HomeMy WebLinkAbout04 CC Actn Agenda 9/23&10/7/02Report to the
ITEM #4
Planning Commission
DATE:
OCTOBER 14, 2002
SUBJECT:
CITY COUNCIL ACTION AGENDAS
SEPTEMBER 23, 2002 & OCTOBER 7, 2002
PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENTS: CITY COUNCIL ACTION AGENDAS
SEPTEMBER 23, 2002 & OCTOBER 7, 2002
ACTION AGENDA
SPECIAL MEETING OF THE CITY COUNCIL
CITY OF TUSTIN
SEPTEMBER 23, 2002
5:00 P.M.
5:06 p.m.
Kawashima absent
None
Adopted Resolution Nos.
02-90 and 02-91
5:20 p.m.
CALL TO ORDER
ROLL CALL
PUBLIC INPUT
REGULAR BUSINESS (ITEM 1 )
.
SPECIAL MEETINGS OF THE TUSTIN CITY COUNCIL,
TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AND
TUSTIN PUBLIC FINANCING AUTHORITY
Recommendation by the City Manager:
Adopt the following Resolution Nos. 02-90 and 02-91:
RESOLUTION NO. 02-90- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE TUSTIN PUBLIC FINANCING
AUTHORITY
RESOLUTION NO. 02-91 -A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING A QUITCLAIM DEED FROM THE CITY TO
THE TUSTIN PUBLIC FINANCING AUTHORITY AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
QUITCLAIM' DEED AND TO TAKE ALL NECESSARY
IMPLEMENTING ACTIONS
ADJOURNMENT - 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 - Special Meeting of the City Council - September 23, 2002
- Page 1
ACTION AGENDA
SPECIAL MEETING OF THE TUSTIN PUBLIC
FINANCING AUTHORITY
CITY OF TUSTIN
SEPTEMBER 23, 2002
5:21 p.m.
Kawashima absent
None
Adopted Resolution No.
TPFA 02-01
5:21 p.m.
CALL TO ORDER
ROLL CALL
PUBLIC INPUT - Refer to City Council Public Input
REGULAR BUSINESS (ITEM 1 )
.
SPECIAL MEETINGS OF THE TUSTIN CITY COUNCIL,
TUSTIN COMMUNITY REDEVELOPMENT AGENCY, AND
TUSTIN PUBLIC FINANCING AUTHORITY
Recommendation by the City Manager:
Adopt the following Resolution No. TPFA 02-01:
RESOLUTION NO. TPFA 02-1 - A RESOLUTION OF THE
BOARD OF DIRECTORS OF THE TUSTIN PUBLIC
FINANCING AUTHORITY AUTHORIZING ACCEPTANCE
OF A QUITCLAIM DEED, EXECUTION OF A
PROMISSORY NOTE AND DEED OF TRUST,
RECORDATION OF THE QUITCLAIM DEED AND DEED
OF TRUST, AND DELIVERY OF THE PROMISSORY
NOTE AND COPY OF THE RECORDED DEED OF
TRUST; AND AUTHORIZING THE EXECUTIVE
DIRECTOR TO ACCEPT THE QUITCLAIM DEED,
EXECUTE THE PROMISSORY NOTE AND THE DEED
OF TRUST, AND TO TAKE ALL NECESSARY
IMPLEMENTING ACTIONS
ADJOURNMENT
Action Agenda - Special Meeting of the Tustin Public Financing Authority - September 23, 2002
- Page 1
5:04 p.m.
Thomas, Kawashima
absent
None
Announced
7:04 p.m.
Given
Given
ACTION 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
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
Action Agenda - City Council October 7, 2002 - Page 1
All present ROLL CALL
None
Presented
Presented
Mike Portune
Allen Browning
Ken Morrison
Adopted Resolution No.
02-92 and Introduced
Ordinance No. 1260
CLOSED SESSION REPORT
PROCLAMATION - Hank Nunez- Community Volunteer
PRESENTATION - Groundwater Replenishment System Project
Status- Lisa Murphy, Orange County Sanitation District
FIRST PUBLIC INPUT
Representing area homeowners, stated their opposition to the
proposed skate park at Frontier Park.
Spoke on various upcoming Chamber of Commerce events,
legislation, and the Veteran's Day Parade.
Apologized for incorrect information in his campaign flyer.
PUBLIC HEARING (ITEMS 1 THROUGH 3 )
,
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:
o
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
Action Agenda - City Council October 7, 2002 - Page 2
Continued to October 21,
2002
Approved
,
,
ENVIRONMENTAL QUALITY ACT
,
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
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 October 21,2002.
