HomeMy WebLinkAbout02 CC/RDA MINUTES 06-01-10Agenda Item 2
Reviewed:
City Manager
Finance Director N/A
MINUTES
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
June 1, 2010
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2237 at 7:05 p.m. -Mayor Amante recommended
continuing the closed session meeting until after the regular meeting
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: Pamela Stoker, City Clerk
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 REAL PROPERTY NEGOTIATOR [Govt. Code
54956.8] -One Case
Property Address/Description: A triangular remnant property east of the
current constructed alignment of Del Amo
Avenue, north of the property owned by
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 1 of 11
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)
Agency: City of Tustin
City/Agency Negotiator: Christine Shingleton, Assistant City Manager
Negotiating Parties: Francisco Nebot, Senior Vice President,
SchoolsFirst
Under Negotiation: 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 at 7:06 p.m.
INVOCATION - Councilmember Palmer
PLEDGE OF ALLEGIANCE -Girl Scout Troop 1162
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
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 2 of 11
PRESENTATIONS
• Mayor Amante presented certificates to Ms. Amster's class of Myford Elementary in
recognition of their participation in Kids Run the O.C.
• Mayor Amante presented a resolution to Jeff Thompson in recognition of his
participation on OCTA's Bicycle Ad Hoc Committee
• Tamara Warren of OCTA presented an update of the Central County Corridor Major
Investment Study
ORAL COMMUNICATION /PUBLIC INPUT -
• Phil Cox -spoke regarding Old Town Tustin improvements; thanked staff for
assistance
• Edward Chizkov -asked staff to explain the foundation of city code sections
• Fred Saliba -spoke regarding claim that had been denied by the City
• Ned Smith, Vice Chairman of the Tustin Chamber of Commerce -invited Tustin
residents to attend the State of the City Luncheon on June 10tH
• AI Murray -provided an update on OC Vector Control
• Jeff Thompson -provided an update on OCTA's Citizens Advisory Committee
PUBLIC HEARING ITEMS
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
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.
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 3 of 11
Public hearing opening at 7:42 p.m.
Public hearing closed at 7:42 p.m. with no public input
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to introduce and have the first reading by title only of
Ordinance No. 1380.
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
Motion carried 5-0
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.
Public hearing opening at 7:43 p.m.
Public hearing closed at 7:43 p.m. with no public input
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to adopt Resolution No. 10-56.
RESOLUTION NO. 10-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 4 of 11
LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR
2010-2011
Motion carried 4-1 (Mayor Amante dissented)
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.
Public hearing opening at 7:44 p.m.
Public Input:
• Ralph Klimek -offered to assist in selecting equipment
Public hearing closed at 7:47 p.m.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve staff's recommendation.
Motion carried 5-0
CONSENT CALENDAR ITEMS - It was moved by Councilmember Davert and seconded
by Councilmember Gavello to pull consent calendar items 8, 9,11 and 12 and to approve
the balance of the consent calendar items as recommended by staff.
Motion carried 5-0
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
Action Agenda Page 5 of 11
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 PARK PLAYGROUND 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.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Nielsen to approve staffs recommendation.
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 6 of 11
Motion carried 4-1 (Councilmember Gavello dissented)
9. NOVEMBER 2, 2010 GENERAL MUNICIPAL ELECTION
Adoption of the proposed resolutions will call the election, consolidate election
services with the County of Orange, and set the Candidate Statement fees and
regulations.
Motion: It was moved by Councilmember Gavello and seconded by
Councilmember Davert to approve staffs recommendation.
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
Motion carried 5-0
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.
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'
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 7 of 11
RETIREMENT SYSTEM
Adoption of the attached Resolutions and Memorandum of Understanding
(MOU) will authorize compensation adjustments for employees in classifcations
represented by the Tustin Police Officers Association -Police Management
Representation Unit (TPMA) and reduce the City's expenditures in accordance
with Council direction.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Davert to approve the recommended action.
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
Motion carried 5-0
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
with Council direction.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Davert to approve the recommended action.
RESOLUTION NO. 10-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 8 of 11
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
Motion carried 5-0
REGULAR BUSINESS ITEMS
13. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
None
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.
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 9 of 11
Motion: It was moved by Mayor Amante and seconded by Councilmember
Palmer to approve the recommended action.
Motion carried 5-0
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Gavello: No comments
Councilmember Davert:
• Reported current budget lockdown at the Orange County Fire Authority
• Reported that the Orange County Sanitation District's budget is almost finalized;
Elected new officers -Larry Crandall was elected as Chair and Troy Edgar was
elected as Vice-Chair
• Mentioned the State of the City Luncheon on June 10tH
• Invited all to attend the Street Fair on June 6tH
Councilmember Palmer: No comments
Mayor Pro Tem Nielsen
• Reported that the Orange County Council of Governments approved the
Memorandum of Understanding between OCTA regarding the development of a
sustainable community strategy for Orange County and to comply with state law SB
375; discussed the presentation of Southern California Association of Governments
Regional Green House Gas Reduction Scenarios; reported that the Memorandum
of Understanding agreement between OCCOG and CSU Fullerton Center for
Demographic Research was approved
• Attended the Teacher of the Year Dinner on May 27tH
• Shared that he served on the Mayor's panel for Leadership Tomorrow in Newport
Beach on May 20tH
• Shared that he was honored to speak at the American Legion's Tri-Cities Memorial
Day Ceremony
Mayor Amante:
• Reported the Transportation Agency Corridor Authority and OCTA are in mid-
budgetdiscussions and OCTA is also in labor negotiations; negotiations appear to
be going well although both agencies have suffered from the recession; mentioned
there are a number of issues relative to sustainable community strategy planning
• Expressed importance of agendizing the issue of immigration; a number of cities
are taking positions on which way to move on this issue and it is appropriate to
discuss in the context of tonight's budget discussions; these discussions show the
City has maintained a balanced budget, managed its money well, and maintained
healthy reserves but Tustin as well as other California cities have suffered as a
result of state legislation on the immigration issue
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 10 of 11
RECESSED - At 8:03 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
CLOSED SESSION REPORT - City Attorney Holland -The Council did not take any
reportable action
ADJOURNMENT - 8:35 p.m. 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.
JERRY AMANTE,
Mayor
PAMELA STOKER,
City Clerk
City Council/Redevelopment Agency
Action Agenda
June 1, 2010
Page 11 of 11