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Home My WebLink About CC/THA AGENDACITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY Al Murray, Mayor Pro Tern Jerry Amante, Councilmember Deborah Gavello, Councilmember Rebecca "Beckie" Gomez, Councilmember GsT John Nielsen, Mayor JULY 3, 2012 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2292 ATTENDANCE Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. 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: CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases LABOR NEGOTIATIONS [Government Code Section 54957.6] • 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 NOTE. As required by Senate Bill 343, any non - confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employee Organization: Executive Management and Management 4. LIABILITY CLAIMS pursuant to Government Code Section 54956.95 • Consideration of Claim of Travis Mock, Claim No. 12 -16 5. 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 • City of Tustin v. Leonard J. Nettles, Case No. 30- 2012 - 00563746 -CU- OR-CJC, Orange County Superior Court 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Two cases • Property Address /Description: Agency: City Negotiators: Negotiating Parties: Under negotiations: Property Address /Description: Agency: City Negotiators: Negotiating Parties: Under Negotiation: Tustin Legacy Disposition Package 1B to include sale of Lots Lots 9, 10,11,12, 00, PP, QQ, TT, RR, 000 of Tract May 17404. City of Tustin Christine Shingleton, Assistant Executive Director Ted McKibbin, President Standard Pacific Homes, Southern California Coastal Price and Terms of Payment A portion of Parcel 1 of Tract 16696 and a portion of Parcel 1 as shown on Record of Survey No 99 -1048 City of Tustin Jeffrey C. Parker, City Manager, and Christine Shingleton, Assistant Executive Director Vestar /Kimco Tustin, L. P., represented by Allan Kasen and Jeff Axtell Price and terms of payment RECESS TO SUCCESSOR AGENCY CLOSED SESSION City Councilrrustin Housing Authority July 3, 2012 Regular Meeting Agenda Page 2 of 8 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2292 COLOR GUARD, INVOCATION, AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • National Night Out • Crimestoppers • Parks & Recreation Month ORAL COMMUNICATION /PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 3) 1. APPROVAL OF MINUTES — SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL HELD ON JUNE 19, 2012 Recommendation: That the City Council approve the Action Minutes of the Special and Regular Meetings of the City Council held on June 19, 2012. 2. 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 City CounciVTustin Housing Authority July 3, 2012 Regular Meeting Agenda Page 3 of 8 Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $712,647.97 and $13,066.19; and Demands in the amount of $2,775,316.29. 3. CITY COUNCIL ATTENDANCE POLICY At the Council's last meeting, the Council directed staff to bring back a Council Resolution establishing an attendance policy to provide that: 1. Councilmembers shall miss no more than two (2) regularly scheduled City Council meetings per quarter, and 2. In the event a Councilmember is absent for a third meeting within a quarter, any other Councilmember shall have the power to schedule a review at the next regularly scheduled council meeting to discuss issuing a reprimand against the Councilmember having missed more than two (2) meetings in a quarter. Recommendation: Approve Resolution Number 12 -70 establishing a Council Member Attendance Policy. RESOLUTION NO. 12 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AN ATTENDANCE POLICY APPLICABLE TO CITY COUNCIL MEMBERS REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 4 through 8) 4. 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 City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Agenda Page 4 of 8 the Tustin Police Officers Association — Police Management Representation Unit (TPMA) in accordance with Council direction, and lower the City's unfunded liability for accrued paid leave time. Recommendation: That the City Council adopt the following Resolutions: Resolution No. 12 -62 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TMEA for the period 2. Resolution No. 12 -63 Compensation Plans an d with TPSSA for the perio d 3. Resolution No. 12 -64 of July 1, 2012 through June 30, 2013; and amending the City's Classification and approving a Memorandum of Understanding of July 1, 2012 through June 30, 2013; and amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPOA for the period of July 1, 2012 through June 30, 2013; and 4. Resolution No. 12 -65 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPMA for the period of July 1, 2012 through June 30, 2013. RESOLUTION NO. 12 -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 MUNICIPAL EMPLOYEES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 12 -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 SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 12 -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 OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT City CounciUTustin Housing Authority July 3, 2012 Regular Meeting Agenda Page 5 of 8 RESOLUTION NO. 12 -65 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 5. SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT, MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES Adoption of the attached Resolutions will authorize terms and conditions of employment for unrepresented Executive Management, Management, Supervisory, and Confidential employees in accordance with Council direction, and lower the City's unfunded liability for accrued paid leave time. Recommendation: That the City Council adopt the following Resolutions: 1. Resolution No. 12 -66 amending the City's Classification and Compensation Plans for unrepresented Executive Management and Management employees; and 2. Resolution No. 12 -67 amending the City's Classification and Compensation Plans for unrepresented Supervisory employees; and 3. Resolution No. 12 -68 amending the City's Classification and Compensation Plans for unrepresented Confidential employees. RESOLUTION NO. 12 -66 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 11 -65 RESOLUTION NO. 12 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES, AND SUPERSEDING RESOLUTION 11 -66 RESOLUTION NO. 12 -68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES, AND City Counciffustin Housing Authority July 3, 2012 Regular Meeting Agenda Page 6 of 8 SUPERSEDING RESOLUTION 11 -67 6. RESOLUTION NO. 12 -59, TUSTIN HOUSING AUTHORITY RESOLUTION NO. 12 -03, AND RESOLUTION NO. 12 -61 APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING AUTHORITY BUDGETS FOR THE FISCAL YEAR 2012/2013, AND CITY'S SALARY SCHEDULE The City Council /Commissioners are requested to approve the attached Resolutions adopting the budgets for the City, Tustin Housing Authority, and the Water Enterprise for Fiscal Year 2012/2013 as well as adopting the City's salary schedule to be in compliance with the California Public Employees' Retirement System (CALPERS) regulations. Recommendation: Adopt Resolution No. 12 -59, adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2012/2013, Governmental Funds, $76,397,765; Special Revenue Funds, $34,708,935; and the Water Enterprise Funds, $32,963,778; and Adopt Tustin Housing Authority Resolution No. 12 -03, adopting the Housing Authority budget and appropriating from the anticipated revenues of the Authority for fiscal year 2012/2013, $55,500; and Adopt Resolution No. 12 -61, the City' salary schedule to be in compliance with the California Public Employees' Retirement System (CALPERS) regulations. RESOLUTION NO. 12 -59 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 2012 -2013 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 12 -03 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR 2012 -2013 RESOLUTION NO. 12 -61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING THE CITY'S SALARY SCHEDULE IN COMPLIANCE WITH CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) REGULATIONS 7. APPROPRIATION LIMIT FOR FISCAL YEAR 2012/2013 City Councilrrustin Housing Authority July 3, 2012 Regular Meeting Agenda Page 7 of 8 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 on June 19, 2012. Recommendation: 1. Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2012/2013 appropriations limit. 2. Adopt Resolution No. 12 -60 setting the appropriation limit for Fiscal Year 2012/2013 at $68,177,626. RESOLUTION NO. 12 -60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2012 -2013 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 8. LEGISLATIVE REPORT Staff has prepared the following Legislative Summary for the Council's review: • Summary of last minute action taken by the Governor in reference to the RDA trailer bill AB1484/SB1024 • Redevelopment Clean -up Bills & Other Proposed Related Legislation for FY 2011 -2012 Recommendation: Receive and file. OTHER BUSINESS /COMMITTEE REPORTS ADJOURN TO SUCCESSOR AGENCY MEETING — The next regular meeting of the City Council will be Tuesday, July 17, 2012, Closed Session Meeting at 5:30 p.m. followed by Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Agenda Page 8 of 8