HomeMy WebLinkAbout01 CC MINUTES 06-05-12Agenda Item 1
Reviewed:
City Manager
Finance Director
MINUTES
OF THE JOINT REGULAR MEETING OF THE
CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
300 CENTENNIAL WAY
TUSTIN, CA
JUNE 5, 2012
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2290 at 5:31 p.m.
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tem Al Murray, and
Councilmembers Jerry Amante, Deborah Gavello and Rebecca
"Beckie" Gomez
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: David E. Kendig, 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:
1. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
[Govt. Code § 54956.9(b)] — Two Cases
2. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
[Govt. Code § 54956.9(c)] — Two Cases
3. LABOR NEGOTIATIONS [Government Code Section 54957.6]
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 1 of 15
• Agency Negotiators:
Kristi Recchia, Director of Human
Resources and Peter Brown, Liebert
Cassidy Whitmore
Employee Organization:
Tustin Municipal Employees Association
(TMEA)
Employee Organization:
Tustin Police Officers Association
(TPOA)
Employee Organization:
Tustin Police Support Service
Association (TPSSA)
Employee Organization:
Tustin Police Management Association
(TPMA)
Employee Organization:
Part-Time Unrepresented Employees
Employee Organization:
Unrepresented Confidential Employees
Employee Organization:
Unrepresented Supervisory
Employee Organization:
Executive Management and
Management
4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt.
Code § 54956.9(a)] — Five cases
• City of Tustin v. Keybank,
N.A., Case #30- 2011 - 00529736- CU -FR-
CXC
• City of Tustin v. Tustin Unified School District et al., Case No. 30 -2011-
501073; Orange County Superior Court
• Tustin Unified School District
v. City of Tustin et al., Case No. 30 -2010-
00345476, Orange County Superior Court
• Mira Properties v City of Tustin, Orange County Superior Court Case
No. 30- 2011 - 00522643
• T- Mobile West Corporation v.
City of Tustin, et al, United States District
Court, Central District of California, Case No. SACV11 -1854 JVS
(RNBx)
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government
Code 54956.8) — Two cases
• Property Address /Description:
A portion of Parcel 1 of Tract 16696
and a portion of Parcel 1 as shown
on Record of Survey No 99 -1048
Agency:
City of Tustin
City Negotiators:
Jeffrey C. Parker, City Manager, and
Christine Shingleton, Assistant
Executive Director
Negotiating Parties:
Vestar /Kimco Tustin, L. P.,
represented by Allan Kasen and Jeff
Axtell
Under Negotiation:
Price and terms of payment
• Property Address /Description: Lots 1,2,3,4,5,6,7,8,9, 10,11, II, D,
Final Map 17144; Lots 32, 34,
Tentative Tract Map 17404; a portion
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 2 of 15
Agency:
City Negotiators:
Negotiating Parties:
Under Negotiation:
RECESSED at 5:32 p.m.
RECONVENED at 7:07 p.m.
APN's 430 -27 -31 and 33 and a
portion of APN 430 -37 -10
City of Tustin
Jeffrey C. Parker, City Manager, and
Christine Shingleton, Assistant
Executive Director
Broadcom Corporation, represented
by Rick Kaplan, Mark Smith, John
Tran and Mark McGranahan,
Cushman Wakefield of California,
Inc., Irvine, CA.
Price and Terms of Payment
JOINT REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2290 at 7:07 p.m.
INVOCATION — Mayor Nielsen
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Murray
ROLL CALL — City Clerk
Present: Mayor John Nielsen, Mayor Pro Tern Al Murray, and Councilmembers
Jerry Amante, Deborah Gavello and Rebecca "Beckie" Gomez
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: David E. Kendig, City Attorney
CLOSED SESSION REPORT — City Attorney David E. Kendig
No reportable action.
