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Home My WebLink About05 CC Actn Agenda 5-20 & 6-3-02ITEM #5 Report to the Planning Commission DATE: SUBJECT: PRESENTATION: ATTACHMENTS: JUNE 10, 2002 CITY COUNCIL ACTION AGENDAS MAY 20, 2002 AND JUNE 3, 2002 ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL ACTION AGENDAS MAY 20, 2002 AND JUNE 3, 2002 5:29 p.m. Thomas, Wodey absent None Announced 6:58 p.m. Given Given All present None Presented Harold Adams Carina Franck-Pantone Kay Kearney ACTION AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN MAY 20, 2002 CLOSED SESSION - 5:30 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL PUBLIC INPUT CLOSED SESSION - The City Council will convene in closed session to confer with their Real Property Negotiator (Government Code Section 54956.8). Property: 18410 Irvine Boulevard (APN 401-283-01). Negotiators: City Manager or Designee (City) and Fitterer and Kirkpatrick (property owner). Under negotiation: Price and terms of payment. REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Mayor Thomas ROLL CALL CLOSED SESSION REPORT CERTIFICATE OF RECOGNITION - Chamber of Commerce 45th Anniversary FIRST PUBLIC INPUT Spoke on the City's request for him to pay a business license fee; however, he explained that he did not have a business and asked for assistance in resolving the issue. Spoke on Feedback Foundation services. Spoke on Doctor's Ambulance Service resources. Action Agenda - City Council May 20, 2002 - Page 1 Tabled Approved, as amended Approved Ratified Adopted Resolution No. 02-50 PUBLIC HEARING ( ITEM 1 ) CODE AMENDMENT 02-004 - NOTIFICATION DISTANCE OF 500 FEET Staff recommends that the public hearing on this item be continued to allow staff sufficient time to complete an expanded survey of additional communities and to research their ordinances pertaining to notification distances. Staff also will analyze notification distances for subdivision maps, which were not previously considered. Recommendation by the Community Development Department: Continue Code Amendment No. 02-004 to the August 5, 2002 City Council meeting. CONSENT CALENDAR ( ITEMS 2 THROUGH 9) APPROVAL OF MINUTES - MAY 6, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 6, 2002. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,058,610 and ratify Payroll in the amount of $548,112.57. PLANNING COMMISSION ACTION AGENDA- MAY 13, 2002 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratifythe Planning Commission Action Agenda of May 13, 2002. RESOLUTION NO. 02-50 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR CONTINUATION OF ADDITIONAL TEMPORARY PARTIALLY PAID MILITARY LEAVE OF ABSENCE AND CONTINUATION OF BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES Recommendation: Adopt Resolution No. 02-50, continuing the benefit of additional temporary partially paid military leave of absence and continuation of benefits for eligible City employees called to active duty in connection with the nation's response to the terrorist attack on the United States Action Agenda - City Council May 20, 2002 - Page 2 Approved Adopted Resolution No. 02-52 Adopted Resolution No. 02-53 of America as previously authorized by Resolution No. 01- 96 as recommended by the Human Resources Department. CONTRACT RENEWAL FOR MAINTENANCE AND REPAIR SERVICES OF THE CITY'S HVAC SYSTEMS WITH BARR ENGINEERING, INC. Recommendation: Approve the second amendment to the contract agreement between Bart Engineering, Inc. and the City of Tustin for Heating, Ventilating, Refrigeration, and Air Conditioning Systems Maintenance and Repair Service as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-52 -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 TRAFFIC SIGNAL MODIFICATIONS AT MCFADDEN/VVILLIAMS AND MCFADDEN/RITCHEY (CIP NO. 4057) Recommendation: Adopt Resolution No. 02-52, accepting the Traffic Signal Modifications at McFadden/Williams and McFadden/Ritchey (ClP No. 4057), 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; and assuming no claims or stop payment notices are filed, thirty-five (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 $23,556.30. This amount, together with the previous contract payments and change order amounts of $212,006.73 represents 100% of the final contract cost as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-53 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF AN AUTOMATIC DOOR MECHANISM FOR THE CITY HALL MAIN ENTRANCE AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 02-53, approving the plans and specifications for the