HomeMy WebLinkAbout05 CC Action AgendaITEM #5
Report to the
Pl~.nning Commission
DATE: JUNE 22, 2010
SUBJECT: CITY COUNCIL ACTION AGENDAS
JUNE 1 AND 15, 2010
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
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ATTACHMENT: CITY COUNCIL ACTION AGENDAS
JUNE 1 AND 15, 2010
ACTION AGENDA
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
54956.8] -One Case
Property Address/Description:
AgencX:
[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
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 1 of 10
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)J -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
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
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 2 of 10
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.
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.
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 3 of 10
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
Motion carried 5-0
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 WITHtN THE BOUNDARIES OF THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR
2010-2011
3
Motion carried 4-1 (Mayor Amante dissented)
2010 JUSTICE ASSISTANCE GRANT (JAG)
Congress established the Byrne Justice Assistance Grant (JAG} program in the
City CounciURedevelopmentRgency June 1, 2010
Action Agenda Page 4 of 10
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 staffs 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.
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
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 5 of 10
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.
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.
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 6 of 10
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'
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.
City CounciURedevelopmentRgency June 1, 2010
Action Agenda Page 7 of 10
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
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
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 8 of 10
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.
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
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 9 of 10
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 10cn
• 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
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.
City Council/Redevelopment Agency June 1, 2010
Action Agenda Page 10 of 10
ACTION AGENDA
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL, REDEVELOPMENT AGENCY AND TUSTIN PUBLIC
FINANCING AUTHORITY
June 15, 2010
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2238 at 5:30 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert, and
Jim Palmer
Absent: Mayor Pro Tem/Chair Pro Tem John Nielsen and
Councilmember/Agencymember Deborah Gavello
City Clerk: Erica Rabe, City Clerk Services Specialist
Others Present: William Huston, City Manager; and Doug Holland, City Attomey
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 Attomey, 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
[Gaut. Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt.
Code § 54956.9(a)] -Three 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
• Marble Mountain Partners, LLC v. City of Tustin et al., Orange County
Superior Court Case No. 30-2008-.0011668
C. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION [Govt.
Code § 54956.9(c)J -Two Cases
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 1 of 12
RECESSED - At 5:34 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
JOINT REGULAR CITY COUNCIL, REDEVELOPMENT AGENCY AND
TUSTIN PUBLIC FINANCING AUTHORITY
MEETING
7:00 P.M.
,.
CALL TO ORDER -Meeting #2238 at 7:01 p.m.
INVOCATION -Councilmember Palmer
PLEDGE OF ALLEGIANCE -Councilmember Davert
ROLL CALL -City Clerk Stoker
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Doug Davert, and Jim
Palmer
Absent: Councilmember/Agencymember Deborah Gavello
City Clerk: Pamela Stoker, City Clerk
Others Present: William Huston, City Manager; and Doug Holland, City Attorney
CLOSED SESSION REPORT - City Attomey Holland -The Council unanimously
approved settlements on pending cases and provided direction to the City Attorney's office
to resolve those cases:
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
Marble Mountain Partners, LLC v. City of Tustin et al., Orange County
Superior Court Case No. 30-2008-.0011668
PRESENTATIONS
Mayor Amante presented cert~cates with Nancy Bany to the 2010 Tustin
Community Pride Student Essay and Poster Contest Winners:
Madison J. Chang Tustin Ranch Elementary Essay
Gisele Tevy Robinett Tustin Ranch Elementary Poster
Bryan Ho Nelson Elementary Essay
