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HomeMy WebLinkAbout00 AGENDA 12-16-02 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN, CALIFORNIA DECEMBER 16, 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). REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT OATH OF OFFICE Ceremonial Oath of Office will be administered to Councilmembers Davert and Worley. PRESENTATION Employee Showcase/Employee of the Year- JoAnn Kang-Somers 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 Agenda - City Council December 16, 2002 - Page 1 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 hedhis time to another speaker. A Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARING- (ITEMS 1 THROUGH 2 ) 1. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) In 1996, AB 3229 established the Citizen's Option for Public Safety (COPS) grant program. Since its inception, the COPS/SLESF grant programs have been used to partially fund the Gang Unit and anti-crime prevention programs. Recommendation by the Police Department: 1. Open and close a Public Hearing; 2. Authorize City staff to amend the City's Classification and Compensation Plan(s) to add 2.0 Police Services Officers; 3. Appropriate $50,000.00 from the unappropriated reserves of the General Fund; 4. Approve the use of $50,000.00 of the current year's proceeds from AB 3229 to transfer to the General Fund for the addition of new personnel; 5. Approve the balance of AB 3229 proceeds be transferred to the General Fund to partially offset the annual expense of the City's Gang Unit; and 6. Adopt Resolution No. 02-123 amending the City's Classification by an increase of two Police Services Officers. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CITY'S CLASSIFICATION PLAN. , AMENDMENT TO THE 2002-03 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS The proposal involves the reallocation or redistribution of CDBG funds from previously approved project. Recommendation by the Community Development Department: 1. Open and close a Public Hearing; and 2. Adopt Resolution No. 02-122 amending the Action Plan for Fiscal Year 2002-03. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO THE CITY'S 2002-03 ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING SUBMISSION OF THE AMENDMENT TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. CONSENT CALENDAR (ITEMS 3 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 Agenda - City Council December 16, 2002 - Page 2 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 - DECEMBER 2, 2002 REGULAR MEETING Recommendation: Approve the City Council Minutes of December 2, 2002. , APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $933,557.07 and ratify Payroll in the amount of $434,692.28. o PLANNING COMMISSION ACTION AGENDA- DECEMBER 9, 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 December 9, 2002. . APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (APN 500-021-02 AND 04 -ELIZABETH S. PANKEY, TRUSTEE) (ClP NO. 7133) Recommendation from the Public Works Department/Engineering Division: 1. Adopt Resolution 02-119 finding that the acquisition of a portion of Assessor's Parcel No. 500-021-02 and 04 was considered in the final environmental determination for the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133) and approving the Purchase Agreement with Elizabeth S. Pankey, Trustee; and 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Elizabeth S. Pankey, Trustee on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S 'PARCEL NOS. 500-021-02 AND 04 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP NO. 7133) AND APPROVING THE PURCHASE AGREEMENT. , APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (APN 432-042-05 - BILLY F. MATHIS, INC., DBA AL"S WOODCRAFT) (CIP NO. 7133) Recommendation from the Public Works Department/Engineering Division: 1. Adopt Resolution 02-118 finding that the acquisition of a portion of Assessor's Parcel No. 432-042-05 was considered in the final environmental determination for the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133) and approving the Purchase Agreement with Billy F. Mathis, Inc., dba Al's Woodcraft; and 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with Billy F. Mathis, Inc., dba Al's Woodcraft on behalf of the City. Agenda - City Council December 16, 2002 - Page 3 , . 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 432-042-05 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP NO. 7133) AND APPROVING THE PURCHASE AGREEMENT. SUBMITTAL Of CITY Of TUSTIN APPLICATIONS FOR ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS, FISCAL YEARS 2003~2004 THROUGH 2007~2008 Recommendation: Adopt Resolution No. 02-116 requesting that the Orange County Transportation Authority (OCTA) include the City of Tustin's projects in the Fiscal Years 2003~2004 through 2007~2008 Combined Transportation Funding Programs (CTFP). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF APPLICATIONS FOR CERTAIN IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAMS FOR FISCAL YEARS 2003~2004 THROUGH 2007~2008. ACCEPTANCE OF EASEMENT DEEDS AND APPROVAL OF A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (BNSF) FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) Recommendation from the Public Works Department/Engineering Division: , Adopt Resolution No. 02-99 finding that the acquisition of a portion of Assessor's Parcel Nos. 430-261-17 and 430-263-02 was considered in the final environmental determination for the Edinger Avenue (smart Street) Widening Project (CIP No. 7147); 2. Authorize the City Clerk to accept the Easement Deeds when executed by the Burlington Northern and Santa Fe Railway Company; and , Approve the Construction and Maintenance Agreement with the Burlington Northern and Santa Fe Railway Company for the Edinger Avenue (Smart Street) Widening Project, and authorize the Mayor and City Clerk to execute the document on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NOS. 430-261-17 AND 430-263-02 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) AND AUTHORIZING THE CITY CLERK TO ACCEPT THE EASEMENT DEEDS. FEDERAL DISPOSAL SERVICE CONTRACT PERFORMANCE Recommendation: Set a public hearing for the regular meeting on February 18, 2003 to conduct a review of contract performance by Federal Disposal Service. Agenda - City Council December 16, 2002 - Page 4 11. 12. 13. 14. 15. PROPOSED AMENDMENTS TO THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY'S JOINT POWERS AGREEMENT Recommendation: Adopt the proposed amendments to the F/ETCA Joint Powers Agreement as stated in the "Second Amended and Restated Joint Exercise of Powers Agreement Creating the F/ETGA". CREATION OF A NEW UNREPRESENTED SUPERVISORY EMPLOYEE UNIT AND A RESOLUTION RELATING TO SALARY AND BENEFITS OF THIS UNIT Recommendation: Adopt Resolution No. 02-109 creating a new "Supervisory" unit and amending the City's Classification and Compensation Plan to incorporate the changes associated with the creation of the unit, and authorize staff to implement salary and benefit changes associated with adoption of this Resolution for the City's new unrepresented "supervisory" employees. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CREATING A NEW UNIT OF EMPLOYEES DESIGNATED AS SUPERVISORY AND DESIGNATING COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PIONEER ROAD PARK IMPROVEMENTS Recommendation: Adopt Resolution No. 02-121 approving plans and specifications for the Pioneer Road Park Improvements, (Project No. 2053) and authorize the City Clerk to advertise for bids. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR PIONEER ROAD PARK IMPROVEMENTS - PROJECT NO. 2053. 2002 GENERAL PLAN ANNUAL PROGRESS REPORT Recommendation: Adopt Resolution No. 02-82 authorizing the Community Development Department to forward the progress report to the State Department of Housing and Community Development. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY OF TUSTIN 2002 GENERAL PLAN ANNUAL PROGRESS REPORT. 2001-2002 ANNUAL REPORT Recommendation from the Redevelopment Agency Staff: . Receive and file an annual report of housing activity for 2001-2002; and Direct that a copy of an annual report of housing activity for 2001-2002 and all reporting documentation and forms be filed with the State Controller and State Department of Housing and Community Development. Agenda - City Council December 16, 2002 - Page 5 REGULAR BUSINESS (ITEMS 16 THROUGH 18) 16. APPROVAL OF THE RESOLUTION OF NECESSITY FOR THE ACQUISITION OF ASSESSOR PARCEL NO. 430-252-007 FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) The proposed resolution will authorize legal counsel to acquire property by condemnation for the Edinger Avenue (Smart Street) Widening Project. Recommendation: Adopt Resolution No. 02-114 by a four-fifths (4/5) vote authorizing and directing the City Attorney and/or Special Legal Counsel to acquire by condemnation, certain real property interests in the City of Tustin, State of California, described as a portion of Assessor Parcel No. 430-252-007, and to obtain immediate possession, thereof, for the Edinger Avenue (Smart Street) Widening Project and declaring the public convenience and necessity thereof. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE EDINGER AVENUE WIDENING PROJECT (CIP 7147) AND DECLARING THE PUBLIC CONVENIENCE AND NECESSITY THEREOF. 17. ADOPTION OF RESOLUTION NO. 02-120 OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONSENTING TO THE MERGER OF AT&T CORPORATION AND COMCAST CORPORATION TO FORM AT&T COMCAST CORPORATION AS PARENT COMPANY OF THE CITY'S CABLE TELEVISION SYSTEM FRANCHISEE, MEDIAONE OF LOS ANGELES, INC. On November 18, 2002, AT&T Corporation and Comcast Corporation merged into AT&T Comcast Corporation. Tustin City Code requires that the City Council, by resolution, approve an actual change in control or acquisition of more than 50% of the voting stock of a Cable Television System Franchisee. Recommendation: Adopt Resolution No. 02-120 consenting to the AT&T-Comcast merger subject to compliance with the following conditions: 1. The Franchisee shall submit to the City by December 31, 2002, adequate documentation certifying compliance of their, physical plant with all applicable California Public Utilities Commission and Electrical Code requirements; 2. The Franchisee shall pay to the City the minimum sum of five thousand dollars to reimburse the City for physical plant inspection costs by January 6, 2003; and 3. The Franchisee shall submit documentation within sixty days demonstrating compliance with FCC Customer Services Standards for the fourth quarter of 2002. Agenda - City Council December 16, 2002 - Page 6 18. MAYOR AND MAYOR PRO TEM SELECTION The City Council selects those members of the Council who will serve as Mayor and Mayor Pro Tem. Recommendation: Pleasure of the City Council. 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 Attorney, City Council COMMITTEE REPORTS - City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, January 6, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council December 16, 2002 - Page 7