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HomeMy WebLinkAbout00 CC AGENDA 7-19-11CITY OF TUSTIN JOINT REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY John Nielsen, Mayor Pro Tem Deborah Gavello, Councilmember Rebecca `Beckie" Gomez, Councilmember Al Murray, Councilmember CALL TO ORDER - Meeting #2267 ATTENDANCE JULY 19, 2011 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN a William A. Huston, Interim City Manager Douglas Holland, City Attorney Jerry Amante, Mayor Pamela Stoker, City Clerk George Jeffries, City Treasurer SPECIAL MEETING 4:30 P.M. PUBLIC INPUT — Members of the public may address the City Council on items on the Special Meeting Agenda. REGULAR BUSINESS ITEM INTERVIEW AND APPOINT MEMBERS TO THE AUDIT COMMISSION The City Council will conduct interviews and appoint one (1) member to the Audit Commission. The Audit Commissioner will serve until March 1, 2015 or until his/her respective successor is appointed and qualified. The City Clerk's Office received applications for the Audit Commission as follows: • Robert Ammann • Donald G. Berkheimer ADJOURN TO CLOSED SESSION NOTE: As required by Senate Bill 343, any non -confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. CLOSED SESSION MEETING 5:00 P.M. CALL TO ORDER — Meeting #2267 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: A. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(b)] — Two Cases B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases C. LABOR NEGOTIATIONS Agency Negotiators: Employee Organization Employee Organization Employee Organization Employee Organization Employee Organization Employee Organization Employee Organization Employee Organization [Government Code Section 54957.6] Kristi Recchia, Director of Human Resources and Peter Brown, Liebert Cassidy Whitmore Tustin Municipal Employees Association (TMEA) Tustin Police Officers Association (TPOA) Tustin Police Support Service Association (TPSSA) Tustin Police Management Association (TPMA) Part -Time Unrepresented Employees Unrepresented Confidential Employees Unrepresented Supervisory Executive Management and Management D. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION [Govt 54956.9(x)] — One Case • Tustin Unified School District v. City of Tustin et al., Case No. 00345476, Orange County Superior Court Code § 01001[111 City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 2 of 14 JOINT CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING 7:00 P.M. CALL TO ORDER — Meeting #2267 INVOCATION — Jeff Hetschel, OCFA Battalion 5 PLEDGE OF ALLEGIANCE — Mayor Amante ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney Douglas C. Holland PRESENTATIONS • Officer Eric Kent, Auto Theft Advisory Committee (A.T.A.C.) Orange County Vehicle Theft 2010 Recovery Officer of the Year Award 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. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEMS 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 Items 1 and 2) 1. APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE DESIGN REVIEW 09-033 Design Review 09-033 is a request to install and operate a wireless telecommunications facility consisting of two (2) flagpoles with a height of forty (40) feet and a third flagpole with a height of forty-three (43) feet and underground equipment located within the landscaped circle in the parking lot of Cedar Grove Park. On April 26, 2011, the City of Tustin Planning Commission adopted Resolution City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 3 of 14 No. 4163 approving Design Review 09-033. On May 6, 2011, the City Clerk received an appeal of Design Review 09-033 which was filed by the City's Mayor Pro Tem due to concerns regarding the aesthetics and compatibility of the design of the facility and the parameters of the installation. The appeal hearing is de novo. Recommendation: That the Tustin City Council adopt Resolution No. 11-47 approving Design Review 09-033 to install and operate a wireless telecommunications facility consisting of two (2) flagpoles with a height of forty (40) feet and a third flagpole with a height of forty-three (43) feet and underground equipment located within the