ORAL COMMUNICATION /PUBLIC INPUT
• Pam Gooderham
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 3 of 15
• Dr. Arinder Chadha, Bonnie Chadha, Dr. Daljeet Singh
• Jo Ellen Chatham
• Sharon Komorons
PUBLIC HEARING ITEM 1
1. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
FOR FISCAL YEAR 2012 -2013
A presentation was given by Engineering Services Manager Dana Kasdan
Public hearing opened at 7:32 p.m.
Public hearing closed at 7:33 p.m. with no comments
The Tustin Landscape and Lighting District Engineer's Report was completed
and approved by the City Council at their May 1, 2011 meeting. The City
Council also declared its intention to levy annual assessments and set a public
hearing for June 5, 2012. In order to levy the annual assessments, the City
Council is required to conduct a public hearing and, provided there is no
majority protest, adopt Resolution No. 12 -47 confirming the annual
assessments for Fiscal Year 2012 -2013.
Motion: It was moved by Councilmember Amante and seconded by
Councilmember Gavello that the City Council:
1. Conduct a public hearing to receive testimony on the proposed levy of
annual assessments for the Tustin Landscape and Lighting District for
Fiscal Year 2012 -2013; and
2. Adopt Resolution No. 12 -47 confirming the annual assessments for
Fiscal Year 2012 -2013.
Motion carried 5 -0
RESOLUTION NO. 12 -47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS
FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET
LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE
BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT FOR FISCAL YEAR 2012 -2013
CONSENT CALENDAR ITEMS 2 -12
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 4 of 15
It was moved by Mayor Pro Tem Murray and seconded by Councilmember Amante to pull
consent items 9 and 12 and to approve the balance of the consent calendar items on the
agenda as recommended by staff.
Motion carried 5 -0
2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY
COUNCIL AND TUSTIN HOUSING AUTHORITY HELD ON MAY 15, 2012
Recommendation: That the City Council and Tustin Housing Authority approve
the Action Minutes of the Joint Regular Meeting of the City Council and Tustin
Housing Authority held on May 15, 2012.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
The City Council has approved the use of Government Code Section 37208 to
expedite the payment of City of Tustin and Successor Agency to the Tustin
Community Redevelopment Agency obligations that are in accordance with the
approved budget or continued operations authorizations.
Recommendation: Approve Payroll in the amounts of $656,975.37 and
$12,878.26; and Demands in the amounts of $670,041.30, $1,638,355.20 and
$261,886.58.
4. DESTRUCTION OF RECORDS — CITY CLERK'S OFFICE
Resolution No. 01 -91, the Record Retention /Disposition Schedule, permits
destruction of records and documents which meet certain criteria with the
approval of the City Attorney and the City Council.
Recommendation: Adopt Resolution No. 12 -56, authorizing the destruction of
records in the possession of the City Clerk.
RESOLUTION NO. 12 -56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY
RECORDS AND PAPERS IN THE POSSESSION OF THE CITY CLERK
OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE
CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY
GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION
SCHEDULE
5. ACCEPT IMPROVEMENTS FOR THE REMOVAL AND REPLACEMENT OF
HEATING, VENTILATION & AIR CONDITIONING (HVAC) UNITS AT THE
TUSTIN POLICE DEPARTMENT (CIP NO. 10032) AND AUTHORIZE THE
CITY ENGINEER TO FILE THE NOTICE OF COMPLETION
Construction of the Removal and Replacement of Heating Ventilation & Air
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 5 of 15
Conditioning (HVAC) Units at the Tustin Police Department CIP No. 10032 has
been completed to the satisfaction of the City Engineer and is now ready for
City Council acceptance.
Recommendation: That the City Council:
1. Adopt Resolution No. 12 -50 accepting the construction of the Removal
and Replacement of Heating Ventilation & Air Conditioning (HVAC) Units
at the Tustin Police Department CIP No. 10032; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 12 -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF
COMPLETION FOR CONSTRUCTION OF THE REMOVAL AND
REPLACEMENT OF HEATING VENTILATION & AIR CONDTIONING
UNITS AT TUSTIN POLICE DEPARTMENT
6. AWARD THE CONSTRUCTION CONTRACT FOR THE FRONTIER PARK
ENERGY EFFICIENCY IMPROVEMENTS CIP NO. 20070
Staff is requesting that the City Council award the construction contract for the
Frontier Park Energy Efficiency Improvements CIP No. 20070 to the lowest
responsive /responsible bidder.
