The URL can be used to link to this page

Home My WebLink About00 CC AGENDA 2.16.16CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Dr. Allan Bernstein, Mayor Pro Tem Rebecca Gomez, Councilmember Al Murray, Councilmember Charles E. Puckett, Councilmember FEBRUARY 16, 2016 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager John Nielsen, Mayor David E. Kendig, City Attorney Erica N. Rabe, City Clerk Jeffrey C. Parker, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL 67W1111111 :A iv, I CALL TO ORDER — Meeting #2385 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. LIABILITY CLAIMS [Government Code § 54956.95] — Two Cases a. Claim of Roman Kulyk, Claim No. 16-03 b. Claim of Poonsak Zithisakthanakul, Claim No. 16-02 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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — One Case Property 430-371-18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, Address/Description 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 of Economic Development Negotiating Parties OliverMcMillan Tustin Legacy Inc. Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2385 INVOCATION — Councilmember Murray PLEDGE OF ALLEGIANCE — Mayor 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. PRESENTATIONS — Miss Tustin 2016 Contestants City Council February 16, 2016 Meeting Agenda Page 2 of 7 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 1 through 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation: That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL HELD ON FEBRUARY 2, 2016. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 2, 2016. 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 obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $687,820.40 and Demands in the amount of $6,090,285.47. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 5. FIRST AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTATE (ENA) WITH LINCOLN PROPERTY COMPANY COMMERCIAL, INC. City Council February 16, 2016 Meeting Agenda Page 3 of 7 Approval is requested to amend the Exclusive Agreement to Negotiate (ENA) with Lincoln Property Company Commercial, Inc. (Developer) by extending the negotiation schedule through August 28, 2016. Recommendation: Authorize the City Manager to execute the attached First Amendment to the ENA between the City and Lincoln Property Company Commercial, Inc., subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 6. AUTHORIZE A CONSULTANT SERVICES AGREEMENT FOR PROJECT MANAGEMENT AND DESIGN SERVICES FOR THE CORPORATE YARD AND EMERGENCY OPERATIONS CENTER PROJECT In 2012, Griffin Structures, Inc. worked with Public Works staff to analyze the current and future needs of the City's Corporate Yard. The result of this effort was a comprehensive needs assessment. Based on the information collected during that exercise, Griffin Structures, Inc. was tasked with developing and presenting conceptual plans to the City. A concept has been selected and it is now necessary to enter into an agreement for project management and design services. Recommendation: That the City Council authorize staff to enter into a Consultant Services Agreement with Griffin Structures, Inc. for project management and design services for the Corporate Yard and Emergency Operation Center Project. 7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE DETENTION BASIN LANDSCAPING AND WATER QUALITY INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) CONSTRUCTION PROJECT The plans and specifications for the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Construction Project have been prepared and the project is ready to be bid. Recommendation: That the City Council: 1. Adopt Resolution No. 16-07 approving the plans and specifications for the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Construction Project; and 2. Authorize the City Clerk to advertise to receive bids. City Council February 16, 2016 Meeting Agenda Page 4 of 7 RESOLUTION NO. 16-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE DETENTION BASIN LANDSCAPING AND WATER QUALITY INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) CONSTRUCTION PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS 8. ADOPT RESOLUTION NO. 16-08 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2016- 2017 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. 16-08 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2016-2017. Recommendation: That the City Council adopt Resolution No. 16-08 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2016-2017. RESOLUTION NO. 16-08 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 2016-2017 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 9) 9. COMMUNITY DEVELOPMENT BLOCK GRANT 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 urban communities by providing decent housing, suitable living environments, and by expanding economic opportunities, specifically for low and moderate income persons. The City of Tustin's CDBG grant award for the 2016-17 program year is anticipated to be approximately $711,414 based on the prior City Council February 16, 2016 Meeting Agenda Page 5 of 7 year funding allocation provided by the federal Department of Housing and Urban Development (HUD). Pursuant to CDBG program regulations, to carry out the program the City will need to have at least two public hearings. One hearing is conducted during the preparation of the Action Plan and another for the adoption of the Action Plan. This is the first public hearing with the purpose to inform interested citizens about the CDBG program, obtain citizens' views on CDBG priorities, and receive a report on the current year public service activities performances. Recommendation: That the City Council: 1. Hold the first required public hearing to receive public input and testimony; and, 2. Consider public service performance evaluations and approve continued funding. REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 10) 10. FISCAL YEAR 2015-2016 MID -YEAR BUDGET REVIEW The following is staff's review of the City's first seven (7) months of operations under the adopted/amended FY 2015-16 Budget. Revenues and expenditures for each fund were reviewed and adjusted based on the current economic climate and projected expenditures reflect costs to date, service needs, and the timing of when funds would be expended. Recommendation: It is recommended that the City Council approve these supplemental appropriations: 1. Approve a supplemental appropriation of $1,443,787 from the unappropriated reserves of the General Fund for expenditures associated with the various Memorandums of Understanding; 2. Approve a supplemental appropriation of $148,359 from the unappropriated reserves of the CDBG Fund for expenditures associated with downtown commercial core/old town study and Frontier Park playground renovation; City Council February 16, 2016 Meeting Agenda Page 6 of 7 3. Approve a supplemental appropriation of $160,300 from the unappropriated reserves of the Asset Forfeiture Fund for transfer of funds to the RNSP Asset Forfeiture and Treasury RNSP Asset Forfeiture Funds; 4. Approve a supplemental appropriation of $6,400 from the unappropriated reserves of the Supplemental Law Enforcement Fund for expenditures associated with the various Memorandums of Understanding; 5. Approve a supplemental appropriation of $12,300 from the unappropriated reserves of the Information Technology Fund for expenditures associated with the various Memorandums of Understanding; and 6. Approve a supplemental appropriation of $38,300 from the unappropriated reserves of the Community Facilities District 04-1 and 13- 1 Funds for administrative costs. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, March 1, 2016 for the Special Meeting to conduct Commission interviews at 4:00 p.m. followed by 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 February 16, 2016 Meeting Agenda Page 7 of 7