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Home My WebLink AboutCC MINUTES 2009 09 15MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA SEPTEMBER 15, 2009 CALLED TO ORDER MEETING 2220 AT 5:30 P.M. ATTENDANCE Present: Mayor Doug Davert, Mayor Pro Tem Jerry Amante, and Councilmembers Deborah Gavello, John Nielsen and Jim Palmer Absent: None City Clerk: Kristi Recchia, Interim 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: Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Emp loy ee Org anization: Tustin Municipal Employees Association (TMEA) Emp loy ee Org anization: Tustin Police Officers Association (TPOA) Emp loy ee Org anization: Tustin Police Support Service Association (TPSSA) Emp lo yee Org anization: Tustin Police Management Association (TPMA) Emp loy ee Org anization: Part-Time Unrepresented Employees Emp loy ee Or ganization: Unclassified Confidential Employees Emp loy ee Or ganization: Management and Supervisory Emp lo yee Or ganization: Executive Management B. EXPOSURE TO LITIGATION [Govt. Code § 54856.9(b)] -Two Cases C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS -One Case D. [Govt. Code § 54956.8] 1. TERMS OF LEASE City Council Meeting September 15, 2009 Minutes Page 1 of 8 Property: 580 W. Sixth Street, Tustin, CA 92780; APN 401-341-06 Agency Negotiators: Christine Shingleton, Assistant City Manager Negotiators for Property: Michael Immel, Boys and Girls Club E. EXISTING LITIGATION [Govt. Code Section 54856.9(a)] -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 - 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 #2220 AT 7:00 P.M. INVOCATION - Father AI Baca, St. Cecilia's Church PLEDGE OF ALLEGIANCE - Councilmember Nielsen ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland No reportable actions PRESENTATION • Certificates of Recognition presented by Mayor Davert to students who attended the American Legion "Boys State" program. Steven LaMotte from Assemblyman Miller's office also presented Certificates of Recognition. PUBLIC HEARING ITEM City Council Meeting September 15, 2009 Minutes Page 2 of 8 PUBLIC HEARING: INTERIM URGENCY ORDINANCE NO. 1371 -Massage Establishments and Therapists Ordinance No. 1371 is an interim urgency measure that would extend the effective term of Interim Urgency Ordinance No. 1368. Ordinance No. 1368 was approved by the Council on August 4, 2009 to implement regulations on the establishment and operation of massage businesses and massage therapists for a period of 45 days. Pursuant to Government Code Section 65858, that urgency measure may now be extended for a period of ten months and fifteen days (thus, the effective period, if approved, would be one year). Prior to the adoption of Ordinance No. 1368, the Tustin City Code required massage businesses to obtain a Conditional Use Permit and all massage businesses to comply with the City's Personal Services regulations. However, on September 27, 2008, the Governor signed Senate Bill (SB) 731 revising the Business and Professions Code relating to massage therapy. Of specific note is the Bill language providing for the certification of massage practitioners and therapists by the "Massage Therapy Council," a nonprofit organization, and prohibiting a City from enacting ordinances regulating the practice of massage by a certificate holder. The City Attorney's office has noted the need for an interim ordinance while the City monitors the State's newly enacted legislation and refines the City's local code to ensure adequate regulations are enacted. Public Hearing opened at 7:12 p.m. Hearing closed at 7:13 p.m. Motion: It was moved by Councilmember Palmer, seconded by Mayor Pro Tem Amante to adopt Urgency Ordinance No. 1371 ORDINANCE NO. 1371 - AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS THE EFFECTIVENESS OF INTERIM URGENCY ORDINANCE NO. 1368 AMENDING PART 2 OF CHAPTER 6 OF THE TUSTIN CITY CODE, RELATING TO REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS PENDING THE COMPLETION OF A STUDY OF THE REGULATIONS AND IMPLEMENTATION GUIDELINES ANTICIPATED FROM THE MASSAGE THERAPY COUNCIL APPLICABLE TO THE REGULATION OF MASSAGE THERAPISTS UNDER RECENT STATE LEGISLATION. Motion Carried 5-0 ORAL COMMUNICATION /PUBLIC INPUT - Adrian Morton -Spoke regarding programs in the community that the American Legion assists/supports; presented a hat to Mayor Pro Tem Amante Daryl Mapes -Spoke regarding his blog in OC Register and his encounter with Councilmember Gavello in his store; Councilmember Gavello responded to the City Council Meeting September 15, 2009 Minutes Page 3 of 8 speaker's comments. Stanley Martin -Updated Council on lost dogs; CONSENT CALENDAR ITEMS: Pulled item 12; it was moved by Mayor Pro Tem Amante, seconded by Councilmember Nielsen, to approve remaining Consent Calendar items as recommended by staff. Motion carried 5-0; 2. APPROVAL OF MINUTES -REGULAR MEETING OF SEPTEMBER 1, 2009 Motion: Approve the Action Minutes of the Regular City Council Meeting held on September 1, 2009. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve demands in the amounts of $3,445,138.49, $7,876.50, $16,271.66, $441,568.02; and Payroll in the amount of $739,550.80. 4. PLANNING ACTION AGENDA -SEPTEMBER 8, 2009 All actions of the Planning Commission become final unless appealed by the City Council or members of the public. Motion: Receive and file. 5. CONSIDERATION OF CLAIM OF VICTOR HERNANDEZ, CLAIM NO. 09-05 The Claimant alleges that Tustin Police used excessive force when questioning him regarding a potential criminal act. On October 17, 2008, Tustin Police detained the claimant when a witness identified him as the perpetrator in a criminal investigation. During a weapons pat down search, Mr. Hernandez began to struggle, requiring Officers to handcuff and restrain him. During the struggle, Mr. Hernandez sustained a broken finger and a contusion above his eye. Ultimately, Mr. Hernandez was determined not to be the perpetrator. Motion: That the City Council deny Claim Number 09-05, Victor Hernandez, and direct Staff to send notice thereof to the Claimant. 6. CONSIDERATION OF CLAIM OF DANNY BONILLA, CLAIM NO. 09-25 The Claimant alleges that roots from aCity-owned tree intruded into his main sewer line, causing clogging and the need to replace the line. Claimant alleges that the main line has had to be 'rootered' four times in the past seven years. City Council Meeting September 15, 2009 Minutes Page 4 of 8 Motion: That the City Council deny Claim Number 09-25, Danny Bonilla, and direct Staff to send notice thereof to the Claimant. 7. CONSIDERATION OF CLAIM OF CHARLES AUSTIN, CLAIM NO. 09-26 The Claimant alleges that his car hit a huge hole in the right lane near Red Hill and Walnut, causing his back rims to crack and his tires to blow out. The City's water department was working in the area from August 14th to August 20th; however, the construction work was done according to industry standards, which left a variance in the street surface approximately that of a driveway approach (3/4"). Motion: That the City Council deny Claim Number 09-26, Charles Austin, and direct Staff to send notice thereof to the Claimant.. 8. CONSIDERATION OF CLAIM OF BERNARD MILLER, CLAIM NO. 09-29 The Claimant alleges that he sustained damage to his tire and alloy wheel because of road work near Red Hill and Walnut. Motion: That the City Council deny Claim Number 09-29, Bernard Miller, and direct Staff to send notice thereof to the Claimant. 9. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE PINE TREE PARK PLAYGROUND EQUIPMENT INSTALLATION (CIP NO. 2059) Construction of the Pine Tree Park Playground Equipment Installation (CIP No. 2059) has been completed, and is ready for acceptance and filing of the Notice of Completion. Motions: 1. Adopt Resolution No. 09-53 accepting the Pine Tree Park Playground Equipment Installation (CIP No. 2059); and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 09-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE PINE TREE PARK PLAYGROUND EQUIPMENT INSTALLATION (CIP NO. 2059) 10. REVISION TO THE CITY'S CLASSIFICATION AND COMPENSATION PLANS City Council Meeting September 15, 2009 Minutes Page 5 of 8 REORGANIZATION OF STAFF -CITY CLERK'S OFFICE Recently, the City Clerk's Office has had two positions vacated and those positions have not been replaced. Human Resources conducted a staffing review of this division and are recommending a staff reorganization. This agenda item recommends amending the City's Classification and Compensation Plans by establishing two classifications: City Clerk Services Supervisor and City Clerk Services Specialist. We are also recommending funding for the City Clerk Services Specialist and an additional part-time Office Assistant. Motion: Adopt Resolution 09-56 Amending the City's Classification and Compensation Plans and authorizing the funding of additional staffing. RESOLUTION NO. 09-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY'S CLASSIFICATION PLAN 11. AMEND RESOLUTION 04-24 REGARDING AUTHORITY TO SETTLE GENERAL AND AUTOMOBILE LIABILITY CLAIMS Adopt Resolution No. 09-55, amending Resolution No. 04-24 to update and clarify the authority of the City Manager, City Attorney, Human Resources Director, Risk Manager, and City Council