HomeMy WebLinkAbout00 CC AGENDA 4-7-2009
CITY OF TUSTIN APRIL 7, 2009
REGULAR MEETING OF THE COUNCIL CHAMBER
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Jerry Amante, Mayor Pro TemWilliam 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
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER
– Meeting #2208
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
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.
REGULAR CITY COUNCIL MEETING
7:00 P.M.
CALL TO ORDER
– Meeting #2208
INVOCATION
– American Legion
PLEDGE OF ALLEGIANCE –
American Legion
NATIONAL ANTHEM
– Brittany Taylor, Miss Tustin 2009
ROLL CALL
– City Clerk
CLOSED SESSION REPORT
– City Attorney
PRESENTATIONS
Certificates of Recognition presented by Mayor Davert to 2009 Miss Tustin and her
Court
Miss Tustin, Brittany Taylor
st
1 Runner–up, Ana Griese
nd
2 Runner-up, Tamara Grabowski
rd
3 Runner-up, Chloe Hall
Plaque presented by Planning Commission and Certificates of Recognition presented
by Mayor Davert to Michael Demoratz and Lindburgh McPherson at 310 S. Pasadena
Ave., Tustin, CA 92780 for Outstanding Old Town Property
Proclamations presented by Mayor Davert to outgoing Community Services
Commissioners Kimberly Powell Albarian, Vern Glaser, and Kim Leason
Presentation by Tustin Chamber of Commerce representative on “Totally Tustin” program
City Council Meeting April 7, 2009
Agenda Page 2 of 9
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: CONDITIONAL USE PERMIT 09-002 & DESIGN REVIEW
09-003 PROJECTING SIGNS AT BEACH PIT BBQ
Beach Pit BBQ is proposing to install two (2) projecting signs on the building at
560 EI Camino Real. The City Council is requested to review and approve
Conditional Use Permit (CUP) 09-002 and Design Review (DR) 09-003 for the
two proposed projecting signs.
On March 10, 2009, the Planning Commission held a public hearing and
recommended that the City Council approve Conditional Use Permit 09-002 and
Design Review 09-003.
Recommendation: Adopt resolution.
RESOLUTION NO. 09-15 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA APPROVING CONDITIONAL USE
PERMIT (CUP) 09-002 AND DESIGN REVIEW (DR) 09-003 TO INSTALL
TWO (2) PROJECTING SIGNS ON THE BUILDING AT 560 EL CAMINO
REAL (BEACH PIT BBQ)
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 15)
2. APPROVAL OF MINUTES – REGULAR MEETINGS OF MARCH 17, 2009
Recommendation: Approve the Minutes of the Regular City Council Meeting held
on March 17, 2009.
City Council Meeting April 7, 2009
Agenda Page 3 of 9
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amounts of $2,990,858.33;
Reversals in the amount of $795,192.50; Demands in the amount of
$2,436,652.23; and Payroll in the amount of $722,712.94.
4. PLANNING ACTION AGENDA – MARCH 24, 2009
All actions of the Planning Commission become final unless appealed by the City
Council or members of the public.
Recommendation: Receive and file.
5. AWARD A CONTRACT FOR CITY PRINTER SERVICES
Award a contract to The Halftone Shop for the quarterly Tustin Today/City Scene
brochure and other Citywide printing services and authorize the City Manager to
execute a contract subject to the City Attorney’s approval as to form.
Recommendation: Award a contract to The Halftone Shop for printing Tustin
Today/City Scene brochure, in an amount not to exceed $12,530 per quarter.
6. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE CAMINO REAL PARK
PLAYGROUND EQUIPMENT INSTALLATION (CIP NO. 2059)
Construction of the Camino Real Park Playground Equipment Installation (CIP
No. 2059) has been completed and is ready for acceptance and filing of the
Notice of Completion.
