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Home My WebLink About00 CC AGENDA 2.17.15CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY John Nielsen, Mayor Pro Tern Rebecca Gomez, Councilmember Al Murray, Councilmember Dr. Allan Bernstein, Councilmember FEBRUARY 17, 2015 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager Charles E. Puckett, Mayor David E. Kendig, City Attorney Jeffrey C. Parker, City Clerk Pamela Arends -King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2362 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 REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case Property Parcel numbers 430 - 371 -18, 19, 20, 21, 22, 23, 24, Address /Description 25, 26, 27, 28, 29, 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68 Agency City of Tustin 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. City Negotiators Jeffrey Parker, John Buchanan Negotiating Parties MDO Holdings LLC Under Negotiation 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 #2362 INVOCATION — Dane Counts, King's Way Foursquare Church of Tustin PLEDGE OF ALLEGIANCE — Mayor Pro Tern Nielsen 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. PRESENTATION — Nieuport 17, Cameron Irons PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1. COMMUNITY DEVELOPMENT BLOCK GRANT 2015 -2020 CONSOLIDATED PLAN AND 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 City Council and Successor Agency February 17, 2015 Meeting Agenda Page 2 of 7 urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low and moderate income persons. To participate in the CDBG program, the City is required to prepare a Consolidated Plan that identifies priority needs for affordable and supportive housing, community development, public services, and economic opportunities. The Consolidated Plan is required every five (5) years. Annually, the City is required to prepare a one -year Action Plan that implements the goals and objectives contained in the Consolidated Plan. The City is also required to review the performance of the Public Services Activities who have received CDBG funding. Recommendation: That the City Council: 1. Hold the first required public hearing to receive public input and testimony; 2. Consider and approve the 2015 -2020 Consolidated Plan Priority Needs as recommended or modified; 3. Consider public service performance evaluations and approve continued funding; and, 4. Set a second required public hearing on April 7, 2015, to finalize the 2015 -2020 Consolidated Plan update, Program Year 2015 -16 funding allocation and the Program Year 2015 -16 Action Plan. 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 2 through 8) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON FEBRUARY 3, 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 February 3, 2015. 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 and Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. City Council and Successor Agency February 17, 2015 Meeting Agenda Page 3 of 7 Recommendation: Approve Payroll in the amount of $636,479.87; and Demands in the amount of $4,466,769.59. 4. SUCCESSOR AGENCY APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR PERIOD OF JULY 1, 2015 THROUGH DECEMBER 31, 2015 Pursuant to AB 1X 26 and the recently passed AB 1484, the City of Tustin, acting as the Successor Agency to the Tustin Community Redevelopment Agency (Successor Agency), is seeking approval of the Recognized Obligation Payment Schedule 15 -16A ( "ROPS 15 -16A ") for the period of July 1, 2015 through December 31, 2015. Recommendation: That the City Council, acting as the Successor Agency, approve ROPS 15 -16A for the period of July 1, 2015 through December 31, 2015, and authorize submission of the ROPS 15 -16A to the Department of Finance ( "DoF ") by March 3, 2015, subject to the following conditions: 1. Review and approval by the Oversight Board; and 2. Should any subsequent modifications be required to ROPS 15 -16A by the Successor Agency, independent auditor, or the DoF, the Successor Agency's Executive Director and /or Finance Director, or their authorized designee, shall be authorized to make any augmentation, modification, additions or revisions as may be necessary subject to certification by the Oversight Board Chair. (Note: Pursuant to AB 1484 - amended California Health and Safety Code (HSC) Section 34177(m), the above actions by the City's Successor Agency shall not become effective for forty -five (45) business days after approval by the Oversight Board pending a review by the DoF. Within five business days of the DoF's determination, the Successor Agency can request additional review by the DoF and an opportunity to meet and confer on disputed items.) 5. SUCCESSOR AGENCY APPROVAL OF AMENDED ADMINISTRATIVE BUDGETS AND AUTHORIZATION TO ENTER INTO AN EIGHTH AMENDED AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT Successor Agency approval is requested of an amended Administrative Budget and authorization for the City and Successor Agency to enter into an Eighth Amended Agreement for reimbursement of administrative support. Recommendation: 1. That the City Council approve and authorize the City to enter into an City Council and Successor Agency February 17, 2015 Meeting Agenda Page 4 of 7 Eighth Amended Agreement for Reimbursement of Costs and City /Successor Agency Operations Loan with the City acting as Successor Agency to the Tustin Community Redevelopment Agency. 