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HomeMy WebLinkAbout02 MINUTES 05-02-05 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA APRIL 14, 2005 Agenda Item 2 Reviewed: W City Manager Finance Director ~ CALL TO ORDER - 3:00 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Tracy Worley Hagen and Jerry Amante Councilmember Tony Kawashima Maria Huizar, Chief Deputy City Clerk William A. Huston, City Manager; and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 A.1. Aqency Neqotiator: Employee Orqanization: Arlene Marks Gibbs, Director of Human Resources Tustin Police Support Service Association (TPSSA) A.2. Aqency Neqotiator: Employee Orqanization: Arlene Marks Gibbs, Director of Human Resources Tustin Police Officers Association (TPOA) RECESS TO PUBLIC SESSION - 3:02 P.M. PUBLIC SESSION CALL TO ORDER - 3:22 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Tracy Worley Hagen and Jerry Amante City Council Special Meeting Minutes April 14,2005 Page 1 of4 Absent: City Clerk: Others Present: Council member Tony Kawashima Maria Huizar, Chief Deputy City Clerk William A. Huston, City Manager; Lois Jeffrey, City Attorney; Terry C. Andrus, Assistant City Attorney; and Arlene Marks Gibbs, Human Resources Director CLOSED SESSION REPORT - Nothing to report PUBLIC INPUT - None REGULAR BUSINESS 1. LABOR CONTRACT IMPASSE HEARING OF THE CITY COUNCIL AND THE TUSTIN POLICE SUPPORT SERVICE ASSOCIATION (TPSSA) AND TUSTIN POLICE OFFICERS ASSOCIATION (TPOA) Human Resources Director Arlene Marks Gibbs made presentation to Council on purpose of meeting - Council to make a determination on Labor Negotiations Impasse Hearing. City at impasse with 3 labor organizations: the Tustin Police Officers Association the Officer's Unit, the Tustin Police Officers Association Management Unit, and the Tustin Police Support Services Association - two of which are scheduled for a hearing. Director Marks Gibbs reported that Section 17L of Resolution 88-103 governs procedures for impasses. Correspondence was received by the City Council from John Adams. Mr. Adams is the Chief Negotiator for TPOA and TPSSA. His letter dated April 13, 2005 to the City Council and the Mayor's response dated April 14, 2005 were entered into record. Letter indicated that TPSSA and TPOA will not attend nor participate in hearing. Director Marks Gibbs suggested that Council nevertheless offer bargaining units an opportunity to speak. From a procedural standpoint, since TPSSA and TPOA have declared impasse, it would be appropriate that they first present their position on the items of impasse to the City Council. Once they conclude that, City staff would make its presentation. Director Marks Gibbs indicated that Council had the following options: convene to Closed Session, take no action, provide staff additional direction, and/or adopt proposed resolutions. Mayor Bone :tOted that there were no representatives from bargaining units available to address Council. City Council Special Meeting Minutes April 14,2005 Page 2 of 4 Presentation on Tustin Police Support Services Association Director Marks Gibbs made presentation to Council on the Tustin Police Support Services Association bargaining unit - represents approximately 40 employees, includes civilian support positions such as Communications Officers, Property and Evidence Technicians, Police Support Specialists, and Records and Police Services Officers. In October of 2004 TPSSA presented its request to meet and confer. Pursuant to parameters provided by the City Council, met from November through January on 5 occasions. In late January TPSSA declined the City's Last, Best and Final Offer and declared an impasse. On March 3rd the City Manager conducted an impasse meeting. The purpose of that meeting was to review thé positions of both parties in an effort to reach agreement on the disputed items. In this procedure if mutual agreement cannot be reached on the next step for impasse then rules require a hearing on the merits of the dispute by the City Council. TPSSA had requested an arbitrator and that request was declined as the City has in the past not agreed to have an outside third party make its financial decisions. Director Marks Gibbs summarized salary and heath benefit information as compared to other positions in the 9 city survey group. The City proposed a 4Y:z % across the board increase for bargaining unit. Other proposed increases included: bilingual pay currently $75 per month, proposed $100 per month; night shift differential currently $25 per pay period, proposed $50 per pay period. Communications Officer III last year had a 4% differential