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Home My WebLink About00 CC AGENDA 11.20.18CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL Rebecca Gomez, Mayor Pro Tem Dr. Allan Bernstein, Councilmember Charles E. Puckett, Councilmember Letitia Clark, Councilmember NOVEMBER 20, 2018 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN .tom Jeffrey C. Parker, City Manager/ Al Murray, Mayor City Treasurer Erica N. Yasuda, City Clerk David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2444 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: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (2 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): (2 cases) 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Government Code § 54956.9(a)] — (1 case) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE 4. LIABILITY CLAIMS - [Government Code § 54956.95] — (3 cases) A. Claim 18-18, Claim of Jamie Calderon Lazcano B. Claim 18-20, Claim of Fairlene Reid C. Claim 18-25, Claim of Herman Ng 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property 430-251-28, and a portion of Parcel 1 in Book 7542, Page 974, Address/Description Official Records Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & Jerry Craig, Economic Development & Housing Manager Negotiating Parties SchoolsFirst Federal Credit Union, Bill Cheney, President/CEO Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE TUSTIN CITY COUNCIL 7:00 P.M. CALL TO ORDER — Meeting #2444 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — Tustin Police Department Honor Guard PRESENTATION — Recognition of Police Chief Charles F. Celano, Jr. City Council Meeting Agenda November 20, 2018 Page 2 of 7 1 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 9) 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 — SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 1, 2018 AND THE REGULAR MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 6, 2018. Recommendation: That the City Council approve the Action Minutes of the Special Closed Session Meeting of the City Council held on November 1, 2018 and the Regular Meeting of the City Council held on November 6, 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: It is recommended that the City Council approve Payroll in the amount of $815,316.43; and Demands in the amount of $4,147,018.47. 4. AUTHORIZE USE OF THE COUNTY OF ORANGE'S COOPERATIVE PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY DEVICES CIP 50036 Staff is requesting City Council authorization to use the County of Orange's Cooperative Purchasing Program to purchase and install water quality devices City Council Meeting Agenda November 20, 2018 Page 3 of 7 I for Phase 6 of the Citywide Catch Basin BMP's Project CIP 50036, pursuant to Tustin City Code Section 1625c. Recommendation: It is recommended that the City Council adopt Resolution No. 18-79 authorizing the City of Tustin to use the County of Orange's Cooperative Purchasing Program, consistent with the effective date of Ordinance No. 1438 and the amended Tustin City Code Section 1625c, to contract with United Storm Water, Inc. to purchase and install water quality devices at various locations throughout the City for Phase 6 of the Citywide Installation of Catch Basin BMP's Project CIP 50036. RESOLUTION NO. 18-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE USE OF THE COUNTY OF ORANGE'S COOPERATIVE PURCHASING PROGRAM TO PURCHASE AND INSTALL WATER QUALITY DEVICES FOR THE CITYWIDE CATCH BASIN BMP'S PROJECT CIP 50036 5. FOURTH AMENDMENT TO OCFA JOINT POWERS AUTHORITY AGREEMENT This item is submitted to request approval of the Orange County Fire Authority's Fourth Amendment to the Amended Joint Powers Authority (JPA) Agreement to formalize the OCFA's commitment to its "snowball" accelerated pension liability pay down plan. Recommendation: It is recommended that the City Council approve and direct the Mayor to execute the submitted Fourth Amendment to the Amended Orange County Fire Authority JPA Agreement (Attachment). 6. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORT This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the second quarter of 2018. The average noise level measured at Tustin's monitoring station (NMS 1 ON), located at Columbus Tustin Middle School on Beneta Way (Figure 1), remained fairly consistent with prior quarters during this second quarter reporting period. Average noise levels during the second quarter continued to remain well below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: That the City Council receive and file this report. 