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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 at 6:41 p.m.
ROLL CALL — City Clerk Erica N. Rabe reflected in the record that all members were in
attendance
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 — 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)
A. Property T portion of lots 19, KKK, and LLL of Tract No._
City Council
Meeting Minutes
February 21, 2017
Page 1 of 11
Address/Description
Agency
City Negotiators
Negotiating Parties
Under Negotiation
Recessed at 6:42 p.m.
17404
City of Tustin
Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development/Acting Director
of Finance
Michael Battaglia, CalAtlantic Group, Inc.
Price and Terms of Payment _
REGULAR MEETING OF THE CITY COUNCIL
7:00 P.M.
CALL TO ORDER — Meeting #2406 at 7:19 p.m.
INVOCATION — Mayor Pro Tem Murray
PLEDGE OF ALLEGIANCE — Councilmember Gomez
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council took no
reportable action and will reconvene following the Regular Meeting.
PRESENTATIONS —
Mayor Bernstein presented a Proclamation to Hetty Nihom in honor of her 90th Birthday.
Mayor Bernstein presented a Certificate of Recognition to the Tustin Boys and Girls Club
in honor of their 50th Anniversary. Ricky Shane Jr. provided a presentation regarding his
experience at the Tustin Boys and Girls Club.
ORAL COMMUNICATION/PUBLIC INPUT —
1. Deborah Webber, Foothill Regional Medical Center
CONSENT CALENDAR ITEMS 1-9
It was moved by Mayor Pro Tem Murray and seconded by Councilmember Puckett to pull
City Council February 21, 2017
Meeting Minutes Page 2 of 11
Items 4 and 8 and move the balance as recommended by staff.
Motion carried 5-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Motion: 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.
Motion: 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.
Motion: 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.
Chief Celano provided a presentation in recognition of Officer Barraza and
Bravo.
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Puckett to 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.
City Council February 21, 2017
Meeting Minutes Page 3 of 11
Motion carried: 5-0
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
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.
Motion: 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.
Motion: 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").
Motion: 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 613 (LOT 19) - TUSTIN LEGACY EXCLUSIVE
NEGOTIATION AGREEMENT
City Council February 21, 2017
Meeting Minutes Page 4 of 11
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.
Councilmember Gomez noted that she pulled the item to ensure quality is not
sacrificed for speed on this project.
It was moved by Councilmember Gomez and seconded by Councilmember
Puckett to authorize the City Manager to execute the Exclusive Negotiation
Agreement between the City of Tustin and the Developer.
Motion carried: 4-1 (Councilmember Gomez dissented)
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.
Motion: 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 10
10. FISCAL YEAR 2016-2017 MID -YEAR BUDGET REVIEW
The following is staffs 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.
City Council February 21, 2017
Meeting Minutes Page 5 of 11
Deputy Director of Finance Sean Tran provided a PowerPoint presentation.
City Manager Jeffrey C. Parker provided a verbal presentation regarding the
City's two-year budget:
o City Manager Parker stated that revenue is better than anticipated and
expenditures went up during the same time period. Regarding
operations, the City Council was able to take on additional projects in the
amount of $3.4 million due to the strong economic situation that the City
placed itself in. The development at the Legacy continues and this is
critical time to move forward with appropriate development and the value
of being able to sell land to create projects that we want to achieve in the
community, which puts us in a strong financial situation moving forward.
Regarding the ongoing pension issue, CalPERS lowered its investment
policy rate which will allow for the pension system to be available in the
long term, however in the short term, there will be increased costs to
participating government agencies. In future years, we'll need to find
additional revenue sources such as leasing land at the Legacy.
o in terms of management positions, we'll look at adding positions to assist
with the additional workload with projects. A Communications Manager
position will be added to assist with communicating more with the public.
o Provided an update regarding a recent publication that indicated that the
City of Irvine is the best financial situation for a city with a population of
200,000. The City of Tustin's population is 80,000 and based on the
matrix utilized for the survey, the City of Tustin would be number one if
we were ranked in that survey with a population of 200,000. The team is
very proud of this accomplishment. However, the City's debt to revenue
ratio is higher than Irvine.
o Further, pensions in relations to the revenue ratio were up 2% which is
the lowest in the County. Moving forward we're in great shape, however
we need to be cautious.
