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Home My WebLink About00 AGENDA 10-16-00 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN OCTOBER 16, 2000 CLOSED SESSION - 6:00 P.M. PUBLIC SESSION - 7:00 P.M. CALL TO ORDER INVOCATION - Bill Stevens, Salvation Army Church PLEDGE OF ALLEGIANCE - Boy Scout Troop 323 ROLL CALL PROCLAMATION - None PUBLIC INPUT - At this time members of the public may address th'e 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 tape recording of the meeting can be attributed to you. When you start to address the City Council, please state your full name and address for the record. A Public Input portion is provided both at the beginning and end of the meeting. CLOSED SESSION - At 6:00 p.m. the City Council will convene in closed session to confer with their labor negotiator, Arlene Marks, Director of Human Resources, regarding Tustin Municipal Employees Association,.Tustin Police Managers Association, and Tustin Police Officers Association; and to confer with the City Attorney regarding anticipated litigation pursuant to Government Code Section 54956.9(b)(3)(A) (one case) (significant exposure to litigation) and 54956.9(c) (one case) (City is considering initiating litigation.) PUBLIC HEARING - NOne CONSENT CALENDAR (ITEMS 1 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 - OCTOBER 2, 2000 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 2, 2000. Asenda- City Council October ,6, 200~~1i~~ I~~~U . . . . . . APPROVAL OF DElV,,-,NDS AND RATIFICATION OF P,... 4OLL Recommendation: Approve Demands in the amount of $1,252,334.20 and ratify Payroll in the amount of $418,282.67. RESOLUTION NO. 00-70- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT FY 2000-2001 (PROJECT NO. 402-6235) AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 00-70 approving the plans and specifications for the Annual Sidewalk and Curb and Gutter Repair Project FY 2000-2001 and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Water Services Division. RESOLUTION NO. 00-66 - 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 REPLACEMENT PROJECTS, PROSPECT AVENUE, SEVENTEENTH STREET AND NEWPORT AVENUE (ClP NOS. 6141,6142, AND 6087) Recommendation: Adopt Resolution No. 00-66 accepting said work as complete and authorize 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 claims or Stop Notices are filed, it is further recommended that 35 days after the date of recordation of the Notice of Completion the City Council authorize payment of the final 10% in the amount of $82,763.34 to Steve Casada Construction Co., Inc. as recommended by the Public Works Department/Engineering Division. AWARD OF CONTRACT FOR CANOPY FOR STREET SWEEPER UNLOADING AREA, NPDES COMPLIANCE (ClP NO. 1036) Recommendation: 1) Approve a supplemental appropriation of $95,000.00 for FY 2000- 2001 from the unappropriated balance of the Capital Improvement Fund to the canopy for street sweeper unloading area, NPDES Compliance Project (ClP No. 1036); and 2) Award the construction contract for the canopy for the street sweeper unloading area to Station Equipment Leasing Corp., the Iow bidder, in the amount of $220,496.75, 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. SURPLUS EQUIPMENT SALES REPORT Recommendation: Receive and file subject report as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 00-68 - A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING 'THE ASSIGNMENT OF THE LEASE AGREEMENT FOR THE FOOD AND BEVERAGE CONCESSION AT THE TUSTIN SPORTS PARK Recommendation: Adopt Resolution No. 00-68 approving the assignment of the lease transfer of the Tustin Sports Park Concession to Luigi and Amy Ravetto, dba Express Spod~Gaf~ and waiv¢,~e City's right to collect a transfer fee as recommended by the Dire~dr .,o,f Parks a:n~ Re~,'reation. AlCeh~l~- City Council October :~6, 2000 - Pa§e 2 , PLANNING COMMISSION ACTION AGENDA - OCTOBER 9, 2000 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 October 9, 2000. o QUARTERLY INVESTMENT REPORT Recommendation: Receive and file subject report as Treasurer. recommended by the City 10. RESOLUTION NO. 00-69 - 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. 