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Home My WebLink About00 CC AGENDA 3.5.19CITY OF TUSTIN REGULAR MARCH 5, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, Acting City Manager/ Letitia Clark, Councilmember Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Councilmember Erica N. Yasuda, City Clerk Austin Lumbard, Councilmember David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2450 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. LIABILITY CLAIMS - [Government Code § 54956.95] — (1 case) A. Claim No. 18-33, Claim of Miles M. Oda 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description 430-252-05 Agency City of Tustin City Negotiators Matthew S. West, Acting City Manager & Jerry Craig, Deputy Director of Economic Development Negotiating Parties OUTFRONT Media, Collin Smith, Vice President — National Real Estate Group Under Negotiation Price and Terms of Payment 5. 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 Action No. SA CV 18-00155 DOC JDE 6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) A. Title: Acting City Manager City Council March 5, 2019 Meeting Agenda Page 2 of 7 REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2450 INVOCATION — Father Bao PLEDGE OF ALLEGIANCE — Mayor Puckett PRESENTATION — ■ Tustin Chamber of Commerce, Totally Tustin CLOSED SESSION REPORT — City Attorney David E. Kendig 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 wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 6) 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 — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 19, 2019. City Council March 5, 2019 Meeting Agenda Page 3 of 7 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 19, 2019. 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: It is recommended that the City Council approve Payroll in the amount of $770,566.84; and Demands in the amount of $5,494,057.89. 4. ADOPT RESOLUTION NO. 19-07 DESIGNATING THE CITY'S AUTHORIZED AGENT FOR THE PURPOSE OF OBTAINING HOMELAND SECURITY GRANT PROGRAM AND EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDING PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY THROUGH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES The California Office of Emergency Services (CaIOES) requires a City resolution on file designating the City's representative for the Homeland Security Grant Program and the Emergency Management Performance Grant. Funds are utilized to make various improvements to the City's Emergency Preparedness Program. Recommendation: That the City Council Adopt Resolution No. 19-07 designating the Chief of Police as the City's authorized agent for the Homeland Security Grant Program and the Emergency Management Performance Grant Program. RESOLUTION NO. 19-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CITY'S AUTHORIZED AGENT FOR THE PURPOSE OF OBTAINING HOMELAND SECURITY GRANT PROGRAM AND EMERGENCY MANAGEMENT PROGRAM GRANT FUNDING PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY THROUGH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES 5. 2018 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR FOR MCAS TUSTIN SPECIFIC PLAN The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. In addition, the City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of City Council March 5, 2019 Meeting Agenda Page 4 of 7 MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS -Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires annual review to ensure compliance with required mitigations. On February 26, 2019, the Planning Commission reviewed the General Plan Annual Report and the Tustin Legacy Annual Mitigation Monitoring Status Report and authorized staff to forward the reports to the City Council. With Council authorization, staff will forward the General Plan Annual Report to the State Office of Planning and Research and the State Department of Housing and Community Development (HCD) in fulfillment of the State's requirement, and receive and file the Annual Tustin Legacy Mitigation Monitoring Status Report. Recommendation: That the City Council: 1. Authorize staff to forward the General Plan Annual Report to the State Office of Planning and Research and the State Department of Housing and Community Development; and 2. Receive and file the Annual Mitigation Monitoring Status Report and authorize staff to submit a subsequent report when considerable and significant activities occur. 6. SECOND READING AND ADOPTION OF ORDINANCE NO. 1500 Ordinance No. 1500 amends Tustin City Code section 5331(n) and adds new Tustin City Code section 5331(o). Recommendation: Have second reading by title only and adoption of Ordinance No. 1500. ORDINANCE NO. 1500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING TUSTIN CITY CODE SECTION 5331 (STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS), SUBSECTION "N" (PARKING BY PERMIT ONLY); AND ADDING A NEW SUBSECTION "O" TO SECTION 5331 OF THE TUSTIN CITY CODE REGARDING THE CITY'S PERMIT PARKING PROGRAM. REGULAR BUSINESS ITEM 7 7. FISCAL YEAR 2018-2019 MID -YEAR BUDGET REVIEW The following is staff's review of the City's first seven (7) months of operations under the adopted/amended FY 2018-19 Budget. Revenues and expenditures for each fund were reviewed and adjusted based on the current economic climate, and City Council March 5, 2019 Meeting Agenda Page 5 of 7 projected expenditures reflect costs to date, service needs, and the timing of when funds would be expended. Recommendation: It is recommended that the City Council approve these supplemental appropriations: Approve a supplemental appropriation of $3,300,000 from unappropriated reserves of the Land Proceeds Fund (Fund 189) to be used towards the pre- payment of unfunded pension liabilities; 2. Approve a supplemental appropriation of $500,000 from unappropriated reserves of the Land Proceeds Fund (Fund 189) to be contributed towards the City's Section 115 OPEB (Other Post -Employment Benefits) Trust at Public Agency Retirement Services (PARS); 3. Approve a supplemental appropriation of $1,363,667 from the unappropriated reserves of the General Fund (Fund 100) and transfer from Land Proceeds Fund (Fund 189) to General Fund for expenditures associated with the various Memorandums of Understanding; 4. Approve a supplemental appropriation of $235,073 from the unappropriated reserves of various funds ($10,200 from Fund 120, $21,000 from Fund 130, $6,400 from Fund 136, $3,130 from Fund 171, $31,200 from Fund 185, $139,543 from Fund 300, $6,600 from Fund 561, and $17,000 from Fund 575) for expenditures associated with the various Memorandums of Understanding; 5. Approve a supplemental appropriation of $655,733 from the unappropriated reserves of the General Fund (Fund 100) for various departmental expenditures associated with ADA Compliance, various professional and consulting services, and tree removal services; 6. Approve a supplemental appropriation of $2,000 from the unappropriated reserves of the Special Events Fund (Fund 180) for expenditures associated with Tiller Days; 7. Approve a supplemental appropriation of $45,735 from the unappropriated reserves of the Workers Compensation Fund (Fund 181) for expenditures associated with a higher than anticipated Department of Industrial Relations assessment; 8. Approve a supplemental appropriation of $106,354 from the unappropriated reserves of the Water Enterprise Capital Fund (Fund 301) for expenditures associated with well maintenance; 9. Approve a supplemental appropriation of $17,297 from the unappropriated bond proceeds of the MCAS 2010 Tax Allocation Bonds Fund (Fund 561) for expenditures associated with capital projects. City Council March 5, 2019 Meeting Agenda Page 6 of 7 OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, April 2, 2019 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 March 5, 2019 Meeting Agenda Page 7 of 7