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Home My WebLink About00 C.C. AGENDA 07-07-09CITY OF TUSTIN CITY COUNCIL MEETING AGENDA INFORMATION Welcome to the 'I~.tstin City Council meeting! It is the goal of the 'I~.istin City Council to be responsive to the concerns and needs of our community. Your participation in local government will assure that our City maintains an exceptional quality of life for residents and businesses. We thank you for your involvement and interest in our community. Council Meetings The City Council meets the first and third Tuesday of each month at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin (unless adjourned to different dateftime). The City Council conducts business as the City Council of the City of Tustin, the Board of Directors of the Tustin Community Redevelopment Agency, and the Board of Directors of other Tustin agencies that may meet from time to time. Food and beverage is permitted in the atrium area outside of the Council Chamber where a speaker system has been provided, but not in the Council Chambers. No smoking is allowed in the Civic Center. While in the City Council Chamber, please turn off all cellular phones and pagers. Agenda Items The Agenda provides the public with a general summary of the items to be considered by the Council. The Council is not limited in any way by the "Recommendation" and may take any action which the Council deems to be appropriate on an Agenda item. Except as otherwise provided by law, no action shall be taken on any item not appearing in the agenda. All supporting documentation for this Agenda is available for public review in the City Clerk's Office during regular business hours, in the Police Department, and the Tustin Public Library. These agenda books are also provided for use in the Council Chamber atrium area during the meeting. Public Input Pursuant to Government Code Sec. 54954.3, the public may comment on any agenda item under consideration by the City Council, Community Redevelopment Agency, or other City of Tustin agencies, and on any other matters under the Council's jurisdiction. Public Input is provided at the beginning of the meeting. No action can be taken on items not on the agenda unless authorized by law. Total time allotted for public input on non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. A speaker may not relinquish her/his time to another speaker. If you wish to address the City Council on any matter, please fill out one of the forms located on the speaker's podium and submit to the City Clerk so your remarks on the digital recording of the meeting can be attributed to you. When you start to address the City Council, please state your full name and address for the record. Distribution of Material to City Council If you have material you wish to distribute to the City Council and the public regarding an item on the agenda, please give the material to the City Clerk prior to the meeting. This will allow the City Council sufficient time to review the material prior to taking action. Cable Broadcast/Re-Broadcast Schedule Regular City Council meetings are televised live on Cable Channel 3 and 30. Rebroadcast schedule -Time Warner (Channel 3) and Cox Cable (Channel 30) is the next day, Wednesday, at 7:00 p.m. and the third Wednesday at 8:00 p.m. Live Web Streaming of Council Meetings City Council meetings can be viewed Live on the City's website at: http://www.tustinca.orq and may access any of the archived meetings at the same web address. Agenda and Agenda Reports City Council Meeting Agendas and Agenda Reports are available the Thursday before a Council meeting on the City's website at: www.tustinca.orq .4 v_ ~ .`_ ADA Assistance If you need special assistance to participate in this Council meeting, contact the City Clerk's Office at (714) 573-3025. Please call at least 72 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102.104 American Disabilities Act Title II) CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Jerry Amante, Mayor Pro Tem Deborah Gavello, Councilmember John Nielsen, Councilmember Jim Palmer, Councilmember JULY 7, 2009 ~ COUNCIL CHAMBER ,. 300 CENTENNIAL WAY, TUSTIN ~`~s~' William A. Huston, City Manager Douglas Holland, City Attorney Doug Davert, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 5:30 P.M. ~¢ ~~ CALL TO ORDER -Meeting #2215 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Closed Session Agenda. 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. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Part-Time Unrepresented Employees Unclassified Confidential Employees Management and Supervisory Executive Management NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. B. EXISTING LITIGATION [Government Code Section 54856.9(a)] - 4 Cases • City of Tustin v. Mary Ann Higginbotham, Orange County Superior Court, Case No. 30-2008-00111660-CU-MC-CJC • Claim Number 09-14, Dianna Perrone • Claim Number 09-15, Dianna Perrone • 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 C. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] - 2 Cases D. INITIATION OF LITIGATION [Govt. Code § 54856.9(c)] - 2 Cases REGULAR CITY COUNCIL MEETING 7:00 P.M. ~f ~.