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Home My WebLink About00 CC AGENDA 11.17.20 Revised CITY OF TUSTIN REGULAR November 17, 2020 MEETING OF THE CITY COUNCIL VIDEO CONFERENCE Letitia Clark, Mayor Pro Tem Charles E. Puckett, Council Member Dr. Allan Bernstein, Mayor Matthew S. West, City Manager Barry W. Cooper, Council Member Erica N.Yasuda, City Clerk Austin Lumbard, Council Member David E. Kendig, City Attorney NOTICE RE PUBLIC PARTICIPATION DURING COVID-19 EMERGENCY During the Statewide COVID-19 Emergency, the public is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows: To watch the meeting, the public may observe the meeting via the City's Granicus service at: https://www.tustinca.org/282/Meetings-Agendas or on the local Cox Channel 851. To comment on one or more items, do the following: 1 . Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda prior to commencement of the meeting, go to https://tustin.qranicusideas.com/meetings?scope=upcoming and select the agenda item. B. To submit an e-comment on an upcoming meeting agenda during the meeting, go to https://tustin.qranicusideas.com/meetings?scope=past and select the agenda item. C. Follow the links to type and submit your comment(s) on one or more items: a. The items may be on the agenda or not on the agenda. b. Your comments will be forwarded electronically and immediately to the members of the City Council. c. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item d. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. City Council November 17, 2020 Meeting Agenda Page 1 of 7 For Individuals with Disabilities: The City is dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act (ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3025 as soon as is feasible, and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. CLOSED SESSION MEETING —4:30 p.m. CALL TO ORDER — #2487 ATTENDANCE — PUBLIC INPUT — Members of the public may submit comments in writing to address the City Council on items on the Closed Session Agenda. 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. LIABILITY CLAIMS — [Government Code § 54956.95]: (5 cases) A. Claim No. 20-08, Claim of Dan Ho B. Claim No. 20-13, Claim of Susan Allen C. Claim No. 20-14, Claim of Bernardino Valencia Cruz D. Claim No. 20-16, Claim of Robert McIntosh E. Claim No. 20-21 , Claim of Srinivasan Natarajan 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - [Government Code § 54956.8]: (1 case) City Council November 17, 2020 Meeting Agenda Page 2 of 7 A. Property 430-461-11 Address/Description Agency City of Tustin City Negotiators Matthew S. West, City Manager and Christopher Koster, Director of Economic Development Negotiating Parties Flight Phase I Owner LLC, David Binswanger Under Negotiation Price and Terms of Payment 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - [Government Code § 54957(d)(1)] — (1 case) A.Title: City Manager 6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code § 54956.9(a): (1 case) A. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No. 30-2020-01161134 REGULAR MEETING OF THE CITY COUNCIL 5:30 P.M. CALL TO ORDER — #2487 INVOCATION AND PLEDGE OF ALLEGIANCE — Council Member Lumbard PUBLIC INPUT — At this time, any member of the public may submit comments in writing to 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. CLOSED SESSION REPORT— City Attorney David E. Kendig 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 address the City Council regarding Consent Calendar matters should submit comments in writing with the City Clerk. (Agenda Items 1 through 8) 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA City Council November 17, 2020 Meeting Agenda Page 3 of 7 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 OCTOBER 20, 2020 AND THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON NOVEMBER 6, 2020 Recommendation: That the City Council approve the Action Minutes of the Regular Meeting of the City Council held on October 20, 2020 and the Special Closed Session Meeting held on November 6, 2020. 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$879,680.68, $855,257.99, and $873,787.98; and Demands in the amount of $4,310,100.82. 4. QUARTERLY INVESTMENT REPORT FOR THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY FOR THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 5. MEASURE M2 FAIRSHARE ANNUAL EXPENDITURE REPORT The Local Transportation Authority Ordinance No. 3 requires the City to adopt an annual Expenditure Report to account for the Net Revenues, developer/traffic impact fees, and funds expended by the City, which satisfy the Maintenance of Effort (MOE). The Orange County Transportation Authority (OCTA) established the MOE benchmark in conjunction with passage of the original Measure M. MOE is a requirement that the City expend local funds on transportation related projects each fiscal year in order to be eligible to receive Measure M2 Fairshare funds; the City's required MOE expenditure for Fiscal Year 2019-20 is $1,455,691 . The required MOE expenditure for Fiscal Year 2020-21 has increased by $241 ,354 to $1 ,697,045. Recommendation: It is recommended that the Tustin City Council adopt Resolution No. 20-71 , adopting the Measure M2 Expenditure Report for Fiscal Year 2019-2020 (attached), and direct staff to file the report with the Orange County Transportation Authority. City Council November 17, 2020 Meeting Agenda Page 4 of 7 RESOUTION NO. 20-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONCERNING THE MEASURE M2 (M2) EXPENDITURE REPORT FOR THE CITY OF TUSTIN, CALIFORNIA 