landscaped circle in the parking lot of Cedar Grove Park located at 11385 Pioneer Road. RESOLUTION NO. 11-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 09-033 AUTHORIZING THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMMUNICATIONS FACILITY CONSISTING OF TWO (2) FLAGPOLES WITH A HEIGHT OF FORTY (40) FEET AND A THIRD FLAGPOLE WITH A HEIGHT OF FORTY-THREE (43) FEET LOCATED WITHIN A LANDSCAPED CIRCLE IN THE PARKING LOT OF CEDAR GROVE PARK LOCATED AT 11385 PIONEER ROAD. 2. ADOPT RESOLUTION NO. 11-51 ORDERING THE VACATION OF A PORTION OF THE PROPERTY ADJACENT TO EL CAMINO REAL BETWEEN RED HILL AVE. AND NEWPORT AVE Adoption of Resolution No. 11-51 will order the vacation of a portion of real property adjacent to EI Camino Real and a portion of a street easement between Red Hill Avenue and Newport Avenue that are no longer needed for public roadway or utility purposes. The adjacent commercial property owners at 1450 EI Camino Real have requested the opportunity to purchase the property from the City to expand their existing parking lot. Recommendation: That the City Council conduct the public hearing and adopt Resolution No. 11-51 ordering the vacation of a portion of real property adjacent to EI Camino Real and a portion of a street easement between Red Hill Avenue and Newport Avenue. RESOLUTION NO. 11-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF REAL PROPERTY ADJACENT TO EL CAMINO REAL AND A POTION OF AN EASEMENT BETWEEN RED HILL AVENUE AND NEWPORT AVENUE REGULAR BUSINESS ITEM 3 Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 4 of 14 3. ADOPTION OF ORDINANCES COMPLYING WITH PROVISIONS OF ASSEMBLY BILL X1 27 ("AB 27") AND ELECTING TO IMPLEMENT PARTICIPATION BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM As of June 29, 2011 with the Governor's approval of ABX1 26 ("AB 26"), all new redevelopment activities, including the issuance of debt and the execution of contracts, were suspended. All redevelopment agencies ("RDA's") will be dissolved effective October 1, 2011. ABX1 27 ("AB 27" or the "Voluntary Program") allows a redevelopment agency to avoid elimination by opting into an "alternative voluntary redevelopment program" that requires various payments in lieu of elimination. Any intention for the City to opt into the Voluntary Program requires the adoption of an opt -in ordinance. In order to insure that this process is completed in time and that priority redevelopment projects and activities can continue, both an urgency ordinance and permanent ordinance are provided for Council consideration. The urgency ordinance requires adoption by a four-fifths vote. Recommendation: That the City Council: 1. Adopt Urgency Ordinance No. 1404, by at least a four-fifths vote. 2. Introduce Ordinance No. 1405, for first reading by title only. It is also recommended that the Tustin Community Redevelopment Agency ("RDA" or "Agency") authorize the City's Finance Director, in consultation with the Executive Director and Assistant Executive Director, to make the Voluntary Program payments that may be required pursuant to AB 27 after any City appeal and as determined by the California Department of Finance, from Agency available cash balances in any of the Project Areas as may be needed to make the annual Voluntary Program payments in Fiscal Year 2011-12, without any additional appropriation required. ORDINANCE NO. 1404 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34193 TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW. (4/5THS VOTE REQUIRED ORDINANCE NO. 1405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PURSUANT TO HEALTH AND SAFETY CODE SECTION City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 5 of 14 0 0 7 FQ 34193 TO ELECT AND IMPLEMENT PARTICIPATION BY THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW 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 4 through 24) APPROVAL OF MINUTES — REGULAR MEETING OF JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY HELD ON JULY 5, 2011 Recommendation: Approve the Action Minutes of the Regular Meeting of the Joint City Council/Redevelopment Agency held on July 5, 2011. