HomeMy WebLinkAbout02 CC/RDA MINUTESAgenda Item 2
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City Manager
Finance Director N/A
MINUTES
OF THE JOINT REGULAR MEETING
OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
SEPTEMBER 6, 2011
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER -Meeting #2270 at 5:31 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Rebecca "Beckie"
Gomez and AI Murray
Absent: Councilmember/Agencymember Gavellp
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William A. Huston, Interim City Manager, and David E. Kendig,
Acting 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
Code § 54956.9(b)] -Two Cases
B. CONFERENCE WITH LEGAL COUNSEL
Code § 54956.9(c)] -Two Cases
C. CONFERENCE WITH REAL PROPERTY
-One Case
• Property Address/Description:
Agency:
City/Agency Negotiators:
- EXPOSURE TO LITIGATION [Govt.
INITIATION OF LITIGATION [Govt.
NEGOTIATOR [Govt. Code 54956.8]
2472 Walnut Avenue APN: 432-491-34,
Crossroad Church
City of Tustin
Doug Anderson, Transportation and
Development Services Manager and
Alyson C. Suh, Woodruff Spradlin and
Smart
City Council/Redevelopment Agency September 6, 2011
Minutes Page 1 of 16
Negotiating Parties Crossroad Church, represented by Josh
Beneda, Trustee
Under Negotiation: Price and terms of payment
D. LIABILITY CLAIMS pursuant to Government Code Section 54956.95
• Consideration of Claim of Alan Trudell, Claim No. 11-16
• Consideration of Claim of Brinda Patel, Claim No. 11-17
• Consideration of Claim of Joel Vivanco, Claim No. 11-19
• Consideration of Claim of Maricka Parker, Claim No. 11-21
• Consideration of Claim of Charlie Mariner, Claim No. 11-22
E. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section
54957(b) -City Attorney
F. 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
• SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
David Kendig, Acting City Attorney, reported that on item C of the Closed Session agenda
the City/Agency Negotiators will be Doug Anderson and Assistant City Manager Christine
Shingleton. The second closed session has been scheduled because outside counsel is
unavailable at the earlier session.
***CLOSED SESSION WILL RECONVENE FOLLOWING PUBLIC SESSION***
RECESSED at 5:32 p.m.
RECONVENED at 7:08 p.m.
JOINT CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY MEETING
7:00 P.M.
~`~ ~,
CALL TO ORDER -Meeting #2270 at 7:08 p.m.
INVOCATION -Brett Peterson, OCFA Battalion 7
PLEDGE OF ALLEGIANCE - Councilmember Murray
ROLL CALL -City Clerk
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Rebecca "Beckie"
Gomez and AI Murray
City Council/Redevelopment Agency September 6, 2011
Minutes Page 2 of 16
Absent: Councilmember/Agencymember Gavello
City Clerk: Pamela Stoker, City Clerk
Others Present: William A. Huston, Interim City Manager, and David E. Kendig, Acting
City Attorney
CLOSED SESSION REPORT -
Mayor Amante reported that in Closed Session the City Council took action by a vote of 4-
0 to appoint David Kendig as the City Attorney:
City Attorney David Kendig reported that by a vote of 4-0 the Council directed the initiation
of litigation, and the defendant and other particulars shall be disclosed to any person upon
inquiry once the lawsuit has formally commenced unless to do so would jeopardize the
City's ability to effectuate service of process on one or more unserved parties. Also, by a
vote of 4-0 the City denied claims of Mr. Trudell, Mr. Patel, Mr. Vivanco, Mr. Parker, and
Mr. Mariner. There are no other reportable actions.
PRESENTATIONS
Huggy Ford presented by Councilmember Murray
CALEA accreditation and acknowledgment of staff -presentation by Scott Jordan,
Chief of Police
• 9/11 National Moment of Remembrance
ORAL COMMUNICATION/PUBLIC INPUT -
• Harold Katzman
• Mark Senesac -Requested proclamation for Scouting for Food for Saturday,
October 29, 2011
• Charlene Ashendorf, Laurel House
• Shirley Carlisle, Kinship Center
PUBLIC HEARING ITEMS 1-3
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF)
In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS)
grant program. Proceeds from the program can only be used for front line law
enforcement services that may include the purchase of new equipment, hiring of
additional personnel and increasing the opportunity for training of safety
personnel. For FY 2011-12, we have been notified that the Police Department is
estimated to receive $100,000 in SLESF funding. The allocation for
SLESF/COPS grant funds for all law enforcement agencies is being coordinated
through the Orange County Sheriff's Department. All agencies have been
directed to move forward with expenditure authorization while waiting for the
final grant amounts to be determined.
