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Home My WebLink About00 AGENDA 10-01-01CALL TO ORDER AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN OCTOBER 1,2001 CLOSED SESSION - 6:00 P.M. PUBLIC SESSION - 7:00 P.M.' CLOSED SESSION -6:00 P.M. ROLL CALL PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION -The City Council shall convene in closed session to confer with the City Attorney regarding (1) Pending litigation to which the City is a party 1. Garcia v. City of Tustin, Case Number 01CC02149 (state court matter), 2. Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number 01CC02595 (state court matter), and 3. Santa Ana Unified School District, et al. v. City of Tustin, et al., Case Number CV-01-3426 W JR (CTX) (federal court matter); and (2) Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3)(A). REGULAR MEETING - 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE -Cub Scout Troop 235 INVOCATION - Steve Garrison ROLL CALL CLOSED SESSION REPORT PROCLAMATION - None PRESENTATION - 1) Tiller Days Celebration October 5, 6, and 7- AT&T Broadband; 2) Mother's Against Drunk Driving (MADD) presentation to Officer Mark Sauerwein; and 3) Employee Showcase- Sergeant Joseph Stickles 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 Agenda - City Council October 1_, 2001 - Page 1 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 tape recording of the meeting can be attributed to you. When. you start to address the City Council, please state your full name and address for the record. A Public Input portion is provided both at the beginning and end of the meeting. PUBLIC HEARING (ITEMS 1 THROUGH 2) . AMENDMENT TO CONDITION NO. 2.11 Of PLANNING COMMISSION RESOLUTION NO. 3583 AS ADOPTED BY CITY COUNCIL RESOLUTION 98-25 TO ALLOW THE CONSTRUCTION OF VEHICULAR AND PEDESTRIAN GATES AND ASSOCIATED WALLS, PILASTERS, AND FENCES AT THE ENTRANCE TO TRACT 15568 (SEDONA) On September 10, 2001, the Planning Commission adopted Resolution No. 3802 approving Design Review 01-026 and recommending that the' City Council amend Tentative Tract Map 15568 to allow the construction of vehicular and pedestrian gates and associated, walls, pilasters, and fences at the entrance to the residential development known as Sedona. Recommendation by the Community Development Department: Adopt the following Resolution No. 01-92 approving an amendment to Tentative Tract Map 15568: RESOLUTION NO. 01-92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING CONDITION NO. 2.11 OF PLANNING COMMISSION RESOLUTION NO. 3583, ADOPTED BY CITY COUNCIL RESOLUTION 98-25, TO ALLOW THE CONSTRUCTION OF VEHICULAR AND PEDESTRIAN GATES AND ASSOCIATED WALLS, PILASTERS, AND FENCES AT THE ENTRANCE TO TRACT 15568 , ORDINANCE NO. 1232 AND DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY Ordinance No. 1232 and the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way would establish regulations pertaining to the installation of aboveground utility facilities on public properties such as City parks, City Hail, commuter rail station, and in the public right-of-way. Recommendation by the Community Development Department: , Adopt the following Resolution No. 01-93 adopting the Final Negative Declaration as adequate for Ordinance No. 1232 and the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way: RESOLUTION NO. 01-93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION AS ADEQ'UATE FOR THE ADOPTION OF ORDINANCE NO. 1232 AND THE DESIGN As:enda- City Council October 1,200].- Pas:e 2 GUIDELINES FOR ABOVEGROUND UTILITY PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY FACILITIES ON PUBLIC , Introduce and have first reading by title only of the following Ordinance No. 1232 approving an amendment to Part 6, Chapter 2 of Article 7 of the Tustin City Code related to Design Review for the installation of aboveground utility facilities on public properties and in the public right-of-way: ORDINANCE NO. 1232 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 6, CHAPTER 2 OF ARTICLE 7 OF THE TUSTIN CITY CODE TO ESTABLISH DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY , Adopt the following Resolution No. 01-95 amending Resolution No. 99-84 related to Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way: RESOLUTION NO. 01-95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION NO. 99-84 BY