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,724,202.55 and Payroll in the amount of $681,619.97. CANCELLATION OF AUGUST 16, 2011 CITY COUNCIL MEETING The regularly scheduled City Council meeting of August 16, 2011 is being recommended for cancellation since there will not be a quorum of the City Council. Recommendation: Direct the City Clerk to post a Notice of Cancellation for the regularly scheduled Council meeting of August 16, 2011. The City Council hereby waives notice of said meeting as required by Government Code Section §54954. QUARTERLY INVESTMENT REPORT 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. CITY FINANCING INITIATIVE — ENERGY EFFICIENCY INCENTIVE PROGRAM (EEIP) PERMIT FEE REBATE City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 6 of 14 The City Council unanimously approved a resolution to implement an Energy Efficiency Incentive Program (EEIP). The program was implemented in June 2010, where property owners have the opportunity to receive a rebate on permit fees while completing improvements to their properties to make energy use more efficient or to conserve energy. Improvements include: window and door replacement, solar improvement installation, and tankless water heater installation, to name a few. Since the program started in June 2010, two (2) businesses, and six (6) residents, have completed the installation and received rebates for the total amount of $15,853.96. Many more, including Tustin Columbus Gymnasium's photovoltaic system, are eligible projects for the permit fee rebate. Recommendation: Receive and file. 9. FINAL TRACT MAP 17342 Final Tract Map (FTM) 17342 is a request to subdivide an existing office complex for condominium purposes. The proposed subdivision would result in five (5) numbered lots and one (1) lettered lot, for a maximum of 115 office units. On July 27, 2010, the Planning Commission recommended that the City Council approve Tentative Tract Map (TTM) 17342. On September 7, 2010, the City Council approved TTM 17342. The property is located at 17772-17862 Seventeenth Street. (Applicant: Greenlaw Partners). Recommendation: That the City Council adopt Resolution No. 11-44 approving Final Tract Map 17342, a subdivision of a 9.62 -acre site, improved with an existing office complex, into five (5) numbered lots and one (1) lettered lot for condominium purposes. RESOLUTION NO. 11-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 17342 TO SUBDIVIDE AN EXISTING OFFICE COMPLEX FOR CONDOMINIUM PURPOSES INTO FIVE (5) NUMBERED LOTS AND ONE (1) LETTERED LOT, FOR A MAXIMUM OF 115 OFFICE UNITS, ON A PROPERTY LOCATED AT 17772-17882 17TH STREET 10. ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CENTENNIAL PARK INTERMEDIATE PLAYGROUND REPLACEMENT (CIP NO. 20065) Replacement of the intermediate playground at Centennial Park has been completed and is ready for acceptance and filing of the Notice of Completion. Recommendation: That the City Council: 1. Adopt Resolution No. 11-50 accepting the Centennial Park Intermediate City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 7 of 14 Playground Replacement (CIP No. 20065), and 2. Authorize the City Clerk to file the Notice of Completion with the County Recorder's office. RESOLUTION NO. 11-50 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 CENTENNIAL PARK INTERMEDIATE PLAYGROUND REPLACEMENT (CIP NO. 20065) 11. APPROVE AMENDMENT NO. 4 TO AN AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY OF TUSTIN AND WEST COAST ARBORISTS, INC. Staff recommends that the City Council approve a contract amendment to authorize the first extension of five (5) one-year extensions to the existing Tree Trimming Contract with West Coast Arborists, Inc. for Fiscal Year 2011-2012. Recommendation: That the City Council approve contract amendment No. 4 with West Coast Arborists, Inc to extend the existing contract by one (1) year from July 1, 2011 through June 30, 2012 and authorize the Mayor to execute the contract amendment, subject to the City Attorney's approval. 