Recommendation by the Community Development
Department:
Continue this item to the October 21,2002 City Council
meeting.
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
Action A§enda - City Council October 7, 2002 - Pa§e 3
Approved
Approved
Ratified
Approved
Approved
Approved
Police Department.
CONSENT CALENDAR (ITEMS 4 THROUGH 18 )
,
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, 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 earlier. The Legal Advocacy Committee of the
League of California Cities urges cities to join in the amicus
brief as recommended by the City Attorney.
o
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 Writ 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,
Action A§enda - City Council October 7, 2002 - Pa§e 4
Approved
Approved
Approved
Approved
10.
11.
12.
13.
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 System on Jamboree Road
(ClP 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.
Action Agenda - City Council October 7, 2002 - Page 5
Approved
Adopted Resolution No.
02-93
Approved
Adopted Resolution No.
02-94
14.
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.
15.
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.
16.
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.
17.
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
Action Agenda - City Council October 7, 2002 - Page 6
Approved
Approved
Donated $2,500
MC 4-1, Bone opposed
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.
18.
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 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:
,
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,
Action Agenda - City Council October 7, 2002 - Page 7
Approved Option 3 and
Adopted Ordinance No.
1261
None
Doyle
Bone
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. 1261
extending a Cable Television Franchise with Media One of
Los Angeles, Inc., dba AT&T Broadband franchise until
January 6, 2003:
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
OTHER BUSINESS/COMMITTEE REPORTS
Commended staff on Tiller Days and Tiller Day Parade route.
Spoke on incident with a recent car repair.
Announced the Santa Cop program would be held on October 12.
Commended staff on Tiller Days event.
Action Agenda - City Council October 7, 2002 - Page 8
Kawashima
Wodey
Thomas
9:01 P.M.
Announced Tustin Pride pumpkin judging begins on October 21.
Reported on OCCOG committee meeting regarding future housing
units and infrastructure report.
Reported on Santa Ana River Flood Protection Agency committee
meeting that the Prado Dam had been put on hold.
Reported on SCAG committee meeting including the El Toro
Airport would remain in the regional plan and Proposition 50 and
51.
Reported on WACO committee meeting - Tustin was using more
water than last year and was still importing water.
Noted he had been a guest speaker at Tustin High School on the
function of government and City Council.
Spoke on falsehoods in certain campaign literature.
Announced Fire Station 21 was having a pancake breakfast on
October 12 benefiting the Make a Wish Foundation.
Commended staff on the Tiller Days event.
Wished Angels luck in the playoffs.
Commended staff on a great Tiller Days event.
Noted the Veterans Day Parade would be held on November 11.
Stated the Mayor's Prayer breakfast would be held on November
7.
Commented on Presidio and Serrano communities need for more
mail boxes.
Requested agendizing the Proclamation/Certificate of Recognition
policy.
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.
Action Agenda - City Council October 7, 2002 - Page 9
ACTION AGENDA
SPECIAL MEETING OF THE TUSTIN PUBLIC
FINANCING AUTHORITY
CITY OF TUSTIN
OCTOBER 7, 2002
9:01 p.m.
All present
None
Approved
9:01 p.m.
CALL TO ORDER
ROLL CALL
PUBLIC INPUT
REGULAR BUSINESS (ITEM 1 )
1. APPROVAL OF MINUTES - SEPTEMBER 23, 2002
SPECIAL MEETING
Recommendation' Approve the Tustin Public Financing
Authority Minutes of September 23, 2002.
ADJOURNMENT
Action Agenda - Special Meeting of the Tustin Public Financing Authority - October 7, 2002
- Page 1
ACTION AGENDA
REGULAR MEETING OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
OCTOBER 7, 2002
9:02 p.m.
All present
None
Approved
None
9:02 p.m.
CALL TO ORDER
ROLL CALL
PUBLIC INPUT
REGULAR BUSINESS (ITEM 1 )
,
APPROVAL OF MINUTES- SEPTEMBER 16, 2002
REGULAR MEETING AND SEPTEMBER 23, 2002
SPECIAL MEETING
Recommendation: Approve the Redevelopment Agency
Minutes of September 16, 2002, and September 23, 2002.
OTHER BUSINESS
CLOSED SESSION - None
ADJOURNMENT - The next regular meeting of the
Redevelopment Agency is scheduled for Monday, October 21,
2002, at 7:00 p.m. in the CounCil Chamber at 300 Centennial Way.
Action Agenda - Redevelopment Agency October 7, 2002 - Page 1