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Home My WebLink About00 AGENDA 09-03-02CALL TO ORDER AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN SEPTEMBER 3, 2002 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 will 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); and 2) significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3)(A), one (1) case. REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION - Pastor Jon Spencer, Heartfelt Ministries PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PROCLAMATION/CERTIFICATE OF RECOGNITION - None 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 hedhis time to another speaker. A Public Input portion is provided both at the Agenda - City Council September 3, 2002 - Page 1 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 School District, staff recommends that the public hearing on this item be continued to September 16, 2002. Recommendation by the Community Development Department: Continue this item to the September 16, 2002 City Council meeting. 2. TENTATIVE PARCEL MAP 2002-106 Tentative Parcel Map 2002-106 is a request to subdivide an existing 1.62-acre parcel into two parcels for conveyance purposes. A retail building and a service station/car wash are currently being constructed on the site. On Auqust 26, 2002, the Planning Commission recommended that the City Council approv~ Tentative Parcel Map 2002- 106 with conditions to ensure compliance with Tustin City Code and the Subdivision Map Act. Recommendation by the Community Development Department: Adopt the following Resolution No. 02-81 approving Tentative Parcel Map 2002-106: RESOLUTION NO. 02-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2002-106 TO SUBDIVIDE AN EXISTING 1.62-ACRE PARCEL INTO 'f'VVO PARCELS LOCATED AT 535 E. MAIN STREET FOR CONVEYANCE PURPOSES (APN NO. 401-612-03) CONSENT CALENDAR (ITEMS 3 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 19, 2002 REGULAR MEETING AND AUGUST 22, 2002 SPECIAL JOINT MEETING OF THE CITY COUNCIL AND TUSTIN PUBLIC FINANCING AUTHORITY Recommendation: Approve the City Council Minutes of August 19 and August 22, 2002. Agenda - City Council September 3, 2002 - Page 2 , , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,608,210.20 and ratify Payroll in the amount of $434,349.64. PLANNING COMMISSION ACTION AGENDA- AUGUST 26, 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 August 26, 2002. , o o , RESOLUTION NO. 02-84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORK OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN REPLACEMENTS AT VARIOUS LOCATIONS (CIP NO. 6145) Recommendation: Adopt Resolution No. 02-84 accepting said work 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 of Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and assuming no other claims or stop payment notices are filed, it is further recommended that the City Council authorize payment of the final 10% retention amount of $39,000.34 to Ken Thompson, Inc., thirty-five days after the date of recordation of the Notice of Completion. This amount together with previous payments totals $390,003.39 and represents 100% of the final contract cost as recommended by the Public Works Department/VVater Services Division. AWARD OF CONTRACT FOR ANNUAL STREET/ALLEY REPAIR PROGRAM FOR FISCAL YEARS 2002/2003 TO 2006/2007 (PROJECT NO. 402-6245) Recommendation: Award the contract for the Annual Street/Alley Repair Program for Fiscal Years 2002/2003 to 2006/2007 (Project No. 402-6245) to the Iow bidder, International Pavement Solutions, Inc. in the amount of $98,880.00, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED 'IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 02-83, modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code to modify certain position titles as recommended by the Office of the City Clerk. RESOLUTION NO. 02-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE CITY CLERK OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS, PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF TUSTIN'S RECORDS RETENTION SCHEDULE Recommendation: Adopt Resolution No. 02-69, authorizing the destruction of records in the possession of the City Clerk as recommended by the Office of the City Clerk. Agenda - City Council September 3, 2002 - Page 3 10. RESOLUTION NO. 02-18-'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION NO. 00-25 Recommendation: Adopt Resolution No. 02-18, amending the City's Classification and Compensation Plan, granting salary increases, updating the provision of benefits provided to the City's unrepresented "Executive Management" and "Management" employees, and authorizing staff to, if necessary, adjust the Fiscal Year 2002/2003 budget to reflect the changes approved as recommended by the Human Resources Department. REGULAR BUSINESS (ITEMS 11 THROUGH 12 ) 11. ADOPTION OF URGENCY ORDINANCE NO. 1258, 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 September 5, 2002. Staff is recommending that the Ctiy Council approve a thirty day Franchise extension to October 5, 2002, in order to review and consider any response by AT&T. Recommendation by the Public Works Department/Engineering Division: Adopt the following Urgency Ordinance No. 1258, extending a Cable Television Franchise with Media One of Los Angeles, Inc., dba AT&T Broadband for thirty days: ORDINANCE NO. 1258 - AN URGENCY ORDINANCE 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 OCTOBER 5, 2002 12. TUSTIN OLD TOWN ASSOCIATION REQUEST FOR FUNDING This item will be continued to the September 16, 2002 Council meeting. 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 Agenda - City Council September 3, 2002 - Page 4 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 next regular meeting of.the City Council is scheduled for Monday, September 16, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. A§enda - City Council September 3, 2002 - Pas:e 5