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Home My WebLink AboutCC MINUTES 06-18-19CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Dr. Allan Bernstein, Mayor Pro Tem Letitia Clark, Council Member Barry W. Cooper, Council Member Austin Lumbard, Council Member JUNE 18, 2019 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Matthew S. West, City Manager/ Charles E. Puckett, Mayor Acting City Treasurer Erica N. Yasuda, City Clerk David E. Kendig, City Attorney MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2456 at 5:31 p.m. ROLL CALL — City Clerk Present: Mayor Charles E. Puckett and Council Members Letitia Clark, Austin Lumbard and Barry W. Cooper Absent: Mayor Pro Tem Dr. Allan Bernstein City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager PUBLIC INPUT — None CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to discuss Items 2-4 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 — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 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) City Council June 18, 2019 Meeting Minutes Page 1 of 8 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 City of Tustin -Agency 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 City of Tustin -Agency 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 Price and Terms of Payment Recessed at 5:31 p.m. MINUTES OF THE REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2456 at 7:00 p.m. INVOCATION — Pastor Steve Phillips, Journey Church PLEDGE OF ALLEGIANCE — Mayor Charles E. Puckett PRESENTATIONS — City Council June 18, 2019 Meeting Minutes Page 2 of 8 o Mayor Puckett presented a Certificate of Recognition to Ladera Elementary School Teacher Megan Sommers in honor of her years of service in the Tustin Unified School District. CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — None CONSENT CALENDAR ITEMS 1 — 6 It was moved by Council Member Clark and seconded by Council Member Lumbard to pull Item No. 4 and approve the balance as recommended by staff. Motion carried: 4-0 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 — 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. Motion: 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. Motion: 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. 4. APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM (PROPOSITION 68) GRANT FUNDS City Council June 18, 2019 Meeting Minutes Page 3 of 8 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. City Manager Matthew S. West, Director of Parks and Recreation David A. Wilson and Deputy Director Chad Clanton provided an overview of the project. It was moved by Council Member Clark and seconded by Council Member Lumbard to 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. Motion carried: 4-0 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). Motion: It is recommended that the City Council take the following actions: 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 Minutes Page 4 of 8 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. Motion: 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. It was moved by Council Member Clark and seconded by Council Member Cooper to: 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 Minutes Page 5 of 8 Motion carried: 4-0 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. It was moved by Council Member Cooper and seconded by Council Member Clark to: 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. Motion carried: 4-0 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 City Council June 18, 2019 Meeting Minutes Page 6 of 8 Due to a lack of quorum, staff recommends cancellation of the September 3, 2019 City Council meeting. It was moved by Council Member Lumbard and seconded by Mayor Puckett to direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting on September 3, 2019. The City Council hereby waives notice of said meeting as required by Government Code §54954. Motion carried: 4-0 COUNCILMEMBER COMMENTS AND REPORTS Council Member Cooper .lima 7 Attended the American Legion Post 227 meeting; thanked the American Legion for all that they do for the city o Spoke at a broker's preview regarding current development in the city o Attended the Chamber of Commerce Luncheon June 14 Attended the Flag Day Ceremony June 15 Attended the Miss Tustin Send Off Party held at Tustin Awards; thanked Jake and Mary Hill Council Member Lumbard Announced he now owns a Hawaiian shirt Council Member Clark June 7 Met with Kareem Morsi who was a participant on Lemonade Day; presented a Certificate of Recognition to him June 15 . o Attended the Police Department Open House o Attended a soft opening at the Flight Mess Hall Unable to attend the Miss Tustin Send Off Party, however gave Keenen Pasztor flowers and wished her the best City Council June 18, 2019 Meeting Minutes Page 7 of 8 Announced she is honored to receive the 2019 Champion of Kids award from The Raise Foundation on June 30th; encouraged all to attend the gala Mayor Puckett June 5 Along with City Manager Matthew S. West, conducted a shelter tour for the Newport Beach City Manager and City Council June 7 Attended the Exchange Club Comedy Night Fundraiser June 8 Attended the Boys and Girls Club of Tustin Fundraiser: The District Grill and Chill June 8 Attended the Transportation Corridor Agencies Board of Directors meeting June 12 Attended the Transportation Corridor Agencies Executive Committee meeting June 14 Attended the Flag Day Ceremony June 15 o Attended the Police Department Open House o Attended the Miss Tustin Send Off Party held at Tustin Awards; congratulated Keenen Pasztor June 16 Attended the Republican Flag Day Dinner Announced on June 20th, he will partake in the world's largest swim lesson at Blue Buoy Swim School; encouraged all to join Announced the Mayor's Business Recognition Luncheon will be held on June 20th ADJOURNED at 7:27 p.m. 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, 00 Centennial Way, Tustin, California. CHARLES E. PUCKETT, ERICA N. YA DA, Mayor City Clerk City Council June 18, 2019 Meeting Minutes Page 8 of 8