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Home My WebLink About00 AGENDA 08-06-01CALL TO ORDER 'AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN · AUGUST 6, 2001 CLOSED. SESSION - 6:00 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION -6:00 P.M. ROLL CALL PUBLIC INPUT- Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION - The City Council shall' convene in dosed'session to confer with the · City Attorney regarding (1) Pending litigation to which the City is a party 1. Garcia v. City of Tustin, Case Number 01CC02149 (state court matter); 2. Santa ^na Unified School District, et al. v. City of Tustin, et al., Case Number 01CC02595 (state court matter); and 3. Santa ^na Unified School District, et al. v. City of Tustin, et al., Case Number CV-01'-3426 W JR (CTX) (federal court matter); (2) Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3) (two. cases); the claim of Doris Allen can be reviewed in the City Clerk's office;' and (3) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: 1001 Edinger Avenue, 1201 Edinger Avenue, 1221 'Edinger Avenue, No Situs address, north side of Edinger, No Situs address, south side of Edinger, 14981 Edinger Avenue, 1622 Edinger Avenue, et al, 1301 Edinger Avenue, 1421 Edinger Avenue, 1422-1472 Edinger Avenue, 1221 Edinger Avenue,. and 1231 Edinger Avenue. Negotiators: Assistant City Manager or Designee (City) and Mutual Liquid Gas & Equipment, AAE Pacific Park Assoc., LLC, Herbert S~ 'Kaufman', Burlington Northern Santa Fe, Burlington Northern Santa Fe, Borchard Redhill (The Barn), Borchard Redhill (Pacific Gulf), Harvey Kates, et al, Mullin Lumber Company, Pacific Bell, Samuel Russell Trust, and William Young, et al (Property Owners or Agents). Under Negotiation: Price and Terms of Payment. REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Boy Scout Troop 323 INVOCATION - Reverend Bdan Kent, Aldersgate United Methodist Church ROLL CALL Agenda-CityC°uncilAugust6'2001-Page~~lT~~'~~l~~~~.~ ,, : . PROCLAMATION - None PUBLIC INPUT - At this time members of the public may address the..City Council regarding any items not on the agenda and within the subject matter jurisdiction of the City Council (NO ACTION can. be taken on off-agenda items unless authorized bY law). If you wish to address the City Council on any matter, please fill out one of the blue forms located on the speaker's podium and submit to the City Clerk so that your remarks on the .tape recording of the meeting can be attributed to you. When you start to address the City Council, please state your full name and address for the record. A Public Input portion is provided both at the beginning and end of the meeting. CLOSED SESSION REPORT PUBLIC HEARING (ITEMS 1 THROUGH 2) EXTENSION OF INTERIM ORDINANCE NO. 1241 FOR OFFICE USE CRITERIA IN THE CENTRAL COMMERCIAL ZONING DISTRICT On July 2,. 2001, the City Council adopted Interim Ordinance No. 1241 amending Sections 9233(a)(1)(g), 9233c(ff), and 9233(e) of Tustin City Code to clarify the intent of the office use criteria. This classification was needed to protect the public safety, health, and welfare and ensure that office uses will not proliferate in areas where commercial retail uses would be more compatible or desirable. The ordinance will be in effect for 45 days, or until August 16, 2001. The City Council may extend the Intedm Ordinance by a four-fifths vote for 10 months and 15 days following a public hearing on the matter. Since there will be throe (3) City Council members present on August 6, 2001, staff recommends that the item be continued to a special meeting at 1:00 p.m. on August 13, 2001, in the City Council Chamber. Recommendation by the Community Development Department: .. Continue the item to 1:00 p.m. on August 13, 2001, in the City Council Chamber. J RESOLUTION NO. '01-78 PLACING ASSESSMENTS COLLECTION ON THE 2001-2002 TAX ROLL FOR SOLID WASTE This is .a public hearing that is required prior to placing the proposed 2001-2002 residential trash foes onto the County Of Orange Property Tax Rolls. Recommendation by the Finance Director. Adopt the following Resolution. No. 01-78 placing assessments for solid waste collection for residential and manual can service units on the Tax Roll for fiscal year 2001-2002: RESOLUTION NO. 