HomeMy WebLinkAbout00 AGENDA 08-05-02 AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF TUSTIN
AUGUST 5, 2002
7:00 P.M.
INTERVIEWS - The City Council will conduct interviews for one vacant position on the
Planning Commission in the City Council Chamber, 300 Centennial Way, Tustin, at 5:30 p.m.
The interviews are open to the public.
CALL TO ORDER
INVOCATION - Al Enderle
PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAMATION - Former Planning Commissioner, Doug Davert
PRESENTATION - Employee Showcase- Jim Sulli
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. REVISIONS TO HOUSING ELEMENT UPDATE
On February 4, 2002, the City Council adopted the Housing Element Update. The State
Department of Housing and Community Development reviewed the Update and
recommended revisions. Those revisions have been made and the City proposes to
adopt a revised Housing Element Update. To ensure that this action is consistent with
the Settlement Agreement with the Santa Ana Unified School District, staff recommends
that the public hearing on this item be continued to August 19, 2002.
Agenda - City Council August 5, 2002 - Page 1
Recommendation by the Community Development Department:
Continue this item to the August 19, 2002 City Council meeting.
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RESOLUTION NO. 02-65 PLACING ASSESSMENTS FOR SOLID WASTE
COLLECTION ON THE 2002/2003 TAX ROLL
In accordance with the current Franchise Agreement, Federal Disposal Service has
requested approval of rate adjustments for all customers pursuant to an increase in the
Producer Price Index and an additional extraordinary increase in commercial rates.
Federal Disposal submitted a new extraordinary rate adjustment request on July 25,
2002, based on a signed agreement with the International Brotherhood of Teamsters,
Local 396. Staff recommends approval of the Producer Price Index adjustments for
residential and commercial rates and recommends consideration of extraordinary rate
adjustments related to the union contract be deferred to September 16, 2002, to allow
time for staff to analyze the new request.
Recommendation by the Public Works Department:
Adopt the residential, commercial and roll off rate adjustments based on the change in
the Producer Price Index and adopt the following Resolution No. 02-65, placing
assessments for solid waste collection for residential units only on the Tax Roll for Fiscal
Year 2002/2003. Staff further recommends deferral of consideration of the extraordinary
increase until the September 16, 2002 meeting.
RESOLUTION NO. 02-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF
SECTION 5473 ET SEQ. OF THE 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
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 13 )
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.
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APPROVAL OF MINUTES - JULY 15, 2002 REGULAR MEETING
Recommendation: Approve the City Council Minutes of July 15, 2002.
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APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $4,079,612.80 and ratify Payroll
in the amount of $440,736.17.
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PLANNING COMMISSION ACTION AGENDA- JULY 22, 2002
All actions of the Planning Commission become final unless appealed by the City Council
Agenda - City Council August 5, 2002 - Page 2
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o
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10.
or a member of the public.
Recommendation: Ratify the Planning Commission Action Agenda of July 22, 2002.
RESOLUTION NO. 02-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO COMPENSATION AND BENEFITS FOR
CONFIDENTIAL UNREPRESENTED EMPLOYEES, AND SUPERSEDING
RESOLUTION NO. 00-87
Recommendation: Adopt Resolution No. 02-19, amending the City's Classification and
Compensation Plan and granting salary and benefit increases to the City's
unrepresented Confidential employees as recommended by the Human Resources
Department.
PLANNING AREA 20, TUSTIN LEGACY- EXCLUSIVE AGREEMENT TO NEGOTIATE
WITH JOHN LAING HOMES
Recommendation: Authorize execution of the Exclusive Agreement to Negotiate
between the City of Tustin and the Tustin Public Financing Authority and the developer
WL Homes, LLC, a Delaware limited liability company doing business as John Laing
Homes as recommended by the Redevelopment Agency staff.