Anita Flores Nelson Elementary Poster
Taylor Horton-Pope Utt Middle School Essay
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 2 of 12
Marilyn Nguyen Utt Middle School Essay
Alejandro Maldonade Utt Middle School Poster
Jessenia Sanchez Utt Middle School Poster
Joana Duarte Utt Middle School Essay
ORAL COMMUNICATION /PUBLIC INPUT -
• AI Murray- Acknowledged Don Ropele and Marilyn Esposito for a successful Chili
Cook Off and thanked all staff for their efforts at the event
• Edward Chizkov -Asked staff to explain the foundation of Ordinance No. 1354
• Stephen Ignathis - Reqested police patrol at the intersection of AnaTree and
Raintree
PUBLIC HEARING ITEMS
ADOPTION OF RETAIL WATER RATES -PUBLIC HEARING RESOLUTION
NO. 10-57
Presentation by Public Works Director Doug Stack and Finance Director Pam
Arends-King
The purpose of the public hearing, under the California Constitution
("Proposition 218") is to permit the property owners to comment upon or present
objections to the proposed water rate increases. The proposed rate increases
will (1) generate the necessary revenues to meet ongoing operations and
maintenance expenses and eliminate a General Fund subsidy; (2) generate the
necessary revenues to meet ongoing operations, maintenance expenses and
debt financing for major capital projects; and meet current bond covenant
requirements; (3) expand the current rate structure from four to seven tiers; (4)
establish a capital project fee solely dedicated for non-debt financed capital
improvement projects; (5) provide for a new pass-through provision to account
for unanticipated third party charges related to the purchase of electricity and/or
imported water; and (6) establish Water Demand Reduction Stages (WDRS)
that would enable the City to comply with wholesale water use restrictions in
response to regional water shortage conditions as necessary. The WDRS was
included within the official Proposition 218 notice of Public Hearing to ensure
proper noticing and compliance. Only upon specific City Council authorization
can a WDRS be declared and put into action.
The proposed rate increases would be effective July 1, 2010 for fiscal year
2010-11 and July 1St in subsequent fiscal years. The typical residential customer
(a residential user with a 5/8 or 3 ! 4 inch meter and consuming about 40 units}
would experience an increase of 17.8% in FY 2010-11, 14.13% in FY 2011-12,
6.31 % in FY 2012-13 through FY 2014-15. Additionally, the pass-through
provision is restricted to-not-exceed 7% of the annual water charges.
Public hearing opening at 7:57 p.m.
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 3 of 12
Public Input -
In opposition:
• Dale Stark
• David Ash
• Douglas Chapman
• Ken Weir
• Richard Nelson
Neutral:
• Ryder Todd Smith
In opposition:
• Robert Morton
• Berklee Maughan
Public hearing closed at 9:09 p.m.
RECESSED at 9:09 p.m.
RECONVENED at 9:20 p.m.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Davert to approve Resolution 10-57 approving the rate increases with the
following change: modify the proposed rates by reducing the rates in the first
two years by a total of 5% and increasing the rates in years three through five
by an amount not-to-exceed a 1 % per year to offset but not exceed the 5%
reduction in the 1•irst two years. The Finance Director is authorized to make
such changes in the fee schedules consistent with the Council direction as
provided in this motion.
Motion carried 3-1 (Councilmember Palmer dissenting)
CONSENT CALENDAR ITEMS - It was moved by Councilmember/Agencymember Davert
and seconded by Councilmember/Agencymember Palmer to pull consent calendar items
7, 8, 9, and 12 and to approve the balance of the consent calendar items as recommended
by staff.
Motion carried 4-0
2. APPROVAL OF MINUTES -REGULAR MEETING OF THE JOINT CITY
COUNCIL AND REDEVELOPMENT AGENCY HELD ON JUNE 1, 2010
Recommendation: Approve the Action Minutes of the Regular Meeting of the
Joint City Council and Redevelopment Agency held on June 1, 2010.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 4 of 12
Recommendatian: Approve demands in the amounts of $2,155,510.53,
$15,864.86, $474,333.55, and Payroll in the amount of $677,828.59.
4. CONSIDERATION OF CLAIM OF JACOB SOUTSO, CLAIM NO. 09-37
The Claimant sustained personal injuries and property damage as a result of an
auto vs. motorcycle accident that occurred on April 15, 2009 at the intersection
of Tustin Ranch Road and EI Camino Real. The claimant is alleging that the
City created and/or maintained a dangerous condition at the intersection,
including but not limited to a dangerous traffic signal. The claimant/motorcyclist
was found at fault in the accident, as opposing traffic still had a yellow signal
and he did not wait for the intersection to clear before entering it.
