HomeMy WebLinkAbout00 AGENDA 03-17-03 AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF TUSTIN
MARCH 17, 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 the Initiation of Litigation pursuant to Government Code Section
54956.9(c), one (1) case.
REGULAR MEETING- 7:00 P.M.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
PROCLAMATIONS - Planning Commission - Mark Denny, Andrew Hamilton, Steve Kozak
Parks & Recreation Commission - Hank Nunez
Audit Committee- John Garner, Donnie Smith
PRESENTATIONS - Pamela Lynch, Miss Tustin Scholarship Pageant Winner
Employee Showcase: Dana Ogdon
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
Agenda - City Council March 17, 2003 - Page 1
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 (ITEMS 1 THROUGH 2 )
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.
Recommendation from the Public Works Department:
,
Open and Close a Public Hearing; and
Find that Federal Disposal Service is meeting their contractual obligations under the
"Franchise Agreement between the City of Tustin and Shubin Services, Inc., dba
Federal Disposal Service for Integrated Waste Management Services" and is
providing the required services with adequate quality, effectiveness, and economy.
2. VESTING TENTATIVE TRACT MAP 16474
On March 10, 2003, the Planning Commission approved Concept Plan 02-001, Design
Review 02-037, Conditional Use Permit 02-029, and Variance 02-004 and recommended
approval of Vesting Tentative Tract Map 16474 for development of 376 residential units
in Planning Area 20 of the MCAS-Tustin Specific Plan. (Applicant: John Laing Homes;
Owner: City of Tustin, and The Irvine Company)
Recommendation from the Community Development Department:
1. Open and Close a Public Hearing; and
2. Adopt Resolution No. 03-42, finding that Vesting Tentative Tract Map 16474 is within
the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan; and
3. Adopt Resolution No. 03-04, approving Vesting Tentative Tract Map 16474 to
subdivide 31.6 acres into twenty-four (24) numbered lots and thirty (30)lettered lots
for the purpose of developing 376 residential units in Planning Area 20 of the MCAS-
Tustin Specific Plan.
RESOLUTION NO. 03-42- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTING FINDING THAT THE MCAS PROGRAM
ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT
(MCAS TUSTIN PROGRAM EIS/EIR) IS ADEQUATE TO SERVE AS THE PROJECT
EIS/EIR FOR VESTING TENTATIVE TRACT MAP 16474 AND APPLICABLE
MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE
Agenda - City Council March 17, 2003 - Page 2
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
RESOLUTION NO. 03-43- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 16474,
TO SUBDIVIDE 31.64 ACRES FOR THE PURPOSE OF DEVELOPING 376
RESIDENTIAL UNITS WITHIN PLANNING AREA 20 OF THE MCAS-TUSTIN
SPECIFIC PLAN.
CONSENT CALENDAR (ITEMS 3 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- MARCH 3, 2003 REGULAR MEETING
Recommendation: Approve the City Council Minutes of March 3, 2003.
,
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $3,479,297.46 and ratify Payroll
in the amount of $442,404.76.
,
PLANNING COMMISSION ACTION AGENDA- MARCH 10, 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 March 10, 2003.
o
SURPLUS EQUIPMENT SALES REPORT
Recommendation: Receive and file the report.
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ACCEPTANCE OF PUBLIC IMPROVEMENT AND AUTHORIZATION TO FILE THE
NOTICE OF COMPLETION FOR THE OLD TOWN STREETSCAPE AND
PEDESTRIAN ENHANCEMENT PROJECT (CIP NO. 7172)
Recommendation: Adopt Resolution No. 03-39, accepting the Old Town Streetscape
and Pedestrian Enhancement Project (CIP No. 7172), and authorizing 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 $175,332.33 to
Ecology Construction, Inc. This amount, together with previous contract payments and
change order amounts of $1,577,991.00 represents 100% of the final contract cost.
RESOLUTION NO. 03-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
Agenda - City Council March 17, 2003 - Page 3
.
,
AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR THE
OLD TOWN STREETSCAPE AND PEDESTRIAN ENHANCEMENT PROJECT (CIP
NO. 7172).
