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Home My WebLink About01 CC MINUTES 2.16.16Agenda Item 1 Reviewed: City Manager ENR Finance Director N/A CITY OF TUSTIN REGULAR FEBRUARY 16, 2016 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN • Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember John Nielsen, Mayor David E. Kendig, City Attorney Al Murray, Councilmember Erica N. Rabe, City Clerk Charles E. Puckett, Councilmember Jeffrey C. Parker, City Treasurer MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2385 at 5:36 p.m. ATTENDANCE Present: Mayor John Nielsen, Mayor Pro Tem Bernstein and Councilmembers Rebecca Gomez and Charles E. Puckett Absent: Councilmember Al Murray City Clerk: Erica N. Rabe, City Clerk Others Present: David E. Kendig, City Attorney and Jeffrey C. Parker, City Manager 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 City Council February 16, 2016 Meeting Minutes Page 1 of 11 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. LIABILITY CLAIMS [Government Code § 54956.95] — Two Cases a. Claim of Roman Kulyk, Claim No. 16-03 b. Claim of Poonsak Zithisakthanakul, Claim No. 16-02 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, Address/Description 29, 30, 31, 32, 33, 61, 62, 63, 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 OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment Recessed to Closed Session at 5:36 p.m. Reconvened to the Regular Meeting at 7:03 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2385 at 7:03 p.m. INVOCATION — Councilmember Puckett PLEDGE OF ALLEGIANCE — Mayor Nielsen ROLL CALL — City Clerk Present: Mayor John Nielsen, Mayor Pro Tem Bernstein and Councilmembers Rebecca Gomez and Charles E. Puckett City Council February 16, 2016 Meeting Minutes Page 2 of 11 Absent: Councilmember Al Murray City Clerk: Erica N. Rabe, City Clerk Others Present: David E. Kendig, City Attorney and Jeffrey C. Parker, City Manager CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council unanimously denied Claim No. 16-02 and Claim No. 16-03; other than that, the Council took no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1. German Santos 2. Roman Kulyk PRESENTATIONS — Carol Gardner introduced the 2016 Miss Tustin Contestants CONSENT CALENDAR ITEMS 1-8 It was moved by Councilmember Puckett and seconded by Mayor Pro Tem Bernstein to approve the balance as recommended by staff. Motion carried: 4-0 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Motion: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 2, 2016. Motion: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 2, 2016. 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 obligations that are in accordance with the approved budget or continued operations authorizations. Motion: Approve Payroll in the amount of $687,820.40 and Demands in the City Council February 16, 2016 Meeting Minutes Page 3 of 11 amount of $6,090,285.47. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT 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. Motion: Receive and file. 5. FIRST AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTATE (ENA) WITH LINCOLN PROPERTY COMPANY COMMERCIAL, INC. Approval is requested to amend the Exclusive Agreement to Negotiate (ENA) with Lincoln Property Company Commercial, Inc. (Developer) by extending the negotiation schedule through August 28, 2016. Motion: Authorize the City Manager to execute the attached First Amendment to the ENA between the City and Lincoln Property Company Commercial, Inc., subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 6. AUTHORIZE A CONSULTANT SERVICES AGREEMENT FOR PROJECT MANAGEMENT AND DESIGN SERVICES FOR THE CORPORATE YARD AND EMERGENCY OPERATIONS CENTER PROJECT In 2012, Griffin Structures, Inc. worked with Public Works staff to analyze the current and future needs of the City's Corporate Yard. The result of this effort was a comprehensive needs assessment. Based on the information collected during that exercise, Griffin Structures, Inc. was tasked with developing and presenting conceptual plans to the City. A concept has been selected and it is now necessary to enter into an agreement for project management and design services. Motion: That the City Council authorize staff to enter into a Consultant Services Agreement with Griffin Structures, Inc. for project management and design services for the Corporate Yard and Emergency Operation Center Project. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE DETENTION BASIN LANDSCAPING AND WATER QUALITY INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) CONSTRUCTION PROJECT City Council February 16, 2016 Meeting Minutes Page 4 of 11 The plans and specifications for the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Construction Project have been prepared and the project is ready to be bid. Motion: That the City Council: 1. Adopt Resolution No. 16-07 approving the plans and specifications for the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Construction Project; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 16-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE DETENTION BASIN LANDSCAPING AND WATER QUALITY INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) CONSTRUCTION PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. ADOPT RESOLUTION NO. 16-08 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2016- 2017 State law requires an engineering analysis each year to identify property benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 16-08 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2016-2017. Motion: That the City Council adopt Resolution No. 16-08 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2016-2017. RESOLUTION NO. 16-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2016-2017 City Council February 16, 2016 Meeting Minutes Page 5 of 11 PUBLIC HEARING ITEM NO. 9 9. COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENTS PERFORMANCE EVALUATION The Housing and Community Development Act of 1974, as amended, established the Community Development Block Grant (CDBG) program to return federal funds to local communities for the purpose of developing viable urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low and moderate income persons. The City of Tustin's CDBG grant award for the 2016-17 program year is anticipated to be approximately $711,414 based on the prior year funding allocation provided by the federal Department of Housing and Urban Development (HUD). Pursuant to CDBG program regulations, to carry out the program the City will need to have at least two public hearings. One hearing is conducted during the preparation of the Action Plan and another for the adoption of the Action Plan. This is the first public hearing with the purpose to inform interested citizens about the CDBG program, obtain citizens' views on CDBG priorities, and receive a report on the current year public service activities performances. Public hearing opened at 7:16 p.m. Public hearing closed at 7:16 p.m. with no public input Director of Community Development Elizabeth A. Binsack provided a PowerPoint presentation. It was moved by Councilmember Puckett and seconded by Councilmember Gomez to: 1. Hold the first required public hearing to receive public input and testimony; and, 2. Consider public service performance evaluations and approve continued funding. Motion carried: 4-0 REGULAR BUSINESS ITEM NO. 10 10. FISCAL YEAR 2015-2016 MID -YEAR BUDGET REVIEW PowerPoint presentation by Administrative Services Manager Sean Tran. City Council February 16, 2016 Meeting Minutes Page 6 of 11 The following is staff's review of the City's first seven (7) months of operations under the adopted/amended FY 2015-16 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 Mayor Pro Tem Bernstein and seconded by Mayor Nielsen that the City Council approve these supplemental appropriations: 1. Approve a supplemental appropriation of $1,443,787 from the unappropriated reserves of the General Fund for expenditures associated with the various Memorandums of Understanding; 2. Approve a supplemental appropriation of $148,359 from the unappropriated reserves of the CDBG Fund for expenditures associated with downtown commercial core/old town study and Frontier Park playground renovation; 3. Approve a supplemental appropriation of $160,300 from the unappropriated reserves of the Asset Forfeiture Fund for transfer of funds to the RNSP Asset Forfeiture and Treasury RNSP Asset Forfeiture Funds; 4. Approve a supplemental appropriation of $6,400 from the unappropriated reserves of the Supplemental Law Enforcement Fund for expenditures associated with the various Memorandums of Understanding; 5. Approve a supplemental appropriation of $12,300 from the unappropriated reserves of the Information Technology Fund for expenditures associated with the various Memorandums of Understanding; and 6. Approve a supplemental appropriation of $38,300 from the unappropriated reserves of the Community Facilities District 04-1 and 13- 1 Funds for administrative costs. Motion carried: 4-0 OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER PUCKETT February 3 o Attended the Transportation Corridor Agency Board of Directors meeting o Attended the Boys and Girls Club Endowment Board meeting City Council February 16, 2016 Meeting Minutes Page 7 of 11 February 4 Attended the Orange County Fire Authority's Best and Bravest Awards Ceremony February 6 Attended the Paper Football Challenge fundraiser at the Boys & Girls Club which was sponsored by Chick-Fil-A; Blue Buoy Swim School was the winner February 11 Attended the Night of Comedy fundraiser for veterans presented by the Tustin Exchange Club COUNCILMEMBER GOMEZ Announced that the Senior Advisory Board meeting was rescheduled to Friday, February 19 due to the President's Day holiday observance Reminded all of upcoming events at the Senior Center: o St. Patrick's Day Lunch is March 17th o Spring Brunch is March 25th o Casino Night is Friday, April 15th o AARP Tax Aid will provide free tax assistance to low-income seniors every Thursday through April 14th; it is recommended that everyone file a tax return regardless of income because identify theft is prevalent; if interested please contact the Senior Center at (714) 573-3340 for available appointments. Honored dear friend Phyllis Burhenn, who lived and worked as a realtor in Tustin for over 50 years and recently lost her battle with cancer; Phyllis and