ADOPTING DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES AND THEIR ACCESSORY EQUIPMENT ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY CONSENT CALENDAR (ITEMS 3 THROUGH 7) 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. , APPROVAL OF MINUTES- SEPTEMBER 17, 2001 REGULAR MEETING Recommendation: Approve the City Council Minutes of september 17, 2001. , APPROVAL Of DEMANDS AND RATIFICATION OF PAYROLL Recommendation' Approve Demands in the amount of $2,651,924.00 and ratify Payroll in the amount of $412,656.46. o CONSIDERATION OF AN AGREEMENT FOR HEALTH SERVICES BETWEEN THE CITY OF TUSTIN AND THE COUNTY OF ORANGE Recommendation: Authorize the Mayor and City Clerk to execute the Agreement for the Provision of Environmental Health Services between the County of Orange and the City of Tustin as recommended by the Community Development Department. o RESOLUTION NO. 01-94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR FRONTIER PARK BRIDGE REPAIR RENOVATION Recommendation: Adopt Resolution No. 01-94, accepting said work as complete, authorize the recordation of the Notice of Completion and direct the City Clerk to: Agenda - City Council October :~, 2003. - Page 3 1) Release the Labor and Materials Bond no sooner than thirty-five days after the date of recordation of the Notice of Completion, and 2) Release the Faithful Performance Bond no sooner than one year after the date of recordation of the Notice of Completion as recommended by the Director of Parks and Recreation Services. , PLANNING COMMISSION ACTION AGENDA- SEPTEMBER 24, 2001 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 September 24, 2001. REGULAR BUSINESS (ITEMS 8 THROUGH 9) , ORDINANCE NO. 1244- AMENDING CITY CODE SECTION 5331n The residents on Myrtle Avenue between Main Street and Second Street have expressed concerns regarding an overflow of on-street parking from adjacent apartments along Main Street. These residents have requested that the City establish overnight on- street permit parking and add Myrtle Avenue between Main Street and Second Street as a designated on-street permit parking zone. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1244, amending City Code Section 5331n (roll call vote): ORDINANCE NO. 1244- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331n TO DESIGNATE MYRTLE AVENUE BETWEEN MAIN STREET AND SECOND STREET FOR PARKING BY PERMIT ONLY , ORDINANCE NO. 1245- AMENDING SECTIONS 7412 AND 7425 OF THE TUSTIN CITY CODE PERTAINING TO CUSTOMER SERVICE STANDARDS FOR CABLE TELEVISION SYSTEMS AND PENALTIES FOR VIOLATIONS OF STATE LAW The City Council previously adopted a resolution giving 90 days notice to cable television providers of its intent to enforce the customer service standards promulgated by the Federal Communications Commissions (FCC). The State of California has adopted additional customer service standards and has authorized the City to enforce such standards by imposing monetary penalties for their violations. Ordinance No. 1245 amends the Tustin City Code to codify the FCC standards and adopts the maximum penalties authorized by state law for violation of the state's customer service standards. Notwithstanding these penalties, the City retains its authority to enforce cable television franchise ordinances and the Tustin City Code. Recommendation by the Office of the City Clerk: Have second reading by title only and adoption of the following Ordinance No. 1245 amending Tustin City Code Sections 7412 and 7425 pertaining to customer servico Asenda - City Council October 1,200;[ - Pase 4 standards' for cable television systems and penalties for violations of state law (roll call vote): ORDINANCE NO. 1245- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 7412 AND 7425 OF THE TUSTIN CITY CODE PERTAINING TO CUSTOMER SERVICE STANDARDS FOR CABLE TELEVISION SYSTEMS AND PENALTIES FOR VIOLATIONS OF STATE LAW 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 tape recording of the meeting can be attributed to you. When you start to address the City Council, please state your full name and address for the record. A Public Input portion is provided both at the beginning and end of the meeting. 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, October 15, 2001, at 7'00 p.m. in the Council Chamber at 300 Centennial Way. As;enda- City Council October ;[, 2001 -Pase 5