HomeMy WebLinkAbout00 AGENDA 07-07-03REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
AGENDA
JULY 7, 2003
PUBLIC SESSION - 7:00 P.M.
REVISED
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL
CLOSED SESSION REPORT - None
PROCLAMATION
- None
PRESENTATION
- Citywide Blood Drive
FIRST 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 digital
recording of the meeting can be attributed to you. When you start to address the City
Council, please state your full name for the record. Total time allotted for public input on
non-agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the
presiding officer. A speaker may not relinquish her/his time to another speaker. A Public
Input portion is provided both at the beginning and end of the meeting.
.
PUBLIC HEARING
(Agenda Item 1 and 7)
APPROVAL OF RESIDENTIAL AND COMMERCIAL SOLID WASTE RATE
ADJUSTMENTS, ADOPTION OF RESOLUTION NO. 03-80 PLACING
ASSESSMENTS FOR SOLID WASTE COLLECTION ON THE 2003-2004 TAX
ROLL AND APPROVAL OF CONTRACT AMENDMENT #1 RELATED TO
HAZARDOUS WASTE COLLECTION SERVICES
In accordance with the current Franchise Agreement, Federal Disposal Service has
requested approval of rate adjustments for all customers pursuant to an increase in
the Producer Price Index along with an additional increase due to the extraordinary
Council Agenda - July 7, 2003 - Page 1
rate increase in workers compensation insurance. Federal Disposars request will
increase residential rates by 3.9% and commercial rates by 4.6%. Federal Disposal
Service has also requested that the City lower the performance bond amount and
approve a contract amendment to permit the collection of hazardous waste for a
fee. Staff is recommending approval of these rate adjustments and the approval of
a contract amendment for the collection of hazardous electronic waste for a fee.
Staff is not recommending that the performance bond be lowered.
Recommendation: Staff recommends that the City Council:
1. Approve the Producer Price Index and extraordinary rate adjustments for
residential and commercial customers;
2. Adopt the following Resolution No. 03-80 placing assessments for solid waste
collection on the Tax Roll for fiscal year 2003-2004; and
RESOLUTION NO. 03-80- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE
PROVISIONS OF SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY
CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A
REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING
SOLID WASTE COLLECTION SERVICES, DETERMINING THE CHARGES
FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE
RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE
CURRENT ASSESSMENT ROLL
3. Approve a contract agreement with Federal Disposal Service to permit the
collection of certain hazardous materials for a fee.
AGENDA ITEM NUMBER TAKE OUT OF ORDER
,
ZONE CHANGE 03-004 AND CONDITIONAL USE PERMIT NO. 03-008: 2681
WALNUT AVENUE
Recommendations:
1. Adopt Resolution No. 03-89 adopting as adequate the Negative Declaration for
Zone Change 03-004 and Conditional Use Permit No. 03-008;
RESOLUTION NO. 03-89- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA ADOPTING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR ZONE CHANGE 03-004 AND
CONDITIONAL USE PERMIT 03-008 AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
.
Adopt Ordinance No. 1278 approving Zone Change 03-004 to allow outdoor
recreational vehicle (RV) storage as a conditionally permitted use in the Irvine
Industrial Complex and introduce and have first reading by title only of the
Council Agenda - July 7, 2003 - Page 2
following Ordinance No. 1278:
ORDINANCE NO. 1278 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADDING SECTIONS V(I), SUBSECTION 14,
AND SECTION VI(C), SUBSECTIONS 4 AND 5 TO THE IRVINE INDUSTRIAL
COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS,
ESTABLISHING OUTDOOR RECREATIONAL VEHICLE (RV) STORAGE AS
A CONDITIONALLY PERMITTED USE, AND ESTABLISHING
DEVELOPMENT STANDARDS AND A DEFINITION
3. Adopt Resolution No. 03-90.
RESOLUTION NO. 03-90- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 03-008
ESTABLISHING OUTDOOR RECREATIONAL VEHICLE (RV) STORAGE AT
2681 WALNUT AVENUE
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CONSENT CALENDAR
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.