~ CALL TO ORDER -Meeting #2215 INVOCATION -American Legion PLEDGE OF ALLEGIANCE -American Legion ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATIONS • Proclamation presented by Mayor Davert to Rashad Z. AI-Dabbagh, Partnership Specialist of the U.S. Census Bureau in recognition of City's support to ensure full and accurate 2010 Census information City Council Meeting July 7, 2009 Agenda Page 2 of 6 PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Community Redevelopment Agency related to land use or fees. (City Council Agenda Item 1) 1. PUBLIC HEARING: CONSIDER ADJUSTING SOLID WASTE COLLECTION SERVICE FEES Pursuant to Proposition 218, a public hearing is required to set solid waste rates. Staff has reviewed CR&R, Inc.'s (CR&R) requested adjustments and has determined that they are in conformance with their contract requirements. Staff is recommending that the City Council conduct a public hearing and, if there is no majority written protest, adopt Resolution 09-39 approving the adjusted residential and commercial rates. Recommendations: 1.a. Conduct a public hearing; and 1.b. Adopt resolution. RESOLUTION NO. 09-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND ADOPTING SOLID WASTE COLLECTION SERVICES FEES ORAL COMMUNICATION /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. If the item you wish to speak on is a public hearing, you may wish to wait until the Council considers that item. 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 2 through 8) 2. APPROVAL OF MINUTES -REGULAR MEETING OF JUNE 16, 2009 Recommendation: Approve the Minutes of the Regular City Council Meeting held on June 16, 2009. City Council Meeting July 7, 2009 Agenda Page 3 of 6 3. PLANNING ACTION AGENDA -JUNE 23, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Recommendation: Receive and file. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Demands in the amounts of $681,694.15; Approve Immediate Pay in the amount of $5,775.00; Demands in the amounts of; $2,452,714.66; $658,462.58; Reversals in the amount of $6,624.48; and Payroll in the amount of $704,430.26 and $738,044.23. 5. APPROVE THE REVISED PERSONNEL RULES The Personnel Rules were last updated in 1988. Adoption of the attached revised Personnel Rules will update various policies and procedures to reflect revisions in state and federal law and changes in City policies and procedures that have occurred over the last 21 years, and will consolidate a large number of standalone City policies into a single comprehensive document. Recommendation: Adopt resolution. RESOLUTION NO. 09-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REVISED PERSONNEL RULES OF THE CITY OF TUSTIN 6. POLICE DEPARTMENT LEASE VEHICLES The Police Department is seeking approval of City Council to lease three (3) new vehicles to replace three (3) existing lease vehicles that are nearing the end of their contract. Recommendation: Approve three leases fora 2009 Ford Flex and 2009 Ford Edge from Power Ford of Tustin; and 2009 Toyota Camry from Tustin Toyota. 7. CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS AND THE TUSTIN LEGACY PARCELS WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. Authorize the fourth and final contract amendment with SpectrumCare Landscape & Irrigation Management, Inc. (SpectrumCare) to extend the agreement for landscape maintenance services within the General Fund areas City Council Meeting July 7, 2009 Agenda Page 4 of 6 and the Tustin Legacy parcels for Fiscal Year 09/10. Additionally, the amendment includes the deletion of Citrus Grove maintenance and the addition of landscape maintenance services associated with the following new areas/facilities; Pasadena Well, Edinger Avenue median from Newport Avenue to Del Amo Avenue, and the new Tustin Library. Recommendation: Approve the fourth and final amendment to the existing agreement with SpectrumCare Landscape & Irrigation Management, Inc. for landscape maintenance services and authorize the Mayor and City Clerk to execute the amendment on behalf of the City, subject to City Attorney approval. 8. TUSTIN LEGACY FIRE STATION FACILITY Tustin City Council approval is requested for approval of consulting services for program management and preparation of design and construction plans and documents for the Tustin Legacy Fire Station Facility. Recommendations: 8.a. Approve and authorize the City Manager or Assistant City Manager to execute a Consultant Services Agreement with Griffin Structures, Inc. (the "Consultant") for program management services including comprehensive design services for preparation of design and construction plans and related services for the Tustin Legacy Fire Station project, subject to any minor corrections as may be required by the City Attorney; and 8.b. Authorize staff to exercise the option in the Consultant's Services Agreement for the Consultant to design the future Tustin Legacy Fire Station Facility to a U.S. Green Building Council Leadership in Energy and Environmental Design ("LEED") certification standard at an additional cost for the initial scope of services of $6,200. The cost of any subsequent amendment during the construction Phase V portion of the project would be $55,800. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9 through 11) 9. APPOINT REPRESENTATIVE TO THE VECTOR CONTROL DISTRICT Mayor Davert has requested that this item be placed on the agenda so he can make an appointment to fill the unexpired term of Lou Bone, who resigned from the Orange County Vector Control District effective June 26, 2009. City Council Meeting July 7, 2009 Agenda Page 5 of 6 Recommendation: Appoint a representative to fill an unexpired term on the Vector Control District. 10. LEGISLATIVE REPORTS Council may request that staff prepare reports, and/or letters of support/opposition on legislative matters that are time-sensitive and not agendized. Recommendation: Pleasure of the City Council. 11. STATUS ON THE INVESTMENT POOL Councilmember Gavello has requested that this item be placed on the agenda in order to receive a status report on the Orange County Investment Pool. Recommendation: Receive presentation by City Treasurer George Jeffries. OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next meeting of the City Council is scheduled for Tuesday, July 21, 2009 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 in Memory of Isabelle McClements City Council Meeting July 7, 2009 Agenda Page 6 of 6