HomeMy WebLinkAbout04 CC MINUTES 2-16-10Agenda Item 4
Reviewed:
City Manager
MINUTES Finance Director N!A
OF THE SPECIAL MEETING OF THE
CITY COUNCIL
TUSTIN, CALIFORNIA
FEBRUARY 16, 2010
CALL TO ORDER - 4:30 p.m.
ATTENDANCE
Present: Mayor Jerry Amante, Mayor Pro Tem John Nielsen and
Councilmembers Doug Davert, Jim Palmer and Deborah Gavello
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William Huston, City Manager; and Douglas Holland, City Attorney
PUBLIC INPUT -None.
BUSINESS ITEM
INTERVIEW AND APPOINT MEMBERS TO THE PLANNING, COMMUNITY
SERVICES AND AUDIT COMMISSIONS
The City Council conducted interviews and appointed two (2) members to the
Planning Commission, two (2) members to the Community Services Commission
and two (2) members to the Audit Commission. The Planning and Community
Services Commissioners selected will serve until March 1, 2012 or until their
respective successors are appointed and qualified. The Audit Commissioners
selected will serve until March 1, 2014 or until their respective successors are
appointed and qualified. The City Clerk's Office received the following applications:
Planning Commission Applicants
1. Marie E. Landfair
2. Adrian Mulyadi
3. Charles E. "Chuck" Puckett*
4. Jeff R. Thompson*
*Incumbent
Ballots were cast by Council to fill two seats on the Planning Commission, as
follows:
Amante: Puckett and Thompson
Nielsen: Puckett and Thompson
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 1 of 12
Davert: Puckett and Thompson
Palmer: Puckett and Thompson
Gavello: Puckett and Thompson
City Clerk Services Supervisor Estrella reported the ballot tally as follows: Puckett
(5 votes); Thompson (5 votes). By unanimous consent re-appointed Puckett and
Thompson to the Planning Commission.
Community Services Commission Applicants
1. Joanne Ehret
2. Ken Henderson
3. Marie E. Landfair
4. Donna Marsh Peery*
5. Kristina Quach
6. Mandip Kaur Samra
*Incumbent
Ballots were cast by Council to fill two seats on the Community Services
Commission, as follows:
Amante: Henderson and Marsh Peery
Nielsen: Henderson and Marsh Peery
Davert: Henderson and Marsh Peery
Palmer: Henderson and Marsh Peery
Gavello: Ehret and Marsh Peery
City Clerk Services Supervisor Estrella reported the ballot tally as follows: Marsh
Peery (5 votes); Henderson (4 votes); and Ehret (1 vote). By unanimous consent
re-appointed Marsh Peery and by majority vote appointed Henderson to the
Community Services Commission.
Audit Commission Applicants
1. R. Lawrence Friend*
2. David V. Hanzich
3. Marie E. Landfair
4. Gregory C. Moore*
*Incumbent
Ballots were cast by Council to fill two seats on the Audit Commission, as follows:
Amante: Friend and Moore
Nielsen: Friend and Moore
Davert: Friend and Moore
Palmer: Friend and Moore
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 2 of 12
Gavello: Friend
City Clerk Services Supervisor Estrella reported the ballot tally as follows: Friend (5
votes) and Moore (4 votes). By majority vote re-appointed Friend and Moore to the
Audit Commission. Following adjournment Councilmember Gavello changed her
vote. Resulting ballot tally as follows: Friend (4 votes); Moore (4 votes); and
Hanzich (1 vote) with no change to the outcome.
ADJOURNED - 4:51 p.m.
