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Home My WebLink AboutCC Minutes 2012-07-03wild AUTES • THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY TUSTIN, CA JULY 3, 2012 CLOSED SESSION MEETING 5:30 P.M. C! W-17L 10TZ 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 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 Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 1 of 10 Employee OR-CJC, Orange County Superior Court Organization: PROPERTY NEGOTIATORS (Government Tustin Police Management Association (TPMA) WIN Employee Tustin Legacy Disposition Package MEMO, Organization: 1 B to include sale of Lots Lots 9, Part-Time Unrepresented Employees 10, 11, 12, 00, PP, QQ, TT, RR, 000 Employee of Tract May 17404. Organization: City of Tustin Unrepresented Confidential Employees Christine Shingleton, Assistant Employee Executive Director Organization: Ted McKibbin, President Standard Unrepresented Supervisory Pacific Homes, Southern California Employee Coastal Organization: Price and Terms of Payment Executive Management and Management A portion of Parcel 1 of Tract 16696 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: Tustin Legacy Disposition Package MEMO, 1 B to include sale of Lots Lots 9, 10, 11, 12, 00, PP, QQ, TT, RR, 000 of Tract May 17404. Agency: City of Tustin City Negotiators: Christine Shingleton, Assistant Executive Director Negotiating Parties: 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 Axtell Under Negotiation: Price and terms of payment RECESSED at 5:30 p.m. City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 2 of 10 REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. IL •I III � ;;lliiiiiiilll 11! 111=� W0111 I I I• • 01 ME= ROLL CALL — City Clerk 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 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 • Harold Katzman It was moved by Councilmember Gavello and seconded by Mayor Pro Tem Murray to pull consent item 3 and to approve the balance of the consent calendar items on the agenda as recommended by staff. City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 3 of 10 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. 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 REGULAR BUSINESS ITEMS 4-8 4. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN MUNICIPAL City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 4 of 10 11 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. RESOLUTION NO. 12-62 A RESOLUTION • THE CITY COUNCIL • 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, P CALIFORNIA, AMENDING THE CLASSIFICATION AND IKE, COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 5 of 10 THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND sN 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 3. Resolution No. 12 -68 amending the City's Classification and Compensation Plans for unrepresented Confidential employees. Motion carried 5 -0 :rw ��l o City Council /Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 6 of 10 RESOtITIO111 NO. 12-66 ' RESOLUTION OF ! OF OF RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED MANAGEMENT 1 ! MANAGEMENT EMPLOYEES, AND ! ! • RESOLUTION NO. • ' RESOLUTION OF ! OF OF RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES, SUPERSEDING i ! •• RESOLUTION NO. •: ' RESOLUTION OF • OF OF RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED i ' - • AND SUPERSEDING RESOLUTION 11-• • RESOLUTION NO. ' TUSTIN HOUSING AUTHORITY • • • 12-03, AND RESOLUTION Ni 12-61 APPROPRIATING 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 (CALIPERS) regulations. Motion: It was moved by Councilmember /Commissioner Gavello and seconded by Mayor Pro TemNice 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 201212013, 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) regulations. • • - I klj RESOLUTION NO. 12 -59 City Councilfrustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 7 of 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, F-7 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 li��Tll .01 ii 11 111 IF 11 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. 1 w 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 O Staff has prepared the following Legislative Summary for the Council's review: Nr Summary of last minute action taken by the Governor in reference to the City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 8 of 10 • Redevelopment Clean-up Bills & Other Proposed Related Legislation for FY 2011-2012 City Manager Parker provided an update on current legislation. CITY MANAGER • Thanked staff for work on the budget • 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 SON • Thanked employee groups and Human Resources department for reaching employee agreements and the hard work that they do • Wished all a safe and fun 4th 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 • 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 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" City Council[Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 9 of 10 • Invited all to the Concerts in the Park on Wednesdays 111" • Thanked Public Works Director Doug Stack for keeping us apprised regarding 0-10 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 4t" 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. PAMELA STOKER;-- City Clerk City Council/Tustin Housing Authority July 3, 2012 Regular Meeting Minutes Page 10 of 10 M M I E-