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HomeMy WebLinkAbout00 AGENDA 10-07-02 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN OCTOBER 7, 2002 CLOSED SESSION - 5:00 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:00 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 to 1) confer with the City Attorney regarding (a) 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 b) significant exposure to litigation (Government Code Section 54956.9(b)(3)(A); 2) consider a performance evaluation pursuant to Government Code Section 54957 (City Manager); 3) confer with the City's labor negotiator pursuant to Government Code Section 54957.6, Agency negotiator is Mayor or Mayor Pro Tem, unrepresented employee (City Manager); 4) confer with the City's real property negotiator. Property: 339 S. Preble (Assessor's Parcel No. 401-592- 12), 300 E. 3rd Street (Assessor's Parcel No. 401-592-10), 325 S. Preble (Assessor's Parcel No. 401-592-11), and 305 E. Main Street (Assessor's Parcel No. 401-592-13, 14, and 15). Negotiators: City Manager or designee and William R. and Susan E. Blanchard, Brandon Blanchard and Nicole Blanchard, Ryo Shinagawa, Kenneth J. and Lisa K. Potiker, and Tustin Masonic Temple Association. Under Negotiation: Price and terms of payment; and 5) confer with the City's real property negotiator. Property: 1211 Edinger (Assessor's Parcel No. 430- 252-08) and 1201 Edinger (Assessor's Parcel No. 430-252-07). Negotiators: City Manager or designee and Herbert S. Kaufman, and Michael Leifer (AAE). Under Negotiation: Price and terms of payment. REGULAR MEETING - 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT Agenda - City Council October 7, 2002 - Page 1 PROCLAMATION - Hank Nunez - Community Volunteer PRESENTATION - Groundwater Replenishment System Project Status - Lisa Murphy, Orange County Sanitation District 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 beginning and end of the meeting. PUBLIC HEARING (ITEMS 1 THROUGH 3 ) 1. CODE AMENDMENT 02-005 (WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES) Code Amendment 02-005 (Ordinance No. 1260) is an amendment to Sections 9276b and 9276i of the Tustin City Code relating to Wireless Communication Facility Regulations and Guidelines to define the addition of stealth antennas to existing facilities as Minor Wireless Communication Facilities, which are subject to expedited review. On September 23, 2002, the Planning Commission considered Code Amendment 02-005 and recommended that the City Council adopt the amendment to the existing Wireless Communication Facility Regulations and Guidelines. Recommendation by the Community Development Department: 1. Adopt the following Resolution No. 02-92, adopting the Final Negative Declaration as adequate for Code Amendment No. 02-005: RESOLUTION NO. 02-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 02-005 (ORDINANCE NO. 1260) AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 2. Introduce and have first reading by title only of the following Ordinance No. 1260, to amend Sections 9276b and 9276i of the Tustin City Code: ORDINANCE NO. 1260 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTIONS b AND i OF SECTION 9276 OF THE TUSTIN CITY CODE, RELATING TO MINOR WIRELESS COMMUNICATIONS FACILITIES Agenda - City Council October 7, 2002 - Page 2 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. 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 November 4, 2002. Recommendation by the Community Development Department: Continue this item to the November 4, 2002 City Council meeting. 3. LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM The Omnibus Appropriations Act for fiscal year 1999 (Public Law 105-119) authorizes the Director of the Bureau of Justice Assistance to make funds available to local government under the Local Law Enforcement Block Grant (LLEBG) programs for reducing crime and improving public safety. The Police Department proposes using the 2002-03 LLEBG funds to purchase an upgraded CCTV video system to monitor interior facilities and holding cell/sallyport activities. This system will also allow for added security to our front desk and parking lot areas. Recommendation by the Police Department: 1. Open and close the public hearing. 2. Authorize usage of funds as recommended by the Police Department. CONSENT CALENDAR (ITEMS 4 THROUGH 18 ) 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 16, 2002 REGULAR MEETING AND SEPTEMBER 23, 2002 SPECIAL MEETING Recommendation: Approve the City Council Minutes of September 16, 2002, and September 23, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,536,999.70 and ratify Payroll in the amount of $893,897.40. , PLANNING COMMISSION ACTION AGENDA- SEPTEMBER 23, 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 23, Agenda - City Council October 7, 2002 - Page 3 . . , 10. 11. 12. 13. 2002. JOINDER IN AMICUS BRIEF ON BEHALF OF THE REGIONAL FIRE PROTECTION AUTHORITY IN EASTBURN V. REGIONAL FIRE PROTECTION AUTHORITY Recommendation: The California Supreme Court has granted review in this case after favorable trial court and appellate court decisions in favor of the Authority. The plaintiffs had alleged that the Authority and the City of Victorville were liable because the 911 dispatcher did not send help eadier. The Legal Advocacy Committee of the League of California Cities urges cities to join in the amicus brief as recommended by the City Attorney. NO COST JOINDER IN AMICUS CURIAE BRIEF IN SUPPORT OF THE CITY OF SACRAMENTO'S PETITION FOR A WRIT OF CERTIORARI IN BARDEN V. CITY OF SACRAMENTO Recommendation: Approve No Cost Joinder in Amicus Curiae Brief in support of the City of Sacramento's Petition For A Wdt of Certiorari as recommended by the City Attorney. JOINDER IN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF SAN DIEGO IN BORDER BUSINESS PARK, INC. VS. CITY OF SAN DIEGO Recommendation: Approve Joinder in an amicus brief in support of the City of San Diego in Border Business Park, Inc. vs. City of San Diego. The City of San Diego is appealing a trial court decision that found the City liable for a "taking" of private property when the City publicly investigated a proposal to build a new international airport and rerouted commercial truck traffic on a street adjacent to the plaintiff's property as recommended by the City Attorney. CLAIM BY THE GAS COMPANY; CLAIM NO. 02-28 Recommendation: Deny the claim and direct the City Clerk to provide notice to the Claimant and the Claimant's attorneys as recommended by the City Attorney. ENVIRONMENTAL INSURANCE FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP NO. 7133) Recommendation: Authorize staff to bind environmental insurance coverage from ECS Insurance Company for property to be acquired on the southeast and southwest corners of the intersection of Red Hill Avenue and El Camino Real, and to authorize a premium payment in the amount of $84,046 (which includes taxes and fees), subject to City Attorney approval of all carrier policy terms and conditions as recommended by the Public Works Department/Engineering Division. APPROVAL OF AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. 