HomeMy WebLinkAbout05 CC Action Agenda 4-21-09ITEM #5
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Report to the ~~~•
Planning ~Commissian
DATE: APRIL 28, 2009
SUBJECT: CITY COUNCIL ACTION AGENDA
APRIL 21, 2009
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT: CITY COUNCIL ACTION AGENDA
APRIL 21, 2009
ACTION AGENDA
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
APRIL 21, 2009
CALLED TO ORDER MEETING #2209 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 Huizar, Chief Deputy
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. Existing Litigation [Subdivision (a) of Government Code 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 [Government Code Section 54957.6]
Agency Negotiators:
Emolovee Oraanization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp lo
y e Org
e anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Emp loy ee Org anization:
Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
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
City Council Meeting
Action Agenda
April 21, 2009
Page 1 of 10
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 #2209 AT 7:00 P.M.
INVOCATION - Councilmember Jim Palmer
PLEDGE OF ALLEGIANCE -Mayor Doug Davert
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
• Proclamation presented by Mayor Davert to the Orange County Fire Aurhority in
recognition of Arson Awareness Week
PUBLIC HEARING ITEMS
1. 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
The Community Development Department is proposing to submit to the U.S.
Department of Housing and Urban Development (HUD) a Program Year (PY)
City Council Meeting April 21, 2009
Action Agenda Page 2 of 10
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.
Public Hearing opened at 7:06 p.m. There were no speakers and the hearing
closed at 7:07 p.m.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to adopt resolution.
RESOLUTION NO. 09-14 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRA^~1
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
Motion carried 5-0.
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 previc~~_~s
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.
Staff report presented by Police Captain Charlie Celano
Public Hearing opened at 7:11 p.m. There were no speakers and the hearing
City Council Meeting April 21, 2009
Action Agenda Page 3 of 10
t~,
s:
closed at 7:11 p.m.
Mayor Amante noted that it is a great program that will enhance our police
services.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Gavello to:
2.a. Authorize usage of the funds as recommended by the Police Department;
and
2.b. 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.
Motion carried 5-0.
ORAL COMMUNICATION /PUBLIC INPUT
• Archie Dove representing the Tustin Community Foundation thanked the Council for
support and invited all to attend the 1St Annual Volunteer Appreciation luncheon that
will be held on April 30tH
CONSENT CALENDAR ITEMS -Mayor Pro Tem Amante pulled item #3 for revision and
Councilmembers Nielsen and Gavello pulled item #7 for separate action. It was moved by
Councilmember Nielsen, seconded by Councilmember Gavello to approve balance of
Consent Calendar items as recommended by staff. Motion carried 5-0.
3. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 17, 2009 ANJ
APRIL 7, 2009
Mayor Pro Tem Amante noted for the record that page 15 of the April 7, 2009
Minutes were changed to say "Sales and property tax revenues are significantly
low."
Motion: Approve the Minutes of the Regular City Council Meetings held on March
17, 2009 and April 7, 2009 as revised.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
City Council Meeting April 21, 2009
Action Agenda Page 4 of 10
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.
Motion: Adopt resolution.
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
Motion: 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
AUTHORIZATION TO CONTRACT FOR SERVICES FOR (A) COLLECTION
AND PROCESSING OF ADMINISTRATIVE CITATIONS; AND (B) HEARIf°~
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.
Councilmember Nielsen asked about location of companies, wanted to be sure
they were in U.S. Both companies are in Orange County (Tustin and Newport
Beach). Councilmember Gavello asked about costs associated with contracf:
Cost Range for hearing officers is $190 - $250 per hour, trying to negotiate at
$190/hr rate. Councilmember Gavello asked what other cities using similar
services. CDD Director responded that about 3/4 of the cities in Orange County
are using similar services; it is a deterrent to costly litigation. Decriminalizing
zoning violations and taking an administration approach have prompted this
proposal. Three individuals for hearing officers - on rotating basis, and citation
City Council Meeting April 21, 2009
Action Agenda Page 5 of 10
program will be using one of two companies. Mayor Davert reiterated that this
replaces a much more cumbersome, expensive process.
