The URL can be used to link to this page

Home My WebLink AboutCC MINUTES 02-03-15 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 FEBRUARY 3, 2015 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER— Meeting #2361 at 5:34 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 • 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 — 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) City Council and Successor Agency February 3, 2015 Minutes Page 1 of 12 4. LIABILITY CLAIMS [Government Code § 54956.95] — Six Cases 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 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 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 • RECESSED at 5:35 p.m. RECONVENED at 7:04 p.m. JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN City Council and Successor Agency February 3, 2015 Minutes Page 2 of 12 COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2361 at 7:04 p.m. INVOCATION — Jim Palmer, President and CEO of the Orange County Rescue Mission PLEDGE OF ALLEGIANCE — Councilmember Gomez ROLL CALL — City Clerk 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 CLOSED SESSION REPORT— City Attorney David E. Kendig — The Council unanimously denied the following claims: o Claim of Stephanie Lory , Claim No. 14-24 o Claim of Laura Hernandez, Claim No. 14-25 o Claim of Jose Franco, Claim No. 14-27 o Claim of Kaitlyn Kim, Claim No. 14-29 o Claim of Jessica Ma, Claim No. 14-28 o Claim of The Management Works, Claim No. 15-01 Other than that, the City Council took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT— 1. Harold Katzman 2. Pete Beatty 3. John Higgins PRESENTATIONS — Mayor Puckett presented a Proclamation to Linda Rose Mongell, President, Marketing Me and Mark Parkinson, President, Tustin GMC, for their dedication to the "Magic at the Mission" event. City Council and Successor Agency February 3, 2015 Minutes Page 3 of 12 Kris Concepcion, Division Chief Orange County Fire Authority, provided a PowerPoint presentation regarding the 2014 Year in Review. CONSENT CALENDAR ITEMS NO. 1-11 It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern Nielsen to pull Items 3, 4 and 7 and approve 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 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 111 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 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. It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray that the City Council receive and file the report. Motion carried: 5-0 ' City Council and Successor Agency February 3, 2015 Minutes Page 4 of 12 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. It was moved by Councilmember Gomez and seconded by Councilmember Murray to return the item to the Community Services Commission for evaluation/clarification of the name. Motion carried: 5-0 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. 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 Califomia to secure the grant from HCD if the application is approved. RESOLUTION NO. 15-09 City Council and Successor Agency February 3, 2015 Minutes Page 5 of 12 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 HILLNALENCIA/KENSINGTON PARK QUADRANT CONSTRUCTION PROJECT CIP NO. 50041 Mayor Pro Tem Nielsen recused himself due to a potential conflict of interest in real property. 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. It was moved by Councilmember Bernstein and seconded by Councilmember Murray that the City Council adopt Resolution No. 15-02 approving the plans and specifications for the Biofiltration retrofit of the Edinger/Red HillNalencia/Kensington Park Quadrant Construction Project, CIP No. 50041, and authorize the City Clerk to advertise to receive bids. Motion carried: 4-0 Mayor Pro Tem Nielsen returned to the dais 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 HILLNALENCIA/KENSINGTON PARK QUADRANT (CIP NO. 50041) CONSTRUCTION PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. ADOPT RESOLUTION NO. 15-06 TO ACCEPT IMPROVEMENTS FOR THE WILLIAMS STREET STORM DRAIN BETWEEN MCFADDEN AVENUE AND City Council and Successor Agency February 3, 2015 Minutes Page 6 of 12 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. 