Recommendation: That the City Council award the construction contract for the
Frontier Park Energy Efficiency Improvements CIP No. 20070 to the lowest
responsive /responsible bidder, Global Power Group and authorize the Mayor
and City Clerk to execute the contract documents on behalf of the City.
7. ACCEPT IMPROVEMENTS FOR THE INFORMATION TECHNOLOGY/
FINANCE RECONFIGURATION (CIP 10032) AND AUTHORIZE THE CITY
ENGINEER TO FILE THE NOTICE OF COMPLETION
Construction of the Information Technology /Finance Reconfiguration CIP No.
10032 has been completed to the satisfaction of the City Engineer and is now
ready for City Council acceptance.
Recommendation: That the City Council:
1. Adopt Resolution No. 12 -51 accepting the construction of Information
Technology /Finance Reconfiguration CIP No. 10032; and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the County Recorder's Office.
RESOLUTION NO. 12 -51
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 6 of 15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF
COMPLETION FOR CONSTRUCTION OF THE INFORMATION
TECHNOLOGY /FINANCE RECONFIGURATION (CIP 10032)
8. TUSTIN SPORTS PARK BASEBALL DIAMOND #2 RENOVATION
The bid opening for the Tustin Sports Park Baseball Diamond #2 Renovation
(CIP No. 20060) was held May 21, 2012. The renovation of the facility includes
improvements to the playing surface, infield irrigation, dugout structures,
backstop, and pitcher's mound.
Recommendation:
1. Staff recommends that the City Council award construction contract Base
Bid to Lehman Construction, Inc. in the amount of $254,684.00, subject
to approval of contract requirements by the City Attorney and final
execution.
2. Authorize the Director of Parks and Recreation Services to reduce the
cost of the project through construction credits since the base bid
exceeded the estimated cost of the project.
9. 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.
Motion: It was moved by Mayor Pro Tern Murray and seconded by
Councilmember Amante that the City Council direct the City Manager, or
designee, to have City's Conflict of Interest Code reviewed, file a statement of
review with the City Council no later than October 1, 2012 and revise the
Conflict of Interest Code based upon such review, if necessary.
Motion carried 4 -1 ( Councilmember Gavello dissenting)
10. AUTHORIZATION TO AMEND CONTRACT — CROSSING GUARD
CONTRACT RENEWAL
The crossing guard contract with All City Management Services, Inc. is up for
renewal for the 2012 -2013 City of Tustin school year.
Recommendation: Approve and execute amendment of the existing contract
entered into on August 4, 2009 with All City Management Services, Inc. and the
City of Tustin by renewing said contract in order to provide 14,076 hours of
school crossing guard service for the 2012 -2013 school year.
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 7 of 15
11. OLD TOWN PARKING EXCEPTION CONTRACT — 195 EL CAMINO REAL
On April 3, 2012, the Tustin City Council adopted Ordinance No. 1416
establishing a new parking exception option for Old Town Tustin that would
allow all or a portion of an infill development project's required on -site parking
spaces to be met through the payment of an annual fee intended to compensate
the City for the proportional use and maintenance of public parking spaces.
Ordinance No. 1416 requires the property owner /developer of an approved Old
Town infill project to execute a contract with the City agreeing to the payment of
the annual fee. The subject draft Old Town Parking Exception Contract with Mr.
Guillermo Del Rio and Ms. Lizet Orozco (the property owners of 195 El Camino
Real) has been prepared for City Council consideration.
Recommendation: Authorize the City Manager to execute the Old Town Parking
Exception Contract establishing the annual Old Town Parking Exception fee of
$600 for 195 El Camino Real (10 spaces x $60 per space).
