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Home My WebLink About00 AGENDA 08-04-03 AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN AUGUST 4, 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) matters of pending litigation to which the City is a par/y, Herold vs. City of Tustin; Case No. CV 02-9723 RGK (SHx); and (2) Significant exposure to litigation, the Claim of Linda and Andrew Cator; Claim No. 03-23. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PROCLAMATION - None REGULAR MEETING - 7:00 P.M. PRESENTATION - Employee Showcase: Ruth Wang, Bob Wdght, and Brian Greene 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 not relinquish her/his time to another speaker. A Public Input portion is provided both at the beginning and end of the meeting. Agenda - City Council August 4, 2003 - Page 1 o PUBLIC HEARINGS None CONSENT CALENDAR 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. (Agenda Items 1 through 10) APPROVAL OF MINUTES - JULY 21,2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 21,2003. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $455.00; $1,049,658.41; and $1,772,921.85; respectively and ratify Payroll in the amount of $489,452.10. PLANNING COMMISSION ACTION AGENDA- JULY 28, 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 July 28, 2003. 800 MHZ COST SHARING AGREEMENT Recommendation: Approve an Amendment to the Joint Agreement for the Implementation and Operation of the 800 Megahertz (800 MHz) Countywide Coordinated Communications System and to meet the obligations, appropriate $50,379 from the unappropriated General Fund reserve and $3,040 from the unappropriated Water Fund reserve. CLAIM OF CHERIE ANDERSON; CLAIM NO. 03-22 Recommendation: Deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's attorneys. APPLICATION TO PRESENT LATE CLAIM BY JULIO AHUMADA, A MINOR, AND/OR MARIA ELENA ALVAREZ AND GUADALUPE AHUMADA (PARENTS OF JULIO AHUMADA) AS GUARDIANS AD LITEM FOR JULIO AHUMADA, A MINOR Recommendation: It is recommended that the application for permission to file the late claim be denied and that notice thereof be sent to the claimant's guardians ad litem and attorneys. APPROVAL OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL DBE GOAL OF 8% FOR FEDERAL FY 2003/2004 Recommendation: Adopt Resolution No. 03-99: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF 8% FOR FEDERAL FISCAL YEAR 2003/2004, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA Agenda - City Council August 4, 2003 - Page 2 10. DEPARTMENT OF TRANSPORTATION (CALTRANS). FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MAIN STREET FACILITIES IMPROVEMENTS PROJECT (ClP NOS. 6103 & 6108) Recommendation: Adopt Resolution No. 03-67 accepting said work 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 of Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion; and Assuming no other claims or stop payment notices are filed, it is further recommended that the City Council authorize payment of the retention amount, thirty-five (35) days after the date of recordation of the Notice of Completion. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORK OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MAIN STREET FACILITIES IMPROVEMENTS (CIP NOS. 6103 AND 6108). APPROVAL OF AGREEMENTS TO PURCHASE REAL PROPERTY FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (APN 430-282-02 THROUGH 05, AND APN 430-281-01 - BORCHARD REDHILL, A CALIFORNIA LIMITED PARTNERSHIP) (CIP NO. 7147) Recommendation: Adopt Resolution No. 03-98 and authorize the Mayor and City Clerk to execute the Purchase Agreements with Borchard Redhill on behalf of the City. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF PORTIONS OF ASSESSOR'S PARCEL NOS. 430-282-02 THROUGH 05, AND 430-281-01 WERE CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE EDINGER AVENUE (SMART STREET) WIDENING PROJECT (CIP NO. 7147) AND APPROVING THE PURCHASE AGREEMENTS. AWARD OF CONTRACT FOR CONSTRUCTION OF THE RED HILL AVENUE WIDENING PROJECT AT THE I-5 FREEWAY (CIP NO. 7133) Recommendation: Approve a supplemental appropriation in the amount of $665,900.00 from the unappropriated balance of the Measure "M" Turnback Fund to the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133); and Award the construction contract for the Red Hill Avenue Widening Project at the I-5 Freeway (CIP No. 7133) to Banshee Construction Company, Inc. of Colton, California, the Iow bidder, in the amount of $1,608,108.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. Agenda - City Council August 4, 2003 - Page 3 REGULAR BUSINESS (Agenda Item 11) 11. RESOLUTION NO: 03-100 AUTHORIZING THE ISSUANCE AND SALE OF CITY OF TUSTIN 2003 REFUNDING WATER REVENUE BONDS After viewing the existing Enterprise debt in context with the future capital needs of the Water System as identified in the current seven-year Capital Improvement Budget, the City's Financial Advisor has suggested that by restructuring the debt, refunding all outstanding bonds and notes and extending the maturities, the future capital needs of the System can be met with minor impact on water rates. Recommendation: Adopt Resolution No. 03-100: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF ITS CITY OF TUSTIN 2003 REFUNDING WATER REVENUE BONDS, APPROVING AN INDENTURE OF TRUST, AN ESCROW AGREEMENT, A NOTICE OF SALE AND A PRELIMINARY OFFICIAL STATEMENT, AND AUTHORIZING AND DIRECTING THE EXECUTION THEREOF AND AUTHORIZING ACTIONS RELATED THERETO. 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, August 18, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council August 4, 2003 - Page 4