HomeMy WebLinkAbout00 CC AGENDA 09-01-09CITY OF TUSTIN
REGULAR MEETING OF THE
CITY COUNCIL
Jerry Amante, Mayor Pro Tem
Deborah Gavello, Councilmember
John Nielsen, Councilmember
Jim Palmer, Councilmember
SEPTEMBER 1, 2009
s COUNCIL CHAMBER
"'"" , 300 CENTENNIAL WAY, TUSTIN
~C;~~' William A. Huston, City Manager
Douglas Holland, City Attorney
Doug Davert, Mayor Pamela Stoker, City Clerk
George Jeffries, City Treasurer
AMENDED AGENDA
CLOSED SESSION MEETING
5:30 P.M.
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CALL TO ORDER -Meeting #2219
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. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
[Subdivision (a) of Section 54956.9]
Name of case: The People of the State of California, and The City of
Tustin v. Ray Trujillo, OC Superior Court Case No. 39-
2008-00106625
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.
C. 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 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.
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CALL TO ORDER -Meeting #2219
INVOCATION -Father John Block, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Councilmember Gavello
ROLL CALL -City Clerk Stoker
CLOSED SESSION REPORT -City Attorney Holland
PRESENTATIONS
• Introduction and welcome of Orange County Fire Authority Chief Richter.
• A Certificate of Recognition presented by Mayor Davert to Tod Heller and Laurie
Sherwood, the property owners of Slusser House located at 705 West Main Street for
Outstanding Old Town Property.
City Council Meeting September 1, 2009
Agenda Page 2 of 10
PUBLIC HEARING ITEM
A public hearing provides individuals the opportunity to be
heard regarding an intended action of the City
Council/Community Redevelopment Agency typically related
to land use or fees. (City Council Agenda Item 1)
1. PUBLIC HEARING: SUPPLEMENTAL LAW ENFORCEMENT SERVICES
FUND (SLESF)
In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS)
grant program. Proceeds from the program can only be used for front line law
enforcement services that may include the purchase of new equipment, hiring of
additional personnel and increasing the opportunity for training of safety
personnel. This year, we have been notified that the Police Department is to
receive no less than $118,000 and no more than $121,000 in SLESF funding.
The allocation for SLESF/COPS grant funds for all law enforcement agencies is
being coordinated through the Orange County Sheriffs Department. All
agencies have been directed to move forward with expenditure authorization
while waiting for the final grant amounts to be determined. We are proposing
that this year's allocation be used to staff our Crime Analyst position for a fourth
consecutive year. We propose any funds remaining after funding this position
be applied to recover shortages from last year's distribution. This bill requires
both a public hearing and a special fund established for these monies. Note this
program must now be viewed with some skepticism.
Recommendations:
1.a. Open and close a Public Hearing; and
1.b. Authorize usage of the funds as recommended by the Police Department;
1.c. Authorize the Chief of Police to sign all documents related to SLESF
program.
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.
City Council Meeting September 1, 2009
Agenda Page 3 of 10
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 15)
2. APPROVAL OF MINUTES -REGULAR MEETING OF AUGUST 4, 2009 AND
SPECIAL MEETING OF AUGUST 25, 2009
Recommendation: Approve the Action Minutes of the Regular City Council
Meeting held on August 4, 2009 and the Special City Council meeting held on
August 25, 2009.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Demands in the amount of $2,196,005.35; Reversals in the
amount of $8,634.62; Demands in the amounts of $20,280.66; $576,120.21;
$954,789.51; $129,188.01; $1,852,827.37 and Payroll in the amount of
$731,607.08 and $815,619.60.
4. PLANNING ACTION AGENDA -AUGUST 11, 2009 & AUGUST 25, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Recommendation: Receive and file.
5. CONSIDERATION OF CLAIM OF STEPHEN IGNATIUS, CLAIM NO. 09-20
The Claimant alleges that seeds from a carrotwood tree stained his newly
installed driveway pavers.
Recommendation: Deny Claim Number 09-20, Stephen Ignatius, and direct
staff to send notice thereof to the Claimant.
6. DESTRUCTION OF RECORDS -FINANCE DEPARTMENT
Resolution No. 01-91, the Record Retention/Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
City Council Meeting September 1, 2009
Agenda Page 4 of 10
Recommendation: Adopt resolution.
RESOLUTION NO. 09-49 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE
POSSESSION OF THE FINANCE DEPARTMENT OF THE CITY OF
TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY
BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE
CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE
7. SECURE ACCESS TO CITY HALL BASEMENT PROJECT
Access to the City Hall basement and the telephone/Internet wiring rooms
located within the basement is unsecured. Installing the Hirsch scramble pads
will secure all entries to the City Hall basement and to the telephone/Internet
wiring rooms.