Recommendations:
6.a. Adopt resolution; and
RESOLUTION NO. 09-16 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN CALIFORNIA ACCEPTING THE WORKS OF
IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE
NOTICE OF COMPLETION FOR THE CAMINO REAL PARK
PLAYGROUND INSTALLATION (CIP NO. 2059)
6.b. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
City Council Meeting April 7, 2009
Agenda Page 4 of 9
7. AWARD OF BID FOR THE PINE TREE PARK PLAYGROUND INSTALLATION
(PROJECT NO. 2059)
The bid opening for the Pine Tree Park Playground Installation project was held
on March 26, 2009. City Council is requested to award the bid to Installation Pros,
Inc., in the total amount of $37,806.00
Recommendation: Award the contract to Installation Pros, Inc. of Pomona,
California in the amount of $37,860.00 subject to the approval of contract
requirements by the City Attorney and final execution.
8. CONSIDERATION OF CLAIM OF SIRLEY GUILLEN, CLAIM NO. 08-46
The Claimant reported that a tree branch from a City tree on West 6th Street fell
on to the roof of her car, causing a dent and scratches.
Recommendation: Deny Claim Number 08-46, Sirley Guillen, and direct Staff to
send notice thereof to the Claimant.
9. CONSIDERATION OF CLAIM OF JOANNE SLAUGHTER, CLAIM NO. 08-50
The Claimant reported that while entering the wheelchair ramp northbound crossing First
Street at EI Camino Real, while going up onto the sidewalk, her wheelchair struck the
curb causing her wheelchair to "flip over", resulting in injury to her right leg, and "other
injuries". There was no incident report or medical aide call recorded at the time of the
alleged incident. Orange County Fire Authority was called to Claimant's residence the
day after alleged incident for medical aide.
Recommendation: Deny Claim Number 08-50, Joanne Slaughter, and direct Staff
to send notice thereof to the Claimant.
10. CONSIDERATION OF CLAIM OF STEVEN KOERNER, CLAIM NO. 09-01
The Claimant alleges that he suffered a panic-induced asthma attack on
November 8, 2008 as a result of being illegally detained by the Tustin Police
Department.
Recommendation: Deny Claim Number 09-01, Steven Koerner, and direct Staff
to send notice thereof to the Claimant.
11. CONSIDERATION OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM
OF JAMES CARRUTHERS, CLAIM NO. 09-04
City Council Meeting April 7, 2009
Agenda Page 5 of 9
The Claimant alleges dog bite injuries and a broken arm stemming from the use
of a City of Tustin Police Service Dog. The Claimant submitted claims to the City
of Orange and the County of Orange on October 21, 2008.
Recommendation: Deny the Application for Leave to Present Late Claim Number
09-04, James Carruthers, and direct Staff to send notice thereof to the Claimant.
12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE HEWES AVENUE WATER MAIN
REPLACEMENT PROJECT (CIP NO. 6161)
Construction of the Hewes Avenue Water Main Replacement Project from Vale
Ave to Fairhaven Avenue (CIP No. 6161) has been completed to the satisfaction
of the City Engineer and is now ready for City Council acceptance.
Recommendations:
12.a. Adopt resolution; and
RESOLUTION NO. 09-17 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF
IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE
NOTICE OF COMPLETION FOR THE HEWES AVENUE WATER MAIN
REPLACEMENT PROJECT FROM VALE AVENUE TO FAIRHAVEN
AVENUE (CIP NO. 6161)
12.b. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
13. SET A PUBLIC HEARING FOR MAY 19, 2009 TO CONSIDER APPROVAL OF
THE CITY'S HAZARD MITIGATION PLAN
Federal law requires the City to prepare a Hazard Mitigation Plan in order to
remain eligible for federal pre and post-disaster mitigation funds. Staff has
completed the draft Hazard Mitigation Plan which must be approved at a public
hearing. Staff is requesting the City Council set the public hearing for May 19,
2009.
Recommendation: Set a public hearing for May 19, 2009 to consider adoption of
the City's Hazard Mitigation Plan.
14. SET A PUBLIC HEARING FOR JUNE 2, 2009 PURSUANT TO THE
REQUIREMENTS OF PROPOSITION 218 TO CONSIDER THE
ESTABLISHMENT OF SOLID WASTE RATES FOR FY 09-10
City Council Meeting April 7, 2009
Agenda Page 6 of 9
Pursuant to Proposition 218, a public protest hearing is required to set solid waste
rates. Staff is requesting the City Council set a public hearing on June 2, 2009 at
7:00 P.M. to consider the residential and commercial rate adjustments.