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
ADVERTISE FOR BIDS FOR THE MAIN STREET REHABILITATION BETWEEN
STONEGLASS AND THE SR-55 FREEWAY (CIP NO. 7163), BRYAN AVENUE
REHABILITATION BETWEEN RED HILL AVENUE AND BROWNING AVENUE (CIP
NO. 7164), BRYAN AVENUE REHABILITATION BETWEEN NEWPORT AVENUE AND
RED HILL AVENUE (CIP NO. 7166), MAIN STREET REHABILITATION BETWEEN
NEWPORT AVENUE AND BRYAN AVENUE (CIP NO. 7167), AND JAMBOREE ROAD
REHABILITATION FROM I-5 TO IRVINE BOULEVARD (CIP NO. 7174)
Recommendation: Adopt Resolution No. 03-41, approving the plans and specifications
and authorizing and directing the City Clerk to advertise for bids subject to State of
California, Department of Transportation (Caltrans) approval of the following projects:
Main Street Rehabilitation between Stoneglass and the SR-55 Freeway (CIP No. 7163)
Bryan Avenue Rehabilitation between Red Hill Ave. and Browning Ave. (CIP No. 7164)
Bryan Avenue Rehabilitation between Newport Ave. and Red Hill Ave. (CIP No. 7166)
Main Street Rehabilitation between Newport Ave. and Bryan Ave. (CIP No. 7167)
Jamboree Road Rehabilitation from I-5 to Irvine Boulevard (CIP No. 7174)
RESOLUTION NO. 03-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE MAIN
STREET REHABILITATION BETWEEN STONEGLASS AND THE SR-55 FWY (CIP
NO. 7163), BRYAN AVENUE REHABILITATION BETWEEN RED HILL AVENUE AND
BROWNING AVENUE (CIP NO. 7164), BRYAN AVENUE REHABILITATION
BETWEEN NEWPORT AVENUE AND BRYAN AVENUE (CIP NO 7166), MAIN
STREET REHABILITATION BETWEEN NEWPORT AVENUE AND BRYAN AVENUE
(CIP NO. 7167), AND JAMBOREE ROAD REHABILITATION FROM I-5 TO IRVINE
BOULEVARD (CIP NO. 7174) AND AUTHORIZING ADVERTISEMENT FOR BIDS.
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE A
NOTICE OF COMPLETION FOR THE INSTALLATION OF WICK IRRIGATION
SYSTEM ON JAMBOREE ROAD (CIP 1538)
Recommendation: Adopt Resolution No. 03-40 accepting the installation of the Wick
Irrigation System on Jamboree Road (CIP No. 1538) 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 l-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 $2,365.00 to Lanco
Landscape Management, Inc. This amount together with the payment of $21,320
represents 100% of the final construction cost for the project.
Agenda - City Council March 17, 2003 - Page 4
10.
11.
12.
13.
14.
RESOLUTION NO. 03-40 - A RESOLUTION Of THE CITY COUNCIL Of THE CITY OF
TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF A NOTICE OF COMPLETION FOR THE
INSTALLATION OF WICK IRRIGATION SYSTEM ON JAMBOREE ROAD (CIP NO.
1538).
CONTINUATION OF TEMPORARY BENEFITS AND COMPENSATION DURING
MILITARY LEAVE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE
ARMED FORCES
Recommendation: Adopt Resolution 03-38 continuing the benefit of additional temporary
partially paid military leave of absence and continuation of benefits for eligible City
employees called to active duty in connection with the nation's response to the terrorist
attack on the United States of America as previously authorized by Resolutions Nos. 01-
96 and 02-50.
RESOLUTION NO. 03-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, PROVIDING FOR CONTINUATION OF ADDITIONAL
TEMPORARY PARTIALLY PAID MILITARY LEAVE OF ABSENCE AND
CONTINUATION OF BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO
ACTIVE DUTY WITH THE ARMED FORCES.
ADOPTION OF NEW AND REVISED CLASS SPECIFICATIONS
Recommendation: Adopt new and/or revised class specifications for the classifications of
Lead Water Maintenance Worker, Water Maintenance Worker I, Water Maintenance
Worker II, Water Equipment Operator, Associate Engineer, Assistant Director of Finance
and Accounting Supervisor.