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 3 of 12
MINUTES
OF THE JOINT REGULAR MEETING OF THE
CITY COUNCIL, REDEVELOPMENT AGENCY AND
TUSTIN PUBLIC FINANCING AUTHORITY
FEBRUARY 16, 2010
CALL TO ORDER -Meeting #2230 at 5:30 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen and Councilmembers/Agencymembers/Directors Doug
Davert, Jim Palmer
Absent: Councilmember/Agencymember/Director Gavello
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William Huston, City Manager; and Douglas 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 § 54956.9(b)] -Two Cases
B. EXISTING LITIGATION [Govt. Code Section 54956.9(a)] -One Case
• City of Newport Beach and City of Tustin v. City of Irvine et al., Case No.
30-2008-00228855-CU-WM-CXC, Orange County Superior Court
RECESSED - At 5:31 p.m. City Council/Redevelopment Agency/TPFA recessed to
closed session to discuss matters listed under Closed Session.
RECONVENED - At 7:00 p.m. City Council/Redevelopment Agency/TPFA reconvened in
public session with same members present.
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 4 of 12
JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND
TUSTIN PUBLIC FINANCING AUTHORITY MEETING
7:00 P.M.
~~ ~~
CALL TO ORDER -Meeting #2230 at 7:00 p.m.
INVOCATION -Mayor Amante
PLEDGE OF ALLEGIANCE - Councilmember Gavello
ROLL CALL -City Clerk Stoker
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen and Councilmembers/Agencymembers/Directors Doug
Davert, Jim Palmer and Deborah Gavello
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Douglas Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland
No reportable action.
PRESENTATIONS
• Certificate presented by Mary Beth Griffin and Danielle Evens of Mothers Against
Drunk Drivers (MADD) to Tustin Police Officer Ian Wise for numerous DUI arrests
• Presentation by Scott Maloni, Vice President of Poseidon Resources, on the
Huntington Beach Desalination Project
Mayor Amante directed staff to prepare a report and resolution for City Council
approval on the Huntington Beach Desalination Project.
ORAL COMMUNICATION /PUBLIC INPUT - At this time, any member of the public may
address matters which are listed on this agenda or under the jurisdiction of the City
Council/Redevelopment Agency/Tustin Public Financing Authority. If the item you wish to
speak on is a public hearing item, you may wish to wait until that item is considered.
None.
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 5 of 12
PUBLIC HEARING ITEM
A public hearing provides individuals the opportunity to be
heard regarding an intended action related to land use or
fees. (Agenda Item 1)
COMMUNITY DEVELOPMENT BLOCK GRANT 2010-2015 CONSOLIDATED
PLAN, SUBRECIPIENTS PERFORMANCE EVALUATION AND FUNDING
REQUESTS FOR PROGRAM YEAR 2010-11, REALLOCATION OF
UNEXPENDED FUNDS
The Housing and Community Development Act of 1974, as amended,
established the Community Development Block Grant (CDBG) program to
return federal funds to local communities for the purpose of developing viable
urban communities by providing decent housing, suitable living environments,
and by expanding economic opportunities, specifically for low and moderate
income persons. To participate in the CDBG program, the City is required to
prepare a Consolidated Plan that identifies needs for affordable and supportive
housing, community development, public services, and economic opportunities.
The Consolidated Plan is required every five years. Annually, the City is also
required to prepare cone-year Action Plan that implements the goals and
objectives contained in the Consolidated Plan.
Public Hearing opened at 7:25 p.m.
Public Hearing closed at 7:25 p.m. with no public comment.
Motion: It was moved by Councilmember Davert, seconded by Councilmember
Palmer to approve the recommendation.
1. Consider and provide staff with direction on the 2010-2015 Consolidated
Plan Priority Needs;
2. Consider and provide staff with direction on public service performance
evaluations for continued funding;
3. Hold the first required public hearing to receive public input and testimony;
and,
4. Set a second required public hearing on April 20, 2010 to finalize the 2010-
2015 Consolidated Plan update, Program Year 2010-11 funding allocation
and the Program Year 2010-11 Action Plan.
Motion carried 5-0.
