HomeMy WebLinkAboutCC Minutes 2010-04-06MINUTES
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
APRIL 6, 2010
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2233 at 5:30 p.m.
ATTENDANCE
Present: Mayor /Chair Jerry Amante, Mayor Pro Tem /Chair Pro Tern John
Nielsen, and Councilmembers /Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William 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. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] — Two Cases
B. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
[Govt. Code § 54956.9(c)] — One Case
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
[Government Code Section 54956.9(a)] One Case — Marble Mountain Partners,
LLC v. City of Tustin et al., Orange County Superior Court Case No. 30 -2008-
.00116681
D. CONFERENCE WITH LABOR NEGOTIATOR [Government Code Section
54957.6]
Agency Negotiators: Kristi Recchia, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
City Council /Redevelopment Agency April 6, 2010
Action Agenda Page 1 of 9
Employee
Organization:
Tustin Municipal Employees Association (TMEA)
Employee
Organization:
Tustin Police Officers Association (TPOA)
Employee
Organization:
Tustin Police Support Service Association (TPSSA)
Employee
Organization:
Tustin Police Management Association (TPMA)
Employee
Organization:
Part-Time Unrepresented Employees
Employee
Organization:
Unclassified Confidential Employees
Employee
Organization:
Management and Supervisory
Employee
Organization:
Executive Management
RECESSED — At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED — At 7:04 p.m. City Council reconvened in public session with same
members present.
JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY
MEETING
CALL TO ORDER — Meeting #2233 at 7:04 p.m.
INVOCATION —American Legion
COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE — American Legion
ROLL CALL — City Clerk Stoker
Present: Mayor /Chair Jerry Amante, Mayor Pro Tem /Chair Pro Tern John
Nielsen, and Councilmembers /Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT — City Attorney Holland
Council gave direction to its negotiators in regard to labor negotiations. Otherwise, no
reportable action.
PRESENTATIONS
• National Days of Remembrance video
• CR &R (Trish Throop)
City Council /Redevelopment Agency April 6, 2010
Action Agenda Page 2 of 9
• Certificate of Recognition to Clara Honea, Seventieth Assembly District's Woman of
the Year
• Proclamation for Janice Hall, former Community Services Commissioner
• MOMS of Orange County (Pamela Pimentel, RN & CEO) -
ORAL COMMUNICATION / PUBLIC INPUT —
• Al Murray, Planning Commission Chair, gave an update on the Orange County
Vector Control District. In its closed session discussed the district manager's
performance whose services will be terminated and an interim manager is now
being utilized.
• Jeff Thompson, Planning Commission Chair Pro Tem, spoke regarding the OCTA
Citizens Advisory Board, OCTA's long -range transportation plan and compliance
with greenhouse gas legislation; also discussed 1-405 policy matters re widening
and funding shortfalls; Anaheim Regional Transportation Intermodal Center update
and benefits to county.
CONSENT CALENDAR — It was moved by Councilmember Davert and seconded by
Councilmember Palmer to pull consent calendar items 5, 6, 8, and 10 and to approve the
balance of the consent calendar items as recommended by staff.
Motion carried 5 -0.
APPROVAL OF MINUTES — REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON MARCH 16, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on March 16, 2010.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $4,805,921.61,
$920,094.58, $122,966.81, $5,099.88, $541,250.70 and $7,000.00 and Payroll
in the amount of $671,973.14.
3. CONSIDERATION OF CLAIM OF FRED SALIBA, CLAIM NO. 09 -32
The Claimant alleges that he has filed two police reports regarding threatening
and harassing phone calls he has received from several acquaintances. The
Tustin Police investigated the cases, but no arrests were made. Claimant is
seeking restitution in the amount of $150,000 for what he believes to be a lack
of response and violation of his civil rights by the Tustin Police.
Recommendation: That the City Council deny Claim Number 09 -32, Fred
Saliba, and direct Staff to send notice thereof to the Claimant.
4. CONSIDERATION OF APPLICATION FOR LEAVE TO PRESENT LATE
CLAIM OFALLIANCE UNITED INSURANCEMULIO C. CHAVEZ, CLAIM NO.
