HomeMy WebLinkAbout01 MINUTES OF CC MEETING 2009 03 17 & 2009 04 21 05-05-09MINUTES OF THE REGULAR MEETING Agenda Item 1
OF THE CITY COUNCIL Reviewed: I~~
TUSTIN, CALIFORNIA City Manager
Finance Director au~
MARCH 17, 2009
CALLED TO ORDER MEETING #2207 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
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
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:
C. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a) - AAE v. City of Tustin, Case No.
030001932 and 030007137
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer,
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.
City Council Meeting March 17, 2009
Minutes Page 1 of 10
RECONVENED - At 6:59 p.m. City Council reconvened in public session with same
members present.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER MEETING #2207 AT 7:00 P.M.
INVOCATION -Benjamin Hoang, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Councilmember Gavello
ROLL CALL
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
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -Nothing to report.
PRESENTATION
• Presentation by Beatriz Fernandez, Partnership Specialist from the Orange County
Area US Census Bureau on "Census 2010"
ORAL COMMUNICATION /PUBLIC INPUT -None
CONSENT CALENDAR ITEMS -Mayor Davert 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.
1. APPROVAL OF MINUTES -REGULAR MEETINGS OF MARCH 3, 2009
Motion: Approve the Minutes of the Regular City Council Meeting held on March
3, 2009.
City Council Meeting March 17, 2009
Minutes Page 2 of 10
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve Demands in the amounts of $1,862,635.14 and $1,330,259.25;
and Payroll in the amount of $730,417.25.
3. PLANNING ACTION AGENDA -MARCH 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.
4. REVISION TO THE 2009 MCAS TUSTIN MITIGATION MONITORING AND
REPORTING PROGRAM
On March 3, 2009, the City Council reviewed, received and filed the 2009 MCAS
Tustin Mitigation Monitoring and Reporting Program (MMRP) annual status
report. Upon reviewing the report, some status reports were ambiguous, needing
further clarification. Accordingly, minor revisions are proposed for Council's
consideration.
Motion: Receive and file this report.
The California Government Code requires that the Planning Commission provide
a progress report to the City Council on the status of the City's General Plan and
the progress in its implementation, including the progress in meeting our share of
regional housing needs and efforts to remove governmental constraints to
housing development, maintenance, and improvement. On March 10, 2009, the
Planning Commission reviewed the annual report, recommended minor revisions
to the status report, requested that the City Council provide direction as to
amending the Noise Element goals and/or policies to include freeway sound walls
particularly in Old Town, and authorized staff to forward the report to the City
Council. With Council authorization, staff will forward the report to the State Office
of Planning and Research and the State Department of Housing and Community
Development in fulfillment of the State's requirement.
Council discussion:
Mayor Pro Tem Amante -indicated that he did not know where OCTA stood in
regards to the Noise Element, particularly on highways; would like to review with
citizens and highway committees; staff to provide information to Jeff Thompson
and together would convey to OCTA for possible funding by Caltrans.
City Council Meeting March 17, 2009
Minutes Page 3 of 10
Councilmember Nielsen -getting information from Old Town residents; review
warranted where the 5 and 55 freeways meet; and commented on RHNA
numbers.
Mayor Davert -genuine concern with freeway noise and overhead airport noise,
would advocate for sound barriers, particularly in Old Town.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to:
5.a. Review and authorize staff to forward this annual report to the State Office
of Planning and Research and the State Department of Housing and
Community Development; and
5.b. Look at any and all options regarding freeway sound walls, particularly in
Old Town.
Motion carried 5-0.
6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR
TRACT MAP NO. 16582, MOFFETT MEADOWS PARTNERS, LLC (COLUMBUS
GROVE)
All public non-backbone improvements associated with Tract Map No. 16582
have been completed. The Public Works Department is now recommending the
acceptance of public improvements and release of the public improvement and
monumentation bonds.
Motion: Release the following bonds in the indicated amounts:
Faithful Performance Bond (Bond No. 08821710) $376,685.00
Labor and Material Bond (Bond No. 08821710) . $188,343.00
Monumentation Bond (Bond No. 217 0070) $96,000.00
REGULAR BUSINESS ITEMS
7. AMEND CITY CODE SECTION 5331 n BY ORDINANCE 1362 TO APPROVE
PERMIT ONLY PARKING ZONES BY RESOLUTION AND CONSIDERATION
OF RESOLUTION 09-11 FOR THE ESTABLISHMENT OF PREFERENTIAL
PERMIT PARKING ALONG COPPERFIELD DRIVE, RED HILL AVENUE TO
SANDBROOK DRIVE
It is proposed to modify the procedure for designation of permit-only parking
areas to allow the City Council to approve the designations of such areas by
City Council Meeting March 17, 2009
Minutes Page 4 of 10
Resolution rather than by Ordinance. Doing so would save time in future
approvals or amendments to such parking zones. In addition, 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.
