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Home My WebLink About00 CC AGENDA 07-03-07 CITY OF TUSTIN JULY 3, 2007 COUNCIL CHAMBER REGULAR MEETING OF THE CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem William A. Huston, City Manager Doug Davert, Councilmember Douglas Holland, City Attorney Tony Kawashima, Councilmember Lou Bone, Mayor Pamela Stoker, City Clerk Jim Palmer, Councilmember George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the July 3, 2007 meeting of the City Council. (Agenda Items A thru C) CALL TO ORDER PUBLIC INPUT – Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (b) – 2 Cases B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION pursuant to Government Code Section 54956.9 (c) – 2 Cases C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Kristi Recchia, Director of Human Resources and Linda Jenson Employee Organization: Tustin Police Officers Association (TPOA) PUBLIC MEETING 7:00 p.m. City Council Meeting July 3, 2007 Agenda Page 1 of 6 CALL TO ORDER INVOCATION, PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE – Tustin American Legion ROLL CALL – City Clerk CLOSED SESSION REPORT – City Attorney PRESENTATION - KB Homes FIRST PUBLIC INPUT - At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. PUBLIC HEARING ITEMS A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use or fees. (Agenda Items 1 thru 3) 1. PUBLIC HEALTH GOALS (PHGs) 2004-2006 REPORT Provisions of the California Health and Safety Code specify that California water utility systems periodically prepare a report and conduct a public hearing if contaminants are detected above the public health goals (PHGs) adopted by the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) or above the maximum contaminant level goals (MCLGs) adopted by the United States Environmental Protection Agency (USEPA). For the reporting period 2004- 2006, Tustin's water system exceeded the PHGs for lead, copper and coliforms, but was below the EPA's action level of the mandatory MCL. Overall, the City is in compliance with all regulatory water quality standards. Recommendations: 1.a. Conduct a public hearing to accept and respond to public comments on the 2004-2006 Public Health Goals Report; and 1.b. At the conclusion of the public hearing, approve the 2004-2006 Public Health Goals Report. City Council Meeting July 3, 2007 Agenda Page 2 of 6 2. 2007 ALCOHOLIC BEVERAGE CONTROL GRANT The Department of Alcoholic Beverage Control (ABC) advertised a total of $3 million in state grant money for local law enforcement agencies throughout California. In the grant announcement. ABC intended to award 35-40 individual grants of up to $125,000 for Fiscal Year 2007-08. The purpose of the grants was to enable the selected agencies to expand their efforts in addressing alcohol-related problems through a comprehensive ABC program encompassing a wide range of strategies. The Tustin Police Department was awarded one of the grants in the amount of $43,200. The money will be used primarily for officer overtime to meet the basic goals outlined in the grant application. Recommendations: 2.a. Open and close a Public Hearing; 2.b. Authorize usage of the funds as recommended by the Police Department; and 2.c. Authorize reimbursement from the Department of Alcoholic Beverage Control (ABC) to the City of Tustin for the investigation of alcohol- related crimes, and authorize the Chief of Police to sign any grant related paperwork on behalf of the City. 3. AMENDING MUNICIPAL CODE PROVISIONS ADOPTING COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE TO CLEAN UP OUT- DATED AND INCORRECT REFERENCES Pursuant to the City’s agreement with the County of Orange for enforcement of animal control regulations in the City, the City Council previously adopted the provisions in Titles 4 and 5 of the County Code concerning animal control and licensing by reference into the City’s Municipal Code. Since the City last went through this statutory incorporation by reference process in 1980, Titles 4 and 5 of the County Code have been amended and reorganized. City Clerk published notice according to law - June 14 and 21, 2007 in the Tustin News. Recommendations: 3.a. Open and close a Public Hearing; 3.b. Have second reading by title only and adoption of Ordinance No. 1340 (roll call vote) or action as necessary. City Council Meeting July 3, 2007 Agenda Page 3 of 6 ORDINANCE N0. 