City Council/Redevelopment Agency September 6, 2011
Minutes Page 3 of 16
The Police Department is proposing that this year's allocation be used to staff
the Crime Analyst position for a sixth consecutive year. Money remaining after
funding this position, if any, will be applied to crime analysis software licensing
and upgrades. This bill requires both a public hearing and a special fund
established for these monies.
The public hearing opened at 7:51 p.m.
The public hearing closed at 7:52 p.m. with no comments
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen that the City Council:
1. Open and close a Public Hearing;
2. Authorize usage of the funds as recommended by the Police Department;
3. Authorize the Chief of Police to sign all documents related to SLESF
program.
Motion carried 4-0
2. ADOPT RESOLUTION NO. 11-51 ORDERING THE VACATION OF A
PORTION OF THE PROPERTY ADJACENT TO EL CAMINO REAL BETWEEN
RED HILL AVENUE AND NEWPORT AVENUE
Adoption of Resolution No. 11-51 will order the vacation of a portion of real
property adjacent to EI Camino Real and a portion of a street easement
between Red Hill Avenue and Newport Avenue that are no longer needed for
public roadway or utility purposes. The adjacent commercial property owners at
1450 EI Camino Real have requested the opportunity to purchase, the property
from the City to expand their existing parking lot. This item was continued by the
City Council from August 2, 2011.
The public hearing opened at 7:54 p.m.
The public hearing closed at 7:54 p.m. with no comments
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gomez that the City Council conduct the public hearing and
adopt Resolution No. 11-51 ordering the vacation of a portion of real property
adjacent to EI Camino Real and a portion of a street easement between Red
Hill Avenue and Newport Avenue.
Motion carried 4-0
RESOLUTION NO. 11-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ORDERING THE VACATION OF A PORTION OF REAL
PROPERTY ADJACENT TO EL CAMINO REAL AND A PORTION OF
AN EASEMENT BETWEEN RED HILL AVENUE AND NEWPORT
City Council/Redevelopment Agency September 6, 2011
Minutes Page 4 of 16
AVENUE
3. TENTATIVE TRACT MAP (TTM) 17404
Presentation by Elizabeth Binsack, Director of Community Development
Tentative Tract Map (TTM) 17404 is a subdivision of a 627.9 acre site into 58
numbered lots and 119 lettered lots for conveyance and financing purposes
only. On July 26, 2011, the Planning Commission adopted Resolution No. 4177
recommending that the City Council adopt Tentative Tract Map 17404.
The public hearing opened at 8:04 p.m.
• Alexander Bowie
The public hearing closed at 8:05 p.m.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray that the City Council adopt Resolution No. 11-60
approving Tentative Tract Map 17404 to subdivide a 627.9 acre site into 58
numbered lots and 119 lettered lots for financing and conveyance purposes
only.
Motion carried 4-0
RESOLUTION NO. 11-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
APPROVING TENTATIVE TRACT MAP 17404 TO SUBDIVIDE A
627.9-ACRE SITE INTO 58 NUMBERED LOTS AND 119 LETTERED
LOTS LOCATED WITHIN NEIGHBORHOODS B, D, AND A PORTION
OF G (PLANNING AREAS 7, $, 13-15) OF THE MCAS TUSTIN
SPECIFIC PLAN GENERALLY BOUNDED BY EDINGER AVENUE TO
THE NORTH, JAMBOREE ROAD TO THE EAST, BARRANCA
PARKWAY TO THE SOUTH, AND ARMSTRONG ROAD TO THE
WEST FOR FINANCING AND CONVEYANCE PURPOSES ONLY.
CONSENT CALENDAR ITEMS 4-13
It was moved by Councilmember/Agencymember Murray and seconded by Mayor Pro
Tem/Chair Pro Tem Nielsen to pull consent items 4, 6, and 7 and to approve the balance
of the consent calendar items as recommended by staff.
