HomeMy WebLinkAboutCC MINUTES 2009 08 04MINUTES OF THE REGULAR MEETING
OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
AUGUST 4, 2009
CALLED TO ORDER MEETING #2217 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
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.
City Council Meeting August 4, 2009
Minutes Page 1 of 11
REGULAR CITY COUNCIL MEETING
CALL TO ORDER -MEETING #2217
INVOCATION -Rev. Thomas Nguyen, St. Cecilia's Church
PLEDGE OF ALLEGIANCE -Mayor 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 - City Attorney Holland -Authorized execution of
confidentiality agreement on the matter of pending litigation. No other action taken.
PUBLIC HEARING ITEM
PUBLIC HEARING: ADOPTION OF RETAIL WATER RATES
The purpose of the public hearing, under the California Constitution
("Proposition 218") is to permit the property owners to comment upon or present
objections to the proposed water rate increases. The proposed rate increases
expand the current rate structure from four to seven tiers, (as defined in
Attachment 1 to Agenda Report); establishes a capital project fee solely
dedicated for non-debt financed capital improvement projects; provides for a
new pass-through adjustment to account for unanticipated third party charges
related to the purchase of electricity and/or imported water; and establishes
Water Demand Reduction Stages (WDRS) that would enable the City to comply
with wholesale water use restrictions in response to regional water shortage
conditions as necessary. The WDRS was included within the official Proposition
218 notice of Public Hearing to ensure proper noticing and compliance. Only
upon specific City Council authorization can a WDRS be declared and put into
action.
The proposed rate increases would be effective August 5, 2009 for fiscal year
2009-2010 and July 1St in subsequent fiscal years. The typical residential
customer would experience an increase of 10.8% in FY 2009-10, 10.5% in FY
2010-2011, and 7% in FY 2011-2012 through FY 2013-2014. Additionally, the
pass-through adjustment is restricted to-not-exceed 7% of the annual water
charges.
City Council Meeting August 4, 2009
Minutes Page 2 of 11
Presentation by Doug Stack and Pamela Arends-King
City Clerk reported 98 written protests were received prior to the meeting.
Public Hearing opened at 7:54p.m.
Matt Nisson, Ralph Klimek, Bernie Miller, Jay Matchett, and David Ash spoke
against water rate increases or asked questions. Jeanne Egass spoke in favor
of the increase and asked about incentives for those who have already begun to
conserve. Hearing closed at 8:17 p.m.
Motion: It was moved by John Nielsen, seconded by Doug Davert to:
1. Adopt resolution 09-41.
RESOLUTION NO. 09-41 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER
SERVICE RATES
Motion failed 2-3 (Deborah Gavello, Jim Palmer and Jerry Amante dissented)
Motion to continue to Sepember 1, 2009; by Councilmember Jim Palmer,
seconded by Councilmember John Nielsen. Motion carried 5-0
Recess 8:30pm; Reconvene 8:32pm with all members present
ORAL COMMUNICATION /PUBLIC INPUT -
1. Linda Long -from OC N.O.W., spoke in favor of Deborah Gavello and public
decorum among the Council members;
2. Bernie Miller- commented on behavior of Councilmember Gavello; spoke regarding
solar energy; mentioned Tustin Today magazine and use of newsprint as a cost
saving measure.
Recess 8:38pm; Reconvene at 8:39pm with all members present
3. Jay Matchett -encouraged Councilmembers to keep asking questions so staff
reports aren't rubber stamped;
4. Len Zuckerman -expressed concerns regarding fire and emergency access;
5. Christine Wang -stated Councilmember Gavello has filed numerous complaints to
Animal Control regarding Ms. Wang's barking dogs; suggested Councilmember
Gavello may have inappropriately used her position to have citations issued; and
complained that the work being conducted at Councilmember Gavello's residence
may not be with the necessary permits;
6. Stanley Miller -commented on Tustin water.
City Council Meeting August 4, 2009
Minutes Page 3 of 11
CONSENT CALENDAR ITEMS -Pulled items 6, 7, and 12 for separate action. It was
moved by Mayor Pro Tem Jerry Amante, seconded by Councilmember Jim Palmer to
approve the remaining Consent Calendar items as recommended by staff. Motion carried
5-0.