Motion: It was moved by Councilmember Gavello, seconded by Councilmember
Palmer to authorize and direct the Community Development Director to enter iri~o
contract for professional services to provide:
a) Collections and processing services of administrative citations; and
b) Hearing Officer services for administrative citation appeals.
Motion carried 5-0.
REGULAR BUSINESS ITEMS
8. TUSTIN LIBRARY LEASE
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.
City Manager Huston noted that the amount to be inserted in section 9 is $7,000
per year.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to 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. Motion carried 5-0.
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:
1. 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:
City Council Meeting April 21, 2009
Action Agenda Page 6 of 10
• 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.
Mayor Pro Tem Amante summarized Bill. Letter of opposition to be sent to
legislators.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Palmer to oppose 406. Motion carried 5-0.
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
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.
Mayor Pro Tem Amante requested revisions to the proposed letters. Changes to
letters: In both letters change second paragraph, first page, add alleged
before 'projected long-term benefit'; SB 295 page two, first p aragraph is
there in error, eliminate that paragraph.
Mayor Pro Tem Amante gave background of the bills and recommended their..
support. Council Member Nielsen added that OCCOG also supports SB 295.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Nielsen to direct staff to transmit the letters of support to
City Council Meeting April 21, 2009
Action Agenda Page 7 of 10
the authors of the legislation and to the Governor if either bill is passed by
the legislature. Motion carried 5-1 (Gavello dissented).
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. No other items added to the Agenda.
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.
Motion: It was moved by Councilmember Palmer, seconded by Councilmember
Gavello to 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. Motion carried 5-0.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
• Attended Joint Executive Meeting of the Newport Bay Exec Committee and the One
Watershed Steering Committee (OWOW), which is developing a governance document
that will do an integrated regional water management plan and prioritize projects; and will
compete for $250,000 in grant funds under Prop 84 that are administered by the
California Dept of Water Resources. Trying to combine two committees to review the
water needs of the area (NBEC and OWOW). The majority has agreed to work toward
combining into one group.
City Council Meeting April 21, 2009
Action Agenda Page 8 of 10
Councilmember Palmer:
• Joined council at the water well opening (Pasadena Well);
• Represented City on the O.C. Library Board, elected Chair -budget is $45 million;
proposed budget would be flat this year; 30% decrease in the books and on-line services;
but increase central services and overhead costs.
Councilmember Nielsen:
• Attended Chamber of Commerce breakfast speaker was Congressman Campbell.
• Worked at Pancake breakfast at Easter Egg Hunt which benefited the Tustin Community
Foundation; doubled sales from last year; complimented staff for efforts;
• Attended Boys Scouts "Go Green Camporee" event;
• Represented Council at opening season ceremony for the California Youth Soccer
League;
• Tustin High Friends and Family Night fundraiser, 11 Time National Championship
organization;
• Invited all to attend the Annual Volunteer Recognition Luncheon on April 30t".
Mayor Pro Tem Amante:
• Congratulated Public Works for Pasadena Well grand opening;
• Easter Egg Hunt and Pancake Breakfast huge success;
• OCTA budget review; lack of sales tax revenue is also impacting City budgets; lack of
support by legislature; OCTA staff will be making presentation on recently launched
interactive website in May.
Mayor Davert:
• Attended the Senior Center's Volunteer Recognition Luncheon today; 12,140 hours
recognized for 2008; thanked and congratulated all the seniors;
• Saturday, April 25th, will be Community Yard Sale at the Senior Center from 8 to 12
noon;
• Easter Egg Hunt brought thousands of children; thanked all involved in success;
• Appeared on Panel for the Urban Land Institute on the economy and what cities can
do to encourage business in the city;
• All committees working on budget issues; revenues down and expenditures will need
to drop significantly;
• Airport Land Use Committee -City of Irvine Vision Plan to be considered on April 30t"
when it will be brought back for action;
• Sanitation District -dedicated new lift treatment water station in memory of Steve
Anderson of La Habra;
• Orange County Fire Authority budget discussion; Freeway Complex Fire After Action
Report received.
ADJOURNED - 7:50 P.M. -The next meeting of the City Council is scheduled for
Tuesday, May 5, 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 21, 2009
Action Agenda Page 9 of 10