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Home My WebLink About00 C.C. AGENDA 07-21-09CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember JULY 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 #2216 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 [Govt. Code § 54856.9(b)] -Two Cases B. INITIATION OF LITIGATION [Govt. Code § 54856.9(c)] -Two Cases C. EXISTING LITIGATION [Government Code Section 54856.9(a)] -One Case Marble Mountain Partners, LLC v. City of Tustin et al., Case No. 30-2008- 00116681 NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. D. PROPERTY NEGOTIATIONS TERMS AND CONDITIONS OF PURCHASE [Government Code Section 54956.8] -One Case PropertL: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Negotiators: William A. Huston, City Manager and Christine Shingleton, Assistant City Manager Negotiators for TLCP: Colm Macken and Bob Yoder, representatives for Tustin Legacy Community Partners (TLCP) REGULAR CITY COUNCIL MEETING 7:00 P.M. ~¢ ~~ CALL TO ORDER -Meeting #2216 INVOCATION - Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATION -Status of Senate Bill 375 PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (City Council Agenda Item 1) 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 City Council Meeting July 21, 2009 Agenda Page 2 of 6 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 purchase digital camera equipment. Recommendations: 1.a. Conduct a public hearing; and 1.b. Authorize usage of the funds as recommended by the Police Department. 1.c. Authorize reimbursement from the County of Orange to the City of Tustin for the purchase of digital camera equipment, 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 2 through 10) 2. APPROVAL OF MINUTES -REGULAR MEETING OF JULY 7, 2009 Recommendation: Approve the Minutes of the Regular City Council Meeting held on July 7, 2009. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Demands in the amounts of $5,998,664.43; $16,396.68; and $875,216.01; $1,138,626.20; and Payroll in the amount of $729,425.63. 4. PLANNING ACTION AGENDA -JULY 14, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. City Council Meeting July 21, 2009 Agenda Page 3 of 6 5. AUTHORIZE CITY CLERK TO PREPARE ACTION MINUTES FOR ALL CITY COUNCIL AND REDEVELOPMENT AGENCY MEETINGS The City Clerk's Office requests authorization to prepare Action Minutes of all City Council and Redevelopment Agency meetings. Digital copies of the meetings may be duplicated for court proceedings or made available to the residents for a nominal fee to provide official discussion of items. Recommendation: Authorize the City Clerk's Office to prepare Action Minutes for all City Council and Redevelopment Agency meetings. 6. APPROVAL OF COOPERATIVE AGREEMENT D08-104 FOR THE NEWPORT BAY WATERSHED AND THE CENTRAL WATERSHED MANAGEMENT AREA, THIRD AMENDMENT AND FULL RESTATEMENT OF COOPERATIVE AGREEMENT At the February 18, 2009 Newport Bay Watershed Executive Committee meeting, the Committee approved changes to "Cooperative Agreement D08- 104 for the Newport Bay Watershed and the Central Watershed Management Area, Third Amendment and Full Restatement of Cooperative Agreement", that refines the committee structure and restates its associated responsibilities. The agreement forms the partnership for member agencies to work together on issues in the watershed. Recommendation: Approve "Cooperative Agreement D08-104 for the Newport Bay Watershed and the Central Watershed Management Area, Third Amendment and Full Restatement of Cooperative Agreement", and authorize execution of the agreement by the Mayor and City Clerk on behalf of the City. 7. CONSIDERATION OF CLAIM OF VALENCIA GARDENS APARTMENTS, CLAIM NO. 09-02 The Claimant alleges that a City of Tustin crew, driving a water valve truck, damaged rain gutters and stucco while working on their property. Recommendation: Deny Claim Number 09-02, Valencia Gardens Apartments, and direct Staff to send notice thereof to the Claimant. 8. CONSIDERATION OF CLAIM OF CICY SHEN/AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, CLAIM NO. 09-09 The Claimant alleges that a City of Tustin police vehicle scraped the side of her car while passing on a narrow street. City Council Meeting July 21, 2009 Agenda Page 4 of 6 Recommendation: That the City Council deny Claim Number 09-09, CiCy Shen, Automobile Club of Southern California, and direct Staff to send notice thereof to the Claimant. 9. CONSIDERATION OF CLAIM OF AARON KANAHELE, CLAIM NO. 09-17 The Claimant alleges that a dip in the road at Irvine Blvd. and Brittany Woods Drive created an unsafe condition that caused his car to "bottom out", breaking the oit pan. The claimant alleges damages to his vehicle of $701.41. Recommendation: Deny Claim Number 09-17, Aaron Kanahele, and direct Staff to send notice thereof to the Claimant. 10. CONSIDERATION OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM OF ALLIED REFRIGERATION INC., CLAIM NO. 09-19 The Claimant alleges that an underground conduit in front of their facility at Edinger and the 55 freeway was cut during a City improvement project. The claimant alleges that the cut conduit caused their fire sprinkler and monitoring system to go down. They also allege damage to sewer services from excavations during the project. The alleged damages occurred on September 25, 2006 and totaled $3,838.28. A claim was not filed against the City until June 29, 2009. The claimant has also filed an application for leave to present a late claim, which indicates the work performed on site was done over the course of two years and was recently completed. They indicate a claim was not previously filed pending receipt of final invoices and potential undiscovered damages. Recommendation: Deny the Application for Leave to Present Late Claim Number 09-19, Allied Refrigeration, and direct Staff to send notice thereof to the Claimant. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 and 12) 11. TUSTIN AREA COUNCIL FOR FINE ARTS (TACFA) BROADWAY IN THE PARK EVENT) Councilmember Gavello requested that the City Council review fees charged by the City for the above event scheduled for August 13-23, 2009. A memorandum from Dave Wilson, Director of Parks and Recreation Services, is attached to the Agenda Report, which discusses the fees and the rental permit issued for Broadway in the Park. City Council Meeting July 21, 2009 Agenda Page 5 of 6 Recommendation: Pleasure of the Council. 12. LEGISLATIVE REPORTS Council may request that staff prepare reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. Recommendation: Pleasure of the City Council. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday, August 4, 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 July 21, 2009 Agenda Page 6 of 6