01-78- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ. OF HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, Agenda - City Council August 6, 2001 - Page 2 DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR. PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL CONSENT CALENDAR (ITEMS 3 THROUGH 16) All matters list~l under Consent Calendar am mnsider~d routine and will be enacted by one · motion. Them will be no separate discussion of these items prior to the time of the voting on the motion units meml~rs of the Council, staff or public request specific items I~ discusstml and/or removed from the Consent Calendar for Separate action. - 3~ APPROVAL OF MINUTES- JULY 16, 2001 SPECIAL AND REGULAR MEETING Recommendation: Approve the City Council Minutes of July 16, 2001. Se APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL · Recommendation: Approve 'Demands in the amount of $2,730,209.60 and ratify Payroll in the amount of $415,687.03. · . PLANNING COMMISSION ACTION AGENDA- JULY 23, 2001 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: 'Ratify the Planning Commission Action Agenda of July 23, 2001. 6~ AWARD OF CONTRACT FOR PAVEMENT REHABILITATION .FOR JAMBOREE ROAD FROM 1350 FEET NORTH OF TUSTIN RANCH ROAD TO 2750 FEET NORTH OF TUSTIN RANCH ROAD (CiP 7171) Recommendation: Award the construction contract for the pavement rehabilitation of Jamboree Road from 1350 feet north of Tustin Ranch Road to 2750 feet north of Tustin Ranch Road (ClP No. 7171) to Sequel Contractors, Inc., the Iow bidder in the amount of $768,673.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf'of the City .as recommended by the Public Works Department/Engineering Division. . RESOLUTION NO. 01-79- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN', CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROG~M AND' OVERALL ANNUAL GOAL OF .9% FOR FEDERAL FISCAL YEAR 200112002, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF' T~NSPORTATION (CALTRANS) Recommendation: Adopt Resolution No. 01-79, approving the Disadvantaged Business Enterprise (DBE) Program and Overall Annual DBE Goal of 9% for Federal Fiscal Year 2001/2002 as recommended by the Public Works Department/Engineering Division. 8~ 9~ SENIOR ADVISORY BOARD APPOINTMENT CONFIRMATION Recommendation: Confirm Marc Lopez and Jill Leach as recommended by the current members of the Senior Advisory Board, to fill two existing vacancies as recommended by Parks and Recreation Services. , DECLARATION OF SURPLUS EQUIPMENT Recommendation: 1) Declare equipment surplus and not required for public use, and 2) Authorize staff to have serviceable equipment auctioned and dispose of those assets Asenda - City Council Ausust 6, 2003. - Pase 3 10. 11. 12. 1'3. 14. 15. deemed beyond repair as .recommended by Parks and Recreation Services. ADOPTION OF ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY LITIGATION MANAGEMENT POLICIES AND PROCEDURES Recommendation: Adopt the Orange County Cities Risk Management Authority Litigation Management Policies and Procedures as a policy of the City of Tustin as recommended by the Finance Director. TUSTIN SPORTS PARK BALLFIELD RENOVATION Recommendation by Parks and Recreation Services: 1) Authorize the transfer of $5;000 from the Restricted Capital Maintenance Fund (50-000-2604/911500) to the project account (11-999-9535-205000) to fully fund the project and change orders for an infield irrigation system and additional sod; and 2)'Adopt the following Resolution No. 01-77, accepting said work as complete, authorize the recordation of the Notice Of Completion and direct the City Clerk to Release the Labor and Materials Bond no sooner than thirty- five days after the date of recordation of the Notice of Completion; and .release the Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion: RESOLUTION NO. 01-77 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING 'RECORDATION OF NOTICE OF COMPLETION FOR TUSTIN SPORTS PARK BALLFIELD RENOVATION AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF TUSTIN AND H&D ENTERTAINMENT, INC. Recommendation: Approve Amendment No. 3 between the City and H&D Entertainment, inc. as recommended by Parks and Recreation Services. RESOLUTION NO. 01-80- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR WELL PORTABLE GENERATORS Recommendation: Adopt Resolution No. 01-80, approving the specifications for the. portable generators. (CIP. No. 6140) and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Water Services Division. RESOLUTION NO. 01-81 -A RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF TUSTIN, CALIFORNIA, PROVIDING NOTICE OF ITS INTENTION TO ENFORCE FEDERAL COMMUNICATIONS COMMISSION CUSTOMER SERVICE STANDARDS FOR CABLE TELEVISION OPERATIONS WITHIN THE CITY Recommendation: Adopt Resolution N°. 