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Home My WebLink About00 AGENDA 02-02-04CITY OF TUSTIN CITY COUNCIL MEETING AGENDA Lou Bone, Mayor Pro Tem Doug Davert, Councilmember Tracy Worley Hagen, Councilmember Jeffery Thomas, Councilmember Tony Kawashima, Mayor MONDAY, FEBRUARY 2, 2004 COUNCIL CHAMBERS William A. Huston, City Manager Lois Jeffrey, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION 5:30 P.M. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the February 2, 2004 meeting of the City Council: (Agenda Items A and B) CALL TO ORDER ROLL CALL PUBLIC INPUT - Member of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL - LABOR NEGOTIATIONS pursuant to Government Code Section 54957.6. Negotiator: William A. Huston, City Manager Reeardin_q: Unrepresented Executive Management and Management Employees B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Party with whom ne.qotiatin.q: Ne,qotiator: Terms under ne,qotiations: Property is Reuse Plan Disposal Parcel 12; portion of Parcel I-D-4, Tustin Legacy Vestar Development II, LLC Assistant City Manager and Special Counsel Gilchrist & Rutter Price and Terms of Payment City Council Meeting February 2, 2004 Agenda Page 1 of 6 PUBLIC MEETING 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL CLOSED SESSION REPORT PROCLAMATIONS - PRESENTATIONS - Iliana Soto, Orange County Human Relations Commission FIRST PUBLIC INPUT CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Item 2 through 10) APPROVAL OF MINUTES - JANUARY 20, 2004 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 20, 2004. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,264,732.32 $1,094,320.04 and ratify Payroll in the amount of $719,514.69. and PLANNING COMMISSION ACTION AGENDA- JANUARY 26, 2004 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 January 26, 2004. City Council Meeting February 2, 2004 Agenda Page 2 of 6 RESOLUTION RELATING TO SALARY AND BENEFITS OF CONFIDENTIAL UNREPRESENTED EMPLOYEES Recommendation: Adopt resolution. RESOLUTION NO. 04-20 - A resolution of the City Council of the City of Tustin, California relating to compensation and benefits for confidential unrepresented employees, and superseding Resolution 02-19 o TUSTIN POLICE OFFICERS ASSOCIATION - MANAGEMENT UNIT MEMORANDUM OF UNDERSTANDING Recommendations: 5.a. Adopt resolution; and RESOLUTION NO 04-18 - A resolution of the City Council of the City of Tustin, California, amending the classification and compensation plan for the City of Tustin and approving the Memorandum of Understanding between the City of Tustin and the Tustin Police Officers Association, Management Unit, concerning wages, salaries, fringe benefits and conditions of employment 5,b, Approving a Memorandum of Understanding for the Tustin Police Officers Association - Management Unit encompassing the time period of February 2, 2004 through December 31, 2004. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE MAIN STREET REHABILITATION BETWEEN STONEGLASS AND 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) Recommendations: 6.a. Adopt resolution; and RESOLUTION NO. 04-17 -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 Main Street Rehabilitation between Stoneglass and SR-55 Freeway (CIP No. 7163), Bryan Avenue Rehabilitation between Red Hill Avenue and Browning City Council Meeting February 2, 2004 Agenda Page 3 of 6 6.b, 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) 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 $231,928.30 to All American Asphalt. The total final construction contract cost for the project is $2,319,283.00. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS -- NEWPORT AVENUE AT EL CAMINO REAL TRAFFIC SIGNAL MODIFICATION / UPGRADE (ClP NO. 4064) Recommendations: 7.a. Adopt resolution; and RESOLUTION NO. 04-12 - A resolution of the City Council of the City of Tustin, California approving plans and specifications for the Newport Avenue at El Camino Real traffic signal modification/upgrade (CIP No. 4064), and authorizing advertisement for bids 7.b. Authorize and direct the City Clerk to advertise for bids. CONSIDERATION OF CLAIM OF ILZE LEMUS, CLAIM NO. 03-42 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. City Council Meeting February 2, 2004 Agenda Page 4 of 6 9. CONSIDERATION OF CLAIM OF KATHRYN HUG, CLAIM NO. 04-01 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. 10. LICENSING AUTHORIZATION: TUSTIN LEGACY Recommendations: 10.a. Adopt resolution. RESOLUTION NO. 04-21 - A resolution of the City Council of the City of Tustin, California, finding that pursuant to Public Resources Code Section 2116 and Section 15168(c) of State CEQA guidelines the Project is within the scope of the final joint program MCAS Environmental Impact Statement/Environmental Impact Report (MCAS Tustin FEIS/EIR) and no new environmental document is required, applicable mitigation measures have been incorporated into the project or will be conditions of approval on any specific entitlement applications 10.b. Subject to non-substantial modifications as may be determined necessary by the City Attorney or City Manager prior to execution, approve and authorize the City Manager or Assistant City Manager to execute license for authorized Interim Uses on portions of the former MCAS Tustin in ownership or Lease from the Navy and to carry out all action necessary to implement licenses including but not limited to execution of all related documents and to carry out all actions necessary to implement any granted licenses. REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 13) 11. TUSTIN HIGH SCHOOL "EVERY FIFTEEN MINUTES" PROGRAM Tustin High School is seeking a contribution of $2,500 to cover the cost of implementing the "Every Fifteen Minutes" program on March 25 and 26, 2004. Recommendation: Pleasure of the City Council. City Council Meeting February 2, 2004 Agenda Page 5 of 6 12. ORDINANCE AMENDING THE TUSTIN CITY CODE PERTAINING TO THE PARKS AND RECREATION COMMISSION The proposed Ordinance would match the size of the Parks and Recreation Commission to other City Commissions and Committees, including the City Council, at the end of the expiration terms in March of 2004. While it would limit the number of positions available for appointment in March, no person currently serving on the Commission would have their term shortened. Recommendation: Pleasure of the City Council. 13. IMPACTS OF STATE BUDGET Recommendations: That the City Council direct staff to: 13.a. Through the mid-year budget review (scheduled for the City Council February 17, 2004 meeting) identify options for offsetting the loss of City income in fiscal year 2003-2004 due to State imposed diversion of revenue; and 13.b. Prepare a report which identifies for the City Council's review, a list of measures that can be taken in the event further State imposed diversions of City income occur in fiscal year 2004-2005. SECOND PUBLIC INPUT- Refer to First Public Input for information. OTHER BUSINESS - City Manager, City Attorney, City Council COMMI-I-I-EE REPORTS - City Council ADJOURNMENT- The next regular meeting of the City Council is scheduled for Tuesday, February 17, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin. City Council Meeting February 2, 2004 Agenda Page 6 of 6