The following residents addressed the council:
1. Brent North -expressed concern with sustainability of growth in City; supports
proposed action;
2. Ginny Mueller, on-site manager of Avalon Apartments -noted lack of parking
in multi-bedroom units; request solution be proposed by City;
3. Tricia Meskel -opined that excess number of cars in area devaluing property;
4. Patrick Meskel -concerned with safety, peripheral vision, increased traffic,
parking in front of fire hydrants and covered vehicles parking in front of area
homes;
5. Alan Britt -requested Council reconsider permit parking on Myrtle between
Second and Main Streets; homes have single car driveways that are becoming
a problem with new regulations;
6. Bart Rainone, owners of Avalon Apartments -owned since 1978; has invested
a significant amount of money in renovating units; complex is 90% 2-3
bedroom with only 180 parking spaces; offsite parking vital;
7. Steve Silverstein -owns office on Red Hill in front of apartment units; lack of
parking on Red Hill affected vacancy; requested Council allow parking on Red
Hill during off-peak hours;
8. Emily Osterberg, representing Apartment Association of Orange County -
thanked Council for not changing future permit process from Ordinance to
Resolution; asked Council to allow permits for apartment owner/manager as
permit only for overnight parking; Council to consider compromise on trial
basis;
9. Ed Eloe -requested parking permit on Copperfield over 3 years ago; street
not for overflow parking; apartment owners should responsible for providing
parking for their tenants;
10.Toby Moore -overnight permit parking is needed, but process too stringent, if
oversized vehicle or vehicle not registered under name then cannot consider
for permit;
11.Tina Sebralla -concerned with overflow parking from apartment complex; oil
on streets; trash on streets; and noise at late hours;
Council discussion ensued.
Councilmember Gavello questioned what is difference between ordinance and
resolution on establishing parking permit process. City Attorney Holland clarified
that current proposal was to change from ordinance to resolution but if Council
decided not to approve Copperfield in the form of a resolution, then can introduce
ordinance tonight.
City Council Meeting March 17, 2009
Minutes Page 5 of 10
Councilmember Nielsen, in favor as ordinance, formalized due process for future
council members to follow. Complemented Mr. Rainone on upgrades to
apartment complex and residents that came out to discuss matter. Extensive
studies on parking found that parking lots are being under-utilized and in favor of
granting CopperField parking permit.
Mayor Pro Tem Amante, opposed to adoption of ordinance to change from
ordinance to resolution; commented that main arterials maximized opposed
because it provides balance to fundamental issues.
Councilmember Palmer, opposed to 7.a. recommendation; echoed comments of
Mr. Rainone, splendid complex; would like overnight capacity on Red Hill
considered at future meeting; disappointed with unfair comments about the type
of people parking on streets.
Councilmember Gavello, Avalon nice complex; would like flexibility in approving
process; review parking permit process in 6 months as previously discussed by
Council; staff to consider allowing parking on Red Hill during off-peak hours; and
agree with ordinance approval.
Mayor Davert, noted that staff has studied flex lane idea and noted that City
Engineer concerned with safety; Council to review permit process as previously
discussed; application by Copperfield pending for 3 years; supports permit
parking on Copperfield.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to deny Ordinance No. 1362. Motion 5-0.
Motion: It was moved by Councilmember Gavello, seconded by Councilmember
Nielsen to introduce an ordinance designating Permit Parking on Copperfield
Drive between Red Hill Avenue and Sandbrook Drive.
ORDINANCE NO. 1362 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE
SUBSECTION 5331 N REGARDING DESIGNATION OF ZONES FOR
PARKING BY PERMIT ONLY
Motion carried 4-1 (Palmer dissented).
COUNCIL RECESSED AT 8:15 AND RECONVENED AT 8:22 P.M. WITH SAME
MEMBERS PRESENT
9. GRAD NIGHT FUNDING
The Grad Night Committees from Beckman High School, Foothill High School
and Tustin High School have submitted requests for funding assistance from the
City Council Meeting March 17, 2009
Minutes Page 6 of 10
City Council.