00-69 modifying the Appendix (Designated Positions) contained in the City's Conflict of Interest Code to add the positions of Director of Human Resources, Associate Civil Engineer, and Assistant Civil Engineer as recommended by the Office of the City Clerk. REGULAR BUSINESS (ITEMS 11 THROUGH 16 ) 11. AMENDMENT TO THE AGREEMENT BETWEEN ORANGE COUNTY WATER DISTRICT AND THE CITY OF TUSTIN FOR THE CONSTRUCTION, OPERATION, AND ACQUISITION OF A GROUNDWATER DESALTER PROJECT, FOR REPLACEMENT OF FAILED WELL The proposed amendment provides for the financing, design, and construction of a new well at the Seventeenth Street Desalter to replace Well No. 1. The design and construction of the replacement well will be funded through a loan from the Orange County Water District in accordance with the terms of the Original Agreement for the construction of the Seventeenth Street Desalter and this amendment. Additionally, the Metropolitan Water District (MWD) of Southern California is providing financial incentives for the Seventeenth Street Desalter under a Groundwater Recovery Program and has indicated that the construction of a new well is an eligible cost under the existing Groundwater Recovery Program Agreement. As an eligible cost, it is anticipated that the project loan will be paid through the financial incentive provided by MWD on each acre- foot of water produced annually at the Desalter. Recommendation by the Public Works Department/Engineering Division: Approve the amendment to the Agreement between the Orange County Water Distdct and the City of Tustin for the Construction, Operation, and Acquisition of a Groundwater Desalter Project, for Replacement of Failed Well, and authorize the Mayor and City Clerk to execute the amendment on behalf of the City. 12. AT&T BROADBAND SERVICE RATES Representatives from AT&T Broadband will make a presentation to the City Council explaining the new cable services rate structure. Agenda - City Council October 16, 2000 - Page 3 13. 14. 15. 16. Recommendation: Re,,~ve and file subject report as rec,. ,~ended by the Public Works Department/Engineering Division. ORDINANCE NO. 1231, AMENDMENT TO THE SEXUALLY ORIENTED BUSINESSES CODE The City Council adopted Ordinance No. 1204 in 1998 to regulate sexually oriented businesses. Since then the Federal Court has made several revisions to the law regulating expressive conducts that are protected by the First Amendment to the United States Constitution. These revisions affect'the City's process in investigating, issuing and revoking sexually oriented business permits. As such, a code amendment is being proposed to comply with recent CoUrt decisions. Recommendation: Have second reading by title only and adoption Of the following Ordinance No. 1231 (roll call vote): ORDINANCE NO. 1231 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 3917, SUBSECTION (A) OF SECTION 3918 AND SUBSECTIONS (A) AND (B) OF SECTION 3924 OF THE TUSTIN CITY CODE, RELATING TO THE INVESTIGATION, ISSUANCE, AND APPEAL OF PERMITS FOR THE ESTABLISHMENT OF SEXUALLY ORIENTED BUSINESSES PRESENTATION BY TUSTIN OLD TOWN ASSOCIATION REGARDING PROPOSED APPLICATION TO CALIFORNIA MAIN STREET ASSOCIATION The Tustin Old Town Association proposes to submit an application to the California Trade and Commerce Agency to become a California Main Street community and has requested an opportunity to outline the program to the City Council. Recommendation: Pleasure of the City Council. TUSTIN LEGACY: RECOMMENDATION OF SHORT-LIST FOR COMMERCIAL RETAIL DEVELOPER COMPETITION The Tustin City Council's selection of a short-list of developers to proceed to the proposal stage in the development competition for the Tustin Legacy Commercial Retail site is requested, as recommended by the Tustin Legacy Technical Evaluation Team. Recommendation: Accept the recommendation of its Technical Evaluation Team to short- list Donahue Shriber, Home Depot, et. al., Shea Properties and Vestar Development as qualified to proceed to the Request for Proposal stage in competition for development of the approximate 40-acre Tustin Legacy Commercial Retail site as recommended by the Redevelopment Agency Staff. PRESENTATION ON SANITATION DISTRICT ISSUES Councilmember Saltarelli has asked that a discussion item on the Sanitation District be agendized for his presentation to the City Council. Recommendation: Pleasure of the City Council. Agenda - City Council October :~6, 2000 - Page 4 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 tape recording of the meeting can be attributed to you. When you start to address the City Council, please state your full name and address for the record. A Public Input portion is provided both at the beginning and end of the meeting. 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, November 6, 2000, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council October :!.6, 2000 - Page 5