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Home My WebLink AboutCC MINUTES 02-17-15 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 17, 2015 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER— Meeting #2362 at 5:30 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case ' 1 . 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 City Council and Successor Agency February 17, 2015 Minutes Page 1 of 11 Agency City of Tustin City Negotiators Jeffrey Parker, John Buchanan Negotiating Parties MDO Holdings LLC Under Negotiation Price and Terms of Payment RECESSED at 5:31 p.m. RECONVENED at 7:05 p.m. 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 at 7:05 p.m. INVOCATION — Dane Counts, King's Way Foursquare Church of Tustin PLEDGE OF ALLEGIANCE — Mayor Pro Tern Nielsen 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 ORAL COMMUNICATION/PUBLIC INPUT— None CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no reportable action. PRESENTATION — Mayor Puckett presented a Proclamation to Cameron Irons owner of Nieuport 17 City Council and Successor Agency February 17, 2015 Minutes Page 2 of 11 PUBLIC HEARING ITEM NO. 1 1. COMMUNITY DEVELOPMENT BLOCK GRANT 2015-2020 CONSOLIDATED PLAN AND SUBRECIPIENTS PERFORMANCE EVALUATION PowerPoint presentation by Assistant Director of Community Development Justina Willkom 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. 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. Public hearing opened at 7:26 p.m. Public hearing closed at 7:27 p.m. with no public comments It was moved by Councilmember Murray and seconded by Councilmember Bernstein 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. Motion carried: 5-0 CONSENT CALENDAR ITEMS NO. 2-8 It was moved by Councilmember Bernstein and seconded by Councilmember Gomez to City Council and Successor Agency February 17, 2015 Minutes Page 3 of 11 pull Items 6 and 8 and approve the balance as recommended by staff. Motion carried: 5-0 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. 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. City Council and Successor Agency February 17, 2015 Minutes Page 4 of 11 (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 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 34177(j). 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 City Council and Successor Agency February 17, 2015 Minutes Page 5 of 11 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. It was moved by Councilmember Murray and seconded by Councilmember Gomez to 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. Motion carried: 5-0 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 7. 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. 8. 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. It was moved by Councilmember Murray and seconded by Mayor Puckett to 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. City Council and Successor Agency February 17, 2015 Minutes Page 6 of 11 Motion carried: 5-0 REGULAR BUSINESS 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) 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. It was moved by Councilmember Bernstein and seconded by Councilmember Gomez to: 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. Mayor Puckett appointed an Ad Hoc Committee consisting of Mayor Puckett and Councilmember Bernstein to establish the 2016 calendar. Motion carried: 5-0 10. FORMATION OF VETERANS ADVISORY COMMITTEE/COMMISSION Mayor Pro Tem Nielsen has asked that the City Council discuss and consider City Council and Successor Agency February 17, 2015 Minutes Page 7 of 11 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. It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Murray to 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. Motion carried: 5-0 OTHER BUSINESS/COMMITTEE REPORTS CITY MANAGER JEFFREY C. PARKER Reported that escrow is closing on the properties located at 14741 and 14751 Newport Avenue which is being purchased by the Orange County Rescue Mission as housing for homeless veterans COUNCILMEMBER BERNSTEIN February 5 o Attended the Municipal Water District of Orange County Water Policy Dinner; guest speaker was Dr. Lucy Jones of the U.S. Geological Survey February 6 o Attended the Water Advisory Committee of Orange County presentation Food for Thought: Water Challenges Facing California Agriculture presented by Galye Holman, Pubilc Affairs Representative, Westlands Water District/Farmer Perspective Provided an update on the Central Valley regarding the drought conditions February 7 o Toured the Standard Pacific Development at the Legacy o Attended the Hangar Tour 2015 February 11 o Attended the Orange County Local Agency Formation Commission meeting Announced the Association of California Cities of Orange County created a Water Policy Committee; was elected Chair City Council and Successor Agency February 17, 2015 Minutes Page 8 of 11 Attended the Association of California Cities of Orange County City Leader Reception Thanked staff for preparing comprehensive reports COUNCILMEMBER GOMEZ February 7 o Attended the Hangar Tour 2015 February 13 o Attended the Senior Citizens Advisory Council meeting; presentation on Care Concept Announced there will be an Orange County Leadership Forum on Aging in Irvine on Friday, February 20; presented by Alzheimer's Association, SeniorSery and Orange County Health Agency Announced the California Senior Legislature is requesting tax donations Tax Assistance is available for Senior Citizens through the County; contact the Office on Aging at 800.510.2020 Announced Casino Night is scheduled on March 6, 2015 at the Senior Center COUNCILMEMBER MURRAY February 9 o Attended the Orange County Transportation Authority Board of Directors meeting; a representative from the Office of Traffic and Safety briefed the Board on possible grant opportunities regarding pedestrian safety February 11 o Attended the Orange County Transportation Authority Budget Committee meeting . February 11 o Attended the Orange County Fire Authority Budget and Finance Committee meeting February 12 o Attended the Orange County Transportation Authority Transit Committee meeting; discussed the bus services contract February 7 o Attended the Hangar Tour 2015; thanked Mayor Pro Tem Nielsen for organizing the event City Council and Successor Agency February 17, 2015 Minutes Page 9 of 11 February 9 o Attended the Veterans Design Memorial forum; next forum is scheduled on February 23 February 11 o Attended the Tustin Chamber breakfast; recognized Officer of the Month Michael Carter MAYOR PRO TEM NIELSEN February 4 o Attended the Orange County Sanitation District Operations Committee meeting February 7 o Attended the Hangar Tour 2015; thanked Julie Anderson, Chief Celano, Matt West, Pete Beatty and Bob Ammann February 9 o Attended the Orange County Sanitation District Legislative Committee meeting February 9 o Chaired the Association of California Cities of Orange County Energy and Compliance meeting February 11 o Attended the Tustin Chamber breakfast; recognized Officer of the Month Michael Carter February 12 o Attended the Association of California Cities of Orange County Elected Officials Reception February 11 o Attended the Orange County Sanitation District Administrative Committee meeting Announced the Boys Scouts were selling commemorative coins at the hangar tour; contact Julie Anderson for more information MAYOR PUCKETT Attended the Orange County Fire Authority orientation Interviewed by Time Warner regarding the City of Tustin City Council and Successor Agency February 17, 2015 Minutes Page 10 of 11 February 7 o Attended the Hangar Tour 2015; thanked Mayor Pro Tern Nelsen, Pete Beatty and Bob Ammann February 11 o Attended the Tustin Chamber breakfast; recognized Officer of the Month Michael Carter Attended the Transportation Corridor Agency Ad Hoc Committee meeting Attended the Transportation Corridor Agency Board of Directors meeting Attended the filming of a commercial at Rasoi Curry ADJOURNED at 8:10 p.m. 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. CHARLES E. PUCKETT, JE "'E/Y C. PARKER, Mayor City , eel( 1 City Council and Successor Agency February 17, 2015 Minutes Page 11 of 11