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Home My WebLink About00 AGENDA 01-02-2007 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL JANUARY 2, 2007 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Jerry Amante, Mayor Pro Tem Doug Davert, Council member Tony Kawashima, Councilmember Jim Palmer, Councilmember Lou Bone, Mayor William A. Huston, City Manager Douglas Holland, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION MEETING 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 January 2, 2007 meeting of the City Council. (Agenda Items A through C) PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL THREAT OF LITIGATION pursuant to government Code Section 54956.9(E) - One Case B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to government Code Section 54956.9(a) - ME C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Aqency Neqotiator: Kristi Recchia, Director of Human Resources and Linda Jenson Employee Orqanization: Employee Orqanization: Employee Orqanization: Management Supervisory Executive Management City Council Meeting Agenda January 2, 2007 Page 1 of 8 PUBLIC MEETING 7:00 P.M. "'-c. ~ ~ -='.-=* CALL TO ORDER INVOCATION - Dane Counts, Tustin American Legion PRESENTATION OF COLORS & PLEDGE OF ALLEGIANCE - Tustin American Legion ROLL CALL - City Clerk CLOSED SESSION REPORT - City Attorney FIRST PUBLIC INPUT - Members of the public may address the City Council only on items on the Agenda. PUBLIC HEARING A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council/Redevelopment Agency related to land use or fees. (Agenda Item 1) 1. CODE AMENDMENT 06-005 - CITY'S SIGN CODE Code Amendment 06-005 consists of proposed amendments to the City's Sign Code. Most of the proposed amendments pertain to signs in the public right of way, including real estate open house signs, political signs, and human signs, less significant changes include: a revised definitions section, a revised hearings and appeals section, larger permitted banner signs for some freeway-facing buildings; and the addition of a permitted sign type - temporary signs for nonprofit organizations. Code Amendment 06-005 was considered by the P'lanning Commission on November 13, 2006, and was continued to November 27, 2006, at which time the Planning Commission adopted Resolution No. 4043, recommending that the City Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations" of Article 9 of the Tustin City Code. Applicant: City of Tustin Recommendations: City Council Meeting Agenda January 2, 2007 Page 2 of 8 1.a. Open and close a Public Hearing; and 1.b. Introduce, and have the first reading of Ordinance No. 1321 approving Code Amendment 06-005; and, set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1321 - An ordinance of the City Council of the City of Tustin, California, repealing and adding Chapter 4 "Sign Regulations" to the Tustin City Code 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 Items 2 through 13) 2. APPROVAL OF MINUTES - SPECIAL AND REGULAR MEETINGS OF DECEMBER 4, 2006 Recommendation: Approve the Special and Regular City Council Meeting Minutes of December 4, 2006. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve demands in the amounts of $1,308,474.35; $1,004,220.27; and $2,193,730.39; Reversals in the amount of $6,622.07; Pay Immediately in the amount of $2,018.24;and Payroll in the amount of $583,444.90. 4. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY The California Government Code, as amended, requires that Cities annually adopt their Investment Policy. This legislative action was in response to the Orange County bankruptcy. It requires the elected body and the Treasurer to review the existing Investment Policy at least annually and confirm its content at a public meeting and annually delegate authority to invest. Recommendations: 4.a. Continue delegation of Investment Policy to G. W. Jeffries and Associates; and 4.b. Adopt the City of Tustin Investment Policy for calendar year 2007 with the noted change, as recommended by the City Treasurer. City Council Meeting January 2, 2007 Agenda Page 3 of 8 5. DESTRUCTION OF RECORDS - POLICE DEPARTMENT Government Code Section 34090 and Resolution No. 01-91 permit destruction of records, which meet certain criteria with the approval of the City Council by resolution, and the written consent of the City Attorney. Recommendation: Adopt resolution. RESOLUTION NO. 07-09 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain City records and papers in the possession of the Tustin Police Department that are no longer required for Tustin Police Department business pursuant to Government Code Section 34090 and the City of Tustin's Records Retention Schedule 6. DESTRUCTION OF RECORDS - HUMAN RESOURCES Resolution No. 01-91, the Record Retention/Disposition Schedule, permits destruction of records and documents which meet certain criteria with the approval of the City Attorney and the City Council.. Recommendation: Adopt resolution. RESOLUTION NO. 07-04 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain city records and papers in the possession of the Human Resources Department of the City of Tustin no longer required for the conduct of city business, pursuant to the authority granted by the City of Tustin's Records Retention Schedule 7. TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION (TMEA) MEMORANDUM OF UNDERSTANDING Adoption of the attached Resolution and Memorandum of Understanding will authorize salary and benefit adjustments, pursuant to previous Council direction, for employees within the Tustin Municipal Employees Association (TMEA) bargaining unit. Recommendation: Adopt resolution. RESOLUTION NO. 07-05 - 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 Municipal Employees Association, concerning wages, salaries, fringe benefits and conditions of employment City Council Meeting Agenda January 2, 2007 Page 4 of 8 8. TUSTIN POLICE SUPPORT SERVICES ASSOCIATION MEMORANDUM OF UNDERSTANDING - CONTRACT AMENDMENT Adoption of the attached Resolution and Memorandum of Understanding Contract Amendment will authorize an increase in the City's contribution to the Flexible Benefits Plan, pursuant to previous Council direction, for employees within the Tustin