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Home My WebLink About00 CC AGENDA 6.16.15CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY John Nielsen, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember JUNE 16, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager Charles E. Puckett, Mayor David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pamela Arends-King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2370 ATTENDANCE 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: 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Government Code § 54956.9(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael Cohen: Sacramento Superior Court Case No. 34- 2015-80002046 CU-WM-GDS; and response filed by South Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the meeting are available for public inspection at the following locations: In the City Clerk's Office during regular business hours and following business hours (after 5:30 p.m.) in the Council Chamber on the day of the meeting. Orange County Community College District 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases Property Tustin Legacy Disposition Package 1 C to include Address/Description Lots 1, X and Y of Tract Map 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and Terms of Payment 2. Property Parcel numbers 430-371-18, 19, 20, 21, 22, 23, 24, Address/Description 25, 26, 27, 28, 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director Economic Development Negotiating Parties MDO Holdings LLC Under Negotiation Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2370 INVOCATION — Mayor Pro Tem Nielsen PLEDGE OF ALLEGIANCE — Mayor Puckett ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig City Council and Successor Agency June 16, 2015 Meeting Agenda Page 2 of 8 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. PRESENTATION - Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to the City of Tustin for its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2014 PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1. PUBLIC HEARING FOR SOLID WASTE RATE INCREASE Prior to solid waste and recycling rates being increased on July 1, 2015, the City Council is required by Proposition 218 to notify all affected customers and conduct a protest hearing to review and set rates. Written notification was provided to all property owners and customers that will be affected by the rate change in accordance with Proposition 218. Recommendation: That the City Council conduct a public hearing to receive testimony on the proposed solid waste and recycling rate increases scheduled to take effect July 1, 2015 and if no majority protest exists approve the proposed rates. 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 2 through 8) 2. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 3. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY City Council and Successor Agency June 16, 2015 Meeting Agenda Page 3 of 8 COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON JUNE 2, 2015 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council and The Successor Agency to the Tustin Community Redevelopment Agency held on June 2, 2015. 4. 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 Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $636,371.78; and Demands in the amount of $1,713,443.14. 5. DESTRUCTION OF RECORDS - POLICE DEPARTMENT Government Code Section 34090 and the City of Tustin Records Retention Schedule (Resolution No. 01-91) permit the destruction of records which meet certain criteria with the approval of the City Council by resolution and the written consent of the City Attorney. Penal Code Section 832.5 requires the Police Department to retain certain reports and records relating to administrative investigations for a period of at least five years before being disposed of in accordance with Government Code Section 34090. Recommendation: Adopt Resolution No. 15-28 authorizing the destruction of police records no longer required in possession of the Tustin Police Department. RESOLUTION NO. 15-28 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 TUSTIN POLICE DEPARTMENT THAT ARE NO LONGER REQUIRED FOR TUSTIN POLICE DEPARTMENT BUSINESS PURSUANT TO GOVERNMENT CODE SECTION 34090 AND THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE 6. TUSTIN LEGACY PROPERTY MANAGEMENT/CARETAKER SERVICES Amendment No. 5 with So Cal Sandbags, Inc. for Tustin Legacy Property Management/Caretaker services. Recommendation: That the City Council authorize the City Manager to execute Amendment No. 5 with So Cal Sandbags, Inc. for Tustin Legacy Property Management/Caretaker Services through June 30, 2016. City Council and Successor Agency June 16, 2015 Meeting Agenda Page 4 of 8 7. APPROVE FIRST AMENDMENT TO AGREEMENT NO. D11-066 TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) PROGRAMS IN THE NEWPORT BAY WATERSHED Agreement No. D11-066 provides for the joint funding of the Nutrient, Fecal Coliform, and Toxics studies in the Newport Bay Watershed pursuant to provisions of Section 303(d) of the Federal Clean Water Act and the Total Maximum Daily Load (TMDL) as adopted by the Santa Ana Regional Water Quality Control Board and the United States Environmental Protection Agency. The Agreement was for a three year period and is set to end on June 30, 2015. The first Amendment will renew Agreement No. D11-066 for another three year period to end June 30, 2018. Recommendation: That the City Council approve the First Amendment to Agreement No. D11-066, Agreement to Fund Nutrient, Fecal Coliform and Toxics TMDL Programs in the Newport Bay Watershed, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 8. