HomeMy WebLinkAboutCC MINUTES 2011-07-19MINUTES
OF THE SPECIAL MEETING
OF THE CITY COUNCIL
JULY 19, 2Q11
4:30 P.M.
CALL TO ORDER -Meeting #2267 at 4:39 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
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
Ballots were cast by Council to fill one seat on the Audit Commission as follows:
Amante: Ammann
Nielsen: Ammann
Gavello: Berkheimer
Gomez: Berkheimer
Murray: Ammann
City CouncillRedevelopment Agency July 19, 2011
Minutes Page 1 of 18
City Clerk Services Supervisor Estrella reported the ballot tally as follows: Ammann (3
votes), Berkheimer (2 votes). Robert Ammann was appoin#ed Audit Commissioner by
majority vote.
ADJOURNED TO CLOSED SESSION at 4:45 p.m.
City Council/Redevelopment Agency July 19, 2011
Minutes Page 2 of 18
MINUTES
OF THE SPECIAL CLOSED SESSION
OF THE CITY COUNCIL
JULY 19, 2011
CALL TO ORDER -Meeting #2267 at 4:45 p.m.
ATTENDANCE
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Patricia Estrella, City Clerk Services Supervisor
Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland,
City Attorney
PUBLIC INPUT -None
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:
Em plo yee Org anization:
Emp lo yee Org anization:
Emp lo yee Org anization:
Employee Organization:
Em ploy ee Org anization:
Em ploy ee Org anization:
Em ploy ee Org anization:
Emp loy ee Org anization:
[Government Cade 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
City CouncillRedevelopment Agency
Minutes
July 19, 2011
Page 3 of 18
D. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION [Govt. Code §
54956.9(a)] -One Case
• Tustin Unified School District v. City of Tustin et al., Case No. 30-2010-
00345476, Orange County Superior Court
• SEMA Construction, Inc. v. City of Tustin, OCSC Case No. 00101147
RECESSED AT 5:46 p.m.
RECONVENED AT 7:03 p.m.
City Council/Redevelopment Agency July 19, 2011
Minutes Page 4 of 18
MINUTES
OF THE REGULAR MEETING OF THE
JOINT CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY
7:00 P.M.
CALL TO ORDER -Meeting #2267 at 7:03 p.m.
INVOCATION -Jeff Hetschel, OCFA Battalion 5
PLEDGE OF ALLEGIANCE -Mayor Amante
ROLL CALL -City Clerk
Present: Mayor/Chair Jerry Amante, Mayor Pro Tem/Chair Pro Tem John
Nielsen, and Councilmembers/Agencymembers Deborah Gavello,
Rebecca "Beckie" Gomez and AI Murray
Absent: None
City Clerk: Pamela Stoker, City Clerk
Others Present: William A. Huston, Interim City Manager, and Douglas C. Holland,
City Attorney
CLOSED SESSION REPORT -City Attorney Douglas C. Holland
City Council did approve a settlement of a portion of the SEMA v City of Tustin litigation;
details of that settlement will be disclosed once settlement has been finalized and is filed
with the Ci#y Clerk's office.
PRESENTATIONS
• Officer Eric Kent, Auto Theft Advisory Committee (A.T.A.C.) Orange County
Vehicle Theft 2010 Recovery Officer of the Year Award
ORAL COMMUNICATIONIPUBLIC INPUT -
• Jeff Thompson
• Chuck Horvath
• Albert Hernandez
• Stephen Ignatius
• Erick Conche
• Pam Gooderham
City Council/Redevelopment Agency July 19, 2011
Minutes Page 5 of 18
PUBLIC HEARING ITEMS 1-2
1. APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE
DESIGN REVIEW 09-033
• Presentation by Elizabeth Binsack, Director of Community Development
• Presentation by Paul Gerst, Sequoia T-Mobile and Joe Thompson, T-
Mobile
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
No. 41fi3 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.
The public hearing opened at 7:35 p.m.
• Sharon Komorous
• Ricardo Silvestre
• Brandon Key
• Lisa Cappel Brown
• Jennifer Weirks
• Nancy Smith
• David Bessen
• Tanya Zaverl
The public hearing closed at 9:Ofi p.m.
RECESSED at 9:07 p.m.
RECONVENED at 9:17 p.m.
Motion: It was moved by Mayor Amante and seconded by Councilmember
Gavello to continue the item to the October 18, 2011 City Council meeting.
Motion carried 4-1 (Mayor Pro Tem Nielsen dissenting}
RESOLUTION NO. 11-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
City Council/Redevelopment Agency July 19, 2011
Minutes Page 6 of 18
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.
RECESSED AT 9:56 p.m.
RECONVENED AT 10:05 p.m.
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.
The public hearing opened at 10:06 p.m.
The public hearing closed at 10:06 p.m. with no comments
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.
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen to continue the item to the August 2, 2011 City Council meeting.
Motion carried 5-0
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 RN
EASEMENT BETWEEN RED HILL AVENUE AND NEWPORT AVENUE
REGULAR BUSINESS ITEM 3
3. ADOPTION OF ORDINANCES COMPLYING WITH PROVISIONS OF
ASSEMBLY BILL X1 27 ("AB 27"} AND ELECTING TO IMPLEMENT
PARTICIPATION BY THE TUSTIN COMMUNITY REDEVELOPMENT
City CouncillRedevelopment Agency July 19, 2011
Minutes Page 7 of 18
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.
