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Home My WebLink AboutCC MINUTES 11-04-14MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY, TUSTIN, CA CLOSED SESSION MEETING NOVEMBER 4, 2014 5:30 P.M. CALL TO ORDER — Meeting #2355 at 5:36 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen and Dr. Allan Bernstein Absent: Councilmember Rebecca "Beckie" Gomez City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney PUBLIC INPUT — None 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 TC 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, ei 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 5. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION City Council and Successor Agency November 4, 2014 Minutes Page 1 of 11 [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 Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation 2. Properly Address /Description Agency City Negotiators Negotiating Parties Under Negotiation 430 - 371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, 64, 65, 66, 67, 68 City of Tustin Jeffrey C. Parker, Buchanan, Deputy Development Pacific Coast Investors City Manager and John Director of Economic Price and Terms of Payment 430-391-12, 430-391-09, and 430 - 391 -03 City of Tustin Jeffrey C. Parker, City Manager Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent Price and Terms of Payment Councilmember Gomez arrived at 5:36 p.m. RECESSED — 5:37 p.m. RECONVENED — 7:20 p.m. 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 at 7:20 p.m. INVOCATION — Mayor Murray City Council and Successor Agency November 4, 2014 Minutes Page 2 of 11 I I PLEDGE OF ALLEGIANCE — Councilmember Bernstein ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers John Nielsen, Rebecca 'Beckie" Gomez and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council unanimously authorized an unpaid leave of absence for an employee. The Council also authorized the City Attorney to file an amicus brief in the Commission on State Mandates Supreme Court case number S21485. ORAL COMMUNICATION/PUBLIC INPUT — None PRESENTATION Mayor Murray presented a Certificate of Recognition to Steve Plummer, General Manager of the Tustin Ranch Golf Course, in honor of their 25"' Anniversary. PUBLIC HEARING ITEM NO. 1 1. SPECIFIC PLAN AMENDMENT 2014 -001 (ORDINANCE NO. 1450), MCAS TUSTIN SPECIFIC PLAN PowerPoint presentation by Elizabeth Binsack, Director of Community Development. 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) Public hearing opened at 7:32 p.m. Public hearing closed at 7:33 p.m., with no public comments City Council and Successor Agency November 4, 2014 Minutes Page 3 of 11 It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Gomez to 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. Motion carried: 5 -0 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 CONSENT CALENDAR ITEMS 2 -8 It was moved by Councilmember Bernstein and seconded by Councilmember Nielsen to approve the balance as recommended by staff. Motion carried: 5 -0 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. City Council and Successor Agency November 4, 2014 Minutes Page 4 of 11 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. 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) 6. 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. City Council and Successor Agency November 4, 2014 Minutes Page 5 of 11 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 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 9 -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) PowerPoint presentation by Dave Wilson, Director of Parks and Recreation. 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. It was moved by Mayor Murray and seconded by Councilmember Bernstein to: 1. Approve Consultant Services Agreement (CSA) with MIG, Inc. for the City Council and Successor Agency November 4, 2014 Minutes Page 6 of 11 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). Motion carried: 5 -0 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 CALIPERS SAFETY PLAN SIDE FUND PowerPoint presentation by Pam Arends -King, Director of Finance. 