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Home My WebLink About00 CC AGENDA 2.3.15CITY 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 FEBRUARY 3, 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 #2361 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. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources Employee Organization: Tustin Municipal Employees Association (TMEA) 4. LIABILITY CLAIMS [Government Code § 54956.95] — Six Cases 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. 1. Claim of Stephanie Lory, , Claim No. 14 -24 2. Claim of Laura Hernandez, Claim No. 14 -25 3. Claim of Jose Franco, Claim No. 14 -27 4. Claim of Kaitlyn Kim, Claim No. 14 -29 5. Claim of Jessica Ma, Claim No. 14 -28 6. Claim of The Management Works, Claim No. 15 -01 5. 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 6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases 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 and John Buchanan, Deputy Director of Economic Development 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 #2361 City Council and Successor Agency February 3, 2015 Meeting Agenda Page 2 of 8 INVOCATION — Jim Palmer, President and CEO of the Orange County Rescue Mission PLEDGE OF ALLEGIANCE — Councilmember Gomez 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. PRESENTATION - Linda Rose Mongell and Mark Parkinson "Magic at the Mission" 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 11) 1. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON JANUARY 20, 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 20, 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 $607,910.78; and Demands in the amount of $3,808,729.24. 3. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2014 YEAR IN REVIEW City Council and Successor Agency February 3, 2015 Meeting Agenda Page 3 of 8 Throughout the year, staff provides the City Council with a status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved; major improvement projects; and other items of interest. The Community Development Department's 2014 Year in Review summarizes the Community Development Department's activity throughout 2014 including discretionary permits processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, Code Enforcement activities, and Building Division activities. Recommendation: That the City Council receive and file the report. 4. RENAME FUTURE TUSTIN LEGACY PARK TO VETERANS SPORTS PARK On November 19, 2014, the Community Services Commission amended Administrative Policy #99.04 regarding defining guidelines for the naming of city parks and recommended renaming the future 33 -acre Tustin Legacy Park located on Valencia Avenue between Lansdowne and Severyns to Veterans Sports Park. Recommendation: Approve the Community Services Commission's recommendation and rename Tustin Legacy Park to Veterans Sports Park. 5. GRANT APPLICATION FOR HOUSING - RELATED PARKS PROGRAM The State Department of Housing and Community Development (HCD) recently announced the availability of $35 million in grant funds for Designated Program Year 2014 that may be used by eligible local governments to fund park - related capital asset projects though the Housing - Related Parks (HRP) Program. The HRP Program, funded by Proposition IC, provides grant funds based on the number of bedrooms in qualifying affordable housing units permitted between January 1, 2010, and December 31, 2014. The grant funds are required to be used for the costs of park and recreation facility creation, development, or rehabilitation, including the acquisition of land and the construction, rehabilitation, and acquisition of park equipment and physical property. Staff recommends that the estimated grant funds of up to $660,850 be allocated to the construction of park facilities at the proposed Veterans Park in Tustin Legacy. In 2014, the City of Tustin (the City) applied for and received an HRP Program 2013 Designated Program Year Grant in the amount of $260,700 to fund improvements at Frontier Park. The City is eligible to apply for grant funds again this year because additional affordable housing units were permitted during the current funding cycle. City Council and Successor Agency February 3, 2015 Meeting Agenda Page 4 of 8 One of the requirements of the HRP Program is a resolution from the City Council, authorizing the submittal of the application to HCD and the execution of an agreement with the State of California to secure the grant from HCD. Recommendation: Adopt Resolution No. 15 -09, authorizing the submittal of a grant application for the Housing - Related Parks Program to HCD, and the execution of an agreement with the State of California to secure the grant from HCD if the application is approved. RESOLUTION NO. 15 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE HOUSING - RELATED PARKS PROGRAM TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 6. 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. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE BIOFILTRATION RETROFIT - EDINGER /RED HILL /VALENCIA/KENSINGTON PARK QUADRANT CONSTRUCTION PROJECT CIP NO. 50041 The plans and specifications for the Biofiltration retrofit of the Edinger /Red Hill /Valencia /Kensington Park Quadrant Construction Project, CIP No. 50041 have been prepared and the project is ready to be bid. Recommendation: That the City Council adopt Resolution No. 15 -02 approving the plans and specifications for the Biofiltration retrofit of the Edinger /Red Hill /Valencia /Kensington Park Quadrant Construction Project, CIP No. 50041, and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 15 -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE BIOFILTRATION RETROFIT - EDINGER /RED HILL /VALENCIA /KENSINGTON PARK QUADRANT (CIP NO. 50041) CONSTRUCTION PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS City Council and Successor Agency February 3, 2015 Meeting Agenda Page 5 of 8 8. ADOPT RESOLUTION NO. 15 -06 TO ACCEPT IMPROVEMENTS FOR THE WILLIAMS STREET STORM DRAIN BETWEEN MCFADDEN AVENUE AND ALLIANCE AVENUE PROJECT (CIP 50037) Construction of the Williams Street Storm Drain between McFadden Avenue and Alliance Avenue Project (CIP 50037) has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: 1. Adopt Resolution No. 15 -06 accepting the construction of the Williams Street Storm Drain between McFadden Avenue and Alliance Avenue Project (CIP 50037); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 15 -06 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 WILLIAMS STREET STORM DRAIN BETWEEN MCFADDEN AVENUE AND ALLIANCE AVENUE PROJECT (CIP 50037) 9. AUTHORIZE PURCHASE OF HYDRO EXCAVATOR Staff has received a proposal for the purchase of a hydro excavator in the amount of $424,068 and is seeking authorization to purchase the vehicle from Haaker Equipment Company of La Verne, CA. Recommendation: That the City Council authorize the purchase of one hydro excavator from Haaker Equipment Company in the amount of $424,068. 10. TUSTIN RESPONSE TO MITIGATED NEGATIVE DECLARATION FOR PETERS CANYON CHANNEL WATER CAPTURE AND PIPELINE Tustin City Council concurrence is requested for the City of Tustin's (the City) response to the Initial Study (IS) and Mitigated Negative Declaration (MND) for the proposed construction and operation of a water pipeline conveyance system and associated equipment that would collect and transport nuisance groundwater and surface water flows with high nitrate and selenium concentrations in the vicinity of the Peters Canyon Channel, south of Walnut Avenue. Recommendation: That the City Council direct staff to forward the attached response letter to the Irvine Ranch Water District. City Council and Successor Agency February 3, 2015 Meeting Agenda Page 6 of 8 11. AMENDING THE CLASSIFICATION AND COMPENSATION PLANS TO INCLUDE THE CLASSIFICATION OF PRINCIPAL PLAN CHECK ENGINEER AND ESTABLISHING A LIMITED TERM PROJECT POSITION Approval of the following actions will amend the City's Classification Plan and Compensation Plan to include the classification of Principal Plan Check Engineer and authorize staff to fill a limited term project position in this classification. Recommendation: That the City Council adopt City Council Resolution No. 15- 08 to amend the City's Classification and Compensation Plans and authorize the appointment of a project employee in the classification of Principal Plan Check Engineer for a period not to exceed five (5) years, unless otherwise extended by the City Council. RESOLUTION NO. 15 -08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN TO INCLUDE THE CLASSIFICATION OF PRINCIPAL PLAN CHECK ENGINEER AND AUTHORIZING THE ESTABLISHMENT OF A PROJECT POSITION REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 12) 12. FISCAL YEAR 2014 -2015 MID -YEAR BUDGET REVIEW The following is staff's review of the City's first seven (7) months of operations under the adopted /amended FY 2014 -15 Budget. Revenues and expenditures for each fund were reviewed and adjusted based on the current economic climate and projected expenditures reflect costs to date, service needs, and the timing of when funds would be expended. Recommendation: That the City Council approve these supplemental appropriations: 1. Approve a supplemental appropriation of $140,000 from the unappropriated reserves of the General Fund expenditures associated with interim hanger and facilities improvements to support on -going access and licensing activities; 2. Approve a supplemental appropriation of $10,176 from the City Council and Successor Agency February 3, 2015 Meeting Agenda Page 7 of 8 unappropriated reserves of the Measure M Fund for expenditures associated with Enderle Center Drive and Vandenberg Lane Intersection capital project; 3. Approve a supplemental appropriation of $91,901 from the unappropriated reserves of the Liability Fund for increased legal fees associated with liability claims; 4. Approve a supplemental appropriation of $190,000 from the unappropriated reserves of the Information Technology Internal Service Fund for a GIS consultant to aid with the planning and implementation of a new GIS system; 5. Approve a supplemental appropriation of $150,400 from the unappropriated reserves of the Assessment District 95 -1 Construction Fund for expenditures associated with the Tustin Ranch irrigation system upgrades and the transfer of funds to the Lighting and Landscape District Fund for maintenance costs; and 6. Approve a supplemental appropriation of $98,402 from the unappropriated reserves of the Community Facilities District 06 -1 Annexation Fund for various capital improvement projects. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, February 17, 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 February 3, 2015 Meeting Agenda Page 8 of 8