installation of an automatic door mechanism for the City Hall main entrance as recommended by the Public Works Department/Field Services Division. Action Asenda - City Council May 20, 2002 - Page 3 Adopted Resolution No. 02-51 Introduced Ordinance No. 1252 Adopted Ordinance No. 1251 RESOLUTION NO. 02-51 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE PART-TIME AND OTHER TEMPORARY, SEASONAL AND INTERMITTENT EMPLOYEES Recommendation: Adopt Resolution No. 02-51, adopting the U.S. Conference of Mayors (USCM and also known as PEBSCO and/or NRS, Nationwide Retirement Solutions) Deferred Compensation Plan for eligible non-regular part- time and other temporary, seasonal and intermittent employees pursuant to the Omnibus Reconciliation Act of 1990 (OBRA). REGULAR BUSINESS ( ITEMS 10 THROUGH 11 ) 10. CODE AMENDMENT 02-003 - BUSINESS REGULATIONS ORDINANCE Code Amendment 02-003 is an amendment to the Tustin City Code relating to business regulations and the License and Permit Board. On Apdl 8, 2002, the Planning Commission reviewed the proposed code amendment and expressed their support for the proposed business regulations. Recommendation of the Community Development Department: Introduce and have first reading of the following Ordinance No. 1252: ORDINANCE NO. 1252 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 3 OF THE TUSTIN CITY CODE RELATING TO BUSINESS REGULATIONS AND REPEALING PART THREE OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE RELATING TO THE LICENSE AND PERMIT BOARD 11. ORDINANCE NO. 1251 - CODE AMENDMENT 02-002 FOR OFFICE USES IN THE CENTRAL COMMERCIAL (C- 2) DISTRICT AND THE CULTURAL RESOURCES OVERLAY DISTRICT Ordinance No. 1251 is 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 Oveday District. Action Agenda - City Council May 20, 2002 - Page 4 None Doyle Bone Kawashima Worley Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1251 (roll call vote): 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 SECOND PUBLIC INPUT OTHER BUSlNESS/COMMI'FTEE REPORTS Requested a report on revenue generating base development at the next Council meeting. Asked for cooperation from the Tustin Unified School District on the proposed library plan. Questioned if El Camino Real would be ready for the Chili Cook Off. Staff responded the street would be ready. Wished Mayor Pro Tem Worley a great vacation in Europe. Requested changing designation from "neighborhood" park to "community" or "city" park. Reminded everyone the Chili Cook Off would be held on June 2. Spoke on Maglev and the south route. Spoke on the base conveyance ceremony. Gave an update report on the proposed library. Stated the Sanitation Board said that preliminary findings indicated the Sanitation District was not responsible for the offshore plume. Asked for a report on Fuscia Drive. Spoke on the coyote problem. Requested more chili be made for the Cook Off this year. Remarked on the base conveyance ceremony. Action Agenda - City Council May 20, 2002 - Page 5 Thomas 7:36 p.m. Stated the Fire Authority and TCA had escalating budgets. Said the proposed library project would be submitted to the state in June. Noted there were seats available for the State of the City event to be held on May 31. Announced the 4~ of July parade would be held. Spoke on the interesting process of the base closure and noted the Rescue Mission's groundbreaking for the Village of Hope. ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, June 3, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - City Council May 20, 2002 - Page 6 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY MAY 20, 2002 7:37 p.m. All present None Approved None 7:37 p.m. CALL TO ORDER ROLL CALL PUBLIC INPUT REGULAR BUSINESS 1. (ITEM 1 ) APPROVAL OF MINUTES - MAY 6, 2002 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of May 6, 2002. OTHER BUSINESS CLOSED SESSION - None ADJOURNMENT -The next regular meeting of the Redevelopment Agency is scheduled for Monday, June 3, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency May 20, 2002 - Page 5:30 p.m. Wodey absent None Announced 7:00 p.m. Given Given Wodey absent None Presented Various speakers Adopted Resolution No. 02-56 ACTION AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN JUNE 3, 2002 CLOSED SESSION - 5:30 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:30 P.M. CALL TO ORDER ROLL CALL PUBLIC INPUT CLOSED SESSION - The City Council shall convene in closed session to confer with the City Attorney regarding significant exposure to litigation pursuant to Govemment Code Section 