HomeMy WebLinkAbout02 CC MINUTES 07-03-12Agenda Item 2
Reviewed:
City Manager
Finance Director /A
MINUTES
OF THE REGULAR MEETING OF THE
CITY COUNCIL
300 CENTENNIAL WAY
TUSTIN, CA
JULY 3, 2012
CLOSED SESSION MEETING
5:30 P.M.
CALL TO ORDER — Meeting #2292 at 5:30 p.m.
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tern 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]
• Agency Negotiators: Kristi Recchia, Director of Human Resources
and Peter Brown, Liebert Cassidy Whitmore
City Councilfrustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 1 of 10
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. 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:
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
Under negotiations: Price and Terms of Payment
• 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
City CouncillTustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 2 of 10
Axtell
Under Negotiation: Price and terms of payment
RECESSED at 5:30 p.m.
RECONVENED at 7:06 p.m.
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2292 at 7:06 p.m.
COLOR GUARD, INVOCATION, AND PLEDGE OF ALLEGIANCE — American Legion
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: Patricia Estrella, City Clerk Services Supervisor
Others Present: David E. Kendig, City Attorney
CLOSED SESSION REPORT — City Attorney David E. Kendig
The City Council voted 3 -2 to deny Claim No. 12 -16 with Councilmembers Gomez and
Gavello dissenting. Otherwise, there was no reportable action.
Councilmember Gavello left the dais at 7:11 p.m. and returned at 7:15 p.m.
PRESENTATIONS
• National Night Out, Lt. Garaven and Ruby Ortiz
• Crime Stoppers, Aaron Berenschot, Orange County Sheriffs Department
• Parks & Recreation Month; Community Services Commission Chair Donna Marsh
Peery and Dave Wilson, Parks & Recreation Services Director
ORAL COMMUNICATION /PUBLIC INPUT —
• Harold Katzman
CONSENT CALENDAR ITEMS 1 -3
City Council Tustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 3 of 10
It was moved by Councilmember Gavello and seconded by Mayor Pro Tern Murray to pull
consent item 3 and to approve the balance of the consent calendar items on the agenda
as recommended by staff.
Motion carried 5 -0
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
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.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray to approve Resolution Number 12 -70 establishing a Council
Member Attendance Policy.
Motion carried 3 -2 ( Councilmembers Gomez and Gavello dissenting)
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
City Council/Tustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 4 of 10
REGULAR BUSINESS ITEMS 4 -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
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.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray that the City Council adopt the following Resolutions:
1. Resolution No. 12 -62 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TMEA for the period of July 1, 2012 through June 30, 2013; and
2. Resolution No. 12 -63 amending the City's Classification and
Compensation Plans and approving a Memorandum of Understanding
with TPSSA for the period of July 1, 2012 through June 30, 2013; and
3. Resolution No. 12 -64 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.
Motion carried 5 -0
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
City CounciUTustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 5 of 10
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
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.
Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro
Tern Murray 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
City Counciffustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 6 of 10
3. Resolution No. 12 -68 amending the City's Classification and
Compensation Plans for unrepresented Confidential employees.
Motion carried 5 -0
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
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.
Motion: It was moved by Councilmember /Commissioner Gavello and seconded
by Mayor Pro Tem/Vice Chairman Al Murray that the City Council:
1. 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
2. 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
3. Adopt Resolution No. 12 -61, the City' salary schedule to be in compliance
with the California Public Employees' Retirement System (CALPERS)
City Council Tustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 7 of 10
regulations.
Motion carried 5 -0
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
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.
Motion: It was moved by Councilmember Amante and seconded by Mayor Pro
Tern Murray to:
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.
Motion carried 5 -0
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
City Council/Tustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 8 of 10
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
City Manager Parker provided an update on current legislation.
OTHER BUSINESS /COMMITTEE REPORTS
CITY MANAGER
• Thanked staff for work on the budget
COUNCILMEMBER GOMEZ
• On June 21 attended the Association of California Cities Orange County (ACCOC)
workshop on the role of Orange County Treasurer and other topics
• Attended unveiling of new models at Tustin Acura
• On June 28 attended the Santa Ana River Flood Protection Agency meeting
• Attended annual pancake breakfast, pizza night and ice cream social
• Attended the Tustin Area Council for Fine Arts (TACFA) gala on June 29
• Looking forward to the parade and carnival at Tustin Meadows and fireworks at
Tustin High School
• Thanked employee groups and Human Resources department for reaching
employee agreements and the hard work that they do
• Wished all a safe and fun 4`h of July
COUNCILMEMBER AMANTE
• On behalf of Orange County Transportation Authority, attended the LOSSAN board
meeting
• Is looking forward to the Tustin Meadows parade tomorrow and fireworks at Tustin
High
• Wished a happy birthday to all Americans
MAYOR PRO TEM MURRAY
• Met with Assemblymen Don Wagner regarding topics of mutual concern
• Attended the Tustin Acura fundraiser for the Tustin Community Foundation and
Students Against Drunk Driving; complimented Dick Hsu and Tustin Acura for their
support
• Attended the Tustin Chamber gala dinner at the Tustin Golf Course
• Will be at the Tustin Meadows parade and fireworks show at Tustin High School
• Serves on the Orange County Vector Control District trustee board; first indications
City Council/Tustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 9 of 10
of the West Nile Virus this year have been documented; shared comments for
prevention
Announced that on Saturday from 2:00 -4:00 p.m. at the Tustin Library the United
Nations Foundation will be hosting a symposium: "Water, the Looming Global
Crisis"
• Invited all to the Concerts in the Park on Wednesdays
Thanked Public Works Director Doug Stack for keeping us apprised regarding
contract issues in Irvine that affect Tustin
• Complimented the Police Department and Parks & Recreation for proclamations
and great work that they do
MAYOR NIELSEN
• Announced that Concerts in the Park have begun on Wednesdays; the schedule is
on the City's website
• On June 20 was an honored guest at Tustin Host Lions Club for their officer
installation; congratulated Judy Barr as president
• June 21 attended DCS Tustin Acura new model premiere and thanked Dick Hsu for
efforts with SADD
• Emceed the Chamber of Commerce gala; congratulated incoming Board of officers,
new president Jonathan Stone and Businesses of the Year
• On June 27 attended the Orange County Sanitation District Steering Committee
and Board of Directors meetings
• Attended the Orange County Council of Governments meeting on June 28
• Attended TACFA gala on June 29
• Stated that the 4th of July celebration will be another great show
• Shared comments about the Declaration of Independence
• Encouraged all to think of service men and women here and abroad
ADJOURNED at 8:15 p.m. 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 CouncillTustin Housing Authority July 3, 2012
Regular Meeting Minutes Page 10 of 10