(Agenda Items 2 through 6, 8, 9, and 11)
APPROVAL OF MINUTES - SPECIAL MEETING OF JUNE 12, 2003 AND
REGULAR MEETING OF JUNE 16, 2003
Recommendation: Approve the City Council Minutes of June 12 and June 16, 2003.
.
.
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $575,870.36, $495.00,
$991,850.76, and $1,619,771.46 respectively and ratify Payroll in the amount of
$471,769.12
PLANNING COMMISSION ACTION AGENDA- JUNE 23, 2003
All actions of the Planning Commission become final unless appealed by the City
Council or member of the public.
Recommendation:
2003.
Ratify the Planning Commission Action Agenda of June 23,
Council Agenda - July 7, 2003 - Page 3
,
CLAIM OF JUANITA ERVIN, CLAIM NO. 03-12 AND CLAIM OF MELISSA
BIRSCHBACK / STATE FARM INSURANCE, CLAIM NO. 03-13
Recommendation: After investigation and review by this office and the City
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
attorneys.
,
PAROLE "LEADS" CONTRACT
Recommendation: The City Council authorizes the Chief of Police to enter into an
Agency Participation Agreement and Hold Harmless Form with the State
Department of Corrections to allow designated police personnel to become a
LEADS user.
o
ECONOMIC DEVELOPMENT ADMINISTRATION FEDERAL ASSISTANCE
AWARD AGREEMENT (EDA GRANT AWARD NO 07-49-03826)
Recommendation: Adopt Resolution No. 03-88.
RESOLUTION NO. 03-88- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, REQUESTING REIMBURSEMENT OF
ENGINEERING COSTS AND REQUEST TO TERMINATE U.S. DEPARTMENT
OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION FEDERAL
ASSISTANCE AWARD AGREEMENT (EDA AWARD NO. 07-49-03826)
,
APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR TUSTIN
LEGACY RUN-OFF MANAGEMENT PLAN/ENGINEERING STUDY (CIP NO.
5025)
Recommendation: It is recommended that the City Council approve the
Consultant Services Agreement with RBF, Inc. for the Run-off Management
Plan/Engineering Study in the amount of $239,600.00 and authorize the Mayor
and City Clerk to execute the Consultant Services Agreement on behalf of the
City, subject to minor modifications and approval of the Assistant City Manager
and City Attorney.
11.
APPROVAL OF CONTRACT AGREEMENT REGARDING ENVIRONMENTAL
SERVICES FOR MAINTENANCE OF CATCH BASIN FILTER INSERTS (402-
6222)
Recommendation: It is recommended that the City Council approve the Contract
Agreement with United Stormwater, Inc., regarding the Environmental Services
for Maintenance of Catch Basin Filter Inserts (402-6222) and authorize the Mayor
and City Clerk to execute the Contract Agreement on behalf of the City.
Council Agenda - July 7, 2003 - Page 4
10.
REGULAR BUSINESS
(Agenda Items 10, 12, 13 and 14)
APPROVAL OF THE RESOLUTIONS OF NECESSITY FOR ACQUISITION OF
PARCELS APN NOS. 500-102-02, 401-283-02, AND 401-283-11 FOR THE
IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT
PROJECT (ClP NO. 7118)
Recommendation: Adopt Resolution Nos. 03-82, 03-84, and 03-85 (Requires a
four-fifths (4/5) vote).
