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Home My WebLink About00 CC AGENDA 10.01.19CITY OF TUSTIN REGULAR OCTOBER 1, 2019 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Dr. Allan Bernstein, Mayor Pro Tem Matthew S. West, City Manager/ Letitia Clark, Council Member Charles E. Puckett, Mayor Acting City Treasurer Barry W. Cooper, Council Member Erica N. Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney CLOSED SESSION MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — Meeting #2461 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) 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 pursuant to Government Code § 54956.9(a): (3 cases) A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action No. SA CV 18-00155 DOC JDE B. Mary Wong v. City of Tustin, Case No: 30-2017-00951612 City Council October 1, 2019 Meeting Agenda Page 1 of 7 C. Kelly, James, Kristi Wong and Jennifer Otero v. City of Tustin, Case No: 2019- 01089429-CU-PP-CJC 4. LIABILITY CLAIMS — [Government Code § 54956.95]: (1 case) A. Claim No. 19-29; Claim of Ashot Petrossian 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) A. Property Address/Description 430-461-11 Agency City of Tustin City Negotiators Matthew S. West, City Manager & John A. Buchanan, Director of Economic Development Negotiating Parties Flight Venture LLC - David Binswanger, Senior Executive VP Under Negotiation Price and Terms of Payment REGULAR MEETING OF THE TUSTIN CITY COUNCIL AND TUSTIN HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2461 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion PRESENTATIONS — o 2019 Boys State Program o Recognition of Former Planning Commissioner Jeff R. Thompson o Recognition of Retired Director of Parks and Recreation David A. Wilson o Orange County Fire Authority's Fire Prevention Week CLOSED SESSION REPORT — City Attorney David E. Kendig City Council October 1, 2019 Meeting Agenda Page 2 of 7 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 — THE REGULAR MEETING OF THE CITY COUNCIL HELD ON SEPTEMBER 17, 2019. Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on September 17, 2019. 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 $858,519.59 and Demands in the amount of $6,278,272.91. 4. FY2018 URBAN AREA SECURITY INITIATIVE (UASI) GRANT The City of Anaheim, in its capacity as a Core City for the Anaheim/Santa Ana Urban Area, has applied for, received and accepted a grant entitled "FY 2018 Urban Areas Security Initiative" (UASI) Grant Program. This grant is from the Federal Department of Homeland Security, Federal Emergency Management Agency, through the State of California Emergency Management Agency. It is intended to enhance countywide emergency preparedness, and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into the Agreement by reference. The Office of Grants and Training has awarded $4,135,000.00 to the City of Anaheim for use in the Anaheim/Santa Ana Urban Area, for the term of May 8, 2019, through March 31, 2021. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub -Recipient, is authorized to City Council October 1, 2019 Meeting Agenda Page 3 of 7 participate in the grant funding. Recommendation: It is recommended that the City Council: 1. Adopt Resolution 19-41, designating the Chief of Police or his designee as the City's authorized representative for the FY 2018 UASI grant. 2. Approve the FY 2018 UASI Transfer Agreement between the City of Anaheim and the City of Tustin. RESOLUTION NO. 19-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2018 URBAN AREAS SECURITY INITIATIVE (UASI) 5. SECOND AMENDMENT TO THE TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT CORNERSTONE I (DDA) WITH FLIGHT PHASE I OWNER LLC (FORMED BY THE AFFILIATES OF LINCOLN PROPERTY COMPANY COMMERCIAL, INC. AND ALCION CAPITAL STRATEGIC III, LLC) Request for authorization to approve the Second Amendment to the Disposition and Development Agreement Cornerstone I (DDA) with Flight Phase I Owner LLC, successor in interest to Flight Venture LLC (formed by the affiliates of Lincoln Property Company Commercial, Inc. (LPCC) and Alcion Capital Strategic III, LLC (Alcion)) for the Flight office development at Tustin Legacy. This amendment would allow for the formation of a new entity to include LPCC and Alcion by transferring the option to develop Phase 2 from the Phase 1 owner to this new entity. The formation of this entity will allow for pre -planning activities to commence and equity to be invested into Phase 2 from new sources. All terms and conditions in Phase 2, will be transferred to the new entity including previously approved entitlements and development requirements. The purchase price schedule for Phase 2 will remain unchanged. Recommendation: Authorize the City Manager to execute the Second Amendment to the DDA between Flight Phase I Owner LLC and the City, and any related implementing documents, 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. 6. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE TUSTIN LEGACY TUSTIN RANCH ROAD AND VALENCIA AVENUE PARKWAY LANDSCAPING IMPROVEMENTS PROJECT, CIP NO. 70247 The plans and specifications for the Tustin Legacy Tustin Ranch Road and Valencia Avenue Parkway Landscaping Improvements Project, CIP No. 70247 have been prepared and the project is ready to be bid. City Council October 1, 2019 Meeting Agenda Page 4 of 7 Recommendation: 1. Adopt Resolution No. 19-40 approving the plans and specifications for the Tustin Legacy Tustin Ranch Road and Valencia Avenue Parkway Landscaping Improvements Project, CIP No. 70247; and 2. Authorize the City Clerk to advertise to receive bids. RESOLUTION NO. 19-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE TUSTIN LEGACY TUSTIN RANCH ROAD AND VALENCIA AVENUE PARKWAY LANDSCAPING IMPROVEMENTS PROJECT, CIP NO. 70247, AND AUTHORIZING ADVERTISEMENT FOR BIDS 7. AUTHORIZATION TO PURCHASE OFFICE FURNITURE FOR THE PUBLIC WORKS ENGINEERING RECONFIGURATION (CIP NO. 10032) Staff is requesting authorization to purchase furniture and modular walls for the Public Works Engineering Reconfiguration (CIP No. 10032). Recommendation: That the City Council adopt Resolution No. 19-44 authorizing the use of State of California Department of General Services; CMAS Contract #4- 11-71-0119A (National Office Furniture) and 04-12-71-0084B (Trendway Corporation) and National Cooperative Purchasing Alliance Contract #07-39 (Maxon Furniture) with D&R Office Works, Inc. for the purchase and installation of furniture, modular walls and partitions. RESOLUTION NO. 19-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS 8. AUTHORIZATION TO PURCHASE THREE UTILITY TRUCKS, FIVE PICKUP TRUCKS AND ONE RIDING LAWN MOWER AND DECLARATION OF SURPLUS EQUIPMENT FOR PUBLIC AUCTION Staff is requesting City Council authorization to purchase three (3) 1 -ton utility trucks, five (5) 1/2 -ton pickup trucks and one (1) riding lawn mower with accessories for Public Works and Community Development. In addition, the City Council is requested to declare certain City equipment surplus in accordance with Section 1626a (2) of the Tustin City Code and authorize their sale at public auction. Recommendation: It is recommended that the City Council: 1. Adopt Resolution No. 19-43 authorizing the State of California Department of General Services to purchase three (3) 1 -ton utility trucks and five (5)1/2 - City Council October 1, 2019 Meeting Agenda Page 5 of 7 ton pickup trucks from Winner Chevrolet, Elk Grove, CA in the amount of $249,540.91 and also the purchase of one (1) TORO riding lawnmower from CMAS contract in the amount of $ 23,950.08 from Turf Star, Brea, CA. 2. Declare, in accordance with the Tustin City Code - Section 1626a (2), the attached itemized list of equipment as surplus and not required for public use. 3. Authorize the sale of the equipment listed below at the next available public auction and credit net proceeds to applicable City Revenue Fund. RESOLUTION NO. 19-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS 9. AUTHORIZE CONSULTANT SERVICES AGREEMENT FOR THE PREFERENTIAL PERMIT PARKING PROGRAM ON PUBLIC STREETS UPDATE Authorization is requested to execute a Consultant Services Agreement (CSA) with Dixon Resources Unlimited for professional consulting services to update the City's Preferential Permit Parking Program on Public Streets. In July 2019, the City of Tustin solicited proposals from four (4) qualified firms to update the Preferential Permit Parking Program ("project") including policies, procedures and implementation plan to provide neighborhoods with options to help address parking needs on public streets. Recommendation: It is recommended that the City Council: 1. Authorize staff to execute a Consultant Services Agreement with Dixon Resources Unlimited, Inc. in an amount not to exceed $56,775 to cover professional consulting services, and 2. Appropriate $56,775 from the General Fund (Fund 100) for this work. REGULAR BUSINESS ITEMS 10-11 10. SPONSORSHIP OF 2019 TUSTIN FOOD AND WINE FESTIVAL City sponsorship of the Tustin Chamber of Commerce's (Chamber) Tustin Food and Wine Festival event on October 27, 2019. Recommendation: Authorize the City Manager to execute the 2019 Tustin Food and Wine Festival Sponsorship Agreement, and authorize the City Attorney to make non -substantive changes to the agreement as deemed necessary. City Council October 1, 2019 Meeting Agenda Page 6 of 7 11. LEGISLATIVE UPDATE Staff has prepared a summary of state legislative activity. Recommendation: 1. Receive and file the updated legislative matrix as of September 19. 2. Other actions at the pleasure of the City Council. OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURNMENT — The next meeting is scheduled on Tuesday, October 15, 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 October 1, 2019 Meeting Agenda Page 7 of 7