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HomeMy WebLinkAbout00 AGENDA 07-07-97 AGENDA · ~.~ CITY COUNCIL REGULAR MEETING CITY OF TUSTIN JULY 7, 1997,7:00 P.M. WORKSHOP- At 5:30 p.m. in the Community Center, the City Council will conduct a 1997-98 budget workshop. This workshop is open to the public. CALL TO ORDER / PLEDGE OF ALLEGIANCE INVOCATION- Pastor Dane Counts, Kings Way Church ROLL CALL PROCLAMATION- National Parks & Recreation Month 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 HEARINGS (ITEMS I THROUGH 2) I . ORDINANCE NO. 1181 - AN AMENDMENT TO ARTICLE 5 OF THE TUSTIN CITY CODE, PUBLIC SAFETY, ADDING PROVISIONS REQUIRING THE PAINTING OF EXTERIOR MATERIALS USED TO SECURE OPENINGS WITHIN BUILDINGS The proposed amendment to Tustin City Code Section 5502 Will require that devices used to secure openings on vacant and unsecured occupied buildings be painted to match the existing buildings on elevations visible from the public right-of-way. Recommendation by the Community Development Department: 1. Open and close the Public Hearing. .2. Have first reading by title only and introduction of the following Ordinance No. 1181: ORDINANCE NO. 1181 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, PUBLIC SAFETY, CHAPTER COuncil Agenda 1 July 7, 1997 . 5, PROPERT! ~,INTENANCE AND NUISANCi ~ATEMENT REGULATIONS AND STAND~-~,O'S, SECTION 5502 OF THE Tt3o~ IN CITY CODE TABULATION OF ASSESSMENT BALLOTS AND CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT BEGINNING WITH THE 1997-98 FISCAL YEAR The City Council adopted Resolution No. 97-23 which ordered the preparation of an Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape and Lighting District. In conformance with the requirements of Proposition 218, the City Clerk will tabulate the ballots at the conclusion of the Public Hearing and report the results to the City Council. Recommendation by the Public Works Department/Engineering Division: · · e , Open the Public Hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District beginning with fiscal year 1997-98. (Written protests and assessment ballots may be submitted to the City Clerk during the Public Hearing). Close the Public Hearing. (Written protests and assessment ballots will no longer be accepted)· Direct the City Clerk to tabulate the assessment ballots and report the results to the City Council. The City Clerk shall also consider any property owner letters of protest that have b6en received, and not withdrawn, and report to the City Council if a majority protest exists. If the assessment ballot tabulation is not complete after all other items of business on the July 7, 1997 agenda have. been transacted, the City Council should adjourn the meeting to a time certain on July 8, 1997, to complete the tabulation, and depending upon the outcome, adopt Resolution No. 97-62 confirming the assessment. Providing there is no majority protest, and the majority of assessment ballots received approve the assessments, it is recommended that the City Council adopt the following Resolution No. 97-62 confirming the annual assessments beginning with fiscal year 1997-98: RESOLUTION NO. 97-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE. AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT BEGINNING WITH FISCAL YEAR 1997-98 CONSENT CALENDAR (ITEMS 3. THROUGH 20 ) Ail 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. Council Agenda 2 July 7, 1997 3. 4. 5, . 1 Se e 10. 11. 12. APPROVAL OF Mli J:S- JUNE 16, 1997 REGULA;, '--ETING Recommendation' 'A-~)rove the City Council Minutes 'bY'June. 16, 1997. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of ~3,175,712.43 and ratify Payroll in the amount of $723,061.27. DENIAL OF CLAIM NO. 97-5, CLAIMANT: STATE FARM INSURANCE 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. 97-15, CLAIMANT: USAA INSURANCE COMPANY' 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. PLANNING COMMISSION ACTION AGENDA- JUNE 23, 1997 . All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of June 23, 1997. RESOLUTION NO. 97-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 15350 Recommendation: Adopt Resolution No. 97-61 approving Final Tract Map No. 15350 as recommended by the Community Development Department VAN PURCHASE RecommendatiOn: Authorize purchase of prior-approved van from California Comfort Vans, 15040 Goldenwest Circle, Westminister, in the amount of $26,484 plus tax, license, and associated costs as recommended by the Police Department. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 1997-98 Recommendation: Authorize the City Manager to continue fiscal operations for 1997-98 at an appropriation level not to exceed that of 1996-97, until such time as the budget process can be completed (since the 1997-98 budget will not be approved until after July 1, 1997, the City Council needs to authorize expenditures for operations; this includes capital improvement projects approved in fiscal year 1996-97, and would not include new capital improvement projects or services) as recommended by the Finance Department. ANIMAL CONTROL/SHELTER CONTRACT FOR FISCAL YEAR 1997-98 Recommendation: Authorize the Mayor to execute' the Animal Control/Shelter Contract for fiscal year 1997-98 in the amount of $941494.00 as recommended by the Finance Department. RESOLUTION NO. 97-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 97-67 amending the Classification Plan by . adding the position of Accounting Supervisor and approving placement of'the monthly salary on the salary schedule as follows: Step A - $4006; Step B - ~4206; Step C- ~4416; Step D- $4637; and Step E- ~4869 as recommended by Personnel Services. Council Agenda 3 July 7, 1997 13. 