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HomeMy WebLinkAbout04 CC Action Agenda 3-17-03Report to the ITEM ¢t-4. Planning Commission DATE: SUBJECT: PRESENTATION: ATTACHMENTS: MARCH 24, 2OO3 CITY COUNCIL ACTION AGENDA MARCH 17, 2003 ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL ACTION AGENDA MARCH 17, 2003 ACTION 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. 5:31 pm CALL TO ORDER JT Absent ROLL CALL None PUBLIC INPUT Announced 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. 7:02 pm CALL TO ORDER Given INVOCATION Given PLEDGE OF ALLEGIANCE JT Absent ROLL CALL None CLOSED SESSION REPORT Presented PROCLAMATIONS - Planning Commission - Mark Denny, Andrew Hamilton, Steve Kozak Parks & Recreation Commission - Hank Nunez Audit Committee - John Garner, Donnie Smith Presented PRESENTATIONS Pageant Winner - Pamela Lynch, Miss Tustin Scholarship Employee Showcase: Dana Ogdon FIRST PUBLIC INPUT Joseph Pak- introduced himself as new SBC representative to Tustin area. PUBLIC HEARING (ITEMS I THROUGH 2 ) Approved 1. FEDERAL DISPOSAL SERVICE PERFORMANCE REVIEW CONTRACT Action Agenda - City Council March 17, 2003 - Page 1 Adopted Resolution Nos. 03-42 and 03-43 , 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. 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. 03-43, 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 Action Agenda - City Council March 17, 2003 - Page 2 Approved Approved Ratified Approved Adopted Resolution No. 03-39 HAVE BEEN INCORPORATED AS REQUIRED BY THE 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 ) , APPROVAL OF MINUTES- MARCH 3, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 3, 2003. o 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. o 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. . SURPLUS EQUIPMENT SALES REPORT Recommendation: Receive and file the report. , 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 Action Agenda - City Council March 17, 2003 - Page 3 Adopted Resolution No. 03-41 , 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 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 Action Agenda - City Council March 17, 2003 - Page 4 Adopted Resolution No. 03-40 Adopted Resolution No. 03-38 , 10. 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 1-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. 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 Action Agenda - City Council March 17, 2003 - Page 5 Approved Adopted Resolution No. 03-44 Approved 11. 12. 13. 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. Action Agenda - City Council March 17, 2003 - Page 6 Approved Adopted Ordinance No. 1267 Introduced Ordinance No. 1269 14. 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. 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 Action Agenda - City Council March 17, 2003 - Page 7 Adopted Resolution No. 03-37 and Introduced Ordinance No. 1268 None Davert CODE. 17. RESOLUTION NO. 03-37 ADOPTING UNIFORM CONSTRUCTION COST ACCOUNTING PROCEDURES AND ORDINANCE NO. 1268 ADDING INFORMAL BIDDING SECTIONS TO THE MUNICIPAL CODE 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: o 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 OTHER BUSINESS - City Manager, City Attorney, City Council No comments. Action Agenda - City Council March 17, 2003 - Page 8 Bone Reported on Arbor Day events. Presented Water Advisory Committee of Orange County and Southern California Association of Governments reports. Kawashima Commented on Arbor Day ceremony. Reported on judging of Miss Tustin Pageant. Provided an update on the computer stations to be installed at the Senior Center. Presented committee report on Orange County Sanitation District. Announced participation in "Principal for the Day" at Pioneer Middle School. Worley Presented committee reports for Transportation Corridor Agency and Orange County Fire Authority. Discussed Chamber of Commerce business survey results. Announced Foothill High School's "Every 15 Minutes" presentation to students on March 26 2003. COMMITTEE REPORTS - City Council 8:23 pm ADJOURNMENT - The next regular meeting of the City Council was scheduled for Monday, April 7, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - City Council March 17, 2003 - Page 9 ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY CITY OF TUSTIN, CALIFORNIA MARCH 17, 2003 