01-81 providing notice .of the City Council's intention to enforce Federal Communications Commission customer service standards for cable television operations within the City as recommended by the City Attorney. CLAIM OF NIOMI JOHNSON; CLAIM NO. 01-32 Recommendation: Deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys as recommended by the City Attorney. Agenda - City Council August 6, 2001 - Page 4 16. MOTION TO APPROVE A RETAINER AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND DOCUMENTS REGARDING SUBSTITUTION OF' COUNSEL WITH COX, CASTLE & NICHOLSON, LLP REGARDING EXISTING LITIGATION, EL 'TORO REUSE PLANNING AUTHORITY V. COUNTY OF ORANGE Recommendation: Authorize the City Manager to execute the agreement on behalf of the' City and appropriate documents regarding substitution of' Counsel as recommended by the City Attorney. REGULAR BUSINESS (ITEMS 17 THROUGH 19 ) 17. ORDINANCE NO. 1240- APPROVING CODE AMENDMENT 00-001 Code Amendment 00-001 Provides development standards for driveways for residential, commercial, and industrial properties. Recommendation by the City Clerk's Office: · Have second reading by title only and adoption of Ordinance No. 1240 (roll call vote): ORDINANCE NO. 1240- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 00-001, AN AMENDMENT TO TUSTIN CITY CODE ARTICLE 9 CHAPTER 2 BY ADDING SECTIONS 9221.a. l(j), '9222.a. l(j), 9223.a. 1 (j), 9224.g.9, 9225.a. l(h), 9225.a.2(j), 9225.b. l(j), 9225.b.2(k), 9226.a. 1(k),9226.a.2(k), 9226.b.2(i), 9226.b.3(k),9226.b.4(i), 9226.b.5(j), 9226. b.6(i), 9227.b. 12, 9228.b.4(k), 9228.b.5(j), 9228.c.8, 9231.b.9, 9232. b(j)(10), 9232.b(k)(8), 9232.c(2)(g), 9233. b(7), 9233(c)(m)(10), 9234.b(h), 9234.d(h), 9234.e(i), 9235.f(9), 9241.c(j); 9242.c(d), 9271.bb, AND 9299. b.(1)(h) RELATED TO DRIVEWAYS STANDARDS, AND AMENDING SECTION 9297 TO INCLUDE DEFINITIONS FOR A DRIVEWAY AND PAVED AREA 18. ORANGE COUNTY REDISTRICTING Councilmember Bone requested this item be agendized for discussion. Recommendation: Pleasure of the City Council. 19. · ORDINANCE OF THE CITY couNcIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 1306 OF THE TUSTIN CITY CODE The .pmpoSed amendment to the Tustin City Code conforms to provisions of state law that enable a local agency to require that minutes be kept of closed sessions (Government Code Section '54957.2). The amendment eliminates the local requirement to tape record closed sessions. Recommendation by the City Attorney: Agenda - City Council August 6, 2003. - Page 5 Introduce and have first reading by title only of the following .Ordinance No. 1243, amending Section 1306 of the Tustin City Code: AN 'ORDINANCE OF THE. CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, /~IENDING SECTION 13IX1 OF THE TUSTIN CI'I'~ CODE PUBLIC INPUT - At this time members of the public may address the City Council regarding any items not on the agenda and within the subject matter jurisdiction of the City Council (NO ACTION can be taken on off-agenda items unless authorized by law). If you wish to address the City Council on any matter, please fill out one of the blue forms located on the speaker's podium and submit to the City Clerk so that your remarks on the tape recording of the meeting can be attributed to you. When you start to address the City Council, please state your full name and address for the record. A Public Input portion is provided both at the beginning and end of the meeting. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT- The City Council has scheduled a special meeting on Monday, August 13, 2001, at I p.m. in the City Council Chamber; and the next regular meeting of the City Council is scheduled for Monday, August 20, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council August 6, 2001 - Page 6 · ·