54956.9(b)(3)(A) - two (2) cases. REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Rabbi Eli Spitz, Congregation B'nai Israel ROLL CALL CLOSED SESSION REPORT CERTIFICATE OF RECOGNITION - Tustin Pride Student PostedEssay Contest Winners FIRST PUBLIC INPUT Spoke on ocean outfall. PUBLIC HEARING ( ITEM 1 ) PUBLIC HEARING AND CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2002-2003 The City Council will conduct a public hearing and providing there is no majority protest, adopt Resolution No. 02-56 confirming the annual assessments for Fiscal Year 2002- 2003. Action Agenda - City Council June 3, 2002 - Page 1 Approved Approved CONSENT 2. The City Council, at their meeting of March 4, 2002, adopted Resolution No. 02-26 which ordered the preparation of an Engineer's Report for the levy of annual assessments for the Tustin Landscape and Lighting District. Subsequently, at their meeting of May 6, 2002, the City Council adopted the following resolutions: 1 ) Resolution No. 02-43 approving the Engineer's Report for Fiscal Year 2002-2003; and 2) Resolution No. 02-44 declaring the City Council's intention to levy assessments for Fiscal Year 2002-2003 and set a public hearing for June 3, 2002. Recommendation by the Public Works Department/Engineering Division: 1. Open the public hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2002- 2003 (written protests may be submitted to the City Clerk dudng the public hearing). 2. Close the public headng (wdtten protests will no longer be accepted). 3. Providing there is not a majority protest, adopt the following Resolution No. 02-56 confirming the annual assessments for Fiscal Year 2002-2003: RESOLUTION NO. 02-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2002- 03 CALENDAR ( ITEMS 2 THROUGH 6 ) APPROVAL OF MINUTES - MAY 8, 2002 SPECIAL MEETING; MAY 10, 2002 SPECIAL MEETING; MAY 14, 2002 SPECIAL MEETING; AND MAY 20, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 8, 2002 Special Meeting; May 10, 2002 Special Meeting; May 14, 2002 Special Meeting; and May 20, 2002 Regular Meeting. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Action Agenda - City Council June 3, 2002 - Page 2 Adopted Resolutions No. 02-54 & 02~55 Approved Recommendation: Approve Demands in the amount of $2,609,855.60 and ratify Payroll in the amount of $421,205.10. GENERAL ELECTION - NOVEMBER 5, 2002 Recommendation by the Office of the City Clerk: Adopt the following Resolution No. 02-54, calling and giving notice of the November 5, 2002, General Municipal Election and requesting the Orange County Board of Supervisors order consolidation and render specified election services: RESOLUTION NO. 02-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISION OF THE LAW OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; (2) REQUESTING THE COUNTY OF ORANGE BOARD OF SUPERVISORS TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 5, 2002; (3) AUTHORIZING THE COUNTY OF ORANGE ELECTION DEPARTMENT TO CANVASS THE ELECTION RETURNS; AND (4) PROVIDING FOR EXPENSES OF THE ELECTION 2. Adopt the following Resolution No. 02-55, setting candidate statement regulations: RESOLUTION NO. 02-55- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002 FUND TRANSFER REQUEST FOR THE TUSTIN COMMUTER RAIL STATION (CIP NO. 7138) Recommendation: Approve a fund transfer in the amount of $447,000.00 for FY 2001/02 from the in appropriated balance of the Air Quality Management District Fund (AB 2766) to the Tustin Commuter Rail Station Project (CiP No. 7138) as recommended by the Public Works DepartmentJEngineering Division. Action Agenda - City Council June 3, 2002 - Page 3 Approved Set Budget Workshop for June 17 at 5:30 p.m. Adopted Ordinance No. 1252 and Resolution No. 02-57 AWARD OF CONTRACT FOR THE PURCHASE OF REVERSE OSMOSIS MEMBRANES - 17TM STREET DESALTER Recommendation: Award the purchase of thirty (30) reverse osmosis membranes to the Iow bidder, Applied Membranes, Inc., of Vista, Califomia in the amount of $16,715 as recommended by the Public Works Department/Water Division. REGULAR BUSINESS ( ITEMS 7 THROUGH 10) 7. FISCAL YEAR 2002-2003 BUDGET WORKSHOP Staff is requesting the City Council schedule its first workshop to review the budget for fiscal year 2002-2003. The draft budget will be submitted to the City Council prior to the budget workshop. Recommendation: Pleasure of the City Council. CODE AMENDMENT 02-003 - BUSINESS REGULATIONS ORDINANCE NO. 1252 SECOND READING AND ESTABLISHMENT OF BUSINESS PERMIT FEES Code Amendment 02-003 (Ordinance No. 1252) is an amendment to Article 3 and Part 