HomeMy WebLinkAbout00 CC AGENDA 6.21.16CITY OF TUSTIN REGULAR JUNE 21, 2016
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY, TUSTIN
Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager
Rebecca Gomez, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney
Al Murray, Councilmember Erica N. Rabe, City Clerk
Charles E. Puckett, Councilmember Jeffrey C. Parker, City Treasurer
CLOSED SESSION MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER — Meeting #2393
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:
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. LIABILITY CLAIMS [Government Code § 54956.95] — Two Cases
A. Claim No. 16-07, Claim of Shane Kern
B. Claim No. 16-12, Claim of Bay Thi Nguyen
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.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Government
Code § 54956.9(a)] - One Case
A. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael
Cohen: Sacramento Superior Court Case No. 34-2015-80002046 CU-WM-
GDS
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] - Three Cases
A. 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
B. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
Address/Description 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 of Economic
Development
Negotiating Parties OliverMcMillan Tustin Legacy Inc.
Under Negotiation Price and Terms of Payment
C. Property 430-271-41, 42, 43, 44, 45, 46, 47, 60, 61, 62, 63,
Address/Description 64, 65 (portion of), 66, 67, 68, 69, 70 (portion of)
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager and John
Buchanan, Deputy Director of Economic
Development
Negotiating Parties Lincoln Property Company Commercial
Under Negotiation Price and Terms of Payment
City Council June 21, 2016
Meeting Agenda Page 2 of 9
REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER — Meeting #2393
INVOCATION — Mayor Pro Tem Bernstein
PLEDGE OF ALLEGIANCE — Councilmember Murray
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig
ORAL COMM UNICATIONIPUBLIC 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.
PRESENTATIONS —
o AT&T Technicians — Dorn Norbury and Paul Roberts
o Orange County Medical Association Physician of the Year Award - Dr. Tim Munzing
o Government Finance Officers Association — Certificate of Achievement for
Excellence in Financial Reporting
o Outgoing Chair Brian Penny - Tustin Chamber of Commerce
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 1 through 12)
City Council June 21, 2016
Meeting Agenda Page 3 of 9
1.
2.
3.
4.
5.
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.
APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY HELD ON JUNE 7, 2016
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council and Tustin Housing Authority held on June
7, 2016.
RATIFICATION OF DEMANDS - PAYROLL
The City Council has approved the use of Government Code Section 37208 to
expedite the payment of City of Tustin obligations that are in accordance with
the approved budget or continued operations authorizations.
Recommendation: That the City Council Confirm and approve Payroll in the
amounts of $649,961.59, $687,803.85 and $668,443.12 as submitted the
following listing of demands issued on behalf of the City in accordance with
Government Code Section 37208.
RATIFICATION OF DEMANDS
The City Council has approved the use of Government Code Section 37208 to
expedite the payment of City of Tustin obligations that are in accordance with
the approved budget or continued operations authorizations.
Recommendation: That the City Council confirm and approve Accounts
Payable in the Amount of $3,078,516.16 as submitted the following listing of
demands issued on behalf of the City in accordance with Government Code
Section 37208.
Type of Listing: Accounts Payable Total Amount
Warrant Runs $ 889,456.66
EFTs $ 2.189,059.40
$ 3,078,516.16
Date: May 27, 2016 — June 9, 2016
NOVEMBER 8, 2016 GENERAL MUNICIPAL ELECTION CANDIDATE
STATEMENT REGULATIONS
City Council June 21, 2016
Meeting Agenda Page 4 of 9
Adoption of the proposed resolution will set the Candidate Statement
regulations for the November 8, 2016 General Municipal Election.
Recommendation: That the City Council adopt Resolution 16-40 establishing
regulations for Candidate Statements to be submitted to the electorate in the
November 2016 General Municipal Election.
RESOLUTION NO. 16-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR CITY
COUNCIL PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO
THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
2016
6. ALERTOC MASS NOTIFICATION SYSTEM
AlertOC is a joint County/City mass notification system designed to keep
residents and businesses informed of emergencies. The current Memorandum
of Understanding (MOU) with the County of Orange for the City's participation
and usage of the County' s AlertOC Mass Notification System will expire on
June 30, 2016. The proposed MOU will extend the City's participation in the
AlertOC program to June 30, 2021.
Recommendation: The Police Department requests Council to authorize the
approval of the "Memorandum of Understanding Between the County of Orange
and Participants for Use of Countywide Mass Notification System".
7. AMENDMENT NO. 6 WITH SO CAL SANDBAGS, INC. FOR TUSTIN
LEGACY PROPERTY MANAGEMENT AND CARETAKER SERVICES
Amendment No. 6 with So Cal Sandbags, Inc. for Tustin Legacy property
management and caretaker services.
Recommendation: That the City Council:
1. Authorize the City Manager to execute Amendment No. 6 with So
Cal Sandbags, Inc. for Tustin Legacy property management and
caretaker services through June 30, 2017; and
2. Authorize the City Manager to execute subsequent annual
amendments with So Cal Sandbags, Inc. for an amount not -to -
exceed $400,000.
8. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL
PACKAGE, FISCAL YEAR 2016-2017
City Council June 21, 2016
Meeting Agenda Page 5 of 9
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 the attached draft Measure M2 Seven -Year Capital Improvement
Program (Fiscal Year 2016-2017 through Fiscal Year 2022-2023); and
2. Authorize the Director of Public Works/City Engineer to submit the City of
Tustin's Measure M2 eligibility package to OCTA.
