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Home My WebLink AboutCC MINUTES 2009 10 06MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA OCTOBER 6, 2009 CALLED TO ORDER -MEETING 2221 AT 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert, Mayor Pro Tem Jerry Amante, and Councilmember John Nielsen. Absent: Councilmembers Deborah Gavello and Jim Palmer 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 follo~,~ving 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 REAL PROPERTY NEGOTIATORS -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: Christine Shingleton, Assistant City Manager and William Huston, City Manager Negotiators for TLCP: Colm Macken, representative for Tustin Legacy Community Partners (TLCP) 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 The City attorney requested that an item be added to the Closed Session agenda. City Council Meeting October 6, 2009 Minutes Page 1 of 6 It was moved by Mayor Pro Tem Amante and seconded by Mayor Davert to add the following item to the closed session agenda: D. EXISTING LITIGATION [Government Code Section 54856.9(a)] - One Case -City of Newport Beach and City of Tustin v. City of Irvine, Orange County Superior Court No. 30-2008-00228855-CU-WM-CXC. Motion carried 3-0 (Gavello and Palmer absent) 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 CALLED TO ORDER -MEETING 2221 AT 7:00 P.M. INVOCATION -American Legion PLEDGE OF ALLEGIANCE -American Legion ROLL CALL Present: Mayor Doug Davert, Mayor Pro Tem Jerry Amante, and Councilmember John Nielsen Absent: Councilmembers Deborah Gavello and Jim Palmer City Clerk: Pamela Stoker, City Clerk Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney CLOSED SESSION REPORT -City Attorney Holland No reportable actions ORAL COMMUNICATION /PUBLIC INPUT - • Susannah D'Arcy -Tustin Community Foundation selling tickets for car raffle fundraiser; • Marisa Charette, former President of Tustin Chamber; thanked chamber members, City Council, and staff for past support. CONSENT CALENDAR ITEMS - It was moved by Mayor Pro Tem Amante, seconded by City Council Meeting October 6, 2009 Minutes Page 2 of 6 Councilmember Nielsen, to approve Consent Calendar items as recommended by staff. Motion carried 3-0 (Gavello and Palmer absent) APPROVAL OF MINUTES -REGULAR MEETING OF SEPTEMBER 15, 2009 Motion: Approve the Action Minutes of the Regular City Council Meeting held on September 15, 2009. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve reversals in the amounts of $105.38, $809,051.07, demands in the amounts of $1,264,959.48, $863,027.21, 2,271,955.75; and Payroll in the amount of $715,830.64. 3. PLANNING ACTION AGENDA -SEPTEMBER 22, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Motion: Receive and file. 4. CONSIDERATION OF CLAIM OF FARMERS INSURANCE FOR YOUNG HA, CLAIM NO. 09-23 The Claimant alleges that aCity-owned tree fell onto the vehicle of Young Ha, causing damage in the amount of $1,505.79. Motion: That the City Council deny Claim Number 09-23, Farmers Insurance for Young Ha, and direct Staff to send notice thereof to the Claimant. 5. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY The approval of this loan and administrative services agreement between the City of Tustin and the Tustin Community Redevelopment Agency will comply with Section 33675 of the California Health and Safety Code regarding the allocation and payment of tax increment to Redevelopment Agencies, and provide the resources necessary to carry out the Agency's program. Motion: That the City Council: 1. Approve Working Capital loan of $4,650,000 to the South Central Project Area through August 31, 2010. 2. Authorize the Mayor and the Chairperson of the Agency to execute the attached agreement for 2009-2010, offering and accepting a loan and City Council Meeting October 6, 2009 Minutes Page 3 of 6 various services from the City to the Agency totaling $5,725,000 for fiscal year 2009-2010. 