2. That the City, acting as the Successor Agency to the Tustin Community Redevelopment Agency ( "Successor Agency "), take the following actions: A. Approve the attached amended Administrative Budget pursuant to California Health and Safety Code (HSC) Section 341770). Should any subsequent modifications be determined necessary, the City Manager and /or Finance Director, or their authorized designee, shall be authorized to make augmentation, modification, additions, or revisions as may be necessary subject to Oversight Board approval. B. Approve and authorize the Successor Agency to enter into an Agreement for Reimbursement of Costs and City /Successor Agency Operations Loan with the City for reimbursement of costs incurred by the City to support Successor Agency operations, obligations consistent with the Administrative Budget approved by the Successor Agency. The Successor Agency shall also be authorized to enter into any agreements necessary to provide administrative support services as identified in the Administrative Budget attached hereto. 6. ADOPT RESOLUTION NO. 15 -07 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2015- 2016 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. 15 -07 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2015 -2016. Recommendation: That the City Council adopt Resolution No. 15 -07 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2015 -2016. RESOLUTION NO. 15 -07 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 2015 -2016 City Council and Successor Agency February 17, 2015 Meeting Agenda Page 5 of 7 7. 3 RENEWAL OF FIELD SERVICES 4/10 WORK SCHEDULE FOR 2015 As a pilot program in calendar years 2013 and 2014, Field Services personnel were assigned to a 4/10 work schedule during Daylight Savings Time. Formal authorization from the City Council will allow the City to implement this program once again in 2015, in accordance with previous City Council direction. Recommendation: That the City Council renew for calendar year 2015 the Field Services 4/10 Work Schedule as set forth in the City's current memorandum of understanding (MOU) with the Tustin Municipal Employees Association (TMEA), in accordance with previous City Council direction. APPROVAL OF OPERATOR SERVICES AGREEMENT FOR CARNIVAL RIDES AND CONCESSION SERVICES FOR THE TUSTIN TILLER DAYS FESTIVAL Approval of an Operator Services Agreement between the City of Tustin and Brass Ring Amusements Inc. dba Midway of Fun, to provide the City with carnival rides and concession services for the Tustin Tiller Days Festival. Recommendation: Authorize the Mayor and the City Clerk to execute an Operator Services Agreement with the firm Brass Ring Amusements Inc. dba Midway of Fun for the 2015 Tustin Tiller Days Festival and two (2) optional one year extensions. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 9 -10) 9. RECOMMENDATION OF THE CITY USE OF 12 EVENTS AT THE COMMUNITY CENTER AT THE TUSTIN MARKET PLACE The City and The Irvine Company entered into a development agreement in 2014 that created the new Community Center at the Market Place. The development agreement specifically provided for 12 days of usage by the City with no facility charges. On October 21, the Mayor appointed an Ad Hoc Committee of Council Members Gomez and Nielsen to provide a recommendation to the City Council on those designated 12 events. The Ad Hoc Committee recommended that at least a quarter of the events focused on the youth of our community. The other event dates focused on informing the public about issues that relate to the overall community of Tustin. With that premise, the following is the specific recommendation for 2015 in no particular order: o City -Wide Talent Contest /Show (2 days) City Council and Successor Agency February 17, 2015 Meeting Agenda Page 6 of 7 o Youth Film Festival (2 days) o Citizens Academy (3 days) o State of the City (1 day) o Business Retention Luncheon (1 day) Public workshops on various issues such as water conservation, development plans in Tustin, and City budget (3 days). Staff is also suggesting that the City Council consider allowing the use by another public agency that is currently chaired by any member of our City Council to host an event. This may be in lieu of one of the workshop days if available. Recommendation: 1. Approve the Ad Hoc Committee's 12 uses for 2015 with the consideration of an outside agency use, and direct staff to develop a calendar with specific dates for the events listed. 2. The Mayor should appoint an Ad Hoc Committee during the summer to establish the 2016 calendar. 10. FORMATION OF VETERANS ADVISORY COMMITTEE /COMMISSION Mayor Pro Tern Nielsen has asked that the City Council discuss and consider the formation of a Veterans Advisory Committee /Commission. The purpose for this Committee is to serve in an advisory capacity and offer recommendations to the City Council on veterans' affairs including, but not limited to, housing, jobs, healthcare and legislation. Recommendation: That the City Council direct staff to explore in greater detail, the establishment of a Veterans Advisory Committee /Commission in order better illustrate Tustin's appreciation and commitment to its veterans for their service to our country and Tustin. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, March 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 February 17, 2015 Meeting Agenda Page 7 of 7