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Home My WebLink About00 CC AGENDA 10-4-16CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY Dr. Allan Bernstein, Mayor Pro Tem Rebecca Gomez, Councilmember John Nielsen, Mayor Al Murray, Councilmember Charles E. Puckett, Councilmember OCTOBER 4, 2016 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jeffrey C. Parker, City Manager David E. Kendig, City Attorney Erica N. Rabe, City Clerk Jeffrey C. Parker, City Treasurer CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 67W11111110 iy� I CALL TO ORDER — Meeting #2398 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 — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 cases) 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — (2 cases) A. Property 430-271-41, 42, 43, 44, 45, 46, 47, 60, 61, 62, 63, 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. Address/Description 64, 65 (portion of), 66, 67, 68, 69, 70 (portion of) Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Director of Economic Development Negotiating Parties Lincoln Property Company Commercial Under Negotiation Price and Terms of Payment B. Property 430-391-12, 430-391-09, 430-381-41, 430-381-43, Address/Description 430-381-75 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 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (2 cases) A. Title: City Manager B. Title: City Attorney REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY CALL TO ORDER — Meeting #2398 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion 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. City Council October 4, 2016 Meeting Agenda Page 2 of 6 PRESENTATIONS — o 2016 Boys State Program o Fire Prevention Week: Orange County Fire Authority 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 6) 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 AND TUSTIN HOUSING AUTHORITY HELD ON SEPTEMBER 20, 2016 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council and Tustin Housing Authority held on September 20, 2016. 3. RATIFICATION 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 amounts of $711,760.09; and Demands in the amount of $4,708,924.61. 4. AWARD OF CONTRACT FOR THE COUNCIL CHAMBER RENOVATIONS CONSTRUCTION PROJECT CIP NO. 10075 On September 20, 2016, bids were opened for the Council Chamber Renovations Project (CIP No. 10075). Staff requests that the City Council award the contract to TBC Contractors, Inc., the lowest responsive and responsible bidder. City Council October 4, 2016 Meeting Agenda Page 3 of 6 Recommendation: That the City Council award the construction contract for the Council Chamber Renovations Project (CIP No. 10075) to the lowest responsive/responsible bidder, TBC Contractors Inc. and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City. 5. AWARD CONTRACT FOR THE VICTORY ROAD EXTENSION ROADWAY CONSTRUCTION PROJECT, CIP NO. 70221 Staff is recommending that the City Council award the construction contract for the Victory Road Extension Roadway Construction Project, CIP No. 70221 to the lowest responsive/responsible bidder, KEC Engineering. Recommendation: That the City Council: 1. Deny the bid protest submitted by Sukut Construction, LLC; 2. Award the construction contract for Victory Road Extension Roadway construction Project, CIP No. 70221 to the lowest responsive/responsible bidder, KEC Engineering, in the amount of $ 4,667,473.62 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3. Appropriate $753,973 from Community Facilities District 14-1 (Fund 443) and $619,714 from the Capital Improvement Program—General Fund (Fund 200). 6. DESTRUCTION OF RECORDS — POLICE DEPARTMENT Government Code Section 34090 and the City of Tustin Records Retention Schedule (Resolution No. 01-91) permit the destruction of records which meet certain criteria with the approval of the City Council by resolution and the written consent of the City Attorney. Penal Code Section 832.5 requires the Police Department to retain certain reports and records relating to administrative investigations for a period of at least five years before being disposed of in accordance with Government Code Section 34090. Recommendation: That the City Council Adopt Resolution No. 16-53 authorizing the destruction of police records no longer required in possession of the Tustin Police Department. RESOLUTION NO. 16-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE TUSTIN POLICE DEPARTMENT THAT ARE NO LONGER REQUIRED FOR TUSTIN POLICE DEPARTMENT BUSINESS PURSUANT TO GOVERNMENT CODE SECTION 34090 AND THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE City Council October 4, 2016 Meeting Agenda Page 4 of 6 REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 7-9) 7. WATER CONSERVATION UPDATE — AUGUST 2016 As a result of the drought, the City of Tustin is required to provide the State Water Resources Control Board with a monthly report regarding water consumption and restrictions. This report summarizes the information provided to the State for the month of August 2016 and provides the City Council and the public with general information on previous and upcoming actions taken by the City. Recommendation: That the City Council receive and file this report. 8. PARKING ON NEWPORT AVENUE SOUTH OF SYCAMORE AVENUE After the adoption of Ordinance No. 1468 to establish preferential permit only parking on Carfax Drive, Charloma Drive, Del Amo Avenue, Drayton Avenue and Mear Lane, the City Council directed staff to explore options to increase on -street parking in this neighborhood. Staff has identified an improvement involving head -in parking on both sides of Newport Avenue south of Sycamore Avenue, which increases the available on -street parking from 65 to 167 spaces. Recommendation: That the City Council: 1. Approve the project concept for head -in parking on both sides of Newport Avenue south of Sycamore Avenue; and 2. Authorize staff to send a letter of concurrence to the Orange County Transportation Authority accepting their conditions of approval prior to project implementation. 9. SECOND AMENDMENT TO EXCLUSIVE AGREEMENT TO NEGOTIATE (ENA) WITH LINCOLN PROPERTY COMPANY COMMERCIAL, INC. Approval is requested to amend the First Amendment to Exclusive Agreement to Negotiate (ENA) with Lincoln Property Company Commercial, Inc. (Developer) by extending the negotiation schedule through November 15, 2016. Recommendation: That the City Council Authorize the City Manager to execute the attached Second Amendment to ENA between the City and Lincoln Property Company Commercial, Inc., subject to any non -substantive City Council October 4, 2016 Meeting Agenda Page 5 of 6 modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, October 18, 2016 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 October 4, 2016 Meeting Agenda Page 6 of 6