9. AUTHORIZE A CONSULTANT SERVICES AGREEMENT FOR DESIGN AND
ENVIRONMENTAL SERVICES FOR THE MAIN STREET IMPROVEMENTS
PROJECT (CIP 40087)
Authorization is requested to enter into a Consultant Services Agreement (CSA)
with Kreuzer Consulting Group for design and environmental services for the
Main Street Improvements Project (CIP 40087).
Recommendation: That the City Council:
1. Authorize staff to enter into a Consultant Services Agreement with
Kreuzer Consulting Group for design and environmental services in an
amount not to exceed $405,903; and
2. Appropriate $150,000 from the unappropriated General Fund Reserves
(Fund 100).
10. SET PUBLIC HEARING FOR PUBLIC HEALTH GOALS (PHGs) 2013-2015
REPORT
The California Health and Safety Code requires that water utility agencies with
more than 10,000 service connections prepare a report every three years and
conduct a public hearing to provide information to consumers on the levels of
contaminants in the City's drinking water.
Recommendation: That the City Council set a public hearing for July 5, 2016
at 7:00 p.m. to receive and respond to public comments on the City of Tustin
2013-2015 Public Health Goals Report.
11. CANCELLATION OF THE JULY 19, 2016 AND SEPTEMBER 6, 2016 CITY
COUNCIL MEETINGS
Due to a lack of quorum, staff recommends cancellation of the July 19, 2016
City Council June 21, 2016
Meeting Agenda Page 6 of 9
and September 6, 2016 Regular City Council meetings.
Recommendation: Direct the City Clerk to post a Notice of Cancellation for the
regularly scheduled Council meetings of July 19 and September 6, 2016. The
City Council hereby waives notice of said meetings as required by Government
Code §54954.
12. REVIEW OF CITY'S CONFLICT OF INTEREST CODE
The Political Reform Act requires that no later than July 1 of each even -
numbered year, the City Council direct a review of the City's Conflict of Interest
Code.
Recommendation: That the City Council direct the City Manager, or designee,
to have the City's Conflict of Interest Code reviewed, file a statement of review
with the City Council no later than October 1, 2016 and revise the Conflict of
Interest Code based upon such review, if necessary.
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 13-15)
13. ORDINANCE NO. 1467, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3713 OF THE CITY
CODE REGARDING THE TERM OF MASSAGE ESTABLISHMENT PERMITS
Ordinance No. 1467 amends Section 3713 (Part 1 of Chapter 6 of Article 3) of
the Tustin City Code. Currently, Section 3713 provides that massage
establishment permits must be renewed annually on January 31 of each
calendar year. The proposed ordinance would shift the annual renewal date to
June 30 to reduce staff workload during the Business License renewal period at
the close of the calendar year. Additionally, to facilitate the transition from
calendar -year to fiscal -year permit renewals, the proposed ordinance would
extend the term of massage establishment permits issued on or after January
31, 2016 until June 30, 2017.
Recommendation: That the City Council introduce and have the first reading
by title only of Ordinance No. 1467, and set the second reading at the Council's
next regularly scheduled meeting.
ORDINANCE NO. 1467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 3713 OF THE CITY CODE REGARDING
City Council June 21, 2016
Meeting Agenda Page 7 of 9
THE TERM OF MASSAGE ESTABLISHMENT PERMITS.
14. RESOLUTION NO. 16-01, TUSTIN HOUSING AUTHORITY RESOLUTION
NO. 16-36 APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING
AUTHORITY BUDGETS FOR THE FISCAL YEAR 2016/2017, RESOLUTION
NO. 16-38 SALARY SCHEDULE FOR EXECUTIVE AND MANAGEMENT
COMPENSATION AND BENEFITS, RESOLUTION NO. 16-39 SALARY
SCHEDULE FOR SUPERVISORY COMPENSATION AND BENEFITS
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 2016/2017. This is the 2nd year update of
the Fiscal Year 2015-2017 Biennial Budget.
Recommendation: That the City Council:
Adopt Resolution No. 16-36, adopting the City budget and appropriating
from the anticipated revenues of the City for fiscal year 2016/2017,
Governmental Funds, $117,749,466; Special Revenue Funds,
$64,910,776; and the Water Enterprise Funds, $36,981,585;
Adopt Tustin Housing Authority Resolution No. 16-01, adopting the
Housing Authority budget and appropriating from the anticipated
revenues of the Authority for fiscal year 2016/2017, $367,345; and
Adopt Resolution Nos. 16-38 and 16-39, the salary schedules for the
executive management, management, and supervisory groups in order to
be in compliance with the California Public Employees' Retirement
System (CALPERS) regulation.
RESOLUTION NO. 16-36
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 2016-
2017
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 16-01
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 2016-2017
RESOLUTION NO. 16-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED
EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND
SUPERSEDING RESOLUTION 15-44
City Council June 21, 2016
Meeting Agenda Page 8 of 9
RESOLUTION NO. 16-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED
SUPERVISORY EMPLOYEES, AND SUPERSEDING RESOLUTION 15-46
15. APPROPRIATION LIMIT FOR FISCAL YEAR 2016/2017
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 updated 2nd Year
Budget as presented to the City Council on June 21, 2016,
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 2016/2017 appropriations limit.
2. Adopt Resolution No. 16-37 setting the appropriation limit for Fiscal Year
2016/2017 at $82,940,408.
RESOLUTION NO. 16-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT
FOR THE FISCAL YEAR 2016-2017 IN ACCORDANCE WITH ARTICLE XIII B
OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION
7910 OF THE GOVERNMENT CODE
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, July 5, 2016 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 June 21, 2016
Meeting Agenda Page 9 of 9