HomeMy WebLinkAbout02 CC MINUTES 2009 07 07 07-21-09Agenda Item 2
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MINUTES OF THE REGULAR MEETING City Manager
OF THE CITY COUNCIL Finance Director NIA
TUSTIN, CALIFORNIA
JULY 7, 2009
CALLED TO ORDER MEETING #2215 AT 5:30 P.M.
ATTENDANCE
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello and John Nielsen
Absent: Councilmember Jim Palmer
City Clerk: Maria Huizar, Chief Deputy City Clerk
Others Present: William A. Huston, City Manager; and Doug 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 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:
Emolovee 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
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
City Council Meeting July 7, 2009
Minutes Page 1 of 8
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
RECESSED
- At 5:31 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED
- At 6:59 p.m. City Council reconvened in public session with same
members present.
REGULAR CITY COUNCIL MEETING
CALL TO ORDER MEETING #2215 AT 7:00 P.M.
INVOCATION
– American Legion- Post 227
PLEDGE OF ALLEGIANCE
– American Legion- Post 227
ROLL CALL
Present: Mayor Doug Davert; Mayor Pro Tem Jerry Amante; and
Councilmembers Deborah Gavello and John Nielsen
Absent: Councilmember Jim Palmer
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT
– City Attorney Holland reported that the City Council
unanimously denied Claim Nos. 09-14 and 09-15. The City Council also gave City
Attorney direction concerning the resolution of the City of Tustin v. Mary Ann
Higginbotham case. Final details of agreement will be available to the public once
executed.
City Council Meeting July 7, 2009
MinutesPage 2 of 8
PRESENTATION
Proclamation presented by Mayor Davert to Rashad Z. Al-Dabbagh, Partnership
Specialist of the U.S. Census Bureau in recognition of City’s support to ensure full and
accurate 2010 Census information
PUBLIC HEARING ITEM
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.
Staff report presentation by Public Works Administrative Services Manager Joe
Meyers.
City Clerk Stoker noted that 2 additional protest letters were received.
Public Hearing opened at 7:11 p.m. Bernie Miller spoke in opposition to the
matter. There were no additional speakers and the Hearing closed at 7:12
p.m.
City Attorney Holland noted that insufficient protests were submitted
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to 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
Motion carried 4-0 (Palmer absent).
ORAL COMMUNICATION / PUBLIC INPUT
Charlotte Wilson, Chairperson of the Tustin Relay for Life invited residents to attend
upcoming event that will be held at Peppertree Park on October 10 and 11, 2009.
Bernie Miller, commented on agenda item #6, suggested that more fuel economic
vehicles be leased; and also nominated self to serve on Vector Control Board, agenda
item #9.
City Council Meeting July 7, 2009
MinutesPage 3 of 8
CONSENT CALENDAR ITEMS -
Items #6, 7 and 8 pulled for separate action. It was
moved by Councilmember Nielsen, seconded by Mayor Pro Tem Amante to approve
balance of the Consent Calendar items as recommended by staff. Motion carried 4-0
(Palmer absent).
2. APPROVAL OF MINUTES – REGULAR MEETING OF JUNE 16, 2009
Motion: Approve the Minutes of the Regular City Council Meeting held on June
16, 2009.
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.
Motion: Receive and file.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: 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.
Motion: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.
City Council Meeting July 7, 2009
MinutesPage 4 of 8
Councilmember Gavello pulled item for discussion.
Motion: It was moved by Councilmember Nielsen, seconded by Mayor Pro Tem
Amante to approve three leases for a 2009 Ford Flex and 2009 Ford Edge from
Power Ford of Tustin; and 2009 Toyota Camry from Tustin Toyota. Motion
carried 4-0 (Palmer absent).
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
and the Tustin Legacy parcels for Fiscal Year 2009/10. 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.
Councilmember Gavello pulled item for discussion.
Motion: It was moved by Councilmember Gavello, seconded by Mayor Pro Tem
Amante to 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 to add
phase 2 pricing related to new Library. Motion carried 4-0 (Palmer absent).
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.
Councilmember Nielsen pulled item for discussion.