3 of Chapter 5 of Article 1 of the Tustin City Code relating to business regulations and the License and Permit Board. Resolution No. 02-57 would establish the application and appeal fees for the permits identified in Article 3 of the Tustin City Code. Recommendation by the Community Development Department: Have second reading by title only and adopt the following Ordinance No. 1252, amending Article 3 of the Tustin City Code and repealing Part 3 of Chapter 5 of Article 1 of the Tustin City Code (roll call vote): ORDINANCE NO. 1252- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 3 OF THE TUSTIN CITY CODE RELATING TO BUSINESS REGULATIONS AND REPEALING PART THREE OF CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE Action Agenda - City Council June 3, 2002 - Page 4 Adopted Resolution No. 02-58 Supported farming as an activity for the base RELATING TO THE LICENSE AND PERMIT BOARD Adopt the following Resolution No. 02-57, establishing application and appeal fees for the permits identified in Article 3 of the Tustin City Code: RESOLUTION NO. 02-57-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING APPLICATION AND APPEAL FEES FOR THE PERMITS IDENTIFIED IN ARTICLE 3 OF THE TUSTIN CITY CODE RESOLUTION TO COMMIT LOCAL MATCHING FUNDS - LIBRARY EXPANSION PROJECT City Council approval is requested to authorize submittal of a grant application under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 ("the State Library Bond Act") consistent with all requirements of the State Library Bond Act. Recommendation by the Redevelopment Agency staff: Approve the following Resolution No. 02-58, authorizing submittal of a grant application under the Bond Act including a commitment to provide local matching funds and supplemental funds if necessary to fund the development of the project: RESOLUTION NO. 02-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMI'I-I-AL OF AN APPLICATION UNDER THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 ("STATE LIBRARY BOND ACT") AND COMMITTING THE CITY OF TUSTIN TO MEET ALL OBLIGATIONS FOR THE GRANT SUBMITTAL AS REQUIRED BY THE STATE LIBRARY BOND ACT AND IMPLEMENTING REGULATIONS 10. POTENTIAL FOR INTERIM LEASE ACTIVITIES AT MCAS, TUSTIN The Department of the Navy has recently conveyed or leased to the City of Tustin approximately 1,153 acres of property at the former Marine Corps Air Station (MCAS) Tustin. Councilmember Doyle has requested that staff Action Agenda - City Council June 3, 2002 - Page 5 Various speakers Doyle Bone Kawashima Thomas provide a report regarding the potential for possible leasing of the subject property. Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT Supported farming on the base. OTHER BUSiNESS/COMMITTEE REPORTS Said the Chili Cook Off event was outstanding and commended staff for maintaining a clean site. Spoke on govemment channel programming. Stated he was recuperating from surgery. Noted that he had been a judge for the Tustin Pride essay contest. Requested agendizing staff costs for community events. Requested a mayoral letter be sent supporting hosting the Veterans Day parade in Tustin. Stated there were 14,000 to 15,000 people in attendance at the Street Fair and commended staff for a wonderful event. Requested staff attends the WACO meeting this week. Announced the starting time for the Veterans Day parade. Commented on the large crowd at the Chili Cook Off. Stated tonight's action on the proposed library had been a big step for the City. Reminded everyone to examine the facts on ocean outfall. Spoke on AB 1969 and requested staff obtain Ross Johnson's position is on it. Thanked staff and the Chamber of Commerce for the State of the City event. Said the Chili Cook Off had been a great event. Noted 4th of July events to be held in Tustin Meadows and at Action Agenda - City Council June 3, 2002 - Page 6 8:52 p.m. to Budget Workshop on June 17 at 5:30 p.m. Tustin High School. ADJOURNMENT - the next regular meeting of the City Council is scheduled for Monday, June 17, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - City Council June 3, 2002 - Page 7 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY JUNE 3, 2002 8:52 p.m. Wodey absent None Approved None 8:52 p.m. CALL TO ORDER ROLL CALL PUBLIC INPUT REGULAR BUSINESS 1. ( ITEM 1 ) APPROVAL OF MINUTES - MAY 20, 2002 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of May 20, 2002. OTHER BUSINESS CLOSED SESSION - None ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, June 17, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency June 3, 2002 - Page 1