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HomeMy WebLinkAboutCC MINUTES 2007 07 03MINUTES OF THE REGULAR MEETING OFTHE CITYCOUNCIL TUSTIN, CALIFORNIA JULY 3, 2007 CALL TO ORDER-5:30 P.M. ATTENDANCE Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Maria R. Huizar, Chief Deputy Others Present: William A. Huston, City Manager and Doug Holland, City Attorney PUBLIC INPUT- None 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) RECESS - At 5:30 p.m. City Council recessed to closed session to discuss matters listed under Closed Session. RECONVENE - At 6:57 p.m. City Council reconvened in public session. City Council Meeting July 3, 2007 Minutes Page 1 of 8 PUBLIC MEETING CALL TO ORDER - 7:00 p.m. INVOCATION, PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE - Tustin American Legion ROLL CALL Present: Mayor Lou Bone; Mayor Pro Tem Jerry Amante; Councilmembers Doug Davert, Tony Kawashima, and Jim Palmer Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Managerand Doug Holland, City Attorney CLOSED SESSION REPORT- Nothing to report. PRESENTATION -Mike Gartlan and Judy Woolen of KB Home presented housing affordability report FIRST PUBLIC INPUT -Douglas DiGiore, President of the Cantada Homeowners Association reported that annual maintenance cost for eucalyptus trees is prohibitive and inquired if Association could deed back trees to City or use same tree maintenance agreement as City to lower cost. PUBLIC HEARINGS 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. Fred Adjarian, Water Services Manager presented staff report. The public hearing opened at 7:31 p.m. There were no public speakers and the hearing closed at 7:31 p.m. City Council Meeting July 3, 2007 Minutes Page 2 of 8 Motion: It was moved by Councilmember Davert, seconded by Councilmember Kawashima, to: 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. Motion carried 5-0. 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. The public hearing opened at 7:32 p.m. There were no public speakers and the hearing closed at 7:32 p.m. Mofion: It was moved by Councilmember Davert, seconded by Councilmember Palmer, to: 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. Motion carried 5-0. 3. AMENDING MUNICIPAL CODE PROVISIONS ADOPTING COUNTY ANIMAL CONTROL REGULATIONS BY REFERENCE TO CLEAN UP OUT- DATEDAND INCORRECT REFERENCES City Council Meeting July 3, 2007 Minutes Page 3 of 8 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. Joe Garcia, Police Captain and Jennifer Phillips, Director OC Animal Care Services presented staff report. Ms. Phillips presented services offered at Animal Shelter and proposed Barking Dog Program. Council discussion ensued. Council inquired as to implications of not adopting barking dog program. Ms. Philips indicated that it was either status quo or adopt provisions of program as proposed. City Attorney indicated that Council may adopt own rules and policies as they pertain to barking dogs, but need to be negotiated with County for those services. Council felt that intervention efforts are a plus, but need additional time to review program success before implementing in Tustin. Council requested that Animal Care Services return in 6 months with data collected and Council would review and consider program at that time. The public hearing opened at 8:03 p.m. There were no public speakers and the hearing closed at 8:03 p.m. Mofion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer, to re-introduce Ordinance No. 1340 without the "Barking Dog" provisions (City Attorney Holland clarified that Tustin City Code Section 4210(4) related to barking dogs will not be included in motion, and Orange County Board of Supervisors Ordinance No. 06-011 added two things -new definition of barking dog and barking dog violations and civil fines, motion would exclude Subarticle 1 of Article 2 of Division 1 of Title 4 and only adopt definition of barking dog); staff to return with proposal on Administrative Procedures consistent with attempt to intervene; return to Council in 6 months with data collected on barking dog program; and requested community outreach. Motion carried 5-0. CONSENT CALENDAR ITEMS - Councilmember Davert requested that item #7 be continued to the July 17th Council Meeting. .Councilmember Palmer pulled item #4 for separate consideration. It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to approve the balance items on the consent calendar. Motion carried 5-0. City Council Meeting July 3, 2007 Minutes Page 4 of 8 4. APPROVAL OF MINUTES -SPECIAL MEETING OF JUNE 12, 2007 AND REGULAR MEETING OF JUNE 19, 2007 Motion: It was moved by Councilmember Palmer, seconded by Councilmember Davert, to approve the Minutes of the Regular City Council Meeting held on June 19, 2007 and requested continuance of the Minutes from the Special City Council Meeting held June 12,2007 to include additional comments made by the City Council. Motion carried 5-0. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $3,365,962.29; $3,577.43; and $1,900,791.0; 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. Motion: 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. Motion: Continue consideration of item to the July 17, 2007 City Council meeting. 8. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE Motion: 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. City Council Meeting July 3, 2007 Minutes Page 5 of 8 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. Motion: 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. Motion: 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, subjectto final City Attorney approval. REGULAR BUSINESS ITEMS 11. ADOPT ORDINANCE N0. 1339 -FORMING COMMUNITY FACILITIES DISTRICT N0.07-1 (TUSTIN LEGACY/RETAIL CENTER) Motion: It was moved by Councilmember Davert, seconded by Mayor Pro Tem Amante, to have second reading by title only and adoption of Ordinance No. 1339 (roll call vote). 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) Motion carried 5-0. --- City Council Meeting July 3, 2007 Minutes Page 6 of 8 12. CITY COUNCIL-LEGISLATIVE REPORTS - SB375 (Steinberg). Transportation planning: travel demand models: preferred growth scenarios: environmental review. Mayor Pro Tem Amante indicated that proposed bill would not alleviate global warming and suggested that Council oppose said bill. Mofion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer, to oppose SB375 and agendized for formal action. Motion carried 5-0. - ACAS (Devore). Property taxation: Department of Transportation real property. Mayor Bone requested that this item be agendized for consideration. SECOND PUBLIC INPUT- None OTHER BUSINESS AND COMMITTEE REPORTS Councilmember Kawashima: • Tomorrow will be 231St Birthday of our Nation; Tustin Meadows will hold annual parade and City will have free fireworks display at Tustin High School; and • Reported that Senior Center will have extended hours during high heat days and will continue to do so the rest of the Summeron an as-needed basis. Councilmember Palmer: • Congratulated Marissa Charette and Board for Chamber of Commerce Gala success; • Congratulated winners of the ~ small and large businesses of the year -Doctor's Ambulance and FastFrame of Tustin, respectively; and • Reported that the City of San Clemente is setting up a-mail alert system and encouraged staff to look at feature for our new and improved web site in development. Councilmember Davert: • Echoed Councilmember Kawashima's remarks and wished all a happy Fourth of July; • Reported that President George Bush signed the confirmation of a unanimous Senate vote to appoint Councilmember Jim Palmer to the position of member of the Board of Directors of the Corporation for National and Community Service. Board advises the President on volunteerism and opportunities for community service across the country, primarily encompassing three major sections - SeniorCorp, AmeriCorp, and Learn and Serve America. Palmer will be key policy leader and is the only elected official that serves as a Presidential appointee. Mayor Pro Tem Amante: • Congratulated Councilmember Palmeron Presidential appointment; City Council Meeting July 3, 2007 Minutes Page 7 of 8 • Wished all a safe and fabulous Fourth of July; • Commented on presentation by KB Home -cost of affordable housing - OC Business Council magazine published report on county lagging on affordable workforce housing programs, but Tustin has focused on the problem and is on leading edge of providing housing; and • Reported that OCTA reviewed report prepared by SCAG on train pollution emission and recommend electrifying all rails. Mayor Bone: • As a member of Metrolink Board and LOSAN not aware of electric trains proposed by SCAG; • OCTA Committee on Quiet Zone, Tustin ready and willing to be first to implement program; • League of California Cities -Transportation, Communication and Public Works Committee heard presentation on AT&T, they may be changing policy direction; • State has not approved budget, has $1 billion shortfall and proposing to use Prop 1B funds to balance the State budget; • Concert in the Park in full swing, 4th of July fireworks show tomorrow evening and Tustin Meadows hosts parade at 10 a.m.; • Announced that Tustin does not allow fireworks or discharge of firearms, may be fined or jailed; and • Adjourn meeting in memory of Brad Bridenbecker. ADJOURNMENT - 8:34 p.m. -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 LOU BONE, Mayor PAMELA STOKER City Clerk City Council Meeting July 3, 2007 Minutes Page 8 of 8