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Home My WebLink About00 CC AGENDA 6.5.18CITY OF TUSTIN REGULAR JUNE 5, 2018 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Rebecca Gomez, Mayor Pro Tem Jeffrey C. Parker, City Manager/ Dr. Allan Bernstein, Councilmember Al Murray, Mayor City Treasurer Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, Councilmember David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2435 ROLL CALL — City Clerk PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION UPDATE — City Attorney David E. Kendig 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 —ANTICIPATED LITIGATION -Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) WRITTEN MATERIALS — Materials that are distributed to a majority of the Council members, less than 72 hours prior to the Regular 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. AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those requiring accommodations for this meeting should notify the City Clerk's Office 72 hours prior to the meeting at (714) 573-3025. 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. LABOR NEGOTIATIONS — [Government Code § 54957.6]: Agency Derick Yasuda, Director of Human Resources and Peter Negotiators: Brown, Liebert Cassidy Whitmore Employee Tustin Municipal Employees Association (TMEA) Organization: Employee Tustin Police Officers Association—Management Unit (TPMA) Organization: Employee Tustin Police Officers Association—Officer Unit (TPOA) Organization: Employee Tustin Police Support Services Management Association Organization: (TPSSMA) Employee Tustin Police Support Service Association (TPSSA) Organization: Employee Unrepresented Confidential Employees Organization: Employee Unrepresented Supervisory Employees Organization: Employee Unrepresented Executive Management and Management Organization: Employees Employee Unrepresented Part -Time Employees Organization: 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, Address/Description 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development Negotiating Parties OMBRP, LLC (Brookfield) Under Negotiation Price and Terms of Payment 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957] — (1 case) Title: City Manager 6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — (1 case) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil City Council June 5, 2018 Meeting Agenda Page 2 of 8 Action No. SA CV 18-00155 DOC JDE 7. LIABILITY CLAIMS - [Government Code § 54956.95] — (2 cases) A. Claim No. 18-11, Claim of Wilfred Bryan Escobar B. Claim No. 18-12, Claim of Chuvlea Daniel REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2435 INVOCATION — Pastor Eric Wakeling, Calvary Church PLEDGE OF ALLEGIANCE — Mayor Murray CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — o 2018 OC Human Relations Awards Recipients: Community -Oriented Policing Tustin Police Department Officers John Hedges, Robert Nelson, and Jorge Sanchez o Orange County Fire Authority Fire Fighter of the Year: Nick Mezzo o Orange County Fire Authority Drowning Prevention Awareness ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter jurisdiction of the City Council. 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 City Council June 5, 2018 Meeting Agenda Page 3 of 8 wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 5) 1. 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. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD MAY 15, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on May 15, 2018. 3. RATIFICATION OF PAYROLL AND 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 approve Payroll in the amounts of $751,767.98 and $771,505.81; and Demands in the amount of $6,327,019.36. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: That the City Council receive and file. 5. SECTION 115 TRUST INVESTMENT GUIDELINES POLICY In April 2017, the City Council approved the establishment of a Section 115 Trust with the Public Agency Retirement Service (PARS) in order to pre -fund the City's pension and Other Post - Employment Benefits (OPEB). Over the last several months, staff worked with the City's actuaries, the City Manager, and the PARS Investment Advisor and have selected the investment of funds in the Section 115 Trust in the Moderate Index Plus asset allocation strategy as described in the attached Investment Guidelines Policy document. The investment choices were reviewed with the Audit Commission and the Investment Sub -Committee who City Council June 5, 2018 Meeting Agenda Page 4 of 8 were in agreement with the investment with PARS in the Moderate Index Plus asset allocation. Recommendation: That the City Council receive and file the Section 115 Trust Investment Guidelines Policy. PUBLIC HEARING ITEMS — A Public Hearing Item provides Individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Items 6-8) 6. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2018-2019 The Tustin Landscape and Lighting District Engineer's Report was completed and approved by the City Council at their May 1, 2018 meeting. At that meeting, the City Council declared its intention to levy annual assessments and set a public hearing for June 5, 2018. In order to levy the annual assessments, the City Council is required to conduct a public hearing and, provided there is no majority protest, adopt Resolution No. 18-13 confirming the annual assessments for Fiscal Year 2018-2019. Recommendation: That the City Council: Conduct a public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2018-2019; and 2. Adopt Resolution No. 18-13 confirming the annual assessments for Fiscal Year 2018-2019. RESOLUTION NO. 18-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 491E-11Wili11067 7. CODE AMENDMENT 2017-003 (ORDINANCE NO. 1493) - ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS Code Amendment (CA) 2017-003 proposes to amend Article 9 Chapter 2 of the Tustin City Code to update the standards and guidelines related to new alcoholic beverage sales establishments. The CA would allow any commercially or City Council June 5, 2018 Meeting Agenda Page 5 of 8 industrially zoned property to request approval for an on- or off-site alcoholic beverage sales license with approval of a conditional use permit; establish new standards and operational guidelines; and, provide processes for issuance and/or revocation of CUPs for sales establishments. On March 13, 2018, the Planning Commission adopted Resolution No. 4360, recommending that the Tustin City Council adopt Ordinance No. 1493, approving CA 2017-003. On May 15, 2018, Tustin City Council continued the item to the June 5, 2018 meeting at staff request. Staff is requesting that the Tustin City Council continue the item again to July 17, 2018 to allow further analysis of the proposed ordinance. (Applicant: City of Tustin) Recommendation: That the Tustin City Council open the public hearing and continue the item to the July 17, 2018, meeting. 8. WORKFORCE HOUSING INCENTIVE PROGRAM ORDINANCE Ordinance No. 1491 proposes to add Chapter 9B to Article 9 (Land Use) of the Tustin City Code (TCC), relating to Workforce Housing Incentive Program. Recommendation: That the City Council: 1. Open and, after public testimony, close the public hearing; and 2. Introduce and have the first reading of the revised Ordinance No. 1491, adding Chapter 9B to Article 9 Chapter 1, relating to Workforce Housing Incentive Program; and set a second reading for the next City Council meeting. ORDINANCE NO. 1491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9B TO ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING WORKFORCE HOUSING INCENTIVE PROGRAM. REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 9-11) 9. RESOLUTION NO. 18-41, TUSTIN HOUSING AUTHORITY RESOLUTION NO. 18-01 APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING AUTHORITY BUDGETS FOR THE FISCAL YEAR 2018/2019 The City Council/Commissioners are requested to approve the attached City Council June 5, 2018 Meeting Agenda Page 6 of 8 Resolutions adopting the budgets for the City, Tustin Housing Authority, and the Water Enterprise Fund for Fiscal Year 2018/2019. This is the 2nd year update of the Fiscal Year 2017-2019 Biennial Budget. Recommendation: That the City Council: 1. Adopt Resolution No. 18-40, adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2018/2019, Governmental Funds, $142,087,422; Special Revenue Funds, $22,313,273; Special Assessment Funds, $16,047,690, and the Water Enterprise Funds, $37,773,630; 2. Adopt Tustin Housing Authority Resolution No. 18-01, adopting the Housing Authority budget and appropriating from the anticipated revenues of the Authority for fiscal year 2018/2019, $525,695. RESOLUTION NO. 18-40 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 2018- 2019 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 18-01 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 2018-2019 10. APPROPRIATION LIMIT FOR FISCAL YEAR 2018/2019 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 5, 2018. 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 2018/2019 appropriations limit. 2. Adopt Resolution No. 18-42 setting the appropriation limit for Fiscal Year 2018/2019 at $90,391,756. RESOLUTION NO. 18-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT City Council June 5, 2018 Meeting Agenda Page 7 of 8 FOR THE FISCAL YEAR 2018-2019 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 11. RESOLUTION PRE -APPROVING CERTAIN EXCUSED COMMISSIONER ABSENCES FROM CITY COMMISSION MEETINGS Consider whether specified reasons for commissioners to miss meetings would be deemed excused by the City Council, or alternatively, provide direction to prepare an ordinance amendment removing the existing exception for Council - approved absences. Recommendation: That the City Council approve Resolution No. 18-43 pre - approving certain grounds for excused commissioner absences from commission meetings. RESOLUTION NO. 18-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN PRE- PPROVING CERTAIN EXCUSED COMMISSIONER ABSENCES FROM CITY COMMISSION MEETINGS OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, June 19, 2018 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 5, 2018 Meeting Agenda Page 8 of 8