in salary, this year proposed 5% differential in salary from the Communications Officer II. Employees with more than 5 years of service, if retiring from the City of Tustin currently receive $182 per month in reimbursement for retiree health insurance; propose increase to $250. The percentage value of the proposed contract is approximately 5.984%. The items of impasse for this group include: Retroactivity for 2004, Retroactivity for 2005, employer contribution - health insurance; employer contribution - retiree medical insurance; and for negotiation purposes TPSSA would like to be compared with the Police Sworn Unit rather than miscellaneous general employees in the City. Council discussion ensued. Presentation on Tustin Police Officers Association Director Marks Gibbs made presentation to Council on the Tustin Police Officers Association (TPOA) unit - approximately 72 employees, includes police officers and police recruits. This unit also requested to have an outside third party, an arbitrator, settle this dispute, which the City declined. City Council Special Meeting Minutes April 14,2005 Page 3 of 4 Director Marks Gibbs indicated that proposed contract would allow for a 4Y:z % increase across the board. Other increases include: education incentive - AA degree or its equivalent, currently $150/month, proposed to increase to $175; a Bachelor's degree $300/month, proposed increase to $325; currently pay nothing for a Master's degree, proposed $375; increase general leave payout to 2Y:z times the annual accrual rate; uniform allowance - currently $400/year, proposed $429; commercial officer specialty assignment and bike team specialty pay from 3 months to 9 months; and contribution of $20.50 per month per employee to the TPOA Long Term disability program. The percentage value of the proposed contract is approximately 6.2%. City Manager Huston recommended adoption of Resolutions 05-59 and 05-60. There were no public speakers on the items listed on the Agenda. Mayor Pro Tem Davert indicated support of resolution if retroactivity for 2005 included; not support them without retroactivity. Balance of Council concurred that proposed contract is fair and generous to both bargaining units and rejected retroactivity for 2005 as necessary and important component of good faith bargaining and sets precedent for future negotiations. Motion: It was moved by Councilmember Hagen, seconded by Councilmember Amante, to adopt resolutions. Motion carried 3-1 (Davert opposed, and Kawashima absent). - RESOLUTION NO. 05-59 - A resolution of the City Council of the City of Tustin, California, amending the Classification and Compensation Plan for the City of Tustin and implementing revised wages, fringe benefits and terms and conditions of employment for employees represented by the Tustin Police Support Services Association - RESOLUTION NO. 05-60 - A resolution of the City Council of the City of Tustin, California, amending the Classification and Compensation Plan for the City of Tustin and implementing revised wages, fringe benefits and terms and conditions of employment for employees represented by the Tustin Police Officers Association - Officers Unit PUBLIC INPUT - None ADJOURNMENT - 4:25 p.m. - The next regular meeting of the City Council is scheduled for April 18, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council Special Meeting Minutes April 14,2005 Page 4 of 4 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA Agenda Item 2 Reviewed: ~ City Manager Finance Director ~ APRIL 18, 2005 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Reuse Plan Disposal Parcels 10, 11 & 12 at Tustin Legacy. City Neaotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel. Neaotiators for Vestar/Kimco: Rick Kuhl. Under Neaotiation: Price and Terms of Payment. PUBLIC MEETING CALL TO ORDER - 7:02 P.M. INVOCATION - Councilmember Amante PLEDGE OF ALLEGIANCE - Goldie Nannes City Councii Meeting Minutes April 18,2005 Page 1 017 ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: CERTIFICATE OF RECOGNITION - Tustin Madrigals CLOSED SESSION REPORT - Nothing to report FIRST PUBLIC INPUT - . Danny Aguilar; Reverend Charles Cameron; Annette Siemssen; and Liz Villalobos - "The Cottages" residents spoke about tenant relocation and other related issues. . Greg Taddeo, spoke on the Constitutional 1st Amendment. . Debra and Erik Allard, spoke about a dispute with neighbor over excessive noise and harassment. PUBLIC HEARING 1. GENERAL PLAN AMENDMENT 05-001 The proposed project is a General Plan Amendment to the City's Circulation Element to reclassify a street segment of EI Camino Real between First Street and Newport Avenue from a four-lane Secondary Arterial to a two-lane collector roadway. On April 11, 2005, the Planning Commission recommended that the City Council approve the General Plan Amendment. Applicant: City of Tustin Senior Project Manager of Transportation Doug Anderson presented staff report. Public hearing opened at 7:30 p.m. There were no speakers and the public hearing was closed at 7:30 p.m. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Kawashima, to adopt resolutions. Motion carried 5-0. RESOLUTION NO. 05-61 - A resolution of the City Council of the City of Tustin, California, adopting the Final Negative Declaration as adequate for General Plan Amendment 05-001, as required by the California Environmental Quality Act City Council Meeting Minutes April 18,2005 Page 2 of 7 RESOLUTION NO. 05-62 - A resolution of the City Council of the City of Tustin approving General Plan Amendment 05-001 to establish a Collector Arterial designation and to reclassify EI Camino Real between First Street and Newport Avenue from a Secondary Arterial to a Collector Arterial 2. MODIFYING CERTAIN FEES AND SERVICE CHARGES BY THE PARKS AND RECREATION DEPARTMENT Public hearing to approve revised fee schedule for the Parks and Recreation Department to recover the cost of providing certain specified services. Such revisions would become effective July 1, 2005. Legal Notice published in the Tustin News on March 31 and April 7, 2005 Parks and Recreation Director Patrick Sanchez presented staff report. Public hearing opened at 7:36 p.m. There were no speakers and the public hearing was closed at 7:36 p.m. Motion: It was moved by Councilmember Hagen, seconded by Mayor Pro Tem Davert, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 05-55 - A resolution of the City Council of the City of Tustin, California, modifying certain fees and service charges for the Parks and Recreation Department 3. JUSTICE ASSISTANCE GRANT (JAG) PROGRAM Congress established the Byrne Justice Assistance Grant (JAG) program in the 2005 Omnibus Appropriations Package. The JAG program blends the previous Edward Byrne Formula Grant (Byrne) and the Local Law Enforcement Block Grant (LLEBG) programs into one new program, which is intended to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. The Police Department proposes to use the 2005-2006 JAG funds to provide supplemental funding to the Proactive Methamphetamine Task Force (PROACT) and to purchase additional communications equipment, specifically hand-held radios. Legal Notice published in the Tustin News on March 31, 2005 Police Chief Scott Jordan presented staff report. Public hearing opened at 7:39 p.m. There were no speakers and the public hearing was closed at 7:39 p.m. City Council Meeting Minutes April 18,2005 Page 3 of 7 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to authorize usage of the funds as recommended by the Police Department. Motion carried 5-0. CONSENT CALENDAR - It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to approve Consent Calendar items 4 through 8,10 through 13 and 16 as recommended by staff. Motion carried 5-0. 4. APPROVAL OF MINUTES - REGULAR MEETING OF APRIL 4, 2005 Motion: Approve the Regular City Council Meeting Minutes of April 4, 2005. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $744,624.34 and $390,035.18; and Payroll in the amount of $561 ,508.07 6. QUARTERLY INVESTMENT REPORT Motion: Receive and file. 7. CONSIDERATION OF CLAIM OF SILVANA DIFILIPPO, CLAIM NO. 05-11 Motion: That the City Council deny Claim No. 05-11, Silvana Defilippo, and direct staff to send notice thereof to the Claimant. 8. PLANNING ACTION AGENDA - APRIL 11,2005 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Motion: Ratify the Planning Commission Action Agenda of April 11, 2005. 9. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This report transmits two John Wayne Airport Noise Abatement Quarterly Reports for the first and second quarters of 2004. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School, remained relatively the same during the first and second quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. City Council Meeting Minutes April 18,2005 Page40f7 10. 11. 12. 