12. APPROVE AMENDMENT NO. 2 TO THE AGREEMENT WITH BARR ENGINEERING, INC. FOR HVAC SYSTEMS MAINTENANCE AND REPAIR SERVICES. Staff is requesting City Council approval of amendment No. 2 to the Agreement for Heating, Ventilation, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services with Barr Engineering, Inc. from July 1, 2011 to June 30, 2012 with no price increase. Recommendation: It is recommended the City Council approve contract Amendment No. 2 to the Agreement between Barr Engineering, Inc., and the City of Tustin for Heating, Ventilating, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services and authorize the Mayor and City Clerk to execute the contract document on behalf of the City, subject to the City Attorney's approval and final City Council FY 2011-2012 Budget adoption. 13. APPROVE AMENDMENT NO. 1 TO A JOINT COOPERATIVE AGREEMENT FOR THE PILOT COMMERCIAL FOOD WASTE DIVERSION PROGRAM Staff is requesting the City Council to approve an amendment to the joint agreement for the pilot food waste program to extend the program to no later than June 30, 2012. City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 8 of 14 Recommendation: That the City Council approve Amendment No. 1 to the Joint Cooperative Agreement and authorize the Mayor and City Clerk to execute the contract documents. 14. APPROVE AMENDMENT NO. 3 TO AN AGREEMENT FOR BUS SHELTER ADVERTISING AND MAINTENANCE WITH CLEAR CHANNEL OUTDOOR, INC. Clear Channel Outdoor maintains all bus shelters and concrete bus benches in the City pursuant to an Agreement that generates revenue for the City. Staff is requesting that the City Council approve the renewal of the Agreement for two (2) years with a City option for two (2) additional two-year extensions Recommendation: That the City Council approve amendment No. 3 to the Agreement with Clear Channel Outdoor, Inc. to extend the contract for a period of two years with a City option for two (2) additional two-year extensions and authorize the Mayor and City Clerk to execute the contract documents. 15. APPROVAL OF AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR TUSTIN LEGACY BACKBONE INFRASTRUCTURE BETWEEN THE CITY AND NMG GEOTECHNICAL, INC. Approval is requested of Amendment No. 2 to a Consultant Services Agreement between the City and NMG Geotechnical, Inc. for Tustin Legacy Backbone infrastructure. The Amendment will provide for geotechnical observation and testing during rough grading and backbone storm drain construction for Tustin Ranch Road Improvements, CIP Nos. 70100 & 70206. Recommendation: That the City Council: 1. Approve Amendment No. 2 to a Consultant Services Agreement for Tustin Legacy backbone infrastructure between the City and NMG Geotechnical, Inc., increasing the not to exceed amount by $227,508 to $344,708, and authorize the City Manager to execute the document on behalf of the City. 2. Appropriate from unappropriated funds in CFD 06-01 Fund (434) $79,798 to the Tustin Ranch Road Extension Project Capital improvement Program Fund Walnut Avenue to Valencia Avenue (CIP No. 70100) and $147,710 to the Tustin Ranch Road Extension Capital Improvement Program Fund Valencia Avenue to Warner Avenue (CIP No. 70206). 16. APPROVE A CONSULTANT SERVICES AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND PALEO SOLUTIONS FOR TUSTIN LEGACY Approval is requested of a Consultant Services Agreement with Paleo Solutions, Inc. for certain archaeological, Native American, and paleontological City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 9 of 14 assessment services at Tustin Legacy. Recommendation: That the City Council: 1. Approve a Consultant Services Agreement for certain Tustin Legacy support services between the City and Paleo Solutions, Inc., and authorize the City Manager and/or Assistant City Manager to execute the document on behalf of the City; and 2. Appropriate from unappropriated funds in CFD 06-01 Fund (434) $15,400 to the Tustin Ranch Road Extension Project Capital Improvement Program Fund (CIP No. 70206) and $13,130 to the MCAS Tustin Redevelopment Fund (555), respectively, to cover associated expenses. 