7. AWARD OF BID FOR THE CLIFTON C. MILLER COMMUNITY CENTER AUDITORIUM RENOVATION (CIP NO. 20079) The bid opening for the Clifton C. Miller Community Center Auditorium Renovation project was held on November 6, 2018. The Auditorium Renovation City Council November 20, 2018 Meeting Agenda Page 4 of 7 was identified by the Community Services Commission as the next project to be completed on their seven-year Capital Improvement Project priority list. Recommendation: It is recommended that the City Council award the construction contract to KG Axis Inc. of Irvine, California, in the amount of $283,400.00 subject to the approval of contract requirements by the City Attorney and final execution of the contract. 8. CANCELLATION OF THE JANUARY 2, 2019 CITY COUNCIL MEETING Due to a lack of quorum, staff recommends cancellation of the January 2, 2019 City Council meeting. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting on January 2, 2019. The City Council hereby waives notice of said meeting as required by Government Code §54954. 9. SALARY RESOLUTION FOR UNREPRESENTED PART-TIME NON - BENEFITTED EMPLOYEES Adoption of the attached Resolution will adjust the compensation of unrepresented Part -Time Non -Benefitted employees and ensure compliance with state law. Recommendation: It is recommended that the City Council adopt Resolution No. 18-87 amending the City's Classification and Compensation Plan for Part - Time Non -Benefitted employees. RESOLUTION NO. 18-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION FOR UNREPRESENTED PART-TIME NON - BENEFITTED EMPLOYEES AND SUPERSEDING RESOLUTION 17-02 REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 10-11) 10. AWARD CONTRACT FOR THE VETERANS SPORTS PARK AT TUSTIN LEGACY PARK IMPROVEMENTS PROJECT, CIP NO. 20043 Staff is recommending that the City Council award the construction contract for the Veterans Sports Park at Tustin Legacy Park Improvements Project, CIP No. 20043 to the lowest responsive/responsible bidder, Los Angeles Engineering, Inc. Recommendation: It is recommended that the City Council: 1. Deny the bid protest submitted by Ohno Construction; and City Council November 20, 2018 Meeting Agenda Page 5 of 7 A 2a. Award the construction contract for the Veterans Sports Park at Tustin Legacy Park Improvements Project, CIP No. 20043 to the lowest responsive/responsible bidder, Los Angeles Engineering, Inc., in the amount of $18,991,493 (excluding the water play feature) adjusted for the bid alternative and deductive items and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and appropriate the following: 1. $1,500,000 from anticipated revenue in the Capital Improvement Program -General Fund (Fund 200) for use of grant funds awarded for this project, 2. $333,000 from anticipated revenue in the Capital Improvement Program -General Fund (Fund 200) for reimbursable T -Mobile expenses, and 3. $1,500,000 from the MCAS Tax Allocation Bond Fund (Fund 561). 2b. Award the construction contract for the Veterans Sports Park at Tustin Legacy Park Improvements Project, CIP No. 20043 to the lowest responsive/responsible bidder, Los Angeles Engineering, Inc., in the amount of $19,445,493 (including the water play feature) adjusted for the bid alternative and deductive items and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and appropriate the following: 1. $1,500,000 from anticipated revenue in the Capital Improvement Program -General Fund (Fund 200) for use of grant funds awarded for this project, 2. $333,000 from anticipated revenue in the Capital Improvement Program -General Fund (Fund 200) for reimbursable T -Mobile expenses, 3. $1,500,000 from the MCAS Tax Allocation Bond Fund (Fund 561), and 4. $454,000 from the General Fund Reserves (Fund 100) for the water play feature. 11. DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WITH JHC- ACQUISITIONS LLC (AKA JAMBOREE HOUSING CORPORATION) FOR PARCEL 1A SOUTH AT TUSTIN LEGACY Request for authorization to approve the DDA between JHC-Acquisitions LLC (Developer) and the City for the development of a one hundred fourteen (114) unit affordable housing development: fifty-four (54) affordable rental units for families (Phase I); and sixty (60) permanent supportive affordable rental units for the homeless (Phase II) on Parcel 1A South. The DDA outlines the terms and conditions under which the City property, approximately 3.55 acres, will be ground lease conveyed and developed by JHC-Acquisitions LLC. Financing for City Council November 20, 2018 Meeting Agenda Page 6 of 7 the project is dependent upon multiple sources including tax credits approved by the State. A 55 -year ground lease, referenced in the DDA, must be negotiated prior to conveyance that will be submitted to Council for consideration. Recommendation: 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. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, December 4, 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 November 20, 2018 Meeting Agenda Page 7 of 7