Recommendation: Set a public hearing for June 2, 2009 at 7:00 p.m. to consider
rate adjustments for FY 09/10.
15. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE
THE NOTICE OF COMPLETION FOR THE DEMOLITION AND REMOVAL OF
BUILDINGS AND STRUCTURES ON FUTURE TUSTIN LEGACY PARK SITE
(CIP NO. 2043)
Work for the Demolition and Removal of Buildings and Structures on Future
Tustin Legacy Park Site (CIP No. 2043) has been completed to the satisfaction of
the City Engineer and is now ready for City Council acceptance.
Recommendations:
15.a. Adopt resolution; and
RESOLUTION NO. 09-12 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF
IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE
NOTICE OF COMPLETION FOR THE DEMOLITION AND REMOVAL OF
BUILDINGS AND STRUCTURES ON FUTURE TUSTIN LEGACY PARK
SITE (CIP NO. 2043)
15.b. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring
discussion. (Agenda Items 16 thru 20)
16. ORDINANCE SECOND READING: ORDINANCE NO. 362, AMEND CITY CODE
SECTION 5331n TO APPROVE PERMIT ONLY PARKING ZONES FOR THE
ESTABLISHMENT OF PREFERENTIAL PERMIT PARKING ALONG
COPPERFIELD DRIVE, RED HILL AVENUE TO SANDBROOK DRIVE
Residents of Copperfield Drive have expressed concerns regarding an overflow
of parking from adjacent apartments. These residents have requested that the
City establish overnight on-street permit parking and designate Copperfield Drive
as an on-street permit parking zone.
City Council Meeting April 7, 2009
Agenda Page 7 of 9
Recommendation: Have second reading by title only and adoption of Ordinance
No. 1362 (roll call vote).
ORDINANCE NO 1362 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN CALIFORNIA AMENDING TUSTIN CITY CODE
SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR
PARKING BY PERMIT ONLY
17. TUSTIN LIBRARY LEASE AND MEMORANDUM OF UNDERSTANDING FOR
ENHANCED EDUCATIONAL SERVICES
Tustin City Council approval is requested to authorize the City to enter into a
long-term Lease between the City of Tustin and the County of Orange for the new
Tustin Library and to enter into a Memorandum of Understanding for Enhanced
Educational Services at the new Tustin Library between the County of Orange,
Tustin Unified School District (TUSD) and the City (the "MOU").
Recommendations:
17.a. Approve the Tustin Library Lease between the City of Tustin and County of
Orange and authorize the City Manager and/or Assistant City Manager to
make minor changes to the Lease as a result of final discussions with the
County of Orange and to execute the Lease subject to approval of the City
Attorney of all Lease documents; and
17.b. Authorize the City Manager and/or Assistant City Manager to execute the
Guiding Principles and Memorandum of Understanding between the
County of Orange, City of Tustin and Tustin Unified School District for
Enhanced Educational Services in conjunction with the new Tustin Library.
18. EXPENSE GUIDELINES AND REIMBURSEMENT POLICY
At its March 17, 2009 meeting the City Council directed staff to prepare
amendments to the City's expense guidelines and reimbursement policy for City
Council and Commission members.
Resolution No. 09-18, attached, would adopt new guidelines that reflect the City
Council's March 17, 2009 discussion about expenses.
Recommendation:Pleasure of the City Council.
19. REVIEW OF CITY MEMBERSHIPS
Councilmember Palmer requested that the City Council discuss City-paid
memberships in organizations and associations. Attached is a list of all City-paid
memberships for fiscal year 2008-09.
City Council Meeting April 7, 2009
Agenda Page 8 of 9
Recommendation:Pleasure of the City Council.
20. LEGISLATIVE REPORTS
Council may also request that staff prepare additional reports, and/or letters of
support/opposition on legislative matters that are time-sensitive and not
agendized.
Recommendation: Pleasure of the City Council.
OTHER BUSINESSCOMMITTEE REPORTS
/ - City Manager, City Attorney, City Council
ADJOURNMENT
– The next meeting of the City Council is scheduled for Tuesday, April
21, 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 April 7, 2009
Agenda Page 9 of 9