HomeMy WebLinkAboutCC MINUTES 2009 09 01MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
SEPTEMBER 1, 2009
CALLED TO ORDER MEETING #2219 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: Kristi Recchia, Interim 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. EXISTING LITIGATION [Government Code Section 54956.9(a)] -One Case -
The People of the State of California, and The City of Tustin v. Ray Trujillo,
OC Superior Court Case No. 39-2008-00106625
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)
RECESSED - At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
City Council Meeting September 1, 2009
Minutes Page 1 of 11
RECONVENED - At 6:59 p.m., City Council reconvened in public session with same
members present.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER MEETING #2219 AT 7:00 P.M.
INVOCATION -Father Thomas Nguyen, St. Cecilia's Church
PLEDGE OF ALLEGIANCE - Councilmember Gavello
ROLL CALL -City Clerk Stoker
CLOSED SESSION REPORT - City Attorney Holland reported that Council approved a
settlement agreement; no additional reportable actions.
PRESENTATIONS
Mayor Pro Tem Amante introduced new OCTA CEO -Will Kempton k
Introduction and welcome of Orange County Fire Authority Chief Keith Richter.
Planning Commission Chair, Charles Puckett, gave an oral presentation on the
property. 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. Brian Andrews from Assemblyman Miller's
office also presented a Certificate of Recognition.
PUBLIC HEARING ITEM
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
City Council Meeting September 1, 2009
Minutes Page 2 of 11
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.
Chief Jordan gave brief presentation.
Public Hearing opened at 7:15 p.m.
Hearing closed at 7:15 p.m.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to approve recommendations as follows:
1. Authorize usage of the funds as recommended by the Police
Department;
2. Authorize the Chief of Police to sign all documents related to SLESF
Motion carried 5-0
ORAL COMMUNICATION /PUBLIC INPUT -None
CONSENT CALENDAR ITEMS -Pulled items 8, 11, 14 and 15 for separate action. It was
moved by Councilmember Nielsen, 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 AUGUST 4, 2009 AND
SPECIAL MEETING OF AUGUST 25, 2009
Motion: 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
Motion: 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.
City Council Meeting September 1, 2009
Minutes Page 3 of 11
Motion: Receive and file.
5. CONSIDERATION OF CLAIM OF STEPHEN IGNATIUS, CLAIM NO. 09-20
The Claimant alleges that seeds from a carrot wood tree stained his newly
installed driveway pavers.
Motion: 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.
Motion: 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.
Motion:
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
City Council Meeting September 1, 2009
Minutes Page 4 of 11
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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Mayor Davert
to approve the Online Utility Exchange subscriber service agreement. Passed 3-
2 (Nielsen and Palmer dissented)
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.
Motion: It was moved by Councilmember Palmer, seconded by Mayor Pro Tem
Amante to approve the purchase of two (2) HP LeftHand P4000 SANs from
Synegi. Motion carried 5-0
10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO
FILE THE NOTICE OF COMPLETION FOR THE TRAFFIC
SIGNALINSTALLATION/INTERCONNECT SYSTEM AT PORTOLA PARK-
WAY/ 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 INSTALLA-
TION/INTERCONNECT SYSTEM AT TUSTIN RANCH ROAD AND
GREENWAYDRIVE/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.
Motion:
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
City Council Meeting September 1, 2009
Minutes Page 5 of 11
/ 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 Win.„.
INSTALLATION / INTERCONNECT SYSTEM AT TUSTIN RANCH
ROAD AND GREENWAY DRIVE/ADAMS DRIVE (CIP NO. 4075)
11
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
ADDENDUM TO SPRINGBROOK AGREEMENT FOR PURCHASE OF
ADDITIONAL SOFTWARE MODULES
Replace the existing financial software with Springbrook's financial software and
purchase Springbrook's Work Order software module.
Motion: It was moved by Councilmember Palmer, second by Mayor Pro Tem
Amante to approve recommendations as follows:
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.
12
13
2. Authorize a supplemental appropriation of $71,100 from unappropriated
reserves of the General Fund to the Information Technology Division's
computer software account.
Motion carried 5-0
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.
Motion: 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.
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.
City Council Meeting September 1, 2009
Minutes Page 6 of 11
Motion:
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
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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to 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. Motion carried 5-0
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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer to adopt Resolution No. 09-50 authorizing an Encroachment License
Agreement as approved by City Attorney, between the City of Tustin and
CoxCom, Inc. dba Cox Communications Orange County for the placement of
City Council Meeting September 1, 2009
Minutes Page 7 of 11
aboveground utility facilities within the City's public right-of-way in and upon
properties within the Irvine Industrial Complex. Motion carried 5-0
RESOLUTION NO. 09-50 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN
ENCROACHMENT LICENSE AGREEMENT BETWEEN THE CITY OF
TUSTIN AND COXCOM, INC. dba COX COMMUNICATIONS ORANGE
COUNTY FOR THE PLACEMENT OF ABOVEGROUND UTILITY
FACILITIES WITHIN THE CITY'S PUBLIC RIGHT-OF-WAY IN OR
UPON PROPERTIES LOCATED WITHIN THE IRVINE INDUSTRIAL
COMPLEX.
REGULAR BUSINESS ITEMS
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?"
Motion: It was moved by Councilmember Palmer, seconded by Mayor Davert,
that the City Council approve the proposed letter of response, and authorize the
Mayor to execute the letter to the Orange County Grand Jury.
Motion carried 5-0
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.
