HomeMy WebLinkAbout00 AGENDA 11-19-01CALL TO ORDER
AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF TUSTIN
NOVEMBER 19, 2001
CLOSED SESSION - 5:30 P.M.
PUBLIC SESSION - 7:00 P.M.
CLOSED SESSION - 5:30 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); (2) Significant Exposure to litigation, Government Code Section
54956.9(b) (claims of Arthur Masaoka and Amy Harchol), the claims may be reviewed in the.
City Clerk's Office; and (3) Conference with Real Property Negotiator (Government Code
Section 54956.8). Property: 1021 Edinger Avenue, abandoned RR spur (Assessor Parcel
No. 430-252-07), 1221 Edinger Avenue, 1221 Edinger Avenue, and 1231 Edinger Avenue.
Negotiators: Assistant City Manager or Designee (City) and Tustin Community
Redevelopment Agency, AA&E Pacific Park Associate, Dr. Herbert Kaufman, Sammual
Russell Trust, and George Young and William Young (Property Owners or Agents). Under
negotiation: Price and terms of payment.
REGULAR MEETING- 7:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Captain Lee Lescano, Salvation Army Church
ROLL CALL
CLOSED SESSION REPORT
PROCLAMATION - Tustin Tiller Days Committee; and Tommy McCraken and Tom Pascoe,
Flag Donation
Agenda - City Council November 19, 2001 - Page I
PRESENTATION - Holiday Blood Drive
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
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. A speaker may
not relinquish her/his time to another speaker. A Public Input portion is provided both at the
beginning and end of the meeting.
PUBLIC HEARING (ITEM 1 )
,
CONTINUED PUBLIC HEARING FOR ORDINANCE NO. 1232 AND DESIGN
GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES
AND IN THE PUBLIC RIGHT-OF-WAY
Ordinance No. 1232 and the Design Guidelines for Aboveground Utility Facilities on
Public Properties and in the Public Right-of-Way would establish regulations pertaining to
the installation of aboveground utility facilities on public properties such as City parks,
City Hall, commuter rail station, and in the public rights-of-way. On May 7, 2001, October
1, 2001, October 15, 2001, and November 5, 2001, the City Council continued this item
to allow for additional input from utility providers.
Recommendation by the Community Development Department:
,
Adopt the following Resolution No. 01-93 adopting the Final Negative Declaration as
adequate for Ordinance No. 1232 and the Design Guidelines for Aboveground Utility
Facilities on Public Properties and in the Public Right-of-Way:
RESOLUTION NO. 01-93- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AS
ADEQUATE FOR THE ADOPTION OF ORDINANCE NO. 1232 AND THE DESIGN
GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC
PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY
,
Introduce and have first reading by title only of the following Ordinance No. 1232
approving an amendment to Part 6 Chapter 2 of Article 7 of the Tustin City Code
related to Design Review for the installation of aboveground utility facilities on public
properties and in the public right-of-way'
ORDINANCE NO. 1232- AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING PART 6, CHAPTER 2 OF ARTICLE
7 OF THE TUSTIN CITY CODE TO ESTABLISH DESIGN REVIEW OF
ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE
PUBLIC RIGHT-OF-WAY
A§enda - City Council November :~ 9, 2001 - Pase 2
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Adopt the following Resolution No. 01-95 amending Resolution No. 99-84 related to
Design Guidelines for Aboveground Utility Facilities on Public Properties and in the
Public Right-of-Way:
RESOLUTION NO. 01-95- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION NO. 99-84 By
ADOPTING DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES
AND THEIR ACCESSORY EQUIPMENT ON PUBLIC PROPERTY AND IN THE
PUBLIC RIGHT-OF-WAY
CONSENT CALENDAR (ITEMS 2 THROUGH 11 )
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- NOVEMBER 5, 2001 REGULAR MEETING
Recommendation' Approve the City Council Minutes of November 5, 2001.
.
APPROVAL OF DEMANDS
Recommendation' Approve Demands in the amount of $1,826,019.70.
.
HOLD HARMLESS AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT
REGARDING EXISTING WATERLINE EASEMENT AT RED HILL ELEMENTARY
SCHOOL
Recommendation' Approve the Hold Harmless Agreement with Tustin Unified School
District and authorize the Mayor and the City Clerk to execute said agreement as
recommended by the Public Works Department/Water Division.
.
CONTRACT AMENDMENT FOR CUSTODIAL SERVICES WITH PACIFIC BUILDING
CARE
Recommendation' Approve the third amendment to the contract Agreement with Pacific
Building Care for the City of Tustin's custodial services as recommended by the Public
Works Department/Engineering Division.'
.
RESOLUTION NO. 01-107- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION 'OF NOTICE OF COMPLETION FOR TRAFFIC
SIGNAL INSTALLATION AT PIONEER ROAD AND PIONEER WAY (CIP NO. 4060)
Recommendation: Adopt Resolution No. 01-107 accepting the installation of the traffic
signal at Pioneer Road and Pioneer Way and authorizing the recordation of the Notice of
Completion, and direct the City Clerk to: 1. Release the Labor and Materials Bond not
sooner than thirty-five (35) days after the date of recordation of the Notice of Completion;
and 2. Release the Faithful Performance Bond not sooner than one year after the date of
recordation of the Notice of Completion. Assuming no claims or stop notices are filed, 35
days after the date of recordation of the Notice of Completion, the City Council authorize
payment of the final 10% retention in the amount of $12,970.91 to F. J. Johnson, Inc. as
recommended by the Public Works Department/Engineering Division.
