HomeMy WebLinkAbout01 CC/RDA MINUTES 5-4-10Agenda Item 1
Reviewed:
City Manager
MINUTES Finance Director N/A
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MAY 4, 2010
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2235 at 5:35 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
PUBLIC INPUT -None
CITY ATTORNEY -The City Attorney reported that due to overtures that have been
received from the City of Irvine since the agenda was posted regarding the City of
Newport Beach and City of Tustin v. City of Irvine et al lawsuit and the need to take
immediate action in response, that the item be included on the closed session agenda.
It was moved by Councilmember Davert and seconded by Mayor Pro Tem Nielsen to add
the following item to the closed session agenda:
• CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code §
54956.9(a)] 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
Motion carried 5-0
In addition, the City Attorney requested that the following item originally scheduled for a
second closed session be included in the first closed session:
• CONFERENCE WITH LABOR NEGOTIATOR [Govt. Code § 54957.6]
Agency Negotiators: Kristi Recchia, Director of Human Resources and
City Council/Redevelopment Agency May 4, 2010
Minutes Page 1 of 8
Peter Brown, Liebert Cassidy Whitmore
Em ploy ee Org anization:
Em plo yee Org anization:
Em plo yee Org anization:
Em plo yee Org anization:
Em plo yee Org anization:
Em plo yee Org anization:
Em plo yee Org anization:
Em plo yee Org anization:
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
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. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt.
Code § 54956.9(a)] -One Case
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
RECESSED at 5:31 p.m. The City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 7:03 p.m. The City Council reconvened in public session with same
members present.
JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY
MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2235 at 7:03 p.m.
INVOCATION -Mayor Pro Tem Nielsen
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE - Miss Tustin 2010, Sarah
Salazar performed the national anthem; Danielle Evans, Miss Tustin Third Runner Up, led
the Pledge of Allegiance
ROLL CALL -City Clerk Stoker
City Council/Redevelopment Agency May 4, 2010
Minutes Page 2 of 8
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert,
Deborah Gavello and Jim Palmer
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT -City Attorney Holland.
No reportable action.
PRESENTATIONS
Certificates presented to:
• Miss Tustin 2010: Sarah Salazar
• Third Runner Up: Danielle Evans
Proclamation presented to:
• Miss Tustin 2009: Brittany Taylor
2-1-1 Orange County (Steve Lemler) -presentation on 2-1-1 program
ORAL COMMUNICATION /PUBLIC INPUT -
• Grace, Tustin, shared that she is proud to be American and thanked the Police
Department and community for assistance with her mother who has since passed
away.
CONSENT CALENDAR ITEMS - It was moved by Councilmember/Agencymember
Davert and seconded by Councilmember/Agencymember Palmer to pull consent calendar
items 3 and 4 and to approve the balance of the consent calendar items as recommended
by staff.
Motion carried 5-0
1. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON APRIL 20, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on April 20, 2010.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $941,331.70, and
$972,527.56 and Payroll in the amount of $654,293.08.
3. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
City Council/Redevelopment Agency May 4, 2010
Minutes Page 3 of 8
LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER
LEVYING FISCAL YEAR 2010-2011 ASSESSMENTS
At the February 16, 2010 meeting, the City Council ordered the preparation of
an Engineer's Report for the Levy of Annual Assessments for the Tustin
Landscape and Lighting District. The Engineer's Report has now been
completed and is ready for City Council approval. Additionally, it is requested
that the City Council declare its intention to levy annual assessments and set a
public hearing for June 1, 2010.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Davert to approve the recommendation.
RESOLUTION NO. 10-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING THE ENGINEER'S REPORT
FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY
OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2010-2011
RESOLUTION NO. 10-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR
2010-2011 FOR THE IMPROVEMENT, MAINTENANCE AND
SERVICING OF PUBLIC LANDSCAPING AND LIGHTING
FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE
BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF
Motion carried 4-1 (Amante opposed)
4. ACCEPT THE CITRUS RANCH PARK PROJECT (CIP NO. 2046) AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION
Construction of the Citrus Ranch Park (CIP NO. 2046) has been completed to
the satisfaction of the City Engineer and is now ready for City Council
acceptance.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gavello to approve the recommendation.
RESOLUTION NO. 10-37
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 CONSTRUCTION OF THE CITRUS RANCH
PROJECT (CIP NO. 2046)
City Council/Redevelopment Agency May 4, 2010
Minutes Page 4 of 8
Motion carried 5-0.
5. AUTHORIZE THE SOLICITATION OF BIDS FOR THE REPLACEMENT OF A
STREET SWEEPER
Supplemental appropriations have been approved by City Council to purchase
an alternative fuel street sweeper. Staff is now prepared to solicit bids and is
requesting authorization to advertise.
Recommendation: It is recommended that the City Council authorize the
solicitation of bids for an alternative fuel street sweeper and direct the City Clerk
to advertise the request for bids.
6. 2009 HOMELAND SECURITY GRANT PROGRAM
The Orange County Sheriff-Coroner Department, acting on behalf of the Orange
County Operational Area, has applied for, received, and been authorized to
begin the spending of 2009 Homeland Security Grant Program (HSGP) funds.
The grant funds are intended to help the Operational Area prevent, respond to,
and recover from acts of terrorism. Terms of the grant require that certain funds,
property or equipment be transferred to jurisdictions within the operational area.
The City of Tustin, as a part of the Operational Area, is entitled to participate in
the grant.
