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Home My WebLink About02 CC MINUTES 4.15.14Agenda Item 2 Reviewed: City Manager La le Finance Director N/A MINUTES OF THE JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 300 CENTENNIAL WAY, TUSTIN, CA CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2343 at 5:33 p.m. ATTENDANCE Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: Councilmember John Nielsen City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney 111l [ON 10114m,"R 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. Matosantos Case No. 34- 2013 - 80001623 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS [Government Code § 54956.8] — Five Cases City Council and Successor Agency April 15, 2014 Minutes Page 1 of 8 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 Under Negotiation Price and terms of payment City Council and Successor Agency April 15, 2014 Minutes Page 2 of 8 RECESSED — 5:34 p.m. RECONVENED — 7:08 p.m. 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 at 7:08 p.m. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE — American Legion INVOCATION - Furhan Zubairi, Darul Falah ROLL CALL — City Clerk Present: Mayor Al Murray, Mayor Pro Tern Charles E. "Chuck" Puckett and Councilmembers Rebecca "Beckie" Gomez and Dr. Allan Bernstein Absent: Councilmember John Nielsen City Clerk: Jeffrey C. Parker, City Clerk Others Present: David E. Kendig, City Attorney CLOSED SESSION REPORT — City Attorney David E. Kendig — The Council took no reportable action and will reconvene after the regular session to discuss Items 2 - 4. PRESENTATIONS Mayor Murray presented a Proclamation to Evelyn Furtsch Ojeda on behalf of her 100th Birthday Mayor Murray presented a Proclamation to Marissa Gomez on behalf of 2014 DMV /Donate Life California Month ORAL COMMUNICATION /PUBLIC INPUT • Gretchen Whisler City Council and Successor Agency April 15, 2014 Minutes Page 3 of 8 PUBLIC HEARING 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 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. It was moved by Mayor Pro Tern Puckett and seconded by Mayor Murray to continue the public hearing to the May 6, 2014, City Council meeting. Motion carried: 4 -0 CONSENT CALENDAR ITEMS 2 -6 It was moved by Mayor Pro Tern Puckett and seconded by Councilmember Bernstein to pull Item 5 and approve the balance of the consent calendar items on the agenda as recommended by staff. Motion carried: 4 -0 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. City Council and Successor Agency April 15, 2014 Minutes Page 4 of 8 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 1 ON), located at Columbus Tustin 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 PowerPoint presentation by Dave Wilson, Director of Parks and Recreation 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. It was moved by Councilmember Bernstein and seconded by Mayor Pro Tern Puckett to 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. Motion carried: 4 -0 6. AWARD CONTRACT FOR THE ARMSTRONG AVENUE AND WARNER AVENUE EXTENSION PHASE 2 STREET IMPROVEMENTS City Council and Successor Agency April 15, 2014 Minutes Page 5 of 8 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), $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 COUNCILMEMBER BERNSTEIN • Attended the Association of California Cities of Orange County Pension Reform Committee meeting on April 3 • Attended the Heroes and Healthy Families breakfast on April 7 • Attended the Tustin Chamber of Commerce breakfast on April 9; congratulated Officer Mitchell • Attended the Tustin Police Department promotional ceremony on April 9; congratulated Communications Officer Nancy Lopez, Police Services Officer Joseph Chiavatti, Lieutenant Bob Wright, Lieutenant Todd Bullock, and Sergeant Manny Arzate • Attended the Board of Directors installation of the Association of California Cities of Orange County on April 10 • Provided a report on the Clean Water Act of 1972 City Council and Successor Agency April 15, 2014 Minutes Page 6 of 8 • Reminded all to comment on the Delta Bay Plan • Provided an update on the drought; encouraged all to visit www.saveourh2o.org • Wished those that are observing a happy Passover and a happy Easter COUNCILMEMBER GOMEZ • Announced the Executive Committee of the Library Advisory met on April 3; discussed changes in the by -laws and the annual budget; recommendations will be presented to the Board in May • Attended the Association of California Cities of Orange County Board of Directors installation reception on April 10 • Congratulated Evelyn Ojeda; honored to have her as a Tustin resident • Expressed best wishes to the Tustin comminute for Passover and the Easter holiday • Looking forward to the spring egg hunt on Saturday, April 19 MAYOR PRO TEM PUCKETT • Mentioned wife Donna is in attendance for Evelyn's presentation • Congratulated Evelyn Ojeda • Attended the ceremony for the crime victims monument on April 12; Supervisor Spitzer is coordinating the dedication • Encouraged all to attend the egg hunt MAYOR MURRAY • Attended a promotional ceremony at the Irvine Police Department on April 2 • Attended a strategic plan two day workshop coordinated by the Association of California Cities of Orange County • Welcomed attendees to the Parks and Recreation workshop on April 5 • Attended the Regional Highways and Planning meeting for the Orange County Transportation Authority on April 7 • Attended a reception in honor of recognizing Dr. Gregory Franklin for being named 2014 Superintendent of the Year in California and Orange County • Attended the Tustin Chamber of Commerce breakfast; congratulated Chief Celano for a great department • Met with Ladera Elementary Principal Dr. Derek Pinto and the Orange County Distinguished School evaluation committee • Attended the Orange County Fire Authority Budget and Finance meeting • Attended the Tustin Police Department promotional ceremony in the Council Chambers • Interviewed by the Commission on Accreditation for Law Enforcement Agencies (CALEA) review team regarding the Tustin Police Department reaccreditation • Met with City Manager Jeff Parker on April 10; discussed areas of concern and economic development • Attended the Association of California Cities of Orange County Board of Directors installation event with Councilmember Gomez and Councilmember Bernstein; installed as 1 st Vice President City Council and Successor Agency April 15, 2014 Minutes Page 7 of 8 • Attended the Orange County Transportation Authority Angels Express on Metrolink at the Irvine Metro Station for the Angels vs Mets game on April 11 • Mentioned he played Mr. Mom while his wife was out of town for a retreat • Announced it is the beginning of spring break • Attended the Orange County Transportation Authority Board of Directors meeting and Security Working Group meeting on April 14 • Congratulated Evelyn Ojeda • Announced this week is National Dispatcher Week; expressed the importance of dispatchers ADJOUNRED IN MEMORY OF SERGEANT RHONDA WOOD RECESSED TO CLOSED SESSION — 7:50 p.m. RECOVENED IN OPEN SESSION — 8:50 p.m. CLOSED SESSION REPORT — David E. Kendig — No reportable action ADJOURNED at 8:50 p.m. 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 Minutes Page 8 of 8