12-238 WITH THE STATE OF CALIFORNIA FOR THE NEWPORT AVENUE EXTENSlON/SR- 55 RAMP RECONFIGURATION PROJECT (CIP NO. 7130) Recommendation: Approve Amendment No. 2 to Cooperative Agreement No. 12-238 with the State of California (Caltrans) and authorize the Mayor and City Clerk to execute the document on behalf of the City as recommended by the Public Works Department/Engineering Division. AWARD OF CONTRACT FOR INSTALLATION OF A WICK IRRIGATION SYSTEM ON JAMBOREE ROAD (CIP NO. 1538) Recommendation: Award the construction contract for the installation of a Wick Irrigation Agenda - City Council October 7, 2002 - Page 4 14. 15. 16. 17. 18. System on Jamboree Road (CIP No. 1538) to Lanco Landscape Management, Inc. the Iow bidder, in the amount of $23,685, and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Field Services Division. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR UPDATE OF CITYWlDE PAVEMENT MANAGEMENT SYSTEM Recommendation: Approve a Consultant Services Agreement with Nichols Consulting Engineers, Chtd. to update the Citywide Pavement Management System at a not to exceed amount of $64,900 for Fiscal Year 2002-03, and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLANS Recommendation: Adopt Resolution No. 02-93, amending the City's Classification and Compensation Plans, adopt the new class specifications and authorize hourly wages for Police Reserve Office Level I/Level II and Police Reserve Officer Level III and approve the new class specification for Police Services Officer as recommended by the Human Resources Department. AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE CATCH BASIN INSERT PROJECT FY 2002-03 (PROJECT NO. 402-6222) Recommendation: Award the construction contract for the Catch Basin Insert Project FY 2002-03 (Project No. 402-6222) to United Storm Water Inc., the Iow bidder in the amount of $79,682.00 and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 02-94- 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 FOOTHILL RESERVOIR REPAIRS (CIP No. 6113) Recommendation: Adopt Resolution No. 02-94, 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 the 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 $49,496.33 to Denboer Engineering and Construction, Inc., thirty-five days after the date of recordation of the Notice of Completion as recommended by the Public works Department/Water Services Division. AWARD OF CONTRACT FOR ANNUAL STRIPING/PAVEMENT MARKING PROGRAM FOR FISCAL YEARS 2002-03 THROUGH 2006-07 (PROJECT NO. 402-6230) Recommendation: Award the contract for the Annual Striping/Pavement Marking Program for Fiscal Years 2002-03 to 2006-07 (Project No. 402-6230) to the Iow bidder, J & S Sign Company, Inc., in the amount of $107,960.00 and authorize the Mayor and City Agenda - City Council October 7, 2002 - Page 5 Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. REGULAR BUSINESS (ITEMS 19 THROUGH 21 ) 19. APPROVAL OF PERMANENT PARKING ON THE NORTH SIDE OF KELLER DRIVE AND SPECIAL EVENT PARKING ON ROBINSON DRIVE ON WEEKENDS, HOLIDAYS AND FOR SPECIAL EVENTS There is a demand for additional parking for special events occurring at the Tustin Sports Park and at Tustin Ranch Elementary School. By authorizing permanent parking on the north side of Keller Drive during weekends, holidays, and special events; and by authorizing parking on Robinson Drive for City and school approved events on an as needed basis, the demand for additional parking at these facilities will be accommodated. Recommendation by the Public Works Department/Engineering Division: 1. Authorize permanent parking on the north side of Keller Drive during weekends, holidays and for special events; and 2. Authorize parking on Robinson Drive on an as-needed basis. 20. TUSTIN HIGH SCHOOL- TILLER TRICK OR TREAT REQUEST The Associated Student Body at Tustin High School is seeking a contribution of $2,500 to cover the cost of implementing the "Tiller Trick or Treat" event on October 31,2002. Recommendation: Pleasure of the City Council. 21. MEDIA ONE/AT&T BROADBAND FRANCHISE RENEWAL The City is in the midst of franchise renewal proceedings with AT&T Broadband. City investigations have revealed deficiencies in various aspects of AT&T's operations and the City has not received adequate assurances from AT&T that corrective actions have or will be undertaken. In addition, the City has not received an adequate franchise renewal proposal. Based on the constraints of the Federal Telecommunications Act, staff is recommending the adoption of an urgency ordinance to extend the franchise until January 6, 2003, to provide additional time for AT&T to correct operational regulatory deficiencies. Once the operational and regulatory deficiencies are corrected, the City will be in a better position to evaluate the long term renewal of the franchise. Recommendation by the Public Works Department/Engineering Division: Accept Option 3 and have first reading by title only and adoption of the following Urgency Ordinance No. 1259 extending a Cable Television Franchise with Media One of Los Angeles, Inc., dba AT&T Broadband franchise until January 6, 2003: Agenda - City Council October 7, 2002 - Page 6 ORDINANCE NO. 1261 - AN URGENCY 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 UNTIL JANUARY 6, 2003 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 hedhis 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 next regular meeting of the City Council is scheduled for Monday, October 21,2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council October 7, 2002 - Page 7