17. APPROVE HOMEOWNER AGREEMENTS AND MEMORANDA FOR CERTAIN PROPERTIES IN CONJUNCTION WITH THE TUSTIN RANCH ROAD EXTENSION PROJECT BETWEEN WALNUT AVENUE AND VALENCIA AVENUE (CIP No. 70100) This item was continued from the July 5, 2011 City Council and Redevelopment Agency meeting. Staff is requesting the City Council and the Tustin Community Redevelopment Agency approve certain agreements associated with the required applicable noise mitigation measures as identified in the Final Supplement #1 to the Final EIS/EIR for the Tustin Ranch Road Extension Project CIP No. 70100 & 70206 on or adjacent to the property located at 2362 Ana Tree Place (Receptor 9) and 2392 Apple Tree Drive (Receptor 21). Recommendation: That the City Council and Tustin Community Redevelopment Agency: 1. Approve the attached documents for 2362 Ana Tree Place (Receptor 9) and 2392 Apple Tree Drive (Receptor 21) including the Project Implementation Agreement and Memorandum of Project Implementation Agreement, and authorize the Mayor, the City Manager/Executive Director or the Assistant City Manager/Assistant Executive Director to execute the agreement on behalf of the City and Agency, in a form substantially consistent with the attached and subject to approval by the City Attorney; and 2. Appropriate $15,895 from unappropriated funds from the CFD 06-01 Fund (434) to the Tustin Ranch Road Extension Project Capital Improvement Program Fund between Walnut Avenue and Valencia Avenue (CIP No. 70100). 18. AWARD OF CONTRACT FOR TUSTIN RANCH ROAD GRADING AND STORM DRAIN PROJECT (CIP NO. 70100 AND 70206) Staff is requesting that the construction contract be awarded for the Tustin Ranch Road Grading and Storm Drain Project (CIP No. 70100 and 70206) from Walnut Avenue to Warner Avenue to the lowest responsive/responsible bidder. City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 10 of 14 Recommendation: That the City Council and Tustin Community Redevelopment Agency award the construction contract for the Tustin Ranch Road Grading and Storm Drain Project (CIP No. 70100 and 70206) from Walnut Avenue to Warner Avenue to the lowest responsive/responsible bidder, Sandoval Pipeline Engineering, in the amount of $12,623,788.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. 19. APPROVAL OF PRE -QUALIFICATION PACKAGE FOR TUSTIN RANCH ROAD, VALENCIA AVENUE, AND PARK AVENUE EXTENSION AND LEGACY ROAD, PHASE 2 ROADWAY IMPROVEMENTS CONSTRUCTION PROJECT, PROJECT CIP NOS. 70100, 70206, 70204, 70214 & 70215 Staff has prepared a Pre -qualification Package for the Tustin Ranch Road, Valencia Avenue, and Park Avenue Extension and Legacy Road, Phase 2 Roadway Improvements Construction Project, Project CIP Nos. 70100, 70206, 70204, 70214 & 70215. The package includes a standard questionnaire and financial statement, a uniform system of rating bidders based upon objective criteria, and an appeal procedure which will allow a contractor to appeal decisions that they are not qualified to bid. Recommendation: That the City Council and Tustin Community Redevelopment Agency, by minute order, approve the Pre -qualification Package for the Tustin Ranch Road, Valencia Avenue, and Park Avenue Extension and Legacy Road, Phase 2 Roadway Improvements Construction Project, Project CIP Nos. 70100, 70206, 70204, 70214 & 70215. 20. APPROVAL OF PRE -QUALIFICATION PACKAGE FOR CONSTRUCTION OF THE TUSTIN FIRE STATION #37 PROJECT Staff has prepared a Pre -qualification Package for construction of the Tustin Fire Station #37 project. The package includes a standard questionnaire and financial statement, a uniform system of rating bidders based upon objective criteria, and an appeal procedure which will allow a contractor to appeal decisions that they are not qualified to bid. Recommendation: That the City Council, by minute order, approve the Pre - qualification Package for construction of the Tustin Fire Station #37 project. 21. STATUS REPORT ON REDEVELOPMENT AGENCY PROJECTS Redevelopment Agency staff provides on a monthly basis an update of redevelopment related projects. Recommendation: Receive and file. 22. APPROPRIATION LIMIT FOR FISCAL YEAR 2011/2012 Article XIII B of the State Constitution requires each City to annually adopt a City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 11 of 14 limit on appropriations for all governmental funds. The following recommendation and attached worksheets are based on the Proposed Budget as presented to the City Council. Recommendation.