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Home My WebLink About00 AGENDA 10-15-01CALL TO ORDER AGENDA CITY COUNCIL REGULAR MEETING CITY OF TUSTIN OCTOBER 15, 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); (2) Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(3)(B) (claim of Thornton Dickerson), a copy of the claim can be reviewed in the City Clerk's Office; and (3) to confer with the City Attorney pursuant to Government Code Section 54956.9(c) regarding pending litigation (one case). REGULAR MEETING - 7'00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Pastor Jon Spencer, Heartfelt Ministries ROLL CALL PROCLAMATION - None 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. Asenda - City Council October ~. 5, 200l - Pase 1 CLOSED SESSION REPORT PUBLIC HEARING (ITEMS 1 THROUGH 2 ) . ORDINANCE NO. 1232 AND DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY On October 4, 2001, the City received written comments from Southern California Edison, Pacific Bell, and Cingular Wireless. To ensure that all comments are addressed and the City Attorney has adequate time to review the proposed revisions, staff recommends that the public hearing on this item be continued to November 5, 2001. Recommendation by the Community Development Department: Continue this item to the November 5, 2001 City Council meeting. . APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION NOS. 00- 001 AND 00-002 (14511 AND 14512 CARFAX DRIVE) On March 12, 2001, the Planning Commission denied Use Determination Nos. 00-001 and 00-002 finding that the uses that have been established at 14511 and 14512 Carfax Drive are not apartments and are boarding houses which require approval of conditional use permits. The applicant appealed the Planning Commission's decision. On April 16 and July 16, 2001, the City Council continued the appeal hearing at the request of the applicant. On June 18, 2001, the applicant submitted conditional use permits to establish boarding houses at 14511 and 14512 Carfax Drive. The applicant is requesting a continuance to February 5, 2002, to allow additional time for the processing of these conditional use permits. Recommendation by the Community Development Department: Continue the public hearing on the appeal until February 5, 2002. CONSENT CALENDAR (ITEMS 3 THROUGH 15) 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- OCTOBER 1, 2001 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 1, 2001. . APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,161,223.90 and ratify Payroll in the amount of $433,596.71. . PLANNING COMMISSION ACTION AGENDA- OCTOBER 8, 2001 All actions of the Planning Commission become final unless appealed by the City Council Agenda- City Council October 15, 2001 -Page 2 ............... j __ i, .__11 ._. I r.I ........ I ii o o , ,, 10. 11. 12. or member of the public. Recommendation' Ratify the Planning Commission Action Agenda of October 8, 2001. QUARTERLY INVESTMENT REPORT Recommendation: Receive and file as recommended by the City Treasurer. WORKER'S COMPENSATION SELF INSURERS ANNUAL REPORT Recommendation: Receive and file as recommended by the Human Resources Department. RESOLUTION NO. 01-96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR ADDITIONAL TEMPORARY PARTIALLY PAID MILITARY LEAVE OF ABSENCE AND CONTINUATION OF BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES Recommendation: Adopt Resolution No. 01-96 establishing additional temporary partially paid military leave of absence and continuation of benefits for eligible City employees called to active dUty in connection with the nation's response to the terrorist attack on the United States of America as recommended by the Human Resources Director. NO COST JOINDER IN AMICUS BRIEF IN SUPPORT OF THE CITY OF SACRAMENTO IN BARDEN V. CITY OF SACRAMENTO Recommendation: Approve No Cost Joinder in Amicus Brief in Support of the City of Sacramento as recommended by the City Attorney. CERTIFIED LOCAL GOVERNMENT 2001 GRANT Recommendation by the Community Development Department: 1. Adopt the following Resolution No. 01-98: RESOLUTION NO. 01-98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AGREEMENT BE'TWEEN THE CITY OF TUSTIN AND THE STATE OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL GOVERNMENT 2. Authorize the Community Development Director or designee as the agent for the City to coordinate, process, and execute all documents within the scope of the grant project; and, 3. Agree that all required local matching funds or in-kind services be provided by the City for the proposal. SURPLUS EQUIPMENT SALE. S REPORT Recommendation: Receive and file Department/Field Services. as recommended by the Public Works APPROVAL OF AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT NO. C-95-993 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECTS FUNDED BY MEASURE M Recommendation: Approve Amendment No. 4 to Cooperative Agreement No. C-95-993 with the Orange County Transportation Authority, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City as recommended by the Public Works Department/Engineering Division. Agenda - City Council October ]. 