11. AMENDING THE CLASSIFICATION AND COMPENSATION PLANS TO City Council and Successor Agency February 3, 2015 Minutes Page 7 of 12 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 12 12. FISCAL YEAR 2014-2015 MID-YEAR BUDGET REVIEW PowerPoint presentation by Pam Arends-King Director of Finance/City Treasurer The following is staffs 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. It was moved by Councilmember Murray and seconded by Mayor Pro Tern Nielsen to approve the following 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 unappropriated reserves of the Measure M Fund for expenditures associated with Enderle Center Drive and Vandenberg Lane Intersection capital project; City Council and Successor Agency February 3, 2015 Minutes Page 8 of 12 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. Motion carried: 5-0 OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN January 22 o Addressed the Tustin Masonic Lodge at a recent meeting January 23 o Attended the Mayor's Inaugural Dinner January 27 o Shared that International Holocaust Remembrance Day was January 27 Announced he was unable to attend the Orange County Fire Authority's Best and Bravest event; thanked the firefighters Attended a paper football tournament at the Boys and Girls Club; sponsored by Chick Fil-A Thanked Director of Community Development Elizabeth Binsack and staff for providing a detail year in review report Thanked Director of Finance Pam Arends-King for providing a comprehensive financial report City Council and Successor Agency February 3, 2015 Minutes Page 9 of 12 Announced the Orange County Veterans event will be held on Saturday, February 7, 111 2015 COUNCILMEMBER GOMEZ January 22 o Attended the Senior Advisory Board meeting; announced the Senior Santa project was very successful and thanked all who donated o Announced Fitness Awareness Week was held last week at the Senior Center o Announced upcoming events scheduled at the Senior Center: • Sweetheart Ball - Wednesday, February 11, 2015 • Sweetheart Lunch - Thursday, February 12, 2015 • Casino Night - Friday, March 6, 2015 o Announced that Recreation Supervisor Marilyn Buescher obtained grant funding for two new buses o Attended the Santa Ana River Flood Protection Agency meeting January 23 o Attended the Mayor's Inaugural Dinner January 29 o Attended the Orange County Library Advisory Board meeting; was reelected as Chair Attended the Orange County Fire Authority's Best and Bravest event Thanked Director of Community Development Elizabeth Binsack and the Police Department for establishing the Neighborhood Improvement Task Force COUNCILMEMBER MURRAY Meetings January 21 o Attended the LOSSAN Rail Corridor meeting January 22 o Attended the Orange County Fire Authority Board meeting; approved a multi-year labor agreement with non-sworn employees Attended the Orange County Transportation Authority Pedestrian Safety Workshop; Director of Public Works Doug Stack and Police Chief Charlie Celano were in attendance City Council and Successor Agency February 3, 2015 Minutes Page 10 of 12 City Events January 23 o Attended the Estock Elementary School 50 year anniversary celebration o Attended the City Selection Committee meeting o Attended the Mayor's Inaugural Dinner January 28 o Attended the Orange County Transportation Authority Public Workshop regarding the 1-5 Freeway Project Attended the Orange County Fire Authority Best and Bravest Awards event; thanked colleagues for attending Recognized Orange County Fire Authority and Tustin Police Department for their great work on the San Juan condo fire Requested that the Police Department prepare a presentation for the City Council and the public regarding their year in review MAYOR PRO TEM NIELSEN January 21-23 o Attended the California Association of Sanitation Agencies conference January 22 o Attended the Orange County Council of Governments meeting January 23 o Attended the Mayor's Inaugural Dinner January 28 o Attended the Orange County Sanitation District New Member Orientation o Attended the Orange County Sanitation District Steering Committee meeting o Attended the Orange County Sanitation District Board of Directors meeting January 29 o Attended the Orange County Fire Authority Best and Bravest Awards event Announced the Orange County Veterans event will be held on Saturday, February 7, 2015 MAYOR PUCKETT Met with Waste Not Orange County who will provide a presentation at the March 3, 2015 City Council and Successor Agency February 3, 2015 Minutes Page 11 of 12 meeting I Attended the Transportation Corridor Agencies Ad Hoc Committee meeting Toured the Orange County Register headquarters Toured a golf facility in Monterey Park Enjoyed the Mayor's Inagural Dinner; appreciated the hard work from the committee Attended the Orange County Fire Authority Best and Bravest Awards event Attended a paper football tournament at the Boys and Girls Club; sponsored by Chick Fil-A Wished City Manager Jeffrey C. Parker a happy birthday ADJOURNED at 8:22 p.m. 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. ta /3 I CHARLES E. PUCKETT, JEF 1, C. PARKER, Mayor dit, a/e, City Council and Successor Agency February 3, 2015 Minutes Page 12 of 12