2. APPROVAL OF MINUTES -REGULAR MEETING OF JULY 21, 2009
Motion: Approve the Action Minutes of the Regular City Council Meeting held
on July 21, 2009
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Demands in the amounts of $1,250,885.85; $810,983.46; and Payroll in
the amount of $733,665.69.
4. PLANNING ACTION AGENDA -JULY 28, 2009
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
5. DESTRUCTION OF RECORDS -CITY CLERK'S OFFICE
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.
Motion: Adopt resolution.
RESOLUTION NO. 09-45 - 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 CITY CLERK 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
6. ADOPTING A RESOLUTION AMENDING A PORTION OF THE CITY'S
RECORDS RETENTION /DISPOSITION SCHEDULE
The Records Retention/Disposition Schedule specifies how long each record
will be held in active storage, inactive storage, and the date of destruction. It
City Council Meeting August 4, 2009
Minutes Page 4 of 11
also specifies records that are kept permanently owing to their vital or archival
statute. The Records Retention/Disposition Schedule was established to apply
efficient and economical methods to create, use, maintain, retain, preserve, and
dispose of City records, including those on electronic media.
The resolution proposes to amend a portion of the City's Records
Retention/Disposition Schedule as it relates to the retention of audio/video of
City Council, and Planning, Community Services, and Audit Commission
meetings.
Councilmember Palmer asked that the attachment to the resolution be amended
to retain the audio/video recordings in perpetuity
Motion: It was moved by Councilmember Jim Palmer, seconded by Mayor Pro
Tem Jerry Amante to adopt Resolution 09-46 with revised Attachment A.
Motion carried 5-0
RESOLUTION NO. 09-46 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE RECORD
RETENTION AND DISPOSITION SCHEDULE
7. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investments and certifying its compliance with the adopted
Investment Policy.
Motion: It was moved by Mayor Pro Tem Jerry Amante, seconded by
Councilmember Jim Palmer to receive and file the report. Motion carried 5-0.
8. CONSIDERATION OF CLAIM OF GILBERT GARCIA, CLAIM NO. 09-13
The Claimant is alleging injury to his right wrist, alleging false charges, racial
profiling and violation of civil rights.
Motion: Deny Claim Number 09-13, Gilbert Garcia, and direct Staff to send
notice thereof to the Claimant.
9. CONSIDERATION OF CLAIM OF BRIAN MACDONALD, CLAIM NO. 09-21
The Claimant alleges loss of personal property, business and personal records,
emotional trauma, damage to his reputation and lost wages as a result of his
arrest for the unlawful taking of a vehicle.
City Council Meeting August 4, 2009
Minutes Page 5 of 11
Motion: Deny Claim Number 09-21, Brian MacDonald, and direct Staff to send
notice thereof to the Claimant.
10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE NEWPORT AVENUE
MEDIAN MODIFICATIONS AT ANDREWS STREET AND MAIN STREET (CIP
NO. 4072); THE ANNUAL MAJOR PAVEMENT MAINTENANCE PROJECT, FY
2008-2009 (CIP NO. 7001); AND THE ANNUAL SIDEWALK REPAIR
PROJECT, FY 2008-2009 (PROJECT NO. 402-6235)
Construction of the Newport Avenue Median Modifications at Andrews Street
and Main Street (CIP No. 4072); the Annual Major Pavement Maintenance
Project, FY 2008-2009 (CIP No. 7001); and the Annual Sidewalk Repair Project,
FY 2008-2009 (Project No. 402-6235) have been completed to the satisfaction
of the City Engineer and are now ready for City Council acceptance.
Motion: Adopt resolution 09-43.