City Council /Redevelopment Agency April 6, 2010
Action Agenda Page 3 of 9
l
10 -01
The Claimant submitted a claim to the City on February 5, 2010 for auto
property damage that occurred on June 12, 2009. On June 12, 2009 a City
employee was involved in an auto accident that resulted in damage to the
vehicle of Julio C. Chavez (insured by Alliance United Insurance). The original
claim submitted on February 5, 2010 was presented beyond the applicable six -
month statute of limitations, and as such was returned to the claimant as
untimely. The claimant has now filed an application for leave to present late
claim.
Recommendation: That the City Council deny the Application for Leave to
Present Late Claim Number 10 -01, Alliance United Insurance /Julio C. Chavez,
and direct Staff to send notice thereof to the Claimant.
AGREEMENT FOR UTILITY COLLECTION SERVICES
With the current economic situation, the City is experiencing a greater
percentage of unpaid closed water accounts. Staff proposes contracting with
Online Information Services Inc. (Online) to provide collection services for
unpaid water accounts.
Motion: It was moved by Mayor Pro Tern Nielsen and seconded by
Councilmember Davert to approve the Online agreement for Utility Collection
Services.
Motion carried 5 -0.
PROMISSORY NOTE BETWEEN THE WATER ENTERPRISE FUND AND
THE CAPITAL PROJECT FUND
Authorize the Capital Project Fund purchase of a Promissory Note issued by the
Water Enterprise Fund (Water Enterprise) to meet the 2003 Refunding Water
Revenue Bonds rate covenant.
Recommendation: That the City Council adopt Resolution No. 10 -31 that (1)
authorizes the Capital Project Fund purchase of a promissory note in the
principal amount of $2,123,437 ( "Promissory Note "); and (2) authorizes the
execution of the Promissory Note by the Water Enterprise Fund (Water
Enterprise) to meet the bond rate covenant.
RESOLUTION NO. 10 -31
A RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE CAPITAL PROJECT FUND'S INVESTMENT IN
A PROMISSORY NOTE OF THE TUSTIN WATER ENTERPRISE
FUND AND AUTHORIZING THE EXECUTION OF THE
PROMISSORY NOTE BY THE WATER ENTERPRISE FUND
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
City Council /Redevelopment Agency April 6, 2010
Action Agenda Page 4 of 9
7.
"I
a
Tern Nielsen to approve the recommendation.
Motion carried 4 -1 (Gavello dissenting)
POLICE DEPARTMENT'S CONTINUED PARTICIPATION IN THE ORANGE
COUNTY AUTO THEFT TASK FORCE
The current Memorandum of Agreement
governmental agencies forming the Orange
(OCATT) expired in January 2010. The new
Police Department's continued participation in
be for an eight -year period, as set forth in
9250.14 as amended by Assembly Bill 286.
police officer assigned to the program.
Recommendation: That the City Council:
(MOA) amongst the various
County Auto Theft Task Force
MOA is necessary to grant the
the program. The new MOA will
California Vehicle Code section
The Police Department has one
• Approve the Police Department's continued participation in the Orange
County Auto Theft Task Force (OCATT).
• Authorize the Chief of Police to sign the Memorandum of Agreement
(MOA) and all related documents.
AGREEMENT BETWEEN THE CITY OF TUSTIN AND PB &J AUTOMOTIVE,
INC. ( "TUSTIN MAZDA ")
Approval is requested to enter into an Auto Dealership Agreement with PB &J
Automotive, Inc. (Tustin Mazda) for rehabilitation improvements on property
located at 28 Auto Center Drive, formerly occupied by Heritage Lincoln Mercury.
The funding source for reimbursing these improvements will come from future
excess sales tax revenues generated by Tustin Mazda.
Recommendation: Authorize the City Manager and /or Assistant City Manager
to execute the Auto Dealership Agreement between the City of Tustin and PB &J
Automotive, Inc. (Tustin Mazda).
It was moved by Councilmember Davert and seconded by Mayor Pro Tern
Nielsen to continue the item to a future unspecified date.
Motion carried 5 -0.