CONSENT CALENDAR ITEMS - It was moved by Councilmember/
Agencymember/Director Doug Davert and seconded by Mayor Pro Tem/Chair Pro Tem
John Nielsen to pull item 6 from the consent calendar and approve the balance of items
on consent as recommended by staff.
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 6 of 12
Motion carried 5-0.
2. APPROVAL OF MINUTES -JOINT REGULAR MEETING OF THE CITY
COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING
AUTHORITY HELD ON FEBRUARY 2, 2010
Motion: Approve the Action Minutes of the Joint Regular Meeting of the Joint
City Council, Redevelopment Agency and Tustin Public Financing Authority held
on February 2, 2010.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $2,509,988.98, $15,030.72,
$694,733.93, reversals in the amount of $948.14, and Payroll in the amount of
$705,094.12.
4. PLANNING ACTION AGENDA -February 9, 2010
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Motion: Receive and file.
5. ADOPT RESOLUTION NO. 10-23 ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2010-2011
Resolution No. 10-23 orders the preparation of the Engineer's Report for the
Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal
Year 2010-2011. The purpose of the Engineer's Report is to set forth findings
and the engineering analysis to levy assessments in the Tustin Landscape and
Lighting District for the 2010-2011 Fiscal Year.
Motion: Adopt Resolution No. 10-23 ordering the preparation of the Engineer's
Report for the Tustin Landscape and Lighting District Levy of Annual
Assessments for Fiscal Year 2010-2011.
RESOLUTION NO. 10-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN
ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR
FISCAL YEAR 2010-2011
6. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR SCADA SYSTEM
UPGRADE FOR THE WATER SERVICES DIVISION
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 7 of 12
Approval of Consultant Services Agreement will provide professional consulting
services for upgrading the Water Services Division's Supervisory Control and
Data Acquisition (SCADA) System. The current SCADA System was originally
acquired in 1999. Many of the system's components including computers,
programmable logic controllers and related equipment are now outdated and
need to be brought to current standards.
Motion: It was moved by Councilmember/Agencymember/Director Davert and
seconded by Mayor Pro Tem/Chair Pro Tem Nielsen to approve the Consultant
Services Agreement with Morrow-Meadows Corporation in the not to exceed
amount of $101,513.00, and authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
Motion carried 4-1 (Councilmember/Agencymember/Director Gavello
dissenting)
7. APPROVAL OF FOURTH AMENDMENT AND FULL RESTATEMENT OF
COOPERATIVE AGREEMENT D08-104 FOR THE NEWPORT BAY
WATERSHED AND THE CENTRAL WATERSHED MANAGEMENT AREA
At the August 19, 2009 Newport Bay Watershed Executive Committee meeting,
the Committee approved amendments to Cooperative Agreement D08-104 for
the purpose of providing a meaningful framework for cooperation of sediment,
water quality, and water resource issues in the Central Watershed Management
area. The agreement forms the partnership for member agencies to work
together on issues in the watershed. The Cooperative Agreement is a standard
form agreement, and has been approved by the Orange County Board of
Supervisors and is now ready for approval by all the affected agencies.
Motion: Approve the fourth amendment and full restatement of cooperative
agreement D08-104 for the Newport Bay Watershed and the Central Watershed
Management Area and authorize execution of the agreement by the Mayor and
City Clerk on behalf of the City.
8. APPROVAL OF AN AGREEMENT BETWEEN CITY OF TUSTIN AND CITY OF
IRVINE FOR THE DYER ROAD/BARRANCA PARKWAY/RED HILL AVENUE
INTERSECTION IMPROVEMENT PROJECT
Approval of an agreement between the City of Irvine and City of Tustin is
necessary for Irvine's construction of the Dyer Road/Barranca Parkway/Red Hill
Avenue Intersection Improvement Project. The subject agreement identifies the
respective responsibilities of the two cities as it relates to the Project,
particularly since a portion of the Project impacts Tustin's jurisdictional
boundaries.