12. CONSENT TO KUTAK ROCK'S SIMULTANEOUS REPRESENTATION OF
THE CITY OF TUSTIN AND THE COUNTY OF ORANGE
The law firm Kutak Rock has requested that the City consent to allow the firm to
advise the County of Orange about military base closure matters that are not
adverse to Tustin.
Motion: It was moved by Mayor Pro Tern Murray and seconded by
Councilmember Gomez that the City Council approve and direct the City
Attorney to execute the attached Memorandum consenting to the simultaneous
representation.
Motion carried 4 -1 (Councilmember Gavello dissenting)
REGULAR BUSINESS ITEMS 13 -19
13. ADOPT RESOLUTION NO. 12 -48 TO APPROVE PLANS AND
SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE
CONSTRUCTION OF TUSTIN LEGACY FIRE STATION — RELOCATION OF
STATION #37 (CIP NO. 10048)
The plans and specifications for construction of the Tustin Legacy Fire Station —
Relocation of Station #37 have been completed and are ready to be bid.
Motion: It was moved by Mayor Pro Tern Murray and seconded by
Councilmember Amante to continue the item to the June 19 City Council
meeting
Motion carried 5 -0
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 8 of 15
RESOLUTION NO. 12 -48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE TUSTIN LEGACY FIRE STATION —
RELOCATION OF STATION #37 (CIP NO. 10048), AND AUTHORIZING
ADVERTISEMENT FOR BIDS
14. FEDERAL COURT ORDER APPROVAL OF DESIGN REVIEW 09 -033 AND
COMMUNICATIONS SITE LICENSE AGREEMENT WITH T- MOBILE WEST
CORPORATION FOR A NEW WIRELESS FACILITY AT CEDAR GROVE
PARK (11385 PIONEER ROAD)
A presentation was given by Community Development Director Elizabeth
Binsack
Pursuant to the Federal Court Order of May 9, 2012, approval is requested for
Design Review 09 -033 and a Communication Site License Agreement between
the City and T- Mobile West Corporation (Licensee) for a new wireless facility to
be located at Cedar Grove Park (11385 Pioneer Road).
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray that City Council adopt Resolution No. 12 -54 approving Design
Review 09 -033 Authorizing the Installation and Operation of a Wireless
Telecommunications Facility on three flagpoles at Cedar Grove Park; and,
approve and authorize the City Manager to execute the attached
Communications Site License Agreement with T- Mobile West Corporation, a
Delaware Corporation.
Public input:
• Brandon Key
Motion carried 5 -0
RESOLUTION NO. 12 -54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING DESIGN REVIEW 09 -033 AUTHORIZING THE
INSTALLATION AND OPERATION OF A WIRELESS
TELECOMMMUNICATIONS FACILITY CONSISTING OF: TWO (2)
FLAGPOLES WITH A HEIGHT OF FORTY (40) FEET; ONE (1)
FLAGPOLE WITH A HEIGHT OF FORTY -THREE (43) FEET; AND,
UNDERGROUND EQUIPMENT LOCATED WITHIN A LANDSCAPED
CIRCLE IN THE PARKING LOT OF CEDAR GROVE PARK LOCATED
AT 11385 PIONEER ROAD.
