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Home My WebLink About04 CC Action Agenda 09-16-02Report to the ITEM Planning Commission DATE: SEPTEMBER 23, 2002 SUBJECT: CITY COUNCIL ACTION AGENDA SEPTEMBER 16, 2002 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS: CITY COUNCIL ACTION AGENDA SEPTEMBER 16, 2002 ACTION AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN SEPTEMBER 16, 2002 CLOSED SESSION - 5:30 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:30 P.M. 5:30 p.m. All present None Announced 7:03 p.m. Given Given All present None Given Given Linda Jennings Frank Parvin CALL TO ORDER ROLL CALL PUBLIC INPUT 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 01 CC02595 (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 Reported on the success of 2002 Broadway in the Park, Pirates of Penzance; and reported on an upcoming concert by the Kiev Symphony. Reported on difficulties his and other businesses have experienced during the 7-month construction in Old Town and requested financial assistance, tax breaks, advertising assistance, and staff Action Agenda - City Council September 16, 2002 - Page 1 Patricia Boardman Approved Continued to October 7 Approved Approved interaction with Old Town merchants. Invited the community to a Living History Alliance event on October 19. PUBLIC HEARING (ITEMS 1 THROUGH 2 ) , 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 ) . 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 Action Agenda - City Council September 16, 2002 - Page 2 Ratified Approved Adopted Resolution No. 02-85 Approved Adopted Resolution No. 02-87 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. 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 Action Agenda- City Council September 16, 2002- Page 3 Public Works Department/Engineering Division. Received and filed 10. WORKER'S COMPENSATION SELF INSURERS ANNUAL REPORT Recommendation: Receive and file as recommended by the Human Resources Department. Adopted Resolution Nos. 02-88 and 02-89 11. 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 REGULAR BUSINESS (ITEMS 12 THROUGH 16) Approved 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. Continued for 60 days MC 4-1, Doyle opposed 13. REQUEST FOR FUNDING FOR THE TUSTIN OLD TOWN ASSOCIATION Action Agenda - City Council September 16, 2002 - Page 4 Adopted Urgency Ordinance No. 1259, as modified 14. The Tustin Old Town Association is requesting financial assistance. Recommendation: Pleasure of the City Council. 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 TVVO DAYS UNTIL OCTOBER 7, 2002 Donated $7,500 MC 3-2, Bone, Doyle opposed Send Letter to City of Irvine Opposing the 15. 16. 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. OCTA CENTERLINE PROJECT Action Agenda - City Council September 16, 2002 - Page 5 Segment of CenterLine Project to the Metrolink Station None Doyle Bone Kawashima Worley Thomas 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 OTHER BUSINESS/COMMITTEE REPORTS Encouraged the community to attend Tiller Days. Reported that SCAG opposed Proposition 51 and a presentation would be made to SCAG on the high speed rail system. Reported on Water Advisory Board meeting - Tustin's demand for water had increased from last year and the City was continuing to use a high percentage of imported water. Reported on Sanitation District meeting - disinfecting the outfall was taking place. Stated coyotes were seen in Laurelwood. Commented on a Senior Center voucher program and commended a local business owner who was involved in the program. Invited everyone to attend Tiller Days. Said Tustin Meadows residents were interested in receiving information on the Katherine Spur land. Thanked former mayors for coming to the 75th anniversary reception; noted former mayors would be introduced during an event at Tiller Days; and introduced former mayors in the audience. Noted an article on the growth of skateboarding parks in the country. Stated the City's 75th anniversary would be celebrated at Tiller Days. Action Agenda - City Council September 16, 2002 - Page 6 8:26 p.m. Said he had been contacted by the Tustin Lincoln Mercury dealership requesting an increase in signage along the freeway. 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. Action Agenda - City Council September 16, 2002 - Page 7 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 16, 2002 8:26 p.m. CALL TO ORDER All present ROLL CALL None PUBLIC INPUT Approved REGULAR BUSINESS ( ITEM 1 ) 1. APPROVAL OF MINUTES - SEPTEMBER 3, 2002 REGULAR MEETING None Recommendation: Approve the Redevelopment Agency Minutes of September 3, 2002. OTHER BUSINESS CLOSED SESSION - None 8:26 p.m. ADJOURNMENT - The next regular meeting of the Redevelopment Agency is scheduled for Monday, October 7, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency September 16, 2002 - Page 1