14. 15. RESOLUTION NO. ~,-64- A RESOLUTION OF THE C,-,~ COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 94-149, A LOT SPLIT LOCATED AT 440 WEST MAIN STREET Recommendation: Adopt Resolution No. 97-64 approving Final Parcel Map No. 94- 194 as recommended by the Community Development Department. RESOLUTION NO. 97-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 15475 Recommendation: Adopt Resolution No. 97-68 approving Final Tract Map No. 15475 as recommended by the Community Development Department. RESOLUTION NO. 97-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ANNUAL 'SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, FY 1996-97 (PROJECT NO. 4020-6235) Recommendation: Adopt Resolution No. 97-63 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 the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 16. 17. RESOLUTION NO. 97-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO VACATE A PORTION OF AN EXISTING PUBLIC RIGHT- OF-WAY WITHIN THE NORTHERLY CUL-DE-SAC OF RAWLINGS WAY, TRACT NO. 12870, AS DEDICATED ON AMENDED MAP NO. 1, FILED IN BOOK 647, PAGES 1 THROUGH 7, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA Recommendation: Adopt Resolution No. 97-60 which vacates a portion of Rawlings Way street right-of-way in Tract 12870 as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 97-51., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN APPLICATION BY THE CITY OF TUSTIN TO THE STATE OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT Recommendation: (1) Adopt Resolution No..97-51 authorizing staff to file an application with the State Office of Historic Preservation for. a Certified Local Government grant (the grant will be used for attendance at one workshop and one annual conference by members of the Cultural Resources Advisory Committee and support staff); (2) Authorize the Community Development Director or designee as the agent for the City to coordinate, process and execute all documents within the scope of the grant project; and (3) Agree that all required local matching funds or in-kind services be provided by the City for the proposal as recommended by the Community Development Department. Council Agenda 4 July 7, 1997 18. 19. 20. RATIFICATION OF NEW TUSTIN COMMUNITY' FOUNDATION BOARD MEMBERS Recommendation: Ratify six new board members and reappoint two existing members as recommended by the Community Services Department. RESOLUTION NO. 97-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING SPORTS FIELD USE FEES FOR THE DEPARTMENT OF COMMUNITY SERVICES Recommendation: Adopt Resolution No. 97-66 modifying sports field use fees for tournaments' and private leagues to include a $12.00 per team fee dedicated to the Field Fund as recommended by the Community Services Department. CONTRACT AMENDMENT FOR FRONTIER PARK RESTROOM REHABILITATION Recommendation: Authorize the City Manager to negotiate and execute the amendments to the Frontier Park Restroom Rehabilitation to include architectural services for Pinetree and Magnolia Tree Parks for fees not-to-exceed $13,255.00 and · ,~23,215.00 respectively as recommended by the CommunitY Services Department. REGULAR BUSINESS (ITEMS 21 THROUGH 23) 21. ORDINANCE NO. 1184 - ADDING CHAPTER 9 TO ARTICLE 5 RELATED TO THE ABATEMENT OF NUISANCE SHOPPING CARTS AND AMENDING SECTION 1132 RELATED TO CITATION PROCEDURES At the City Council meeting of April 14, 1997, the Police Department was directed to examine the issue of abandoned shopping carts within the City. Draft Ordinance No. 1184and the efforts noted in the staff report fulfills the City Council's directive. Recommendation by the Police Department: 1. Have first reading by title only and introduction of the following Ordinance No. 1184: ORDINANCE NO. 1184- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9 TO ARTICLE 5 OF THE TUSTIN CITY CODE RELATING TO 'THE ABATEMENT OF SHOPPING CART NUISANCE AND AMENDING SECTION 1132 OF THE TUSTIN CITY CODE 2. Appropriate ~4,500.00 from the Unappropriated Reserve' Fund to fund the implementation of a Loaner Carts Program. 3. Adopt the following Resolution No. 97-70 establishing fees to track, retrieve, and/or abate shopping carts: RESOLUTION NO. 97-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING NUISANCE ABATEMENT FEES UNDER THE CITY'S SHOPPING CART NUISANCE ABATEMENT REGULATIONS Council Agenda 5 . July 7, 1997 22. APPOINTMENT C )MMISSION/COMMITTEE ME RS 23. The City Council will appoint members of the Audit Committee, Cultural Resources Advisory Committee, Parks and Recreation Commission, and the Planning Commission. Recommendation: Cast ballots to determine appointments to the Audit Committee, Cultural Resources Advisory Committee, Parks and Recreation Commission, and Planning Commission as recommended by the City Clerk's office. ORDINANCE NO. 1174, WATER QUALITY Ordinance No. 1174 had first reading by title only and introduction at the June 16, 1997 City Council meeting. Recommendation by the City Clerk's office: 1. Have second reading by title only of Ordinance No. 1174. 2. With a roll call vote, adopt the following Ordinance No. 1174: ORDINANCE NO. 1174 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, COMPLYING WITH REQUIREMENTS OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT FOR THE CITY OF TUSTIN 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- None ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, July 21, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. Council Agenda 6 July 7, 1997