to settle General and Automobile Liability Claims, and to increase the authority level from $10,000 to $25,000. Motion: Adopt resolution. RESOLUTION NO. 09-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CLARIFYING THE AUTHORITY OF THE CITY MANAGER, THE CITY ATTORNEY, THE HUMAN RESOURCES DIRECTOR, THE RISK MANAGER, AND THE CITY COUNCIL TO SETTLE GENERAL AND AUTOMOBILE LIABILITY CLAIMS 12. ADOPT RESOLUTION NO. 09-54 SUPPORTING ACTION TO RESTORE CALIFORNIA'S BAY-DELTA AND PROVIDE A RELIABLE WATER SUPPLY Attached for the City Council's consideration is Resolution No. 09-54. It outlines the City of Tustin's support for the co-equal goals of restoring the Sacramento- San Joaquin Bay Delta ecosystem and creating a reliable water supply for California, and the Bay Delta Conservation Plan (BDCP) process. Motion: 1) Adopt Resolution No. 09-54 Supporting Action to Restore California's Bay-Delta and Provide A Reliable Water Supply; and 2) Authorize the Mayor to sign and execute letters to the Governor and City Council Meeting September 15, 2009 Minutes Page 6 of 8 State Legislators expressing support for the Delta Vision goals and the BDCP process. RESOLUTION NO: 09-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN SUPPORTING ACTION TO RESTORE CALIFORNIA'S BAY DELTA AND PROVIDE A RELIABLE WATER SUPPLY Councilmember Gavello requested they postpone passing the resolution. It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer to pass Resolution No. 09-54. Motion carried 5-0 13. AUTHORIZATION TO REPLACE DAMAGED POLICE UNIT Authorize the purchase a replacement vehicle for Unit 804, which was damaged in a traffic collision on June 15, 2009. Motion: Staff recommends the purchase of a replacement Dodge Charger from Tustin Dodge and recommends conversion services be awarded to North Star Electronics. REGULAR BUSINESS ITEMS 14. WATER RATES At its last meeting, the City Council directed staff to prepare additional water rate options for the City Council's consideration. Staff is preparing six options, which will be ready for presentation at the October 6 meeting. Motion: It was moved by Councilmember Nielsen, seconded by Mayor Davert , that this item be continued to the October 6, 2009 City Council meeting. Motion carried 5-0 15. LEGISLATIVE REPORT- SB 88 Motion: It was moved by Mayor Pro Tem Amante, seconded by Councilmember Palmer, that the City Council oppose SB 88. Attached is a memorandum from the President of the Orange County Division, League of California Cities which outlines the reasons why SB 88, if enacted, would prevent cities from filing for bankruptcy without first obtaining permission from the State. While bankruptcy is not an issue for the City of Tustin, SB 88 is another example of the State meddling in local affairs and for that reason should be opposed. City Council Meeting September 15, 2009 Minutes Page 7 of 8 Motion carried 5-0 OTHER BUSINESS /COMMITTEE REPORTS -City Manager, City Attorney, City Council Councilmember Gavello: • Thanked staff for kid friendly plants in Old Town; • Thanked Police Chief for recent vehicle purchases in Tustin. Councilmember Nielsen • SCAG report -Community & Economic Development Committee meeting to evaluate SB375 and begin to put framework of legislation implementation together; discussion also included RHNA; sustainable communities strategy; RTIP for region in 2012 and legislation; • Attended Chamber of Commerce breakfast; • Thanked Councilmember Palmer for hosting Boy Scout volunteers at OC Rescue Mission; • Attended Chamber of Commerce Golf Tournament today; • Attended High School rivalry game between Tustin H.S. and Foothill H.S. Councilmember Palmer • None Mayor Pro Tem Amante • Commented on Irvine's RHNA allocation; • Commented on AB375 -RTIP and Sustainable Communities Strategy has some issues between OCCOG and OCTA, Mayor Davert • Summarized RHNA legal appeal involving City of Irvine; • Tustin Area Senior Center hosted Senior Advisory Committee on Sept. 11, 2009; • Tiller Days on Oct 2"d 3~d and 4tH; including parade and pancake breakfast; • American Cancer Society's Relay for Life on Oct 10tH - 11tH in Peppertree Park; • Sept. 21St at 5:30 p.m. in the Community Center, there will be public presentation on the historic hangers; • Oct. 3~d is the OCFA Open House; • Master Planning of Tustin Town Center Plan public workshops scheduled for Sept. 28tH 29tH and 30tH ADJOURNED -- 7:45 P.M. The next meeting of the City Council is scheduled for Tuesday, October 6, 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. DOUG DA Mayor AMELA ST City Clerk City Council Meeting Minutes September 15, 2009 Page 8 of 8