Police Support Services Association (TPSSA) bargaining unit. Recommendation: Adopt resolution. RESOLUTION NO. 07-06 - 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 contract amendment to the Memorandum of Understanding between the City of Tustin and the Tustin Police Support Services Association, concerning Article 12 Flexible Benefits Plan 9. TUSTIN POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING - CONTRACT AMENDMENT Adoption of the attached Resolution and Memorandum of Understanding Contract Amendment will authorize an increase in the City's contribution to the Flexible Benefits Plan, pursuant to previous Council direction, for employees within the Tustin Police Management Association (TPMA) bargaining unit. Recommendation: Adopt resolution. RESOLUTION NO. 07-07 - 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 contract amendment to the Memorandum of Understanding between the City of Tustin and the Tustin Police Management Association, concerning Article 20 Flexible Benefits Plan 10. TUSTIN POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDING - CONTRACT AMENDMENT Adoption of the attached Resolution and Memorandum of Understanding Contract Amendment will authorize an increase in the City's contribution to the Flexible Benefits Plan, pursuant to previous Council direction, for employees w~thin the Tustin Police Officers Association (TPOA) bargaining unit. Recommendation: Adopt resolution. RESOLUTION NO. 07-08 - A resolution of the City Council of the City of Tustin, California, amending the Classification and Compensation Plan for City Council Meeting Agenda January 2, 2007 Page 5 of 8 the City of Tustin and approving the contract amendment to the Memorandum of Understanding between the City of Tustin and the Tustin Police Officers Association, concerning Article 23 Flexible Benefits Plan and Article 9 Paid Leave 11. APPROVAL OF AN APPROPRIATION FOR MAINTENANCE OF THE CITY COUNCIL CHAMBERS AUDIO VISUAL EQUIPMENT Recommenda(ion: Approve an appropriation amount of $9,800 from the unappropriated balance of the General Fund and allocate it to the Public Works Department Operating Budget. This will provide for the extension of a maintenance service contract with Western Audio Visual Corp. of Orange, CAfor preventive and operational maintenance of the AMX Audio Visual system in the City Council Chambers for a period of one year. 12. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION TO FILE THE NOTICE OF COMPLETION FOR THE RED HILL AVENUE / OLWYN DRIVE PEDESTRIAN ENHANCEMENTS .(CIP NO. 4067) Recommendations: 12.a. Adopt resolution; and authorizing the recordation of the Notice of Completion, and direct the City Clerk to: RESOLUTION NO. 07-03 - 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 construction of the Red Hill Avenue / Olwyn Drive Pedestrian Enhancements (CIP No. 4067) 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. 12.b. 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 100/0 retention in the amount of $18,361.91 to Elite Bobcat Service, Inc. The total final construction contract cost for the project is $183,619.11. 13. SET A PUBLIC HEARING FOR JANUARY 15, 2007 TO CONSIDER REVISIONS TO CITY CODE SECTION 4300 RELATED TO SOLID WASTE Recommendation: Set a public hearing for January 15, 2007 at 7:00 p.m. to consider revisions to City Code Section 4300 related to solid waste. City Council Meeting Agenda January 2, 2007 Page 6 of 8 REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 14 through 19) 14. 2007 MAYORAL APPOINTMENTS TO COMMITTEES Annually, following selection of the Mayor, the Mayor appoints those members of the City Council who will serve on various City and County committees. Recommendation: Receive and file. 15. INTRODUCE ORDINANCE CHANGING CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY, AND PLANNING COMMISSION MEETING DATES, MODIFICATION TO ROBERT'S RULES OF ORDER, AND COUNCIL SALARY ADJUSTMENT Recommendation: Introduce and have first reading of Ordinance No. 1326 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1326 - An ordinance of the City of Tustin, California, amending Sections 1301, 1302, 1303 and 1515 of the Tustin City Code relating to meeting dates, rules of procedure, and council compensation 16. APPOINTMENT OF CITIZEN PARTICIPATION COMMITTEE FOR PROGRAM YEAR 2007-08 Recommendation: That the City Council appoint two (2) members at large to serve as Citizen Participation Committee for Community Development Block Grant (CDBG) Program Year 2007-08. 17. FIRST AMENDMENT TO INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT WITH VESTAR/KIMCO TUSTIN, L.P. ("DEVELOPER") FOR THE 'DISTRICT' AT TUSTIN LEGACY Recommendation: Subject to any non-substantive modifications as may be determined necessary by the City's Tustin Legacy Special Counselor City Attorney, approve and authorize the City Manager, or designee to execute a First Amendment to the Infrastructure Construction and Payment Agreement ("Amendment") between the City of Tustin and. the Developer and to carry out all actions necessary to implement the Amendment and Original Agreement. 18. ORDINANCE FIRST READING - DESIGNATION OF PUBLIC PARKING AREAS City Council Meeting Agenda January 2, 2007 Page 7 of 8 This action recommends reintroduction of Ordinance 1323 providing for the designation of public parking areas. Recommendations: Introduce and have first reading of Ordinance No. 1323 and set for second reading at the Council's next scheduled meeting. ORDINANCE NO. 1323 - An ordinance of the City of Tustin, California, adding Chapter 9 to Article 7 of the Tustin City Code, providing for the designation of public parking areas within the City 19. CITY COUNCIL - LEGISLATIVE UPDATES: ANAYSIS OF CELL PHONE TOWERS Councilmember Jim Palmer requested that the following item be agendized for discussion by the City Council. Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT - Members of the public may address the City Council on any item under the jurisdiction of the City Council. OTHER BUSINESS AND COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT - The next regular meeting of the City Council is scheduled for January 15, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting Agenda January 2, 2007 Page 8 of 8