Recommendation: That the City Council deny Claim Number 09-37, Jacob
Soutsos, and direct Staff to send notice thereof to the Claimant.
5. CONSIDERATION OF CLAIM OF ALEX NAGHIBI, CLAIM NO. 10-04
The Claimant alleges that roots from a City tree created blockage in his sewer
lateral.
Recommendatian: That the City Council deny Claim Number 10-04, Alex
Naghibi, and direct Staff to send notice thereof to the Claimant.
6. SET A PUBLIC HEARING FOR PUBLIC HEALTH GOALS (PHGs) 2007-2009
REPORT
The California Health and Safety Code requires that water utility agencies with
more than 10,000 service connections prepare a report every three years and
conduct a public hearing to provide information to consumers on the levels of
contaminants in the City's drinking water.
Recommendation: It is recommended the City Council set a public hearing for
July 6, 2010 at 7:00 p.m. to receive and respond to public comments on the City
of Tustin 2007-2009 Public Health Goal Report.
7. APPROVE A LICENSE AGREEMENT FOR LEMON GROVE MAINTENANCE
AT CITRUS RANCH PARK
In order to preserve the lemon grove at Citrus Ranch Park, staff has negotiated
a license agreement with a qualified vendor to maintain the grove and the
agreement is now ready for City Council approval.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Davert to approve the recommended action.
Motion carried 4-0
City Council/Redevelopment AgencylPublic Financing Authority June 15, 2010
Action Agenda Page 5 of 12
8. APPROVAL OF CONTRACT AMENDMENT NO. 4 FOR SPECTRUM CARE
LANDSCAPE AND IRRIGATION MANAGEMENT, INC. FOR LANDSCAPE
MAINTENANCE SERVICES IN THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT
Staff is requesting the City Council to approve a contract amendment with
SpectrumCare Landscape and Irrigation Management, Inc. (SpectrumCare) to
provide a one (1) year extension to the existing landscape maintenance contract
for the Tustin Landscape and Lighting District. The proposed amendment will
result in a 4% decrease from the existing contract fee and will also require the
performance of additional maintenance by the Contractor at no additional cost
to the District.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Davert to approve the recommended action.
Motion carved 4-0
9. APPROVAL OF CONTRACT AMENDMENT NO. 5 FOR SPECTRUM CARE
LANDSCAPE AND IRRIGATION MANAGEMENT, INC. FOR LANDSCAPE
MAINTENANCE SERVICES IN THE GENERAL FUND AND TUSTIN LEGACY
AREAS OF THE CITY
Staff is requesting the City Council to approve a contract amendment with
SpectrumCare Landscape and Irrigation Management, Inc. (SpectrumCare) to
provide a one (1) year extension to the existing landscape maintenance contract
for the General Fund and Tustin Legacy areas in the City. The proposed
amendment will result in a 4% decrease from the existing contract fee and will
also require the performance of additional maintenance by the Contractor at no
additional cost to the City.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Davert to approve the recommended action.
Motion carried 4-0
10. APPROVE THE ANNUAL MEASURE M ELIGIBILITY SUBMITTAL PACKAGE,
FISCAL YEAR 2010-2011
In order to maintain Measure M eligibility, the City is required to annually submit
a compliance package to the Orange County Transportation Authority (OCTA).
Recommendation: It is recommended that the City Council take the following
actions:
1. Adopt Resolution No. 10-65 concerning the City's Circulation Element for
Master Plan of Arterial Highways consistency; and
2. Adapt the attached draft Measure M .Growth Management Program
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 6 of 12
Seven-Year Capital Improvement Program (Fiscal Year 2010-2011
through Fiscal Year 2016-2017); and
3. Authorize the Director of Public Works/City Engineer to submit the City
of Tustin's Measure M eligibility package to the Orange County
Transportation Authority.
