HomeMy WebLinkAbout02 CC MINUTES 6.21.16 Agenda Item 2
Reviewed:
City Manager ENR
Finance Director N/A
CITY 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
MINUTES OF THE CLOSED SESSION MEETING OF THE
CITY COUNCIL AND TUSTIN HOUSING AUTHORITY
5:30 P.M.
CALL TO ORDER— Meeting #2393 at 5:35 p.m.
ATTENDANCE
Present: Mayor John Nielsen, Mayor Pro Tem Bernstein, and Councilmembers
Rebecca Gomez, Al Murray and Charles E. Puckett
Absent: None
City Clerk: Erica N. Rabe, City Clerk
Others Present: Jeffrey C. Parker, City Manager; 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
City Council June 21, 2016
Meeting Minutes Page 1 of 14
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
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 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
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 Minutes Page 2 of 14
Recessed at 5:36 p.m.
REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY
7:00 P.M.
CALL TO ORDER— Meeting #2393 at 7:03 p.m.
INVOCATION — Mayor Pro Tem Bernstein
PLEDGE OF ALLEGIANCE — Councilmember Murray
ROLL CALL — City Clerk
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied Claim No. 16-07 and 16-12. Other than that there was no reportable
action.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Stu Stivers
PRESENTATIONS —
Mayor Nielsen presented Certificates of Recognition to AT&T Technicians Dorn Norbury
and Paul Roberts to honor their heroic efforts.
Mayor Nielsen presented a Proclamation to Orange County Medical Association Physician
of the Year Award Dr. Tim Munzing.
Mayor Nielsen presented a plaque to the Finance Department in recognition of receiving
the Government Finance Officers Association Certificate of Achievement for Excellence in
Financial Reporting.
City Council June 21, 2016
Meeting Minutes Page 3 of 14
Mayor Nielsen presented a Proclamation to Outgoing Tustin Chamber of Commerce Chair
Brian Penny.
CONSENT CALENDAR ITEMS 1-12
Mayor Nielsen noted the revised recommendation for Item No. 9: Appropriate $50,000 from
the unappropriated General Fund Reserves (Fund 100). It was moved by Councilmember
Murray and seconded by Councilmember Puckett to pull Item No. 7 and approve the balance
as recommended by staff including the revised recommendation for Item No. 9.
Motion carried: 5-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Motion: 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.
2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL
AND TUSTIN HOUSING AUTHORITY HELD ON JUNE 7, 2016
Motion: 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.
3. 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.
Motion: 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.
4. 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.
Motion: 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
City Council June 21, 2016
Meeting Minutes Page 4 of 14
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
5. NOVEMBER 8, 2016 GENERAL MUNICIPAL ELECTION CANDIDATE
STATEMENT REGULATIONS
Adoption of the proposed resolution will set the Candidate Statement
regulations for the November 8, 2016 General Municipal Election.
Motion: 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.
Motion: 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".
Mayor Nielsen recused himself due to a potential conflict of interest in real
property.
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
City Council June 21, 2016
Meeting Minutes Page 5 of 14
management and caretaker services.
It was moved by Councilmember Puckett and seconded by Councilmember
Murray to:
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.
Motion carried: 4-0-1
Mayor Nielsen returned to the dais.
8. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL
PACKAGE, FISCAL YEAR 2016-2017
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).
Motion: 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).
Motion: 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
City Council June 21, 2016
Meeting Minutes Page 6 of 14
2. Appropriate $50,000 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.
Motion: 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
and September 6, 2016 Regular City Council meetings.
Motion: 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.
Motion: 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 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
City Council June 21, 2016
Meeting Minutes Page 7 of 14
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.
It was moved by Councilmember Puckett and seconded by Mayor Pro Tem
Bernstein to 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.
Motion carried: 5-0
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.
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
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 2016/2017. This is the 2nd year update of
the Fiscal Year 2015-2017 Biennial Budget.
It was moved by Councilmember Murray and seconded by Mayor Pro Tem
Bernstein to:
1. 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;
2. Adopt Tustin Housing Authority Resolution No. 16-01, adopting the
Housing Authority budget and appropriating from the anticipated
City Council June 21, 2016
Meeting Minutes Page 8 of 14
revenues of the Authority for fiscal year 2016/2017, $367,345; and
3. 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.
Motion carried: 5-0
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
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.
It was moved by Mayor Pro Tem Bernstein and seconded by Councilmember
Puckett to:
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.
