expanding economic opportunities
^ Tustin FY 2009-10 formula allocation has not been determined. Prior year
allocation of $797,511 is used for planning purposes.
CDBG Application
To participate in the CDBG program, the City is required to prepare:
^ A Consolidated Plan that identifies needs for affordable and
supportive housing, community development, public services,
and economic opportunities. The Consolidated Plan is required
every five years. The current Consolidated Plan covers 2005 to
2010.
^ Annually, the City is also required to prepare cone-year Action
Plan that implements the goals and objectives contained in the
Consolidated Plan and details exactly how the City will spend its
annual allocation.
Eligible Activities
Activities funded must meet one of the three National Objectives:
^ Benefiting Low and Moderate (L/M) income persons
^ Addressing slum or blight conditions
^ Meeting urgent community development needs
Funding Restrictions
PUBLIC SERVICES ACTIVITIES
^ Maximum of 15 percent of total grant award (15% x $797,511 =
$119,626)
PLANNING AND ADMINISTRATIVE ACTIVITIES
^ Maximum of 20 percent of the total grant award (20% x $797,511 =
$159,502)
City Council Meeting February 17, 2009
Minutes Page 4 of 9
OVERALL ACTIVITIES
^ At least 70 percent of the overall expenditures must be used for
activities that benefit low- and moderate-income persons.
Multi-year Funding for Public Services Activities
^ On April 17, 2007, the City Council amended the City's Citizen
Participation Plan by designating the Tustin Community Foundation as
the Citizen Participation Committee for Public Service Activities and
that funding for public services are to be allocated through a three (3)
multiyear funding cycle.
^ On February 25, 2008, the Tustin Community Foundation acting as the
City's Citizen Participation Committee held a public hearing, considered
funding requests for public service programs, and recommended
allocation based on a multiyear funding cycle.
^ The City Council on April 15, 2008, accepted the recommendation and
approved the funding allocation for public services programs for a
three-year period.
PUBLIC SERVICE PROGRAMS -FUNDING ALLOCATION PROCEDURE
Funding requests for public service programs are reviewed based on a
.multi-year funding cycle. Approved public service programs are to continue
to receive Year Two (2) and Year Three (3) Funding if they meet the
following criteria:
^ Activities must continue to meet the priority and objective for
which the activities are funded in Year One (1 );
^ Activities must continue to leverage funds with other sources;
^ Activities must be in compliance with contractual obligations;
^ Activities must report accomplishments correctly in the Quarterly
and Annual Performance Reports and/or other documentation as
described in current year contract;
^ Activities must receive a successful assessment of project
performance and progress from City staff.
FUNDING RECOMMENDATIONS FOR PUBLIC SERVICES ACTIVITIES
The following activities are recommended for continued allocation:
Public Services Activities (max. $119,626)
Boys and Girls Club (continue) $15,000
Community Service Programs (ATSC) $10,000
Community SeniorServ (Senior Meals) $20,000
Graffiti Removal - CDBG target areas $19,626
Laurel House $5,000
Human Options $5,000
Olive Crest $5,000
Tustin Parks & Rec. (Youth Center Staff) $ 25,000
Tustin Parks & Rec. (Kids Corner) 15 000
Public Services Subtotal $119,626
City Council Meeting February 17, 2009
Minutes Page 5 of 9
FUNDING RECOMMENDATIONS FOR NON-PUBLIC SERVICES
The following reflects the City Staff Committee's recommendation:
Public Facilities and Improvements
Redhill Parking Bay $200,000
Tustin Family Youth Center Playground Equipment $85,750
Senior Center Lighting $50,000
San Juan Sidewalk Reconstruction 100 000
Public Facilities and Improvements Subtotal $435,750
Rehabilitation and Preservation Activities
Commercial Rehabilitation $22,473
Code Enforcement 112 250
Rehabilitation and Preservation Subtotal $134,723
Program Administration and Planning Activities (max. $159,502)
Fair Housing Counseling Agency $17,412
CDBG Program Administration 90 000
Administration & Planning Subtotal $107,412
City Council Options
^ If the actual amount of CDBG funding allocation that the City receives in
Program Year 2009-10 is reduced/increased, the City Council may either
reduce/increase the amount of allocation proportionately among all
activities. The City Council should note the 15 percent cap on the
maximum amount of funds that can be allocated to public service activities,
or
^ The City Council may delay making a decision on the final amount until the
2nd meeting in April in which the City Council may consider each activity
based of its merit and/or performance.
Public Hearing opened at 7:21 p.m. There were no speakers and the hearing
closed at 7:22 p.m.
Councilmember Gavello requested clarification on administrative costs and
expense reporting.
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
City Council Meeting February 17, 2009
Minutes Page 6 of 9
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 a~
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.
2. APPROVAL OF MINUTES -REGULAR MEETING OF FEBRUARY 3, 2009
Motion: Approve the Minutes of Regular City Council Meeting held on
February 3, 2009.
3. 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.
4. 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.
5. DECLARATION 4F 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.
City Council Meeting February 17, 2009
Minutes Page 7 of 9
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.
Motion carried 5-0.
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.
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
City Council Meeting February 17, 2009
Minutes Page 8 of 9
Motion carried 3-1-1 (Palmer abstained and Amante dissented).
8. 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
Motion carried 5-0.
9. LEGISLATIVE REPORTS -MISCELLANEOUS
None
OTHER BUSINESS /COMMITTEE REPORTS
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.
City Council Meeting February 17, 2009
Minutes Page 9 of 9
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 7t" Miss Tustin at Beckman High School;
• March 14t" 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
Minutes Page 10 of 9