HomeMy WebLinkAbout00 CC AGENDA 4.5.16 CITY OF TUSTIN REGULAR APRIL 5, 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
CLOSED SESSION MEETING
OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2388
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)] — Two Cases
A. Successor Agency to the Tustin Redevelopment Agency, et al. v. Michael
Cohen: Sacramento Superior Court Case No. 34-2015-80002046 CU-WM-
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.
GDS
B. Consideration of request for amicus brief: The Yorba Linda Taxpayers
Association (Petitioners) vs. The Yorba Linda Water District (Respondents),
Superior Court Case No. 30-2016-00829548
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code §
54956.8] — One Case
A. 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
REGULAR MEETING OF
THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2388
PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE —
American Legion
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.
PRESENTATIONS —
o DMV/Donate Life California Month
o Mothers Against Drunk Driving Award presentations — Officers Smith and Laurich
City Council April 5, 2016
Meeting Agenda Page 2 of 8
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. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Recommendation: 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 MARCH 15, 2016 AND SPECIAL MEETING OF THE CITY
COUNCIL HELD ON MARCH 15, 2016
Recommendation: That the City Council approve the Action Minutes of the
Regular Meeting of the City Council held on March 15, 2016 and the Special
Meeting of the City Council held on March 15, 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.
Recommendation: Approve Payroll in the amount of $665,025.75 and
Demands in the amount of$5,441 ,457.11 .
4. DESTRUCTION OF RECORDS - PARKS AND RECREATION OFFICE
The Parks and Recreation Office is requesting authorization to destroy records
that are no longer required for retention pursuant to the City's Record
Retention/Disposition Schedule.
Recommendation: That the City Council: Adopt Resolution No. 16-04,
authorizing the destruction of records in the possession of Parks and
Recreation.
RESOLUTION NO. 16-04
City Council April 5, 2016
Meeting Agenda Page 3 of 8
A RESOLUTION OF THE CITY COUNCIL OF CALIFORNIA, AUTHORIZING
THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE
POSSESSION OF THE PARKS AND DEPARTMENT OF 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
5. 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: That the City Council: Adopt Resolution No. 16-21 ,
authorizing the destruction of records in the possession of the City Clerk.
RESOLUTION NO. 16-21
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
6. DESTRUCTION OF RECORDS — HUMAN RESOURCES DEPARTMENT
With approval from the City Council and City Attorney, the City's Record
Retention/Disposition Schedule permits the destruction of records in
accordance with specific criteria. Files pertaining to a number of closed
recruitments have been identified as meeting the criteria for destruction.
Recommendation: Adopt Resolution No. 16-16, authorizing the destruction of
certain records in possession of the Human Resources Department.
RESOLUTION NO. 16-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY
RECORDS IN POSSESSION OF THE HUMAN RESOURCES DEPARTMENT
7. APPROVE AGREEMENT FOR INDEPENDENT AUDIT SERVICES
The City sent Request for Proposals (RFP) to independent certified public
accounting firms to audit its financial statements through the fiscal year ending
June 30, 2018, with the option of auditing its financial statements for each of the
two subsequent fiscal years. The Audit Commission reviewed the RFP's
submitted and selected White Nelson Diehl Evans, LLP (WNDE) as the firm that
should complete the auditing services.
City Council April 5, 2016
Meeting Agenda Page 4 of 8
Recommendation: That the City Council:
Based on the advisement of the Audit Commission, that the City Council
approve WNDE as the independent certified public accounting firm to audit its
financial statements through the fiscal year ending June 30, 2018, with the
option of auditing its financial statements for each of the two subsequent fiscal
years. Staff also requests Council authorize the City Manager to execute the
agreement with WNDE subject to any non-substantive modifications as may be
deemed necessary and/or recommended by the City Attorney.
8. FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH
SPAULDING THOMPSON & ASSOCIATES
Approval is requested to amend the existing Consultant Services Agreement
with Spaulding Thompson & Associates to include City-wide public relations and
communications services.
Recommendation: That the City Council:
1 . Authorize the City Manager to execute the attached First Amendment to
the Consultant Services Agreement between the City and Spaulding
Thompson & Associates; and
2. Approve a supplemental appropriation of $40,000 from the General Fund
Reserve.
9. AUTHORIZE A CONSULTANT SERVICES AGREEMENT FOR PROJECT
MANAGEMENT AND DESIGN SERVICES FOR THE WIDENING OF PARK
AVENUE BETWEEN DISTRICT DRIVE AND WARNER AVENUE IN THE
DISTRICT
As part of The District development, Park Avenue was designed and
constructed in its current configuration with, in some areas, single travel lanes in
each direction and heavily landscaped parkways. Due to ongoing traffic
concerns in The District, it is now necessary to enter into an agreement for
project management and design services to widen Park Avenue between
District Drive and Warner Avenue.