Motion carried 4-0
4. APPROVAL OF MINUTES -REGULAR MEETING
AND REDEVELOPMENT AGENCY HELD ON
SPECIAL MEETING OF JOINT CITY COUNCIL
AGENCY HELD ON AUGUST 24, 2011
City Council/Redevelopment Agency
Minutes
OF JOINT CITY COUNCIL
AUGUST 2, 2011 AND
AND REDEVELOPMENT
September 6, 2011
Page 5 of 16
Motion: It was moved by Councilmember/Agencymember Gomez and seconded
by Councilmember/Agencymember Murray to amend #12 of the Action Minutes
of the Regular Meeting of the Joint City Council and Redevelopment Agency
held on August 2, 2011 to include information concerning the survey available
on the City's website regarding the city manager recruitment and also the
timeline for selection and once amended to approve those minutes and the
minutes of the Special Meeting of the Joint City Council and Redevelopment
Agency held on August 24, 2011.
Motion carried 4-0
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $11,315,312.69 and
Payroll in the amounts of $662,927.16 and $659,657.52.
6. TRANSFER OF CURRENT AUTOMATED EXTERNAL
FROM THE POLICE DEPARTMENT TO THE PARKS
DEPARTMENT
DEFIBRILLATORS
AND RECREATION
As part of the FY 2011/2012 budget, the Police Department has been
authorized to purchase ten new automated external defibrillators (AED's). It is
proposed that once the new AED's are put into service, the remaining seven
functional AED's and additional supplies be transferred to the Parks &
Recreation Department to be placed and utilized at various City facilities.
Motion: It was moved by Councilmember Murray and seconded Mayor Pro Tem
Nielsen that the City Council approve the transfer of seven AED's and supplies
from the Police Department to the Parks and Recreation Department.
Motion carried 4-0
7. FY2010 HOMELAND SECURITY GRANT PROGRAM (HSGP)
The Orange County Sheriff-Coroner Department (Sheriffs Department), acting
on behalf of the Orange County Operational Area, has applied for, received and
accepted a grant entitled "FY 2010 Homeland Security Grant Program" (HSGP).
This grant is from the State of California, acting through its California
Emergency Management Agency, to enhance county-wide emergency
preparedness and to help the Operational Area prevent, respond to, and
recover from acts of terrorism, as set forth in the grant guidelines and
assurances that are incorporated into this Agreement by reference.
The California Emergency Management Agency has awarded $6,326,545 to the
County of Orange (Sheriffs Department) for use in the Orange County
Operational Area, for the term of September 13, 2010, through April 30, 2013.
The funds are now available for distribution throughout the Operational Area,
and the City of Tustin, as aSub-Recipient, is authorized to participate in the
City Council/Redevelopment Agency September 6, 2011
Minutes Page 6 of 16
grant funding.
Councilmember Murray requested a presentation on the City's emergency
management plan be agendized in the near future.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray that the City Council:
Adopt Resolution #11-69 designating the Chief of Police or his designee
as the City's authorized representative for the FY 2010 HSGP.
• Approve the FY 2010 HSGP Transfer Agreement between the County of
Orange and the City of Tustin.
Motion carried 4-0
RESOLUTION NO. 11-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS
DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR
THE FY 2010 HOMELAND SECURITY GRANT PROGRAM (HSGP)
8. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS
Redevelopment Agency staff provides on a monthly basis an update of
redevelopment related projects.
Recommendation: Receive and file.
9. APPROVE MASTER FUNDING AGREEMENT NO. C-1-2786 WITH THE
ORANGE COUNTY TRANSPORTATION AUTHORITY FOR M2
COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS
Master Funding Agreement No. C-1-2786 between the City of Tustin and the
Orange County Transportation Authority (OCTA) defines specific terms,
conditions and funding responsibilities for Comprehensive Transportation
Funding Programs (CTFP) and Local Fair Share Program Net Revenues under
Renewed Measure M (M2).
Recommendation: That the City Council approve Master Funding Agreement
No. C-1-2786 with the Orange County Transportation Authority for M2
Comprehensive Transportation Funding Programs and authorize the Mayor and
City Clerk to execute the Agreement on behalf of the City.
10. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE CITY YARD MECHANIC SHOP
ROOF REPLACEMENT CIP NO. 10032
Plans and specifications for the City Yard Mechanic Shop Roof Replacement
City Council/Redevelopment Agency September 6, 2011
Minutes Page 7 of 16
CIP No. 10032 have been prepared and the project is ready to be bid. Staff is
requesting permission to advertise and to purchase, in advance, the necessary
roofing materials utilizing the State Department of General Services pursuant to
Tustin City Code 1624(c).
