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Home My WebLink AboutCC Minutes 2010-05-18MINUTES 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 members present. CALL TO ORDER -Meeting #2236 at 7:03 p.m. City Council/Redevelopment Agency May 18, 2010 Minutes Page 1 of 10 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 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. City Council/Redevelopment Agency May 18, 2010 Minutes Page 2 of 10 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. 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 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 City Council/Redevelopment Agency May 18, 2010 Minutes Page 3 of 10 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. 7. 8 9 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 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 COUNCIL OF THE CITY OF TUSTIN, City Council/Redevelopment Agency May 18, 2010 Minutes Page 4 of 10 CALIFORNIA, AUTHORIZING TAX DEFERRED MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM UNDER INTERNAL REVENUE CODE SECTION 414(h)(2) 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 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 F ° 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 5 of 10 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. 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 COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR UNREPRESENTED SUPERVISORY City Council/Redevelopment Agency May 18, 2010 Minutes Page 6 of 10 EMPLOYEES 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 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 City Council/Redevelopment Agency May 18, 2010 Minutes Page 7 of 10 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 MEMORANDUM OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL 15. 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 CALIFORNIA, ESTABLISHIN CONTRIBUTIONS TO THE RETIREMENT SYSTEM FOR REPRESENTED BY THE ASSOCIATION COUNCIL OF THE CITY OF TUSTIN, G EMPLOYER PAID MEMBER CALIFORNIA PUBLIC EMPLOYEES' EMPLOYEES IN CLASSIFICATIONS TUSTIN MUNICIPAL EMPLOYEES Motion carried 5-0 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. City CounciURedevelopment Agency May 18, 2010 Minutes Page 8 of 10 At Councilmember Davert's suggestion, the meeting was set for June 1, 2010 at 4:30 p.m. 17. 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. 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 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 dv~ar deficit for the future budget and is planning for that now Councilmember Jim Palmer: b Referred to Ordinance 1354 addressed earlier and suggested bifurcating the ord~-ance for items not health and safety related; suggested a compromise might be reached between neighbors prior to citations being issued Mayor Pro Tem Nielsen: City CounciURedevelopment Agency May 18, 2010 Minutes Page 9 of 10 • 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 ~Y r MELA STO ER, City Clerk City Council/Redevelopment Agency May 18, 2010 Minutes Page 10 of 10