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Home My WebLink About00 CC AGENDA 4.15.14CITY OF TUSTIN JOINT REGULAR APRIL 15, 2014 MEETING OF THE CITY COUNCIL COUNCIL CHAMBER AND SUCCESSOR AGENCY 300 CENTENNIAL WAY, TUSTIN Charles E. "Chuck" Puckett, Mayor Pro Tern Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Dr. Allan Bernstein, Councilmember Pamela Arends -King, City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2343 ATTENDANCE PUBLIC INPUT — Members of the public may 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 — INITIATION OF LITIGATION [Government Code § 54956.9(d2)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Government Code § 54956.9(d2)] — Two Cases 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt. Code § 54956.9(a)] — One Case 1. Successor Agency to the Tustin Redevelopment Agency, et al. v. Matasantos Case No. 34- 2013 - 80001623 Please note: Written materials relating to agenda items for an open session regular meeting of the Council that are distributed to a majority of the Council members less than 72 hours prior to the 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. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Five Cases Property Address /Description Agency City Negotiators Negotiating Parties Under Negotiation APN: 430 - 391 -12, 430 - 391 -09, and 430 - 391 -03 City of Tustin Jeffrey C. Parker, City Manager Tustin Unified School District, represented by Gregory Franklin, Superintendent Price and Terms of Payment 2. Property 580 W. Sixth Street Address /Description Agency Boys and Girls Club City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Adaleen McHale, Chief Professional Officer Under Negotiation Price and Terms of Payment 3. Property Tustin Legacy Disposition Package 1C to include Address /Description Lots 1, X and Y of Tract Map 17404. Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager Negotiating Parties Regency Centers, John Meehigan Under Negotiation Price and Terms of Payment 4. Property 430 - 371 -18, 19, 20, 21, 22, 23, 24, 25, 26, 62, 63, Address /Description 64, 65, 66, 67, 68 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager and John Buchanan, Deputy Director of Economic Development Negotiating Parties Pacific Coast Investors Under Negotiation Price and Terms of Payment 5. Property 2345 Barranca Pkwy, APN: 434 - 021 -22, Army Address /Description Reserve Center and 15 acres of the Northeast corner of Red Hill Avenue and Warner Avenue Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Matt West, Principal Management Analyst and David E. Kendig, City Attorney Negotiating Parties United States Government acting through the Department of the Army, represented by Stan Wallin, Jeremy Hollis and Cheryl Connett of the Army Corps of Engineers City Council and Successor Agency April 15, 2014 Meeting Agenda Page 2 of 6 Under Negotiation Price and terms of payment JOINT REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 7:00 P.M. CALL TO ORDER — Meeting #2343 INVOCATION - Furhan Zubairi, Darul Falah PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • Evelyn Furtsch Ojeda 100th Birthday • 2014 DMV /Donate Life California Month • Joe Fleischaker ORAL COMMUNICATION /PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ALLOCATION AND ACTION PLAN FOR FISCAL YEAR 2014 -15 For participation in the Community Development Block Grant (CDBG) program, the federal government requires the City to submit an Annual Action Plan. The City Council and Successor Agency April 15, 2014 Meeting Agenda Page 3 of 6 purpose of the Action Plan is to detail how the City will spend its annual allocation of funds to meet community needs identified in the Consolidated Plan. The federal Department of Housing and Urban Development (HUD) mandates that the Action Plan must be submitted no later than 45 days prior to the start of the Program Year or by May 17, 2014. Recommendation: To allow time for staff to receive and review all comments pertaining to the Action Plan, staff is recommending that the City Council continue this item to the May 6, 2014, City Council meeting. 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 2 through 6) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON APRIL 1, 2014, SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL HELD ON APRIL 1, 2014 AND SPECIAL MEETING OF THE CITY COUNCIL HELD ON APRIL 1, 2014 Recommendation: That the City Council approve the Action Minutes of the Joint Regular Meeting of the City Council and the Successor Agency to the Tustin Community Redevelopment Agency held on April 1, 2014, Special Closed Session Meeting of the City Council held on April 1, 2014 and Special Meeting of the City Council held on April 1, 2014 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amount of $632,922.70 and Demands in the amount of $2,521,894.57. 4. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS This agenda report transmits the John Wayne Airport (JWA) Noise Abatement Quarterly Report for the fourth quarter of 2013. The average noise level measured at Tustin's monitoring station (NMS 1ON), located at Columbus Tustin City Council and Successor Agency April 15, 2014 Meeting Agenda Page 4 of 6 Middle School on Beneta Way, remained consistent with prior quarters during this fourth quarter reporting period. Average noise levels during the fourth quarter were 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 5. EXTENSION OF LEASE AGREEMENT FOR OPERATION OF FOOD /BEVERAGE CONCESSION AT TUSTIN SPORTS PARK The City entered into a five (5) year Lease Agreement with Luigi and Amy Ravetto, dba Express Sports Cafe, in March 2006 to operate the food /beverage concession at the Tustin Sports Park. The Agreement was then extended for three (3) years on April 5, 2011. After evaluating the operation, and reviewing two years of tax returns from the business, staff concluded that raising the lease amount was not a feasible option at that time, and recommended extending the lease for three (3) years rather than the five (5) years specified as an option in the agreement in anticipation of economic conditions improving. Consistent with the terms of the Agreement, the lessee has requested the second and final extension of their lease. Staff recommends approval of Amendment No. 2 which would extend the terms of the Agreement for five (5) years and allow the business to continue providing food and beverage concessions to park patrons. When this extension expires in 2019, a new Lease Agreement will be necessary. Recommendation: That the City Council execute Amendment No. 2 to the Lease Agreement between Luigi and Amy Ravetto (dba Express Sports Cafe) and the City of Tustin, thus extending their lease by five (5) years. 6. AWARD CONTRACT FOR THE ARMSTRONG AVENUE AND WARNER AVENUE EXTENSION PHASE 2 STREET IMPROVEMENTS CONSTRUCTION PROJECT, CIP NOS. 70201 & 70202 With the substantial completion of the Phase I grading and storm drain installation, staff is recommending that the City Council award the construction contract for the Armstrong Avenue and Warner Avenue Extension Phase 2 Street Improvements to the lowest responsive /responsible bidder, R.J. Noble Company, and appropriate funding for construction, construction engineering, management and inspection. Recommendation: That the City Council: 1. Appropriate $700,000 from unencumbered Irvine Ranch Water District Reimbursement (Fund 200), $4,200,000 from unencumbered Community Facilities District 06 -01 Construction Fund (Fund 434), City Council and Successor Agency April 15, 2014 Meeting Agenda Page 5 of 6 $500,000 from unencumbered Community Facilities District 06 -01 Annexation Construction Fund (Fund 438), $1,000,000 from unencumbered Street Lighting Fund (Fund 142), in addition to funds already appropriated in the amount of $7,100,000 from TSIA and Measure M2 RCP for a total project appropriation of $13,500,000; and 2. Award the construction contract for the Armstrong Avenue and Warner Avenue Extension Phase 2 Street Improvements Construction Project, CIP Nos. 70201 & 70202 to the lowest responsive /responsible bidder, R.J. Noble Company in the amount of $10,552,962.61 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City and authorize the City Manager to expend said funds in an amount not -to- exceed $13,500,000 for construction, dry utility fees, geotechnical engineering, construction engineering, management and inspection. OTHER BUSINESS /COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, May 6, 2014 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 and Successor Agency April 15, 2014 Meeting Agenda Page 6 of 6