Presentation by Assistant Public Works Director Stack and Finance Director
Arends-King.
Council suggestions, comments and questions followed.
Recommendation:
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)
City Council Meeting September 1, 2009
Minutes Page 8 of 11
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.
Motion: It was moved by Councilmember Nielsen, seconded by Mayor Davert,
that City Council take the following action: Approval of Option 2
Motion failed: 2-3 (Gavello, Amante and Palmer dissented)
Second Motion: Councilmember Nielsen made a motion for a continuance,
seconded by Mayor Davert. Motion carried 5-0
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.
It was moved by Mayor Pro Tem Amante, to send a letter of opposition on SB
802. Councilmember Palmer seconded. Motion carried 4-1 (Gavello dissented)
Mayor Davert requested a resolution regarding Friends of the Delta proposal to
be agendized at the next meeting.
Councilmember Palmer suggested Mayor Davert send a letter to Municipal
Water District regarding proposed retirement enhancements.
19. REQUEST TO REVIEW CONDUCT OF MEMBER OF THE CITY COUNCIL
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Palmer, not to proceed with an investigation and to send letter of apology to
resident. Motion carried 4-1 (Gavello dissented)
OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Gavello:
• Attended movies in the park; thanked employee Sarah King;
• Attended concerts in the park; thanked Parks & Recreation Director Dave Wilson
• Praised the Broadway in the Park production "Anything Goes"
• Attended grand opening of Barrhomes Realty;
• Attended Pine Tree Park re-dedication;
• Attended monthly WACO meeting; discussing policy procedures;
City Council Meeting September 1, 2009
Minutes Page 9 of 11
• Attended Assemblyman Solorio's hearing on water options;
• Attended Newport Bay Watershed Executive Committee meeting;
• Attended Senior Center 20 Year Anniversary celebration;
• Attended Police Department Swearing In and Promotion ceremony;
• Spoke with County Treasurer's Office regarding Whistle Jacket investment;
• Expressed interest in being appointed to Vector Control, or act as an alternate.
Councilmember Palmer
• Attended Broadway in the Park event;
• Attended Pine Tree Park re-dedication;
• Commented on Library Board study on funding allocation;
• Announced Sept. 11 t" Commemoration at Irvine Valley College;
Councilmember Nielsen:
• Commented on letter from Tustin Ranch HOA regarding coyote issues -requested
follow-up;
• OCCOG report (Scott Reekstin attended on his behalf) discussed S8375 planning,
funding and lead role in framework; wrote letter of support for AB 696; new
executive director, Christine Murray was confirmed for OCTA; possibly agendize
increase in dues;
• Commented on new Library;
• TUSD, City and Tustin Public Schools Foundation to save after-school music
program for students;
• Announced free flu vaccines to be offered at Senior Center;
• Attended retirement ceremony for two retiring police officers, Capt Joe Garcia and
Lt. Joe Stickles;
• Attended Police Department swearing in and promotion ceremony; Capt. Steve
Lewis, Lt. Pat Welch, Lt. Paul Garaven, Sgt. Luis Garcia, Sgt. Mike Van Cleve,
Officer Brad Saunders and Communications Officer Nicole Sells
• Attended several concerts in the park, and two movies in the park events;
• Congratulated TACFA for Broadway in the Park event;
• Attended Pine Tree Park re-dedication;
• Attended Classic Car Show at Enderle Center;
• Attended 20th Anniversary of Senior Center;
• Met with Congressmen Ed Royce & John Campbell to hear discussion on health
care debate;
• Attended Barrhomes Realty ribbon cutting;
• Congratulated Jeff Thomas in his appointment to MWD board;
Mayor Pro Tem Amante
• Congratulated the Tustin Community Foundation for their contributing funds to
service clubs;
• Attended meeting with Peter Buffa, OCTA and Senator Lou Corea regarding
transportation issues;
• Attended meeting with Assemblyman Solorio to discuss protection of monies for
transportation projects;
• Attended the 20t" Anniversary of Senior Center;
City Council Meeting September 1, 2009
Minutes Page 10 of 11
• Reported on new Tustin Library;
• Attended retirement party for Police Captain and Lieutenant;
• Attended a Central Corridor study discussing transportation solutions;
• Attended Enderle Center Classic Car show;
• Spoke to Irvine Exchange Club;
• Attended re-dedication of Pine Tree Park;
• Commented on sales tax reports;
• Commented on fiscal crisis in Sacramento and effects of AB 32 and A8375;
• Expressed concern for residents in foothill areas regarding potential fire hazards;
Mayor Davert
• Reported that Tustin schools back in session;
• Commented on new Library opening;
• Congratulated Jeff Thomas on appointment to Municipal Water District board;
• Attended Broadway in the Park and Concerts in the Park; they were great;
• Announced upcoming presentation of the Historic Hangers on 8/21;
• Thoughts and prayers to Sergeant Duane Havourd who was involved in accident
and is in the recovery process;
• Municipal Water District considering increase in employee pensions;
• Acknowledged fire fighters who lost their lives in the fires;
• Received request from residents regarding coyote threats; will look into recent study
conducted in Yorba Linda;
• Adjournment of meeting in memory of Mark Jeffries, son of George Jeffries.
ADJOURNED - 9:30 P.M. 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.
Adjourned
In memory of
Mark William Jeffries, Sr.
Doug I
Mayor
n
amela St ,
City Clerk
City Council Meeting September 1, 2009
Minutes Page 11 of 11