Recommendation: It is recommended that the City Council approve:
1. Option #2, 2-A, and 2-B of the project proposal submitted by Enterprise
Security, Inc. to install the Hirsch scramble pad access system to secure the
access to the City Hall basement and telephone/Internet wiring rooms.
2. Approve the increase of the appropriation of funds in the Capital Projects
fund professional and consulting services account for $27,000.
8. ONLINE UTILITY EXCHANGE SUBSCRIBER SERVICE AGREEMENT TO
MEET THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT
REQUIREMENTS
The City adopted an Identity Theft Prevention Program May 2009 required by
the Federal Trade Commission to meet the requirements of the Fair and
Accurate Credit Transactions Act (FACT) of 2003. The Online Utility Exchange
subscriber service agreement provides consumer credit information to aid in the
implementation of the City's Identity Theft Prevention Program.
Recommendation: It is recommended that the City Council approve the Online
Utility Exchange subscriber service agreement.
9. AUTHORIZATION TO PURCHASE STORAGE AREA NETWORK EQUIPMENT
Authorize the purchase of two (2) HP LeftHand P4000 storage area network
appliances (SANs) for deployment in the City Hall and Police Department data
centers.
City Council Meeting September 1, 2009
Agenda Page 5 of 10
Recommendation: It is recommended City Council approve purchase of two (2)
HP LeftHand P4000 SANs from Synegi.
10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL
INSTALLATION/INTERCONNECT SYSTEM AT PORTOLA PARKWAY/
ALLEN/CITRUS RANCH PARK (CIP NO. 4026); THE TRAFFIC SIGNAL
MODIFICATION/UPGRADE AT IRVINE BOULEVARD AND PROSPECT
AVENUE (CIP NO. 4052); AND THE TRAFFIC SIGNAL INSTALLATION/
INTERCONNECT SYSTEM AT TUSTIN RANCH ROAD AND GREENWAY
DRIVE/ADAMS DRIVE (CIP NO. 4075)
Construction of the Traffic Signal Installation/Interconnect System at Portola
Parkway/Allen/Citrus Ranch Park (CIP No. 4026); Traffic Signal
modification/Upgrade at Irvine Boulevard and Prospect Avenue (CIP No. 4052);
and Traffic Signal Installation/Interconnect System at Tustin Ranch Road and
Greenway Drive/Adams Drive (CIP No. 4075) have been completed to the
satisfaction of the City Engineer and are now ready for City Council acceptance.
Recommendations: It is recommended that City Council take the following
actions:
1. Adopt Resolution No. 09-48 accepting the Traffic Signal
Installation/Interconnect System at Portola Parkway/Allen/Citrus Ranch
Park (CIP No. 4026); Traffic Signal Modification/Upgrade at Irvine
Boulevard and Prospect Avenue (CIP No. 4052); and Traffic Signal
Installation/Interconnect System at Tustin Ranch Road and Greenway
Drive/Adams Drive (CIP No. 4075); and
RESOLUTION NO. 09-48 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS
OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF
THE NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL
INSTALLATION /INTERCONNECT SYSTEM AT PORTOLA PARKWAY
/ ALLEN /CITRUS RANCH PARK (CIP NO. 4026); THE TRAFFIC
SIGNAL MODIFICATION /UPGRADE AT IRVINE BOULEVARD AND
PROSPECT AVENUE (CIP NO. 4052); AND THE TRAFFIC SIGNAL
INSTALLATION / INTERCONNECT SYSTEM AT TUSTIN RANCH
ROAD AND GREENWAY DRIVE/ADAMS DRIVE (CIP NO. 4075)
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
11. ADDENDUM TO SPRINGBROOK AGREEMENT FOR PURCHASE OF
City Council Meeting September 1, 2009
Agenda Page 6 of 10
ADDITIONAL SOFTWARE MODULES
Replace the existing financial software with Springbrook's financial software and
purchase Springbrook's Work Order software module.
Recommendations: It is recommended that the City Council:
Approve the addendum to the Springbrook software license agreement for
acquisition of additional software modules and approve the addendum to
the Springbrook software maintenance agreement.
2. Authorize a supplemental appropriation of $71,100 from unappropriated
reserves of the General Fund to the Information Technology Division's
computer software account.
12. 2009 RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG)
Congress established the Byrne Justice Assistance Grant (JAG) program in the
2005 Omnibus Appropriations Package. On April 21, 2009, the Police
Department proposed and received City Council approval 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 (WEAN) for
data transfer from police units to storage areas. The final JAG program
requirement consists of City Council approval to transfer the funds to the City of
Tustin.
