Agenda Item 4 Reviewed City Manager MINUTES Finance Director NA OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN CALIFORNIA FEBRUARY 16 2010 CALL TO ORDER 430 pm ATTENDANCE Present Mayor Jerry Amante Mayor Pro Tem John Nielsen and Councilmembers Doug Davert Jim Palmer and Deborah Gavello Absent City Clerk Others Present None Patricia Estrella City Clerk Services Supervisor William Huston City Manager and Douglas Holland City Attorney PUBLIC INPUT None BUSINESS ITEM INTERVIEW AND APPOINT MEMBERS TO THE SERVICES AND AUDIT COMMISSIONS PLANNING COMMUNITY The 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 soffice 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 Nielsen Puckett and Thompson Puckett and Thompson Tustin Public Financing Authority Minutes Page 1 of 12
Davert Palmer Gavello Puckett and Thompson Puckett and Thompson Puckett and Thompson City Clerk Services Supervisor Estrella reported the ballot tally as follows Puckett 5 votes Thompson 5 votes By unanimous consentre 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 Nielsen Davert Palmer Gavello Henderson and Marsh Peery Henderson and Marsh Peery Henderson and Marsh Peery Henderson and Marsh Peery 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 Nielsen Davert Palmer Friend and Moore Friend and Moore Friend and Moore Friend and Moore 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 votere 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 451 pm 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 530 pm ATTENDANCE Present Absent City Clerk Others Present Mayor Chair Jerry Amante Mayor Pro Tem Chair Pro Tem John Nielsen and Councilmembers Agencymembers Directors Doug Davert Jim Palmer Councilmember Agencymember DirectorGavello Patricia Estrella City Clerk Services Supervisor 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 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 9b Two Cases B EXISTING LITIGATION Govt Code Section 54956 9a 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 At531 pm CityCouncil Redevelopment Agency TPFA recessed to closed session to discuss matters listed under Closed Session RECONVENED At 700 pm Redevelopment Agency TPFA reconvened in public session with same members present Tustin Public Financing Authority Minutes Page 4 of 12
JOINT REGULAR CITY COUNCIL REDEVELOPMENT AGENCY AND TUSTIN PUBLIC FINANCING AUTHORITY MEETING 700 PM CALL TO ORDER Meeting 2230 at700 pm 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 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 Tustin Public Financing Authority Minutes Page 5of 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 at725 pm Public Hearing closed at 725 pm 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 50 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 Tustin Public Financing Authority Minutes Page 6 of 12
Motion carried 50 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 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 of2509 988 15 030 72 694 733 93 reversals in the amount of948 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 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 sreport for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2010 2011 The purpose of the Engineer sreport is to set forth findings and the engineering analysis to levy assessments in the Tustin Landscape and Lighting District for the2010 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 YEAR2010 2011 6 APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR SCADA SYSTEM UPGRADE FOR THE WATER SERVICES DIVISION 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 ssupervisory Control and Data Acquisition SCADA System The current SCADA System was originally acquired in programmable logic controllers and related equipment are now outdated and need to be brought to current standards 1999 Many of the system components including computers 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 41 Councilmember Agencymember dissenting Director Gavello 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 behalfof 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 sconstruction 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 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 Tustin Public Financing Authority Minutes Page 8of 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 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 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 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 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 for determination Ultimately the 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 50 12 LEGISLATIVE REPORTS 1 OPPOSITION OF SB 518 In June 2009 the 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 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 50 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 50 OTHER BUSINESS COMMITTEE REPORTS City Manager City Attorney 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 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 snewsletter and to inaccuracies regarding the City s budget and claims made in the newsletter 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 sinaugural Dinner and participated in roasting the mayor Participated in his son 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 Inaugural dinner for benefit of charity Congratulated Dane Nielsen for attaining Eagle Scout Mentioned the grand opening of Citrus Ranch Park on February 27 hard work on the Mayor s 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 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 759 Then next meeting is scheduled for Tuesday March 2 2010 at 530 pm for the Closed Session Meeting followed by the Regular Business Meeting at 700 pm in the Council Chamber 300 Centennial Way Tustin California Tustin Public Financing Authority Minutes Page 12 of 12