HomeMy WebLinkAbout02 CC MINUTES 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
Agenda Item 2
Reviewed:
City Manager ER
Finance Director N/A
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 at 5:30 p.m.
ATTENDANCE
Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and
Councilmembers Rebecca "Beckie" Gomez, Al Murray and
Councilmember Dr. Allan Bernstein
Absent: None
City Clerk: Jeffrey C. Parker, City Clerk
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 — INITIATION OF LITIGATION
[Government Code § 54956.9(d4)] — Two Cases
2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION
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[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
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
RECESSED at 5:31 p.m.
RECONVENED at 7:05 p.m.
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 at 7:05 p.m.
City Council and Successor Agency June 16, 2015
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INVOCATION — Mayor Pro Tem Nielsen
PLEDGE OF ALLEGIANCE — Mayor Puckett
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no
reportable action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Tina Blenz
PRESENTATION — Mayor Puckett presented a Certificate of Achievement for Excellence
in Financial Reporting to the Finance Department
PUBLIC HEARING ITEM NO. 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.
Public hearing opened at 7:14 p.m.
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2. Marjorie Sunbist
Public hearing closed at 7:17 p.m.
CR&R Compliance Manager Maria Lazaruk addressed questions from the City
Council
It was moved by Councilmember Bernstein and seconded by Councilmember
Murray that the City Council conduct a public hearing to receive testimony on
City Council and Successor Agency June 16, 2015
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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.
Motion carried: 5-0
CONSENT CALENDAR ITEMS 2-8
It was moved by Councilmember Murray and seconded by Councilmember
Bernstein to pull Item No. 6 and approve the balance as recommended by staff.
Motion carried: 5-0
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
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.
City Council and Successor Agency June 16, 2015
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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
Mayor Pro Tem Nielsen recused himself due to a conflict of interest in real
property.
Amendment No. 5 with So Cal Sandbags, Inc. for Tustin Legacy Property
Management/Caretaker services.
It was moved by Councilmember Bernstein and seconded by Councilmember
Murray to 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.
Motion carried: 4-0-1
Mayor Pro Tem Nielsen returned to the dais
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
City Council and Successor Agency June 16, 2015
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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
REGULAR BUSINESS ITEMS 9-11
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
Administrative Services Manager Sean Tran provided a PowerPoint
presentation.
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.
It was moved by Mayor Puckett and seconded by Councilmember Murray to:
1. Adopt revised 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;
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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.
Motion carried: 5-0
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
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.
It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember
Gomez to:
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.
Motion carried: 5-0
RESOLUTION NO. 15-32
City Council and Successor Agency June 16, 2015
Minutes Page 7 of 14
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.
It was moved by Councilmember Murray and seconded by Councilmember
Bernstein to:
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
Motion carried: 5-0
SPECIAL MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY REGULAR
BUSINESS ITEM NO. 12
12. DISPOSITION PACKAGE 1C WEST — 3rd AMENDMENT TO EXCLUSIVE
NEGOTIATION AGREEMENT (ENA) WITH REGENCY CENTERS
ACQUISITIONS, LLC.
Mayor Pro Tem Nielsen recused himself due to a potential conflict of interest in
real property.
Approval is requested to amend the ENA with Regency Centers Acquisition,
LLC (Developer) to modify the negotiation schedule, and related changes.
City Council and Successor Agency June 16, 2015
Minutes Page 8 of 14
It was moved by Councilmember Bernstein and seconded by Councilmember
Gomez to authorize the City Manager to execute the 3rd Amendment to the
ENA between the City and Regency Centers Acquisition, LLC subject to any
non -substantive modifications as may be deemed necessary and/or
recommended by the City's special real estate counsel or the City Attorney.
Motion carried: 4-0-1
Mayor Pro Tem Nielsen returned to the dais.
OTHER BUSINESS/COMMITTEE REPORTS
CITY MANAGER JEFFREY C. PARKER
Thanked all departments for their hard work on implementing a two-year budget
Reported on the City's upcoming projects presented at the State of the City event on June
11, 2015
COUNCILMEMBER BERNSTEIN
June 5
Attended the Water Advisory Committee of Orange County meeting
Particpated in the Orchard Hills school Exit Interviews, honored to be invited
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Attended the Tustin Chili Cook -off; thanked Parks and Recreation and the Tustin Police
Department
June 11
Met with members of the Veterans Advisory Committee
Attended the grand opening of the Discovery Science Center's new building;
congratulated the Orange County Vector Control who now has an exhibit; invited all to visit
the new exhibit
Chaired the Association of California Cities Water Committee; thanked Public Works
Director Doug Stack for his presentation regarding the water crisis; provided an update on
Proposition 1 Water Bond
Attended Tustin's State of the City event; thanked Stephanie Najera and Elise Perkins;
congratulated Mayor Puckett
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Attended the Association of California Cities of Orange County Infrastructure Summit;
participated in a panel discussion on desalination; thanked Lacy Kelly
Attended the Flag Day Salute; keynote speaker was Rand Paul
June 13
Attended the Tustin Police Department Open House; congratulated Chief Celano on a
wonderful event; thanked the Department for their service
Congratulated the Finance Department for achieving the Certificate of Achievement for
Excellence in Financial Reporting
Wished all a happy Father's Day
Reminded all to attend the Relay for Life event on Saturday, June 20 at Currie Middle
School
COUNCILMEMBER GOMEZ
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Participated in the Orchard Hills Exit Interviews for the outgoing eighth graders; great
opportunity for the students to present their work and progress through their middle school
years to various community members
June 7
Reported that the Chili Cook -off was well -attended and everyone seemed to have an
enjoyable time; received many positive comments about the entertainment and the variety
of booths; thanked everyone for keeping the event safe
June 11
Reported that the State of the City event was very enjoyable; received many positive
comments about the Community Center, the video and the event. Suggested that the
food be available after the presentation to allow some late arrivals an opportunity to have
some food from our local restaurants.
