HomeMy WebLinkAbout02 CC MINUTES 2009 07 21 08-04-09Agenda Item 2
Reviewed:
MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director NIA
TUSTIN, CALIFORNIA
JULY 21, 2009
CALLED TO ORDER MEETING #2216 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 City Clerk
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 (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
D. PROPERTY NEGOTIATIONS TERMS AND CONDITIONS OF PURCHASE
[Government Code Section 54956.8] -One Case
Property: 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 Neaotiators: William A. Huston, City Manager and Christine
Shingleton, Assistant City Manager
Neaotiators for TLCP: Colm Macken and Bob Yoder, representatives for
Tustin Legacy Community Partners (TLCP)
City Council Meeting July 21, 2009
Minutes Page 1 of 8
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 #2216 AT 7:00 P.M.
INVOCATION -Benjamin Hoang, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Mayor Pro Tem Amante
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
• Status of Senate Bill 375 -Community Development Director Elizabeth Binsack
PUBLIC HEARING 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
most needed. The Police Department proposes to use the 2009 JAG funds to
City Council Meeting July 21, 2009
Minutes Page 2 of 8
provide supplemental funding to the Proactive Methamphetamine Task Force
(PROACT) and to purchase digital camera equipment.
Presentation by Police Chief Scott Jordan
Public Hearing opened at 7:36 p.m. There were no public speakers and the
hearing closed at 7:40 p.m.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to:
1.a. Authorize usage of the funds as recommended by the Police Department;
and
1.b. 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.
Motion carried 5-0.
ORAL COMMUNICATION /PUBLIC INPUT
• Stephen Ignatius, thanked staff for removing palm tree behind his home so quickly; new
driveway edge pavers were stained by City contractors who were trimming trees, filed a
claim which was denied and requested City pay or clean pavers; also raised
constitutional issues with watering and maintaining city owned tree (involuntary
servitude).
• Dan Jacobson, expressed concern with council members' respect during the last
Council meeting; requested council respect all members and be civil at the dais.
• Linda Long, President of O.C. NOW, requested council members maintain decorum
and show respect to all members alike.
• Jodi Bugrett, commended council and city for the wonderful arts and cultural activities;
questioned why 3 new street signals installed on Tustin Ranch Road between Irvine
and Portola with budgetary problems; suggested landscapers on Jamboree Road start
later in the morning because of exercisers; and asked if PA system at Pioneer Middle
School could be lowered or not used.
CONSENT CALENDAR ITEMS -Pulled items 2 and 5 for separate action. It was moved
by Mayor Pro Tem Amante, seconded by Councilmember Palmer to approve the balance
of the Consent Calendar items as recommended by staff. Motion carried 5-0.
2 APPROVAL. OF MINUTES -REGULAR MEETING OF JULY T, 2001
Substitute Motion: It was moved by Councilmember Gavello to go back and
reflect the details of the meeting as all the other ones have (in the past and
because we have not approved action minutes at this time). Motion died for
lack of second.
City Council Meeting July 21, 2009
Minutes Page 3 of 8
Original Motion: It was moved by Mayor Pro Tem Amante, seconded by Mayor
Davert to approve the Minutes of the Regular City Council Meeting held on July
7, 2009 as prepared. Motion carried 4-1 (Gavello dissented).
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: Receive and file.
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.
Motion: It was moved by Councilmember Nielsen, seconded by Mayor Davert
to authorize the City Clerk's Office to prepare Action Minutes for all City Council
and Redevelopment Agency meetings. Motion carried 4-1 (Gavello dissented).
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.
Motion: 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
City Council Meeting July 21, 2009
Minutes Page 4 of 8
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.
Motion: 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.
Motion: 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 oil pan. The claimant alleges damages to his vehicle of $701.41.
Motion: 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.
Motion: Deny the Application for Leave to Present Late Claim Number 09-19,
Allied Refrigeration, and direct Staff to send notice thereof to the Claimant.
City Council Meeting July 21, 2009
Minutes Page 5 of 8
REGULAR BUSINESS ITEMS
12. LEGISLATIVE REPORTS (AGENDA ITEM TAKEN OUT OF ORDER)
Council may request that staff prepare reports, and/or letters of
support/opposition on legislative matters that are time-sensitive and not
agendized.
Presentation on State of the State Budget presented by City Manager Huston.
Council discussion ensued on State budget takeaways and negligence.
COUNCIL RECESSED AT 8:36 P.M. AND RECONVENED WITH ALL MEMBERS
PRESENT AT 8:38 P.M.
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.
Council discussion ensued.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to table consideration of item. Motion carried 5-0.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer, direct staff to come back with a resolution embodying a new policy,
which says that all programmatic subsidy and percentages that we have been
making to non-profits be eliminated, beginning with this fiscal year. Motion
carried 4-0-1 (Gavello abstained).