• Shelleyanne Rein of Tustin High School and Jodi Twomey of Foothill High
School, requested assistance in funding Grad Night event.
Councilmember Palmer, inquired as to how much the school board contributes;
answer was nothing.
Mayor Pro Tem Amante, noted that former Councilmember Bone recurrently
opposed in the past; due to economic adversities would be opposed to funding
event.
Councilmember Nielsen, concerned with safety of minors that out-weights cost;
supporting donation of 50% of request;
Mayor Davert, personally supports program because of safety issue; reported that
for first time in 14 years schools will have decrease in property taxes; school
district should be responsible for funding program; city council priority is to benefit
all residents; requested all to donate personally to schools and Community
Foundation.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to deny request. Motion carried 4-1 (Nielsen dissented).
8. CITY COUNCIL EXPENSES
Mayor Pro Tem Amante requested that the City Council discuss its policy
regarding reimbursement of expenses for Council Members. Attached to the
Agenda Report is Resolution No. 06-111 which sets forth the current policy.
Mayor Pro Tem Amante, assured residents that City being as frugal as possible;
staff prepared 2 documents with countywide council salary (one in alpha order,
and the other in salary ranking); only expenses that should be reimbursed for are
out of area travel (mode of transportation, accommodations, and meals tied to
official meetings); would like staff to amend policy to include that stipend covers
County expenses; out of County expenses authorized with pre-approval. Amante
attended event where State Controller Chiang spoke about safety of investments
and complete lack of reserves; very concerned with State policies.
Councilmember Palmer, requested clarification on pre-approved travel expense
change. Mayor Pro Tem Amante asked that it be approved by Council.
Councilmember Nielsen, council position considered volunteer position.
Mayor Davert, generous stipend and benefit package; council to lead by example
with conservative policies.
City Council Meeting March 17, 2009
Minutes Page 7 of 10
Councilmember Gavello, cost conscious and conservative; expenses incurred in
2008 were a small amount, only .00054% of total budget; policy in question
approved by Mayor Davert and Mayor Pro Tem Amante on September 18, 2006;
questioned why changing now; concerned with running elitist council by not
allowing poor to run for Council; reimbursement request is small compared to
City's overall expenses; committees been appointed do not have stipends and
requested reimbursement for mileage to conduct City's business; opposed to
making policy change.
Mayor Pro Tem Amante, noted that policy approved for different economic times;
dollar amount not in question, but leadership; lead with sense of sacrifice.
Councilmember Gavello, requested that it be noted on the record that salary
survey provided to the Council tonight at the dais and cities listed have other
benefits Tustin doesn't and are not included in handout.
Mayor Davert, noted that has approved grad night in the past and not approved
this year; noted that stipend received by the Council covers expenses to conduct
the people's business; Mayor Pro Tem Amante's request reasonable.
Councilmember Gavello, requested reasonable expenses be reimbursed since
former councilmember's received reimbursements. Also, several members of the
Council are on committees that pay per meeting and mileage.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to have staff amend the Policy to include Council pre-authorization on
travel and bring back amended policy for review. Motion carried 4-1 (Gavello
dissented).
10. FOURTH QUARTER 2008 SOLID WASTE CONTRACT REPORT
CR&R achieved the contractually required 50% solid waste diversion goal in
2008, but has yet to provide a Recyclable Buyback Center in Tustin to comply
with contract requirements.
Joe Meyers, Public Works Administrative Services Manager provided summary
report of achievements to date.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to receive and file this report. Motion carried 5-0.
11. LEGISLATIVE REPORTS - AB155 (MENDOZA)
Staff has prepared one (1) agenda report as follow:
AB155 (Mendoza). would create a State Local Agency Bankruptcy Committee
(consisting of the State Treasurer, State Controller and Director of State
City Council Meeting March 17, 2009
Minutes Page 8 of 10
Finance) which would have to grant approval before a City could file for
bankruptcy protection under federal law. The author of the bill claims this
process is needed in order to protect the State's credit rating.
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.
Motion: It was moved by Mayor Davert, seconded by Mayor Pro Tem Amante to
authorize the Mayor to send a letter in opposition to AB 155 (Mendoza). Motion
carried 5-0.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
Enjoyed Miss Tustin program, impressed with contestants; and
Asked all to buy in Tustin, especially costly items.
