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Home My WebLink About00 AGENDA 11-18-02 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN, CALIFORNIA NOVEMBER 18, 2002 CLOSED SESSION - 5:30 P.M. PUBLIC SESSION - 7:00 P.M. CLOSED SESSION - 5:30 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 pending litigation to which the City is a party, SAUSD vs. City of Tustin, Case Number 01CC02595 (state court matter). 2. Discuss substantial exposure to litigation (one case) pursuant to Government Code Section 54956.9(3)(A). 3. Confer with the City's real property negotiator. Property: 13011 Newport Avenue, Plaza La Fayette, LLC (Jack Stanaland), (Assessor's Parcel No. 401-221-24 and 401- 281-10). Negotiators: City Manager or his designee and Plaza La Fayette, LLC. Under Negotiation: Price and terms of payment. 4. Confer with the City's real property negotiator. Property: 13102 - 13152 Newport Avenue, Interstate Properties Associates (Nader Daueshgar), (Assessor's Parcel No. 500-111-01, 02, 03 and 04). Negotiators: City Manager or his designee and Interstate Properties Associates. 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 PROCLAMATION/CERTIFICATE OF RECOGNITION - None Agenda - City Council November 18, 2002 - Page 1 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 her/his time to another speaker. A Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARING (ITEM 1 ) 1. CODE AMENDMENT 02-007 Code Amendment 02-007 would prohibit assembly uses on industrially zoned properties. To complete the analysis for Code Amendment 02-007, staff needs additional time to further research the proposed amendment and recommends that the public hearing on this item be continued to February 17, 2003. Recommendation by the Community Development Department: Continue this item to the February 17, 2003 City Council meeting. CONSENT CALENDAR (ITEMS 2 THROUGH 14) 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 - NOVEMBER 4, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 4, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,072,314.83 and ratify Payroll in the amount of $442,726.90. , PLANNING COMMISSION ACTION AGENDA- November 12, 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 November 12, 2002. 5, APPROVAL OF AGREEMENT WITH THE RAYMOND J. LARSON FAMILY TRUST, THE DONAHUE-SCHRIBER CORPORATION, AND ROD FRASER ENTERPRISES, INC. REGARDING THE IRVINE BOULEVARD STORM DRAIN PROJECT (CIP NO. 5024) Recommendation: Approve the Agreement with the Raymond J. Larson Family Trust, the Donahue-Schriber Corporation, and Rod Fraser Enterprises, Inc. regarding the Agenda - City Council November 18, 2002 - Page 2 . ! , . 10. Irvine Boulevard Storm Drain Project and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. ADOPTION OF FINAL NEGATIVE DECLARATION AND APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS -IRVINE BOULEVARD STORM DRAIN PROJECT (ClP NO. 5024) Recommendation by the Public Works Department/Engineering Division: Adopt the following Resolution Nos. 02-101 and 02-102: RESOLUTION NO. 02-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE IRVINE BOULEVARD STORM DRAIN PROJECT (CIP NO. 5024) AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 02-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE IRVINE BOULEVARD STORM DRAIN PROJECT- PHASE 1 (CIP NO. 5024) AND AUTHORIZING ADVERTISEMENT FOR BIDS RESOLUTION NO. 02-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER Recommendation: Adopt Resolution No. 02-106, approving Amendment No. 4 to the Employment Agreement with the City Manager as recommended by the City Attomey. RESOLUTION NO. 02-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ACCEPTING THE WORKS OF IMPROVEMENTS AND AUTHORIZING RECORDATION OF A NOTICE OF COMPLETION FOR THE INSTALLATION OF AUTOMATIC DOOR MECHANISM FOR THE CITY HALL MAIN ENTRANCE (CIP NO. 1032) Recommendation: Adopt Resolution No. 02-105 accepting said work and authorizing the recordation of the Notice of Completion, and direct the City Clerk to: 1 ) Release the Labor and Materials Payment 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 1-year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Field Services Division. DECLARATION OF SURPLUS OFFICE FURNITURE Recommendation: Declare the miscellaneous fumiture detailed in the attached report 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 fumiture at public auction as recommended by the Public Works Department/Field Services Division. RESOLUTION NO. 02-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2002-2003 (CIP NO. 7001), AND ANNUAL SIDEWALK, CURB AND GUTTER REPAIR PROJECT, FY 2002-2003 (PROJECT NO. 402-6235), AND AUTHORIZING ADVERTISEMENT FOR BIDS Agenda - City Council November ].8, 2002 - Page 3 Recommendation: Adopt Resolution No. 02-103, approving the plans and specifications for the Annual Major Maintenance Project, FY 2002-2003 (CIP 7001), and Annual Sidewalk, Curb and Gutter Repair Project, FY 2002-2003 (Project No. 402-6235) and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 11. INTERIM AGRICULTURAL PROPOSALS, MCAS TUSTIN Recommendation: Direct staff to work with Gargiulo, Inc. as the prospective agricultural tenant for Parcel 1 and Pinnacle Farms, LLC as the prospective agricultural tenant for Parcel 2 as recommended by the Redevelopment Agency Staff. 12. DECLARATION OF SURPLUS ITEMS AT MCAS- TUSTIN HOUSING UNITS Recommendation: Declare the miscellaneous appliances detailed in the attached report as surplus and not required for public use, in accordance with the Tustin City Code Section 1626, approve the sealed bid public auction documents and authorize the City Clerk to advertise for and the City to sell said appliances at the proposed sealed bid public auction as recommended by the Public Works Department/Field Services Division. 13. PROJECT FUNDING FOR THE MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Recommendation by the Community Development Department: 1. Authorize the use of City AB 2766 funds for the Tustin Commuter Rail Station; and, , Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2002/2003 program year as needed. 14. RESOLUTION NO. 02-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DELEGATING TO THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE THE AUTHORITY TO GIVE NOTICE ON BEHALF OF THE CITY COUNCIL EITHER BY MAIL OR PERSONAL SERVICE AS PROVIDED IN CODE OF CIVIL PROCEDURE SECTION 1245.235 Recommendation: Adopt Resolution No. 02-107, delegating to the City Manager or City Manager's designee the authority to provide notice of a hearing on a proposed Resolution of Necessity as recommended by the City Attorney. REGULAR BUSINESS (ITEM 15 ) 15. ORDINANCE NO. 1262- ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES The State's Health and Safety code requires local govemments to adopt the most recent editions of the model codes related to construction. The construction codes include: the California Building, Fire, Mechanical, Plumbing, and Electric Codes, and other related codes. If the City Council approves Ordinance No. 1262, the most recent editions of the construction codes with the applicable amendments will be in effect within the City of Tustin as required by state law. Agenda - City Council November 18, 2002 - Page'4 Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1262 (mil call vote): ORDINANCE NO. 1262 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT THE 2001 EDITIONS OF THE CALIFORNIA CODES AND RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS THERETO 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 her/his 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 Attomey, City Council COMMITTEE REPORTS- City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, December 2, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council November 18, 2002 - Page 5