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Home My WebLink About00 CC AGENDA 11.04.14CITY OF TUSTIN JOINT REGULAR NOVEMBER 4, 2014 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY 300 CENTENNIAL WAY, TUSTIN Charles E. "Chuck" Puckett, Mayor Pro Tern Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Dr. Allan Bernstein, Councilmember Pamela Arends -King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2355 ATTENDANCE PUBLIC INPUT — Members of the public may address the City Council on items 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: 1. CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION: [Government Code § 54956.9(d2)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. V. Michael Cohen: Case No. 34-2013 - 80001623CUWMGDS; Appellate Court Case No. C076836 3. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION: [Government Code § 54956.9(d4)] — One Case 1. State Department of Finance, et al. v Commission on State Mandates California Supreme Court Case No. S21485 4. LIABILITY CLAIM [Government Code § 54956.95] — One Case 1. Claim of Municipal Auditing Services, Claim No. 14 -23 Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the 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. 5. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 6. PUBLIC EMPLOYMENT: [Government Code § 54957] — One Case 1. Consideration of unpaid leave of absence for employee 7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases 1. Property 430 - 371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, Address /Description 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 Pacific Coast Investors Under Negotiation Price and Terms of Payment 2. Property 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03 Address /Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Under Negotiation Price and Terms of Payment JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2355 INVOCATION — Mayor Murray PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk City Council and Successor Agency November 4, 2014 Meeting Agenda Page 2 of 8 CLOSED SESSION REPORT — City Attorney David E. Kendig ORAL COMMUNICATION /PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. PRESENTATION o Tustin Ranch Golf Course — 25th Anniversary PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1. SPECIFIC PLAN AMENDMENT 2014 -001 (ORDINANCE NO. 1450), MCAS TUSTIN SPECIFIC PLAN The project is a proposed amendment to the Marine Corps Air Station (MCAS) Tustin Specific Plan that would allow park related uses in Planning Area 1. On October 14, 2014, the Planning Commission adopted Resolution No. 4269, recommending that the Tustin City Council adopt Ordinance No. 1450, approving Specific Plan Amendment (SPA) 2014 -001. (Applicant: City of Tustin) Recommendation: That the City Council introduce and have first reading by title only of Ordinance No. 1450, approving Specific Plan Amendment (SPA) 2014 -001 and amending Section 3.3.2 (Planning Area 1) of the MCAS Tustin Specific Plan district regulations by adding park related uses as permitted uses within Planning Area 1 of the MCAS Tustin Specific Plan, and set a second reading for the November 18, 2014 meeting. ORDINANCE NO. 1450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING SPECIFIC PLAN AMENDMENT (SPA) 2014 -001, AMENDING SECTION 3.3.2 (PLANNING AREA 1) OF THE MARINE CORPS AIR STATION (MCAS) TUSTIN SPECIFIC PLAN DISTRICT REGULATIONS BY ADDING USES SUCH AS BALL FIELDS, COURTS, PLAYGROUNDS AND OTHER RECREATION FACILITIES, PRIVATE RECREATIONAL FACILITIES, PUBLIC PARK, SPORTS FIELD LIGHTING, NATURE CENTER, AND OTHER CIVIC AND COMMUNITY CENTER BUILDINGS AS PERMITTED USES WITHIN PLANNING AREA 1 OF THE MCAS TUSTIN SPECIFIC PLAN City Council and Successor Agency November 4, 2014 Meeting Agenda Page 3 of 8 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 2 through 8) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON OCTOBER 21, 2014 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council and the Successor Agency to the Tustin Community Redevelopment Agency held on October 21, 2014. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $684,123.24 and Demands in the amount of $3,106,895.01. 4. CONSULTANT SERVICES AGREEMENTS FOR ENGINEERING DESIGN SERVICES FOR THE SIMON RANCH RESERVOIR, BOOSTER PUMP STATION, AND PIPELINE REPLACEMENT PROJECT (CIP NO. 60114) Consultant Services Agreements (CSA) with Tetra Tech, Inc. and AKM Consulting Engineers have been prepared to provide engineering design services to prepare plans, specifications and cost estimates for the Simon Ranch Reservoir, Booster Pump Station, and Pipeline Replacement Project (CIP No. 60114). Recommendation: That the City Council receive and file this report. 5. ADOPT RESOLUTION NO. 14 -67 TO ACCEPT IMPROVEMENTS FOR THE FY 2013 -14 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP NO. 70001) Construction of the Fiscal Year (FY) 2013 -14 Roadway Rehabilitation and Sidewalk Repair Project (CIP 70001) has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. City Council and Successor Agency November 4, 2014 Meeting Agenda Page 4 of 8 7. Recommendation: That the City Council: 1. Adopt Resolution No. 14 -67 accepting the construction of the FY 2013 -14 Roadway Rehabilitation and Sidewalk Repair Project (CIP 70001); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 14 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FY 2013 -14 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP 70001) DOWNTOWN COMMERICAL CORE PLAN UPDATE The purpose of this report is to update the City Council on the progress made to date on the preparation of the Downtown Commercial Core Plan and provide the City Council the current schedule for project