Agenda - City Council November 19, 2001 - Page 3
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10.
11.
RESOLUTION NO. 01-110- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, SUPPORTING PARTICIPATION AND CONTINUATION IN
THE ORANGE COUNTY SERVICE AUTHORITY FOR ABANDONED VEHICLES
Recommendation: Adopt Resolution No. 01-110, supporting the ten-year continuation of
the abandoned vehicle abatement program and plan adopted and implemented by the
Orange County Service Authority for Abandoned Vehicles as recommended by the
Community Development Department.
RESOLUTION NO. 01-108- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR AUTHORIZED
DESIGNEE TO COORDINATE, PROCESS, AND EXECUTE THE HISTORIC
PROPERTY PRESERVATION AGREEMENT ATTACHED HERETO AS EXHIBIT I
WITH THE OWNERS OF THE PROPERTY LOCATED AT 365 WEST SIXTH STREET,
TUSTIN, CALIFORNIA
Recommendation: Adopt Resolution No. 01-108 authorizing the execution of an Historic
Property Preservation Agreement (Mills Act Contract) with Kenneth and Barbara Ezell,
the owners of the residence' located at 365 West Sixth Street as recommended by the
Community Development Department.
AMEND THE CITY'S CLASSIFICATION AND COMPENSATION PLANS AND
APPROVE TRAINING PAY FOR CERTAIN CLASSIFICATIONS IN THE TUSTIN
POLICE SUPPORT SERVICES ASSOCIATION
Recommendation by the Human Resources Department:
,
Adopt the revised class specification for the classification of Property and
Evidence Technician/Property and Evidence Leadworker.
2. Adopt the following Resolution No. 01-109 amending the City's Classification and
Compensation Plans to increase the compensation of Property and Evidence
Leadworker by one percent (1%) effective at the beginning of the pay period
closest to November 19, 2001:
RESOLUTION NO. 01-109- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY'S CLASSIFICATION
AND COMPENSATION PLANS
,
Authorize the City to establish training pay for eligible employees of the TPSSA
bargaining unit in an amount not to exceed $50.00 per month.
PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION
FUNDS (ASSEMBLY BILL 2766) PROGRAM
Recommendation: 1. Authorize the use of City AB 2766 fund for the Tustin Commuter
Rail Station; and 2. Authorize the City Manager to approve additional AB 2766
expenditures, consistent with Air Quality Management District guidance, throughout the
2001/2002 program year as needed as recommended by the Community Development
Department.
PLANNING COMMISSION ACTION AGENDA- NOVEMBER 13, 2001
All actions of the Planning Commission become final unless appealed by the City Council
Agenda - City Council November !9, 200! - Page 4
or member of the public.
Recommendation: Ratify the Planning Commission Action Agenda of November 13,
2001.
REGULAR BUSINESS ( ITEMS 12 THROUGH 14 )
12. ORDINANCE NO. 1250 - TRAFFIC REGULATIONS
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 53300), 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 Office of the City Clerk:
Have second reading by title only and adoption of the following Ordinance No. 1250 (roll
call vote).
ORDINANCE NO. 1250- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, CHAPTER 3, SECTION 5300, ET
SEQ. OF THE TUSTIN CITY CODE PERTAINING TO TRAFFIC REGULATIONS
13. ORDINANCE NO. 1249 - TOW TRUCKS
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 Office of the City Clerk:
Have second reading by title only and adoption of the following Ordinance No. 1249 (roll
call vote)':
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
14.
ESTABLISHMENT OF SIGN REMOVAL COST RECOVERY FEES AND ORDINANCE
NO. 1246- AMENDING CITY COE SECTION 9405g
Agenda - City Council November J. 9, 2001 - Page 5
Ordinance No. 1246 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
tho costs from tho person responsible for the placement of such signs, through an
administrative procedure. Resolution No. 01-111 establishes the recovery costs.
Recommendation by the Community Development Department:
,
Adopt the following Resolution No. 01-111, establishing the recovery costs
associated with removal and disposal of illegally placed signs on public property or
easements:
RESOLUTION NO. 01-111 -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ESTABLISHING THE RECOVERY COSTS
ASSOCIATED WITH THE REMOVAL AND DISPOSAL OF ILLEGAL SIGNS ON
PUBLIC PROPERTY OR EASEMENTS
,
Have second reading by title only and adoption of the following Ordinance No. 1246,
amending City Code Section 9504g (roll call vote)'
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
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 ~')irectors 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 City Council has scheduled a special meeting on Tuesday,
November 27, 2001, at 12:00 p.m.; and the next regular meeting of the City Council is
scheduled' for Monday, December 3, 2001, at 7:00 p.m. in the Council Chamber at 300
Centennial Way.
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A§enda - City Council November 19, 2001 - Pase 6