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Home My WebLink About00 AGENDA 11-17-03REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA AGENDA NOVEMBER 17, 2003 PUBLIC SESSION - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL PROCLAMATION- None PRESENTATION Certificate of Recognition presented to Nancy Cast, founding Chairperson of Learning Enrichment and Achievement Partners (LEAP) in recognition of her retirement Certificate of Recognition presented to Tustin Pioneer Club Runner Michael "Mike" Lalum for recent induction to the North Dakota Hall of Fame 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 hedhis time to another speaker. A Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARING (Agenda Item 1) 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 1 (ClP NO. 7130) AND FOR THE EDINGER AVENUE ("SMART STREET") WIDENING PROJECT (ClP NO. 7147) Agenda - City Council November 17, 2003 - Page 1 Recommendations from the Public Works Department: Conduct the public hearing as noticed to determine if the public necessity, health, safety or welfare require the removal of poles, overhead wires and associated overhead structures on Edinger Avenue between State Route 55 and approximately 1,000 feet southeast of Del Amc Avenue, and on Del Amc Avenue between Edinger Avenue and Valencia Avenue. At the conclusion of the public hearing, if the City Council determines that this area should be designated an underground utility district, adopt Resolution 03-129: RESOLUTION NO. 03-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ESTABLISHING UNDERGROUND UTILITY DISTRICT NOS. 03-01 AND 03-02 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 AMC AVENUE ON THE EAST, VALENCIA AVENUE ON THE SOUTH, AND STATE ROUTE 55 ON THE WEST 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 11) = APPROVAL OF MINUTES - NOVEMBER 3, 2003 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 3, 2003. = APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,935,085.38 and $894,216.01, reversals in the amount of $80.47, and ratify Payroll in the amount of $472,043.19. 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 November 10, 2O03. Agenda - City Council November 17, 2003 - Page 2 CONSIDERATION Of CLAIM: CHERYL ANDERSON, CLAIM NO. 03-27 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 attorney. CONSIDERATION Of CLAIM: LEWIS MARCOTTE, CLAIM NO. 03-30 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 attorney. = CONSIDERATION OF CLAIM: LINDA WEUSTE, CLAIM NO. 03-32 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 attorney. APPROVAL OF AN AGREEMENT TO PURCHASE REAL PROPERTY FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT- PHASE I (APN 430-253-014, CATELLUS FINANCE 1, L.L.C. 15222 DEL AMO AVENUE, ClP NO. 7130) Recommendations: 1. Adopt Resolution No. 03-127 RESOLUTION NO 03-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 430-253-014 (15222 DEL AMO AVENUE) WAS CONSIDERED IN THE FINAL ENVIRONMENTAL DETERMINATION FOR THE NEWPORT AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA AVENUE AND DEL AMO AVENUE WIDENING PROJECT - PHASE 1, (CIP NO. 7130)AND APPROVING THE PURCHASE AGREEMENT 2. Authorize the Mayor and City Clerk to execute the Purchase Agreement with the Seller, Catellus Finance 1, L.L.C., on behalf of the City. ADOPTION OF RESOLUTION NO. 03-121 DESIGNATING RESTRICTED PARKING AREAS AT THE CITY'S METROLINK STATION AT 2975 EDINGER AVENUE Recommendation: Adopt Resolution No. 03-121 Agenda - City Council November 17, 2003 - Page 3 RESOLUTION NO. 03-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING RESTRICTED PARKING AREAS AT THE CITY'S METROLINK STATION AT 2975 EDINGER AVENUE 10. APPROVAL OF RESOLUTION NO. 03-128 SETTING THE FEES RELATED TO CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLANS Recommendation: Adopt Resolution No. 03-128 RESOLUTION NO. 03-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, SETTING THE FEE FOR SUBMITTAL AND REVIEW OF A WASTE MANAGEMENT PLAN 11. PROJECT FUNDING FOR MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Recommendations. 1. Authorize the use of City AB 2766 funds for the Tustin Commuter Rail Station; and Authorize the City Manager to approve additional AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 2003/2004 program year as needed. 12. REGULAR BUSINESS (Agenda Items 12 and 13) APPROVAL OF ORDINANCE NO. 1275 AMENDING CHAPTER 9 OF ARTICLE 4 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1275 (roll call vote): ORDINANCE NO. 1275 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 9 OF ARTICLE 4 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT FOR THE CITY OF TUSTIN 13. APPROVAL OF ORDINANCE NO. 1280 AMENDING ARTICLE 8, CHAPTER 9 OF THE TUSTIN CITY CODE TO COMPLY WITH THE SANTA ANA REGION WATER QUALITY CONTROL BOARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM WATER PERMIT Agenda - City Council November 17, 2003 - Page 4 Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1280 (roll call vote): ORDINANCE NO. 1280 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING CHAPTER 9 OF ARTICLE 8 OF THE TUSTIN CITY CODE TO ADOPT PROVISIONS RELATING TO GRADING AND EXCAVATION 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 rnatter 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 CLOSED SESSION - The City Council shall convene in Closed Session to confer with the City Attorney pursuant to subdivision (a) of Government Code Section 54956.9 about pending litigation to which the City is a party. Natasha Carr vs. Tustin Police Department (OCSC NO. 03CC01966) ADJOURNMENT - The next regular meeting of the City Council is scheduled for Monday, December 1,2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council November 17, 2003 - Page 5