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Home My WebLink About00 CC AGENDA 2.6.18 CITY OF TUSTIN REGULAR FEBRUARY 6, 2018 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND TUSTIN HOUSING AUTHORITY 300 CENTENNIAL WAY, TUSTIN Rebecca Gomez, Mayor Pro Tem Jeffrey C. Parker, City Manager/ Dr. Allan Bernstein, Councilmember Al Murray, Mayor City Treasurer Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk Letitia Clark, Councilmember David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 5:30 P.M. CALL TO ORDER — Meeting #2427 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: 1 . CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (Two Cases) 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. 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation of litigation pursuant to Government Code § 54956.9(d)(4): (Two Cases) 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (One Case) A. Property 1345 Sun Dial Drive, Tustin; APN 933-582-19 Address/Description Agency Tustin Housing Authority City Negotiators Jeffrey C. Parker, Executive Director; Jerry Craig, Deputy Director of Economic Development Negotiating Parties An Truong and Vangie Tran Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2427 INVOCATION - Father Bao, St. Cecilia Church PLEDGE OF ALLEGIANCE — Councilmember Clark CLOSED SESSION REPORT — City Attorney David E. Kendig 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 10) City Council February 6, 2018 Meeting Agenda Page 2 of 7 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 JANUARY 16, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on January 16, 2018. 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 $702,394.24; and Demands in the amount of$4,583,507.48. 4. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2017 YEAR IN REVIEW Throughout the year, staff provides the City Council with a status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved; major improvement projects; and other items of interest. The Community Development Department's 2017 Year in Review summarizes the Community Development Department's activities throughout 2017 including discretionary permits processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, Code Enforcement activities, and Building Division activities. Recommendation: That the City Council receive and file the report. 5. ADOPT RESOLUTION NO. 18-03 DESIGNATING THE CITY'S AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE APPLICATIONS The California Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA) requires a current City resolution on file to process state and federal disaster assistance claims. Recommendation: That the City Council Adopt Resolution No. 18-03 designating the City Manager, the Finance Director and the Public Works Director City Council February 6, 2018 Meeting Agenda Page 3 of 7 as the City's authorized agents for state and federal disaster assistance applications. RESOLUTION 18-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DESIGNATING THE CITY'S AUTHORIZED AGENTS FOR STATE AND FEDERAL DISASTER ASSISTANCE APPLICATIONS 6. DATA 911 MOBILE DATA COMPUTER DONATION TO SIGNAL HILL PD The Police Department recently replaced outdated Data 911 Mobile Data Computers from all of our police vehicles. The devices have no monetary value as they are at the end of their lifecycle, and are no longer supported by the manufacturer. The City of Signal Hill Police Department has requested use of our old Data 911 computers to use as parts for their current system. Recommendation: That the City Council authorize the transfer of surplus Data 911 equipment to the City of Signal Hill Police Department. 7. SECOND AMENDMENT TO THE REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR COVENTRY COURT The Tustin Housing Authority ("Authority") is seeking authorization for an amendment to the Regulatory Agreement and Declaration of Restrictive Covenants for Coventry Court. Recommendation: 1 . That the City Council approve and authorize the City Manager, or his designee, to execute the Second Amendment to the Regulatory Agreement and Declaration of Restrictive Covenants; and 2. The Tustin Housing Authority Commission approve and authorize the Executive Director, or his designee, to execute the Second Amendment to the Regulatory Agreement and Declaration of Restrictive Covenants. 8. AWARD CONTRACT FOR THE PETERS CANYON CHANNEL IMPROVEMENTS CONSTRUCTION PROJECT, CIP NO. 50040 Staff is recommending that the City Council award the construction contract for the Peters Canyon Channel Improvements Construction Project, CIP No. 50040 to the lowest responsive/responsible bidder, KEC Engineering. Recommendation: That the City Council award the construction contract for the Peters Canyon Channel Improvements Construction Project, CIP No. 50040 to the lowest responsive/responsible bidder, KEC Engineering, in the amount of $12,843,929.90 and authorize the Mayor and the City Clerk to execute the City Council February 6, 2018 Meeting Agenda Page 4 of 7 contract documents on behalf of the City. The engineer's estimate was $16,100,000.00. 