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Home My WebLink About00 AGENDA 09-20-99AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN SEPTEMBER 20, 1999- 7:00 P.M. CALL TO ORDER INVOCATION - Pastor Dane Counts, Kings Way Church PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATION - (1) Fire Prevention Week, and (2) Jack Duesler Recognition PRESENTATION - Or~ange County Water District Groundwater Replenishment System 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. PUBLIC HEARING (ITEM 1) APPEAL OF USE DETERMINATION 99-002 (APPELLANT: A.G. KAWAMURA, ORANGE COUNTY PRODUCE Use Determination 99-002 is a request to establish agricultural operations as a permitted use on vacant land within the Office and Regional Center Land Use Designations of the Pacific Center East Specific Plan. Recommendation by the Community Development Department: 1. Open and close the Public Hearing. 2. Adopt the following Resolution No. 99-76: Agenda - City CounCil September 20, 1999 - Page 1 RESOLUTION-,~IO. 99-76- A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING THE APPEAL OF USE DETERMINATION 99-002 AND DETERMINING THAT AGRICULTURAL USES ARE PROHIBITED WITHIN THE REGIONAL CENTER AND OFFICE CENTER LAND USE DESIGNATIONS IN THE PACIFIC CENTER EAST SPECIFIC PLAN CONSENT CALENDAR (ITEMS 2 THROUGH 15 ) 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 7, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 7, 1999. 1 APPROVAL OF DEMANDS AND RATIFICATION 'OF PAYROLL Recommendation: Approve Demands in the amount of $1,805,515.08 and ratify Payroll in the amount of $396,835.41. . PLANNING COMMISSION ACTION AGENDA- SEPTEMBER 13, 1999 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 13, 1999. RESOLUTION NO. 99-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR HERITAGE PARK (PROJECT NO. 400042). Recommendation: Adopt Resolution No. 99-80 accepting said work as complete, authorize the recordation of the Notice of Completion, and direct the City Clerk to (1) Release the security deposit as per the escrow agreement pursuant to Section 22300 of the Public Contract Code no sooner than thirty-five (:35) days after the date of the recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond no sooner than one (:1) year after the date of the recordation of the Notice of Completion as recommended by Parks and Recreation Services. . RESOLUTION NO. 99-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 99-3 Recommendation: Adopt Resolution No. 99-77 approving Lot Line Adjustment No. 99-3 as recommended by the Public Works Department/Engineering Division. . RESOLUTION NO. 99-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF SUBJECT IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL SURFACE TRANSPORTATION PROGRAM Agenda - City Council September 20, 1999 - Page 2 . . 10. 11. 12. 13. 14. 3.5. Recommendation: Adopt Resolution No. 99-78 req,,esting the Orange County Transportation Authority include the City of Tustin's projects in the 1999- 2000/2003-2004 Regional Surface Transportation Program as recommended by the Public Works Department/Engineering Division. DENIAL OF' CLAIM NO. 99-27, CLAIMANT: SARAH ROGERS Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. DENIAL OF CLAIM NO. 99-31, CLAIMANT: LORRAINE LUJAN Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. DENIAL OF CLAIM NO. 99-32, CLAIMANT: REGINA GERONDALE Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. DENIAL OF CLAIM NO. 99-33, CLAIMANT: FRANCES ROSADO Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. EMPLOYMENT OF ATTORNEYS, HAHN AND HAHN Recommendation: Authorize the City Manager or Assistant City Manager, subject to review and approval of the City Attorney, to enter into an agreement with attorneys, Hahn and Hahn, for special counsel services as recommended by the. City Attorney. DECLARATION OF. SURPLUS EQUIPMENT Recommendation: (1) Declare subject equipment surplus and not required for public use, (2) Authorize staff to donate the surplus computer equipment to the Tustin Community Foundation for reconditioning and distribution to non-profit organizations, and (3) Authorize staff to have auctioned serviceable equipment of value and dispose of assets beyond repair as recommended by the Police Department. MOBILE DATA SYSTEM USER AGREEMENT Recommendation: Authorize the City Manager to execute the Mobile Data System User Agreement with the City of Brea for continuation of subject project as recommended by the Police Department. RESOLUTION NO. 99-79- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY FOR TUSTIN OLD TOWN STREETSCAPE IMPROVEMENT PROJECT Recommendation: Adopt Resolution No. 99-79 authorizing the nomination of the Tustin Streetscape Improvement Project for consideration by the Orange County Agenda - City Council September 20, 1999 - Page 3 Transportation Au~,~ority for funding as part of the ,,ansportation Enhancement Activities grant program, and authorize the Director of Public Works/City Engineer to act in connection with the nomination and to provide such additional information as may be required as recommended by the Public Works Department and Redevelopment Agency. REGULAR BUSINESS (ITEMS 16 THROUGH 18) 16. TUSTIN HIGH SCHOOL TILLER TRICK OR TREAT REQUEST The Associated Student Body of Tustin High School is seeking a contribution in the amount of $2,500 to cover the costs of implementing the "Tiller Trick or Treat" event on October 31, 1999. Recommendation: Pleasure of the City Council. 17. PLANNING COMMISSION TERM OF OFFICE At the September 7, 1999 City Council meeting, Mayor Worley raised issues related to a city ordinance that restricts Planning Commissioners from running for the City Council unless they resign their appointments on the Commission. Recommendation: Pleasure of the City Council. 18. ADOPTION OF 2% @ 55 RETIREMENT OPTION FOR MISCELLANEOUS MEMBERS Adoption of Resolution No. 99-81 and Ordinance No. 1221 will authorize amending the contract with the Public Employees Retirement System to provide Section 21354 (2% @ 55 Full Formula) for miscellaneous members of the City. Recomm.endation by Personnel Services: o Adopt the following Resolution No. 99-81 which gives notice of the City's intent to approve an amendment to the Public Employees Retirement System for miscellaneous members to provide Section 21354 (2% @ 55 Full Formula): RESOLUTION NO. 99-81 - A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN . Have first reading by title only and introduction of the following Ordinance No. 1221 authorizing the Mayor to execute the amendment for and on behalf of the City: Agenda - City Council September 20, 1999 - Page 4 ORDINANCE NO. 1221 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM 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 CLOSED SESSION - The City Council shall convene in closed session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation to which the City is a party: Sara Pashalides v. City of Tustin, et.al., and regarding threatened litigation pursuant to Government Code Section 54956.9(b)(3)C): claim of Francisco Romero, Claim No. 99-22. The claim may be reviewed in the City Clerk's office. ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, October 4, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council September 20, 1999 - Page 5