Recommendation: That the City Council:
1. Adopt Resolution No. 11-58 approving the plans and specifications for
the City Yard Mechanic Shop Roof Replacement CIP No. 10032 and
authorize the City Clerk to advertise and receive bids; and
2. Adopt Resolution No. 11-59 authorizing the State Department of General
Services to acquire on behalf of the City roofing materials from the
Garland Roofing Company, Inc. of Cleveland, OH in the amount of
$53,686.82.
RESOLUTION NO. 11-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
CITY YARD MECHANIC SHOP ROOF REPLACEMENT (CIP 10032)
RESOLUTION NO. 11-59
A RESOLUTION OF THE CITY
CALIFORNIA AUTHORIZING
SERVICES OF THE STATE
CERTAIN ITEMS
COUNCIL OF THE CITY OF TUSTIN,
fHE DEPARTMENT OF GENERAL
OF CALIFORNIA TO PURCHASE
11. APPROVE AMENDMENT NO. 3 TO A CONSULTANT SERVICES
AGREEMENT BETWEEN THE CITY AND PSEC, INC. FOR TUSTIN LEGACY
ENVIRONMENTAL SERVICES
Approval is requested of Amendment No. 3 to a Consultant Services Agreement
between the City and Pacific States Environmental Contractors, Inc. ("PSEC")
for additional environmental assessment services at Tustin Legacy. The
Amendment will provide additional services related to groundwater modeling
within the LIFOC area requested by the Navy for underground storm drain and
sewer installations as well as work required for existing Navy well modifications
in the work area for the Tustin Ranch Road Extension Project.
Recommendation: That the City Council:
1. Approve Amendment No. 3 to a Consultant Services Agreement between
the City and PSEC for additional environmental support services,
increasing the not to exceed amount by $68,800 to $221,585, and
authorize the City Manager and/or Assistant City Manager to execute the
Amendment; and
2. Appropriate $68,800 from unappropriated funds in CFD 06-01 Fund (434)
to the Tustin Ranch Road Extension CIP No. 70206 to cover associated
City Council/Redevelopment Agency September 6, 2011
Minutes Page 8 of 16
expenses.
12. APPROVAL OF AMENDMENT NO. 4 TO CONSULTANT SERVICES
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
TUSTIN LEGACY BACKBONE INFRASTRUCTURE BETWEEN THE CITY
AND HUNSAKER & ASSOCIATES
Approval is requested of Amendment No. 4 to a Consultant Services Agreement
for Tustin Legacy backbone infrastructure between the City and Hunsaker &
Associates to provide additional engineering services related to construction
support for Tustin Ranch Road Phase 1 improvements.
Recommendation: That the City Council:
1. Approve Amendment No. 4 to a Consultant Services Agreement for
engineering construction support services for Tustin Ranch Road Phase
1 improvements between the City and Hunsaker & Associates,
increasing the not to exceed amount by $98,000 to $822,450, and
authorize the City Manager and/or Assistant City Manager to execute the
Amendment; and
2. Appropriate $98,000 from unappropriated funds in CFD 06-01 Fund (434)
to the Tustin Ranch Road Extension Project Capital Improvement
Program Fund (CIP No. 70100 and No. 70206).
13. APPROVE HOMEOWNER AGREEMENT AND MEMORANDUM FOR
CERTAIN PROPERTIES IN CONJUNCTION WITH THE TUSTIN RANCH
ROAD EXTENSION PROJECT BETWEEN WALNUT AVENUE AND
VALENCIA AVENUE (CIP No. 70100)
Staff is requesting the City Council and the Tustin Community Redevelopment
Agency approve certain agreements associated with the required applicable
noise mitigation measures as identified in the Final Supplement #1 to the Final
EIS/EIR for the Tustin Ranch Road Extension Project CIP No. 70100 & 70206
on or adjacent to the property located at 2381 Coco Palm Drive (Receptor 16).