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2015-2016 In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendation: That the City Council take the following actions: 1. Adopt Resolution No. 15-34 concerning the City's Circulation Element for Master Plan of Arterial Highways consistency; and 2. Adopt the attached draft Measure M2 Seven -Year Capital Improvement Program (Fiscal Year 2015-2016 through Fiscal Year 2021-2022); and 3. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to the Orange County Transportation Authority. RESOLUTION NO. 15-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE CITY OF TUSTIN City Council and Successor Agency June 16, 2015 Meeting Agenda Page 5 of 8 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9 through 11) 9. RESOLUTION NO. 15-31, TUSTIN HOUSING AUTHORITY RESOLUTION NO. 15-01 APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING AUTHORITY BUDGETS FOR THE FISCAL YEAR 2015/2016, AND RESOLUTION NO. 15-36 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 Fund for Fiscal Year 2015/2016. Recommendation: That the City Council: 1. Adopt Resolution No. 15-31, adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2015/2016, Governmental Funds, $86,833,700; Special Revenue Funds, $68,088,500; and the Water Enterprise Funds, $31,002,200; 2. Adopt Tustin Housing Authority Resolution No. 15-01, adopting the Housing Authority budget and appropriating from the anticipated revenues of the Authority for fiscal year 2015/2016, $335,700; and 3. Adopt Resolution No. 15-36, the City's salary schedule to be in compliance with the California Public Employees' Retirement System (CALPERS) regulation. RESOLUTION NO. 15-31 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 2015- 2016 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 15-01 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 2015-2016 RESOLUTION NO. 15-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN City Council and Successor Agency June 16, 2015 Meeting Agenda Page 6 of 8 10. APPROPRIATION LIMIT FOR FISCAL YEAR 2015/2016 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 May 20, 2015 with subsequent revisions. Recommendation: That the City Council: 1. Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2015/2016 appropriations limit. 2. Adopt Resolution No. 15-32 setting the appropriation limit for Fiscal Year 2015/2016 at $77,049,230. RESOLUTION NO. 15-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2015-2016 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 11. SUCCESSOR AGENCY RESOLUTION NO. 15-02 APPROPRIATING FUNDS FOR THE SUCCESSOR AGENCY FOR JULY THROUGH DECEMBER OF FISCAL YEAR 2015/2016 The City Council acting as the Successor Agency to the Tustin Community Redevelopment Agency is requested to approve the attached resolution adopting the budget for the Successor Agency for July through December of Fiscal Year 2015/2016. Recommendation: That the City Council: 1. Adopt Successor Agency Resolution No. 15-02, adopting the Successor Agency budget and appropriating $5,091,948 from the anticipated revenues of the Agency for July through December of fiscal year 2015/2016. SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RESOLUTION NO. 15-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACTING AS SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, ADOPTING THE BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE SUCCESSOR AGENCY FOR THE FISCAL YEAR 2015-2016 City Council and Successor Agency June 16, 2015 Meeting Agenda Page 7 of 8 OTHER BUSINESS/COMMITTEE REPORTS CLOSED SESSION MEETING (Following the Regular Meeting) 5. LABOR NEGOTIATIONS Agency Negotiators: Employee Organization: Employee Organization Employee Organization Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization [Government Code Section 54957.6] Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association — Management Unit (TPMA) Tustin Police Officers Association — Officer Unit (TPOA) Tustin Police Support Service Association (TPSSA) Unrepresented Confidential Employees Unrepresented Supervisory Employees Unrepresented Executive Management and Management Employees Unrepresented Part -Time Employees ADJOURNMENT — The next meeting is scheduled for Tuesday, July 7, 2015 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council and Successor Agency June 16, 2015 Meeting Agenda Page 8 of 8