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Home My WebLink About00 CC AGENDA 10-16-06 CITY OF TUSTIN OCTOBER 16, 2006 REGULAR MEETING OF THE COUNCIL CHAMBER CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN Tracy Worley Hagen, Mayor Pro Tem William A. Huston, City Manager Jerry Amante, Councilmember Douglas C. Holland, City Attorney Lou Bone, Councilmember Pamela Stoker, City Clerk Tony Kawashima, Councilmember Doug Davert, Mayor 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 October 16, 2006 meeting of the City Council. (Agenda Items A through C) CALL TO ORDER ATTENDANCE 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--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 - Consolidated Case of Helene Strayer v. City and Jeri Yassai v. City B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 (1 case) C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Kristi Recchia, Director of Human Resources and Linda Jenson Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Tustin Police Management Association (TPMA) City Council Meeting October 16, 2006 Agenda Page 1 of 6 REGULAR MEETING 7:00 P.M. CALL TO ORDER INVOCATION – Councilmember Lou Bone COLOR PRESENTATION AND PLEDGE OF ALLEGIANCE – St. Jeanne de Lestonnac Troop 804 ROLL CALL – City Clerk Stoker CLOSED SESSION REPORT – City Attorney PRESENTATIONS ? Bruce Junor of Knight of Columbus presentation on Blood Drive at St. Cecilia’s Sunday, October 15th ? Sheldon Pines of TCA presentation on Marketing Program FIRST PUBLIC INPUT – This is the time and place for any member of the public who wishes to address the Council on any item(s) on the Agenda. CONSENT CALENDAR ITEMS 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 1 through 10) 1. APPROVAL OF MINUTES: REGULAR MEETING MINUTES OF OCTOBER 2, 2006 Recommendation: Approve the Regular Meeting Minutes of October 2, 2006. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL City Council Meeting October 16, 2006 Agenda Page 2 of 6 Recommendation: Approve Demands in the amounts of $1,772,478.90 and $1,109,336.54; Pay Immediately in the amount of $720,957.40; and Payroll in the amounts of $11,790.19 and $575,651.70. 3. QUARTERLY INVESTMENT REPORT Government Code Section 53646 requires that the Treasurer make an Investment Report to the City Council at least quarterly showing balances by authorized investment and certifying its compliance with the adopted Investment Policy. Recommendation: Receive and file. 4. CONSIDERATION OF CLAIM OF ROBERTA BARNARD, CLAIM NO. 06-22 Recommendation: Deny Claim Number 06-22, Roberta Barnard, and direct Staff to send notice thereof to the Claimant. 5. APPROVAL OF PIPELINE LICENSE NO. 05-29690 BETWEEN THE CITY OF TUSTIN AND THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR THE EDINGER AVENUE WIDENING PROJECT (CIP NO. 7147) Recommendation: Approve Pipeline License No. 05-29690 between the City of Tustin and the Burlington Northern and Santa Fe Railway Company (BNSF) for the construction and maintenance of a traffic signal interconnect facility across the BNSF right-of-way on Edinger Avenue and authorize the Mayor and City Clerk to execute the Pipeline License on behalf of the City. 6. AWARD OF CONTRACT FOR BUILDINGS DEMOLITION FOR FUTURE NEW TUSTIN LIBRARY (CIP NO. 1045) Bids for the Buildings Demolition for Future New Tustin Library (CIP No. 1045) have been received and a construction contract is ready to be awarded. Recommendations: 6.a. Deny the bid protests submitted by Miller Environmental, Inc. and U.S. Construction, Inc.; 6.b. Award the construction contract for the Buildings Demolition for Future New Tustin Library (CIP No. 1045) to Vizion's West, Inc., the lowest responsible and responsive bidder in the amount of $220,305.00, and authorize the Mayor and the City Clerk to execute the contract documents on behalf of the City. City Council Meeting October 16, 2006 Agenda Page 3 of 6 7. CITY OF TUSTIN RESPONSE TO ORANGE COUNTY SANITATION DISTRICT NOTICE OF PREPARATION (NOP) OF A PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) FOR PROPOSED ANNEXATIONS AND IMPROVEMENTS Proposed annexations to the Orange County Sanitation District's service area and improvements to its wastewater collection system. The proposed actions constitute the Service Area Annexation and Collection System Improvement Plan. None of the proposed annexations are directly adjacent to the City of Tustin. However, one of the proposed improvement projects is the Browning Subtrunk Sewer Relief project ("Project"), which would increase the capacity of 7,800 feet of sewer line beneath Browning Avenue between Rainbow Drive and Mitchell Avenue. A portion of the sewer line is located in the City of Tustin. Recommendation: Authorize staff to forward the draft response letter to the Orange County Sanitation District. 8. JOHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS Reports transmit two John Wayne Airport Noise Abatement Quarterly Reports for the first and second quarters of 2006. The average noise level measured at monitoring station NMS 10N, located at Columbus Tustin Middle School, remained relatively the same during the first and second quarters. Average noise levels during both quarters remained below the City, County, and State criteria of 65 dB Community Noise Equivalent Level (CNEL) for residential uses. Recommendation: Receive and file reports. 9. AUTHORIZATION FOR THE STATE TO PURCHASE TWO PICKUP TRUCKS AND APPROPRIATION OF FUNDS Approval of Resolution No. 06-122 will authorize the General Services Department of the State of California to purchase two (2) current model year pickup trucks on behalf of the City of Tustin for the two (2) new Building Inspector positions approved in the current adopted budget at a lower cost than the City can obtain on its own. It also designates the City Manager as the public official authorized to execute this request on behalf of the City. Recommendation: Adopt resolution. RESOLUTION NO. 06-122 - A resolution of the City Council of the City of Tustin authorizing the Department of General Services of the State of California to purchase certain items City Council Meeting October 16, 2006 Agenda Page 4 of 6 10. COST SHARING AGREEMENT WITH CITY OF NEWPORT BEACH FOR LEGAL SERVICES ASSOCIATED WITH ENVIRONMENTAL CHALLENGES OF DEVELOPMENT PROJECTS IN THE IRVINE BUSINESS COMPLEX Recommendation: Authorize the City Manager to execute a cost sharing agreement with the City of Newport Beach to share the litigation and advisory costs of the firm of Remy, Thomas, Moose & Manley in conjunction with challenges that Tustin and Newport Beach have regarding City of Irvine approvals of development projects in the Industrial Business Complex. REGULAR BUSINESS ITEMS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 11 through 13) 11. ORDINANCE SECOND READING - GENERAL PLAN AMENDMENT 06-002 AND ZONE CHANGE 06-001: 14092 BROWNING AVENUE (NEW VILLA VALENCIA MOBILE ESTATES) Recommendation: Have second reading by title only and adoption of Ordinance No. 1318 (roll call vote). ORDINANCE NO. 1318 – An ordinance of the City Council of the City of Tustin, California, adopting Zone Change 06-001 to assign the property located at 14092 Browning Avenue with the Mobile Home Park Zoning classification for development of ten additional mobile home pads 12. FLOODPLAIN MANAGEMENT - ORDINANCE NO. 1319 The City of Tustin is a participant in the National Flood Insurance Program (NFIP). Cities or counties who participate in the NFIP are required to adopt local floodplain management regulations which are in conformance with the national model ordinance. Ordinance No. 1319 would amend the applicable sections of Tustin City Code, Article 9, Chapter 8 Floodplain Management to comply with the NFIP requirements. Recommendation: Introduce and have first reading by title only of the following ordinance. ORDINANCE NO. 1319 - An ordinance of the City Council of the City of Tustin, California, amending specified sections of Article 9, Chapter 8 of the Tustin City Code related to Floodplain Management to comply with the National Flood Insurance Program City Council Meeting October 16, 2006 Agenda Page 5 of 6 13. CITY COUNCIL – LEGISLATIVE UPDATES Recommendation: Pleasure of the City Council. SECOND PUBLIC INPUT – This is the time and place for any member of the public who wishes to address the Council on any item(s) NOT on the Agenda. OTHER BUSINESS / COMMITTEE REPORTS - City Manager, City Attorney, City Council ADJOURNMENT – The next regular meeting of the City Council is scheduled for November 6, 2006 at 5:30 p.m. for Closed Session and 7:00 p.m. for the Regular Meeting in the Council Chamber, 300 Centennial Way, Tustin, California City Council Meeting October 16, 2006 Agenda Page 6 of 6