Councilmember Nielsen:
• SCAG report -City of Walnut requested resolution opposing NFL Stadium Project and
took neutral position; once regional Councilmember member is elected cannot be
replaced during their term; RHNA dropped recommendation of regional income levels;
looking at draft budget; reviewed SCAG draft proposed legislative principles;
• Attended Miss Tustin pageant; congratulated winners and contestants;
• Attended Marmalade Cafe opening;
• Attended Casino Night; and
• Tustin Community Foundation having volunteer recognition luncheon on April 30th, at
Wilcox Manor, invited all to attend.
Councilmember Palmer:
• Appreciated discussion on cost savings; staff to agendize review and possible elimination
of membership dues at next meeting; and
• Appealed to fellow council members to avoid personal attacks since we will have to
review and make cuts in programs and expenses in the coming months; need to be
unified.
Mayor Pro Tem Amante:
• OCTA and TCA joint leadership meeting discussed regional issues, including 241 toll and
241 and 91 connector study and reviewed options for ease of transition that will allow
traffic relief; progress of Irvine/Corona Expressway geology study underway, coming for
discussion in late summer or early fall; not receiving much in Federal Stimulus funds;
discussed project readiness; major improvement study of Central Corridor to relieve 55
freeway;
• Attended meeting in Sacramento for TCA on alignment of 241 extension;
• Attended joint meeting of OCTA, TCA, and SANDAG discussed regional transit mobility
City Council Meeting March 17, 2009
Minutes Page 9 of 10
for service on LA/ San Diego corridor (LOSAN) to review transportation and coordinate
efforts among systems; trains relieve traffic and reduce pressure; implementation of AB
32 & 375; and
• Chief Executive Officer, Art Leahy announced that he is leaving OCTA to go back to MTA
in Los Angeles, publicly congratulate him; requested resolution (proclamation) for efforts;
County Board of Supervisor Norby and he serve on committee to find replacement.
Mayor Davert:
• Concur that Art Leahy should be publicly congratulated; schedule to receive
proclamation;
• Vector Control report, West Nile virus active in County; Board is inefficient and
overstaffed; Supervisor Moorlach proposed legislation to merge with Agricultural
Commission; Mayor and Trustee Bone suggest merge with County Health Department;
• Every agency reviewing expenses, reform a good thing;
• Serving as Principal for the day, Thursday, at Nelson elementary;
• March 11 t" participated in Arbor Day program;
• Boys and Girls Club dedicating refurbished gymnasium on March 28;
• Missed the Miss Tustin event, court to be presented at April 7 Council Meeting; and
• Congratulated new Community Services Commissioners, to be sworn in tomorrow.
ADJOURNED - 9:36 P.M. -The next meeting of the City Council is scheduled for
Tuesday, April 7, 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
Minutes
March 17, 2009
Page 10 of 10
Agenda Item
Reviewed:
MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director
TUSTIN, CALIFORNIA
APRIL 21, 2009
CALLED TO ORDER MEETING #2209 AT 5:30 P.M.
ATTENDANCE
NIA
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: Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
Emp lo yee Org anization: Tustin Municipal Employees Association (TMEA)
Emp lo yee Org anization: Tustin Police Officers Association (TPOA)
Emp lo yee Org anization: Tustin Police Support Service Association (TPSSA)
Emp lo yee Org anization: Tustin Police Management Association (TPMA)
Emp lo yee Or ganization: Management
Emp lo yee Or ganization: Supervisory
Emp lo yee Or ganization: Executive Management
City Council Meeting April 21, 2009
Minutes 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)
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
City Council Meeting April 21, 2009
Minutes Page 2 of 10
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 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
Motion carried 5-0.
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.
Staff report presented by Police Captain Charlie Celano
Public Hearing opened at 7:11 p.m. There were no speakers and the hearing
closed at 7:11 p.m.
City Council Meeting April 21, 2009
Minutes Page 3 of 10
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 to be
held on April 30tH
CONSENT CALENDAR ITEMS -Mayor Pro Tem Amante pulled item #3 for revision as
noted 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 MEETING APRIL 7, 2009
Mayor Pro Tem Amante noted for the record that page 15 of the April 7, 2009
Minutes were changed to state: "Sales and property tax revenues are significantly
low."
Motion: Approve the Minutes of the Regular City Council Meeting held on 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.
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.
City Council Meeting April 21, 2009
Minutes Page 4 of 10
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
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.
