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Home My WebLink About03 MINUTES 12-06-04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA NOVEMBER 15, 2004 Agenda Item 3 Reviewed: JØl City Manager Finance Director ~ CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others Present: PUBLIC INPUT - None Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Councilmembers Doug Davert, Tracy Worley Hagen, and Jeffery M. Thomas None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney CLOSED SESSION ITEM CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 subdivisions (b)(2)(A) and (b)(2)(C) to confer with the City Attorney about significant exposure to litigation against the City (two cases) A. PUBLIC MEETING CALL TO ORDER - 7:02 P.M. Mayor Kawashima requested that Council member Thomas be designated Mayor for a Day as a symbol of Council's appreciation for his dedicated service over the past 12 years. ROLL CALL Present: Absent: City Clerk: Others Present: Honorary Mayor Jeffery M. Thomas, Mayor Tony Kawashima, Mayor Pro Tem Lou Bone, Council members Doug Davert and Tracy Worley Hagen None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney INVOCATION - Mayor Pro Tem Bone PLEDGE OF ALLEGIANCE - Councilmember Davert City Council Meeting Minutes November 15, 2004 Page 1016 CLOSED SESSION REPORT - Nothing to report. PROCLAMATION Ginny Hovland for invaluable service on the Parks and Recreation Commission PRESENTATIONS Judge Douglas Hatchimonji presentation on Grand Jury Service Orange County Transportation Authority Director Carolyn Cavecche check presentation for Measure M funds FIRST PUBLIC INPUT - None PUBLIC HEARING 1. SUPPLEMENTAL LAW ENFORCEMENT SERVICE GRANT FUNDS (SLESF) In 1996, California Assembly Bills 3229 established the Citizen's Option for Public Safety/Supplemental Law Enforcement Services Fund (COPS/SLESF) grant program. Proceeds from the grant program must 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. A public hearing is required for the acceptance and allocation of Supplemental Law Enforcement grant funds. The Police Department is proposing that $69,765.00 of the $107,330.00 be used to purchase new digital In-Unit Camera Systems and the remainder $37,565.00 to partially fund the City's Gang Unit. Legal Notice published in the Tustin News on October 28, 2004 Public hearing opened at 7:25 p.m. There were no speakers on the subject and the public hearing was closed at 7:25 p.m. Motion: 1.a. Open and close a Public Hearing; 1.b. Accept $107,330.00 in COPS/SLESF grant funds and appropriate same to front- line law enforcement fund; 1.c. Authorize partial allocation in the amount of $69,765.00 to purchase new digital In-Unit Camera Systems; and 1.d. Authorize the remainder funds of $37,565.00 to be used to partially fund the City's Gang Unit, also assigned to the Police Department. City Council Meeting Minutes November 15, 2004 Page 2016 It was moved by Councilmember Hagen, seconded by Mayor Kawashima, to approve Agenda Item 1 as recommended by staff. Motion carried 5-0. CONSENT CALENDAR - It was moved by Councilmember Hagen, seconded by Councilmember Davert, to approve Consent Calendar items 2 through 8 as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF NOVEMBER 1, 2004 Motion: Approve the Special and Regular City Council Meeting Minutes of November 1, 2004. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $1,013,893.69 and $2,361,077.33 and reversals in the amount of $1 ,714.21 and ratify payroll in the amount of $486,249.68 4. APPROVAL OF AN AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES WITH SOUTHERN CALIFORNIA EDISON COMPANY IN CONJUNCTION WITH THE NEWPORT AVENUE EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) Motion: Approve the Agreement for replacement of overhead with underground electrical facilities with Southern California Edison Company, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. 5. CAPITAL PURCHASE/BIDDING EXCEPTION FOR PURCHASE OF TWO ALTERNATIVE FUEL (PROPANE) STREET SWEEPERS Motion: 5.a. Approve an exception to the City's Purchasing Policy and Regulations in accordance with Section 1624 of the Purchasing Rules and Regulations; and 5.b. Award the purchase of two alternative fuel street sweepers to Haaker Equipment Company for a total cost of $380,771.26 6. AUTHORIZATION FOR THE STATE TO PURCHASE ONE JOHN DEERE RIDING REEL MOWER Motion: Adopt resolution. RESOLUTION NO. 04-91 A resolution of the City Council of the City of Tustin, California authorizing the Department of General Services of the State of California to purchase certain items City Council Meeting Minutes November 15, 2004 Page 3 of 6 7. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR RAWLINGS RESERVOIR REPAIR AND REPLACEMENT (CIP NO. 6136) Motion: l.a. Approve a transfer of funds from CIP No. 6155 to CIP No. 6136 in the amount of $62,000.00; and l.b. Approve the Consultant Services Agreement with Tetra Tech Inc. for engineering design services for the Rawling Reservoir Repair and Replacement Project (CIP No. 6136) and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City, subject to approval by the City Attorney. 