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Home My WebLink About00 CC AGENDA 1.15.19CITY OF TUSTIN REGULAR JANUARY 15, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Jeffrey C. Parker, City Manager/ Letitia Clark, Councilmember Charles E. Puckett, Mayor City Treasurer Barry W. Cooper, Councilmember Erica N. Yasuda, City Clerk Austin Lumbard, Councilmember David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2447 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): (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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (2 cases) A. Property 430-271-81 portions of 430-271-78, 80, 82, 84, 92, 93, Address/Description and portions of 430-371-41, 42, 43, 44, 45, 46, 48, 51, 54, 73, 74, 76, 77 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager & John Buchanan, Director of Economic Development Negotiating Parties Brookfield Homes Southern California, LLC. Under Negotiation Price and Terms of Payment B. Property 430-381-27 28, 29, 30, 31, 32, 33, 35 Address/Description Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Jerry Craig, Deputy Director of Economic Development Negotiating Parties Jamboree Housing Corporation; Laura Archuleta, President Under Negotiation Price and Terms of Payment 5. PUBLIC EMPLOYEE APPOINTMENT (Cal. Gov't Code section 54957(b)(1).) A. Title: Interim/Acting/Permanent City Manager City Council January 15, 2019 Meeting Agenda Page 2 of 7 REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2447 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATIONS — o Gem of Tustin — Pastor Dane Counts o Mayor Puckett's 2019 Goals 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 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. City Council January 15, 2019 Meeting Agenda Page 3 of 7 2. APPROVAL OF MINUTES — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 18, 2018. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on December 18, 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 $797,685.02; and $1,341,978.80. 4. ADOPTION OF THE 2019 INVESTMENT POLICY The California Government Code provides guidelines for Cities to annually adopt their Investment Policy. The elected body and the Treasurer should review the existing Investment Policy at least annually, and confirm its content at a public meeting and annually delegate authority to invest. Recommendation: Staff requests the City Council adopt the City of Tustin Investment Policy for calendar year 2019. 5. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE POLICE DEPARTMENT EVIDENCE ROOM HVAC PROJECT CIP NO. 10032 The plans and specifications for the Police Department Evidence Room HVAC Project (CIP No. 10032) have been prepared and the project is now ready for bid. Recommendation: That the City Council: 1. Adopt Resolution No. 19-01 approving the plans and specifications for the Police Department Evidence Room HVAC Project (CIP No. 10032); and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 19-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE POLICE DEPARTMENT EVIDENCE ROOM HVAC PROJECT CIP NO. 10032 AND AUTHORIZING ADVERTISEMENT FOR BIDS City Council January 15, 2019 Meeting Agenda Page 4 of 7 6. AWARD CONTRACT FOR THE FRONTIER PARK TRAIL AND IRRIGATION PROJECT (CIP No. 20054) Staff is recommending that the City Council award the construction contract for the Frontier Park Trail and Irrigation Project (CIP No. 20054), to the lowest responsive/responsible bidder, Horizons Construction Company, International, Inc. Recommendation: That the City Council award the construction contract for the Frontier Park Trail and Irrigation Project (CIP No. 20054), to the lowest responsive/responsible bidder, Horizons Construction Company, International, Inc. in the amount of $835,033.08 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 7. SALARY RESOLUTION FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES Adoption of the attached Resolution will adjust the salary range for the classification of Director of Economic Development. Recommendation: That the City Council adopt Resolution No. 19-03 amending the City's Classification and Compensation Plans for Executive Management and Management employees. RESOLUTION NO. 19-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 18-80 REGULAR BUSINESS ITEMS 8-11 8. CONTRACTOR SERVICES AGREEMENT — TEMPORARY SHELTER, INC (AKA, ORANGE COUNTY RESCUE MISSION) The Tustin Housing Authority ("Authority") is seeking authorization to enter into a Contractor Services Agreement ("CSA") with Temporary Shelter, Inc., an affiliate of the Orange County Rescue Mission, to operate the Tustin Temporary Emergency Shelter. Recommendation: It is recommended the Tustin Housing Authority Commissioners take the following action: 1. Authorize the Executive Director to execute a Contractor Services Agreement with Temporary Shelter, Inc. to operate the Tustin Temporary Emergency Shelter. City Council January 15, 2019 Meeting Agenda Page 5 of 7 It is recommended the Citv Council take the followina actions: 1. Authorize the City Manager to execute a Contractor Services Agreement with Temporary Shelter, Inc. to operate the Tustin Temporary Emergency Shelter; and 2. Appropriate $986,343 in General Fund Reserves to the Tustin Housing Authority for the purpose of funding the first year of Tustin Temporary Emergency Shelter operations. 9. REVIEW OF OLD TOWN PERMIT PARKING PROGRAM For several years, Old Town residents expressed concerns about the impacts related to an increase in on -street parking in the Old Town residential area, and the City Council directed staff to address these concerns. After conducting significant public outreach, the City Council: 1) directed staff on February 20, 2018, to implement permit parking in the Old Town residential area; 2) adopted an ordinance on March 20, 2018, establishing permit parking in the Old Town residential area; and 3) directed staff to monitor the program and to report back to the Council. Recommendation: That the City Council receive and file this report. 10. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2018 The City engages an independent certified public accounting firm to complete an annual audit of the City's financial records. There are a number of reports such as the Comprehensive Annual Financial Report (CAFR), produced as a result of the annual audit and there are actions that are required by the City's governing board (City Council) to meet the requirements of various auditing standards, such as meeting with the auditing firm that conducted the audit to discuss the audit and internal control issues. Recommendation: That the City Council: 1. Receive and file the CAFR for the year ended June 30, 2018. 2. Discuss the audit and internal controls with the independent certified public accounting firm, White Nelson Diehl Evans LLP, who conducted the audit. 11. APPROVAL OF SECOND AMENDMENT TO SCHOOL FACILITIES IMPLEMENTATION, FUNDING AND MITIGATION AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT, AND APPROPRIATION OF $14,958,598 TO FUND CONSTRUCTION BY TUSD OF A PORTION OF THE LEGACY MAGNET ACADEMY 6-12 SCHOOL PROJECT AT TUSTIN LEGACY City Council January 15, 2019 Meeting Agenda Page 6 of 7 This item would appropriate funding for the construction by the Tustin Unified School District (TUSD) of portions of the Legacy Magnet Academy 6-12 School Project at Tustin Legacy, and approve the Second Amendment to the School Facilities Implementation, Funding and Mitigation Agreement with TUSD relating to the project and its funding. Recommendation: That the City Council: 1. Approve and authorize the Mayor to execute the Second Amendment to School Facilities Implementation, Funding And Mitigation Agreement Between Tustin Unified School District, Community Facilities District No. 06-1 Of Tustin Unified School District, The City Of Tustin And Community Facilities District No 2014-1 Of The City Of Tustin in the form attached hereto as Attachment A (the "Second Amendment to City School Funding Agreement"); and 2. Appropriate $14,958,598 from Fund 189 for the Base Phase I City Advance and City Administration Advance as defined in the Second Amendment to the School Funding Agreement. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCILMEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, February 5, 2019 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 January 15, 2019 Meeting Agenda Page 7 of 7