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Home My WebLink About00 AGENDA 11-05-01CALL TO ORDER AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN NOVEMBER 5, 2001 CLOSED SESSION - 5:00 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:00 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 closed 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 Ana Unified School District, et al. v. City of Tustin, et al., Case Number 01CC02595 (state court matter), and 3. Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number CV-01-3426 W JR (CTX) (federal court matter); and (2) to confer with the City Attorney pursuant to Government Code Section 94956.9(b) and (c), significant exposure to litigation and initiation of litigation (3 cases). REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Mayor Pro Tem Thomas ROLL CALL CLOSED SESSION REPORT PROCLAMATION - None FIRST 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 digital recording of the meeting can be attributed to you. When you start to address the City Council, please state Agenda - City Council November 5, 2001 - Page 1 your full name for the record. Total time allotted for public input on non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. ^ speaker may not relinquish her/his time to another speaker. ^ Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARING (ITEMS 1 THROUGH 2 ) 1. CODE AMENDMENT 01-004 - SIGN REMOVAL COST RECOVERY Code Amendment 01-004 is an amendment to Subsection g of Section 9405 of the Tustin City Code to allow the City to remove illegal signs placed on public property and to recover the costs from the person responsible for the placement of such signs, through an administrative procedure. On October 8, 2001, the Planning Commission recommended that the City Council approve Code Amendment 01-004. Recommendation by the Community Development Department: · Adopt the following Resolution No. 01-102 approving the Final Negative Declaration for the project: RESOLUTION NO. 01-102- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 01-004 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 Have first reading by title only and introduce the following Ordinance No. 1246, approving Code Amendment 01-004: ORDINANCE NO. 1246- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION g OF SECTION 9405 OF THE TUSTIN CITY CODE RELATING TO ABATEMENT OF ILLEGAL SIGNS IN THE PUBLIC RIGHT-OF-WAY m ORDINANCE NO. 1232 AND DESIGN GUIDELINES FOR ABOVEGROUND UTILITY .FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY On October 1, 2001, and October 15, 2001, the City Council considered Ordinance No. 1232 and Design Guidelines to establish a design review process and design criteria for abovegmund utility facilities and their accessory equipment located on public properties and in the public right-of-way. Given public input, the City Council continued the public hearing until November 5, 2001. To ensure that all comments are addressed and allow staff to meet with utility and wireless providers, staff recommends that the public hearing be continued to November 19, 2001. Recommendation by the Community Development Department: Continue this item to the November 19, 2001 City Council meeting. Agenda - City Council November 5, 2001 - Page 2 CONSENT CALENDAR (ITEMS 3 THROUGH 12 ) All matters listed under Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Council, staff or public request specific items be discussed and/or removed from the Consent Calendar for separate action. APPROVAL OF MINUTES- OCTOBER 15, 2001 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 15, 2001. m APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,726,113.20 and ratify Payroll in the amount of $879,099.88. 5~ FINAL TRACT MAP 15993 (TUSTIN RANCH ESTATES) Recommendation by the Community Development Department: · Adopt the following Resolution No. 01-104 accepting an easement from the County of Orange for street and highway purposes: RESOLUTION NO. 01-104- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING AN EASEMENT DEED GRANTED TO THE CITY OF TUSTIN BY THE COUNTY OF ORANGE FOR PERPETUAL EASEMENT AND RIGHT-OF-WAY FOR STREET AND HIGHWAY PURPOSES . Adopt the following Resolution No. 01-105 approving Final Tract Map 15993' RESOLUTION NO. 01-105- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 15993 TO SUBDIVIDE AN 18.95 ACRE SITE INTO TWENTY-TWO (22) NUMBERED LOTS AND FOURTEEN (14) LETTERED LOTS FOR DEVELOPMENT OF TWENTY- TWO (22) RESIDENTIAL UNITS 1 CRIME SCENE INVESTIGATION (CSl)VEHICLE PURCHASE Recommendation: 1) Authorize the Police Department to enter into a contract with The Mattman Company-Specialty Vehicles Division for the purchase of a Crime Scene Investigations Vehicle at a cost of $108,388.00; and 2) authorize the Police Department to purchase specialized equipment for this vehicle not to exceed the remaining $22,762.00 of the grant funds. The specialized equipment will be used for the collection, storage, identification, preservation and examination of evidence from crime scenes collected by technicians assigned to conduct CSl for the Department as recommended by the Police Department. 1 RESOLUTION NO. 01-103- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORK OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION WATER SERVICES MAINTENANCE FACILITY- PROJECT NO. 6143 , Recommendation: Adopt Resolution No. 01-103 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. A§enda - City Council November 5,200~ - Pase 3 1 . 10. 11. 