- 1. ecommendation: 1. Select the change in the California per Capita Personal Income as the price factor for adjusting the Fiscal Year 2011/2012 appropriations limit. 2. Adopt Resolution No. 11-52 setting the appropriation limit for Fiscal Year 2011/2012 at $65,018,020. RESOLUTION NO. 11-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2011-2012 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 25 through 29) 23. CONSTRUCTION AND BUSINESS LICENSE FEE WAIVER POLICY On July 5, 2011, the City Council conducted a budget workshop and identified its desire to encourage residential and commercial development, and to complement revitalization activities by waiving fees/licenses during Fiscal Year 2011-2012 or up to $750,000. If adopted, Resolution No. 11-54 would establish a policy to implement the fee waiver. Recommendation: That the City Council adopt Resolution No. 11-54 adopting a Construction and Business License Fee Waiver Policy. RESOLUTION NO. 11-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING A CONSTRUCTION AND BUSINESS LICENSE FEE WAIVER POLICY 24. RESOLUTION NO. 11-53 & RDA RESOLUTION NO. 11-02 APPROPRIATING FUNDS FOR VARIOUS CITY BUDGETS FOR THE FISCAL YEAR 2011/2012 The City Council is requested to approve the attached Resolution adopting the budgets for the City and the Water Enterprise for Fiscal Year 2011/2012. Recommendation.- City ecommendation: City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 12 of 14 1. Adopt Resolution No. 11-53 adopting the City budget and appropriating from the anticipated revenues of the City for fiscal year 2011/2012 Governmental Funds of $75,447,622; Special Revenue Funds, $37,895,180; and the Water Enterprise Funds, $30,288,200; and the City's FY 2011/2012 Classification/Compensation Plan; and 2. Adopt Resolution No. RDA 11-02, a Resolution of the Board of Directors of the Community Redevelopment Agency of the City of Tustin, adopting the Agency's 2011/2012 Budget of $53,626,957. RESOLUTION NO. 11-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2011- 2012 RDA RESOLUTION NO. 11-02 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE AGENCY BUDGET AND APPROPRIATING FROM ANTICIPATED REVENUE OF THE AGENCY FOR THE FISCAL YEAR 2011-2012 25. OLD TOWN FAMILY FUN NIGHT On July 5, 2011, staff provided City Council an update to the Conditional Use Permit application for Old Town Family Fun Night — a proposed street fair for every Thursday night from 4:00 p.m. to 8:00 p.m. along EI Camino Real between Sixth Street and Main Street. After Council discussion, staff was directed to evaluate the utilization of City Forces to augment the implementation of the event and the use of third party volunteers to support and offset certain event costs associated with the use of public street right-of-way. Staff has evaluated Council's direction and is presenting further information for consideration as is relates to the use of third party volunteers and the City's financial participation. Recommendation: Pleasure of the Council. 26. TUSTIN LEGACY DISPOSITION STRATEGY FOR THE FORMER MASTER DEVELOPER FOOTPRINT — CONFIRMATION OF EXPERT PANELS ON EARLY DISPOSITION PACKAGES The City Council at its special meeting on April 25, 2011 confirmed a revised Tustin Legacy Disposition Strategy for the former Master Developer Footprint. Staff is now returning with a recommendation for specific screening expert panels to proceed with the initial marketing and solicitation on early Disposition Packages. Recommendation: That the City Council: City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 13 of 14 1. Confirm the proposed Expert Panels for developer screening of certain initial Disposition Packages and authorize staff to select and add future panelists to any Expert Panel in the event a time conflict occurs for a panelist when developer interviews are scheduled. 2. Confirm the criteria to be used in initial developer interviews. 27. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, August 2, 2011 at 5:30 for Closed Session Meeting followed by the Regular Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Redevelopment Agency July 19, 2011 Meeting Agenda Page 14 of 14