The URL can be used to link to this page

Home My WebLink AboutCC MINUTES 2009 02 17MINUTES 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 1. Heath (no show) 5. Murray, Elwyn "AI"* 2. Kasalek, Marge* 6. Samra, Madip Kaur 3. Korengold (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 City Council Special 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 ~. I-lo~~h~ (_`~rr~i (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. AMELA STOK City Clerk City Council Special 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 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 PropertLr: 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 10 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 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 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 10 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 10 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; City Council Meeting February 17, 2009 Minutes Page 6 of 10 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. 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 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 City Council Meeting February 17, 2009 Minutes Page 7 of 10 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 and asked if the City could extend the usage of computers to save money. 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 City Council Meeting February 17, 2009 Minutes Page 8 of 10 REGULATIONS FOR THE ABATEMENT OF SHOPPING CART NUISANCE 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: • Provided extensive report on her educational Colorado River Aqueduct trip; learned how Southern California acquires water from the Colorado River; indicated that conservation is the least expensive source of new water; provided helpful tips; explained how water is pumped and transferred; and pointed out that we are in our 3~d year drought; and • Thanked Public Works Director Tim Serlet and Assistant Director Doug Stack for tour of Tustin's water facilities. 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 City Council Meeting February 17, 2009 Minutes Page 9 of 10 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 7th Miss Tustin at Beckman High School; • March 14th Casino Night at Senior Center; • Today hosted Congressman John Campbell's new Chief of Staff; 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. DOUG DAVERT Mayor PAMELA STOKER City Clerk City Council Meeting February 17, 2009 Minutes Page 10 of 10