12. USED VEHICLE PURCHASE Recommendation: 1) Authorize the purchase of a 2000 Chevrolet Astro Van at a total cost of $18,965; and 2) Authorize the purchase of a 2001 Pontiac Bonneville at a total cost of $20,550 as recommended by the Police Department. RESOLUTION NO. 01-101 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REVISED CITY OF TUSTIN EMERGENCY PLAN Recommendation: Adopt Resolution No. 01-101 approving the City's Emergency Plan as recommended by the Public Works Department/Engineering Division. CLAIM OF SHEILA HOMER; CLAIM NO. 01-42 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. CLAIM OF CHRISTOPHER WENDELL; CLAIM NO. 01-39 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. AWARD OF CONTRACT TO PROVIDE METER READING SERVICES TO THE CITY'S WATER UTILITY Recommendation: 1) Authorize the .Finance Director to sign a five year agreement to provide Meter Reading and other customer services, as outlined in the City's request for Proposal, with American States Water Company for an estimated annual cost of $76,000; and 2) Appropriate $6,000 from the Unappropriated Fund Balance of the Water Enterprise fund to account no. 70-451-6036 as recommended by the Finance Director. REGULAR BUSINESS ( ITEMS 13 THROUGH 16) 13. REPEAL OF TUSTIN CITY CODE SECTIONS REGULATING TOW TRUCK OPERATORS A decision of the Federal Ninth Circuit prevents the City from enforcing its tow truck operation regulations, but allows the City to contract for official police tows. This ordinance repeals Tustin City Code Sections 3431 - 3436 regarding tow truck operator regulations and authorizes the Police Chief to enter into new Official Police Towing & Storage Service ("OPTS") agreements with qualified tow truck service providers. Recommendation by the City Attorney: Have first reading by title only and introduction of the following Ordinance No. 1249 repealing Tustin City Code Sections 3431 - 3436: ORDINANCE NO. 1249- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SECTIONS 3431 - 3436 OF CHAPTER 4, PART 3 OF THE TUSTIN CITY CODE RELATING TO TOW TRUCKS Agenda - City Council November 5, 2001 - Page 4 14. 15. ORDINANCE NO. 1247- AMENDING CITY CODE SECTION 5331n TO DESIGNATE THE FOLLOWING STREETS FOR PARKING BY PERMIT ONLY: NORTH SIDE OF MAIN STREET BETWEEN PASADENA AVENUE AND PACIFIC STREET; LORELIE LANE; AND MYRTLE AVENUE, MEDALLION AVENUE, CALIFORNIA STREET, PACIFIC STREET AND CORLA, NORTH OF MCFADDEN AVENUE The residents on the north side of Main Street between Pasadena Avenue and Pacific Street; Lorelie Lane; and on Myrtle Avenue, Medallion Avenue, California Street, Pacific Street, and Corla Avenue, north of McFadden Avenue have expressed concerns regarding an overflow of on-street parking from adjacent apartments. These residents have requested that the City establish overnight on-street permit parking and add the aforementioned streets as designated on-street permit parking zones. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1247 (mil call vote): ORDINANCE NO. 1247- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CITY CODE SECTION 5331n TO DESIGNATE THE FOLLOWING STREETS FOR PARKING BY PERMIT ONLY: NORTH SIDE OF MAIN STREET BETVVEEN PASADENA AVENUE AND PACIFIC STREET; LORELIE LANE; AND MYRTLE AVENUE, MEDALLION AVENUE, CALIFORNIA STREET, PACIFIC STREET AND CORLA, NORTH OF MCFADDEN AVENUE TUSTIN CITY CODE SECTION 5330, ET SEQ.- TRAFFIC REGULATIONS USE OF STREETS FOR STORAGE OF VEHICLES PROPOSED CODE AMENDMENT AND ADDITIONS The Tustin Police Department has been experiencing difficulty with enforcement of the local traffic regulations pertaining to the use of streets for storage of vehicles (Tustin City Code Section 5330, et seq.). Due to Code language ambiguity, the current regulations actually operate to allow vehicle owners to park their vehicles on City streets (i.e., within the same neighborhood) for extended periods of time without Police recourse. The proposed addition to the Tustin City Code, specifically Section 5330(j), is aimed at preventing the long term parking Of wide vehicles on City streets. The proposed addition to the Tustin City Code, specifically Section 5330(k), is aimed at preventing the use of City streets for the storage of non-motorized vehicles, trailers, and campers detached from their motorized vehicles. Such wide vehicles and trailers create visual obstructions for drivers and operate to limit the useable roadway. Recommendation by the City Attorney: Have first reading by title only and introduction of the following Ordinance No. 1250 amending Tustin City Code Section 5330(e) and adding Section 53300) and Section 5330(k)' ORDINANCE NO. 1250- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, CHAPTER 3, Agenda - City Council November 5,200:[ - Page 5 SECTION 5300, ET SEQ. OF THE TUSTIN CITY CODE PERTAINING TO TRAFFIC REGULATIONS 16. TUSTIN HIGH SCHOOL "EVERY FIFTEEN MINUTES" PROGRAM Tustin High School is seeking a contribution of $2,500 to cover the cost of implementing the "Every Fifteen Minutes" program at Tustin High School on March 19 & 20, 2002. Recommendation' Pleasure of the City Council. SECOND PUBLIC INPUT - At this time members of the public may address the City Council, the Tustin Community Redevelopment Agency, and any other City of Tustin agency, regarding any items not on the agenda and within the subject matter jurisdiction of the City Council acting as the City Council for the City of Tustin and as the Board of Directors for the Tustin Community Redevelopment Agency and any other. City of Tustin agency. 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 digital recording of the meeting can be attributed to you. Total time allotted for public input on non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the presiding officer. A speaker may not relinquish her/his time to another speaker. When you start to address the City Council, please state your full name for the record. OTHER BUSINESS - City Manager, City Attorney, City Council COMMITTEE REPORTS- City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, November 19, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council November 5, 2001 - Page 6