Motion:It was moved by Councilmember Nielsen, seconded by Mayor Pro Tem
Amante to:
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
City Council Meeting July 7, 2009
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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.
Motion carried 4-0 (Palmer absent).
REGULAR BUSINESS ITEMS
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.
Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember
Nielsen to appoint Al Murray to serve as a representative on the Vector Control
District and fill an unexpired term. Motion carried 4-0 (Palmer absent).
10. LEGISLATIVE REPORTS
Mayor Davert indicated for the record that he received a letter from Southern
California Association of Government (SCAG) where they offered to waive 10%
of annual dues. Noted that Executive Board includes councilmember's from
cities outside the area.
11. STATUS ON THE ORANGE COUNTY 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.
Received presentation by City Treasurer George Jeffries
OTHER BUSINESSCOMMITTEE REPORTS
/
Councilmember Gavello:
Would like to agendize policy on donation to non-profit organizations;
Spoke on State budget crisis and issued registered warrants and how it is affecting
average citizens and local businesses;
Thanked Vanessa Osborn of Parks and Recreation Department for successful
City Council Meeting July 7, 2009
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concerts in the park and encouraged residents to attend;
th
parade at Tustin Meadows and City fireworks display;
Attended July 4
Requested that meeting be adjourned in memory of former councilmember’s Ursula
Kennedy’s grandson Scott Roberts.
Councilmember Nielsen:
Effects of State budget on small businesses;
SCAG report – became new member of the Economic & Human Development
Committee; distributed preliminary RTP growth forecasts coming to city for review
(includes job, population, housing, etc.); population growth lower than projected;
SB375 cleanup legislation; CEQA streamlining for transportation projects; compass
blueprint demo projects; approved limited scholarship program for high school
students; approved 10% reduction in membership dues;
OCCOG report - approved agreement with Cal. State Fullerton for demographic
information;
th
Attended concert in the park, Tustin Meadows Parade on 4 of July and City Fireworks
presentation; and
Attended Tustin Chamber of Commerce Gala, congratulated ambassador of the year
and large and small businesses of the year.
Mayor Pro Tem Amante:
th
On June 17 attended LAFCO meeting regarding sphere of influence between Tustin
and Orange; approved Tustin’s recommendation to divide along school boundaries by
LAFCO and OC Supervisor Campbell;
th
On June 20 attended Police Open House; congratulated police department on event
th
June 23 thru 25 in Sacramento with OCTA regarding transportation funding; will
provide updates as needed
State to raid Prop 1A; unknown if additional taxes will be raided;
th
June 26 mc for Tustin Chamber of Commerce Gala; congratulated businesses of the
year;
TCA joint meeting subcommittee on the environmental issues leading to the
development of the 241
th
Commended staff on 4 of July event; and
Announced that OCTA to further reduce bus services and lay off between 450-500
drivers and mechanics due to State takeaways.
Mayor Davert:
LAFCO made significant decision in favor of Tustin, along school district boundaries;
Report from Audit Commission on Investment Policy coming to council soon;
commission to be cognizant of banking world; Tustin to remain fiscally sound;
th
Attended Police Open House; all 4 of July events; and his family attending concerts in
the Park since the date conflicts with OC Sanitation meeting time;
Attended retirement for OCFA Fire Chief Prather; welcoming ceremony for new chief
will be in August;
Attended academy graduation for OCFA; reality tv followed this graduation class; may
be last academy because of austere budget;
OC Sanitation District groundwater basin concern; and
City Council Meeting July 7, 2009
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OCTA meeting obtained $200,000 for Tustin Ranch Road.
Mayor Pro Tem Amante adjourned in memory of Charlotte Cleary-Bell.
Mayor Davert adjourned in memory of Isabelle McClements.
ADJOURNED
-– 8:35 P.M. - 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
Scott Roberts,
Isabelle McClements,
and
Charlotte Cleary-Bell
_______________________________ ____________________________
DOUG DAVERT, PAMELA STOKER,
Mayor City Clerk
City Council Meeting July 7, 2009
MinutesPage 8 of 8