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Home My WebLink AboutCC MINUTES 2009 03 03MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MARCH 3, 2009 CALLED TO ORDER MEETING #2206 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 R. Huizar, Chief Deputy City Clerk 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 identified as the Pacific Center East/Former AAE site as legally described in the RFP issued by the Agency, a copy of which is on file with the City Clerk's office Negotiators: City of Tustin - Christine Shingleton, Assistant City Manager; and Opus West -Jeff Hill D. Existing Litigation [Government Code Section 54856.9(a)] -Three cases o Marble Mountain Partners, LLC v. City of Tustin et al., Case No. 30-2008- 00116681 o Larry Smith, Old Town Inc. v. City of Tustin: Petition for Writ of Mandate o Janice M. Ohman, Claim Nos. 08-15, 07-19, and 03-14 City Council Meeting March 3, 2009 Minutes Page 1 of 7 AGENDA ITEM ADDED At the City Attorney's request, motion that there is an immediate need to take action on a matter and that need arose after the posting of the Agenda and the following item should be added to the Agenda: E. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) - AAE v. City of Tustin, Claim No. 08-25 Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Nielsen, to add item to Closed Session. Motion carried 5-0. RECESSED - At 5:31 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 CALL TO ORDER MEETING #2206 AT 7:00 P.M. INVOCATION -Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante 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. City Council Meeting March 3, 2009 Minutes Page 2 of 7 PUBLIC HEARING ITEM 1. PUBLIC HEARING: PARKING FINE INCREASE Pursuant to Senate Bills 425 (2007) and 1407 (2008), the State of California has imposed "Courthouse Construction Surcharges" on all parking citations. Effective January 1, 2009, the surcharge is $4.50 per citation paid. Notice of Public Hearing published in the Tustin News on February 19 and 26, 2009. Staff report presentation by Police Chief Scott Jordan. Public Hearing opened at 7:06 p.m. There were no speakers and the hearing closed at 7:07 p.m. Mayor Pro Tem Amante noted that this was another pass down from Sacramento to ask local governments to increase fines to cover their costs for trial courts for enforcement of justice. Mayor Davert concurrent and indicated that choice was to subsidize courts through general funds or approve pass through fee per violation. Motion: It was moved by Mayor Pro Tem Amante, seconded by Mayor Davert to approve an increase of $5.00 per violation on all Tustin City Code parking violations as a State Pass-Through Fee effective immediately. Motion carried 5-0. ORAL COMMUNICATION /PUBLIC INPUT -Jolene Napoletano requested support for City ordinance banning smoking in common interest development areas. CONSENT CALENDAR ITEMS - Councilmembers Nielsen and Gavello requested that items 6, 7, and 9 be pulled for separate action. Mayor Pro Tem Amante noted that some revisions had been made to the proposed Regular City Council Meeting Minutes and should be approved as prepared. 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 - SPECIAL AND REGULAR MEETINGS OF FEBRUARY 17, 2009 Motion: Approve the Minutes of Special and Regular City Council Meetings held on February 17, 2009. City Council Meeting March 3, 2009 Minutes Page 3 of 7 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $784,848.87 and $668,092.11; and Payroll in the amount of $705,037.56. 4. PLANNING ACTION AGENDA -FEBRUARY 24, 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. DESTRUCTION OF RECORDS- TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 34090 and Resolution No. 01-91 permits destruction of records, which meet certain criteria with the approval of the City Council by resolution and the written consent of the City Attorney. Motion: Adopt resolution. RESOLUTION NO. 09-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 6. MCAS TUSTIN MITIGATION MONITORING AND REPORTING PROGRAM Since the disposal and reuse of MCAS Tustin is a long-term program where mitigation measures may be applicable at individual development project level, overall program level, construction level, or operational level; a regular review of the progress of the program through an annual report is required to coordinate implementation of the MMRP. Councilmember Nielsen requested clarification on "The District" traffic analysis; is it new information on parking and traffic flow; is Hangar #28, deemed by County economically non-feasible; when did that occur and what is status? Community Development Director Elizabeth Binsack responded that there was no new information since last year's report. Furthermore, Assistant City Manager Shingleton noted that there will not be a mandated preservation covenant by the Navy. The County is currently looking at a proposal for the City Council Meeting March 3, 2009 Minutes Page 4 of 7 Hangar, would like to preserve provided it is economically feasible. Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Nielsen to receive and file this report. Motion carried 5-0. 7` DECLARATION OF SURPLUS EQUIPMENT - PUBLIC WORKS DEPARTMENT Councilmember Gavello noted for the record that the value of the vehicles sold were low because they were police cars. Motion: It was moved by Councilmember Gavello, seconded by Councilmember Palmer to declare the equipment detailed in the report as surplus and not required for public use, in accordance with the Tustin City Code, Section 1626 and authorize the Public Works Department to sell the equipment at public auction. Motion carried 5-0. 