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Home My WebLink AboutCC MINUTES 06-16-15 CITY OF TUSTIN JOINT REGULAR JUNE 16, 2015 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY ,�Y 0� 300 CENTENNIAL WAY, TUSTIN GST, John Nielsen, Mayor Pro Tern Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember Charles E. Puckett, Mayor David E. Kendig, City Attorney Al Murray, Councilmember Jeffrey C. Parker, City Clerk Dr. Allan Bernstein, Councilmember 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 Tern 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 111 [Government Code § 54956.9(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION City Council and Successor Agency June 16, 2015 Minutes Page 1 of 14 [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 1. Property Tustin Legacy Disposition Package 1C 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, 111Address/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 Minutes Page 2 of 14 INVOCATION — Mayor Pro Tern 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 111 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. 1. Harold Katzman 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 Minutes Page 3 of 14 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 Minutes Page 4 of 14 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 Tern 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 Tern 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 Minutes Page 5 of 14 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; City Council and Successor Agency June 16, 2015 Minutes Page 6 of 14 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 111 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 Tern 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 June 7 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 City Council and Successor Agency June 16, 2015 Minutes Page 9 of 14 June 12 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 June 5 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. June 12 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 Minutes Page 10 of 14 • 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. June 13 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 Sheriffs Department provided an informative presentation on identity theft, most recent scams and computer safety: o For more information visit: http://ocsd.orq/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 June 7 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 June 10 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 June 15 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 [Government Code Section 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association — Management Unit (TPMA) Employee Organization: Tustin Police Officers Association — Officer Unit (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: 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. /d/yfr CHARLES E. PUCKETT, JEF' 9' . PARKER, Mayor Ci City Council and Successor Agency June 16, 2015 Minutes Page 14 of 14