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Home My WebLink About01 CC AGENDA 6.20.17 CITY OF TUSTIN REGULAR JUNE 20, 2017 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN i 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 CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER — Meeting #2414 ROLL CALL — City Clerk PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION UPDATE — City Attorney David E. Kendig 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: WRITTEN MATERIALS — Materials that are distributed to a majority of the Council members, less than 72 hours prior to the Regular 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. AMERICANS WITH DISABILITIES ACT (ADA) - In compliance with the (ADA), those requiring accommodations for this meeting should notify the City Clerk's Office 72 hours prior to the meeting at (714) 573-3025. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Government Code § 54957] — One Case A.Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATOR [Government Code § 54957.6] - A. Unrepresented employee: City Manager, Jeffrey C. Parker Agency Representatives: David E. Kendig, City Attorney and Derick Yasuda, Director of Human Resources 5. 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, 64, Address/Description 65 (portion of), 66, 67, 68, 69, 70 (portion of) Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties Lincoln Property Company Commercial Under Negotiation Price and Terms of Payment B. Property 434-021-22 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development/Acting Director of Finance Negotiating Parties Jeffrey Axtell, Vice President Acquisitions and Development, Vestar Development Company Under Negotiation Price and Terms of Payment City Council June 20, 2017 Meeting Agenda Page 2 of 8 REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2414 INVOCATION — Mayor Bernstein PLEDGE OF ALLEGIANCE — Councilmember Gomez CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS — o The Golden Hub of Innovation: 2017 Public-Private Partnerships — Orange County Rescue Mission Tustin Veterans Outpost o Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2016 o Orange County Water District ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the Council on matters which are not on this evening's agenda, provided the matter is within the subject matter 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 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council June 20, 2017 Meeting Agenda Page 3 of 8 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 JUNE 6, 2017. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on June 6, 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 amount of $735,391.44; and Demands in the amount of$2,371 ,068.31 . 4. AWARD CONTRACT FOR THE FISCAL YEAR 2016-17 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT CIP 70016 Staff is requesting the City Council award a construction contract to the lowest responsive/responsible bidder for the Fiscal Year (FY) 2016-17 Roadway Rehabilitation and Sidewalk Repair Project CIP 70016. Recommendation: That the City Council award a construction contract to the lowest responsive/responsible bidder, Palp, Inc. dba Excel Paving Company in the amount of $1 ,477,422.51 , for the FY 2016-17 Roadway Rehabilitation and Citywide Sidewalk Repair Project CIP 70016 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 5. APPROVE THE ANNUAL MEASURE M2 ELIGIBILITY SUBMITTAL PACKAGE, FISCAL YEAR 2017-2018 In order to maintain eligibility for funding under the Orange County Measure M2 Program, the City is required to annually submit a compliance package to the Orange County Transportation Authority (OCTA). Recommendation: That the City Council: 1 . Adopt the attached draft Measure M2 Seven -Year Capital Improvement Program (Fiscal Year (FY) 2017-2018 through FY 2023-2024); 2. Approve the City's Resolution for the Circulation Element, Local Signal Synchronization Program (LSSP), Mitigation Fee Program, and Pavement City Council June 20, 2017 Meeting Agenda Page 4 of 8 Management Plan (PMP); and 3. Authorize the Director of Public Works/City Engineer to submit the City of Tustin's Measure M2 eligibility package to OCTA. 6. AWARD CONTRACT FOR THE RED HILL AVENUE WIDENING AND MEDIAN IMPROVEMENTS PROJECT FROM BARRANCA PARKWAY TO EDINGER AVENUE, CIP NOS. 70197, 70226 & 70227 Staff is recommending that the City Council award the construction contract for the Red Hill Avenue Widening and Median Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227 to the lowest responsive / responsible bidder, All American Asphalt. Recommendation: That the City Council award the construction contract for Red Hill Avenue Widening and Median Improvements Project from Barranca Parkway to Edinger Avenue, CIP Nos. 70197, 70226 & 70227 to the lowest responsive/responsible bidder, All American Asphalt, in the amount of $ 7,285,766.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. RENTAL AGREEMENT BETWEEN THE CITY OF TUSTIN AND CORPORATE LIQUIDATION SERVICES FOR A PORTION OF THE BUILDING LOCATED AT 15171 DEL AMO AVENUE Approval is requested for a Five (5) Year Rental Agreement between the City and Corporate Liquidation Services (Tenant), for a City-owned property located at 15171 Del Amo Avenue. Recommendation: That the City Council authorize the City Manager to execute the attached Rental Agreement with Corporate Liquidation Services and support the finding that the Rental Agreement is at market value and no further policy directions, as outlined in Tustin City Code Section 7960(B), are required. 8. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT CORNERSTONE I (DDA) WITH FLIGHT VENTURE LLC (FORMED BY THE AFFILIATES OF LINCOLN PROPERTY COMPANY COMMERCIAL, INC. AND ALCION CAPITAL STRATEGIC III, LLC) First Amendment to the previously approved Disposition and Development Agreement Cornerstone I (DDA) with Flight Venture LLC (formed by the affiliates of Lincoln Property Company Commercial, Inc. and Alcion Capital Strategic III, LLC) for the Flight development at Tustin Legacy. On November 15, 2016, the City Council authorized the City Manager to execute the DDA. At that time, City staff identified that there were a few attachments to the DDA that were not complete and would be brought back to the City Council at a future date for approval. The proposed First Amendment, as further described below, includes City Council June 20, 2017 Meeting Agenda Page 5 of 8 these attachments along with text revisions to the DDA based on comments received from the project lenders for Phase 1 . (The DDA as amended by the First Amendment to the DDA is referred to collectively as the "Amended DDA.") Recommendation: That the City Council: 1 . Approve and authorize the City Manager or his designee to execute the First Amendment to the DDA between Flight Venture LLC and City. 2. Authorize the City Manager or his designee to approve such modifications to the Amended DDA as are both (a) consistent with the objectives of the Amended DDA and (b) recommended by the City's special real estate counsel or the City Attorney, including, but not limited to minor modifications of boundaries set forth in the Attachments to the Amended DDA. 3. Authorize the City Manager or his/her designee to take such other actions, including but not limited to approving and executing related agreements and documents, as are both (a) required by the Amended DDA or necessary to implement the purpose of the Amended DDA, and (b) recommended by the City's special real estate counsel or the City Attorney. 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. AMENDMENT TO THE CITIZEN PARTICIPATION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM The City of Tustin's original Citizen Participation Plan was adopted in November 1995, and most recently amended in September 2016. The Citizen Participation Plan sets forth the City of Tustin's policies and procedures for citizen participation pertaining to all aspects of the development, amendment, and reporting related to the Consolidated Plan for the Community Development Block Grant (CDBG) program. At the City's Council's meeting on April 18, 2017, the City Council directed staff to review the Citizen Participation Plan, specifically with regard to the funding allocation procedure for public service activities. The Council additionally requested that city staff survey surrounding Orange County cities for guidance in drafting an amendment to the Citizen Participation Plan. The proposed City Council June 20, 2017 Meeting Agenda Page 6 of 8 amendment to the Citizen Participation Plan would modify the funding cycle for public service activities from a three-year to a one-year funding cycle. Recommendation: That the City Council adopt Resolution No. 17-22 amending the Citizen Participation Plan for the CDBG program, by modifying the funding cycle for public service activities from a three-year to a one-year funding cycle. RESOLUTION NO. 17-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE AMENDMENT TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 10-11) 10. RESOLUTION NO. 17-01, TUSTIN HOUSING AUTHORITY RESOLUTION NO. 17-29 APPROPRIATING FUNDS FOR VARIOUS CITY AND HOUSING AUTHORITY BUDGETS FOR THE FISCAL YEAR 2017/2018, AND RESOLUTION NO. 17-31 SALARY SCHEDULE The City Council/Commissioners are requested to approve the attached Resolutions adopting the budgets for the City, Tustin Housing Authority, and the Water Enterprise Fund for Fiscal Year 2017/2018. Recommendation: That the City Council: 1 . Adopt Resolution No. 17-29, adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2017/2018, Governmental Funds, $151 ,518,451 ; Special Revenue Funds, $60,617,213; and the Water Enterprise Funds, $36,746,820; 2. Adopt Tustin Housing Authority Resolution No. 17-01 , adopting the Housing Authority budget and appropriating from the anticipated revenues of the Authority for fiscal year 2017/2018, $454,745; and 3. Adopt Resolution No. 17-31 , the City's salary schedule to be in compliance with the California Public Employees' Retirement System (CALPERS) regulation. RESOLUTION NO. 17-29 City Council June 20, 2017 Meeting Agenda Page 7 of 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2017- 2018 TUSTIN HOUSING AUTHORITY RESOLUTION NO. 17-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR 2017-2018 RESOLUTION NO. 17-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN 11. APPROPRIATION LIMIT FOR FISCAL YEAR 2017/2018 Article XIII B of the State Constitution requires each City to annually adopt a limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the proposed budget as presented to the City Council on June 6, 2017. Recommendation: That the City Council: 1 . Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2017/2018 appropriations limit. 2. Adopt Resolution No. 17-30 setting the appropriation limit for Fiscal Year 2017/2018 at $86,379,313. RESOLUTION NO. 17-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2017- 2018 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled on Wednesday, July 5, 2017 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 June 20, 2017 Meeting Agenda Page 8 of 8