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Gavello:
• Attended educational tour of Prado Dam; currently run by the Army Corps of Engineers;
over a billion dollars has been spent; Green River Golf Course bought by the Flood
Control District; is representative on Santa Ana River Flood Protection Agency -
regarding Santa Ana River mainstream project has received $175m funds with another
City Council Meeting July 21, 2009
Minutes Page 6 of 8
$52m approved by the State to purchase land behind the Dam;
• Attended Jim's Music ribbon cutting; relocated from Irvine and moved into Tustin;
praised City staff, specifically Jerry Craig from the Redevelopment Department for
efforts in relocating;
• Attended the OC Fair, suggested City have booth for PR purposes;
• WACO report -shortage of water and flood protection; received two presentations one
was by Mr. Gary Brown, Exec. Director of O.C. Coast Keepers, connected to Newport
Bay Executive Committee -presides as a member of the One Water -- One Watershed
Steering Committee. The second presenter was Mr. Joel Krupenburg, who spoke on
Endangered Species Act and affects with stall of the Delta Project; Tustin's YDT
demand of 11,868, usage is down by 4% from last year -equates to 505 acre feet less
water used or roughly 164,579,500 gallons saved;
• Toured the Tustin Marine Base including one of the hangars and reported that one
hangar will remain;
• Commented on Community Services Commission report, specially a comment by
Commissioner Don Ropele who said that the number of participants in youth and adult
sports has outgrown our current available field space, which is an issue that needs to
be addressed going forward; believes City is under parked; and
• Wish belated birthday to Councilmember Palmer.
Councilmember Nielsen:
• Encouraged all to attend TACFA's Broadway in the Park presentation of "Anything
Goes" on August 18-22; nice event that brings community together;
• Last night was anniversary of the Apollo 11 moon landing, an incredible feat; looking
forward to more space exploration in the future;
• Congratulated son for receiving designation of Eagle Scout;
• Thanked City staff for hard work and encouraged civility among council.
Councilmember Palmer:
• Attended Ribbon cutting for Jim's Music; they were very thankful for their positive
experience in bringing their store to Tustin;
• Reappointed by Supervisor Bill Campbell to County Housing Authority for two more
years;
• Thankful that Council's actions are conservative. At his day job at the Foundation they
are serving more than 6000 meals a day to the needy, up from 300 in January.
Mayor Pro Tem Amante:
• Congratulated Mayor Davert who is serving 2"d term as Chair on the OC Sanitation
District;
• Attended OCTA meeting on July 13th discussed service reductions to transportation and
transit; there will be no further reductions beyond the reductions already planned for
September; further cuts would be carried over to March;
• Attended unveiling of monument sign on the South I-5 as you approach O.C. and hit
Buena Park, which was authorized and purchased in earlier budget; last stretch of the I-
5 to be completed all the way to the L.A. County line to be open at full capacity next
year;
• Monday, July 27th, will chair the Central County Corridor Major Improvement Study; will
have its Policy/Action Committee meeting; issues regarding the budget cutbacks and
City Council Meeting July 21, 2009
Minutes Page 7 of 8
impacts on transportation funding;
Congratulated Public Works Director, Tim Serlet on his retirement; and thanked for
great job in keeping public works and public infrastructure first and foremost;
Thanked Chief Deputy City Clerk, Maria Huizar for service to City; leaving to becoming
City Clerk in City of Santa Ana;
Concurred with Councilmember Nielsen's comments about civility at council meetings
and to city staff;
Mayor Davert:
• Echoed sentiments regarding Public Works Director Serlet; has done an outstanding
job;
• Well wishes to Chief Deputy City Clerk Maria, who is going to the City of Santa Ana;
• League of Cities OC Division -Board elected Mayor Pro Tem, Jerry Amante as new
President, Tustin continuing leadership theme for region; congratulated Amante on his
election by his countywide colleagues;
• OCFA report -appeared before City Council's in Avondale and Goodyear, Arizona
where they are also looking at forming similar agency. Also, on August 5th will welcome
a new Fire Chief Keith Richter from Contra Costa County; welcome four new graduates
of the academy class 36 who have been assigned to Tustin -Firefighters Brett
Buffington, Matthew Geraula, Kenneth Miller and Sean Stacy;
• OC Sanitation District -will have $8m to $65m hit to $300m annual budget;
• Attended National Association of Clean Water Agency's conference on behalf of OC
Sanitation District; awarded Excellence in Engineering Excellence award and Excellent
project award for the ground water replenishment system;
• Reported that City Council will only have one meeting in August, the next meeting is
August Ott' meeting, 2"d meeting cancelled and reconvene on September 1;
• August 10th will be Tustin Area Senior Center 20th anniversary celebration; invited all to
attend and congratulated them on 20 years of excellent service to the community;
• Tustin Chamber of Commerce to host reception welcoming new members on August
27th;
• Enderle Center will host car show on August 23~d at 9 a.m.; and
• Saturday, August 15th Marconi Museum will celebrate 15th Anniversary.
ADJOURNED - 9:18 P.M. -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.
DOUG DAVERT, PAMELA STOKER,
Mayor City Clerk
City Council Meeting July 21, 2009
Minutes Page 8 of 8