RESOLUTION NO. 02-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL
STRIPING/PAVEMENT MARKING PROGRAM FOR FISCAL YEARS 2002/2003
THROUGH 2006/2007 (PROJECT NO. 402-6230) AND AUTHORIZING
ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 02-75, approving the specifications for the
Annual Striping/Pavement Marking Program for Fiscal Years 2002/2003 through
2006/2007 and authorizing the City Clerk to advertise for bids as recommended by the
Public Works Department/Engineering Division.
APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE
IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT
PROJECT (APN 401-283-11 - FRANCES D. LARSON) (ClP NO. 7118)
Recommendation by the Public Works Department/Engineering Division:
1. Adopt the following Resolution No. 02-42:
RESOLUTION NO. 02-42 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A
PORTION OF ASSESSOR'S PARCEL NO. 401-283-11 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
2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with
Frances D. Larson on behalf of the City.
APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE
EDINGER AVENUE (SMART STREET) WIDENING PROJECT (APN 430-263-04-
HARVEY KATES, JOYCE KATES AND M. STANLEY MUSKAT) (CIP NO. 7147)
Recommendation by the Public Works Department/Engineering Division:
1. Adopt the following Resolution No. 02-68:
Agenda - City Council August 5, 2002 - Page 3
RESOLUTION NO. 02-68 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A
PORTION OF ASSESSOR'S PARCEL NOS. 430-263-03 AND 430-263-04 WAS
CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE
EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147)
AND APPROVING THE PURCHASE AGREEMENT
2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Harvey
Kates, Joyce Kates and M. Stanley Muskat on behalf of the City.
11.
JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS
Recommendation: Receive and file subject report as recommended by the Community
Development Department.
12.
CONSULTANT SERVICES AGREEMENT FOR THE TUSTIN AVENUE WATER WELL
AND THE PONDEROSA AVENUE WATER MAIN REPLACEMENT PROJECTS (CIP
NOS 6150 AND 6146)
Recommendation: Approve the Consultant Services Agreement with AKM Consulting
Engineers (AKM) of Irvine, California, in the amount of $224,814 and authorize the Mayor
and City Clerk to execute the agreement on behalf of the City as recommended by the
Public Works Department/Water Services Division.
13.
RESOLUTION NO. 02-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, PROVIDING THAT THE PROVISIONS OF GOVERNMENT
CODE SECTION 65402 (a) DO NOT APPLY TO THE ACQUISITIONS REQUIRED FOR
THE EDINGER AVENUE WIDENING (SMART STREET) PROJECT
Recommendation: Adopt Resolution No. 02-77 as recommended by the City Attorney.
REGULAR BUSINESS (ITEMS 14 THROUGH 20 )
14. APPOINTMENT OF PLANNING COMMISSIONER
The City Council will cast ballots to appoint a member to the Planning Commission.
Recommendation by the Office of the City Clerk:
Cast ballots to determine an appointment to the Planning Commission.
15.
FEE WAIVER PERMIT FOR THE TUSTIN PUBLIC SCHOOL'S FOUNDATION 2002
DINOSAUR DASH
The Tustin Public Schools Foundation has requested a waiver of staff costs, equipment
rental and permit fees for the 2002 Dinosaur Dash, which will be held on November 3,
2002.
Recommendation by the Director of Parks and Recreation Services:
Grant a fee waiver of staff costs and equipment of $6,450, and issue a permit for the
Agenda - City Council August 5, 2002 - Page 4
16.
17.
18.
19.
2002 Dinosaur Dash.
RESOLUTION NO. 02-71 ADOPTING THE CITY BUDGET AND WATER ENTERPRISE
BUDGET FOR THE FISCAL YEAR 2002/2003
Approve Resolution No. 02-71, adopting the budgets for the City and the Water
Enterprise for Fiscal Year 2002/2003.