5, 2001 - Page 3 13. AUTHORIZATION TO EXPEND FUNDS- MDS PROJECT Recommendation: Authorize the expenditure of Police Department Salary Savings funds to meet City's 25% funding responsibility as recommended by the Police Department. 14. RESOLUTION NO. 01-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, IN SUPPORT OF ACTIONS TAKEN BY PRESIDENT BUSH REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11,2001 Recommendation' Adopt Resolution No. 01-100 suppoding the actions taken regarding the terrorist attacks of September 11, 2001 as recommended by the Office of the City Clerk. 15. RESOLUTION NO. 01-99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 Recommendation' ApProve the application for Grant Funds for the RBZ Urban Open Space and Recreation Grant Fund Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 and adopt Resolution No. 01- 99 to support the grant request as recommended by Parks and Recreation Services. REGULAR BUSINESS (ITEMS 16 THROUGH 17) 16. APPROVAL Of PERMIT PARKING AND ORDINANCE NO. 1247 AMENDING CITY CODE S. ECTION 5331n TO DESIGNATE THE FOLLOWING STREETS FOR PARKING BY PERMIT ONLY: NORTH SIDE OF MAIN STREET BETWEEN PASADENA AVENUE AND PACIFIC STREET; LORELIE LANE; AND MYRTLE AVENUE, MEDALLION AVENUE, CALIFORNIA STREET, PACIFIC STREET AND CORLA, NORTH OF MCFADDEN AVENUE The residents on the north side of Main Street between Pasadena Avenue and Pacific Street; Lorelie Lane; and on Myrtle Avenue, Medallion Avenue, California Street, Pacific Street, and Coda Avenue, north of McFadden Avenue have expressed concerns regarding an overflow of on-street parking from adjacent apartments. These residents have requested that the City establish overnight on-street permit parking and add the aforementioned streets as designated on-street permit parking zones. Recommendation by the Public Works Department/Engineering Division: Introduce and have first reading by title only of the following Ordinance No. 1247: ORDINANCE NO. 1247- AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, CALIFORNIA, AMENDING CITY CODE SECTION 5331n TO DESIGNATE THE FOLLOWING STREETS FOR PARKING BY PERMIT ONLY: NORTH SIDE OF .MAIN STREET BETWEEN PASADENA AVENUE AND PACIFIC STREET; LORELIE LANE; AND MYRTLE AVENUE, MEDALLION AVENUE, CALIFORNIA STREET, PACIFIC STREET AND CORLA, NORTH OF MCFADDEN AVENUE Agenda- City Council October !5, 200! - Page 4 ' · ............... II ii i , i L . . i ............. i .... L_.. II. _ *,, ...................... ! j _ . 17. CITY Of TUSTIN LIMITED OBLIGATION IMPROVEMENT BONDS REASSESSMENT DISTRICT 95-1 In 1985 and 1986 the City created Assessment Districts 85-1 and 86-2 for the purpose of providing a tax exempt financing vehicle for constructing the infrastructure necessary for the build-out of Tustin Ranch. In February of 1986 the City Council approved the formation of the Tustin Public Financing Authority to facilitate the reorganization of Assessment Districts 85-1 and 86-2, and the concurrent refinancing of the outstanding debt of the two Districts into Reassessment District 95-1, made up of owner occupied residential property with fixed rate bond assessments, and Reassessment District No. 95- 2, made up of commercial and vacant parcels with variable rate assessments. In keeping with the City Council's policy as stated in the East Tustin Development Agreement, as vacant parcels are developed as owner occupied residential property, the variable rate debt is converted to fixed rate debt for the remaining life of the original issue and the parcels become part of Reassessment District 95-1. Recommendation by the Finance Director: , Adopt the following Resolution No. 01-97: RESOLUTION NO. 01-97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,245,000 AGGREGATE PRINCIPAL AMOUNT OF TUSTIN LIMITED OBLIGATION IMPROVEMENT BONDS REASSESSMENT DISTRICT NO. 95-2 (TUSTIN RANCH), FIXED RATE BONDS, GROUP FOUR, APPROVING THE EXECUTION AND DELIVERY OF A FIFTH SUPPLEMENTAL FISCAL AGENT AGREEMENT, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT (SERIES E), AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO ,, Recess the City Council meeting and convene a meeting as the Tustin Public Financing Authority. 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, November 5, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Agenda - City Council October ! 5, 2003. - Page 5