8:24 pm JT Absent None Approved Approved Approved CALL TO ORDER ROLL CALL PUBLIC INPUT CONSENT CALENDAR (ITEMS 1 THROUGH 3 ) . . , APPROVAL OF MINUTES- MARCH 3, 2003 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of March 3, 2003. LICENSE AGREEMENT FOR USE OF PARKING SPACES IN THE STEVENS SQUARE PARKING STRUCTURE AND WAIVER OF FEES- HEREDIA Recommendation: 1. Authorize the Assistant City Manager to execute a license agreement by and between the Tustin Community Redevelopment Agency and Carlos Heredia and Audrey Heredia for the use of fourteen (14) parking spaces owned by the Agency in the Stevens Square Parking Structure subject to annual review to continue the agreement by the Agency; and 2. Approve the waiver of fees for the use of these spaces. OPTION TO PURCHASE AGREEMENTS BRANCH LIBRARY EXPANSION PROJECT Recommendation: - TUSTIN , , Appropriate $12,000 from the appropriated fund balance of the Town Center Housing Set-Aside fund to account 59-600-9510; and $6,000 from the appropriated fund balance of the Town Center fund to account 57- 600-9510; and Authorize the Executive Director or his signee to negotiate and execute Amendments to Option to Purchase Agreements for property located at 300-304 Third Street, 325-329 Preble Drive, 335-339 Preble Drive and 305 E. Main Street subject to similar option payment terms contained in original Option to Purchase Agreements and approval of all Amendment Agreements by the City Attorney. Action Agenda - Redevelopment Agency March 17, 2003 - Page 1 REGULAR BUSINESS (ITEM 4) Adopted Resolution 03-01, 03-02, 03-03 Nos. , MCAS-TUSTIN REDEVELOPMENT ACTIONS INCLUDING: 1) RECEIPT AND ADOPTION OF RULES GOVERNING PARTICIPATION; 2) RECEIPT AND APPROVAL OF THE PRELIMINARY REPORT; AND 3) RECEIPT OF THE PROPOSED REDEVELOPMENT PLAN FOR THE MCAS- TUSTIN REDEVELOPMENT PROJECT, AND AUTHORIZATION TO TRANSMIT THE PRELIMINARY REPORT AND PROPOSED PLAN TO TAXING OFFICIALS AND AGENCIES, AND THE PROPOSED REDEVELOPMENT PLAN TO THE PLANNING COMMISSION Agency approval is requested for Resolutions receiving and approving documents that are related to the MCAS-Tustin Redevelopment Project. Recommendation from the Redevelopment Agency staff: 1. Adopt Resolution No. RDA 03-01, adopting the Rules Governing Participation by Property Owners and Business Occupants for the MCAS-Tustin Redevelopment Project and authorizing and directing that such rules be made available for public inspection as required by Section 33339.5 and Section 33345 of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.); and 2. Adopt Resolution No. RDA 03-02, receiving and approving the Preliminary Report for the MCAS-Tustin Redevelopment Project and authorizing and directing the transmittal of information required by Section 33344.5 of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.); and 3. Adopt Resolution No. RDA 03-03, receiving the Proposed Redevelopment Plan for the MCAS-Tustin Redevelopment Project, and authorizing transmittal as required by Section 33328 and Section 33356 of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.). RESOLUTION NO. RDA 03-01 - A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECEIVING THE RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE MCAS-TUSTIN REDEVELOPMENT PROJECT, ADOPTING SUCH RULES, AND DIRECTING THAT SUCH RULES BE MADE AVAILABLE FOR PUBLIC INSPECTION. RESOLUTION NO. RDA 03-02 - A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Action Agenda - Redevelopment Agency March 17, 2003 - Page 2 RECEIVING AND APPROVING THE PRELIMINARY REPORT FOR THE MCAS-TUSTIN REDEVELOPMENT PROJECT ("PRELIMINARY REPORT") AND AUTHORIZING AND DIRECTING THE TRANSMITTAL OF THE PRELIMINARY REPORT TO TAXING OFFICIALS AND AGENCIES. RESOLUTION NO. RDA 03-03 - A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECEIVING THE PROPOSED REDEVELOPMENT PLAN FOR MCAS-TUSTIN REDEVELOPMENT PROJECT, AND AUTHORIZING TRANSMITTAL OF THE PROPOSED REDEVELOPMENT PLAN TO AFFECTED TAXING AGENCIES, AND PERSONS AND ORGANIZATIONS WITHIN THE PROJECT AREA, AND SUBMITTAL TO THE PLANNING COMMISSION OF THE CITY OF TUSTIN FOR ITS REPORT AND RECOMMENDATIONS. None OTHER BUSINESS CLOSED SESSION - None 8:25 pm ADJOURNMENT - The next regular meeting of the Redevelopment Agency was scheduled for Monday, April 7, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency March 17, 2003 - Page 3