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Home My WebLink About01 CC MINUTES 1.20.15Agenda Item 1 Reviewed: City Manager Finance Director NIA MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN JANUARY 20, 2015 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2360 at 5:35 p.m. ATTENDANCE Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tern John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray and Dr. Allan Bernstein Absent: None City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney allq prom l.l:21bmiR.7T' 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, at City Council and Successor Agency January 20, 2015 Minutes Page 1 of 11 al. V. Michael Cohen: Case No. 34-2013 - 80001623CUWMGDS; Appellate Court Case No. C076836 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases 1. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation 2. Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation RECESSED at 5:36 p.m. RECONVENED 7:05 p.m. 430 -371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, 64, 65, 66, 67, 68 City of Tustin Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Pacific Coast Investors Price and Terms of Payment Tustin Legacy Disposition Package 1C to include Lots 1, X and Y of Tract Map 17404. City of Tustin Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Regency Centers, John Meehigan 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 at 7:05 p.m. INVOCATION — Pastor Steve Phillips, Journey Christian Church PLEDGE OF ALLEGIANCE — Councilmember Murray City Council and Successor Agency January 20, 2015 Minutes Page 2 of 11 ROLL CALL — City Clerk Present: Mayor Charles E. "Chuck" Puckett, Mayor Pro Tem John Nielsen and Councilmembers Rebecca "Beckie" Gomez, Al Murray 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 took no reportable action. ORAL COMMUNICATION /PUBLIC INPUT 1. Pete Beatty 2. Tina Blenz PRESENTATIONS o Cherrill Cady introduced the Miss Tustin 2015 Contestants ORAL COMMUNICATION /PUBLIC INPUT 3. Lindberg McPherson PRESENTATIONS o Mayor's Goals — PowerPoint presentation by Mayor Puckett CONSENT CALENDAR ITEMS 1 -7 It was moved by Councilmember Murray and seconded by Councilmember Bernstein to pull Item No. 5 and move the balance as recommended by staff. Motion carried: 5 -0 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. City Council and Successor Agency January 20, 2015 Minutes Page 3 of 11 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 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 10N), 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 City Council and Successor Agency January 24, 2015 Minutes Page 4 of 11 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. It was moved by Mayor Pro Tern Nielsen and seconded by Councilmember Bernstein to 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. Motion carried: 5 -0 Eel C7e1.[c3;47Z07 :24ACA4►_1. /_w 4614k1 IwaA_1.1 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. Recommendation: That the City Council: 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 City Council and Successor Agency January 20, 2015 Minutes Page 5 of 11 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 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 8 -9 8. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30TH 2014 PowerPoint Presentation by Director of Finance Pam Arends -King City Council and Successor Agency January 20, 2015 Minutes Page 6 of 11 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. Presentation by Michael Ludin, White Nelson Diehl Evans, LLP It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray that the City Council: 1. Receive and file the CAFR for the year ended June 30, 2014. 2. Receive additional letters and reports. 3. Discuss the audit and internal controls with the independent certified public accounting firm, White Nelson Diehl Evans LLP, who conducted the audit. Motion carried: 5 -0 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. It was moved by Mayor Puckett and seconded by Councilmember Bernstein to reappoint all of the commissioners and if one is not able to fill the position, then it will open up. Motion carried: 3 -2 (Mayor Pro Tem Nielsen and Councilmember Gomez dissenting) OTHER BUSINESS /COMMITTEE REPORTS CITY MANAGER JEFFREY C. PARKER Provided an update that the Orange County City Manager's Group started negotiations with the Orange County Solid Waste Division regarding the current landfill agreement City Council and Successor Agency January 20, 2015 Minutes Page 7 of 11 COUNCILMEMBER BERNSTEIN Wished all a happy new year Provided an update regarding the Water Bond Attended the Orange County Vector Control meeting; was elected to serve as the secretary January 16 o Attended the Tustin Police Department Awards