RESOLUTION NO. 10-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION
ELEMENT FOR THE CITY OF TUSTIN
11. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and File.
12. CROSSING GUARD PROGRAM CONTRACT RENEWAL
The crossing guard contract with All City Management Services, Inc. is up for
renewal for the 2010-2011 school year.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Davert to approve the recommended action.
Motion carried 4-0
REGULAR BUSINESS ITEMS
13. RESOLUTION NO. 10-67 & RDA RESOLUTION NO. 10-06 APPROPRIATING
FUNDS FOR VARIOUS CITY BUDGETS FOR THE FISCAL YEAR 2010/2011
The City Council is requested to approve the attached Resolution adopting the
budgets for the City and the Water Enterprise for Fiscal Year 2010/2011.
Motion: It was moved by Councilmember/Agencymember Davert and seconded
by Mayor Pro Tem/Chair Pro Tem Nielsen to approve the recommended action.
RESOLUTION NO. 10-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING
FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL
YEAR 2010- 2011
RDA RESOLUTION NO. 10-06
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
City CouncitlRedevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 7 of 12
THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE AGENCY BUDGET
AND APPROPRIATING FROM ANTICIPATED REVENUE OF THE
AGENCY FOR THE FISCAL YEAR 2010-2011
14.
Motion carried 4-0
APPROPRIATION LIMIT FOR FISCAL YEAR 2010/2011
Article XIII B of the State Constitution requires each City to annually adopt a
limit on appropriations for all governmental funds. The following
recommendation and attached worksheets are based on the Proposed Budget
as presented to the City Council
Motion: It was moved by Councilmember Davert and seconded by Mayor Pro
Tem Nielsen to approve the recommended action.
RESOLUTION NO. 10-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DETERMINING AND ADOPTING AN APPRPRIATION LIMIT
FOR THE FISCAL YEAR 2010-2011 IN ACCORDANCE WITH ARTICLE
XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND
SECTION 7910 OF THE GOVERNMENT CODE
15.
Motion carved 4-0
SALARY RESOLUTION FOR THE ELECTED CITY CLERK
Adoption of the attached Resolution will authorize compensation and benefits
adjustments for the elected City Clerk in accordance with Council direction.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Palmer to approve the recommended action.
RESOLUTION NO. 10-66
A RESOLUTION OF THE
CALIFORNIA, AMENDING
ELECTED CITY CLERK
16.
Motion carried 4-0
CITY COUNCIL OF THE CITY OF TUSTIN,
COMPENSATION AND BENEFITS FOR THE
INTRODUCTION OF ORDINANCES AMENDING COMPENSATION AND
BENEFITS PROVIDED TO CITY COUNCIL MEMBERS
Adoption of the attached Ordinances will amend compensation and benefits
provided to members of the City Council pursuant to Council direction.
Motion: It was moved by Councilmember Davert and seconded by
Councilmember Palmer to approve the recommended action.
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 8 of 12
ORDINANCE NO. 1383
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 1303 OF THE TUSTIN CITY CODE
RELATING TO CITY COUNCIL COMPENSATION AND ADDING SECTION
1308 RELATING TO CITY COUNCIL BENEFITS
ORDINANCE NO. 1384
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 9503 OF THE TUSTIN CITY CODE
RELATING TO COMPENSATION AND EXPENSES OF MEMBERS OF
THE TUSTIN COMMUNITY DEVELOPMENT COMMISSION
Motion carried 4-0
17. APPOINTMENT OF INTERIM CITY MANAGER
William A. Huston, the City Manager since 1981, has provided the City Council
with his intent to retire in July. The City has initiated a process to begin an
executive search for a new City Manager. We anticipate a limited period of time
between the City Manager's retirement and the appointment of his replacement
and suggest Mr. Huston remain as a part-time employee continuing to serve as
City Manager.
Motion: It was moved by Councilmember Davert and seconded by Mayor
Amante to approve the recommended action.
Motion carried 4-0
18. SECOND READING OF 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.
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 9 of 12
4146, recommending that the Tustin City Council adopt Ordinance No. 1380,
relating to the regulation of massage establishments and massage therapists
and practitioners.
