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Home My WebLink About00 CC AGENDA 1.20.15CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY John Nielsen, Mayor Pro Tern Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember JANUARY 20, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager Charles E. Puckett, Mayor David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pamela Arends -King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2360 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 — INITIATION OF LITIGATION [Government Code § 54956.9(d4)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. 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 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code 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. § 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 Tustin Legacy Disposition Package 1 C to include Address /Description Lots 1, X and Y of Tract Map 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Regency Centers, John Meehigan 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 #2360 INVOCATION — Pastor Steve Phillips, Journey Christian Church PLEDGE OF ALLEGIANCE — Councilmember Murray ROLL CALL — City Clerk 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. City Council and Successor Agency January 20, 2015 Meeting Agenda Page 2 of 6 PRESENTATIONS • Miss Tustin 2015 Contestants • Mayor's Goals 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 7) 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON JANUARY 6, 2015. 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 January 6, 2015. 2. 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 $3,784.24, $667,522.85 and $1,094,259.41; and Demands in the amount of $4,257,278.92. 3. DESTRUCTION OF RECORDS — CITY CLERK'S OFFICE The City Clerk's Office is requesting authorization to destroy records that are no longer required for retention pursuant to the City's Record Retention /Disposition Schedule. Recommendation: Adopt Resolution No. 15 -05, authorizing the destruction of records in the possession of the City Clerk. RESOLUTION NO. 15 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE CITY CLERK OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE City Council and Successor Agency January 20, 2015 Meeting Agenda Page 3 of 6 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the third quarter of 2014. The average noise level measured at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained consistent with prior quarters during this third quarter reporting period. Average noise levels during the third quarter were well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 5. APPROVE THE AMENDMENT NO. 1 TO THE AGREEMENT WITH THE CITY OF IRVINE, IRVINE RANCH WATER DISTRICT, COUNTY OF ORANGE, ORANGE COUNTY FLOOD CONTROL DISTRICT, AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO FUND THE PETERS CANYON WASH CHANNEL WATER CAPTURE AND REUSE PIPELINE The cooperative agreement between the County of Orange, the Orange County Flood Control District (OCFCD), the Irvine Ranch Water District (IRWD), California Department of Transportation (Caltrans), and the Cities of Irvine and Tustin was approved on November 19, 2013. The agreement provides for joint funding for the construction of the Peters Canyon Wash Channel Water Capture and Reuse Pipeline (PCW Pipeline Project). The construction of the pipeline will enable the City of Tustin to continue to comply with the provisions of the Selenium Total Maximum Daily Load (TMDL) and the Time Schedule Order No. R8- 2009 -0069, as adopted by the United States Environmental Protection Agency and the Santa Ana Regional Water Quality Control Board. Amendment No. 1 will provide a supplemental payment to IRWD to complete Phase 1 of the project. In addition, the amendment will provide a more flexible schedule for bidding the project and allow IRWD to advertise a contract for construction upon unanimous approval of all parties. Recommendation: That the City Council approve the first amendment to the Peters Canyon Wash Channel Water Capture and Reuse Pipeline Funding Agreement, and authorize the Mayor and City Clerk to execute the document on behalf of the City. 6. LONG RANGE PROPERTY MANAGEMENT PLAN In accordance with Health and Safety Code ( "HSC ") Section 34191.5(b), the Successor Agency to the Tustin Community Redevelopment Agency ( "Successor Agency ") has prepared a Long Range Property Management Plan ( "LRPMP ") that addresses the disposition and use of the real properties of the former Redevelopment Agency. City Council and Successor Agency January 20, 2015 Meeting Agenda Page 4 of 6 Recommendation: That the City Council: 1. Approve the Successor Agency's Long Range Property Management Plan and authorize the City Manager to approve minor non - substantive changes to the Plan, if required by the Oversight Board of the Successor Agency; and 2. Acting as the Successor Agency, approve the Successor Agency's Long Range Property Management Plan and authorize the Executive Director to approve minor non - substantive changes to the Plan, if required by the Oversight Board of the Successor Agency. 7. AMEND AND REINSTATE THE WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY In accordance with Health and Safety Code ( "HSC ") Section 34191.4(b), the City of Tustin ( "City ") and the Successor Agency to the Tustin Community Redevelopment Agency ( "Successor Agency ") are seeking to amend and reinstate the Working Capital Loan and Administrative Services Agreement ( "Working Capital Loan ") entered into on September 7, 2010. Recommendation: That the City Council: 1. Adopt Resolution No. 15 -03, amending and reinstating the Working Capital Loan and Administrative Services Agreement between the City of Tustin and the Successor Agency to the Tustin Community Redevelopment Agency, and authorize the Mayor to execute the First Amendment to the Working Capital Loan. 2. Acting as the Successor Agency, adopt Successor Agency Resolution No. 15 -01, amending and reinstating the Working Capital Loan and Administrative Services Agreement between the City of Tustin and the Successor Agency to the Tustin Community Redevelopment Agency and authorize the Agency Chair to execute the First Amendment to the Working Capital Loan. RESOLUTION NO. 15 -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND REINSTATING THE WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RESOLUTION NO. 15 -01 City Council and Successor Agency January 20, 2015 Meeting Agenda Page 5 of 6 A RESOLUTION OF THE CITY OF TUSTIN, ACTING AS THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AMENDING AND REINSTATING THE WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 8 and 9) 8. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30TH 2014 The City engages an independent certified public accounting firm to complete an annual audit of the City's financial records. There are a number of reports such as the Comprehensive Annual Financial Report (CAFR), produced as a result of the annual audit and there are actions that are required by the City's governing board (City Council) to meet the requirements of various auditing standards, such as meeting with the auditing firm that conducted the audit to discuss the audit and internal control issues. Recommendation: 1. Receive and file the CAFR for the year ended June 30, 2014. 2. Discuss the audit and internal controls with the independent certified public accounting firm, White Nelson Diehl Evans LLP, who conducted the audit. 9 2015 COMMISSION VACANCIES Due to term expirations, staff is requesting that the City Council set a date and time to conduct interviews to fill vacancies on the Planning Commission, Community Services Commission and Audit Commission. Recommendation: Pleasure of the Council OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, February 3, 2015 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 January 20, 2015 Meeting Agenda Page 6 of 6