Banquet Encouraged all to visit the City's website and review the link titled "Let's Get Smart About Water" under Community Links Commented on the Peter's Canyon Pipeline project Congratulated staff and particularly the Finance Department for compiling a comprehensive and understandable budget Congratulated Mayor Puckett and Mayor Pro Tern Nielsen; is looking forward to helping implement their goals ,0i711PCal u u : • u January 7 o Attended the Wally Karp Memorial service; commented that the service was beautiful and thought that the family was very honored to receive the Medal of Valor on his behalf January 9 o Attended the Orange County Senior Citizens' Advisory Council at the Tustin Senior Center; two of the City's senior volunteers were honored for their continued service o Announced SeniorSery reported there is no longer a wait list for those trying to obtain home delivered meals; also noted that a call was sent to our veteran groups to help deliver meals and there was an overwhelming response o Announced Sherry Geyer, current Tustin Senior Advisory Board chair, was elected as the new Chair of the Orange County Senior Citizens' Advisory Council for 2015; schedules and presentations were set for the upcoming year along with an orientation for the new SCAC members. City Council and Successor Agency January 20, 2015 Minutes Page 8 of 11 January 12 o Reported that the Legislative Committee of the Senior Citizens Advisory Council met; conducted elections and established the meetings and presentations schedule; committee tracks proposed legislation that affects the senior community January 16 o Attended the Police Department Awards which were wonderful; pleased that the time was changed so spouses and children could attend; thanked those that worked to make that event a success Congratulated Recreation Supervisor Christine Zepeda who welcomed a son on January 14 COUNCILMEMBER MURRAY January 7 o Invited by colleagues at the Orange County Transportation Authority to speak at the Orange County Chiefs and Sheriffs meeting to discuss pedestrian and bicycle safety; the Orange County Transportation Authority will be coordinating a special meeting on January 26 at 5:00 p.m. which is open to the public January 12 o Attended the Orange County Transportation Authority Board of Directors meeting January 15 o Attended the Orange County Fire Authority Executive Board meeting January 7 o Attended the Wally Karp Ceremony which was outstanding; posthumous presentation of the Medal of Valor was very appropriate January 13 o Spoke at the SMPS Engineers and Marketing group luncheon January 13 o Observed the fire at the San Juan Condo complex while heading to a meeting with Orange County Fire Authority Chief Bowman and City Manager Jeffrey Parker; outstanding response by Orange County Fire Authority and Tustin Police Department January 14 o Attended the Tustin Chamber Breakfast; congratulated Officer of the month Officer Royce Del Meradi City Council and Successor Agency January 20, 2015 Minutes Page 9 of 11 Announced the new Orange County Transportation Authority Chair is Irvine Mayor Pro Tern Jeff Lalloway who delivered a great speech at the Women in Transportation event January 15 o Spoke at Orange County Fire Authority Assistant Chief Brian Stephens' retirement ceremony; dedicated 35 years of service to the community January 16 o Attended the Tustin Police Department Awards at the Marconi Museum Announced it was great to see all the students in attendance at the Council meeting seeing local government at work Paid a tribute to Dr. Martin Luther King; shared the following quote from Dr. King: "The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy" MAYOR PRO TEM NIELSEN January 7 o Attended the Wally Karp Ceremony January 10 o Attended the Eagle Court of Honor for Charles Homan, Daniel Nash, and Joshua Jones January 12 o Chaired the Association of California Cities Energy /Environment Committee meeting January 14 o Attended the Orange County Sanitation District new Board Member orientation January 16 o Attended the Tustin Police Department Awards Commented how he will miss Walt Sullens MAYOR PUCKETT Attended the Transportation Corridor Agencies Board of Directors meeting Attended the Transportation Corrdior Agencies Ad -Hoc Committee meeting City Council and Successor Agency January 20, 2015 Minutes Page 10 of 11 January 10 o Attended the Eagle Court of Honor for Charles Homan, Daniel Nash, and Joshua Jones January 16 o Attended the Tustin Police Department Awards; acknowledged Chief Celano for a great event Reminded all that the Mayor's Inaugral dinner will be held on January 23, 2015 Adjourned in Memory of Walt Sullens and Jim McDonald ADJOURNED at 8:25 p.m. 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 Minutes Page 11 of 11