Recommendation: That the City Council:
1 . Authorize staff to request professional engineering services and enter
into a Consultant Services Agreement for project management and
design services in an amount not to exceed $350,000 and appropriate
funds utilizing proceeds from the refinance of Community District Facility
(CFD) 07-1 ; and
City Council April 5, 2016
Meeting Agenda Page 5 of 8
2. Amend the adopted Fiscal Year 2015-2017 Capital Improvement
Program to include the project of Park Avenue Widening, between
District Drive and Warner Avenue.
10. APPROVE RESOLUTION 16-18 AUTHORIZING THE SUBMITALL OF AN
APPLICATION FOR THE CALRECYCLE CITY/COUNTY PAYMENT
PROGRAM AND RELATED AUTHORIZATIONS
Each year the City applies for the Department of Resources Recycling and
Recovery (CalRecycle) City/County Payment Program, which funds beverage
container recycling and litter reduction efforts throughout the state. This year a
resolution authorizing submittal of the application is required.
Recommendation: That the City Council approve Resolution 16-18 authorizing
the submittal of an application for CalRecycle's City/Council Payment Program.
11. ADOPT RESOLUTION NO. 16-17 TO ACCEPT IMPROVEMENTS FOR THE
BIOFILTRATION RETROFIT CONSTRUCTION PROJECT (CIP NO. 50041)
AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION
Construction of the Biofiltration Retrofit - Edinger/Red Hill/ Valencia /Kensington
Park Quadrant Construction Project (CIP No. 50041) has been completed to the
satisfaction of the City Engineer and is now ready for City Council acceptance.
Recommendation: That the City Council:
1 . Adopt Resolution No. 16-17 accepting the construction of the Biofiltration
Retrofit - Edinger/Red Hill/Valencia/Kensington Park Quadrant
Construction Project (CIP No. 50041); and
2. Authorize the City Engineer to execute and file the Notice of Completion
with the Orange County Recorder's Office.
RESOLUTION NO. 16-17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT
ANDAUTHORIZING THE RECORDATION OF THE NOTICE OF
COMPLETION FOR THE BIOFILTRATION RETROFIT CONSTRUCTION
PROJECT - CIP NO. 50041
City Council April 5, 2016
Meeting Agenda Page 6 of 8
REGULAR BUSINESS ITEMS
Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion
(Agenda Items 12- 13)
12. WATER CONSERVATION UPDATE - FEBRUARY 2016
As a result of the drought, the City of Tustin is required to provide the State
Water Resources Control Board with data that will be used to determine if the
City is meeting the required 28% conservation target and the various methods
being utilized to ensure compliance with the State's mandates. This report
summarizes the information provided to the State for the month of February
2016 and provides the City Council and the public with general information on
previous and upcoming actions taken by the City.
Recommendation: That the City Council receive and file this report.
13. ADOPT RESOLUTION 16-19 TO APPROVE REVISED EFFECTIVE DATE TO
AN AMENDMENT OF THE WASTE DISPOSAL AGREEMENT
On May 5, 2015, the City Council approved an Amendment to the 2009 Waste
Disposal Agreement (WDA Amendment) to provide for continuation of
importation of waste at the County landfills, City allocation of future importation
revenues and to extend terms of the WDA through June 30, 2025. A revision to
the Effective Date to the WDA Amendment is requested to allow additional time
for the County to secure all city approvals. This WDA Amendment will maintain
stable disposal rates and continuity of service for residents and businesses
while ensuring continued partnership between all 34 cities and the County.
Recommendation: Adopt Resolution No. 16-19 approving a Revised Effective
Date to the WDA Amendment between the County of Orange and City of Tustin
to allow for the continued importation of waste at the County's three landfills and
to extend the terms of the WDA through June 30, 2025.
RESOLUTION NO. 16-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING THE REVISED EFFECTIVE DATE TO AN
AMENDMENT TO THE 2009 WASTE DISPOSAL AGREEMENT WITH THE
COUNTY OF ORANGE
OTHER BUSINESS/COMMITTEE REPORTS
ADJOURNMENT — The next meeting is scheduled for Tuesday, April 19, 2016 for the
City Council April 5, 2016
Meeting Agenda Page 7 of 8
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 April 5, 2016
Meeting Agenda Page 8 of 8