10.a. RESOLUTION NO. 09-43 - 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 NEWPORT AVENUE MEDIAN MODIFICATIONS
AT ANDREWS STREET AND MAIN STREET (CIP NO. 4072); THE ANNUAL
MAJOR PAVEMENT MAINTENANCE PROJECT, FY 2008-2009 (CIP NO.
7001); AND THE ANNUAL SIDEWALK REPAIR PROJECT, FY 2008-2009
(PROJECT NO. 402-6235) and
10.b. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
11. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE TO RECEIVE BIDS FOR THE TUSTIN CIVIC CENTER ROOF
REPLACEMENT PROJECT (CIP NO. 1032)
The plans and specifications for the Tustin Civic Center Roof Replacement
Project (CIP No. 1032) have been prepared and the project is ready to be
advertised to receive bids. The project is Categorically Exempt under California
Environmental Quality Act (CEQA) and the required Notice of Exemption has
been recorded with the County Recorder's Office.
Motion: Adopt Resolution 09-42.
RESOLUTION NO. 09-42 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND
SPECIFICATIONS FOR THE TUSTIN CIVIC CENTER ROOF
REPLACEMENT PROJECT (CIP 1032)
City Council Meeting August 4, 2009
Minutes Page 6 of 11
12. ARTERIAL HIGHWAY CAPACITY ENHANCEMENTS SIX MONTH
EVALUATION
On November 4, 2008 the City Council adopted Ordinance Number 1357,
prohibiting parking along designated portions of Newport Avenue, Red Hill
Avenue and Irvine Boulevard in order to provide an additional travel lane in
each direction. On February 1, 2009 parking restrictions became effective along
the three arterials and pavement striping was modified from four lanes to six
lanes. This action was taken to enhance the capacity of each arterial, increase
mobility, and decrease congestion and travel delay. No additional right-of-way
was required to provide these improvements.
Pursuant to City Council direction, staff has prepared asix-month evaluation.
Enhancing the arterials has resulted in noticeable improvement in mobility,
travel time, and flow. As anticipated, transitional traffic patterning has been
eliminated, speed has not increased, and parking absorption occurred.
Motion: It was moved by Mayor Pro Tem Jerry Amante, seconded by Mayor
Doug Davert. to receive and file this report. Motion carried 5-0
REGULAR BUSINESS ITEMS -Items were taken in the following order: Item 14, 16,
13, 15, and 17.
13. INTERIM URGENCY ORDINANCE NO. 1368 REGARDING MASSAGE
ESTABLISHMENTS AND THERAPISTS
Ordinance No. 1368 is an interim measure proposed to implement regulations
on the establishment and operation of massage establishments and massage
therapists for a period of 45 days. The Tustin City Code currently requires
massage businesses to obtain a Conditional Use Permit, and all massage
businesses must comply with the City's Personal Services regulations. On
September 27, 2008, the Governor signed Senate Bill (SB) 731 revising the
Business and Professions Code, relating to massage therapy. Of specific note
is the Bill's language providing for the certification of massage practitioners and
therapists by the Massage Therapy Council (a nonprofit organization) and
prohibiting a City from enacting ordinances regulating the practice of massage
by a certificate holder. The City Attorney's office has noted the need for an
interim Ordinance while the City monitors the state's newly enacted legislation
and refines the City's local code to ensure adequate regulations are enacted
Presentation by Elizabeth Binsack, Director of Community Development.
