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Home My WebLink About00 AGENDA 10-20-03 AGENDA REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA OCTOBER 20, 2003 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 1) SESSION - The City Council shall convene in closed session to: Confer with the City's Labor Negotiator, Arlene Marks, Director of Human Resources, regarding Tustin Municipal Employees Association 2) Confer with the City's real property negotiator (Government Code Section 54956.8). Status update on property: Parcels 10 & 11, (I-C-I); Agency Negotiator: Assistant City Manager; Negotiating Parties: City of Tustin and Vestar Development II, LLC; Under Negotiation: Price and terms. 3) Confer with the City's real property negotiator (Government Code Section 54956.8). Property: Parcel 34; Agency Negotiator: Assistant City Manager and Special Counsel Gilchrist & Rut[er; Negotiating Parties: City of Tustin and Salvation Army; Under Negotiation: Price and terms. 4) Confer with the City Attorney regarding Anticipated Litigation, specifically, Significant Exposure to Litigation pursuant to subdivision (b) of Government Code Section 54956.9 (two cases) PUBLIC MEETING - 7:00 P.M. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT PROCLAMATION - None PRESENTATION - None 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, Agenda - City Council October 20, 2003 - Page I 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 (Agenda Item 1) TENTATIVE TRACT MAP 16527:1123 WARNER AVENUE Tentative Tract Map 16527 is a request to subdivide Parcel 2 of Parcel Map 2002-237 into seven (7) lots to accommodate development of 266,324 square feet of industrial buildings and related site improvements at 1123 Warner Avenue. On October 13, 2003, the Planning Commission recommended that the City Council approve Tentative Tract Map 16527 with conditions to ensure compliance with the Tustin City Code and the Subdivision Map Act. (Owner/Applicant: Voit Development Company) Recommendation: 1. Open and Close a Public Hearing; and 2. Adopt Resolution No. 03-123. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE TRACT MAP 16527 AND FINDING ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 3. Adopt Resolution No. 03-124. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING TENTATIVE TRACT MAP 16527 TO SUBDIVIDE PARCEL 2 OF PARCEL 2002-237 INTO SEVEN (7) LOTS FOR THE PURPOSE OF DEVELOPING A TOTAL OF 266,324 SQUARE FEET OF INDUSTRIAL BUILDINGS 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 2 through 12) APPROVAL OF MINUTES - OCTOBER 1 AND 6, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of October I and 6, 2003 Agenda - City Council October 20, 2003 - Page 2 APPROVAL Of DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $757,355.53 and $1,363,381.94 and reversals in the amount of $1,944,701.91; and ratify Payroll in the amount of $481,509.02 PLANNING COMMISSION ACTION AGENDA 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 October 13, 2003. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2003~2004 (CIP NO. 7001), AND ANNUAL SIDEWALK, CURB, AND GU'II-ER REPAIR PROJECT FY 2003~2004 (PROJECT NO. 402-6235) Recommendation: Adopt Resolution No. 03-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAJOR MAINTENANCE PROJECT, FY 2003-2004 (CIP NO. 7001), AND ANNUAL SIDEWALK, CURB, AND GUTTER REPAIR PROJECT, FY 2003-2004 (PROJECT NO. 402-6235), AND AUTHORIZE ADVERTISEMENT FOR BIDS NOTICE OF INTENT TO ESTABLISH UNDERGROUND UTILITY DISTRICT NOS. 03- 01 AND 03-02 FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT-PHASE I (CIP NO. 7130) AND FOR THE EDINGER AVENUE ("SMART STREET") WIDENING PROJECTS (CIP NO. 7147) Recommendation: Adopt Resolution No. 03-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING A TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE DESIGNATION AND ADOPTION OF UNDERGROUND UTILITY DISTRICT NOS. 03-01 AND 03-02, REQUIRING THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES WITHIN THE AREA OF THE CITY OF TUSTIN GENERALLY BOUNDED BY EDINGER AVENUE ON THE NORTH, THE BURLINGTON NORTHERN AND SANTA FE RAILROAD SPUR LINE EAST OF DEL AMO AVENUE ON THE EAST, VALENCIA AVENUE ON THE SOUTH, AND STATE Agenda - City Council October 20, 2003 - Page 3 ROUTE 55 ON THE WEST WHICH AREA IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" A'I-FACHED HERETO AND ON FILE IN THE OFFICE OF THE CITY CLERK AND CITY ENGINEER OF THE CITY OF TUSTIN DECLARATION OF SURPLUS EQUIPMENT Recommendation: That the City Council declares the equipment detailed in the attached report as surplus and not required for public use, in accordance with the Tustin City Code, Section 1626 and authorize the Public Works Department to sell the equipment at public auction. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CENTENNIAL PARK RESTROOM RENOVATION PROJECT (CIP NO. 2056) Recommendation: Adopt Resolution No. 03-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CENTENNIAL PARK RESTROOM RENOVATION (ClP NO. 2056) 10. AWARD OF CONTRACT FOR GRAFFITI REMOVAL PROGRAM Recommendation: That the City Council authorize the Community Development Director to enter into a contract with Graffiti Control Systems for the removal of graffiti from public and private property. 11. JOINT VENTURE COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE, THE CITY OF TUSTIN AND THE TUSTIN UNIFIED SCHOOL DISTRICT Recommendation: It is recommended that the City Council authorize the City Manager to execute a Joint Venture Cooperative Agreement for the new Tustin Branch Library subject to modifications to the draft agreement as may be determined necessary by the City Manager and City Attorney prior to execution. 12. CONSIDERATION OF CLAIM OF CLAUDIA JENKINS, CLAIM NO. 03-29 Recommendation: After investigation and review by City Attorney's office and the City's Claims Administrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice thereof to the claimant and the claimant's a~orney. Agenda - City Council October 20, 2003 - Page 4 13. REGULAR BUSINESS (Agenda Item 13) ADOPTION OF URGENCY ORDINANCE NO. 1281 AMENDING CITY CODE SECTION 4311 AND ADDING CITY CODE SECTION 4327 TO REQUIRE RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS The City's proposed ordinance requires all construction and demolition projects valued at $50,000 or more to achieve a 50% diversion and those projects valued at $100,000 or more to also submit a Waste Management Plan quantifying the projects proposed diversion prior to issuance of a building or demolition permit. The adoption of this Urgency Ordinance will demonstrate to the California Integrated Waste Management Board (CIWIMB) the City's commitment to comply with all of the requirements and purposes of State Law, including the City's SB 1066 time extension plan of correction Recommendation: It is recommended that the City Council Adopt Urgency Ordinance No. 1281 (roll call vote): AN URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF CHAPTER 3, PARTS 1 AND 2 OF TITLE 4 OF THE TUSTIN CITY CODE BY ADDING NEVV PROVISIONS FOR THE DIVERSION OF CONSTRUCTION AND DEMOLITION DEBRIS 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, November 3, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council October 20, 2003 - Page 5