15. APPROVE A MODIFIED PROJECT FUNDING APPROACH AND AWARD THE
CONSTRUCTION CONTRACT FOR THE TUSTIN RANCH ROAD PHASE 2
ROADWAY IMPROVEMENTS PROJECT (COLLECTIVELY, CIP NO. 70100,
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 9 of 15
70204, 70206, 70214, & 70215), INCLUDING GEOTECHNICAL &
ENGINEERING CONSTRUCTION SUPPORT SERVICES
A presentation was given by Public Works Director Doug Stack
In order to proceed as planned with Tustin Ranch Road Phase 2 Roadway
Improvements construction contract award, an interim funding approach is
recommended until resolution of an ongoing dispute with the State of California
Department of Finance (DoF) to allow use of the MCAS Tustin 2010 Tax
Allocation Bond proceeds for their original intended purposes. While the dispute
on the use of the Bond proceeds may inevitably be decided by the legislature or
courts, time is of the essence.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray that the City Council:
1. Reaffirm previous project appropriations in the adopted Capital
Improvement Program in the amount of $2,800,000 Irvine Company —
Developer Contribution, $4,500,000 City of Irvine, $2,400,000 Irvine
Ranch Water District Reimbursement, and appropriate $9,020,070 of
Measure M2 Regional Capacity Program (RCP) — Project O /Proposition
1 B State -Local Partnership Program (SLPP), $793,935 from
unappropriated funds in CFD 06 -01 Annexation Construction (Fund 438),
and $6,000,000 from unappropriated funds in CFD 06 -01 Construction
(Fund 434) replacing previously appropriated Bond proceeds to the
Tustin Ranch Road Phase 2 Roadway Improvements Project for a total
Phase 2 project budget of $25,514,005;
2. Adopt Resolution 12 -52 authorizing award of construction contract and
making certain findings pursuant to the California Environmental Quality
Act, for the Tustin Ranch Road Phase 2 Roadway Improvements Project
to the lowest responsive /responsible bidder, R. J. Noble Company, in the
amount of $22,649,304.73 and authorize the Mayor and the City Clerk to
execute the contract documents on behalf of the City;
3. Approve Amendment No. 6 to a Consultant Services Agreement not -to-
exceed the amount of $240,700 with NMG Geotechnical, Inc. for required
project geotechnical engineering and materials testing; and
4. Approve Amendment No. 9 to a Consultant Services Agreement not -to-
exceed the amount of $259,000 with RBF Consulting for required project
construction engineering support services.
Motion carried 5 -0
RESOLUTION NO. 12 -52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING AWARD OF CONSTRUCTION
CONTRACT FOR THE TUSTIN RANCH ROAD, VALENCIA AVENUE,
PARK AVENUE, AND LEGACY ROAD PHASE 2 ROADWAY
IMPROVEMENTS CONSTRUCTION PROJECT (CIP NO. 70100, 70204,
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 10 of 15
70206, 70214 AND 70215) AND MAKING CERTAIN FINDINGS
PURSUANT TO THE CALIFORNIA ENVIORNMENTAL QUALITY ACT
16. APPROVAL OF REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH
WATER DISTRICT AND THE CITY OF TUSTIN FOR CAPITAL DOMESTIC
WATER, SEWER AND RECLAIMED WATER PIPELINES FOR THE TUSTIN
RANCH ROAD, VALENCIA AVENUE, PARK AVENUE, AND LEGACY ROAD
PH. 2 ROADWAY IMPROVEMENTS CONSTRUCTION PROJECT CIP NOS.
70100, 70204, 70206, 70214, & 70215 AND FOR THE DESIGN ONLY IN
WARNER AVENUE AND SOUTH LOOP ROAD CIP NOS. 70202 and 70216
The proposed Agreement between the City of Tustin and the Irvine Ranch
Water District (IRWD) outlines each agency's responsibilities for the design and
construction of IRWD capital facilities as part of the Tustin Ranch Road,
Valencia Avenue, Park Avenue, and Legacy Road Ph. 2 Roadway
Improvements Construction Project (CIP No.'s 70100, 70204, 70206, 70214, &
70215) and for the design only of IRWD capital facilities in Warner Avenue and
South Loop Road (CIP No.'s 70202 and 70216).
Motion: It was moved by Councilmember Amante and seconded by Mayor
Nielsen to approve the Reimbursement Agreement between the Irvine Ranch
Water District and the City of Tustin for Domestic Water, Sewer and Reclaimed
Water Pipelines in Tustin Ranch Road, Valencia Avenue, Park Avenue, and
Legacy Road Ph. 2 Roadway Improvements Construction Project (CIP No.'s
70100, 70204, 70206, 70214, & 70215) and for the design only of IRWD capital
facilities in Warner Avenue and South Loop Road (CIP No.'s 70202 and 70216)
and authorize the Mayor and City Clerk to execute the Agreement on behalf of
the City.