Motion: It was moved by Councilmember/Agencymember Gavello and
seconded by Mayor Pro Tem/Chair Pro Tem Nielsen that the City Council
adopt Urgency Ordinance No. 1404, by at least afour-fifths vote and 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.
Motion carried 5-0
Motion: It was moved by Councilmember/Agencymember Gavello and
seconded by Councilmember/Agencymember Murray that the City Council
introduce Ordinance No. 1405 for first reading by title only and 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.
Motion carried 5-0
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/STHS VOTE
City Council/Redevelopment Agency July 19, 2011
Minutes Page 8 of 18
REQUIRED
ORDINANCE NO. 1405
AN 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
CONSENT CALENDAR ITEMS 4-22
It was moved by Councilmember/Agencymember Murray and seconded by
Councilmember/Agencymember Gavello to pull consent items 7, 8, 9, 10, 11, and 18 and
to approve the balance of the consent calendar items as recommended by staff.
Motion carried 5-0
4
5
6
7.
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.
City Council/Redevelopment Agency July 19, 2011
Minutes Page 9 of 18
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen to receive and file.
Motion carried 4-1 (Councilmember Gavello dissenting)
8. CITY FINANCING INITIATIVE - ENERGY EFFICIENCY INCENTIVE
PROGRAM (EEIP) PERMIT FEE REBATE
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.
Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro
Tem Nielsen to receive and file.
Motion carried 5-0
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).
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen 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 far
condominium purposes.
Motion carried 4-1 (Councilmember Gavello dissenting)
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}
City CounciURedevelopment Agency July 19, 2011
Minutes Page 10 of 18
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.
Motion: It was moved by Councilmember Gavello and seconded by Mayor Pro
Tem Nielsen that the City Council:
Adopt Resolution No. 11-50 accepting the Centennial Park Intermediate
Playground Replacement (CIP No. 20065), and
2. Authorize the City Clerk to file the Notice of Completion with the County
Recorder's office.
Motion carried 5-0
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.
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen 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.
Motion carried 4-1 (Councilmember Gavello dissenting)
12. APPROVE AMENDMENT NO. 2 TO THE AGREEMENT WITH BARR
ENGINEERING, INC. FOR HVAC SYSTEMS MAINTENANCE AND REPAIR
SERVICES.
City CouncillRedevelopment Agency July 19, 2011
Minutes Page 11 of 18
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.
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.
City CouncillRedevelopment Agency July 19, 2011
Minutes Page 12 of 18
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
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 andlor 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:
City Council/Redevelopment Agency July 19, 2011
Minutes Page 13 of 18
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.
Public Input: Hema C. Bhamre, Soil Retention Systems, Inc.
Dean Sandri, Anchor Wall Systems
Steve Miller, Ladera Systems
Motion: It was moved by Councilmember/Agencymember Gavello and
seconded by Councilmember/Agencymember Murray to continue the item to the
August 2, 2011 City Council meeting.
Motion carried 5-0
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, 70200, 70204, 70214 & 70215
Staff has prepared aPre-qualification Package for the Tustin Ranch Raad,
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,
City CouncillRedevelopment Agency July 19, 2011
Minutes Page 14 of 18
70206, 70204, 70214 & 70215.
20. APPROVAL OF PRE-QUALIFICATION PACKAGE FOR CONSTRUCTION OF
THE TUSTIN FIRE STATION #37 PROJECT
Staff has prepared aPre-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 an 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
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. 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
201112012 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 x111 B OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE
REGULAR BUSINESS ITEMS 23-27
23. CONSTRUCTION AND BUSINESS LICENSE FEE WAIVER POLICY
On July 5, 2011, the City Council conducted a budget workshop and identified
City CounciURedeveiopmentRgency July 19, 2011
Minutes Page 15 of 18
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.
Motion: It was moved by Mayor Amante and seconded by Mayor Pro Tem
Nielsen that the City Council adopt Resolution No. 11-54 adopting a
Construction and Business License Fee Waiver Policy with clarification to be
added to Exhibit A regarding fees that are exempt or non-exempt. This policy
will be effective July 20, 2011.
Motion carried 5-0
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.
Motion: It was moved by Mayor Pro Tem/Chair Pro Tem Nielsen and seconded
by Mayor/Chair Amante that the City Council 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 that the
Redevelopment Agency 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.
Motion carried 5-0
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
City CouncillRedevelopment Agency July 19, 2011
Minutes Page 16 of 18
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.
Public Input: Kim DeBenedetto
Elwood Boosey
Motion: It was moved by Mayor Amante and seconded by Councilmember
Gavello to continue the item to the September 6, 2011 City Council meeting.
Motion carried 5-0
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.
Motion: It was moved by Councilmember Murray and seconded by Mayor Pro
Tem Nielsen that the City Council:
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.
Motion carried 4-1 (Councilmember Gavello dissenting)
27. LEGISLATIVE REPORT -None
At this time, the City Council may take the opportunity to discuss current
legislation of interest.
OTHER BUSINESS/COMMITTEE REPORTS -None
City CouncillRedevelopment Agency July 19, 2011
Minutes Page 17 of 18
ADJOURNED at 11:36 p.m. -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.
;-
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~`~~_~~ERRY Ale/IAN~`E,
Mayor
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PAMELA STOKE.~^,
City Clerk
City Council/Redevelopment Agency
Minutes
July 19, 2011
Page 18 of 18