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Home My WebLink About00 AGENDA 09-16-02 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN SEPTEMBER 16, 2002 CLOSED SESSION - 5:30 P.M. PUBLIC SESSION - 7:00 P.M. CALL TO ORDER 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 PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PROCLAMATION - City of Tustin's 75th Anniversary PRESENTATION - Mothers Against Drunk Drivers Award (MADD)- Officer Mark Sauerwein 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 Agenda- City Council September 16, 2002- Page 1 1 l ....... ir 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. CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM GRANT EXPENDITURE In October 2001, the City of Tustin Police Department received $51,327 in grant funding from the State of California for use to purchase high-technology equipment in calendar year 2002. These funds were deposited into a revenue account at City Finance and have accrued interest in the amount of $1,336 as of July 30, 2002. The total available funds are, therefore, currently $52,663. The Police Department is prepared to expend these funds at this time. Recommendation by the Police Department: Authorize the Police Department to purchase two (2) high-technology programs to enhance the Police Department's Communication system. 2. 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. Recommendation by the Community Development Department: Continue this item to the October 7, 2002 City Council meeting. CONSENT CALENDAR (ITEMS 3 THROUGH 11 ) 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 - SEPTEMBER 3, 2002 REGULAR MEETING Recommendation' Approve the City Council Minutes of September 3, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,360,031.90 and ratify Payroll in the amount of $445,425.99. , PLANNING COMMISSION ACTION AGENDA- SEPTEMBER 9, 2002 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Agenda - City Council September 16, 2002 - Page 2 o , , o 10. 11. Recommendation: Ratify the Planning Commission Action Agenda of September 9, 2002. DECLARATION OF SURPLUS EQUIPMENT Recommendation: Declare equipment as surplus and not required for public use, in accordance with the Tustin City Code, Section 1626, and authorize the Public Works Department to sell the equipment at public auction as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-85- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION.OF A PORTION OF ASSESSOR'S PARCEL NOS. 430-251-01 AND 430-251-04 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) AND APPROVING THE PURCHASE AGREEMENT Recommendation: Adopt Resolution No. 02-85, finding that the acquisition of a portion of Assessor's Parcel Nos. 430-252-01 and 430-252-04 was considered in the final environmental determination for the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147) and approving the Purchase Agreement with Mutual Liquid Gas and Equipment Co., Inc.; and authorize the Mayor and City Clerk to execute the Purchase Agreement with Mutual Liquid Gas and Equipment Co., Inc. on behalf of the City as recommended by the Public Works Department/Engineering Division. CLAIM OF SHIRLEY STRICH- CLAIM NO. 02-23 Recommendation: Deny the Claim and send notice thereof to the Claimant and to the Claimant's insurance company, State Farm Mutual Automobile Insurance Company as recommended by the City Attorney, RESOLUTION NO. 02-87- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 02-01 Recommendation: Adopt Resolution No. 02-87, approving Lot Line Adjustment No. 02- 01 as recommended by the Public Works Department/Engineering Division. WORKER'S COMPENSATION SELF INSURERS ANNUAL REPORT Recommendation: Receive and file as recommended by the Human Department. Resources APPROVE RESOLUTIONS AMENDING THE CITY'S FLEXIBLE BENEFITS PLAN AND ADDING A TRANSIT EXPENSE REIMBURSEMENT PROGRAM FOR ELIGIBLE CITY EMPLOYEES Recommendation by the Human Resources Department: Adopt the following Resolution Nos. 02-88 and 02-89: RESOLUTION NO. 02-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ITS FLEXIBLE BENEFITS PLAN RESOLUTION NO. 02-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEW TRANSPORTATION BENEFITS PLAN Asenda - City Council September 16, 2002 - Pa§e 3 REGULAR BUSINESS ( ITEMS 12 THROUGH 16 ) 12. CONSIDERATION OF AN EXTRAORDINARY SOLID WASTE RATE ADJUSTMENT REQUEST BY FEDERAL DISPOSAL SERVICE Federal Disposal Service has requested approval of an extraordinary solid waste rate adjustment based on costs associated with an approved union contract with the International Brotherhood of Teamsters, Local 396. Staff has verified the basis for this request and recommends that the City Council approve the rate adjustments and that they be applied to commercial customers and roll off box rates based on the cost of hauler operations. Commercial rates would increase 7.6% and roll off rates would be increased 21.7% over the previously approved Producer Price Index increases. Recommendation by the Public Works Department: Approve a $231,753 extraordinary solid waste rate adjustment for Federal Disposal Service directly related to costs of the approved union contract and apply the rate adjustments to commercial and roll off customers. 13. REQUEST FOR FUNDING FOR THE TUSTIN OLD TOWN ASSOCIATION The Tustin Old Town Association is requesting financial assistance. Recommendation: Pleasure of the City Council. 14. ADOPTION OF URGENCY ORDINANCE NO. 1259 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 Broadband's compliance with Franchise requirements and concluded that certain deficiencies require corrective action. The City has issued corrective notices to AT&T Broadband and is awaiting an adequate response. The Franchise will expire on October 5, 2002. Staff is recommending that the City Council approve a thirty day Franchise extension from October 5, 2002, to November 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 adoption of the following Urgency Ordinance No. 1259 (roll call vote): ORDINANCE NO. 1259- 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 NOVEMBER 5, 2002 Agenda - City Council September 16, 2002 - Page 4 15. OCFA FIREFIGHTER MEMORIAL Mayor Pro Tem Worley requested that this item be agendized for City Council discussion. OCFA has requested that the City donate funds for the firefighter memorial to be located at the OCFA headquarters facility under construction on Jamboree Road. Recommendation: Pleasure of the City Council. 16. OCTA CENTERLINE PROJECT Councilmember Bone requested that this item be agendized for City Council discussion. In recent weeks, there have been discussions by the OCTA Board of Directors and Irvine City Council about the route for the proposed CenterLine project. Some Irvine City officials have suggested that one segment of the line extend to the Tustin Metrolink station. Recommendation: Pleasure of the City Council. 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 ADJOURNMENT - The 75th Anniversary reception will immediately follow the City Council meeting in the Clifton C. Miller Community Center; and the next regular meeting of the City Council is scheduled for Monday, October 7, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council September 16, 2002 - Page 5