6. ADOPTION OF RESOLUTION NO. 09-52 ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "TRAFFIC SIGNAL INSTALLATION AT PROSPECT AVENUE AND BENETA WAY/AMAGANSET WAY" (CIP NO. 4077) AND TRANSFER FUNDS FOR THE DESIGN AND CONSTRUCTION OF THE PROJECT The California Department of Transportation (Caltrans) has approved funding in the amount of $254,045 for a traffic signal at the intersection of Prospect Avenue and Beneta Way/Amaganset Way under Cycle 8 of the state legislated Safe Routes to School (SR2S) Program. Adoption of Resolution No. 09-52 will add the project to the Fiscal Year 2009-2010 Capital Improvement Program, including the necessary funding for design and construction. Motion: It is recommended that the City Council: 1) Adopt Resolution No. 09-52, amending the Capital Improvement Program Budget for Fiscal Year 2009-2010 to establish a new project entitled "Traffic Signal Installation at Prospect Avenue and Beneta Way/Amaganset Way" (CIP No. 4077); and 2) Authorize the transfer of project design savings in the amount of $49,005 from the Jamboree Road Rehabilitation Project (CIP 7194) for design and the 10% match requirement for project construction costs. RESOLUTION NO. 09-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2009-2010 TO ESTABLISH A NEW PROJECT ENTITLED "TRAFFIC SIGNAL INSTALLATION AT PROSPECT AVENUE AND BENETA WAY/AMAGANSET WAY" (CIP NO. 4077) AND TRANSFER FUNDS FOR DESIGN AND CONSTRUCTION OF THE PROJECT REGULAR BUSINESS ITEMS 7. ADOPTION OF RETAIL WATER RATES At the September 1, 2009 meeting City Council directed staff to provide additional water rate options. Staff presented two options at prior council meetings and developed four additional options. Water rate increase Option 1 was presented at the August 4, 2009 meeting and Option 2 was presented at the September 1, 2009 meeting. Options 3 through 5 reduce the water rate increase, delays debt financing for the construction of the Rawlings Reservoir, Tustin Avenue well, the Simon Ranch Reservoir and Booster Station and the Beneta Well; delays pay-as-you-go capital projects; and delays the replenishment of cash reserves. Option 6 is a 1-year rate increase that City Council Meeting October 6, 2009 Minutes Page 4 of 6 eliminates operating loss while meeting existing bond covenants. Motion: It was moved by Councilmember Nielsen ,seconded by Mayor Pro Tem Amante , to continue the item to the October 20, 2009 City Council Meeting. Motion carried 3-0 (Gavello and Palmer absent) 1. Adopt Option 1 water rate increase resolution as presented on August 4, 2009. 2. Adopt Option 2 water rate increase resolution as presented on September 1, 2009 3. Adopt Option 3 water rate increase resolution. 4. Adopt Option 4 water rate increase resolution. 5. Adopt Option 5 water rate increase resolution. 6. Adopt Option 6 water rate increase resolution. If any rate option is approved, the corresponding rate increase will be effective October 7, 2009. RESOLUTION NO. 09-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER SERVICE RATES (OPTIONS 1-6) 8. LEGISLATIVE REPORT None OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council Councilmember Nielsen • SCAG Report -Cal Fires reported on costs of large scale fires in Southern California; Community Economic and Human Development Committee meeting discussed involvement of local communities; report on ARTEC; presentation from Assemblyman Eng regarding transportation planning and budgeting; • Attended workshops for South Tustin Redevelopment planning and development held at new Library Community Room; • September 21St attended a Historical Presentation on MCAS Tustin blimp hangars; • Congratulated new Planning Commission chair and co-chair. Mayor Pro Tem Amante • Attended Annual League of California Cities conference; • Attended meetings with San Onofre Coalition and TCA Engineering staff regarding completion of the road; • Attend OC League Division planning session; • Represented Mayor for grand opening of new Kohls store; • Attended Tiller Days festivities; City Council Meeting October 6, 2009 Minutes Page 5 of 6 • Met with Senator Mimi Walters and her chief of staff, and took them on a tour of the City; • Tustin Brewery won first place for a locally produced beer. Mayor Davert re-opened public input to allow representative of Tustin High School to provide comments. Conner Fromknecht gave a brief report on the monthly events and accomplishments of Tustin High School. Mayor Davert • Attended Annual League of California Cities conference and reported on the endeavors of the conference; • Commented on the video presentation of MCAS Tustin blimp hangars • Spoke at Tustin Rotary Club last week; • Offered Congratulations to Community Services staff and Cherrill Cady regarding the Tustin Tiller Days festivities; • Attended the Annual OCFA Headquarters Open House; • OCFA hosted a memorial softball tournament in honor of fallen firefighters; • Visited Washington DC on behalf of O.C. Sanitation District last week; • Hosted a tour with Senator Mimi Walters earlier today. ADJOURNED - 7:31 p.m. The next meeting of the City Council is scheduled for Tuesday, October 20, 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. '~ A ELA S OKE _ City Clerk City Council Meeting October 6, 2009 Minutes Page 6 of 6