Motion: It was moved by Councilmember Jim Palmer, seconded by Mayor Pro
Tem Jerry Amante to adopt Urgency Ordinance No. 1368. Motion carried 5-0
ORDINANCE NO. 1368 - AN INTERIM URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
City Council Meeting August 4, 2009
Minutes Page 7 of 11
AMENDING PART 2 OF CHAPTER 6 OF THE TUSTIN CITY CODE,
RELATING TO REGULATION OF MASSAGE ESTABLISHMENTS AND
MASSAGE THERAPISTS FOR A PERIOD OF FORTY-FIVE DAYS
PENDING THE COMPLETION OF A STUDY OF THE REGULATIONS
AND IMPLEMENTATION GUIDELINES ANTICIPATED FROM THE
MASSAGE THERAPY COUNCIL APPLICABLE TO THE REGULATION
OF MASSAGE THERAPISTS UNDER RECENT STATE LEGISLATION
14. NON- PROFIT PROGRAM SUBSIDIES AND FEE WAIVERS
At their July 21, 2009 meeting the City Council directed staff to return with a
resolution embodying a new policy stating all programmatic subsidy and
percentage fee waivers made to non-profit organizations and community groups
be eliminated beginning this fiscal year. A proposed resolution is attached to
the agenda report for consideration.
Motion: It was moved by Mayor Pro Tem Jerry Amante, seconded by
Councilmember Jim Palmer to adopt Resolution 09-44. Motion carried 4-1
(Gavello dissented)
RESOLUTION NO. 09-44 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, TO ELIMINATE, BEGINNING
FY2009-10, THE EXPENDITURES OF PUBLIC FUNDS THROUGH
DIRECT CONTRIBUTIONS, FACILITY FEE WAIVERS AND CITY
LABOR COST WAIVERS, AS SOLICITED BY COMMUNITY GROUPS
AND NON-PROFIT ORGANIZATIONS FOR SPECIAL PROGRAMS
AND PROJECTS
15. WIRELESS COMMUNICATIONS MASTER PLAN
This report is to inform the City Council that the Wireless Master Plan (WMP) as
contracted with ATS Communications (ATS) has been completed.
Presentation by John Buchanan, Redevelopment Program Manager.
Motion: Moved by Mayor Pro Tem Jerry Amante, seconded by Councilmember
John Nielsen to receive and file the Wireless Communications Master Plan.
Motion carried 5-0
16. CROSSING GUARD SERVICES CONTRACT WITH ALL CITY MANAGEMENT
SERVICES, INC.
To establish a benchmark for the purpose and need for the City's participation in
the School Crossing Guard Services Program, a warrant analysis of the existing
thirty-one crossing guard posts was conducted by the Public Works
Department. The criteria for the warrant analysis are established in the
City Council Meeting August 4, 2009
Minutes Page 8 of 11
California Manual of Uniform Traffic Control Devices (CA MUTCD). Warrants
are based upon a combination of pedestrian volumes and conflicting vehicular
volumes.
The warrant analysis concluded 6 of the 31 crossing guard posts met warrant
criteria in both vehicular and pedestrian volumes (Category 1). The remaining
25 crossing guard posts did not meet warrant criteria. Ten of those intersections
did not meet warrant criteria in either vehicular volumes (Category 2) or
pedestrian volumes (Category 3). The remaining 15 current crossing guard
posts (Category 4 of the study) did not meet warrant criteria in either vehicular
or pedestrian volumes.
One option is to execute a new contract with only the six crossing guard posts
that met warrant criteria (Category 1). A second option is to approve a new
contract with the 16 posts included in Categories 1 through 3. Although the
posts in Category 2 and Category 3 did not meet the warrant criteria in both
categories, the pedestrian volumes in Category 2 and the vehicular volumes in
Category 3 were significant in either the AM or PM peak hour to consider
keeping these posts active.
In addition, eight posts that cross kindergarten children during the noontime
hour were eliminated due to the Tustin Unified School District institutional
practice and requirement that kindergarten age children are to be escorted to
and from school by an adult or sibling.
Recess at 9:58pm; Reconvened at 10:03pm with all members present
Presentation by Police Chief Scott Jordan.