ACCEPT THE TUSTIN LIBRARY EXPANSION PROJECT (CIP 1045) AND
FILE A NOTICE OF COMPLETION
Construction of the Tustin Library Project (CIP No. 1045) has been completed to
the satisfaction of the City Engineer and is now ready for City Council
acceptance.
Recommendation: That City Council take the following actions:
1. Adopt Resolution No. 10 -21 accepting the construction of the Tustin Library
City Council /Redevelopment Agency April 6, 2010
Action Agenda Page 5 of 9
Project (CIP No. 1045); and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the County Recorder's Office.
RESOLUTION NO. 10 -21
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 CONSTRUCTION OF THE TUSTIN LIBRARY
PROJECT (CIP NO. 1045)
10. APPROVE AMENDMENT NO. 1 TO THE CONTRACT FOR SOLID WASTE
SERVICES BETWEEN THE CITY AND CR &R, INC.
CR &R, Inc. has requested that it be relieved of contract requirements to
establish a local buyback center and to maintain a local office. In exchange,
CR &R is offering to provide free Household Hazardous Waste collection
services, distribute free yard mulch to residents and assume responsibility for
mailing legal notices for annual solid waste rate adjustments. Staff is
recommending that the City Council approve the contract amendment and
authorize the Mayor and City Clerk to execute the amendment.
Recommendation: That the City Council approve Amendment No. 1 to the solid
waste contract between the City and CR &R, Inc. and authorize the Mayor and
City Clerk to execute on behalf of the City.
Dean Ruffridge, CR &R, responded to questions by Councilmember Gavello
regarding maintenance of recycling machines in front of grocery stores and
explained that CR &R does not control the machines and that grocery stores in
California with a gross income over a million dollars are mandated to have
recycling machines.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Gavello to approve the recommendation
Motion carried 5 -0.
11. ACCEPT THE TUSTIN SENIOR CENTER ROOF HVAC UNIT REPLACEMENT
(CIP NO. 1032) AND FILE A NOTICE OF COMPLETION
Construction of the Tustin Senior Center Roof HVAC Unit Replacement (CIP
No. 1032) has been completed to the satisfaction of the City Engineer and is
now ready for City Council acceptance.
Recommendation: That City Council take the following actions:
1. Adopt Resolution No. 10 -29 accepting the construction of the Tustin Senior
Center Roof HVAC Unit Replacement (CIP No. 1032); and
2. Authorize the City Engineer to execute and file the Notice of Completion with
the County Recorder's Office.
City Council /Redevelopment Agency April 6, 2010
Action Agenda Page 6 of 9
RESOLUTION NO. 10 -29
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 CONSTRUCTION THE
TUSTIN SENIOR CENTER HVAC UNIT REPLACEMENT (CIP
NO. 1032)
12. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION
SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM
Each year the City Council authorizes the use of the City's annual disbursement
of Assembly Bill (AB) 2766 funds to offset costs for state mandated vehicle
emission reduction programs implemented by the City of Tustin. This year the
City Council is being requested to allocate the Fiscal Year (FY) 2009/2010 AB
2766 funds to fund a portion of the cost of an alternative fuel street sweeper.
Recommendation: That the City Council:
1. Authorize the use of City's AB 2766 disbursement to fund a portion of the
cost of an alternative fuel street sweeper;
2. Authorize the City Manager to approve
consistent with Air Quality Management
2009/2010 program year as needed;
3. Approve the supplemental appropriation
Replacement Fund (Fund 84); and
4. Approve the supplemental appropriation
Fund (Fund 03).
REGULAR BUSINESS ITEMS
additional AB 2766 expenditures,
District guidance, throughout the
of $176,000 from the Equipment
of $169,000 from the SCAQMD
13. SECOND READING OF ORDINANCE NO. 1367 — CODE AMENDMENT 10-
002, ZONING CODE UPDATE
Code Amendment 10 -002 (CA 10 -002) proposes the incorporation of minor
amendments to the Zoning Code (Article 9 Chapter 2) of the Tustin City Code
(TCC). Specifically, the Code Amendment meets the following objectives:
1. Incorporate use determinations into the Zoning Code that have been
previously determined by the Community Development Director and /or the
Planning Commission to be similar to other permitted uses or conditionally
permitted uses within various City zoning districts.