6. ADOPT RESOLUTION NO. 20-68 TO APPROVE THE SUBMITTAL OF REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION FIRST STREET/BOLSA AVENUE CORRIDOR TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY City Council adoption of Resolution No. 20-68 will approve the submittal of an application prepared by the City of Santa Ana for the First Street/Bolsa Avenue Traffic Signal Synchronization Project to the Orange County Transportation Authority (OCTA). Participation by all agencies maintaining traffic signals along this corridor, which also includes the Cities of Westminster, Huntington Beach and County of Orange, is needed for approval of the project application under the 2021 Call for Projects for the Competitive Measure M2 Traffic Signal Synchronization Program (Project P). Within the City of Tustin, the project would include seven (7) existing traffic signals on First Street from Tustin Avenue to Newport Avenue. Recommendation: It is recommended that the City Council adopt Resolution No. 20-68 approving the submittal of the application to the Orange County Transportation Authority for the 2021 Call for Projects for the Renewed Measure M Regional Traffic Signal Synchronization Program (Project P) in the funding of the First Street/Bolsa Avenue Traffic Signal Synchronization Project. RESOLUTION NO. 20-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF APPLICATION FOR THE FIRST STREET/BOLSA AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (PROJECT P) 7. ADOPT RESOLUTION NO. 20-70 TO ACCEPT IMPROVEMENTS FOR THE TUSTIN LEGACY -VALENCIA AVENUE AND TUSTIN RANCH ROAD PARKWAY MEDIAN LANDSCAPING IMPROVEMENT PROJECT, CIP NO. 70247 AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION Construction of the Tustin Legacy - Valencia Avenue and Tustin Ranch Road Parkway Median Landscaping Improvement Project (CIP No. 70247) has been completed to the satisfaction of the City Engineer and is now ready for City Council acceptance. Recommendation: It is recommended that the City Council take the following actions City Council November 17, 2020 Meeting Agenda Page 5 of 7 1 . Adopt Resolution No. 20-70 accepting the construction of the Tustin Legacy - Valencia Avenue and Tustin Ranch Road Parkway Median Landscaping Improvement Project (CIP No. 70247); and 2. Authorize the City Engineer to execute and file the Notice of Completion with the Orange County Recorder's Office. RESOLUTION NO. 20-70 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 TUSTIN LEGACY — VALENCIA AVENUE AND TUSTIN RANCH ROAD PARKWAY MEDIAN LANDSCAPING IMPROVEMENT PROJECT (CIP NO. 70247) 8. AUTHORIZE AWARD OF CONTRACT FOR THE TUSTIN LEGACY NEIGHBORHOOD "D" SOUTH PHASE 1 INFRASTRUCTURE BACKBONE (CIP NO. 70246) AND NON-BACKBONE (CIP NO. 70250) CONSTRUCTION PROJECT AND ADOPT A RESOLUTION TO PRESERVE THE CITY'S ABILITY TO BE REIMBURSED AT A LATER DATE FROM PROCEEDS OF A TAX-EXEMPT OBLIGATION Staff is requesting the City Council to authorize award of a construction contract to the lowest responsive/responsible bidder for the Tustin-Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non-Backbone (CIP No. 70250) Construction Project, R. J. Noble Company. Actual award of the contract would be contingent upon deposit into escrow of the "Additional Purchase Price Deposit" as required by the October 19, 2020 side letter agreement described below between the City and Brookfield Homes Southern California, LLC. It is also requested that the City Council consider adopting a Resolution to preserve the City's ability to be reimbursed at a later date from the proceeds of a tax-exempt obligation. Recommendation: It is recommended that the City Council: 1 . Conditional upon the deposit of the "Additional Purchase Price Deposit" as required by the October 19, 2020 side letter agreement between the City and Brookfield Homes Southern California, LLC, authorize award of a construction contract to the lowest responsive/responsible bidder, R. J. Noble Company in the amount of is $11 ,392,825.71 , for the Tustin-Legacy Neighborhood "D" South Phase 1 Infrastructure Backbone (CIP No. 70246) and Non-Backbone (CIP No. 70250) Construction Project and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City; and 2. Amend the Capital Improvement Program budget to reflect the following: Neighborhood D South Backbone Infrastructure (CIP 70246) Community Facility District 06-1 (Fund 434) $2,700,000 City Council November 17, 2020 Meeting Agenda Page 6 of 7 Community Facility District 14-1 (Fund 443) $4,475,000 General Fund-Capital Improvement Program (Fund 200) $250,000* * Irvine Ranch Water District Capital Reimbursable Neighborhood D South Non-Backbone Infrastructure (CIP 70250) Land Sale Proceeds (Fund 189) $6,075,000 and 3. Adopt Resolution No. 20-72 (Attachment B) entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN EXPRESSING OFFICIAL INTENT REGARDING CERTAIN CAPITAL EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF A TAX- EXEMPT OBLIGATION REGULAR BUSINESS ITEM 9 9. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) Consider adoption of Resolution 20-76 determining that there is a need to continue the local emergency relating to COVID-19 in accordance with Government Code Section 8630. Recommendation: Adopt Resolution No. 20-76 Determining the Need to Continue the Local Emergency Regarding Novel Coronavirus (COVID-19). RESOLUTION NO. 20-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY COUNCIL MEMBER COMMENTS AND REPORTS ADJOURN IN MEMORY OF ROBERT MAY ADJOURNMENT City Council November 17, 2020 Meeting Agenda Page 7 of 7