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Home My WebLink About00 CC AGENDA 04-21-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember APRIL 21, 2009 _ ' COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~~ ~~ CALL TO ORDER -Meeting #2209 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 C. Existing Litigation - [Subdivision (a) of Section 54956.9] -Case Name: SEMA Construction, Inc. v. City of Tustin; City of Tustin v. IRWD, Case No.: OCSC 00101147 D. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 Agency Negotiators: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore 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 Cify Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. Em plo yee Org anization: Em plo yee Org anization: Emp loy ee Org anization: Emp lo yee Org anization: Em plo yee Org anization: Em plo yee Org anization: Em plo yee Org anization: Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Management Supervisory Executive Management REGULAR CITY COUNCIL MEETING 7:00 P.M. CALL TO ORDER -Meeting #2209 INVOCATION -Benjamin Hoang, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Davert ROLL CALL -City Clerk CLOSED SESSION REPORT -City Attorney PRESENTATIONS • Proclamation presented by Mayor Davert to the Orange County Fire Aurhority in recognition of Arson Awareness Week PUBLIC HEARING ITEMS 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 Items 1 and 2) PUBLIC HEARING: PROGRAM YEAR 2009-10 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION, PROGRAM YEAR 2009-10 ACTION PLAN AND AMENDMENT TO PROGRAM YEARS 2001-02, 2003-04, 2005-06, AND 2007-08 ACTION PLANS City Council Meeting April 21, 2009 Agenda Page 2 of 8 The Community Development Department is proposing to submit to the U.S. Department of Housing and Urban Development (HUD) a Program Year (PY) 2009-10 Action Plan, which describes the activities that the City will undertake during the program year. The Action Plan includes the program budget for disbursement of Community Development Block Grant (CDBG) funds. HUD has not notified the City of its grant award amount for PY 2009-10 and for planning purposes, HUD suggested the City should use the previous year funding amount. On February 17, 2009, the City Council conducted a public hearing and directed staff to prepare an Action Plan for Program Year 2009-10 reflecting the recommended projects and funding amount. The Community Development Department is also proposing to amend previous years' Action Plan to reallocate unexpended funds from previously approved projects. An amendment to an Action Plan is required when adding a new activity not previously described in the Action Plan of the respective Program Year. Recommendations: 1.a. Hold the second required public hearing to receive public input and testimony; and 1.b. Adopt resolution. RESOLUTION NO. 09-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2009-10 ACTION PLAN AND FUNDING ALLOCATION; DIRECTING STAFF TO ADJUST FUNDING AMOUNTS FOR PROGRAM YEAR 2009-10 BASED ON THE ACTUAL GRANT AWARD; APPROVING THE AMENDMENTS TO PREVIOUS PROGRAM YEAR ACTION PLANS TO REALLOCATE UNEXPENDED FUNDS; AND, AUTHORIZING SUBMISSION OF THE PROGRAM YEAR 2009-10 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 2. PUBLIC HEARING: 2009 JUSTICE ASSISTANCE GRANT (JAG) Congress established the Byrne Justice Assistance Grant (JAG) program in the 2005 Omnibus Appropriations Package. The JAG program blends the previous Edward Byrne Formula Grant (Byrne) and the Local Law Enforcement Block Grant (LLEBG) programs into one program, which is intended to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. The Police Department proposes to use the 2009 JAG funds to provide supplemental funding to the Proactive Methamphetamine Task Force (PROACT) and to implement a wireless local area network for data transfer from police units to storage areas. Recommendations: City Council Ibleeting April 21, 2009 Agenda Page 3 of 8 2.a. Open and close a Public Hearing; 2.b. Authorize usage of the funds as recommended by the Police Department; and 2.c. Authorize reimbursement from the County of Orange to the City of Tustin for the implementation of a wireless local area network, and authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 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 3 through 7) 3. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 17, 2009 AND APRIL 7, 2009 Recommendation: Approve the Minutes of the Regular City Council Meetings held on March 17, 2009 and April 7, 2009. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $1,539,335.22; $527,861.25; and $521,625.09; and Payroll in the amount of $744,624.08. 5. ADOPTION OF IDENTITY THEFT PREVENTION PROGRAM The Federal Trade Commission requires the adoption of an identity theft prevention program as part of the Fair and Accurate Credit Transactions Act (FACT) of 2003 before May 1, 2009. Recommendation: Adopt resolution. City Council Meeting April 21, 2009 Agenda Page 4 of 8 RESOLUTION NO. 09-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM 6. