HomeMy WebLinkAbout04 CC/RDA MINUTES 5-18-10Agenda Item 4
Reviewed:
City Manager
MINUTES Finance Director NIA
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
MAY 18, 2010
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2236 at 5:33 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
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 5:34 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 7:03 p.m. City Council reconvened in public session with same
City Council/Redevelopment Agency May 18, 2010
Minutes Page 1 of 10
members present.
JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY
MEETING
7:00 P.M.
CALL TO ORDER -Meeting #2236 at 7:03 p.m.
INVOCATION -Mayor Amante
PLEDGE OF ALLEGIANCE -Councilmember Palmer
ROLL CALL -City Clerk Stoker
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 -The Council did not take any
reportable action
PRESENTATIONS
• National Alliance on Mental Illness (NAMI) -Frank Woodard
ORAL COMMUNICATION /PUBLIC INPUT -
• Edward Chizkov spoke regarding Ordinance No. 1354
CONSENT CALENDAR ITEMS - It was moved by Councilmember/Agencymember
Davert and seconded by Councilmember/Agencymember Palmer to pull consent calendar
items 8 and 10 through 15 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 MAY 4, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
City Council/Redevelopment Agency May 18, 2010
Minutes Page 2 of 10
Joint City Council and Redevelopment Agency held on May 4, 2010.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $44,821.44,
$972,385.46, $19,537.04, $3,500.00, and $527,582.27; reversals in the amount
of $27,603.37 and Payroll in the amount of $694,475.30.
3. AWARD OF BID FOR THE TUSTIN FAMILY & YOUTH CENTER
PLAYGROUND EQUIPMENT
The bid opening for the Tustin Family & Youth Center Playground Replacement
project was held on April 28, 2010. City Council is requested to award the bid to
Creative Contractors in the total amount of $82,678.99
Recommendation: It is recommended that:
1. City Council award the contract to Creative Contractors of Rancho Santa
Margarita, California in the amount of $82,678.99 subject to the approval
of contract requirements by the City Attorney and final execution.
4. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted Investment
Policy.
Recommendation: Receive and file.
5. AUTHORIZATION TO AWARD CONTRACT FOR THE REPAIR OF
VANDENBERG WELL
The Vandenberg Well recently experienced a mechanical failure. A detailed
inspection determined that the well pump, shaft and column pipe need to be
replaced to make the well operable. Competitive bids were solicited and
received from qualified contractors and the contract is now ready to be awarded
to the lowest responsive/responsible bidder.
Recommendation: It is recommended that the City Council award the contract
to the lowest responsive/responsible bid submitted by General Pump Company
and authorize the Director of Public Works/City Engineer to expend a total of
$103,000 for necessary repairs.
City Council/Redevelopment Agency May 18, 2010
Minutes Page 3 of 10
6. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE PROSPECT AVENUE AND
BENETA/AMAGANSET WAY TRAFFIC SIGNAL CIP NO. 4077
7
8
9
The plans and specifications for the Installation of a Traffic Signal at Prospect
Avenue and Beneta/Amaganset Way CIP No. 4077 have been prepared and
the project is now ready to be bid. Construction of the project is primarily funded
with state legislated Safe Routes to School (SR2S) funds.
Recommendation: It is recommended that the City Council adopt Resolution
No. 10-02 to approve the plans and specifications for the Installation of a Traffic
Signal at Prospect Avenue and Beneta/Amaganset Way CIP No. 4077; and
authorize the City Clerk to advertise for bids.
RESOLUTION NO. 10-02
A RESOLUTION OF THE CITY COUNCIL
CALIFORNIA, APPROVING PLANS AND
TRAFFIC SIGNAL INSTALLATION AT
BENETA/AMAGANSET WAY CIP NO.
ADVERTISEMENT FOR BIDS
OF THE CITY OF TUSTIN,
SPECIFICATIONS FOR THE
PROSPECT AVENUE AND
4077, AND AUTHORIZING
STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and file.
REQUEST OF WAIVER PARKING IN-LIEU FEES FOR THREE PARKING
SPACES AT 195 EL CAMINO REAL
A request to waive parking in-lieu fees for three parking spaces was submitted
by Enrico Pozzuoli, of EDPA Studio. The request accompanies a conceptual
design proposal to construct atwo-story building with a small cafe, wine tasting,
and ancillary office on the second floor at 195 EI Camino Real (APN 401-583-
09).
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Palmer to approve the recommended action.
Motion carried 5-0
TAX DEFERRED MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
Tax deferral of employee-paid member contributions to the California Public
City Council/Redevelopment Agency May 18, 2010
Minutes Page 4 of 10
Employees' Retirement System (CaIPERS) is permitted under Section 414(h)(2)
of the Internal Revenue Code (IRC). Adoption of the attached resolution will
allow member contributions paid by employees to be made on a tax deferred
basis using apre-tax payroll deduction.
Recommendation: Adopt Resolution No. 10-41 to authorize tax deferred
member contributions to CaIPERS under Section 414(h)(2) IRC.