Recommendation: Approve attached "Agreement to Transfer Funds for 2009
Recovery Act JAG Program" to authorize reimbursement from the County of
Orange to the City of Tustin.
13. DECLARATION OF SURPLUS PROPERTY
The City has accumulated a quantity of obsolete and/or damaged computer and
other equipment. The listed equipment is no longer usable or required for public
use.
Recommendation: It is recommended that the City Council
1. Declare the listed equipment surplus and not required for public use.
2. Authorize staff to sell/have auctioned serviceable equipment of value and
dispose of assets beyond repair.
14. APPROVAL OF COOPERATIVE AGREEMENT NO. C-9-0426 BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF
TUSTIN FOR STUDIES OF SHUTTLE SERVICE TO THE TUSTIN
City Council Meeting September 1, 2009
Agenda Page 7 of 10
METROLINK TRAIN STATION UNDER THE GO LOCAL STEP TWO
PROGRAM
In order to supplement the upcoming Metrolink service expansion, the Orange
County Transportation Authority (OCTA) developed a program known as Go
Local to plan and implement City-initiated transit extensions to OCTA's
Metrolink Commuter Rail Line. Under Go Local Step One, the City developed
five project concepts to enhance transit service to the Tustin Metrolink Train
Station. Two of the five concepts have been approved by OCTA for further
analysis. Cooperative Agreement No. C-9-0426 provides terms under which the
City and OCTA will jointly develop more detailed studies under Go Local Step
Two for adding shuttle service from the Tustin Metrolink Station to the Tustin
Civic Center/Downtown and to the Tustin Legacy.
Recommendation: It is recommended that the City Council approve Cooperative
Agreement No. C-9-0426 with the Orange County Transportation Authority for
the Go Local Step Two Program, and authorize the Mayor and City Clerk to
execute the document on behalf of the City.
15. COX COMMUNICATIONS ENCROACHMENT LICENSE AGREEMENT
CoxCom, Inc., dba Cox Communications of Orange County wishes to construct,
place, operate, inspect, maintain, repair and remove aboveground cable
television and other communication facilities within the City's public right-of-way
in or upon properties located within the Irvine Industrial Complex that are zoned
Planned Community Industrial (PC-Ind). CoxCom, Inc. is seeking authorization
for anon-exclusive license to allow such for a period of five (5) years with an
option to automatically renew for two (2) additional and successive five (5) year
terms. The facilities will remain the personal property of the CoxCom, Inc., and
the City will have no obligation to monitor the use or to maintain the facilities.
The agreement includes the provision that CoxCom, Inc. will be required to
keep and maintain the facilities in good repair at their sole expense.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring
discussion. (Agenda Items 16 through 18)
16. PROPOSED RESPONSE TO ORANGE COUNTY GRAND JURY REPORT
Attached for the City Council's consideration is a proposed response to a recent
report by the Orange County Grand Jury titled "Paper Water -Does Orange
County Have a Reliable Future?"
Recommendation: It is recommended that the City Council approve the
City Council Meeting September 1, 2009
Agenda Page 8 of 10
proposed letter of response, and authorize the Mayor to execute the letter to the
Orange County Grand Jury.
17. ADOPTION OF RETAIL WATER RATES
At the August 4, 2009 meeting City Council directed staff to provide additional
water rate options. To meet the current and future needs of the Water
Enterprise System staff has developed one additional water rate increase
option. Option 1 remains the same water rate increase as presented at the
August 4, 2009 meeting. Option 2 flattens the water rate increases more
uniformly over the proposed five year period.
Recommendations: It is recommended that City Council take the following
action:
1. Adopt Option 1 water rate increase resolution as presented on August 4,
2009.
RESOLUTION NO. 09-41 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER
SERVICE RATES (OPTION 1)
ALTERNATIVE RECOMMENDATION: The City Council may consider and take
the following action:
2. Adopt Option 2 water rate increase resolution.
RESOLUTION NO. 09-41 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER
SERVICE RATES (OPTION 2)
If either recommendation is approved, rates will be effective September 2, 2009.
18. 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.
19. REQUEST TO REVIEW CONDUCT OF MEMBER OF THE CITY COUNCIL
Recommendation: Pleasure of the City Council.
City Council Meeting September 1, 2009
Agenda Page 9 of 10
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council
ADJOURNMENT --The next meeting of the City Council is scheduled for Tuesday,
September 15, 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 September 1, 2009
Agenda Page 10 of 10