completion. Recommendation: That the City Council receive and file this report. DESTRUCTION OF RECORDS — COMMUNITY DEVELOPMENT DEPARTMENT The Community Development Department is in the process of establishing a new file management system. In an effort to archive and retain City records as required by State law and the City's record retention schedule, and conserve storage space, staff has reviewed and identified outdated reference and information files. The Community Development Department requests permission to destroy the records listed in Exhibit A of the agenda report that are more than two years old. Recommendation: That the City Council adopt Resolution No. 14 -69, authorizing the destruction of records no longer required to be kept in the possession of the Community Development Department as listed in Exhibit A of the agenda report. RESOLUTION NO. 14 -69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND PAPERS IN THE POSSESSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF TUSTIN, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE City Council and Successor Agency November 4, 2014 Meeting Agenda Page 5 of 8 8. 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: Receive and file. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9 through 11) 9. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES, CONSTRUCTION DOCUMENTS, AND CONSTRUCTION SUPPORT SERVICES FOR TUSTIN LEGACY COMMUNITY PARK (CIP NO. 20043) Approval is requested of a Consultant Services Agreement (CSA) between the City of Tustin and Moore lacofano Goltsman, Inc. (MIG, Inc) to provide landscape architectural services, draft and finalize construction documents, and render construction administrative and support services. Recommendation: That the City Council: 1. Approve Consultant Services Agreement (CSA) with MIG, Inc. for the provision of design services, preparation and completion of construction documents, and construction administrative support services, subject to any non - substantive modifications as may be necessary as recommended by the City Attorney, and authorize the City Manager to execute the documents on behalf of the City; and 2. Appropriate $154,980 from Park Development Legacy Fund (Fund 132). 10. ADOPT RESOLUTION NO. 14 -71 REVISING THE CITY'S GENERAL FUND RESERVE AND SPECIAL FUND ACCOUNTS POLICIES AND APPROVE THE PAY OFF OF THE CALPERS SAFETY PLAN SIDE FUND During the Fiscal Year 2014 -15 budget process Council expressed the desire to reduce outstanding pension obligations with CalPERS by paying off the safety plan side fund (side fund). When the City of Tustin joined the safety risk pool with CalPERS in 2003, a side fund was created to account for the difference City Council and Successor Agency November 4, 2014 Meeting Agenda Page 6 of 8 between the funded status of the pool and the funded status of the City's plan. Per CalPERS, the current side fund balance is $4,348,779. Payment to CalPERS of the side fund totaling $4,348,779 will eliminate the side fund and save the City's General Fund approximately $5,321,803 over the next 5 years in employer contributions to CalPERS. Savings in the current fiscal year to the General Fund would be about $538,000 in reduced employer contributions. Total net savings after the payoff would be approximately $973,024 over the next 5 years. Resolution No. 14 -71 revises the City's General Fund reserve policy and Special Fund Accounts policies by allowing proceeds from land held for resale in Fund 189 to be used for any lawful City purposes. Funds to pay off the side fund will be used from Fund 189. Recommendation: That the City Council take the following actions: 1. Adopt Resolution No. 14 -71, a resolution of the City Council of the City of Tustin, California, revising the City's General Fund reserve and Special Fund Accounts policies. 2. Authorize the appropriation of $4,348,779 from Fund 189 reserves. 3. Approve the lump sum payment to CalPERS of $4,348,779 to be disbursed by November 16, 2014, eliminating the safety side fund. RESOLUTION NO. 14 -71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVISING THE CITY'S GENERAL FUND RESERVE AND SPECIAL FUND ACCOUNTS POLICIES 11. LICENSE AGREEMENT FOR USE OF THE EXISTING TWO -ACRE TUSTIN ARMY RESERVE PARKING LOT LOCATED ADJACENT TO THE DISTRICT AT TUSTIN LEGACY SHOPPING CENTER The City has been negotiating a land exchange with the Department of the Army for the relocation of Tustin Army Reserve Center since late 2012, which will allow for the interim use of the existing parking lot adjacent to The District shopping center. Recent delays by the Army have resulted in the need to open the parking lot in advance of completing the land exchange and in time for the upcoming holiday season at The District shopping center. City Council approval is requested to execute a license between the Department of the Army and the City of Tustin, and a sublicense between the City and Vestar /Kimco Tustin L.P., for exclusive public parking purposes on property located at the existing Tustin Army Reserve Center to support the District at Tustin Legacy shopping center. Recommendation: That the City Council approve and authorize the City Manager to execute a License Agreement for Parking on the Tustin Army City Council and Successor Agency November 4, 2014 Meeting Agenda Page 7 of 8 Reserve by and between the Department of the Army and the City, and a sublicense by and between the City and Vestar /Kimco Tustin L.P. to assign all of the City's responsibilities of the License Agreement to Vestar /Kimco Tustin L. P.. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, November 18, 2014 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 and Successor Agency November 4, 2014 Meeting Agenda Page 8 of 8