RESOLUTION NO. 10-41
A RESOLUTION OF THE CITY
CALIFORNIA, AUTHORIZING
CONTRIBUTIONS TO THE
RETIREMENT SYSTEM UNDER
414(h)(2)
COUNCIL OF THE CITY OF TUSTIN,
TAX DEFERRED MEMBER
CALIFORNIA PUBLIC EMPLOYEES'
INTERNAL REVENUE CODE SECTION
10. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN POLICE
SUPPORT SERVICES ASSOCIATION AND ESTABLISHMENT OF
EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Adoption of the attached Resolutions and Memorandum of Understanding
(MOU) will authorize compensation adjustments for employees in classifications
represented by the Tustin Police Support Services Association (TPSSA) and
reduce the City's expenditures in accordance with Council direction.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve the recommended action.
RESOLUTION NO. 10-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION
PLANS FOR THE CITY OF TUSTIN AND APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN
AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION,
CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT
RESOLUTION NO. 10-45
A RESOLUTION OF THE CITY COUNCIL OF
CALIFORNIA, ESTABLISHING EMPLOYE
CONTRIBUTIONS TO THE CALIFORNIA
RETIREMENT SYSTEM FOR EMPLOYEES
REPRESENTED BY THE TUSTIN POLICE
ASSOCIATION
Motion carried 5-0
THE CITY OF TUSTIN,
:R PAID MEMBER
PUBLIC EMPLOYEES'
IN CLASSIFICATIONS
SUPPORT SERVICES
11. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE
City Council/Redevelopment Agency May 18, 2010
Minutes Page 5 of 10
MANAGEMENT AND MANAGEMENT EMPLOYEES AND ESTABLISHMENT
OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Adoption of the attached Resolutions will authorize compensation adjustments
for unrepresented Executive Management and Management employees and
reduce the City's expenditures in accordance with previous Council direction.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve the recommended action.
RESOLUTION NO. 10-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION AND BENEFITS FOR
UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT
EMPLOYEES, AND SUPERSEDING RESOLUTION 07-88
RESOLUTION NO. 10-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING EMPLOYER PAID MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) FOR UNREPRESENTED EXECUTIVE
MANAGEMENT EMPLOYEES AND UNREPRESENTED MANAGEMENT
EMPLOYEES WHO ARE CALPERS LOCAL MISCELLANEOUS MEMBERS
RESOLUTION NO. 10-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING EMPLOYER PAID MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) FOR UNREPRESENTED EXECUTIVE
MANAGEMENT EMPLOYEES AND UNREPRESENTED MANAGEMENT
EMPLOYEES WHO ARE CALPERS LOCAL SAFETY MEMBERS
Motion carried 5-0
12. SALARY RESOLUTION FOR UNREPRESENTED SUPERVISORY
EMPLOYEES AND ESTABLISHMENT OF EMPLOYER PAID MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
Adoption of the attached Resolutions will authorize compensation adjustments
for unrepresented Supervisory employees and reduce the City's expenditures in
accordance with previous Council direction.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve the recommended action.
City Council/Redevelopment Agency May 18, 2010
Minutes Page 6 of 10
RESOLUTION NO. 10-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION AND BENEFITS FOR
UNREPRESENTED SUPERVISORY EMPLOYEES, AND SUPERSEDING
RESOLUTION 07-89
RESOLUTION NO. 10-50
A RESOLUTION OF THE CITY
CALIFORNIA, ESTABLISHIN
CONTRIBUTIONS TO THE
RETIREMENT SYSTEM FOR
EMPLOYEES
COUNCIL OF THE CITY OF TUSTIN,
G EMPLOYER PAID MEMBER
CALIFORNIA PUBLIC EMPLOYEES'
UNREPRESENTED SUPERVISORY
Motion carried 5-0
13. SALARY RESOLUTION FOR UNREPRESENTED CONFIDENTIAL
EMPLOYEES AND ESTABLISHMENT OF EMPLOYER PAID MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
Adoption of the attached Resolutions will authorize compensation adjustments
for unrepresented Confidential employees and reduce the City's expenditures in
accordance with previous Council direction.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve the recommended action.
RESOLUTION NO. 10-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED
CONFIDENTIAL EMPLOYEES, AND SUPERSEDING RESOLUTION 07-90
RESOLUTION NO. 10-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING EMPLOYER PAID MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) FOR UNREPRESENTED
CONFIDENTIAL EMPLOYEES
Motion carried 5-0
14. SALARY RESOLUTION FOR UNREPRESENTED UNREPRESENTED PART-
TIME NON-BENEFITTED EMPLOYEES AND ESTABLISHMENT OF
EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) FOR
EMPLOYEES WHO ARE MEMBERS OF CALPERS
City Council/Redevelopment Agency May 18, 2010
Minutes Page 7 of 10
Adoption of the attached Resolutions will authorize compensation adjustments
for unrepresented Part-Time Non-Benefitted employees and reduce the City's
expenditures in accordance with previous Council direction.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve the recommended action.