9. ADOPT RESOLUTION NO. 18-07 TO ACCEPT IMPROVEMENTS FOR THE DETENTION BASIN LANDSCAPING AND WATER QUALITY INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) SEGMENT 1 AND 2 CONSTRUCTION PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Segment 1 and 2 Construction Project has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: That the City Council: 1 . Adopt Resolution No. 18-07 accepting the construction of the Detention Basin Landscaping and Water Quality Installation (CIP No. 50038) and Tustin Legacy Linear Park Improvements (CIP No. 20077) Segment 1 and 2 Construction Project; and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 18-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE DETENTION BASIN LANDSCAPING AND WATER QUALITY INSTALLATION (CIP NO. 50038) AND TUSTIN LEGACY LINEAR PARK IMPROVEMENTS (CIP NO. 20077) SEGMENT 1 AND 2 CONSTRUCTION PROJECT 10. ADOPT RESOLUTION NO. 18-08 TO ACCEPT IMPROVEMENTS FOR THE FY 2016-17 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP 70016) Construction of the Fiscal Year (FY) 2016-17 Roadway Rehabilitation and Sidewalk Repair Project (CIP 70016) has been completed to the satisfaction of the City Engineer and the project is now ready for City Council acceptance. Recommendation: That the City Council: 1 . Adopt Resolution No. 18-08 accepting the construction of the FY 2016-17 Roadway Rehabilitation and Sidewalk Repair Project (CIP 70016); and City Council February 6, 2018 Meeting Agenda Page 5 of 7 2. Authorize the City Engineer to execute and file the Notice of Completion with the County Recorder's Office. RESOLUTION NO. 18-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE FY 2016-17 ROADWAY REHABILITATION AND SIDEWALK REPAIR PROJECT (CIP 70016) REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 11-13) 11. AUTHORIZATION TO SELL THE CITY OF TUSTIN-OWNED HOME AT 1345 SUN DIAL DRIVE The Tustin Housing Authority is seeking authorization to sell 1345 Sun Dial Drive to An Truong and Vangie Tran. Recommendation: That the Tustin Housing Authority Commission: 1 . Approve the sale of the City of Tustin-owned home at 1345 Sun Dial Drive, located in the Tustin Field II development; and 2. Recommend the City Council take the necessary steps to authorize the transaction. That the City Council: 1 . Approve the California Residential Purchase Agreement and Joint Escrow Instructions ("Purchase Agreement") for the sale of the City-owned home at 1345 Sun Dial Drive, located in the Tustin Field II development; and 2. Authorize the City Manager to negotiate terms as deemed necessary by the City Manager to conclude the transaction; and 3. Authorize the City Manager to execute all transaction documents, including the Purchase Agreement. 12. DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH CALATLANTIC GROUP, INC., FOR DISPOSITION PACKAGE 6B (LOT 19) AT TUSTIN LEGACY City Council February 6, 2018 Meeting Agenda Page 6 of 7 Request for authorization to approve the DDA between CalAtlantic Group, Inc. (Developer) and the City for the development of the Levity for-sale residential community consisting of 218 homes on approximately 14.5 net acres. The DDA specifies the terms and conditions under which the City owned property, known as Disposition Package 6B (Lot 19), will be conveyed and developed by CalAtlantic Group, Inc. The purpose of the DDA is to implement the Reuse Plan for MCAS Tustin and the Specific Plan for Tustin Legacy through the development and maintenance of the property. Recommendation: That the City Council authorize the City Manager to execute the DDA between the Developer and the City subject to non-substantive modifications as may be deemed necessary and/or recommended by the City's special real estate counsel or the City Attorney. 13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1489 Ordinance No. 1489 amends the Tustin City Code by approving Development Agreement 2017-001 to facilitate the development and conveyance of an approximate 20-acre site within the boundaries of the Tustin Legacy Specific Plan. Recommendation: That the City Council have second reading by title only and adoption of Ordinance No. 1489. ORDINANCE NO. 1489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DEVELOPMENT AGREEMENT (DA) 2017-001 BETWEEN THE CITY OF TUSTIN AND THE CALATLANTIC INC. TO FACILITATE THE DEVELOPMENT OF 218 HOMES WITHIN NEIGHBORHOOD G OF THE MCAS TUSTIN SPECIFIC PLAN OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT—The next meeting is scheduled on Tuesday, February 20, 2018 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 February 6, 2018 Meeting Agenda Page 7 of 7