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HomeMy WebLinkAbout00 AGENDA 03-03-03 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN MARCH 3, 2003 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 confer with the City Attorney regarding 1) pending litigation to which the City is a party; Garcia vs. City of Tustin, OCSC Case No. 01CC02149; 2) Herold vs. City of Tustin, et. al. USDC Case No. SC AV 01- 1191 DOC MLG (x); and 3) significant exposure to litigation pursuant to Government Code Section 54956.9(b) (3) (A), one (1) case. REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PRESENTATION - State of the Pride 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 Agenda - City Council March 3, 2003 - Page 1 not relinquish her/his time to another speaker. A Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARINGS (ITEMS I THROUGH 3 ) 1. FEDERAL DISPOSAL SERVICE CONTRACT PERFORMANCE REVIEW The City's Solid Waste Franchise Agreement with Federal Disposal Service provides for the City to hold a public hearing on or about the two year anniversary of contract commencement and annually thereafter to review the performance of the contractor. Both staff and Federal Disposal Service are in concurrence with continuing the hearing to March 17, 2003. Recommendation from the Public Works Department/Engineering Division: Continue this hearing to March 17, 2003. 2. TENTATIVE PARCEL MAP 2002-237 Tentative Parcel Map 2002-237 is a request to subdivide an existing 38.04-acre parcel into two parcels to accommodate existing and future industrial development. On February 24, 2003, the Planning Commission recommended that the City Council approve Tentative Parcel Map 2002-237 with conditions to ensure compliance with the Tustin City Code and the Subdivision Map Act. (Owner: Steelcase, Inc.; Applicant: Voit Development Company) Recommendation from the Community Development Department: 1. Open and Close a Public Hearing; and 2. Adopt Resolution No. 03-29 approving Tentative Parcel Map 2002-237: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2002-237 TO APPROVE TENTATIVE PARCEL MAP 2002-237 TO SUBDIVIDE A 38.04-ACRE PARCEL LOCATED AT 1123 WARNER AVENUE INTO A 22.61-ACRE PARCEL AND A 15.43-ACRE PARCEL TO ACCOMMODATE EXISTING AND FUTURE INDUSTRIAL DEVELOPMENT. 3. APPEAL OF CONDITIONAL USE PERMIT 02-016 On January 13, 2003, the Planning Commission approved Conditional Use Permit 02- 016 authorizing the establishment of a large family daycare home caring for up to fourteen (14) children at 13844 Comanche. On January 21, 2003, three (3) residents in the area appealed the Planning Commission decision. Recommendation from the Community Development Department: 1. Open and Close a Public Hearing; and 2. Adopt Resolution No. 03-32, upholding the denying the appeal: Planning Commission's action and Agenda - City Council March 3, 2003 - Page 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT 02-016 AUTHORIZING THE ESTABLISHMENT OF A LARGE FAMILY DAYCARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN AT THE RESIDENCE LOCATED AT 13844 COMANCHE. CONSENT CALENDAR (ITEMS 4 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- FEBRUARY 18, 2003 SPECIAL MEETING, AND FEBRUARY 18, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 18, 2003 Special Meeting and Regular Meeting. o APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,044,405.12 and ratify Payroll in the amount of $447,823.08. , PLANNING COMMISSION ACTION AGENDA- FEBRUARY 24, 2003 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 February 24, 2003. , ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE CATCH BASIN INSERT PROJECT FY 2002/03 (402-6222) Recommendation: Adopt Resolution No. 03-31 accepting the Catch Basin Insert Project FY 2002/03 (402-6222), 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; and assuming no claims or stop payment notices are filed, it is further recommended that thirty-five (35) days after the date of recordation of the Notice of Completion, the City Council authorize payment of the final 10% retention in the amount of $7,968.20 to United Storm Water, Inc. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE CATCH BASIN INSERT PROJECT FY 2002/03 (402-6222). . AWARD OF CONTRACT FOR THE IRVINE BOULEVARD STORM DRAIN PROJECT- PHASE I (ClP NO. 5024) Recommendation: (1) Relieve Southern California Underground Contractors, Inc. of its bid and return their bid bond due to their clerical error in calculating the bid; and (2) Award the construction contract for the Irvine Boulevard Storm Drain Project - Phase I Agenda - City Council March 3, 2003 - Page 3 . 10. 11. (CIP No. 5024) to Radich Construction, Inc., the lowest responsible bidder in the amount of $595,295.45, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. APPROVAL OF RESOLUTION NO. 03-35 AUTHORIZING THE ACCEPTANCE OF A CALIFORNIA STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION GRANT FOR BATTERY BACKUP SYSTEMS FOR TRAFFIC SIGNALS Recommendation: Adopt Resolution No. 03-35 to authorize acceptance of a California State Energy Resources Conservation and Development Commission Grant for Battery Backup Systems for Traffic Signals. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A CALIFORNIA STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION GRANT FOR BATTERY BACKUP SYSTEMS FOR TRAFFIC SIGNALS. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 401-221-24: PLAZA LAFAYETTE, LLC) (CIP NO. 7118) Recommendation: (1) Adopt Resolution No. 03-30 finding that the acquisition of a portion of Assessor's Parcel No. 401-221-24 was considered in the final environmental determination for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project (CIP No. 7118) and approving the Purchase Agreement with Plaza LaFayette, LLC; and (2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with Plaza LaFayette, LLC 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 NO. 401-221-24 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) AND APPROVING THE PURCHASE AGREEMENT. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (APN 501-081-04: FISHER-LESTER COMPANY) (CIP NO. 7118) Recommendation: (1) Adopt Resolution No. 03-28 finding that the acquisition of a portion of Assessor's Parcel No. 501-081-04 was considered in the final environmental determination for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project (CIP No. 7118) and approving the Purchase Agreement with the Fisher-Lester Company; and (2) Authorize the Mayor and City Clerk to execute the Purchase Agreement with the Fisher-Lester Company 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 NO. 501-081-04 WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118) AND APPROVING THE PURCHASE AGREEMENT. Agenda - City Council March 3, 2003 - Page 4 12. AUTHORIZATION FOR THE STATE TO PURCHASE ONE JOHN DEERE TURF SWEEP Recommendation: Adopt Resolution No. 03-36 authorizing the General Services Department of the State of California to purchase a current model year John Deere Turf Sweep on behalf of the City of Tustin. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS. 13. AUTHORIZATION FOR THE STATE TO PURCHASE ONE UTILITY BED TRUCK Recommendation: Adopt Resolution No. 03-34 authorizing the General Services Department of the State of California to purchase a current model year Utility Bed Truck on behalf of the City of Tustin. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS. 14. TUSTIN POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM OF UNDERSTANDING Recommendation: Adopt Resolution No. 03-03 amending the City's Classification and Compensation plans and approving a Memorandum of Understanding for the Tustin Police Support Services Association encompassing the time period of March 4, 2003 through December 31, 2003. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITONS OF EMPLOYMENT. REGULAR BUSINESS (ITEMS 15 THROUGH 18 ) 15. ORDINANCE NO. 1266- AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE THE SOUTH SIDE OF MITCHELL AVENUE BETWEEN HEATHERFIELD DRIVE AND BROWNING AVENUE FOR PERMIT PARKING Area residents requested that the City establish overnight on-street permit parking and designate the subject section of Mitchell Avenue as an on-street permit parking zone due to concerns regarding an overflow of on-street parking from adjacent apartments. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1266 (roll call vote): Agenda - City Council March 3, 2003 - Page 5 16. 17. ORDINANCE NO. 1266 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE THE SOUTH SIDE OF MITCHELL AVENUE BETWEEN HEATHERFIELD DRIVE AND BROWNING AVENUE FOR PERMIT PARKING. CREATING A COMMUNITY WIDE TASK FORCE FOR SKATE PARK FACILITY SITE SELECTION The Parks and Recreation Commission have been evaluating the City Council's direction as to how to best approach the most suitable location for a skate park facility. The Commission has determined that the creation of a City wide task force to examine proposed community facilities, such as schools and parks, should include measured criteria to evaluate potential sites for a skate park facility. Recommendation from the Parks and Recreation Commission: Adopt the format and structure to create a community wide task force for the purpose of making a recommendation to the City Council for a suitable location, design and estimated cost for the construction and maintenance of a City-owned skate park facility. TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA 03-01) FOR PARCEL 33 Approval is requested of a Disposition and Development Agreement (DDA 03-01) between the City of Tustin and WL Homes LLC (Developer) for the sale and development of Parcel 33 at Tustin Legacy (Project). Recommendation from the Redevelopment Agency Staff: o , Adopt Resolution No. 03-33; Approve and authorize the City Manager, or designee, to execute DDA 03-01 between the City of Tustin and WL Homes LLC for Parcel 33 and to carry out all actions necessary to implement the DDA including execution of all related documents and, upon satisfaction of all conditions and obligations of Developer thereto, to transfer Parcel 33 to the Developer; and Authorize the waiver of parkland dedication fees for the 78 affordable housing units in the Project; and the provision of one acre of privately owned parkland on Parcel 33 to be accessible to the public and maintained by future residents of the Project with the fair market value of the one acre and improvements to the one acre as identified in DDA 03-01 to be a credit against the balance of required parkland dedication fees for the Project and the requirement that a balance of $1,544,493 in parkland dedication fees be paid to the City of Tustin pursuant to Sections 9331d(1)(c) and d(2)(b) of the Tustin City Code and in compliance with all provisions of DDA 03-01. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO SECTION 15162 OF STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE SCOPE OF THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR) AND NO NEW ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED Agenda - City Council March 3, 2003 - Page 6 INTO THE PROJECT OR WILL BE CONDITIONS OF APPROVAL ON PENDING ENTITLEMENT APPLICATIONS. 18. APPOINTMENT OF PLANNING COMMISSIONER Due to a Planning Commissioner's resignation, there is currently one vacancy on the Planning Commission with a term expiration of March 1, 2004. Recommendation by the Office of the City Clerk: Make an appointment from the applications submitted for the recent recruitment, or direct staff to prepare a new vacancy notice and do a new recruitment for the Planning Commission. 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, March 17, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council March 3, 2003 - Page 7