City Council June 21, 2016
Meeting Minutes Page 9 of 14
Motion carried: 5-0
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
City Manager Jeffrey C. Parker
Thanked all departments, especially the Finance Department, for their hard work in
preparing the budget
Councilmember Puckett
Attended the Tustin Chamber of Commerce breakfast
Attended a couple of Transportation Corridor Agencies meetings
Attended the State of the City, congratulated Mayor Nielsen
Attended the Tustin Man and Woman of the Year, congratulated John McGuire and Laurie
Abelove
Attended the Tustin Exchange Club BBQ at the new veteran housing in Tustin; thanked
Randi Bernstein
Played in a military golf tournament to support 5th Marine Regiment
Attended the Flag Day dinner; attended the observance in the courtyard presented by the
American Legion
Attended the Police Department Open House
Attended the Police Department Volunteer Recognition Dinner at the Tustin Ranch Golf
Course; thanked the volunteers for their service
Councilmember Gomez
Attended the Police Department Open House
City Council June 21, 2016
Meeting Minutes Page 10 of 14
Attended the Senior Citizen's Advisory Committee meeting
Attended the Police Department Volunteer Dinner
Wished all a happy and safe Fourth of July
Councilmember Murray
June 8
Attended the Tustin Chamber Breakfast; congratulated Officer Mark Sauerwein for an
outstanding drug arrest of 3/4 pounds of heroin
June 9
o Attended the Orange County Transit Committee meeting
o Attended the Association of California Cities of Orange County Water Committee
meeting with Association of California Water Agencies President Kathy Tiegs;
discussed all things water in California; over 60 public officials and elected officials
attended
o Attended the Beckman High Scholarship and Awards Dinner; daughter Lily was
recognized
o Attended the State of the City
o Attended the Association of California Cities of Orange County Golden Hub Awards
June 10
o Attended the Building Industry Association Insight 2016 Conference in Irvine;
discussed how foreign money is driving the housing market in Orange County and
defining the new normal
o Attended the Tustin Man and Woman of the Year, congratulated John McGuire and
Laurie Abelove
June 11
Attended the Run with a Cop event at Heideman Elementary and Health Fair;
congratulated Tustin Officer Matt Roque for organizing the event
June 13
Attended the Orange County Transportation Authority Board of Directors meeting
June 15
Participated in the City Square Radio Show; discussed drowning prevention and water
safety; guest speaker was the Orange County Drowning Awareness Task Force Vice
Chair and President of the Jasper Ray Foundation Julie Lopiccolo
Announced that on June 29 at 11:00 am, the drowning prevention kick off campaign will
be held at Woollett Aquatics Center in Irvine
City Council June 21, 2016
Meeting Minutes Page 11 of 14
June 16
Attended the Orange County Transportation Authority Legislative and Communications
Committee meeting
Attend the Beckman High Graduation for his daughter Lily; honored to be invited to wear a
robe and accompany Tustin Unified School District Vice President Jonathan Abelove in
presenting graduation diplomas; thanked Superintendent Franklin and the TUSD Board for
the special invitation
June 17
Attended daughter Emily's Ladera Elementary 5th Grade Promotion; she will attend 6th
grade at Pioneer Middle School in September
June 18
Honored to speak at the 314th Military Police Family Readiness event with Lieutenant
Brian Greene at the Tustin Army Reserve Center
Attended the Tustin Police Department Open House
June 20
Attended the Tustin Police Department Volunteer Appreciation Dinner; volunteers
contributed 6700 hours saving the city over $127,000 in labor costs
Shared the Orange County Drowning Prevention PSA video
Announced the City will have water watcher tags as part of the drowning prevention
awareness
Mayor Nielsen thanked Councilmember Murray for his participation in the drowning
prevention task force
Mayor Pro Tem Bernstein
June 8
Attended the Orange County Local Area Formation Committee of Orange County meeting
Attended the Tustin Exchange Club BBQ at the new veteran housing in Tustin
June 9
o Attended the Association of California Cities of Orange County Water Committee
meeting with Association of California Water Agencies President Kathy Tiegs
o Attended the State of the City
June 10
Attended the Tustin Man and Woman of the Year, congratulated John McGuire and Laurie
City Council June 21, 2016
Meeting Minutes Page 12 of 14
Abelove
June 11
Attended the Flag Day Solute; Senator Tom Cotton provided a presentation
June 14
Attended the Flag Day Ceremony by the American Legion; thanked Ivan Bishop
June 15
Attended the Newport Bay Watershed Executive Committee meeting
June 16
o Attended the Orange County Mosquito and Vector Control meeting
o Attended the League of Cities presentation regarding medical marijuana and water
policy
June 17
Attended the memorial ceremony for Chief Celano's mother
June 18
Attended the Tustin Police Department Open House
Wished all fathers a belated happy Father's Day
June 20
Attended the Tustin Police Department Volunteer Appreciation Dinner
Announced Concerts in the Park will begin on June 22
Mayor Nielsen
June 8
o Attended the Tustin Chamber Breakfast; congratulated Officer Mark Sauerwein;
shared that the Officer of the Month program was founded by Jack Schaffer
o Attended the Orange County Sanitation District Administration Committee meeting
June 9
Attended the State of the City
June 10
Attended the Tustin Man and Woman of the Year, congratulated John McGuire and Laurie
Abelove
June 14
City Council June 21, 2016
Meeting Minutes Page 13 of 14
o Attended the Orange County Sanitation District Legislative Committee meeting
Attended the Flag Day Ceremony by the American Legion
June 18
Attended the Tustin Police Department Open House
Announced Concerts in the Park will begin on June 22 at Peppertree Park
Announced the Fourth of July celebration will be held at Tustin High School; Operation
Warm Wishes will be collecting food in the morning
ADJOURNED at 8:21 p.m. 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 Minutes Page 14 of 14