HomeMy WebLinkAboutCC MINUTES 04-07-15 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
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
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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
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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
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—
o Ben Rejniak
o Pete Beatty
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 video on
the Veterans 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.
111 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
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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
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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
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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
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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 Tern Nielsen for his efforts in improving services to veterans
Wished all a belated Happy Easter and Happy Passover
COUNCILMEMBER GOMEZ
March 20
o Attended the Superheroes of Tustin Luncheon
o Attended the Dollars for Scholars fundraising event
March 24
o Attended the last City Council meeting of Mayor Henry C. Gonzalez of South
Gate; provided a Certificate of Recogition from the Tustin City Council honoring
27 years of his service
March 25
o Attended the Police Department Town Hall meeting; thanked the Police
Department
March 26
o Attended the Senior Advisory Board meeting; discussed upcoming projects and
events
o Attended the Santa Ana River Flood Protection Agency meeting
April 1
o Attended the Tustin branch of American Association of University Women
meeting; Dr. Gregory Franklin provided an update on the different STEM
programs in the district
April 2
o Attended the Southern California Edison update; discussed new technology to
save energy
o Attended the Orange County Library Finance and Executive Board meeting to
discuss the budget
City Council and Successor Agency April 7, 2015
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April 3
o Attended the spring brunch at the Senior Center
April 4
o Attended the Easter Egg Hunt
COUNCILMEMBER MURRAY
March 18
o Attended the Association of California Cities of Orange County Board of Directors
meeting
March 19
o Attended the Orange County Fire Authority Board of Directors meeting
Complimented his colleagues for continuing to support initiatives for veteran services
MAYOR PRO TEM NIELSEN
March 4
o Attended the Orange County Sanitation District Operations Committee meeting
March 9
o Attended the Orange County Sanitation District Legislative Committee meeting
March 11
o Attended the Tustin Chamber of Commerce breakfast
March 12
o Attended the Association of California Cities of Orange County new office grand
opening
Attended the Orange County Sanitation District new board member training
March 15
o Attended the Leprechaun Leap
March 16
o Chaired the Association of California Cities of Orange County Energy and
Environment Committee meeting
March 20
o Attended the Superheroes of Tustin Luncheon
City Council and Successor Agency April 7, 2015
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March 22
o Attended the swearing in ceremony for Senator John Moorlach at the Orange
County Rescue Mission
March 25
o Attended the Orange County Sanitation District Steering Committee meeting
March 28
o Attended the Boys and Girls Club dedication ceremony honoring Gary Oustad
April 1
o Attended the Orange County Sanitation District Board of Directors meeting
April 2
o Attended the Southern California Association of Governments Board of Directors
meeting
April 3
o Presented at the Kiwanis Club; provided an update on the City
April 4
111Attended the Easter Egg Hunt
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
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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 Negotiations.
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.
City Council and Successor Agency April 7, 2015
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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.
/ f' Wes/ _A
CHARLES E. PUCKETT, JE' FT'I C. PAKER,
Mayor y l:
City Council and Successor Agency April 7, 2015
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