Motion: Moved by Mayor Pro Tem Jerry Amante, seconded by Councilmember
Deborah Gavello to approve recommendation including Option 2, with direction
to return at first meeting in October with an update. Motion carried 5-0
16.a. Receive and file the Crossing Guard Warrant Study conducted by Austin
Foust Associates, Inc.;
16.b. Approve and execute the contract with All City Management Services,
Inc. for fiscal year 2009 - 2010 with a reduced level of service based on
the Crossing Guard Warrant Study:
Option 2 - To include 16 warranted posts with 22 guard positions
(Categories 1 through 3) and no noontime crossings;
16.c. Direct City Staff to meet with Tustin Unified School District
representatives to discuss entering into an agreement with the City to
fund any additional crossing guard posts they may deem necessary,
and/or to enter into an agreement to provide student or parent volunteer
crossing guard posts; and
16.d. Authorize the City Manager or the Chief of Police to sign any
City Council Meeting August 4, 2009
Minutes Page 9 of 11
amendments to the contract with All City Management Services, Inc.
based on negotiations with the Tustin Unified School District, subject to
approval by the City Attorney.
17. LEGISLATIVE REPORTS -SENATE BILL (SB) 696, AIR QUALITY: CEQA
EXEMPTIONS: EMISSION REDUCTION CREDITS
If approved, Senate Bill (SB) 696 authorizes the South Coast Air Quality
Management District California (SCAQMD) to restart issuing air permits to
businesses and public agencies within the region.
In addition, Council may request that staff prepare reports, and/or letters of
support/opposition on legislative matters that are time-sensitive and not
agendized.
Motion: It was moved by Mayor Doug Davert, seconded by Mayor Pro Tem
Jerry Amante to support SB 696 and direct staff to transmit the letter attached to
the Agenda Report. Motion carried 5-0
OTHER BUSINESS /COMMITTEE REPORTS Councilmember Palmer left digs at
10:52pm
• Councilmember Gavello:
• Concerned with investment policy, particularly Orange County Investment Pool;
• Thanked staff for efforts;
• Movies in the Park are great events;
• Attended Tim Serlet retirement party;
• Attended Angel game with staff;
• Kudos to Parks & Recreation Dept. for camps, concerts, etc.
Councilmember Nielsen:
• Concerts in the Park, hope to see citizens out there;
• Movies in the Park told schedules
• Broadway in the Park "Anything Goes" August 18-22
Councilmember Palmer:
Not in attendance
Mayor Pro Tem Amante:
• Congratulations to Mayor elected to chair of OCFA;
• MIS study for Central Corridor;
• Quiet Zone update, including Red Hill crossing to begin construction in Spring 2010;
• OCTA status report on HOV lanes;
• Attended meeting with Mayor and other city representatives regarding issues in OC;
• Attended Tim Serlet's retirement;
City Council Meeting August 4, 2009
Minutes Page 10 of 11
• Attended going-away party for Maria Huizar;
• OCTA Executive Committee report;
• Meeting with Senator Lou Corea and Peter Buffa regarding: transportation in Orange
County;
• August 10t" is 20t" anniversary of Tustin Senior Center;
• August 13t" Police Department promotional ceremony;
• August 19t" Ribbon Cutting for library; retirement party for Capt. Garcia and Lt. Stickles;
• August 23rd Enderle Center classic car show;
• Commented on State budget effects on local government. We will lose $1.6 million on
1 a funds and over $6.1 million in Redevelopment funds;
Responded to resident comments regarding complaints against Councilmember Gavello;
asked City Attorney to conduct investigation and provide report to Council on the issue.
Mayor Davert:
• Thanked Maria Huizar for service;
• Mayor Pro Tem Amante represented City at press conferences regarding the State
budget;
• Badge ceremony for new Chief at OCFA at 10am on August 5, 2009;
• Water Summit meeting on August 21St;
• Commented on bank failures, and asked staff to be watchful with the City's investment
policy;
Responded to Council decorum at past meetings, particularly regarding situation with
Councilmember Gavello.
ADJOURNED - 11:18P .M. -The next meeting of the City Council is scheduled for
Tuesday, September 1, 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.
Pamela Sto
City Clerk
City Council Meeting August 4, 2009
Minutes Page 11 of 11