Motion: It was moved by Councilmember Davert, seconded by Councilmember
Palmer to have second reading by title only and adoption of Ordinance No.
1380 (roll call vote).
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 4-0
19. LEGISLATIVE REPORT
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
Mayor Amante:
Council will discuss the issue of Rule of Law city and support for Arizona's
immigration law at the July 6~', 2010 meeting.
Copies of SB 1445 were provided to staff and Council. Mayor Amante
requested to have a discussion at the July 6"', 2010 meeting.
20. CONSIDER ACTIONS WITH RESPECT TO CITY REMEDIES FOR MATERIAL
DEFAULT UNDER THE DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN TUSTIN LEGACY COMMUNITY PARTNERS, LLC., THE CITY OF
TUSTIN, AND TUSTIN PUBLIC FINANCING AUTHORITY.
Presentation by Assistant City Manager, Christine Shingleton
The City and Tustin Public Financing Authority ("Authority") previously entered
into a Disposition and Development Agreement (Master Development) ("DDA")
with Tustin Legacy Community Partners, LLC ("TLCP" or the "Developer"). The
DDA established the parameters of development and conveyance of certain
property at Tustin Legacy to TLCP. TLCP has not performed under the terms of
the DDA. As a result, the City found the Developer in Material Default under the
DDA. Since the Material Defaults have not been cured by TLCP or the
Developer's Permitted Mortgagee, the City and Authority are being asked to
consider certain actions in response to the uncured Material Defaults. A
Termination Agreement has been prepared which would permit TLCP to
___
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 10 of 12
consensually terminate its obligations under the DDA and Development
Agreement 06-01 and to voluntarily re-convey 335.76 acres of land back to the
City. Absent execution of the Termination Agreement by TLCP, certain
additional actions in response to the uncured Material Defaults with regards to
the DDA and Development Agreement 06-01 are identified for City Council and
Tustin Public Financing Authority consideration.
Public Input -
Elizabeth Cobb- requested an extension to produce the requested loan documents to City
negotiators
RECESSED -11:00 p.m.
RECONVENED - 11:07 p.m.
Motion: It was moved by Councilmember/Agencymember Davert and seconded
by Mayor Pro Tem/Chair Pro Tem Nielsen to approve the recommended action
with the following changes: (1) extend the deadline in Option 1 to the close of
business on July 6, 2010 and require that non-redacted loan documents be
provided to City negotiators by July 6, 2010 as a condition of proceeding with
the agreement; (2) if mod~ed Option 1 is unsuccessful, then staff is directed to
implement Option 2.
Motion carried 4-0
OTHER BUSINESS/COMMITTEE REPORTS -City Manager, City Attorney, City Council
Councilmember Davert:
• Thanked staff for a great time at the Chili Cook-Off
• Congratulated Fountain Valley Mayor, Larry Crandall, as the newly elected Chair
for Orange County Sanitation District
• Mentioned Tustin's schools are out for summer break
• Mentioned that at the Revenue and Taxation Committee meeting on Thursday, July
17, Robin Lowe, President of the State League, will have a presentation on AB 32
and SB 375
Councilmember Palmer: No comments
Mayor Pro Tem Nielsen: No comments
Mayor Amante:
• Reported that Transportation Corridor Agency passed a balanced budget
• Reported that Orange County Transportation Authority passed a balanced budget
• Reported that West County Connectors Project broke ground last week
• Mentioned attending a Rating meeting next week where he will present to Wall
Street how the Orange County Transportation Authority is handling tough economic
times
City Council/Redevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 11 of 12
• Invited residents to attend the Fourth of July parade in Tustin Meadows and the
fireworks show at Tustin High School
ADJOURNMENT - 11:35 p.m. The next regular meeting is scheduled for Tuesday, July 6,
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
Paul Wagner
~~ty c;ouncniKeoevelopment Agency/Public Financing Authority June 15, 2010
Action Agenda Page 12 of 12