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Announced the Senior Citizens Advisory Council met:
• The Veterans Services Office will have a Veterans' Summit at Saddleback College on
November 6, 2015. The event will include presentations, workshops and a resource
fair.
• The 2015 Senior Summit will be held on Friday July 24, 2015 from 9:00 am to 12:45
pm in Laguna Woods. Please RSVP by July 17 by calling 714-480-6450 if you would
like to attend. There will be several speakers from UCI, CalOptima, the Alzheimer's
Association and Age Well Senior Services as well as a resource fair.
City Council and Successor Agency June 16, 2015
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• Farmers' Market Vouchers are available at the Office on Aging for those low income
seniors over the age of 60. If the person is not able to go to the Office on Aging, a
proxy form can be completed to allow another person to obtain the voucher for the
senior
• The California Commission on Aging will hold their annual meeting on November 18
and 19 at the Oasis Senior Center in Corona del Mar.
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Reported that the Tustin Police Department Open House was well -attended; received
many positive comments about the other agencies represented
June 15
Attended the Senior Legislative Committee meeting; discussed current legislation. The
Orange County Sheriff's Department provided an informative presentation on identity theft,
most recent scams and computer safety:
o For more information visit: http://ocsd.org/about/info/safe/scams and
www.FTC.gov/idtheft
Congratulated the Finance Department and employees for preparing the two year budget
COUNCILMEMBER MURRAY
June 3
Attended the final Chili Cook -off committee meeting
June 4
Attended the Orange County Transportation Authority 3rd District Bike Study public
meeting regarding bike trails and bike safety
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Attended the Tustin Chili Cook -off and Street Fair; thanked staff, volunteers and the Tustin
Police Department for keeping 40,000 attendees safe
June 8
Attended the Orange Count Transportation Authority Board of Directors meeting and the
Los Angeles—San Diego—San Luis Obispo Rail Corridor (LOSSAN Corridor) Board of
Directors meeting
June 9
Spoke at the Irvine Exchange Club luncheon; provided an update on the City of Tustin
and Orange County Transportation Authority
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Attended the Tustin Chamber breakfast, congratulated Officer Mark Turner as the May
Officer of the Month
City Council and Successor Agency June 16, 2015
Minutes Page 11 of 14
Attended the Habitat for Humanity and Home Depot event
June 11
Attended the Orange County Transportation Authority Transit Committee meeting;
discussed improving service delivery
Attended Dr. Bernstein's Association of California Cities of Orange County Water
Committee meeting
Attended Tustin's State of the City event
June 12
Attended the Association of California Cities of Orange County Infrastructure Summit
Attended the Orange County GOP Flag Day event; keynote speaker was Senator Rand
Paul
June 13
Attended the Tustin Police Department Open House
Reported on a recent news article rating Tustin as one of the best places to raise a family
in California; thanked employees that contribute to our high quality of life in Tustin
Reported on AB1217
Reminded all about water safety programs
Announced daughter Emily received a Principals Award for Scholarliness from Ladera
Elementary
MAYOR PRO TEM NIELSEN
Provided an overview of Orange County Sanitation District committees: Operation,
Administration and Legislative
June 4
Attended the Southern California Association of Governments meeting
Attended the Community, Economic and Human Development Committee meeting
Attended the SCAG Regional Council meeting
June 7
Attended the Chili Cook -off; thanked all who participated; thanked the Tustin Police
Department
City Council and Successor Agency June 16, 2015
Minutes Page 12 of 14
Attended the Orange County Sanitation District Legislative Committee meeting
June 12
Attended the Flag Day event; keynote speaker was Rand Paul
June 13
Attended the Tustin Police Department Open House
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Chaired the Association of California Cities of Orange County Energy and Environment
Committee meeting
Announced the Dedication of the Groundwater Replenishment System will be held on
June 26
MAYOR PUCKETT
May 23 -June 3
Attended the U.S. Diplomatic Trade Mission to the People's Republic of China; entered
into a Memoranum of Understanding with Heyuan
June 5
Particpated in the Orchard Hills school Exit Interviews
June 7
Attended the Tustin Chili Cook -off; thanked all those who participated
Honored to speak at Beckman High School
Attended the Habitat for Humanity and Home Depot event
June 12
Attended the Flag Day event; keynote speaker was Rand Paul
June 13
Attended the Tustin Police Department Open House
Attended the Assistance League grand re -opening
Pleased with the State of the City event; thanked Stephanie Najera
CLOSED SESSION UPDATE: City Attorney David E. Kendig: The Council will convene to
discuss Item No. 5 on the Closed Session Agenda: Labor Negotiations
City Council and Successor Agency June 16, 2015
Minutes Page 13 of 14
RECESSED TO CLOSED SESSION at 8:16 p.m.
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
RECONVENED IN OPEN SESSION at 9:31 p.m.
CLOSED SESSION REPORT: City Attorney David E. Kendig: The Council took no
reportable action
ADJOURNED at 9:31 p.m. 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
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