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Home My WebLink About03 CC Action Agenda 9-3-02Report to th e Planning Commission ITEM #3 DATE: SEPTEMBER 9, 2002 SUBJECT: CITY COUNCIL ACTION AGENDA SEPTEMBER 3, 2002 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDA SEPTEMBER 3, 2002 ACTION 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. 5:30 p.m. CALL TO ORDER Thomas absent ROLL CALL None PUBLIC INPUT Announced 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. ' 7:03 p.m. CALL TO ORDER Given INVOCATION - Pastor Jon Spencer, Heartfelt Ministries Given PLEDGE OF ALLEGIANCE Thomas absent ROLL CALL None CLOSED SESSION REPORT PROCLAMATION/CERTIFICATE OF RECOGNITION- None FIRST PUBLIC INPUT Allan Browning Reported on Chamber of Commerce functions and SB1661; stated the TUSD website had been updated; and invited the community to the Veterans Day parade. Bill Hankins Reported on a property maintenance problem at 140 "A" Street and requested City assistance to rectify the problem. PUBLIC HEARING (ITEMS 1 THROUGH 2) Continued to September 16, 2002 . REVISIONS TO HOUSING ELEMENT UPDATE Action Agenda -City Council September 3, 2002- Page 1 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. Adopted Resolution No. 02-81 ,, 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 August 26, 2002, the Planning Commission recommended that the City Council approve 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 TWO PARCELS LOCATED AT 535 E. MAIN STREET FOR CONVEYANCE PURPOSES (APN NO. 401-612-03) CONSENT CALENDAR (ITEMS 3 THROUGH 10 ) Approved . 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. Action Agenda -City Council September 3, 2002- Page 2 Approved Ratified Adopted Resolution No. 02-84 Approved , , , o 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. 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/Water 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. Action Asenda -City Council September 3, 2002- Pase 3 Adopted Resolution No. 02-83 , 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. Adopted Resolution No. 02-69 o 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. Adopted Resolution No. 02-18 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 ) Adopted Urgency Ordinance No. 1258 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 City Council approve Action Agenda -City Council September 3, 2002- Page 4 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 Continued to September 16, 2002 12. TUSTIN OLD TOWN ASSOCIATION REQUEST FOR FUNDING This item will be continued to the September 16, 2002 Council meeting. SECOND PUBLIC INPUT Allan Browning Questioned what options the City had with the AT&T agreement. OTHER BUSINESS/COMMITTEE REPORTS Doyle Attended the senior picnic and had a great time. Reported the governor signed the state budget. Noted the poor condition of the roads in Santa Aha. Requested adjourning the meeting in honor of Donnie Sears. Bone Commented on .SB 1661 's author. Noted Tustin Pride had been in operation for 10 years. Kawashima Reported on a joint meeting with the Sanitation District and Water District and requested agendizing a presentation on groundwater replenishment. Stated the Albertson's center was in poor condition. Announced school was starting tomorrow. Remarked on the wonderful summer programs the City offered. Action Agenda -City Council September 3, 2002- Page 5 Wodey Requested adjourning the meeting in memory of Dee Dyball. Invited the public to attend events at the Tustin Ranch Golf Course and Santa Ana Civic Center on September 11. Questioned when the downtown improvements would be completed. Staff responded the improvements would be completed by the end of September. Announced Tiller Days would be held October 4-6. Announced that on September 16 the City would commemorate the 75th anniversary and refreshments would be served after the Council meeting. Requested agendizing discussion of the fire memorial. 7:48 p.m. in memory of Donnie Sears and Dee Dyball 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. Action Agenda -City Council September 3, 2002- Page 6 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 3, 2002 7:48 p.m. CALL TO ORDER Thomas absent ROLL CALL None PUBLIC INPUT REGULAR BUSINESS (ITEMS 1 THROUGH 2) Approved · APPROVAL OF MINUTES- AUGUST 19, 2002 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of August 19, 2002. Received and filed , CONFLICT OF INTEREST CODE- DESIGNATED POSITIONS The Tustin Community Redevelopment Agency is required to review its Conflict of Interest Code and make changes as needed. There have been no changes to the Designated Positions since Resolution No. RDA 01-10 was adopted on December 3, 2001. Recommendation: Receive and file. OTHER BUSINESS Doyle Stated that a recent newspaper article indicated the County was planning a job center facility on the base. CLOSED SESSION - None 7:50 p.m. ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, September 16, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency September 3, 2002 - Page 1