Recommendation by the Finance Director:
Adopt the following Resolution No. 02-71, appropriating the City's Governmental Funds
of $44,324,593; Special Revenue Funds, $22,595,184; Water Enterprise Budget of
$16,957,673; Tustin Legacy Enterprise Funds, $2,275,937 and the City's Fiscal Year
2002/2003 Classification/Compensation Plan:
RESOLUTION NO. 02-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET, THE CITY
CLASSIFICATION/COMPENSATION PLAN AND APPROPRIATING FROM THE
ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2002/2003
APPROPRIATION LIMIT FOR FISCAL YEAR 2002/2003
Article XIIIB of the State Constitution requires each City to annually adopt a limit on
appropriations for all governmental funds.
Recommendation by the Finance Director:
1. Select the change in the California per Capita Personal Income as the price factor
for adjusting the 2002/2003 appropriation limit.
2. Adopt the following Resolution No. 02-72, setting the appropriation limit for Fiscal
Year 2002/2003 at $45,895,395.
CONFIRMATION OF EXISTING CITY POLICY ON MAINTENANCE AND
REPLACEMENT OF DAMAGED DRIVEWAY APPROACHES/SIDEWALKS
Pursuant to provisions of the California Streets and Highways Code and the Tustin
Municipal Code, the Public Works Department is recommending that the City Council
confirm the existing City policy on maintenance and replacement of damaged driveway
approaches and sidewalks.
Recommendation by the Public Works Department/Engineering Division:
Confirm the existing City policy on maintenance and replacement of damaged driveway
approaches and sidewalks within the public right-of-way.
ORDINANCE AMENDING THE CITY OF TUSTIN MUNICIPAL CODE PROVISIONS
GOVERNING THE TERMS OF MEMBERS OF THE PLANNING COMMISSION, AUDIT
COMMITTEE, AND PARKS AND RECREATION COMMITTEE
Agenda - City Council August 5, 2002 - Page 5
Per City Council direction, the proposed Ordinance No. 1255 amends Tustin City Code
sections 1513, 1539, and 1553 to disqualify members of the Planning Commission, Audit
Committee, and Parks and Recreation Commission from service for at least one (1) year
after they serve three (3) consecutive terms.
Recommendation:
Pleasure of the City Council.
20.
ADOPTION OF URGENCY ORDINANCE NO. 1256 EXTENDING A CABLE
TELEVISION FRANCHISE WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T
BROADBAND, FOR THIRTY DAYS
The City has completed a thorough review of AT&T compliance with Franchise
requirements and concluded that certain deficiencies require corrective action. The City
has issued corrective notices to AT&T and is awaiting an adequate response. The
Franchise will expire on August 5, 2002. Staff is recommending that the City Council
approve a thirty day franchise extension to September 5, 2002, in order to review and
consider any response by AT&T.
Recommendation by the Public Works Department/Engineering Division:
.
Have first reading by title only and introduction of Urgency Ordinance No. 1256,
extending a Cable Television Franchise with Media One of Los Angeles, Inc., dba
AT&T Broadband, for thirty days
2. Adopt the following Urgency Ordinance No. 1256 (4/5's vote required; roll call vote):
ORDINANCE NO. 1256 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, EXTENDING A CABLE TELEVISION FRANCHISE
WITH MEDIA ONE OF LOS ANGELES, INC., DBA AT&T BROADBAND FOR
THIRTY DAYS UNTIL SEPTEMBER 5, 2002
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
Agenda - City Council August 5, 2002 - Page 6
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, Santa Ana Unified
School District vs. City of Tustin, Case Number 01CC02595 (state court matter); (2) significant
exposure to litigation pursuant to Government Code Section 54956.9 (claim of Adan Gonzales,
a copy of the claim can be reviewed in the City Clerk's office); and (3) to confer with their labor
negotiator, William A. Huston, City Manager, regarding unrepresented management employees
pursuant to Government Code Section 54957.6.
ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday,
August 19, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way.
Agenda - City Council August 5, 2002 - Page 7