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Home My WebLink About02 CC MINUTES 4.5.16 Agenda Item 2 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 MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2388 at 5:37 p.m. ATTENDANCE Present: Mayor John Nielsen and Councilmembers Rebecca Gomez, Al Murray and Charles E. Puckett Absent: Mayor Pro Tem Dr. Allan Bernstein City Clerk: Erica N. Rabe, City Clerk Others Present: Jeffrey C. Parker, City Manager; 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 City Council April 5, 2016 Meeting Minutes Page 1 of 10 [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- 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 Recessed at 5:38 p.m. Reconvened at 7:17 p.m. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2388 at 7:17 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk Present: Mayor John Nielsen and Councilmembers Rebecca Gomez, Al Murray and Charles E. Puckett City Council April 5, 2016 Meeting Minutes Page 2 of 10 Absent: Mayor Pro Tem Dr. Allan Bernstein City Clerk: Erica N. Rabe, City Clerk Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council did not discuss Items 2 or 3(B); there was no reportable action. ORAL COMMUNICATION/PUBLIC INPUT — 1 . Jeremy Hutman 2. Travis Cooper PRESENTATIONS — o Mayor Nielsen presented a Proclamation to Peggy Averitt in recognition of DMV/Donate Life California Month. o Orange County Fire Authority Division Chief Randy Black provided a PowerPoint presentation on Paramedic Enhancements. CONSENT CALENDAR ITEMS 1-11 It was moved by Councilmember Murray and seconded by Councilmember Puckett to pull Item No. 9 and approved 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 MARCH 15, 2016 AND SPECIAL MEETING OF THE CITY COUNCIL HELD ON MARCH 15, 2016 Motion: 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. City Council April 5, 2016 Meeting Minutes Page 3 of 10 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 $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. Motion: 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 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. Motion: 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 City Council April 5, 2016 Meeting Minutes Page 4 of 10 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. Motion: 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. Motion: 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. Motion: 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. City Council April 5, 2016 Meeting Minutes Page 5 of 10 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. It was moved by Mayor Nielsen and seconded by Councilmember Murray to: 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 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. Motion carried 4-0 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. City Council April 5, 2016 Meeting Minutes Page 6 of 10 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 REGULAR BUSINESS 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. Water Services Manager Art Valenzuela provided a PowerPoint presentation. It was moved by Councilmember Puckett and seconded by Mayor Nielsen to receive and file this report. Motion carried: 4-0 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 City Council April 5, 2016 Meeting Minutes Page 7 of 10 while ensuring continued partnership between all 34 cities and the County. City Manager Jeffrey C. Parker provided a verbal update. It was moved by Councilmember Puckett and seconded by Councilmember Murray to 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. Motion carried: 4-0 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 COUNCILMEMBER PUCKETT Announced that he missed the last City Council meeting for surgery and that it is very good to be back. COUNCILMEMBER GOMEZ March 20 Attended the Cox Market Celebration Dinner; thanked Phil Cox and his family for their contributions to old town and all the other merchants present March 21 Attended the Senior Citizen Advisory Council Legislative meeting; the featured speaker was Director of the Elder Abuse Forensic Center, Dr. Kerry Burnight March 24 • Attended the Senior Advisory Board meeting: o Announced that the Senior Center recently completed their chair drive and was able to replace all chairs for the facility; there will be a celebration event on Monday, April 11th at 9:30 a.m. o Announced that the annual Casino Night fundraiser will be on Friday, April 15th • Attended the Santa Ana River Floor Protection Agency meeting March 26 Attended the Spring Egg Hunt; thanked all the sponsors and volunteers who staffed the City Council April 5, 2016 Meeting Minutes Page 8 of 10 booths for the kids; it was a great success March 30 • Attended the Home Depot Habitat for Humanity project at the Hangar; thanked both organizations involved for a great event that helped families get new homes • Attended the Citizen Academy; thanked all those enrolled and announced that it was great to see many in attendance who are interested in the community and willing to make the time commitment Thanked the Tustin Management Association for a wonderful dinner and for the recognition of the City of Tustin as one of their key partners for the Tustin Unified School District. April 2 Attended the Tustin Youth Track Meet; mentioned that this event grows every year and is a great opportunity for young people; thanked the Parks & Recreation staff for a successful event Thanked the Parks & Recreation Department and maintenance staff for doing a great job of maintaining the parks and keeping them clean and safe COUNCILMEMBER MURRAY March 16 • Attended the Association of California Cities, Orange County Board of Directors meeting • Attended the Tustin Street Fair & Chili Cook-Off Committee meeting March 18 Attended the Association of California Cities, Orange County Legislative Roundtable with Assemblyman Don Wagner; it was a very good event and well attended April 4 Attended the Orange County Transportation Authority Executive Board meeting; major topic discussed was the current state of the Gas Tax and diminished tax revenues. Encouraged citizens to participate in a voluntary experiment regarding vehicle miles traveled; more information can be found at www.octa.net. April 5 • Attended the Association of California Cities, Orange County Business meeting and Luncheon • Attended the Orange County Fire Authority Human Resources Committee meeting Proudly announced that his daughter committed to accepting a student/athlete scholarship at Marist College "Red Foxes" in Poughkeepsie, New York to play Division 1 Water Polo; her goal is to study veterinary medicine City Council April 5, 2016 Meeting Minutes Page 9 of 10 MAYOR NIELSEN March 23 • Attended the Orange County Sanitation District Steering Committee meeting • Attended the Orange County Sanitation District Board of Directors meeting March 19 Attended the Operation Warm Wishes Bike Helmet and Book Giveaway at Peppertree Park; thanked TyRon Jackson for a great job March 26 Attended the Spring Egg Hunt; thanked Director Wilson and the Parks & Recreation staff for a great job March 30 • Attended the Home Depot Habitat for Humanity project at the Hangar; mentioned that there were a lot of volunteers and it was a great event for veterans; thanked all who participated • Welcomed students to the Citizen Academy; mentioned that there were about 25 attendees which is a great first class and is looking forward to hearing feedback after the 10-week Academy is complete • Attended the Tustin School Management Association Dinner; the City received the Community Partner of the Year award for the Tustin Unified School District; thanked the Management Association and the TUSD Board of Directors for their efforts and hospitality April 5 • Attended the Association of California Cities, Orange County Business Meeting and Luncheon; congratulated Councilmember Murray for continuing his role as President of the ACCOC EVENT ANNOUNCEMENTS o Tustin Area Senior Center Casino Night Fundraiser Roaring 20's Theme Friday, April 15th from 7:00 — 10:OOpm. o E-Waste Recycling Event Saturday, May 14th from 9am — 2pm Tustin City Hall Parking Lot ADJOURNED at 8:22 p.m. The next meeting is scheduled for Tuesday, April 19, 2016 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 April 5, 2016 Meeting Minutes Page 10 of 10