Recommendation: That the City Council and Tustin Community Redevelopment
Agency:
Approve the attached documents for 2381 Coco Palm Drive (Receptor
16) including the Project Implementation Agreement and Memorandum
of Project Implementation Agreement, and authorize the Mayor, the City
Manager/Executive Director or the Assistant City Manager/Assistant
Executive Director to execute the agreement on behalf of the City and
Agency, subject to approval as to form with any minor non-substantive
modifications required by the City Attorney and which shall not become
effective for three business days, pending any request for review by the
California Department of Finance ("DoF"). If DoF requests review of this
Agency action, DoF shall have 10 days from the date of its request to
City Council/Redevelopment Agency September 6, 2011
Minutes Page 9 of 16
approve the Agency action or return it to the Agency for reconsideration
and the action if subject to review by DoF shall not be effective until
approved by DoF; and
2. Appropriate $15,660 from unappropriated funds from the CFD 06-01
Fund (434) to the Tustin Ranch Road Extension Project Capital
Improvement Program Fund between Walnut Avenue and Valencia
Avenue (CIP No. 70100).
REGULAR BUSINESS ITEMS 14-19
14. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL
EMPLOYEES ASSOCIATION, THE TUSTIN POLICE SUPPORT SERVICES
ASSOCIATION, THE TUSTIN POLICE OFFICERS ASSOCIATION -POLICE
OFFICER REPRESENTATION UNIT, AND THE TUSTIN POLICE OFFICERS
ASSOCIATION -POLICE MANAGEMENT REPRESENTATION UNIT
Adoption of the attached Resolutions and Memoranda of Understanding (MOU)
will authorize terms and conditions of employment for employees in
classifications represented by the Tustin Municipal Employees Association
(TMEA}, the Tustin Police Support Services Association (TPSSA), the Tustin
Police Officers Association -Police Officer Representation Unit (TPOA), and the
Tustin Police Officers Association -Police Management Representation Unit
(TPMA} and reduce the City's long-term expenditures in accordance with
Council direction, particularly with respect to retirement costs.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gomez that the City Council adopt the following Resolutions:
1. Resolution No. 11-61 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TMEA for the period of July 1, 2011 through June 30, 2012; and
2. Resolution No. 11-62 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TPSSA for the period of July 1, 2011 through June 30, 2012; and
3. Resolution No. 11-63 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TPOA for the period of July 1, 2011 through June 30, 2012; and
4. Resolution No. 11-64 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TPMA for the period of July 1, 2011 through June 30, 2012.
Motion carried 4-0
RESOLUTION NO. 11-61
City Council/Redevelopment Agency September 6, 2011
Minutes Page 10 of 16
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. 11-62
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 SUPPORT
SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND
TERMS AND CONDITIONS OF EMPLOYMENT
RESOLUTION NO. 11-63
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. 11-64
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
15. SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE
MANAGEMENT, MANAGEMENT, SUPERVISORY, CONFIDENTIAL, AND
PART-TIME NON-BENEFITTED EMPLOYEES
Adoption of the attached Resolutions will authorize terms and conditions of
employment for unrepresented Executive Management, Management,
Supervisory, Confidential, and Part-Time Non-Benefitted employees and reduce
the City's long-term expenditures in accordance with Council direction,
particularly with respect to retirement costs.
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen that the City Council adopt the following Resolutions:
City Council/Redevelopment Agency September 6, 2011
Minutes Page 11 of 16
Resolution No. 11-65 amending the City's Classification and
Compensation Plans for unrepresented Executive Management and
Management employees; and
2. Resolution No. 11-66 amending the City's Classification and
Compensation Plans for unrepresented Supervisory employees; and
3. Resolution No. 11-67 amending the City's Classification and
Compensation Plans for unrepresented Confidential employees; and
4. Resolution No. 11-68 amending the City's Classification and
Compensation Plans for unrepresented Part-Time Non-Benefitted
employees.
Motion carried 4-0
RESOLUTION NO. 11-65
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 10-46
RESOLUTION NO. 11-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION AND BENEFITS FOR
UNREPRESENTED SUPERVISORY EMPLOYEES, AND
SUPERSEDING RESOLUTION 10-49
RESOLUTION NO. 11-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION AND BENEFITS FOR
UNREPRESENTED CONFIDENTIAL EMPLOYEES, AND
SUPERSEDING RESOLUTION 10-51
RESOLUTION NO. 11-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION FOR UNREPRESENTED PART-TIME
NON-BENEFITTED EMPLOYEES AND SUPERSEDING RESOLUTION
10-53
16. REDUCTION IN PARK RENTAL FEES FOR NON-PROFITS
At their July 5, 2011 budget workshop the City Council directed staff to return to
a future City Council meeting with information regarding reducing park rental
fees by thirty percent (30°l0) for local non-profit groups.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gomez that all local non-profit groups be granted for one fiscal
_-
City Council/Redevelopment Agency September 6, 2011
Minutes Page 12 of 16
year a 30°I° reduction in park rental fees.