Motion: Approve the agreement between the City of Tustin and the City of Irvine
for the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement
Project, and authorize execution of the agreement by the Mayor and City Clerk
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 8 of 12
on behalf of the City.
9. DESTRUCTION OF RECORDS -POLICE DEPARTMENT
Government Code Section 34090 and Resolution No. 01-91 permit destruction
of records which meet certain criteria with the approval of the City Council by
resolution and the written consent of the City Attorney.
Motion: Adopt Resolution No. 10-17 authorizing the destruction of police records
no longer required in possession of the Tustin Police Department.
RESOLUTION NO. 10-17
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 TUSTIN POLICE DEPARTMENT THAT ARE NO
LONGER REQUIRED FOR TUSTIN POLICE DEPARTMENT
BUSINESS PURSUANT TO GOVERNMENT CODE SECTION
34090 AND THE CITY OF TUSTIN'S RECORDS RETENTION
SCHEDULE
10. AGREEMENT FOR SALES, USE AND TRANSACTIONS TAX AUDIT AND
INFORMATION SERVICES
Approve the agreement with Hinderliter, De Llamas and Associates (HDL) for
sales, use and transactions tax audit and information services and adopt
Resolution No. 10-25 authorizing examination of sales, use and transaction tax
records.
Motion: That the City Council:
1. Adopt Resolution No. 10-25 authorizing examination of sales, use and
transaction tax records by HDL;
2. Approve agreement with HDL for sales, use and transactions tax audit
and information services.
RESOLUTION NO. 10-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING EXAMINATION OF
SALES, USE AND TRANSACTIONS TAX RECORDS
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring
discussion. (Agenda Items 11 through 12)
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 9 of 12
11. ORDINANCE NO. 1363 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE
SUBSECTION 5331 n REGARDING DESIGNATION OF ZONES FOR
PARKING BY PERMIT ONLY
A resident of Sandfield Place has made a written request to the Public Works
Department for a Preferential Permit Parking Zone along Sandfield Place from
Browning Avenue to Fernbrook Drive. Pursuant to the adopted Policy and
Procedures for Preferential Permit Parking on Public Streets, a parking
analysis/evaluation was conducted by the Department and is being carried
forward to City Council for determination. Ultimately, the City Council may, at its
sole discretion, review and approve or deny any application for Preferential
Permit Parking in the interest of community benefit or public safety.
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to have second reading by title only and adoption of Ordinance No.
1363 (roll call vote).
ORDINANCE NO. 1363
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE
SUBSECTION 5331n REGARDING DESIGNATION OF ZONES
FOR PARKING BY PERMIT ONLY
Motion carried 5-0.
12. LEGISLATIVE REPORTS
1. OPPOSITION OF SB 518
In June, 2009, the City Council sent a letter to State Senators Alan S.
Lowenthal and Loni Hancock, opposing State Senate Bill (SB) 518. SB
518 was amended further in January, 2010, incorporating changes to the
requirements and programs it mandates. SB 518 would implement
various thresholds that cities and/or counties would be required to meet
in order to be eligible for consideration for various loans and grants for
transportation related projects. In addition, SB 518 would require parking
costs to be listed as a separate line item when a city or county enters
into a lease on real property. This would ensure the actual cost of
parking is fully covered. A violation of these provisions would be a crime,
therefore this bill would impose a state-mandated local program:
Attached is a draft letter expressing opposition of this bill due to the
potential of taking the ability to set parking requirements away from local
cities, the potential fiscal impact, and the imposition of another state-
mandated local program.
Motion: It was moved by Councilmember Davert and seconded by Mayor
Pro Tem Nielsen to direct staff to transmit the attached letter of
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 10 of 12
opposition to the authors of the legislation and to the Governor if the bill
is passed by the legislature.
Motion carried 5-0.