8. AUTHORIZATION FOR THE STATE TO PURCHASE ONE RIDING LAWNMOWER Approval of Resolution No. 09-09 will authorize the General Services Department of the State of California to purchase one current model year John Deere riding lawnmower on behalf of the City of Tustin. Motion: Adopt resolution RESOLUTION NO. 09-09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS 9. AUTHORIZATION TO REPAIR PROSPECT WELL Authorize staff to proceed with the repair of Prospect Well. The well has experienced a mechanical failure rendering it inoperable. Upon inspection, it has been determined that both the well pump and motor require full rehabilitation or replacement. It is crucial that the well be repaired and returned to service as soon as possible. Councilmember Nielsen questioned insurance and long term maintenance forecasting. Opined that City should create subcommittee to review water issues. Councilmember Gavello concurred. Motion: It was moved by Councilmember Palmer, seconded by Councilmember Nielsen to Authorize the Director of Public Works/City Engineer to retain City Council Meeting March 3, 2009 Minutes Page 5 of 7 General Pump Company, in the amount, not-to-exceed $84,000, to repair Prospect Well. The total amount includes a 5% construction/reinstallation contingency. Motion carried 5-0. REGULAR BUSINESS ITEM 10. LEGISLATIVE REPORTS -MISCELLANEOUS None OTHER BUSINESS /COMMITTEE REPORTS Councilmember Gavello: • Noted that she is always looking at ways to increase revenues; would like to have City consider farming and selling lemons from grove at Citrus Ranch Park; • Public to be aware that Caltrans closing north bound Tustin Ranch Rd. at I-5 for construction. Would like staff to work with Caltrans to minimize impact. Public Works Director Serlet responded that lanes will be closed during non-peak hours, 9 a.m. to 3 p.m. to install ramp metering and will take approximately 3-4 days to complete; • Attended Tustin Area Council for Fine Arts' event last night where they announced this year's Broadway at the Park performance which will be "Anything Goes"; encouraged all to attend; • Attended Juice It Up! opening/ribbon cutting at The District; pointed out that owner donates profit back to our community; • Water report -encouraged all to conserve water; OC Register had cover article on rationing ordered by Governor; will be looking at tough new restrictions in the next couple of months; • Participated in Read Across America Day with Mrs. Stack's 4th grade class; • Asked that residents support their community by making large purchases in Tustin, especially when buying vehicles. Councilmember Palmer: • Attended Police Promotion Ceremony for new Police Sergeants, Lieutenant, and Captain; congratulated all. Councilmember Nielsen: • OCCOG report -received presentation by Metropolitan Water District; encouraged all to conserve water; looked at new cycle of OC growth forecast that will be available summer or fall of 2009. Regional Housing Needs Assessment report, and implementation of AQMD Rule 2301 reducing greenhouse gas emissions; suggest presentation on AB 32 & SB375 and effects on residents; • Attended Police Promotion Ceremony of Capt. Salano, Lt. Tarpley, Sgt. Brabeck & Sgt. Cartwright; • Clarified that Tustin Chamber of Commerce will make presentation in April regarding "Totally Tustin Committee" - a program to market Tustin and mark as destination City; and • Attended TACFA event where they revealed play for summer. City Council Meeting March 3, 2009 Minutes Page 6 of 7 Mayor Pro Tem Amante: • Requested presentation on AB32 and SB375; a Attended Central Corridor Committee of OCTA -study options for transportation in center of county; • OCTA Finance & Administration Committee sales tax down 8% from projected; to quantify „'~ backfill would lose about 300 employees and 80 mechanics; huge impact on our families; • Transportation Corridor Agency also reporting decrease in transactions and revenues; • Concerned with Washington DC's current spending deficit of $1.76 trillion; and • Staff to calendar review of policy on council expenditures. Mayor Davert: • Encouraged all to support local groups like Tustin Area Council Fine Arts by purchasing sponsorships or the like; • Noted that due to Metrolink maintenance there will be full closure of Red Hill Avenue on Friday March 6th thru March 8th (all weekend) and from March 9th through 11th from 8:00 p.m. to 4 a.m. Staff to post information on City Website; • City being recognize for 13th year in a row as Tree City USA; • Miss Tustin scholarship event on Saturday, March 6tn • Attended Police Promotion Event where Capt. Celano, Lt. Tarpley, Sgts. Brabeck and Cartwright were promoted; wished them best in new positions; • Met with Orange Mayor Cavecchi, Supervisor Campbell, and Orange staff to discuss sphere of influence; North Tustin divided between Orange and Tustin; Council action forthcoming on issue; • OCFA took delivery of a new helicopter; • Council stipend and expense policy to be agendized; • Wished daughter Grace a happy birthday -turned nine years old yesterday; and • Requested that meeting be adjourned in memory of Marilyn Jacobs who was an active member of our community and Dr. Brenda Ross who was councilmember and former mayor in Laguna Woods and had the pleasure of working with her at OCFA. ADJOURNED - 7:47 P.M. -The next meeting of the City Council is scheduled for Tuesday, March 17, 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. Adjourn in Memory of Marilyn Jacobs and Brenda B. Ross, Ed.D DOUG DAVEERT PAMELA STOKER Mayor City Clerk City Council Meeting March 3, 2009 Minutes Page 7 of 7