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Home My WebLink About00 AGENDA 05-06-02 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN MAY 6, 2002 CLOSED SESSION - 5:00 P.M. PUBLIC SESSION - 7:00 P.M. CALL TO ORDER 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); 2) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: former Marine Corps Air Station, Tustin. Negotiators: future unknown developers and City Manager or Designee (City). Under negotiation: Price and terms of payment; and 3) Conference with Real Property Negotiator (Government Code Section 54956.8). Property: former Marine Corps Air Station, Tustin. Negotiators: Department of Navy and City Manager or Designee (City). Under negotiation: Price and terms of payment. REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Pastor Linda Counts, Kings Way Foursquare Church of Tustin ROLL CALL CLOSED SESSION REPORT PROCLAMATION - 1) Jim Palmer, Community Service; and 2) City of Tustin's 75th Anniversary Kick Off Agenda - City Council May 6, 2002- Page 1 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 (ITEMS 1 THROUGH 2 ) 1. CODE AMENDMENT 02-004 - NOTIFICATION DISTANCE OF 500 FEET Staff recommends that the public hearing on this item be continued. Recommendation by the Community Development Department: Continue Code Amendment No. 02-004 to the May 20, 2002 City Council meeting. . CODE AMENDMENT 02-002 FOR OFFICE USES IN THE CENTRAL COMMERCIAL (C-2) DISTRICT AND THE CULTURAL RESOURCES OVERLAY DISTRICT An amendment to Tustin City Code Sections 9233(a)(1 )(g), 9233c(y), 9233c(ff), 9233(e), and 9252j3(c) related to office uses within the Central Commercial (C-2) zoning district and the Cultural Resources Overlay District. Recommendation by the Community Development Department: 1. Adopt the following Resolution No. 02-40: RESOLUTION NO. 02-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 02-002 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 2. Introduce and have first reading by title only of the following Ordinance No. 1251: ORDINANCE NO. 1251 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 9233(a)(1)(g), 9233c(y), 9233c(ff), 9233(e), AND 9252j3(c) OF THE TUSTIN CITY CODE RELATED TO OFFICE USES WITHIN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT AND THE CULTURAL RESOURCES OVERLAY DISTRICT CONSENT CALENDAR (ITEMS 3 THROUGH 15 ) 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 Agenda - City Council May 6, 2002- Page 2 and/or removed from the Consent Calendar for separate action. . APPROVAL OF MINUTES- APRIL 15, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 15, 2002. o APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,369,417.80 and ratify Payroll in the amount of $868,040.59. o PLANNING COMMISSION ACTION AGENDA- APRIL 22, 2002 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 April 22, 2002. . AWARD OF CONTRACT FOR THE PURCHASE OF TWO EMERGENCY PORTABLE GENERATORS (ClP NO. 6140) Recommendation: Award purchase of the two emergency portable generators to the Iow bidder, Generator Services Co., Inc., of Alta Loma, California, in the amount of $155,762.00 and authorize the Public Works Director/City Engineer to approve the purchase order as recommended by the Public Works Department/Water Services Division. . CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS WITH LANCO LANDSCAPE MANAGEMENT, INC. Recommendation: Approve the second amendment to the contract agreement between Lanco Landscape Management and the City of Tustin for landscape maintenance services, subject to City Attorney approval as recommended by the Public Works Department/Engineering Division. . CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE SERVICES FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AREAS WITH TRUGREEN LAND CARE Recommendation: Approve the second amendment to the contract with TruGreen Land Care extending the contract for landscape maintenance services for the Tustin Landscape and Lighting District areas for the period from July 1, 2002, to June 30, 2003, as recommended by the Public Works Department/Field Services Division. , RESOLUTION NO. 02-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 2001-235 TO SUBDIVIDE AN EXISTING 0.50 ACRE PARCEL INTO TWO PARCELS LOCATED AT 12882 ELIZABETH WAY (APN NO. 501-081-19) Recommendation: Adopt Resolution No. 02-35, approving Final Parcel Map 2001-235 as recommended by the Community Development Department. 10. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVlNE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 401-283-02 - RAYMOND J. LARSON, JR.) (ClP NO. 7118) Recommendation by the Public Works Department/Engineering Division: 1. Adopt the following Resolution No. 02-41: RESOLUTION NO. 02-41 - A RESOLUTION OF THE CITY COUNCIL OF THE Agenda - City Council May 6, 2002 - Page 3 11. 12. 13. 14. . CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 401-283-02 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) AND APPROVING THE PURCHASE AGREEMENT Authorize the Mayor and City Clerk to execute the Purchase Agreement with Raymond J. Larson, Jr. on behalf of the City. REJECTION OF BIDS FOR THE FISCAL YEAR 2001/2002 CATCH BASIN INSERT PROJECT (PROJECT NO. 402-6222) Recommendation: Reject all bids received on the Catch Basin Insert Project (Project No. 402-6222) for Fiscal Year 2001/2002 and direct staff to revise the plans and specifications to include additional locations funded by additional grant funds as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-39- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR STREET REHABILITATION FUNDING UNDER THE ARTERIAL HIGHWAY REHABILITATION PROGRAM Recommendation: Adopt Resolution No. 02-39, requesting that OCTA include the City of Tustin's AHRP projects in its FY 2002-2003 Combined Transportation Funding Program (CTFP) as recommended by the Public Works Department/Engineering Division. TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENT FOR THE 2002-03 FISCAL YEAR Recommendation by the Public Works Department/Engineering Division: 1. Adopt the following Resolution No. 02-43: RESOLUTION NO. 02-43- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2002-2003 2. Adopt the following Resolution No. 02-44: RESOLUTION NO. 02-44- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR FISCAL YEAR 2002-2003 FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218 AND GIVING NOTICE THEREOF APPROVAL OF THE WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT Recommendation: Approve the Water Quality Ordinance Implementation Agreement No. D02-024 with the Orange County Flood Control District, and authorize execution of the agreement by the Mayor and City Clerk as recommended by the Public Works Department/Engineering Division. Agenda- City Council May 6, 2002- Page 4 15. THIRD AMENDMENT TO LEASE FOR TUSTIN LIBRARY BRANCH Recommendation by the Assistant City Manager: 1. Adopt the following Resolution No. 02-49, adopting the Final Mitigated Negative Declaration for Third Amendment to the lease for the Tustin Branch Library: RESOLUTION NO. 02-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIEORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE TUSTIN LIBRARY EXPANSION PROJECT 2. Approve the Third Amendment to Lease and authorize the City Manager to execute said Lease between the City and County of Orange on behalf of the City. REGULAR BUSINESS (ITEMS 16 THROUGH 17) 16. CODE AMENDMENT 02-003 - BUSINESS REGULATIONS ORDINANCE On April 15, 2002, the City Council considered Ordinance No. 1252 and directed staff to make changes to the ordinance relating to the roles of the License and Permit Board, the Planning Commission, and the City Council in the issuance and appeal of business permits. Recommendation by the Community Development Department: Continue the introduction and first reading of Ordinance No. 1252 to May 20, 2002. 17. ORANGE COUNTY FIRE AUTHORITY PLANNING AND DEVELOPMENT FEES Orange County Fire Authority staff are recommending fee increases for Planning and Development Services for plan review, construction inspections, and annual inspections and the Board will consider adopting a new fee schedule on May 23, 2002. Mayor Pro Tem Wodey requested that this item be placed on the agenda for City Council discussion. 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 hedhis time to another speaker. When you start to address the City Council, please state your full name for the record. Agenda - City Council May 6, 2002- Page 5 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, May 20, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council May 6, 2002- Page 6