CODE ENFORCEMENT GRANT PROGRAM
Recommendation: Adopt Resolution No. 03-44, authorizing the Community
Development Director to submit to HCD an application to participate in the Code
Enforcement Grant Program and designate 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 program.
RESOLUTION NO. 03-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF THE CODE
ENFORCEMENT GRANT PROGRAM GRANT APPLICATION, THE INCURRING OF
AN OBLIGATION, THE EXECUTION OF A GRANT AGREEMENT AND ANY
AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO
SECURE A CODE ENFORCEMENT GRANT FROM THE STATE OF CALIFORNIA,
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
CLAIM OF JORGE GARCIA; CLAIM NO. 03-01
Recommendation: Deny the claim and direct the City Clerk to send notice thereof to the
claimant and the claimant's attorneys.
CLAIM OF JAVIER ZAVALA; CLAIM NO. 03-02
Recommendation: Deny the claim and direct the City Clerk to send notice thereof to the
claimant and the claimant's attorneys.
Agenda - City Council March 17, 2003 - Page 5
REGULAR BUSINESS ( ITEMS 15 THROUGH 17 )
15.
ORDINANCE NO. 1267 - AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
This item began the process to amend the City's Public Employees' Retirement System
(PERS) contract effective July 1, 2003 to provide eligible sworn safety employees the
ability to retire with the 3% at age 50 full formula. Resolution No. 03-09, adopted at the
February 18, 2003 City Council meeting, provided the required notice of intent to approve
an amendment to the City's contract with the PERS for local police members.
Recommendation by the Office of the City Clerk:
Have second reading by title only and adoption of the following Ordinance No. 1267 (roll
call vote):
ORDINANCE NO. 1267 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
16.
ORDINANCE NO. 1269- AMENDING THE TUSTIN CITY CODE TO CONFORM THE
GIFT RESTRICTIONS TO STATE LAW
The proposed Ordinance amends Tustin City Code Article 1, Part 3 governing restrictions
on gifts to conform the City's Code to state law.
Recommendation by the City Attorney:
Introduce and have first reading by title only of the following Ordinance No. 1269:
ORDINANCE NO. 1269- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING PART 3 OF ARTICLE 1, OF THE TUSTIN CITY
CODE.
17.
RESOLUTION NO. 03-37 ADOPTING UNIFORM
ACCOUNTING PROCEDURES AND ORDINANCE NO.
BIDDING SECTIONS TO THE MUNICIPAL CODE
CONSTRUCTION COST
1268 ADDING INFORMAL
There are certain efficiencies available in the State of California Public Contracts Code,
which governs how and when contracts for public projects are to be advertised, bid and
awarded, by adopting the Uniform Construction Cost Accounting Procedures. The
primary benefit of adopting the UCCAP is the ability to perform minor construction
projects up to and including an estimated value of $25,000. The current limit is $5,000.
Recommendation from the Finance Department:
Agenda - City Council March 17, 2003 - Page 6
,
Adopt Resolution No. 03-37 adopting the Uniform Construction Cost Accounting
Procedures as set forth in the Public Contracts Code:
RESOLUTION NO. 03-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ELECTING TO BECOME SUBJECT TO THE STATE OF
CALIFORNIA'S UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING
PROCEDURES SET FORTH IN THE UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT (PUBLIC CONTRACT CODE SECTION 22000, ET SEQ.)
,
Introduce and have first reading by title only of the following Ordinance No. 1268,
adding Part 4 to Chapter 6 of the Tustin Municipal Code, authorizing informal
bidding for public projects and maintenance work of $100,000 or less:
ORDINANCE NO. 1268- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING PART 4 TO CHAPTER 6 OF THE TUSTIN
MUNICIPAL CODE AUTHORIZING INFORMAL BIDDING FOR PUBLIC PROJECTS
AND MAINTENANCE WORK OF $100,000.00 OR LESS.
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 hedhis 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,
April 7, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way.
Agenda - City Council March 17, 2003 - Page 7