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HomeMy WebLinkAboutCC MINUTES 2009 04 21MINUTES 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: 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 Org anization: Management Emp lo yee Org anization: Supervisory Emp loy ee Org anization: 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 4F 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 `~': AUTH©RIZATION TO CONTRACT FOR SERVICES FOR (A) COLLECTION AND PROCESSING OF ADMINISTRATIVE CfTATIONS; AND (B) HEARING. 4FFfCER 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/ 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 SB295. 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", learned of green programs including recycling; • Represented Council at opening season ceremony for the California Youth Soccer League, 300 player 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 - DOUG DAV Mayor MELA STO R City Clerk 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. u~~ ~ ~-~ City Council Meeting April 21, 2009 Minutes Page 10 of 10