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Home My WebLink About03 CC MINUTES 4.7.15 Agenda Item 3 Reviewed: City Manager JCP N/A Finance Director 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 APRIL 7, 2015 CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER – Meeting #2365 at 5:30 p.m. ATTENDANCE - Present: Mayor Charles E. “Chuck” Puckett, Mayor Pro Tem 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. THREAT TO PUBLIC SERVICES OR FACILITIES [Cal. Government Code § 54957(a)] One Case 1. Consultation with Tustin Police Department, Chief of Police 4. LIABILITY CLAIMS [Government Code § 54956.95] – Three Cases City Council and Successor Agency April 7, 2015 Minutes Page 1 of 10 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 RECESSED at 5:31 p.m. RECONVENED at 7:08 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 #2365 at 7:08 p.m. PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE - American Legion and Boys and Girls Club City Council and Successor Agency April 7, 2015 Minutes Page 2 of 10 ROLL CALL – City Clerk Present: Mayor Charles E. “Chuck” Puckett, Mayor Pro Tem 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 CLOSED SESSION REPORT – City Attorney David E. Kendig: The City Council denied the following claims: Claim of Esther Gilbert, Claim No. 15-03, Claim of Farmers Insurance/Martell, Claim No. 15-06 and Claim of Erika Lopez, Claim No. 15-07; other than that, no reportable action. ORAL COMMUNICATION/PUBLIC INPUT – Ben Rejniak o Pete Beatty o PRESENTATIONS Adam Reingold, Chief Executive Officer of the Tustin Boys and Girls Club provided  a PowerPoint presentation Jim McQueen, Board Member/Secretary of Orange County Human Relations  provided an update on the annual report Jim Palmer, President of the Orange County Rescue Mission presented a videoon  theVeterans Joint Task Force 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. City Council and Successor Agency April 7, 2015 Minutes Page 3 of 10 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. It was moved by Councilmember Murray and seconded by Mayor Pro Tem Nielsen to continue the item to the April 21, 2015 City Council Meeting. Motion carried: 5-0 CONSENT CALENDAR ITEMS 2-6 It was moved by Mayor Pro Tem Nielsen and seconded by Councilmember Gomez to 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 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 City Council and Successor Agency April 7, 2015 Minutes Page 4 of 10 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 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 City Council and Successor Agency April 7, 2015 Minutes Page 5 of 10 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. REGULAR BUSINESS 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. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem Nielsen to 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. Motion carried: 5-0 OTHER BUSINESS/COMMITTEE REPORTS COUNCILMEMBER BERNSTEIN Thanked the Boys and Girls Club Thanked Jim Palmer, President of the Orange County Rescue Mission Attended the Orange County Local Agency Formation Commission meeting Attended the Superheroes of Tustin Luncheon; congratulated the recipients; thanked the Tustin Community Foundation Attended the Police Department Town Hall meeting; thanked Chief Celano and the City Council and Successor Agency April 7, 2015 Minutes Page 6 of 10 Police Department Attended the Easter Egg Hunt; thanked Director of Parks and Recreation Dave Wilson and staff Addressed the Tustin Lions Club; provided an update on the City Provided an update regarding the drought; requested staff to reevaluate the City’s water management plan (Ordinance No. 1060) and provide Council recommmendations to improve the water rules and methods to encourage conservation; thanked Public Works Director Doug Stack and staff Thanked Mayor Pro Tem Nielsen for his efforts in improving services to veterans Wished all a belated Happy Easter and Happy Passover COUNCILMEMBER GOMEZ March 20 Attended the Superheroes of Tustin Luncheon o Attended the Dollars for Scholars fundraising event o March 24 Attended the last City Council meeting of Mayor Henry C. Gonzalez of South o Gate; provided a Certificate of Recogition from the Tustin City Council honoring 27 years of his service March 25 Attended the Police Department Town Hall meeting; thanked the Police o Department March 26 Attended the Senior Advisory Board meeting; discussed upcoming projects and o events Attended the Santa Ana River Flood Protection Agency meeting o April 1 Attended the Tustin branch of American Association of University Women o meeting; Dr. Gregory Franklin provided an update on the different STEM programs in the district April 2 Attended the Southern California Edison update; discussed new technology to o save energy Attended the Orange County Library Finance and Executive Board meeting to o discuss the budget City Council and Successor Agency April 7, 2015 Minutes Page 7 of 10 April 3 Attended the spring brunch at the Senior Center o April 4 Attended the Easter Egg Hunt o COUNCILMEMBER MURRAY March 18 Attended the Association of California Cities of Orange County Board of Directors o meeting March 19 Attended the Orange County Fire Authority Board of Directors meeting o Complimented his colleagues for continuing to support initiatives for veteran services MAYOR PRO TEM NIELSEN March 4 Attended the Orange County Sanitation District Operations Committee meeting o March 9 Attended the Orange County Sanitation District Legislative Committee meeting o March 11 Attended the Tustin Chamber of Commerce breakfast o March 12 Attended the Association of California Cities of Orange County new office grand o opening Attended the Orange County Sanitation District new board member training March 15 Attended the Leprechaun Leap o March 16 Chaired the Association of California Cities of Orange County Energy and o Environment Committee meeting March 20 Attended the Superheroes of Tustin Luncheon o City Council and Successor Agency April 7, 2015 Minutes Page 8 of 10 March 22 Attended the swearing in ceremony for Senator John Moorlach at the Orange o County Rescue Mission March 25 Attended the Orange County Sanitation District Steering Committee meeting o March 28 Attended the Boys and Girls Club dedication ceremony honoring Gary Oustad o April 1 Attended the Orange County Sanitation District Board of Directors meeting o April 2 Attended the Southern California Association of Governments Board of Directors o meeting April 3 Presented at the Kiwanis Club; provided an update on the City o April 4 Attended the Easter Egg Hunt o Invited colleagues to the Southern California Association of Governments Regional Conference in Palm Desert on May 7-8 MAYOR PUCKETT Thanked the Tustin Chamber of Commerce for a successful Leprechaun Leap Attended the Superheroes of Tustin Luncheon; thanked the Tustin Commuity Foundation Attended Transportation Corridor Agencies Ad Hoc Committee meetings Attended the Transportation Corridor Agencies Board of Directors meeting Attended the Boys and Girls Club dedication ceremony honoring Gary Oustad Attended the Veterans Task Force meeting at the Orange County Rescue Mission Spoke at the Tustin Area Republican Women Federated event at the Tustin Ranch Golf Course Thanked Director of Parks and Recreation Dave Wilson for a successful Easter Egg Hunt City Council and Successor Agency April 7, 2015 Minutes Page 9 of 10 Announced he will participate in the Lions Club Golf Tournament at the Tustin Ranch Golf Course CLOSED SESSION UPDATE –City Attorney David E. Kendig: The Council will discuss Item No. 6 Labor Negotiaitons. RECESSED TO CLOSED SESSION - 8:04 p.m. CLOSED SESSION MEETING (Following the Regular City Council Meeting) 6. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association – Management Unit (TPMA) Employee Organization: Tustin Police Officers Association – Officer Unit (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part-Time Employees RECONVENED IN OPEN SESSION - 9:46 p.m. CLOSED SESSION REPORT –City Attorney David E. Kendig: The City Council took no reportable action. ADJOURNED at 9:47 p.m. 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 Minutes Page 10 of 10