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Home My WebLink About00 CC AGENDA 2.21.17 CITY OF TUSTIN REGULAR FEBRUARY 21, 2017 MEETING OF THE CITY COUNCIL COMMUNITY CENTER 300 CENTENNIAL WAY, TUSTIN Al Murray, Mayor Pro Tem Jeffrey C. Parker, City Manager Rebecca Gomez, Councilmember Dr. Allan Bernstein, Mayor David E. Kendig, City Attorney Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, Councilmember Jeffrey C. Parker, City Treasurer SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL 6:30 P.M. CALL TO ORDER— Meeting #2406 ROLL CALL — City Clerk 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] — (1 case) 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. A. Property A portion of lots 19, KKK, and LLL of Tract No. Address/Description 17404 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties Michael Battaglia, CalAtlantic Group, Inc. Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL 7:00 P.M. CALL TO ORDER— Meeting #2406 INVOCATION — Mayor Pro Tem Murray PLEDGE OF ALLEGIANCE — Councilmember Gomez CLOSED SESSION REPORT— City Attorney David E. Kendig PRESENTATIONS — ■ Hetty Nihom's 90th Birthday ■ Boys and Girls Club 50th Anniversary 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. 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 9) City Council February 21, 2017 Meeting Agenda Page 2 of 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 HELD ON FEBRUARY 7, 2017. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on February 7, 2017. 3. RATIFICATION OF PAYROLL AND DEMANDS 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: That the City Council approve Payroll in the amounts of $670,642.07 and $697,510.16; and Demands in the amount of$5,101,921.18. 4. AGREEMENT FOR TRANSFER OF OWNERSHIP OF A POLICE SERVICE DOG Officer Rene Barraza will be rotating out of the Canine Program into the Patrol Division, effective shift change February 21, 2017. Police Service Dog (PSD) Bravo will be retired from active service. Bravo is an 8-year-old Belgian Malinois and has served as a Tustin Police Canine for six years. Based on the unique bond between canine and handler, Officer Barraza, has agreed to accept ownership of Bravo. The Agreement for Transfer of Ownership of a Police Service Canine has been reviewed and approved as to form by the City Attorney. Recommendation: Approve the Agreement for Transfer of Ownership for a Police Services Dog between the City of Tustin and Officer Rene Barraza so that Bravo can live out the remainder of his days with the Barraza family. 5. ADOPT RESOLUTION NO. 17-04 ORDERING THE PREPARATION OF THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2017- 2018 State law requires an engineering analysis each year to identify property City Council February 21, 2017 Meeting Agenda Page 3 of 6 benefits and to levy assessments in the Tustin Landscape and Lighting District. Resolution No. 17-04 orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2017-2018. Recommendation: That the City Council adopt Resolution No. 17-04 ordering the preparation of the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual Assessments for Fiscal Year 2017-2018. RESOLUTION NO. 17-04 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 2017-2018 6. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 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. 7. EXCLUSIVE NEGOTIATION AGREEMENT WITH SCHOOLSFIRST FEDERAL CREDIT UNION City Council approval is requested to enter into an Exclusive Negotiation Agreement (ENA) with SchoolsFirst Federal Credit Union ("SchoolsFirst"). Recommendation: That the City Council authorize the City Manager to enter into an Exclusive Negotiation Agreement By and Between the City of Tustin and SchoolsFirst Federal Credit Union. 8. DISPOSITION PACKAGE 6113 (LOT 19) - TUSTIN LEGACY EXCLUSIVE NEGOTIATION AGREEMENT Request for authorization to enter into an Exclusive Negotiation Agreement (ENA) with CalAtlantic Group, Inc. (Developer) for the disposition and development of Disposition Package 6B (Lot 19) in Tustin Legacy for the development of for-sale residential units. Recommendation: Authorize the City Manager to execute the Exclusive Negotiation Agreement between the City of Tustin and the Developer. City Council February 21, 2017 Meeting Agenda Page 4 of 6 9. AWARD CONTRACT FOR THE MOFFETT DRIVE BRIDGE AND ROADWAY CONSTRUCTION PROJECT, CIP NO. 70224 Staff is recommending that the City Council award the construction contract for the Moffett Drive Bridge and Roadway Construction Project, CIP No. 70224 to the lowest responsive/responsible bidder, USS Cal Builders, Inc. Recommendation: That the City Council: 1. Deny the bid protest submitted by SEMA Construction, Inc.; 2. Award the construction contract for Moffett Drive Bridge and Roadway Construction Project, CIP No. 70224 to the lowest responsive/responsible bidder, USS Cal Builders, Inc., in the amount of $5,732,024.04 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 3. Appropriate $332,624 from the Capital Improvement Program - General Fund (Fund 200) and $867,376 from the MCAS Tax Allocation Bonds Fund (Fund 561). REGULAR BUSINESS ITEM Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Item 10) 10. FISCAL YEAR 2016-2017 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 2016-17 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: That the City Council: approve these supplemental appropriations: 1. Approve a supplemental appropriation of $143,911 from the unappropriated reserves of the CDBG Fund for the Peppertree Park lighting project; 2. Approve a supplemental appropriation of $4,487 from the unappropriated City Council February 21, 2017 Meeting Agenda Page 5 of 6 reserves of the Workers' Compensation Fund for expenditures associated with insurance premiums; 3. Approve a supplemental appropriation of $51,512 from the unappropriated reserves of the Liability Fund for expenditures associated with insurance premiums; 4. Approve a supplemental appropriation of $39,619 from the unappropriated reserves of the Tustin Housing Authority Fund for expenditures associated with closing costs for the sale of two affordable properties; and 5. Adopt Resolution No. 17-06, Compensation and Benefits for unrepresented Executive Management and Management employees. RESOLUTION NO. 17-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 16-38 OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting scheduled is on Tuesday, March 7, 2017 for the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m. in the Community Center, 300 Centennial Way, Tustin, California. City Council February 21, 2017 Meeting Agenda Page 6 of 6