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, respectively). Councilmember Gavello asked about cost associated with
contract and what other cities using similar services. Community Development
Director Binsack indicated that range was between $190 and $250 per hour,
trying to negotiate at $190/hr. rate; about 3/4 of the cities in Orange County are
using similar services. Program is a deterrent to costly litigation, decriminalizes
zoning violations, and takes administrative approach to mitigating issues. Three
individuals will be used as Hearing Officers that will be used on a rotating basis;
collection and processing of administrative citations will be using one of two
companies.
Motion: It was moved by Councilmember Gavello, seconded by Councilmember
Palmer to authorize and direct the Community Development Director to enter into
contract for professional services to provide:
City Council Meeting April 21, 2009
Minutes Page 5 of 10
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 9.33 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:
9.a. 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.
City Council Meeting April 21, 2009
Minutes Page 6 of 10
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 SB406. Motion carried 5-0.
9.b. 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 to Agenda Report 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 AB32 is implemented as adopted.
Mayor Pro Tem Amante requested revisions to the proposed letters.
Changes to letters as follow: in both letters change second paragraph, first
page, add "alleged" before projected long term benefit; SB295 page two,
first paragraph is there in error, eliminate paragraph.
Mayor Pro Tem Amante gave background of the Bills and requested
support; Council Member Nielsen added that OCCOG also supports
S6295.
Motion: It was moved by Mayor Pro Tem Amante, seconded by
Councilmember Nielsen to 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. Motion carried 5-1 (Gavello dissented).
City Council Meeting April 21, 2009
Minutes Page 7 of 10
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 Special Meeting of the Newport Bay Executive Committee "NBEC" and
One Water One Watershed "OWOW" Steering Committee. OWOW tasked with
developing governance document to establish the development of the Integrated
Regional Water Management Plan for prioritization of projects to help compete for $200
million dollars in grant funds for the Santa Ana Watershed under Prop 84, administered
by the California Department of Water Resources; OWOW supportive of proposed
revisions by the NBEC ;committees trying to merge into one group to review water
needs of area; committees met separately prior to joint meeting, meeting well received by
both parties; and
• Thanked staff for support and assistance especially in preparing for meetings.
City Council Meeting April 21, 2009
Minutes Page 8 of 10
Councilmember Palmer:
Attended Pasadena Avenue Well Grand Opening;
Attended O.C. Library Board meeting, elected Chair; budget is $45 million; proposed
budget would be flat; 30% decrease in the books and on-line services, but increase in
overhead costs.
Councilmember Nielsen:
• Attended Chamber of Commerce Membership breakfast with Congressman John
Campbell;
• Worked at Pancake breakfast and Easter Egg Hunt which benefited the Tustin
Community Foundation; doubled sales from last year; complimented staff for efforts;
• Attended Boys Scout "Go Green Camporee", teamed of green programs including
recycling;
• Represented Council at opening season ceremony for the California Youth Soccer
League, 300 players this year;
• Attended Tustin High Dance Team's "Friends and Family Night" fundraiser; eleven-time
national championship team;
• Invited all to attend the Annual Volunteer Recognition Luncheon on April 30th.
Mayor Pro Tem Amante:
• Congratulated Public Works for Pasadena Well grand opening;
• Easter Egg Hunt and Pancake Breakfast huge success;
• OCTA budget review impacting City budgets; lack of support by legislature; will be
making presentation on recently launched interactive website at next regularly scheduled
City Council meeting.
Mayor Davert:
• Attended the Senior Center 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 noon;
• Easter Egg Hunt brought thousands of children; thanked all involved in success;
• Attended Panel for the Urban Land Institute on the economy and encourage business
development in cities;
• General comment that all committees working on budget issues; revenues down and
expenditures to be reduced significantly;
• Attended Airport Land Use Commission meeting where the City of Irvine presented
Proposed Irvine Business Complex "IBC" Residential Mixed Use Vision Plan and
Overlay Zoning Code for consistency with the Airport Environs Land Use Plan
(AELUP); planner indicated that projects approved on aproject-by-project basis, but
failed to indicate that it was a result of a court verdict due to the lawsuit filed by the
cities of Tustin and Newport Beach; item continued to the April 30th meeting;
• Orange County Sanitation District meeting dedicated new lift station at water treatment
plant in memory of former Chair, Steve Anderson of La Habra;
• Orange County Fire Authority budget discussion; Freeway Complex Fire Report
received.
City Council Meeting April 21, 2009
Minutes Page 9 of 10
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.
v~~' `~"`~~ ~y~~ ~~~°c`~~ ~y April 21, 2009
Minutes Page 10 of 10