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Home My WebLink About00 CC AGENDA 6-01-10CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT .•....~._ AGENCY ~~ . John Nielsen, Mayor Pro Tem Doug Davert, Councilmember Jim Palmer, Councilmember Jerry Amante, Mayor Deborah Gavello, Councilmember JUNE 1, 2010 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN William A. Huston, City Manager Douglas Holland, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer SPECIAL MEETING 4:30 P.M. ~~ _ ~~. CALL TO ORDER -Meeting #2237 ATTENDANCE PUBLIC INPUT -Members of the public may address the City Council on items on the Special Meeting Agenda. WORKSHOP -Fiscal Year 2010/11 Budget ADJOURNMENT CLOSED SESSION MEETING 5:30 P.M. ~~ _ _ ~,;~ CALL TO ORDER -Meeting #2237 ATTENDANCE 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. 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. CONFERENCE WITH LEGAL COUNSEL -EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] -Two Cases B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR 54956.8] -One Case Property Address/Description Agencv: City/Agencv Negotiator: Negotiating Parties: Under Negotiation: [Govt. Code A triangular remnant property east of the current constructed alignment of Del Amo Avenue, north of the property owned by SchoolsFirst Federal Credit Union at 15552 Del Amo, which includes a portion of the property at 15332 Del Amo formerly owned by AAE and acquired by the City of Tustin and an abandoned portion of the former Del Amo Avenue (not yet formerly vacated by the City pursuant to State Law) City of Tustin Christine Shingleton, Assistant City Manager Francisco Nebot, Senior Vice President, SchoolsFirst Price and Terms of Payment (Purchase) C. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code § 54956.9(a)] -Two Cases • Tustin Unified School District v. City of Tustin et al., Case No. 30-2010- 00345476, Orange County Superior Court • 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 JOINT REGULAR CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING 7:00 P.M. ~~ _ ~~ CALL TO ORDER -Meeting #2237 INVOCATION - Councilmember Palmer City Council/Redevelopment Agency June 1, 2010 Meeting Agenda Page 2 of 10 PLEDGE OF ALLEGIANCE -Girl Scout Troop 1162 ROLL CALL -City Clerk Stoker CLOSED SESSION REPORT -City Attorney Holland PRESENTATIONS • Kids Run the O.C. (Myford Elementary, Ms. Amster) • Resolution to Jeff Thompson in recognition of participation on OCTA's Bicycle Ad Hoc Committee • Council Update by OCTA regarding Central County Corridor Major Investment Study (Andrea West, OCTA) 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 item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action related to land use or fees. (Agenda Items 1-3) 1. CODE AMENDMENT 10-003 (ORDINANCE NO. 1380), MASSAGE ESTABLISHMENTS On September 27, 2008, the Governor signed Senate Bill (SB) 731 into law, relating to massage therapy. Code Amendment 10-003 is proposed to achieve consistency with State law, codify new massage regulations, and protect the public health, safety, and welfare. Proposed Code Amendment 10-003 (Ordinance No. 1380) would: 1. Require all massage therapists and practitioners in Tustin to be certified by the California Massage Therapy Council (CAMTC). 2. Provide a grace period to existing massage technicians and operators holding Valid City of Tustin permits. 3. Require all massage owners and operators to obtain new establishment permits from the City. 4. Amend the Zoning Code to allow massage establishments as an outright permitted use in the Retail Commercial (C-1 ), Central Commercial (C-2), and City Council/Redevelopment Agency June 1, 2010 Meeting Agenda Page 3 of 10 Commercial General (C-G) zoning districts. On May 11, 2010, the Tustin Planning Commission adopted Resolution No. 4146, recommending that the Tustin City Council adopt Ordinance No. 1380, relating to the regulation of massage establishments and massage therapists and practitioners. Recommendation: Introduce and have first reading of Ordinance No. 1380 to amend Tustin City Code Sections 3121, 3141, 3711-3713, 9232, and 9297; repeal Part 2 of Chapter 6 of Article 3 of the Tustin City Code; and adopt Part 6 of Chapter 6 of Article 3 of the Tustin City Code to regulate massage establishments, therapists, and practitioners in accordance with State law. ORDINANCE NO. 1380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING PART 2 OF CHAPTER 6 OF ARTICLE 3 OF THE TUSTIN CITY CODE, ADDING PART 6 OF CHAPTER 6 OF ARTICLE 3 OF THE TUSTIN CITY CODE, AND AMENDING ARTICLE 3 AND ARTICLE 9 OF THE TUSTIN CITY CODE RELATING TO REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS AND PRACTITIONERS 2. PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2010-2011 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 was completed and approved by the City Council at their May 4, 2010 meeting. The City Council also declared its intention to levy annual assessments and set a public hearing for June 1, 2010. The City Council will conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 10-56 confirming the annual assessments for Fiscal Year 2010-2011. Recommendation: That the City Council take the following actions: 1. Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2010-2011; and 2. Adopt Resolution No. 10-56 confirming the annual assessments for Fiscal Year 2010-2011. RESOLUTION NO. 10-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council/Redevelopment Agency June 1, 2010 Meeting Agenda Page 4 of 10 TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2010-2011 3. 2010 JUSTICE ASSISTANCE GRANT (JAG) Congress established the Byrne Justice Assistance Grant (JAG) program in the 2005 Omnibus Appropriations Package. The JAG program blends the previous Edward Byrne Formula Grant (Byrne) and the Local Law Enforcement Block Grant (LLEBG) programs into one program, which is intended to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. The Police Department proposes to use the 2010 JAG funds to provide supplemental funding to the Proactive Methamphetamine Task Force (PROACT) and to purchase a digital audio/video recording and storage system for police interview rooms. Recommendation: That the City Council: 1. Open and close a public hearing; 2. Authorize the Police Department to apply for JAG funding through the County of Orange, and use the funds as recommended; 3. Authorize the Chief of Police to sign any grant-related paperwork on behalf of the City, including the Transfer Agreement authorizing reimbursement from the County of Orange to the City of Tustin. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine 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 4 through 12) 4. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON MAY 18, 2010 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council and Redevelopment Agency held on May 18, 2010. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,062,981.63, $188,264.14, $3,040,117.63, and Payroll in the amount of $723,581.18. City Council/Redevelopment Agency June 1, 2010 Meeting Agenda Page 5 of 10 6. CONSIDERATION OF CLAIM OF EMELIDA MCLEAN, CLAIM NO. 10-07 The Claimant alleges that she backed into equipment that was left in her driveway by a City water crew, resulting in damage to her vehicle. A City water crew was working near the claimant's home to relocate a fire hydrant. Equipment and parts were located on Bergen Circle while the work was being done. No equipment or parts were in the claimant's driveway. The claimant was aware that the City crew was working on the hydrant. There was a 30-inch hydrant spool on white bricks located adjacent to claimant's driveway, which claimant backed into. Claimant is also alleging damage to the front of her vehicle, which several witnesses state did not occur as a result of this incident. Recommendation: That the City Council deny Claim Number 10-07, Emelida McLean, and direct Staff to send notice thereof to the Claimant. 7. APPROVAL OF PLANS & SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PARK PLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT LAUREL GLEN AND MAGNOLIA TREE PARKS (CIP No. 2064) This project includes the purchase and installation of playground equipment and ADA required playground surfacing and ramps. Recommendation: That the City Council approve Resolution No. 10-55, approving specifications for the purchase and installation of new playground equipment at Laurel Glen and Magnolia Tree Parks (CIP No. 2064), and authorizing the City Clerk to advertise for bids. RESOLUTION NO. 10-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR RE-BIDDING FOR PARKPLAYGROUND EQUIPMENT PURCHASE AND INSTALLATION AT LAUREL GLEN AND MAGNOLIA TREE PARKS (CIP No. 2064) 8. EXTENSION OF AUDITING SERVICES Due to the finance software conversion and the incorporation of business license processing within the Finance Department, staff time is limited. Staff proposes a one year extension with Macias Gini & O'Connell LLP, a California limited liability partnership ("MGO") for auditing services for fiscal year ending June 30, 2010 due to staffs limited time constraints. Recommendation: That the City Council approve amendment no. 2 to the City Council/Redevelopment Agency June 1, 2010 Meeting Agenda Page 6 of 10 agreement for auditing services with MGO. 9. NOVEMBER 2, 2010 GENERAL MUNICIPAL ELECTION Adoption of the proposed resolutions will call the election, consolidate election services with the County Orange, and set the Candidate Statement fees and regulations. Recommendation: 1. Adopt Resolution 10-58 calling and giving notice of election and requesting the Board of Supervisors of Orange County to consolidate a General Municipal Election of the City of Tustin with the State's General Election. 