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.
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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