RESOLUTION NO. 03-82- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING
THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY
CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF
TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE
POSSESSION THEREOF FOR THE IRVINE BOULEVARD/NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (CIP 7118) AND DECLARING
THE PUBLIC CONVENIENCE AND NECESSITY THEREOF (APN No. 500-102-
02, Pan Pacific Retail Properties, Inc. at 1078-1222 Irvine Boulevard)
RESOLUTION NO. 03-84- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING
THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY
CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF
TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE
POSSESSION THEREOF FOR THE IRVINE BOULEVARD/NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (CIP 7118) AND DECLARING
THE PUBLIC CONVENIENCE AND NECESSITY THEREOF (APN No. 401-283-
02, Raymond J. Larson, Jr. at 18356 Irvine Boulevard)
RESOLUTION NO. 03-85- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, STATE OF CALIFORNIA, AUTHORIZING AND DIRECTING
THE CITY ATTORNEY AND/OR SPECIAL LEGAL COUNSEL TO ACQUIRE BY
CONDEMNATION CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF
TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE
POSSESSION THEREOF FOR THE IRVINE BOULEVARD/NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (CIP 7118) AND DECLARING
THE PUBLIC CONVENIENCE AND NECESSITY THEREOF (APN No. 401-283-
11, Frances D. Larson, Trustee At 18302 Irvine Boulevard)
12.
RESOLUTION NO. 03-86 APPROPRIATING FUNDS FOR VARIOUS CITY
BUDGETS FOR THE FISCAL YEAR 2003/2004
Recommendation: Adopt Resolution No. 03-86 appropriating the City's
Governmental Funds of $47,275,234; Special Revenue Funds, $26,071,608; Water
Enterprise Funds, $16,186,329; Tustin Legacy Enterprise Fund, $2,189,363; and
the City's FY 2003/2004 Classification/Compensation Plan.
Council Agenda - July 7, 2003 - Page 5
RESOLUTION NO. 03-86- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND
APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR
THE FISCAL YEAR 2003~2004
13.
APPROPRIATION LIMIT FOR FISCAL YEAR 2003/2004
Recommendations:
1. Select the change in the California per Capita Personal Income as the price
factor for adjusting the 2003~2004 appropriation limit, and
2. Adopt Resolution No. 03-87 setting the appropriation limit for Fiscal Year
2003~2004 at $47,310,156
RESOLUTION NO. 03-87- A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN
APPROPRIATION LIMIT FOR THE FISCAL YEAR 2003-2004 IN
ACCORDANCE WITH ARTICLE XlIIB OF THE CONSTITUTION OF THE
STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT
CODE
14.
ORDINANCE NO. 1277 - CODE AMENDMENT 03-004 - NOISE ORDINANCE
AMENDMENT
Code Amendment 03-004 is an amendment to Chapter 6 of Article 4 of the Tustin
City Code relating to noise control. The proposed amendment would establish
interior and exterior noise standards for mixed use properties.
Recommendation by the Office of the City Clerk: Have second reading by title only
and adoption of the following Ordinance (roll call vote).
ORDINANCE NO. 1277- AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA AMENDING SECTION 4612, SUBSECTION (A)
OF SECTION 4614, AND SECTION 4615 OF THE TUSTIN CITY CODE, AND
ADDING SUBSECTION (E) TO SECTION 4613 OF THE TUSTIN CITY CODE,
ESTABLISHING NOISE STANDARDS FOR MIXED USE PROPERTIES
SECOND PUBLIC INPUT - At this time members of the public may address the City
Council, the Tustin Community Redevelopment Agency, and any other City of Tustin
agency, regarding any items not on the agenda and within the subject matter jurisdiction of
the City Council acting as the City Council for the City of Tustin and as the Board of
Directors for the Tustin Community Redevelopment Agency and any other City of Tustin
agency. 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
Council Agenda - July 7, 2003 - Page 6
the speaker's podium and submit to the City Clerk so that your remarks on the digital
recording of the meeting can be attributed to you. Total time allotted for public input on non-
agenda items is limited to thirty (30) minutes to one (1) hour, at the discretion of the
presiding officer. A speaker may not relinquish hedhis time to another speaker. When you
start to address the City Council, please state your full name for the record.
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,
July 21, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way.
Council Agenda - July 7, 2003 - Page 7