2. Adopt Resolution 10-59 establishing a charge for Candidate Statements to be submitted to the electorate in the November 2010 General Municipal Election. RESOLUTION NO. 10-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF ELECTION AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE RESOLUTION NO. 10-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY COUNCIL PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 10. REVIEW OF CITY'S CONFLICT OF INTEREST CODE The Political Reform Act requires that no later than July 1 of each even- numbered year, the City Council direct a review of the City's Conflict of Interest Code. Recommendation: That the City Council direct the City Manager, or designee, to have the City's Conflict of Interest Code reviewed, file a statement of review with the City Council no later than October 1, 2010 and revise the Conflict of Interest Code based upon such review, if necessary. City Council/Redevelopment Agency June 1, 2010 Meeting Agenda Page 7 of 10 11. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS ASSOCIATION -POLICE MANAGEMENT REPRESENTATION UNIT 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 Officers Association -Police Management Representation Unit (TPMA) and reduce the City's expenditures in accordance with Council direction. Recommendation: That the City Council adopt the following resolutions: 1. Resolution No. 10-60 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPMA for the period of June 21, 2010 through June 30, 2011; and 2. Resolution No. 10-61 establishing Employer Paid Member Contributions of 4.5% for all employees in classifications represented by TPMA. RESOLUTION NO. 10-60 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 OFFICERS ASSOCIATION - POLICE MANAGEMENT REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 10-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE TUSTIN POLICE OFFICERS ASSOCIATION - POLICE MANAGEMENT REPRESENTATION UNIT 12. MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS ASSOCIATION -POLICE OFFICER REPRESENTATION UNIT 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 Officers Association - Police Officer Representation Unit (TPOA) and reduce the City's expenditures in accordance City Council/Redevelopment Agency June 1, 2010 Meeting Agenda Page 8 of 10 with Council direction. Recommendation: That the City Council adopt the following resolutions: 1. Resolution No. 10-62 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPOA for the period of June 21, 2010 through June 30, 2011;and 2. Resolution No. 10-63 establishing Employer Paid Member Contributions of 4.5% for all employees in classifications represented by TPOA who are Local Safety members of the California Public Employees' Retirement System (CaIPERS); and 3. Resolution No. 10-64 establishing Employer Paid Member Contributions of 2.5% for all employees in classifications represented by TPOA who are Local Miscellaneous members of the California Public Employees' Retirement System (CaIPERS). RESOLUTION NO. 10-62 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 OFFICERS ASSOCIATION - POLICE OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 10-63 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 EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE TUSTIN POLICE OFFICERS ASSOCIATION -POLICE OFFICER REPRESENTATION UNIT WHO ARE CALPERS LOCAL SAFETY MEMBERS RESOLUTION NO. 10-64 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 EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE TUSTIN POLICE OFFICERS ASSOCIATION -POLICE OFFICER REPRESENTATION UNIT WHO ARE CALPERS LOCAL MISCELLANEOUS MEMBERS City Council/Redevelopment Agency June 1, 2010 Meeting Agenda Page 9 of 10 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 13 through 14) 13. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. 14. SELECTION OF EXECUTIVE SEARCH FIRM FOR CITY MANAGER RECRUITMENT With the pending retirement of Mr. Huston, the City requested and received proposals from several executive search firms to conduct a recruitment to fill our City Manager position. Based on the recommendation from Mayor Amante and Councilmember Davert, they recommend selecting Teri Black & Company as the firm to conduct the executive search for City Manager. Recommendation: That the City Council support the recommendation to contract with Teri Black-Brann to provide executive search services for the City Manager position and authorize the Director of Human Resources to enter into an agreement with Teri Black & Company for professional consulting services. OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council ADJOURNMENT -The next regular meeting is scheduled for Tuesday, June 15, 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 June 1, 2010 Meeting Agenda Page 10 of 10