Motion carried 4-0
17. OLD TOWN FAMILY FUN NIGHT
On July 5, 2011, staff provided the City Council an update to the Conditional
Use Permit application for Old Town Family Fun Night - a proposed street fair
for every Thursday night from 4:00 p.m. to 8:00 p.m. along EI Camino Real
between Sixth Street and Main Street. After Council discussion, staff was
directed to evaluate the utilization of Gity Forces to augment the implementation
of the event and the use of third party volunteers to support and offset certain
event costs associated with the use of public street right-of-way and to bring
back the item on July 19. On July 19, 2011 the item was continued to the
September 6, 2011 meeting.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray that this item be continued to the September 20, 2011
meeting.
Motion carried 4-0
18. SECOND READING AND ADOPTION OF ORDINANCE NO. 1398
Adopted in 2001, Ordinance No. 1240 required a 3-foot landscape buffer
between adjacent properties to prohibit driveway or parking areas from
extending uninterrupted from property to property. However, Ordinance No.
1240 mandated the 3-foot landscaped area in front yards at the side property
line regardless of the size of the paving, the configuration of the lot or the fact
that hundreds of properties in the City previously contained concrete paving in
violation of the requirement. Staff began enforcing Ordinance No. 1240 on a
complaint basis following the end of a three year sunset period.
On May 4, 2010, in response to citizen concerns,.. the Tustin City Council
directed the Planning Commission to consider and provide a recommendation
on possible revisions to the Tustin City Code pertaining to the three-foot wide
landscaped area requirement. On May 24, 2011, the Planning Commission
adopted Resolution No. 4173 recommending that the three-foot requirement be
preserved, but that additional flexibility be provided to the Community
Development Director to approve a variety of landscape and hardscape features
to satisfy the required three-foot buffer.
On July 5, 2011, the City Council considered the Planning Commission's
recommendations for proposed Ordinance Na. 1398. Following discussion, it
was concluded that other Tustin City Code provisions, currently limiting
pavement to 50 percent of the front yard, were sufficient to preserve an
attractive streetscape in residential neighborhoods, and that mandating the
three-foot buffer was unnecessary at this time.
City Council/Redevelopment Agency September 6, 2011
Minutes Page 13 of 16
The City Council directed staff to amend proposed Ordinance No. 1398 to
eliminate the requirement fora three-foot wide landscape area between
adjacent properties but that unattractive, excessively-paved areas should
remain a concern, and that sufficient discretion should be available to ensure
that the code does not unfairly apply to narrow lots, lots at the ends of cul-de-
sacs, or other irregular conditions. Draft Ordinance No. 1398 (Code Amendment
11-004) has now been revised in accordance with City Council direction.
As a wholly separate matter, Proposed Ordinance No. 1398 also includes
proposed regulations to allow for the installation of synthetic turf on private
property since the same Tustin City Code Sections are affected and may have a
correlation in application.
On August 2, 2011, the City Council had first reading by title only and
introduction of Ordinance 1398.
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Murray to have second reading by title only and adoption of
Ordinance No. 1398 (roll call vote).
Motion carried 4-0
ORDINANCE NO. 1398
AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTIONS 5502 AND 9267 OF THE
TUSTIN CITY CODE TO MODIFY LANDSCAPE REQUIREMENTS
AND TO SET FORTH SYNTHETIC TURF STANDARDS IN THE CITY
OF TUSTI N
19. LEGISLATIVE REPORT
PROPOSED REFERENDUM TO INVALIDATE AB 1X 27
Referendum 1494 has recently been filed with the California Secretary of State
and proposes a vote to eliminate AB 27 (the "Alternative Voluntary
Redevelopment Program" or "Opt-in Bill").
Motion: It was moved by Mayor Pro Tem Nielsen and seconded by
Councilmember Gomez that the City Council take an action on the record to
oppose Referendum 1494.
