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Home My WebLink About00 AGENDA 08-19-02 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN AUGUST 19, 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 - 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 1) to confer with their labor negotiator, William A. Huston, City Manager, regarding unrepresented management employees pursuant to Government Code Section 54957.6; 2) conference with Real Property Negotiator (Government Code Section 54956.8). Property: 1252 - 1472 Edinger; APN 430- 261-22 and 430-261-23. Negotiators: Property owner Pacific Bell dba SBC and City Manager or Designee (City). Under negotiation: Price and terms of payment; and 3) pending litigation to which the City is a party, Santa Ana Unified School District vs. City of Tustin, Case Number 01CC02595 (state court matter). REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION - Pastor Dane Counts, Kings Way Foursquare Church of Tustin PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PROCLAMATION/CERTIFICATE OF RECOGNITION - None PRESENTATION - Presentation of Municipal Water District of Orange County 50th Anniversary Commemorative Poster 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 Agenda - City Council August 19, 2002 - Page 1 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 ) 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 School District, staff recommends that the public hearing on this item be continued to September 3, 2002. Recommendation by the Community Development Department: Continue this item to the September 3, 2002 City Council meeting. CONSENT CALENDAR (ITEMS 2 THROUGH 10) 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- AUGUST 5, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 5, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $4,390,863.50 and ratify Payroll in the amount of $450,511.77. , DECLARATION OF SURPLUS PROPERTY Recommendation by Information Technology: 1. Declare the listed equipment surplus and not required for public use. 2. Authorize staff to donate the surplus mobile phones to the Kiwanis Club of Tustin for refurbishment and distribution. 3. Authorize staff to donate surplus MAVS equipment to Orange County Communications for use as parts for repairs on units still in service. 4. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 5. Authorize staff to dedicate proceeds of sale to the Senior Center Computer Lab Agenda - City Council August 19, 2002 - Page 2 o 1 , , , project. RESOLUTION NO. 02-78- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 2001-147 TO COMBINE TVVO EXISTING PARCELS TO CREATE A 4.7 ACRE PARCEL LOCATED AT 13270 NEWPORT AVENUE FOR THE PURPOSE OF DEVELOPING A RETAIL MARKET WITH DRIVE-THROUGH PHARMACY AND SITE AMENITIES Recommendation: Adopt Resolution No. 02-78, approving Final Parcel Map 2001-147 as recommended by the Community Development Department. RESOLUTION NO. 02-70- 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 EDINGER AVENUE WIDENING PROJECT BETVVEEN 1400 FEET EAST OF RED HILL AVENUE AND 2400 FEET WEST OF JAMBOREE ROAD (CIP NO. 7132) Recommendation: Adopt Resolution No. 02-70, accepting the Edinger Avenue Widening Project between 1400 feet east of Red Hill Avenue and 2400 feet west of Jamboree Road (CIP No. 7132) 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 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 $272,018.37 to Palp, Inc. DBA Excel Paving Company. WORKING CAPITAL LOAN AND ADMINISTRATIVE SERVICES AGREEMENT BETVVEEN THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Recommendation by the Finance Director: 1. Increase the outstanding loan balance to the South Central Project Area to $3,000,000 until August 31,2003. 2. Increase the outstanding loan balance to the MCAS, Tustin Project Area to $1,000,000 until August 31,2003. 3. Authorize the Mayor and the Chairperson of the Agency to execute the agreement for 2002-2003, offering and accepting a loan and various services from the City to the Agency totaling approximately $4,600,000 for fiscal year 2002-2003. RESOLUTION NO. 02-79- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF THE WICK IRRIGATION SYSTEM ON JAMBOREE ROAD (CIP NO. 1538) AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 02-79, approving the plans and specifications for the installation of the Wick Irrigation System on Jamboree Road, and authorizing the City Clerk to advertise for bids as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-80- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 01-02 Recommendation: Adopt Resolution No. 02-80, approving Lot Line Adjustment No. 01- Agenda - City Council August 19, 2002 - Page 3 02 as recommended by the Public Works Department/Engineering Division. 10. RESOLUTION NO. 02-76- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF THE 11% FOR FEDERAL FISCAL YEAR 2002-2003 FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Recommendation: Adopt Resolution No. 02-76, approving the Disadvantaged Business Enterprise (DBE) Program and Overall Annual DBE Goal of 11% for Federal Fiscal Year 2002-2003 as recommended by the Public Works Department/Engineering Division. REGULAR BUSINESS (ITEMS 11 THROUGH 13 ) 11. 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. The current policy states: 1. Adjacent property owners are responsible for the maintenance and/or replacement of damaged driveway approaches and sidewalks if the cause of damage is due to private property activities, such as vehicular traffic access private property (moving vans, delivery vehicles, trash trucks, etc.). 2. The City is responsible for the maintenance and/or replacement of damaged driveway approaches and sidewalks if the cause of damage is due to City activities, such as planting and maintaining parkway trees. 12. ORANGE COUNTY FIRE AUTHORITY BOARD ALTERNATE APPOINTMENT Mayor Thomas will be appointing Councilmember Bone to the Orange County Fire Authority Board as the alternate member. Recommendation by the Office of the City Clerk: Appoint Councilmember BOne to the Orange County Fire Authority Board as the alternate member. 13. ORDINANCE NO. 1255- AMENDING THE CITY OF TUSTIN MUNICIPAL CODE PROVISIONS GOVERNING THE TERMS OF MEMBERS OF THE PLANNING COMMISSION, AUDIT COMMITTEE, AND PARKS AND RECREATION COMMISSION Ordinance No. 1255 amends Tustin City Code sections 1513, 1539, and 1553 to Agenda - City Council August 19, 2002 - Page 4 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 by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1255 (roll call vote): ORDINANCE NO. 1255- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PROVISIONS GOVERNING THE TERMS OF MEMBERS OF THE PLANNING COMMISSION, AUDIT COMMITTEE, AND PARKS AND RECREATION COMMISSION 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 Attomey, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - The next regular meeting of the City CounCil is scheduled for Tuesday, September 3, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council August 19, 2002 - Page 5