was phenomenal role model for woman and will be missed dearly. MAYOR PRO TEM BERNSTEIN February 4 Attended the Orange County Fire Authority's Best and Bravest Awards Ceremony; congratulated Kay Kearney and staff for an excellent event February 5 Attended the Water Advisory Committee meeting at the Metropolitan Water District: o The Department of Water Resources increased water allotment from 10% to 15% because the snow pack is currently measured at 130% of average; mentioned that we need about 150% above average to have an impact and encouraged people to conserve water o The California Water Fix, formerly known as the Bay Delta Project, is moving along and the projected environmental impact studies should be done this year o The Metropolitan Water District turf replacement program has financed $233 million dollars in rebates and has approved an additional $171 million dollars; there are 23 City Council February 16, 2016 Meeting Minutes Page 8 of 11 million outstanding applications and it has been a very successful project o There is a new program by Metropolitan Water District known as the Innovative Idea Grant; a federal grant through the Department of Interior given to entities that create innovative ways to save water o Tim Quinn, Executive Director of the Association of California Water Agencies, gave a presentation regarding water issues in the State of California; his presentation is available on YouTube February 6 Attended the Paper Football Challenge fundraiser at the Boys & Girls Club which was sponsored by Chick-Fil-A; it was a great event and Blue Buoy Swim School was the winner Attended the Urban Water Institute Spring Conference in Palm Springs; the speakers were wonderful and key topics were the Colorado River Water Supply and Demand Study and the economic impact of the drought in California. February 11 Attended the Night of Comedy fundraiser presented by the Tustin Exchange Club to support the "Barracks in a Box" program for homeless veterans who are transitioning into veteran housing; donations can be made on the Tustin Exchange Club website Announced that Congresswoman Mimi Walters will host a Personal Security & Emergencies Town Hall at the Clifton C. Miller Community Center on Wednesday, February 17th Announced that the Orange County Business Council 2016 Annual Dinner will be held on February 18, 2016 Announced that he was appointed as Vice Chair of the Orange County Local Agency Formation Committee Announced that he was named President of the Orange County Mosquito and Vector Control District MAYOR NIELSEN February 8 Attended the Orange County Sanitation District Legislative and Public Affairs Committee meeting: o Discussed federal bills and out-of-state legislature related to waste -water and recycling o Mentioned that Orange County Sanitation District has a large public outreach program and encouraged anyone interested in touring the treatment facilities and groundwater replenishment system to call the main number for appointments. February 10 Attended the Orange County Sanitation District Administrative Committee meeting: City Council February 16, 2016 Meeting Minutes Page 9 of 11 o Approved procurements for computer and computer-related services through an administrative deal o Reviewed the quarter -end reporting, investment transactions and budget assumptions for the coming year; the District is in good shape with reserves on hand for any issues that may arise o Approved refunding revenue obligation bonds totaling $163 million dollars, which will save the agency $19 million dollars over 5 years February 11 o Attended the Grand Re -Opening for Rite Aid at the Larwin Square Shopping Center o Attended the Association of California Cities, Orange County Elected Officials Reception at Angels Stadium Diamond Club; very well attended o Attended the Night of Comedy presented by the Tustin Exchange Club at the Tustin Ranch Golf Course for "Barracks in a Box", it was a great event and very well - attended; congratulated Kay Kearney and Randi Bernstein for all their efforts January 12 Attended the Mayor's Summit at Concordia University; speaker was former Mayor of Riverside and University of California, Riverside professor Ron Loveridge who discussed cities of the future EVENT ANNOUNCEMENTS o Tustin's 1 sc Citizen Academy March 30, 2016 — June 1, 2016 o Vacancies for Planning and Community Services Commissions Applications are due by February 19, 2016 o Chamber of Commerce New Member Reception February 18, 2016 from 5:30 pm — 7:30 p.m. Tustin Grille o Read Across America March 2, 2016 Presented by the Police Department Veeh Elementary o Police Department Sub -Station March 5, 2016 at 10:00 a.m. Frontier Park o Miss Tustin Scholarship Program March 5, 2016 at 7:00 p.m. Beckman High School Auditorium City Council February 16, 2016 Meeting Minutes Page 10 of 11 o 5th Annual Leprechaun Leap March 13, 2016 Hosted by the Tustin Chamber of Commerce ADJOURNED IN MEMORY OF PHYLLIS BURHENN ADJOURNED at 7:55 p.m. The next meeting is scheduled for Tuesday, March 1, 2016 for the Special Meeting to conduct Commission interviews at 4:00 p.m. followed by 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 February 16, 2016 Meeting Minutes Page 11 of 11