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Home My WebLink About00 CC AGENDA 4.7.15CITY 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 APRIL 7, 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 #2365 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. THREAT TO PUBLIC SERVICES OR FACILITIES [Cal. Government Code § 54957(a)] One Case 1. Consultation with Tustin Police Department, Chief of Police 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. 4. LIABILITY CLAIMS [Government Code § 54956.95] — Three Cases 1. Claim of Esther Gilbert, Claim No. 15 -03 2. Claim of Farmers Insurance /Martell, Claim No. 15 -06 3. Claim of Erika Lopez, Claim No. 15 -07 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Two Cases 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 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director Economic Development Negotiating Parties MDO Holdings LLC Under Negotiation Price and Terms of Payment 2. Property 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03 Address /Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Tustin Unified School District, represented by Dr. Gregory Franklin, Superintendent 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 #2365 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE - American Legion and Boys and Girls Club ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig City Council and Successor Agency April 7, 2015 Meeting Agenda Page 2 of 6 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 • Boys and Girls Club • OC Human Relations — Jim McQueen • Fair Housing Month Proclamation —April Overlie • Orange County Rescue Mission Veterans Joint Task Force Video 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 (CDBG) CONSOLIDATED PLAN FOR 2015 -2020 AND ONE YEAR ACTION PLAN FOR PROGRAM YEAR 2015 -16 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 needs for affordable and supportive housing, community development, public services, and economic opportunities. The Consolidated Plan is required every five years. Annually, the City is also required to prepare a one -year Action Plan that implements the goals and objectives contained in the Consolidated Plan. On February 17, 2015, the City Council held the first required public hearing to receive public input and testimony; considered and provided staff with direction on the 2015 -2020 Consolidated Plan Priority Needs; considered and provided staff with direction on public service performance evaluations for continued funding; and, set a second required public hearing on April 7, 2015, to finalize the 2015 -2020 Consolidated Plan update and the Program Year 2015 -16 Action Plan. To allow additional public /agency notification and time to receive and review comments pertaining to the Consolidated Plan and Action Plan, staff is recommending that the City Council continue this item. Recommendation: That the City Council continue the item to the April 21, 2015 City Council and Successor Agency April 7, 2015 Meeting Agenda Page 3 of 6 City Council Meeting. 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 6) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON MARCH 17, 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 March 17, 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 $624,575.64; and Demands in the amount of $4,971,106.99. 4. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR PROJECT CIP NO. 70014 The plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70014 have been prepared and the project is now ready to be bid. Recommendation: That the City Council adopt Resolution No. 15 -13 approving the plans and specifications for the Annual Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP No. 70014, and authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 15 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ROADWAY REHABILITATION AND CITYWIDE SIDEWALK REPAIR City Council and Successor Agency April 7, 2015 Meeting Agenda Page 4 of 6 PROJECT CIP NO. 70014 AND AUTHORIZING ADVERTISEMENT FOR BIDS 5. APPROVE COOPERATIVE AGREEMENT NO. D02 -119 -2 WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT INCREASING THE RESIDENTIAL UNIT LIMIT FOR THE CONSTRUCTION OF THE PETER'S CANYON CHANNEL FLOOD CONTROL IMPROVEMENTS Cooperative Agreement D02 -119 dated March 11, 2003 as amended established terms and conditions under which certain Peter's Canyon Channel Flood Control Improvements would be scheduled, engineered, financed, constructed, operated, and maintained. Cooperative Agreement D02 -119 -2 increases the residential certificate of occupancy limit of 1,000 units, established in the original approved agreement with the Orange County Flood Control District (OCFCD) and the County of Orange, by an additional 200 units to 1,200 units. Prior to that limit being reached, the Peter's Canyon Channel Improvements are required to be awarded and construction commenced. Recommendation: That the City Council approve Cooperative Agreement No. D02 -119 -2 with the Orange County Flood Control District and the County of Orange and authorize the City Manager and City Clerk to execute the agreement on behalf of the City. 6. THIRD AMENDMENT TO CONTRACT WITH CR &R INCORPORATED FOR SOLID WASTE AND RECYCLING SERVICES CR &R Incorporated (CR &R) is the City's exclusive provider for solid waste and recycling services. The Contract between the City and CR &R allows for annual rate increases to offset increases in the cost to provide the service. Rate increases have been adjusted using the Producer Price Index (PPI) for the month of December. The City and CR &R have agreed to use the October PPI to determine the rate adjustment that will take effect on July 1, 2015 to ensure the City is able to comply with the requirements of Proposition 218 and is not found to be in breach of the contract with CR &R. Additionally, miscellaneous operational changes found to benefit the community are being captured in this amendment. Recommendation: That the City Council: 1. Approve the Third Amendment to the Contract for the Collection, Transportation and Disposal of Municipal Solid Waste and for the Collection, Transportation, Processing and Diversion of Recyclable Materials; and 2. Authorize the Mayor and City Clerk to execute the amendment on behalf of the City with any non - substantive changes recommended by the City Attorney. City Council and Successor Agency April 7, 2015 Meeting Agenda Page 5 of 6 REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 7) 7. FORMATION OF VETERANS ADVISORY AD HOC COMMITTEE At its February 17, 2015 meeting, the City Council directed staff to explore, in greater detail, the establishment 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 establish a City Council Veterans Advisory Ad Hoc Committee and Veterans Working Group to comprehensively examine existing veteran programs and activities, and explore potential opportunities to provide additional support /resources and recognition. OTHER BUSINESS /COMMITTEE REPORTS CLOSED SESSION MEETING (Following the Regular City Council Meeting) 6. LABOR NEGOTIATIONS Agency Negotiators: Employee Organization: Employee Organization: Employee Organization Employee Organization: Employee Organization: Employee Organization: Employee Organization: Employee Organization [Government Code Section 54957.6] Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association — Management Unit (TPMA) Tustin Police Officers Association — Officer Unit (TPOA) Tustin Police Support Service Association (TPSSA) Unrepresented Confidential Employees Unrepresented Supervisory Employees Unrepresented Executive Management and Management Employees Unrepresented Part -Time Employees ADJOURNMENT — The next meeting is scheduled for Tuesday, April 21, 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 April 7, 2015 Meeting Agenda Page 6 of 6