In order to be reimbursed for any future approved expenditures relating to the
2009 HSGP, a transfer agreement between the agencies needs to be
established.
Recommendation: It is recommended that the City Council:
1. Approve the 2009 HSGP Transfer Agreement between the County of
Orange and the City of Tustin
2. Authorize the Chief of Police to sign any grant-related paperwork on
behalf of the City
REGULAR BUSINESS ITEMS
7. BACKGROUND RELATED TO THREE-FOOT LANDSCAPE REQUIREMENT -
ORDINANCE NO. 1240
On March 16, 2010, the City Council directed staff to provide a history of the
ordinance which requires athree-foot landscape buffer between residential
properties and to provide examples of code enforcement cases. This direction
originated when several residents expressed concern about receiving a Notice
of Violation (NOV) of the Tustin City Code. The NOV's were issued for non-
City Council/Redevelopment Agency May 4, 2010
Minutes Page 5 of 8
compliance with TCC section 9267(a)(3) which requires athree-foot wide
landscape area between the driveway areas and the adjacent side property
lines.
PUBLIC INPUT:
• Pete Sanchez, Martha Sandoval, Pat Siress and Joan Mathesrud spoke
in opposition to Ordinance No. 1240.
Motion: It was moved to place a moratorium on those currently subject to the
complaint unless in egregious violation of the ordinance, and return the item to
staff to present to the Planning Commission for options for the Council at a later
date.
Motion carried 5-0
8. CITY MANAGER RECRUITMENT
The City Manager will be retiring as of July 17, 2010.
Motion: It was moved by Mayor Amante and seconded by Mayor Pro Tem
Nielsen to authorize the Director of Human Resources to solicit proposals from
three firms specializing in public sector executive recruitment and to appoint
Mayor Amante and Councilmember Davert to serve as a subcommittee to
coordinate with the Director of Human Resources and the recruitment firm
during the duration of the recruitment process.
Motion carried 4-1 (Gavello dissenting)
Mayor Amante directed City Manager Huston to agendize at the next meeting
the matter of an interim solution to the time between Mr. Huston's retirement
and the appointment of a new City Manager.
9. LEGISLATIVE REPORT
At this time, .the City Council may take the opportunity to discuss current
legislation of interest.
1. Senate Bill 942 (Dutton)
Mayor Amante requested that Senate Bill 942 be agendized for discussion.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Davert to support the legislation.
Motion carried 4-1 (Gavello dissenting)
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
City Council/Redevelopment Agency May 4, 2010
Minutes Page 6 of 8
City Manager Huston:
• Clarified for Councilmember Gavello that on agenda item 3, the resolution section 5
states that a protest can be filed up to the hearing.
Councilmember Gavello:
• Thanked Public Works Director Doug Stack and his staff for paving roads in Tustin
Ranch
• Attended the Old Town Home and Garden Tour
• Attended the Community Volunteer Luncheon
• Announced that her daughter, Natalie, is in the audience and congratulated her for
selecting Berkeley as the university she will attend
Councilmember Davert:
• Wished a happy Mother's Day to all mothers
• Reported that Orange County Sanitation District continues to make budget cuts;
announced that the District's bond rating was upgraded to AAA
• Announced that on May 27 the Tustin Public Schools Foundation will host Annual
Teacher of the Year dinner and thanked teachers who provide students with a
tremendous education; complimented TPSF for raising money from citizens and
businesses and invited those who wish to attend or make a donation to call TPSF
Councilmember Palmer:
• Wished all a happy Mother's Day
• Praised the Police Department for its service to the community
Mayor Pro Tem Nielsen:
• Delivered an update on the Memorandum of Understanding between OCCOG and
OCTA regarding sustainable community strategy for SB 375; gave an update on
the member Joint Powers Agreement; announced that the Southern Association of
Governments May general assembly will reveal greenhouse reduction numbers for
the region
• Reported that the Newport Bay Watershed Executive Committee approved the
executive overview plan and shared other actions of the Committee
• Attended Tustin High School Dance Team Friends and Family Fundraiser on
Apri130, approximately 800 people in attendance; featured multiple national
champion Tustin High dance team and cheer team
• Attended the Home and Garden Tour
• Congratulated Lindberg McPherson and Michael Demoratz of Wilcox Manor whose
home was featured in Victorian Homes magazine
• Attended Tustin High School ribbon cutting for its new plaza and bell tower
• Congratulated Tustin Community Foundation on a great luncheon and
congratulated the winner of a Mini Cooper
Mayor Amante:
• Reported that at OCTA Executive Committee discussed 1) partnership with
OCCOG on sustainable communities and huge cost to implement; focus on vehicle
City Council/Redevelopment Agency May 4, 2010
Minutes Page 7 of 8
miles traveled with no discussion on alternative energies or other energy intensive
situations throughout the state; 2) RFP distributed for consultant for Strategic
Planning Initiative focusing on utilized performance-based budgeting and
management program
• Complimented Councilmember Davert on OCSD's bond rating
• Enjoyed the volunteer recognition luncheon of Tustin Community Foundation;
thanked Lindberg McPherson and Michael Demoratz for making their home
available; thanked Erin Nielsen and Chuck Puckett for their efforts
• Wished all a Happy Mother's Day
ADJOURNED at 8:15 p.m. -The next regular meeting is scheduled for Tuesday, May 18,
2010 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.
City Council/Redevelopment Agency May 4, 2010
Minutes Page 8 of 8