Motion carried 5 -0
17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1412,
REGULATING VARIOUS FORMS OF SOLICITATION ON CERTAIN PUBLIC
RIGHTS OF WAY AND PRIVATE PROPERTY AND ACTS OF TRESPASS ON
PRIVATE COMMERCIAL PROPERTY
On Tuesday, May 1, 2012, staff from the Police Department presented to the
City Council a proposed ordinance regulating various forms of solicitation on
certain public rights -of -way and private property and acts of trespass on private
commercial property. Based upon the Council's direction, and after careful
review of current City Code provisions, staff revised the proposed ordinance to
remove portions regulating residential door -to -door solicitation.
As directed by Council, the revised ordinance does not impose any new permit
costs or Livescan requirements on non - profits soliciting in residential areas.
Motion: It was moved by Mayor Pro Tem Murray and seconded by
Councilmember Amante to have second reading by title only and adoption of
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 11 of 15
Ordinance No. 1412 (roll call vote).
Motion carried 5 -0
ORDINANCE NO. 1412
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE
RELATING TO THE REGULATION OF SOLICITATION ACTIVITY AND
ACTS OF TRESPASS OCCURING ON COMMERCIAL PROPERTIES
18. OFFERING THE PUBLIC AGENCY RETIREMENT SERVICES (PARS) EARLY
RETIREMENT INCENTIVE PROGRAM TO ELIGIBLE EMPLOYEES TO
ACHIEVE BUDGET SAVINGS AND ALLOW FOR ORGANIZATIONAL
RESTRUCTURING
The City continues to face significant financial challenges despite making a
number of substantial changes over the last several fiscal years to reduce
personnel costs. It is projected that offering an early retirement incentive
program administered by Public Agency Retirement Services (PARS) will help
the City directly reduce General Fund expenditures while also making it easier
for the City to restructure its staffing levels and operations in a more economical
and efficient manner. City Council authorization to offer the PARS early
retirement incentive plan to eligible employees does not bind the City to move
forward with the program. After the employee enrollment period closes and the
City determines how vacated positions will be filled, PARS will provide the City
with detailed financial information that will allow the City Council to assess
whether the program will meet the City's fiscal and operational objectives. At
that time, the City Council will have the opportunity to make the final decision to
proceed with the early retirement incentive program or to withdraw the offer in
its entirety or to specific employees.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray that the City Council take the following actions to initiate the PARS
early retirement incentive process:
1. Adopt Resolution No. 12 -53 to contract with Public Agency Retirement
Services (PARS) to provide an early retirement incentive program; and
2. Appoint the City Manager as the PARS Plan Administrator and authorize
the Plan Administrator to execute the Agreement for Administrative
Services; and
3. Approve the Plan Document for the PARS Supplementary Retirement
Plan (SRP).
Motion carried 5 -0
RESOLUTION NO. 12 -53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, OFFERING THE PUBLIC AGENCY RETIREMENT
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 12 of 15
SERVICES (PARS) EARLY RETIREMENT INCENTIVE PROGRAM TO
ELIGIBLE EMPLOYEES TO ACHIEVE BUDGET SAVINGS AND
ALLOW FOR ORGANIZATIONAL RESTRUCTURING
19. LEGISLATIVE REPORT
Staff has prepared the following Legislative Summary for the Council's review:
Redevelopment Clean -up Bills & Other Proposed Related Legislation for
FY 2011 -2012
Assistant Executive Director Christine Shingleton updated the Council on the
status of legislation.