8. CANINE SALES AGREEMENT Motion: Approve the Sales Agreement between the City of Tustin and Officer Mark Turner releasing the City of responsibility and/or liability concerning Police canine, Basco. BUSINESS CALENDAR 9. POTENTIAL ANNEXATION OF A 24-ACRE UNINCORPORATED ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE Councilmember Davert commented on annexation process. Motion: It was moved by Mayor Pro Tem Bone, seconded by Councilmember Davert to receive and file. Council discussion ensued. Councilmember Hagen indicated support of annexation or acceptance of a neutral position. Mayor Pro Tem Bone commented that the City of Santa Ana was also discussing matter at their Council meeting this evening. Councilmember Davert suggested motion to remain neutral. Amended Motion: It was moved by Councilmember Davert, seconded by Councilmember Hagen, to take neutral position. Motion carried 5-0. 10. MISS TUSTIN SCHOLARSHIP PAGEANT The Miss Tustin Pageant Committee is requesting community support contributions. Cherrill Cady, addressed the council regarding the pageant and request for monetary support from City. City Councii Meeting Minutes November 15, 2004 Page 4 of 6 Lauren E. Cunningham, 2004 Miss Tustin, noted that pageant helps build self-esteem and earn scholarship money. Motion: It was moved by Mayor Kawashima, seconded by Councilmember Davert to donate $2,500. Motion carried 3-1-1, Mayor Pro Tem Bone opposed and Councilmember Hagen abstained. 11. TUSTIN COMMUNITY FACILITIES DISTRICT NO. 04-1 - AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13 MILLION AGGREGATE PRINCIPAL AMOUNT OF SPECIAL TAX BONDS Motion: 11.a. Adopt resolution; and RESOLUTION NO. 04-92 - A Resolution of the City Council of the City of Tustin, California authorizing the issuance of not to exceed $13,000,000 aggregate principal amount of City of Tustin Community Facilities District No. 04-1 (Tustin Legacy/John Laing Homes) Special Tax Bonds, Series 2004, approving the execution and delivery of an Indenture, an Acquisition and Funding Agreement, a Bond Purchase Agreement and a Continuing Disclosure Agreement and the preparation of an Official Statement, and other matters related thereto 11.b. Authorizing the Mayor, City Manager, City Attorney and the Finance Director to execute the Indenture between the District and US Bank as Trustee, an Acquisition and Funding Agreement between the District and WL Homes LLC, a Bond Purchase Agreement between the District and CitiGroup Global Markets, Inc., a Continuing Disclosure Agreement between the District and US Bank as Trustee and US Bank as Dissemination Agent, the preparation of an Official Statement, and other matters related to the District and bond issue. It was moved by Councilmember Hagen, seconded by Mayor Kawashima, to approve Agenda Item 11 as recommended by staff. Motion carried 5-0. 12. CERTIFICATION OF SUPPLEMENT NO.1 TO THE FINAL EIS/EIR FOR THE DISPOSAL AND REUSE OF THE MARINE CORPS AIR STATION - TUSTIN AND APPROVAL OF THE PROJECT ENTITLED EXTENSION OF TUSTIN RANCH ROAD BETWEEN WALNUT AVENUE AND THE FUTURE ALIGNMENT OF VALENCIA NORTH LOOP ROAD (THE "PROJECT") (CIP NO. 7100) Motion: It was moved by Councilmember Davert, seconded by Councilmember Hagen, to continue consideration of item to the December 6, 2004 Council Meeting. Motion carried 5-0. SECOND PUBLIC INPUT - None City Council Meeting Minutes November 15, 2004 Page 5 of 6 OTHER BUSINESS / COMMITTEE REPORTS Council member Davert: Over $100,000 raised at Dino Dash event held last weekend; great success; Reported that along with Mayor Kawashima met with Supervisor Campbell to discuss MCAS Tustin base; Reminded everyone Tustin High School Orchestra was having a fund raiser at Zmario Restaurant tomorrow night; Requested that City Attorney provide update on new proposition regarding Public Records Act; and Best wishes to Councilmember Thomas. Mayor Kawashima: Echoed Dino Dash success; Reported he would be lobbying in Sacramento to receive funds for renovation of Library; Welcomed Jerry Amante to the Council; and Thanked Council member Thomas for 12 years of service. Council member Hagen: Reported that she lobbied last week in Sacramento for Library expansion funds; and hoped to receive funds on November 30th. Mayor Pro Tem Bone: Thanked Councilmember Thomas for service on Council; Thanked voters and staff for support and passage of Proposition 1 A; Congratulated Mayor Kawashima on re-election and Jerry Amante for election to Council; Commented on election results and passage of bonds that would cost the State over $1 Billion; Congratulated veterans for participation in 4th Annual Veterans Day Parade over the weekend; and Reported that he would be running for a seat on the Orange County Transportation Authority. Honorary Mayor Thomas: Thanked Council for comments; Commented on Veteran's Day event; Provided update on his health and asked men to get regular checkups; and Thanked residents of Tustin for 12 years of their confidence and support and looked forward to next Council meeting which would be his last as Councilmember. ADJOURNMENT - 7:48 P.M. The next regular meeting of the City Council was scheduled for Monday, December 6, 2004, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Minutes November 15, 2004 Page 6 of 6