RESOLUTION NO. 10-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION FOR UNREPRESENTED PART-TIME
NON-BENEFITTED EMPLOYEES
RESOLUTION NO. 10-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING EMPLOYER PAID MEMBER
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) FOR UNREPRESENTED PART-TIME
NON- BENEFITTED EMPLOYEES WHO ARE MEMBERS OF CALPERS
Motion carried 5-0
15. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION AND ESTABLISHMENT OF EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
Adoption of the attached Resolutions and Memorandum of Understanding
(MOU) will authorize compensation adjustments for employees in classifications
represented by the Tustin Municipal Employees Association (TMEA) and reduce
the City's expenditures in accordance with Council direction.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve the recommended action.
RESOLUTION NO. 10-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION
PLANS FOR THE CITY OF TUSTIN AND APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN
AND THE TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION,
CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT
RESOLUTION NO. 10-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ESTABLISHING EMPLOYER PAID MEMBER
City Council/Redevelopment Agency May 18, 2010
Minutes Page 8 of 10
CONTRIBUTIONS TO
RETIREMENT SYSTEM
REPRESENTED BY
ASSOCIATION
Motion carried 5-0
THE CALIFORNIA PUBLIC EMPLOYEES'
FOR EMPLOYEES IN CLASSIFICATIONS
THE TUSTIN MUNICIPAL EMPLOYEES
16. SET DATE FOR FISCAL YEAR 2010-11 BUDGET WORKSHOP
Staff is requesting that the City Council schedule a Budget Workshop for Fiscal
Year 2010-11. The draft budget will be submitted to the City Council prior to the
budget workshop.
At Councilmember Davert's suggestion, the meeting was set for June 1, 2010 at
4:30 p.m.
At Mayor Amante's suggestion, the special meeting regarding Coventry Court
was rescheduled from 5:00 p.m. on July 7, 2010 to 6:00 p.m. on July 7, 2010.
17. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
None
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Gavello:
• Attended the American Vietnamese Commerce event in Westminster; spoke to its
president about having an event in Tustin
• Attended the Tustin Area Council for Fine Arts Scholarship Ceremony
• Attended the grand opening of the Tustin Meadows Clubhouse and pool
• Attended a Water Summit; mentioned an economist from Australia and how they
handle their lack of water
• Attended the ribbon cutting for Wedding Pantry, Jemie Saukoo Events, and Utterly
Engaged
Councilmember Doug Davert:
• Reported that the quiet zone in the Tustin Meadows area is progressing
• Thanked employee groups who helped the City balance its budget by contributing
to their own pensions
• Reminded that Tustin Public Schools Foundation will be holding a teacher of the
year event on May 27 at 6:00 p.m. at the Irvine Marriott
• Shared that Tustin's American Legion Post will be participating in the Tri-cities Post
City Council/Redevelopment Agency May 18, 2010
Minutes Page 9 of 10
and at Fairhaven Cemetery on Memorial Day; encouraged all to attend
• Shared that the Street Fair is on June 6
• Mentioned that flyers were put on trash cans throughout the city and that this was
done by a private company and not offered or endorsed by the City of Tustin
• Shared that on Thursday there will be an Orange County Fire Authority recognition
event; also reported that OCFA balanced its budget but is aware of amulti-million
dollar deficit for the future budget and is planning for that now
Councilmember Jim Palmer:
• Referred to Ordinance 1354 addressed earlier and suggested bifurcating the
ordinance for items not health and safety related; suggested a compromise might
be reached between neighbors prior to citations being issued
Mayor Pro Tem Nielsen:
• Reported that at the SCAG General Council elected new officers, and approved a
10% dues waiver; seven scholarships were awarded
• Shared that the quiet zone near Tustin Meadows, initiated by former Mayor Lou
Bone, is moving and construction is underway
• Congratulated his son, Dane, for placing third in the 100 freestyle for Century
League and fourth in the 50 freestyle at the Century League finals
• Attended the ribbon cutting and opening of the Tustin Meadows Clubhouse and
thanked Larry Sample for all the work he put in
• Shared there will be an English High Tea at Wilcox Manor Saturday, June 12, to
raise funds for multiple Tustin nonprofit organizations
• Invited all to attend the Tustin Street Fair and Chili Cookoff Sunday, June 6
Mayor Amante:
• Discussed the lack of support from the State Board of the League of California
Cities concerning the burden on Southern California caused by AB32 and SB375.
Cities are under budgetary pressure and SCAG approximates the cost to
implement will be $25 million for planning. OCTA and OCCOG approximate local
cost at $2 million for planning alone. With funds that would have been used for
Orange County infrastructure. Orange County Division vote expressed no
confidence in LOCC President Lowe. Board of Directors, Executive Director Chris
McKenzie and in its staff.
• Shared that OCTA's $1.2 billion budget is balanced, has reserves it needs, but has
cut out 500,000 bus service hours, laid off more than 280 mechanics and bus
drivers, and are laying off 42 administrative employees.
ADJOURNED - 8:10 p.m. The next regular meeting is scheduled for Tuesday, June 1,
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.
Adjourned Meeting in Memory of
Anne Marie Ropele
City Council/Redevelopment Agency May 18, 2010
Minutes Page 10 of 10