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 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. It was moved by Councilmember Nielsen and seconded by Mayor Pro Tern Puckett to: 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. Motion carried:5 -0 City Council and Successor Agency November 4, 2014 Minutes Page 7 of 11 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 Presentation by Matt West, Assistant to the City Manager 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. It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to approve and authorize the City Manager to execute a License Agreement for Parking on the Tustin Army 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.. Amended Motion: It was moved by Councilmember Nielsen and seconded by Councilmember Bernstein to approve and authorize the City Manager to execute a License Agreement for Parking on the Tustin Army 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. with the revised language as indicated in the red -lined version provided by staff at the dais. Motion carried: 5 -0 OTHER BUSINESS /COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN Provided an update on the "Courage to Remember' Exhibit; thanked his colleagues for City Council and Successor Agency November 4, 2014 Minutes Page 8 of 11 their support and the Tustin Unified School District for participating October 28 o Attended the joint Orange County Water District and Orange County Sanitation District presentation regarding Proposition 1; keynote speaker was Governor Jerry Brown November 2 o Participated as a volunteer in the Dino Dash; congratulated the Tustin Unified School District Hoped all voted today and encouraged all to participate in the election process COUNCILMEMBER GOMEZ October 27 o Attended the "Courage to Remember' Exhibit at the Tustin Library October 31 o Attended the Halloween Howl; congratulated the Parks and Recreation Department November 2 o Volunteered for the 24th Annual Dinosaur Dash at the Tustin Marketplace; thanked the Tustin Police Department and volunteers who helped keep the event safe Reminded all that the Downtown Commercial Core Plan is available on the City's website and encouraged all to review Provided an update regarding the cleaning maintenance process at Tustin Library which was a concern addressed by a citizen at the October 21 City Council meeting Reminded all about the 2nd Annual Senior Santa Project which is a collaboration between the Tustin Police Department, Tustin Area Senior Center and Orange County Adult Services; information is available on the City's website Hoped everyone voted today COUNCILMEMBER NIELSEN Attended the Orange County Sanitation District Steering Committee meeting Attended the Orange County Sanitation District Board of Directors meeting Thanked Councilmember Bernstein for coordinating the "Courage to Remember" Exhibit City Council and Successor Agency November 4, 2014 Minutes Page 9 of 11 October 28 o Attended the joint Orange County Water District and Orange County Sanitation District presentation by Governor Jerry Brown regarding Proposition 1 October 30 o Attended the Tustin Chamber of Commerce mixer at the Key Inn celebrating the 40'" anniversary November 3 o Attended the Tustin Chamber of Commerce Golf Classic and Tournament and Dinner at the Tustin Ranch Golf Course MAYOR PRO TEM PUCKETT October 24 o Attended the Pep Rally at Tustin High School in honor of their homecoming; invited by 7- Eleven October 30 o Attended the Tustin Chamber of Commerce Mixer at the Key Inn to celebrate the 40"' anniversary October 31 • Attended the Halloween Howl at the Columbus Tustin Gym • Attended the "Courage to Remember" Exhibit with his wife, Donna, and Councilmember Bernstein; thanked Councilmember Bernstein November 2 o Attended the Dino Dash at the Tustin Marketplace November 3 o Attended the Tustin Chamber of Commerce Golf Classic and Tournament and Dinner at the Tustin Ranch Golf Course Wished all a happy Veteran's Day MAYOR MURRAY Committee Reports October 23 • Attended the Orange County Transportation Authority Business Expo • Attended the Orange County Fire Authority Board of Directors meeting City Council and Successor Agency November 4, 2014 Minutes Page 10 of 11 October 27 o Attended the Orange County Transportation Authority Board of Directors meeting o Visited various fire stations with Chief Bowman, including the HazMat Station 6 October 28 o Met with the new Orange County Fire Authority Communications Director October 30 o Attended a presentation on the Orange County's Annual Report by Orange County Chair Shawn Nelson facilitated by Concordia University City Events October 27 o Attended the "Courage to Remember" Exhibit; thanked Councilmember Bernstein; daughter Emily attended October 29 o Attended the Good Boy Scout Award Luncheon to recognize Bob Olson for his service and dedication to scouting October 30 o Attended the 40th Anniversary of the Key Inn October 31 o Unable to attend the Halloween Howl November 2 o Attended the Dino Dash; thanked the Tustin Public Schools Foundation and the Tustin Police Department Thanked all who voted Announced that Friday, November 7 is a citywide "Red Shirt Friday" in honor of Veteran's Day Announced a Veteran's Luncheon will be held at the Senior Center on Friday, November 7 City Council and Successor Agency November 4, 2014 Action Agenda Page 11 of 11