It was moved by Mayor Pro Tem Murray and seconded by Councilmember
Puckett to:
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
reserves of the Workers' Compensation Fund for expenditures
associated with insurance premiums;
3. Approve a supplemental appropriation of $51,512 from the
City Council February 21, 2017
Meeting Minutes Page 6 of 11
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.
Motion carried:5-0
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
Councilmember Puckett
February 8
Attended the Tustin Chamber of Commerce Breakfast; congratulated Chief Charles F.
Celano on a wonderful Officer of the Month presentation.
February 9
Attended the Transportation Corridor Agencies Ad Hoc Committee meeting.
February 10
Attended the Community Foundation of Orange Gala at Chapman University.
Februaiy 11
Attended the Exchange Club of Tustin Bingo Bash Fundraiser; announced the Exchange
Club of Tustin has done a phenomenal job raising funds for the Veterans Outpost;
Exchange Club of Tustin President, Randi Bernstein has done a great job with the
Exchange Club members and their fundraisers.
February 15
Attended the Orange County Sanitation District tour.
February 16
o Attended the Orange County Business Council Government Leaders Prayer
Breakfast.
o Attended the Transportation Corridor Agencies Committee meeting.
City Council February 21, 2017
Meeting Minutes Page 7 of 11
o Attended the Orange County Business Council Installation Dinner.
February 17 3
Attended the Orange County Fire Authority Best and Bravest Awards Banquet;
congratulated Firefighter of the Year: Battalion 2 Firefighter Ryan Higgins.
February 19
Attended the Exchange Club of Tustin, Veterans Outpost BBQ; kudos to the Exchange
Club of Tustin on a great event.
Councilmember Gomez
February 8
Attended the Tustin Chamber of Commerce Breakfast; featured speaker was Eric H.
Woolery, CPA with Orange County Auditor Controller; presented an overview of Orange
County's finances; congratulated Tustin Officer of the Month, Officer Javon Smith.
February 10
Attended the Orange County Senior Advisory Council meeting which was held in Tustin;
Community Services Commissioner, Amy Nakamoto and Bingo Chair, Betty Peterson
were honored for their contributions at the Tustin Area Senior Center; Tracy Hall, Director
of Volunteer Services, provided a presentation on SeniorSery Care circles.
February 15
Attended Every Student Succeeding Breakfast hosted by the Tustin School Management
Association; breakfast was held to honor one student from each of the schools in Tustin
that has excelled in school despite physical, social or emotional challenges.
February 16
Met with the consultant from the Tustin Senior Center Needs Assessment; which was
approved by Council; a general public session for the assessment will be held Thursday,
February 23, 2017 from 9:00 a.m. to 12:00 p.m. at the Tustin Area Senior Center; if
interested in attending please RSVP to the Tustin Area Senior Center at (714) 573-3340.
Congratulated Foothill Regional Medical Center which will be holding their Ribbon Cutting
Ceremony on Saturday, February 25th; company has worked diligently to re -open the
facility and the Emergency Department; looking forward to having them in Tustin.
Expressed condolences for her hometown, the City of Whittier, their Police Department,
and community on the tragic loss of their Police Officer Keith Boyer.
Councilmember Clark
February 8
o Attended the Tustin Chamber of Commerce Breakfast.
o Was honored to be a guest speaker at Trinity Law School to a group of second and
third year law students who want to pursue a career in public service.