OTHER BUSINESS /COMMITTEE REPORTS
CITY MANAGER
• Recognized staff for a great job on the Street Fair and Chili Cookoff
• Expressed appreciation to staff for work on Tustin Ranch Road
COUNCILMEMBER GOMEZ
• Attended a meet and greet for Old Town residents on May 14
• On May 17 attended an Association of California Cities Orange County (ACCOC)
meeting on redevelopment and Oversight Board issues
• Attended a Ribbon Cutting for Law Offices of Paula Meyer
• On May 19 attended a gathering of local elected officials as well as hopefuls
• Attended a workshop at UCI regarding latest technology, finance, education,
medicine and implications on the future job market
• Attended Dollars for Scholars luncheon on May 23
• Attended Tustin Ranch Elementary School Memorial Day ceremony
• Attended the Orange County Library board meeting where a new Internet usage
policy to filter inappropriate searches was discussed
• On June 1 represented Cypress College at the Tustin Unified School District career
and college fair
• On June 2 attended the opening of the Tustin Meadows East clubhouse
• Attended the Chili Cookoff and congratulated the committee and Parks and
Recreation staff
COUNCILMEMBER AMANTE
• On May 17 presented to the American Planners Association with regards to OCTA
20/20 plan; thanked Amy Stonich
• On May 24 spent time with Congressman Bill Shuster regarding transportation
infrastructure
• On May 25 at OCTA Board meeting considered criticisms of high speed rail
• Attended the Oversight Board meeting on May 29
• On June 1 attended the OCTA State Route 91 committee meeting
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 13 of 15
• On June 3 attended the Chili Cookoff; thanked Chair Donna Marsh Peery and
committee
• On June 4 attended the Executive Committee of OCTA
• Attended a community meeting in Costa Mesa regarding the 1 -405
• Announced that on June 7 ACCOC will be hosting its 3rd annual infrastructure
conference where a panel will conduct a debate on high speed rail
• Is looking forward to the State of the City on June 7
• Thanked fathers for what they do and wished them a happy Father's Day
MAYOR PRO TEM MURRAY
• Attended the Newport Bay Watershed Executive Committee and tour of Serrano
Creek in Lake Forest
• Attended the Chili Cookoff and Street Fair final committee meeting
• Attended Orange County Vector Control District budget and finance committee and
trustee meetings
• Attended Tustin Chamber ribbon cutting for Paula Meyer & Associates; received
comments on the positive and helpful experience with Elizabeth Binsack and
Justina Willkom on the project
• Attended a Leadership Summit in Monterey with CPOA where early release
program was discussed
• Attended Orange County Fire Authority Board of Directors meeting where major
topic was 2012 -2013 budget which passed unanimously
• Represented City of Tustin at Memorial Day services at Santa Ana Memorial
Cemetery
• Attended Orange County Housing summit at UCI as a facilitator
• Attended ACCOC Legislative Committee meeting
• Attended grand opening of Tustin Meadows clubhouse
• Attended the Chili Cookoff; complimented staff
• Met with future Eagle Scouts
MAYOR NIELSEN
• Attended Orange County Sanitation District Steering Committee and Board of
Directors meetings on May 23
• Attended the Chili Cookoff; thanked volunteers and staff and Chair Donna Marsh
Peery
• Attended Eagle Scout project car wash for Brandon Pence
• Attended Tustin Meadows west ribbon cutting and dedication
• Spoke at tri- cities Memorial Day ceremony at Santa Ana Cemetery
• Attended Memorial Day luncheon at Senior Center
• Attended Tustin Ranch Elementary Memorial Day celebration
• Attended Eagle Scout Court of Honor for Kenny Coulter and Caleb
• Invited all to the State of the City on June 7; details are available on the Tustin
Chamber of Commerce website
RECESSED at 8:40 p.m. to Closed Session
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 14 of 15
RECONVENED at 9:57 p.m.
CLOSED SESSION REPORT — No reportable action.
ADJOURNED at 9:58 p.m.to Budget Workshop Tuesday, June 19, 2012, beginning at
4:00 followed by Closed Session Meeting at 5:30 p.m. and Regular Meeting at 7:00 p.m.
in the Council Chamber, 300 Centennial Way, Tustin, California.
Joint Regular Meeting of the City Council June 5, 2012
and Tustin Housing Authority Minutes Page 15 of 15