The URL can be used to link to this page

Home My WebLink About04 CC Action Agenda 7-7-03Report to the ITEM #4 Planning Commission DATE: JULY 14, 2003 SUBJECT: PRESENTATION: ATTACHMENTS: CITY COUNCIL ACTION AGENDA JULY 7, 2OO3 ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL ACTION AGENDA JULY 7, 2003 ACTION AGENDA REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JULY 7, 2003 PUBLIC SESSION - 7:00 P.M. 7:00 pm Given Given All Present Given None CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL CLOSED SESSION REPORT - None PROCLAMATION - None PRESENTATION - Citywide Blood Drive FIRST PUBLIC INPUT , 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 rate increase in workers compensation insurance. Federal Disposal's 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 Action Council Agenda - July 7, 2003 - Page 1 Approved Adopted Resolution No. 03-80 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; , 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 TAKEN OUT OF ORDER . ZONE CHANGE 03-004 AND CONDITIONAL USE PERMIT NO. 03-008:2681 WALNUT AVENUE Recommendations: . Adopt Resolution No. 03-89 adopting as adequate the Negative Declaration for Zone Change 03-004 and Conditional Use Permit No. 03-008; Adopted Resolution No. 03-89 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. Introduce and have first reading by title only of the Action Council Agenda - July 7, 2003 - Page 2 Introduced Ordinance No. 1278 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 Approved . CONSENT CALENDAR (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. Approved Ratified . . 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: Ratify the Planning Commission Action Agenda of June 23, 2003. . CLAIM OF JUANITA ERVIN, CLAIM NO. 03-12 AND CLAIM OF MELISSA BIRSCHBACK / STATE FARM INSURANCE, CLAIM Action Council Agenda - July 7, 2003 - Page 3 Denied Claims 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. Approved , 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. Adopted Resolution No. 03-88 , 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) Approved Approved , 11. 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. APPROVAL OF CONTRACT AGREEMENT REGARDING ENVIRONMENTAL SERVICES FOR MAINTENANCE OF CATCH BASIN FILTER INSERTS (402-6222) Recommendation: It is recommended that the City Council Action Council Agenda - July 7, 2003 - Page 4 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. Adopted Resolution No. 03-82 Adopted Resolution No. 03-84 Adopted Resolution No. 03-85 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 (CIP 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 Action Council Agenda - July 7, 2003 - Page 5 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) Adopted Resolution No. 03-86 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. 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 Approved Adopted Resolution No. 03-87 13. APPROPRIATION LIMIT FOR FISCAL YEAR 2003/2004 Recommendations: 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 XIIIB 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 Action Council Agenda - July 7, 2003 - Page 6 Adopted Ordinance No. 1277 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 None Davert Bone Thomas Kawashima Worley 7:41 pm SECOND PUBLIC INPUT OTHER BUSINESS - City Manager, City Attorney, City Council · Congratulated Tustin police officers promoted at an event today; · Thanked residents of Tustin Meadows for 4th of July Parade; and · Commented on City employee golf tournament. · Expressed congratulations to police officers promoted. · Congratulated the Tustin police officers and · Reported on the success of the Tustin Meadows parade. · Commented on Tustin Meadows parade and · Reported on Orange County Sanitation District rate increase. · Congratulated Pat Sanchez and staff for 4th of July Event at Tustin High School and · Announced Concerts in the Park every Wednesday at Peppertree Park. COMMITTEE REPORTS - City Council ADJOURNMENT- The next regular meeting of the City Council was scheduled for Monday, July 21, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Council Agenda - July 7, 2003 - Page 7 ACTION AGENDA REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY CITY OF TUSTIN, CALIFORNIA JULY 7, 2003 7:41 pm CALL TO ORDER ROLL CALL PUBLIC INPUT - Refer to City Council Agenda Second Public Input REDEVELOPMENT AGENCY (Agenda Items 1 and 2) Approved . APPROVAL OF MINUTES - REGULAR MEETING OF JUNE 16, 2003 Recommendation: Approve the Redevelopment Agency Minutes of June 16, 2003. Adopted RDA Reso. No. 03-11 7:42 pm , RESOLUTION NO. RDA 03-11 - ADOPTING THE AGENCY BUDGET AND APPROPRIATING REVENUE OF THE AGENCY FOR FISCAL YEAR 2003/2004 Recommendation: Adopt Resolution No. RDA 03-11, A Resolution of the Board of Directors of the Community Redevelopment Agency of the City of Tustin, adopting the Agency's 2003/2004 Budget of $12,832,717. RESOLUTION NO. RDA 03-11 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE AGENCY BUDGET AND APPROPRIATING FROM ANTICIPATED REVENUE OF THE AGENCY FOR THE FISCAL YEAR 2003-2004 OTHER BUSINESS CLOSED SESSION - None ADJOURNMENT - The next regular meeting of the Redevelopment Agency was scheduled for Monday, July 21, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Redevelopment Agency July 7, 2003 - Page 1