1340 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING CHAPTER 2 OF TITLE 4 OF THE TUSTIN MUNICIPAL CODE PERTAINING TO ANIMALS AND FOWL CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a “Request to Speak” form with the City Clerk. (Agenda Items 4 through 10) 4. APPROVAL OF MINUTES – SPECIAL MEETING OF JUNE 12, 2007 AND REGULAR MEETING OF JUNE 19, 2007 Recommendation: Approve the Minutes of the Special Regular City Council Meetings held June 12 and 19 respectively. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $3,365,962.29 and $3,577.43; and Payroll in the amount of $631,643.99. 6. CONSIDERATION OF CLAIM OF CHRIS TERRANOVA, CLAIM NO. 07-16 The Claimant reported he was driving past a construction site in Tustin when a truck pulling out of the site dropped or kicked up some rocks which then hit the windshield of the Claimant's car. An estimate of the cost to replace the cracked windshield was submitted in the amount of $1,121.00. Recommendation: Deny Claim Number 07-16, Chris Terranova, and direct Staff to send notice thereof to the Claimant. 7. CONSIDERATION OF CLAIM OF JOE WILLIE TURNER, JR., CLAIM NO. 07-18 The Claimant reported that he turned in three weapons (firearms) for safekeeping purposes to the Tustin Police Department. He was informed that a State Justice Department release was needed to re-claim the weapons and stated he sent in the forms and fees on time but the processing took over a year. After he received his eligibility, he found the firearms had been destroyed and he is asking to be reimbursed $2,775.00 for the loss of his property. City Council Meeting July 3, 2007 Agenda Page 4 of 6 Recommendation: Deny Claim Number 07-18, Joe Willie Turner, Jr., and direct Staff to send notice thereof to the Claimant's attorney. 8. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE Recommendation: Consistent with League bylaws, appoint Jerry Amante as Voting Delegate and Lou Bone as Alternate for the League of California Cities' Annual Business Meeting scheduled for Saturday, September 8, 2007. 9. TUSTIN POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM OF UNDERSTANDING (JULY 1, 2007 THROUGH JUNE 30, 2009) Adoption of the attached Resolution and Memorandum of Understanding will authorize salary and benefit adjustments, pursuant to previous Council direction, for employees within the Tustin Police Support Services Association (TPSSA) bargaining unit. Recommendation: Adopt resolution. RESOLUTION NO. 07-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT 10. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OWNED AND LEASED AREAS AT TUSTIN LEGACY WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. Approval of the second contract amendment with SpectrumCare Landscape & Irrigation Management, Inc. is requested to provide for landscape maintenance services on the remaining City owned and leased parcels at Tustin Legacy which are located outside of the Master Developer's footprint. Recommendation: Approve the Second Amendment to the Agreement between SpectrumCare Landscape & Irrigation Management, Inc. and the City of Tustin for landscape maintenance services for City owned and leased properties at Tustin Legacy, subject to final City Attorney approval. City Council Meeting July 3, 2007 Agenda Page 5 of 6 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 and 12) 11. ADOPT ORDINANCE NO. 1339 - FORMING COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER) Recommendation: Have second reading by title only and adoption of Ordinance No. 1339 (roll call vote) or action as necessary. ORDINANCE NO. 1339 - AN ORDINANCE OF THE CITY OF TUSTIN LEVYING SPECIAL TAXES WITHIN CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 07-1 (TUSTIN LEGACY/RETAIL CENTER) 12. CITY COUNCIL – LEGISLATIVE REPORTS Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT - At this time, any member of the public may address the City Council on non-agenda items, within the jurisdiction of the City Council. OTHER BUSINESS AND COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for Tuesday, July 17, 2007 in the Council Chamber, 300 Centennial Way, Tustin, California Adjourn in Memory of former La Habra City Manager Brad C. Bridenbecker City Council Meeting July 3, 2007 Agenda Page 6 of 6