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF PATRICK KILGORE Recommendation: Adopt resolution. RESOLUTION NO. 09-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT PATRICK KILGORE, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER 7. AUTHORIZATION TO CONTRACT FOR SERVICES FOR (A) COLLECTION AND PROCESSING OF ADMINISTRATIVE CITATIONS; AND (B) HEARING OFFICER SERVICES Ordinance No. 1358 was adopted on November 04, 2008, to amend Tustin City Code Section 1112, relating to code enforcement and administrative citations. The Ordinance created a means to ensure compliance with the Tustin City Code in a timely and efficient manner thereby improving the quality of life, maintaining property values, and reducing the burden on the judicial system while providing for due process for those cited. On February 3, 2009, the Council gave authorization to advertise for proposals for collection and processing services of the administrative citation and professional services for hearing officers. Recommendation: Authorize and direct the Community Development Director to enter into contract for professional services to provide: a) Collections and processing services of administrative citations; and b) Hearing Officer services for administrative citation appeals. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 8 thru 10) 8. TUSTIN LIBRARY LEASE Tustin City Council approval is requested to authorize the City to enter into along- City Council Meeting April 21, 2009 Agenda Page 5 of 8 term Lease between the City of Tustin and the County of Orange for the new Tustin Library. Recommendation: 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. 9. LEGISLATIVE REPORTS: SENATE BILL 406 (DeSAULNIER); AND ASSEMBLY BILL 118 (LOGUE) AND SENATE BILL 295 (DUTTON) Staff has prepared two (2) agenda reports that discuss the following legislative items: SENATE BILL 406, as introduced, DeSaulnier. Land use: environmental quality. The Planning and Zoning Law establishes the Planning Advisory and Assistance Council in the Office of Planning and Research, and prescribes the membership and duties of the council. Existing law authorizes the Department of Motor Vehicles to collect a surcharge imposed on vehicle registration fees by ordinance or resolution of a local entity. SB406 can be summarized as follows: The bill would change the designated membership, of the Planning Advisory and Assistance Council and would require that the council work with the Strategic Growth Council. The bill would also require the council to report to the Legislature on specified regional performance measures and on the manner in which state agencies are implementing the 5-year infrastructure plan. The bill would authorize a municipal planning organization or council of governments to adopt a resolution to impose a $2 motor vehicle registration surcharge on vehicles registered in the entity's jurisdiction that would be collected by the Department of Motor Vehicles and, after deducting its administrative costs, would be transmitted to the entity imposing the surcharge. The bill would require that the surcharge revenue be expended to develop and implement a regional blueprint plan and would specify that 5% of the surcharge revenue be transmitted to the council for performance of its functions. The bill would provide that the council is to perform specified new functions only when the council has received sufficient revenue from this source. Staff Recommendation: Pleasure of the City Council. 2. SUPPORT OF ASSEMBLY BILL 118 AND SENATE BILL 295 At the April 7, 2009, City Council meeting, Council members requested that staff agendize a discussion regarding State Assembly Bill (AB) 118 and City Council Meeting April 21, 2009 Agenda Page 6 of 8 State Senate Bill (SB) 295. AB 118 would repeal the California Global Warming Solutions Act of 2006 (AB 32) in its entirety. SB 295 would postpone the requirements of AB 32 until the required programs receive more funding and other thresholds are met. Attached are two draft letters expressing support of these two bills due to the threat of significant economic harm to the State of California that could occur if AB 32 is implemented as adopted. Staff Recommendation: Direct staff to transmit the letters of support to the authors of the legislation and to the Governor if either bill is passed by the legislature. 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. 10. SOUTHERN CALIFORNIA EDISON REQUEST FOR RULE MODIFICATIONS TO ACCOMMODATE SCE'S INITIATIVE TO INSTALL ABOVE-GROUND EQUIPMENT IN SCE'S UNDERGROUND DISTRIBUTION SYSTEMS WHENEVER FEASIBLE Southern California Edison (SCE) has filed an "Advice" with the Public Utilities Commission (PUC) advising the PUC of an SCE initiative that would effectively eliminate underground installation of electrical equipment, including transformers, for distribution systems. Once this "initiative" is implemented, SCE will only accept designs for installation of this equipment in aboveground enclosures. Although SCE professes a desire to locate such facilities on private property, the default location of such facilities will be the public right-of-way. This "initiative" will adversely affect the ability of the City to require or negotiate for placement of these facilities underground. The date of this Advice is April 14, 2009 and it was received on April 16, 2009. The deadline for comment and/or protest is May 4, 2009. The City Council meeting of April 21 is the last date the Council can authorize a response or protest. Recommendation: Authorize the City Attorney's Office in conjunction with the Community Development and Public Works Departments to file a protest with the PUC, outlining the City's concerns and requesting that the proposed initiative require SCE to fully comply with all local ordinances in the placement of electrical distribution systems and facilities in the public rights-of-way. City Council Meeting April 21, 2009 Agenda Page 7 of 8 OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT - The next meeting of the City Council is 5, 2009 at 5:30 p.m. for the Closed Se Regular Business Meeting at 7:00 p.m. Centennial Way, Tustin, California. scheduled for Tuesday, May ssion Meeting, followed by the in the Council Chamber, 300 City Council Meeting Agenda April 21, 2009 Page 8 of 8