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Home My WebLink About00 CC AGENDA 6.18.19CITY OF TUSTIN REGULAR JUNE 18, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, City Manager/ Letitia Clark, Council Member Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2456 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (2 cases) A. Property Address/Description 430-252-05 Agency City of Tustin City Negotiators Matthew S. West, 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 B. Property Address/Description 430-461-11 Agency City of Tustin City Negotiators Matthew S. West, City Manager & John A. Buchanan, Director of Economic Development Negotiating Parties Flight Venture LLC - David Binswanger, Senior Executive VP Under Negotiation I Price and Terms of Payment REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2456 INVOCATION — Pastor Steve Phillips, Journey Church PLEDGE OF ALLEGIANCE — Mayor Charles E. Puckett City Council June 18, 2019 Meeting Agenda Page 2 of 7 PRESENTATIONS — o Megan Sommers, Ladera Elementary School Teacher o Drowning Prevention Awareness Proclamation, Phil Johnson, Division IV Chief, Orange County Fire Authority o Wildfire Awareness Proclamation, Phil Johnson, Division IV Chief, Orange County Fire Authority 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 SPECIAL MEETING OF THE CITY COUNCIL HELD ON JUNE 4, 2019 AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JUNE 4, 2019. Recommendation: That the City Council approve the Action Minutes of the Special Meeting held on June 4, 2019 and the Regular Meeting of the City Council held on June 4, 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 $795,398.13 and Demands in the amount of $4,710,520.52. City Council June 18, 2019 Meeting Agenda Page 3 of 7 4. APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM (PROPOSITION 68) GRANT FUNDS Authorization is requested to apply for a Statewide Park Development and Community Revitalization Program (Prop 68) grant administrated by the State of California Office of Grants and Local Services for the design and construction of public park amenities at Heideman Elementary School. Recommendation: That the City Council adopt Resolution No. 19-31 approving application for a Statewide Park Development and Community Revitalization Program (Prop 68) Grant to pay for the design and construction of public park amenities at Heideman Elementary School. RESOLUTION NO. 19-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS 5. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2019-2020 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: It is recommended that the City Council take the following actions: 1. Adopt the attached Measure M2 Seven -Year Capital Improvement Program (Fiscal Year 2019-2020 through Fiscal Year 2025-2026); 2. Approve Resolution 19-26 informing the OCTA that there have been no changes to the City's Circulation Element of the General Plan and that it is consistent with the Master Plan of Arterial Highways and that the City concurs with the Mitigation Fee Program for new development; 3. Approve Resolution 19-27 informing the OCTA that the City updated a Pavement Management Program that is in conformance with the OCTA format; and 4. 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. 19-26 City Council June 18, 2019 Meeting Agenda Page 4 of 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM RESOLUTION NO. 19-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM 6. AWARD CONTRACT FOR THE FISCAL YEAR 2018-19 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT, CIP NO. 70018 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Fiscal Year (FY) 2018-19 Roadway Rehabilitation and Sidewalk Repair Project, CIP No. 70018. Recommendation: It is recommended that the City Council award a construction contract to the lowest responsive/responsible bidder, Onyx Paving Company Inc in the amount of $1,637,000.00, for the FY 2018-19 Roadway Rehabilitation and Sidewalk Repair Project, CIP No. 70018 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. REGULAR BUSINESS ITEMS 7-9 7. RESOLUTION NO. 19-01, TUSTIN HOUSING AUTHORITY RESOLUTION NO. 19- 28 APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING AUTHORITY BUDGETS FOR THE FISCAL YEAR 2019/2020 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 2019/2020. Recommendation: 1. Adopt Resolution No. 19-28, adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2019/2020, Governmental Funds, $138,273,803; Special Revenue Funds, $43,730,204; and the Water Enterprise Funds, $33,929,490; and 2. Adopt Tustin Housing Authority Resolution No. 19-01, adopting the Housing Authority budget and appropriating from the anticipated revenues of the Authority for fiscal year 2019/2020, $1,422,645; and 3. Adopt Resolution No. 19-29 amending the City's Classification and Compensation Plans for Executive Management and Management employees. City Council June 18, 2019 Meeting Agenda Page 5 of 7 RESOLUTION NO. 19-28 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 2019-2020 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 19-01 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 2019-2020 RESOLUTION 19-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 19-03 8. APPROPRIATION LIMIT FOR FISCAL YEAR 2019/2020 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 FY2019-2020 Proposed Budget as presented to the City Council on June 4, 2019 and subsequently amended. Recommendation: 1. Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2019/2020 appropriations limit. 2. Adopt Resolution No. 19-30 setting the appropriation limit for Fiscal Year 2019/2020 at $94,144,067. RESOLUTION NO. 19-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2019-2020 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE 9. CANCELLATION OF THE SEPTEMBER 3, 2019 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the September 3, 2019 City Council meeting. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting on September 3, 2019. The City Council hereby City Council June 18, 2019 Meeting Agenda Page 6 of 7 waives notice of said meeting as required by Government Code §54954. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, July 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 June 18, 2019 Meeting Agenda Page 7 of 7