Motion carried 4-0
OTHER BUSINESS/COMMITTEE REPORTS
Councilmember Gomez:
• Spoke at the Tustin Lions Club in early August
City Council/Redevelopment Agency September 6, 2011
Minutes Page 14 of 16
• Attended the last Concerts in the Park; congratulated Dave Wilson and staff
• Attended Broadway in the Park and congratulated the Tustin Area Council for Fine
Arts (TAGFA) for a great job
• Attended the Classic Car Show at Enderle Center which was very well attended
• Attended the Tustin Community Foundation event at Citrus Ranch Park to raise
funds for the mosaic the art wall
• Made afollow-up visit to the tennis courts at the Peppertree development
• Is looking forward to groundbreaking ceremony for Tustin Ranch Road on
September 7, 2011
Councilmember Murray:
• Congratulated Dave Wilson for Concerts in the Park
• Attended Association of California Cities Redevelopment Task Force with the
mayor
• Attended the Newport Bay Watershed Executive Committee meeting
• Attended the Orange County Vector Control trustee and budget meeting
• Congratulated TACFA and Broadway in the Park
• Attended aPediatric-Adolescent Diabetes Research Education Foundation board
meeting
• Reminded all that school is back in session and to please drive carefully and be
mindful of kids
• Reported that the City is still in the process of recruiting a City Manager; the online
survey is on the City's website and invited comments
• Congratulated Tustin Eastern Little League nine- and ten-year old team for winning
the state championship
• Reminded everyone of 9-11 ceremony on Sunday, September 11, at Cedar Grove
Park at 8:30 a.m.
Mayor Pro Tem Nielsen:
• Attended the Orange County Sanitation District Steering Committee and Board of
Directors meeting
• Attended Southern California Association of Governments meetings of Community
Economic Human Development Committee and discussed 2012 regional
transportation plan and had public hearing on Regional Housing Needs
Assessment methodology for the next cycle where it is anticipated numbers will be
40% less; also attended Regional Council meeting
• Attended ribbon cutting for Santos DDS
• Attended Orange County Sanitation District August 16 commissioning of the world's
first hydrogen fueling station for fuel-celled vehicles
• Attended Broadway in the Park opening night production of Oliver
• Attended the Enderle Classic Car Show
• Emceed Eagle Scout Court of Honor for Tyler Poucher & Taylor Baudoin
• Handed out popcorn at several Movies in the Park at Cedar Grove and Frontier
Park
• Attended Tustin Community Foundation's Flipflops and Lemon Drops fundraising
event at Citrus Ranch Park for the mosaic art wall
City Council/Redevelopment Agency September 6, 2011
Minutes Page 15 of 16
• Spent time with Congressman John Campbell regarding discussion on
development on Legacy and their help regarding issues on federal bases and
thanked the Congressman for his time
• Invited all to the 9/11 remembrance ceremony at Cedar Grove Park on Sunday,
9111
• Announced that the Tustin Community Foundation will host a fundraiser at Marconi
Automotive Museum the same day (9/11111)
Mayor Amante:
• Congratulated Dave Wilson and staff for Concerts in the Park and Movies in the
Park this summer
• Reported that HR2766 Breaking Down Barriers Act of 2011 (Gary Miller} came as a
result of an OCTA initiative put together regarding expediting delivery of
construction projects and addresses duplication in government standards as
California's are more stringent than national although both processes must
currently be followed.
• Met with a number of people and Congressman Bill Schuster who is ranking
member of the Transportation Infrastructure Committee on which Chairman Mica is
serving; they are working on a transportation reauthorization bill for surface
transportation.
RECESSED TO CLOSED SESSION at 8:48 p.m.
G. CONFERENCE WITH LEGAL COUNSEL
Code § 54956.9(a)] -One Case
• City of Tustin v. Tustin Unified School
501073; Orange County Superior Court
RECONVENED IN PUBLIC SESSION at 9:53 p.m.
CLOSED SESSION REPORT - No reportable action.
- EXISTING LITIGATION [Govt.
District et al., Case No. 30-2011-
ADJOURNED at 9:53 p.m. -The next meeting is scheduled for Tuesday, September 20,
2011 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in
the Council Chamber, 300 Centennial Way, Tustin, California.
ADJOURNED IN THE MEMORY OF DAVID BRYANT
City Council/Redevelopment Agency September 6, 2011
Minutes Page 16 of 16