2. Provide accurate and updated information in the Zoning Code for both staff
and the public as to which uses are permitted or conditionally permitted and
the review process required for approval of such uses.
3. Integrate other minor amendments by clarifying and simplifying the Zoning
Code text including grammatical and spelling changes, updating
terminology, alphabetizing lists, and incorporating legal updates.
City Council /Redevelopment Agency April 6, 2010
Action Agenda Page 7 of 9
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tern Nielsen to have second reading by title only and adoption of Ordinance No.
1367 (roll call vote).
ORDINANCE N0. 1367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING ORDINANCE NO. 1367 (CODE
AMENDMENT 10 -002) TO AMEND ARTICLE 9 CHAPTER 2 OF THE
TUSTIN CITY CODE TO INCORPORATE USES AND MINOR
AMENDMENTS TO THE ZONING CODE
Motion carried 5 -0.
14. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
None.
OTHER BUSINESS /COMMITTEE REPORTS — City Manager, City Attorney, City Council
Councilmember Davert:
• Reported that the Orange County Fire Authority has reduced its budget an
additional $3.3 million without increasing response times or decreasing level of
service by consensus of labor, management and Board
• Reported that as Chair of the Orange County Sanitation District, he went to
Washington, D.C. and met with various Congressional representatives regarding
funding needs
• Congratulated the Community Services Commission and staff for another fun and
successful Easter Egg Hunt
Councilmember Gavello:
• Congratulated daughter Natalie for being accepted at USC, UCLA and Berkeley
• Hoped all had a good Passover
Councilmember Palmer:
• Reported that the Library Advisory Board has made appointments and he will be
serving on the Executive Committee, Finance and Revenue Committee, Services
and Operations Committee and Ad Hoc Allocation Task Force
• Attended a meeting for the Tustin Area Senior Center Fund — the fund continues to
do very well due to efforts of the seniors and has been successful in funding many
projects
• Shared that Tom Kelly passed away and that he and his family have a long history
in Tustin
Mayor Pro Tern Nielsen:
• Reported that as a member of the Community, Economic and Human Development
City CounciURedevelopment Agency April 6, 2010
Action Agenda Page 8 of 9
Committee of the Southern California Association of Governments (SCAG) is
looking at the technical methodology for sustainable strategies SB 375 and AB 32
integrating land use transportation among other things; will be submitting targets to
California Air Resources Board for final decision making for the region; concerned
that baseline demographic information does not include small business nor have
they looked at effect of the act on employment and housing choice losses after
implementation; voted for seat change to now include TCA
• Reported on Orange County Council of Governments including Center for
Demographic Research presentation regarding Orange County projections; beta
demo of 5 -1 -1 motors aid system operational shortly
• Reported on the Santa Ana Regional Flood Protection Agency
• Stated that it was reported at a WACO meeting that Orange County received more
than 5 inches of rain in February — 15.6 inches this year; water demand has
decreased; imported water costs will increase 9 -13 %January 1, 2011; year to date
2.7% water usage decrease for Tustin
• Performed swearing in for Community Services Commissioners Donna Marsh
Peery and Ken Henderson
• Attended the Tustin Community Foundation pancake breakfast and Easter Egg
Hunt
Mayor Amante:
• Attended the League State policy committees meeting Thursday to hear
presentations from CARB & Assemblymember Dan Logue on opposite sides of the
implementation of SB 3751AB 32 and possible suspension during the economic
downturn;
• Commented on governor and state Legislature's gas swap legislation which
passed;
• Toured with Secretary Bonner on March 18 regarding private /public partnerships
• Attended the Orange County GOP headquarters opening on March 27;
• Attended the Easter Egg Hunt and thanked staff, the Community Services
Commissioners and Erin Nielsen and the Tustin Community Foundation for a
fabulous job;
• Shared that Thomas Kelly was the patriarch of the Kelly family who own several
businesses in Old Town and whose son, John Kelly, served on the City Council.
ADJOURNMENT — At 8:41 p.m. The next meeting is scheduled for Tuesday, April 20,
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.
Adjourn Meeting in Memory of
Thomas Kelly
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uty council/Kedevelopment Agency April 6, 2010
Action Agenda Page 9 of 9