2. ADOPTION OF RESOLUTION NO. 10-24 SUPPORTING THE LOCAL
TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION
PROTECTION ACT OF 2010
In an effort to protect locally designated taxpayer funds, a coalition of
local government transportation and transit advocates recently filed a
constitutional amendment with the California Attorney General called the
Local Taxpayer Public Safety and Transportation Protection Act of 2010
for potential placement on California November 2010 statewide ballot.
Motion: It was moved by Councilmember Davert and seconded by Mayor
Pro Tem Nielsen to adopt Resolution 10-24 and authorize the listing of
the City of Tustin in support of this ballot initiative.
RESOLUTION NO. 10-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, IN SUPPORT OF THE LOCAL
TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION
PROTECTION ACT OF 2010
Motion carried 5-0.
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Davert:
• Reported Orange County Fire Authority has appointed an ad hoc committee to review
budget reduction, line item by line item, in anticipation of future shortfalls
• Attended OCFA Best and Bravest celebration recognizing outstanding services to
people of Orange County
• Reported the Orange County Sanitation District has initiated organizational changes
creating new efficiencies and saving $3M in current budget
• Mentioned the impact the Orange County Division is making in the state League of
California Cities on various issues
• Informed that Citrus Ranch Park will be open to the public on February 27, 2010
• Attended the Mayor's Inaugural dinner which was very successful and raised money
for the Tustin Community Foundation
• Attended Dane Nielsen's court of honor for Eagle Scout and congratulated Dane
Nielsen and family
• Went on a police ridealong
• Announced that Girl Scout cookies will be here next week
• Referred to Councilmember Gavello's newsletter and to inaccuracies regarding the
City's budget and claims made in the newsletter
City Council/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 11 of 12
Councilmember Gavello:
• Requested that discussion regarding council presentations be agendized
Councilmember Palmer
• Reported that County library board meetings have been postponed three times
while reviewing a consultant report defining future income and expense programs
• Shared that 20% of volume of use in the Orange County library system is coming
from the Tustin library which is exceeding the City's expectations
• Discussed opportunities for reducing paper usage -Mayor Amante suggested City
Manager prepare a report on what is being done and that Councilmembers Palmer
and Davert work together on options.
Mayor Pro Tem Nielsen
• Reported on the Water Advisory Committee of Orange and discussed AB 1594
regarding alternative conveyance systems for water and SB 918 regarding water
quality for potable water use
• Reported that Tony Cardenas spoke regarding the budget deficit in Sacramento
• Mentioned that the State wants to permanently take away redevelopment dollars
• Spoke about the Bureau of Reclamation presentation and on services they provide
• Attended Mayor's Inaugural Dinner and participated in roasting the mayor
• Participated in his son's Eagle Scout court of honor and is very proud of him
• Referred to criticism in numerous meetings by Councilmember Gavello regarding
City Treasurer George Jeffries and the City's investments which include LAIF,
Orange County investment pool, bonds, and others. Voiced concern that she has
not mentioned her experience in the banking industry and has not disclosed that
her company is a consultant to many of the programs she suggests and believes
this is a definite conflict of interest. Believes that she should recuse herself from
any further conversation regarding specific investments
Mayor Amante
• Thanked the Tustin Community Foundation for its hard work on the Mayor's
Inaugural dinner for benefit of charity
• Congratulated Dane Nielsen for attaining Eagle Scout
• Mentioned the grand opening of Citrus Ranch Park on February 27
• Shared the efforts by the Orange County Division of the League of California Cities
which is now represented by 43 policy officials; applauded Kristi Recchia on her
efforts on the Employee Relations Committee
• Regarding Councilmember Gavello's comments regarding presentations, shared
that both organizations she referred to have been contacted and will be giving
presentations at future council meetings
• Commented on Councilmember Gavello's newsletter and false statements
contained in it
ADJOURNED - at 7:59. Then next meeting is scheduled for Tuesday, March 2, 2010 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/Redevelopment Agency/ February 16, 2010
Tustin Public Financing Authority Minutes Page 12 of 12