13. Mayor Bone questioned staff regarding a rise on complaints. Director of Community Development Elizabeth Binsack would request further information from County and report back to Council. Motion: It was moved by Mayor Bone, seconded by Mayor Pro Tem Davert, to receive and file report. Motion carried 5-0. AUTHORIZATION FOR THE STATE TO PURCHASE ONE FLATBED/DUMP TRUCK Motion: Adopt resolution. RESOLUTION NO. 05-56 - A resolution of the City Council of the City of Tustin California authorizing the Department of General Services of the State of California to purchase certain items AUTHORIZATION FOR THE STATE TO PURCHASE ONE UTILITY BED TRUCK WITH ACCESSORIES Motion: Adopt resolution. RESOLUTION NO. 05-57 - A resolution of the City Council of the City of Tustin California authorizing the Department of General Services of the State of California to purchase certain items APPROVAL OF A JOINT USE AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES WITH SOUTHERN CALIFORNIA EDISON COMPANY IN CONJUNCTION WITH THE NEWPORT AVENUE EXTENSION / SR-55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) Motion: Approve the Joint Use Agreement for replacement of overhead with underground electrical facilities with Southern California Edison Company, and authorize the Mayor and City Clerk to execute the Joint Use Agreement on behalf of the City. AWARD OF A CONTRACT FOR THE PURCHASE OF REVERSE OSMOSIS MEMBRANE ELEMENTS FOR THE 17TH STREET DESALTER Motion: Award a contract for the purchase of membrane elements to Toray Membrane America, Inc. and authorize the proposed fund transfer. City Council Meeting Minutes April 18,2005 Page 5 of 7 14. STRUCTURAL FIRE FUND TAX EXCHANGE RESOLUTION FOR ANNEXATION NO. 159 AND ANNEXATION PROPERTY TAX PASS-THROUGH AGREEMENT WITH ORANGE COUNTY FIRE AUTHORITY (OCFA) Councilmember Hagen requested clarification from staff. City Manager Bill Huston responded the Joint Powers agreement set rules for annexations, balance of base was not under structural fire fund. Motion: It was moved by Council member Hagen, seconded by Mayor Pro Tem Davert to approve as recommended by staff. Motion carried 5-0. 14.a. Adopt resolution; and RESOLUTION NO. 05-65 - A resolution of the City Council of the City of Tustin approving a Structural Fire Fund Tax Exchange rate of 100 percent from the Orange County Structural Fire Fund to the City of Tustin for the proposed Annexation of Marine Corps Air Station (MCAS) Tustin Reuse Plan Disposition Parcel 36, identified as Annexation No. 159. 14.b. Approve the Annexation Property Tax Pass-Through Agreement with the Orange County Fire Authority. 15. CITY OF TUSTIN RESPONSE TO CITY OF IRVINE DRAFT ENVIRONMENTAL IMPACT REPORT FOR IRVINE PLANNING AREAS 1, 2, AND 9 Mayor Bone requested clarification from staff. City Engineer Tim Serlet requested authorization tq modify draft letter to remove any concerns regarding the Master Plan of Arterial Highway amendment related to Culver Drive. Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Amante, to authorize staff to forward the attached response letter to the City of Irvine. 16. CITY OF TUSTIN RESPONSE TO CITY OF SANTA ANA DRAFT ENVIRONMENTAL IMPACT REPORT FOR MACARTHUR PLACE SOUTH Motion: Authorize staff to forward the attached response letter to the City of Santa Ana. SECOND PUBLIC INPUT - None City Council Meeting Minutes April 18,2005 Page 6 of 7 OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: Reported that Assembly Bill 991 amending the Orange County Vector Control Board composition was modified to include 11 members instead of the current 35 member body. Councilmember Kawashima: Commented on Veteran's Day Parade article in newspaper, Council strongly supports Veterans; and Reported that April 26 would be Senior Center awards luncheon in honor of volunteers. Council member Hagen: Welcomed students in the audience; and Commented on newspaper article regarding Veteran's Day Parade, stated that parade poorly attended in past, would support a picnic in park in lieu of parade. Mayor Pro Tem Davert: Reported that Council member Amante and he, attended a joint conference between cities and school boards to work together and plan for future; and Informed all that he was disappointed with article in Tustin News regarding Veteran's Day Parade - Council has always supported Veterans; invited press to review past Council meeting tapes to validate support; indicated American Legion had not submitted proposal for event and thus article was impetuous. Mayor Bone: Reported on League of Cities Transportation Communications and Public Works Committee; discussed state pension, 2004/2005 budget; cities encouraged to contact State with questions; Reported on upcoming legislation: AB903 cable television franchises, and ACA7 local government taxation to reduce special taxes. ADJOURNMENT - 8:00 P.M. - The next regular meeting of the City Council was scheduled for Monday, May 2, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. In Memory of Maureen Holthe City Councii Meeting Minutes April 18,2005 Page 7 of 7