City Council February 21, 2017
Meeting Minutes Page 8 of 11
February 9
o Attended the Orange County Mosquito and Vector Control Board meeting; received
the 2017 Strategic Plan to conduct outreach in the high risk areas — which are the
nine cities in Orange County that are in high risk of mosquito -borne diseases.
o Attended Jasper Plum Ribbon Cutting Ceremony at the Tustin District.
February 14
Met with the Director of Economic Development John Buchanan and his staff; received a
thorough overview of current projects and updates about potential ideas for economic
development in Tustin; thanked the Economic Development staff for hosting a great
meeting; will be meeting with all city departments in the near future.
February 15
Attended the opening of Heroes Hall; a year round exhibit at the Orange County Fair
Grounds that focuses on an aspect of the personal stories and experience of Veterans.
February 16
Attended the Orange County Business Council's Annual Installation Dinner.
February 17
Attended the Orange County Fire Authority
award recipients and Firefighter of the Year:
Best and Bravest Awards; congratulated the
Battalion 2 Firefighter Ryan Higgins.
February 19
Hosted a women's leadership luncheon on behalf of Lean In Orange County where
encouragement is given to women to aspire to hold leadership positions in their careers
and in their communities.
Offered condolences and prayers to the friends and family of Whittier Police Officer Keith
Boyer.
Mayor Pro T em Murrav
February 8
o Attended the Tustin Chamber of Commerce Breakfast; congratulated Tustin Officer
of the Month, Officer Javon Smith; informative presentation by Eric H. Woolery,
CPA with Orange County Auditor Controller.
o Attended the Orange County Fire Authority Budget and Finance meeting.
February 9
o Attended the Orange County Transportation Authority Transit Committee meeting.
o Attended the Association of California Cities of Orange County Infrastructure and
Technology meeting.
February 10
Attended the Orange County Senior Advisory Council meeting which was held in Tustin;
City Council February 21, 2017
Meeting Minutes Page 9 of 11
Community Services Commissioner, Amy Nakamoto and Bingo Chair, Betty Peterson
were honored for their contributions at the Tustin Area Senior Center. 3
February 13
o Attended the Orange County Transportation Authority Board meeting.
o Attended the Orange County Transportation Authority Special Executive Committee
meeting.
February 21
Attended the Association of California Cities of Orange County Water Committee meeting.
Thanked city staff, Public Works Department, and Tustin Police Department for their great
work of moving trees and controlling traffic during the rain storms.
Offered condolences and prayers to the friends and family of Whittier Police Officer Keith
Boyer; requested the City Council Meeting be adjourned in memory of Officer Boyer.
Mayor Bernstein
February 8
Attended the Local Agency Formation Commissions Commission meeting.
February 17
Attended the Orange County Fire Authority Best and Bravest Awards; was a wonderful
event; congratulated Firefighter of the Year: Battalion 2 Firefighter Ryan Higgins;
congratulated all who were nominated for an award; thanked OCFA staff for their hard
work and dedication.
February 19
Attended the Exchange Club of Tustin, Veterans Outpost BBQ; kudos to the Exchange
Club of Tustin on a great event; club members and veterans have a great relationship,
nice to see everyone interacting with each other; encouraged everyone to visit the
Exchange Club of Tustin website and if interested, to get involved.
February 21
Attended the Association of California Cities of Orange County Water Committee meeting.
Closed Council Meeting in honor and memory of Whittier Police Officer Keith Boyer.
Recessed to Closed Session at 8:15 p.m.
Reconvened in Open Session at 8:55 p.m.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council took no
reportable action.
City Council February 21, 2017
Meeting Minutes Page 10 of 11
ADJOURNED IN MEMORY OF
WHITTIER POLICE OFFICER KEITH BOYER
ADJOURNED at 8:56 p.m. 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.
DR. ALLAN BERNSTEIN,
Mayor
City Council
Meeting Minutes
ERICA N. RABE,
City Clerk
February 21, 2017
Page 11 of 11