HomeMy WebLinkAbout03 MINUTES 07-21-03 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
JULY 7, 2003
Agenda Item~_~
Reviewed ~ ~
City Manage/,"~'~"v
Finance Director.~
7:00 p.m.
Given
Given
Council Present:
Council Absent:
City Clerk:
Others Present:
REGULAR MEETING- 7:00 P.M.
CALL TO ORDER
INVOCATION - Councilmember Bone
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Kawashima
ROLL CALL
Mayor Tracy Wills Worley, Mayor Pro Tem Tony Kawashima,
Councilmembers Lou Bone, Doug Davert and Jeffery M. Thomas
None
Pamela Stoker
William A. Huston, City Manager; Lois Jeffrey, City Attorney
Given
None
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
Mayor Worley opened the public hearing at 7:13 p.m. There
were no speakers on the subject and the public hearing was
closed.
Minutes - City Council July 7, 2003 - Page 1
It was moved by Davert, seconded by Thomas, to approve the
Producer Price Index and extraordinary rate adjustments for
residential and commercial customers and adopt the following
Resolution No. 03-80:
.Adopted Resolution No.
03-80
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 HF__.ALTH 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
and approve a contract agreement with Federal Disposal
Service to permit the collection of certain hazardous materials
for a fee.
Motion carried 5-0.
AGENDA ITEM NUMBER TAKEN OUT OF ORDER
,
ZONE CHANGE 03-004 AND CONDITIONAL USE PERMIT
NO. 03-008:2681 WALNUT AVENUE
Mayor Worley opened the public hearing at 7:20 pm. There
were no speakers on the subject and the public hearing was
closed.
It was moved by Thomas, seconded by Davert, to adopt the
following 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
Motion carried 5-0.
Pamela Stoker, City Clerk, read the following Ordinance No.
1278 by title only:
Minutes - City Council July 7, 2003 - Page 2
Introduced 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
Motion carried 5-0.
It was moved by Thomas, seconded by Davert, to adopt the
following Resolution No. 03-90 approving Conditional Use
Permit 03-008:
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
Motion carried 5-0.
CONSENT CALENDAR
(Agenda Items 2 through 6, 8, 9, and 11)
Approved
,
It was moved by Davert, seconded by Thomas, to approve the
Consent Calendar as recommended by staff. Motion carried
5-0.
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
.
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
o
PLANNING COMMISSION ACTION AGENDA - JUNE 23,
2003
Minutes - City Council July 7, 2003 - Page 3
Ratified
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.
Denied Claims
o
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.
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
03-88
Resolution
No.
,
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)
Minutes - City Council July 7, 2003 - Page 4
Approved
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.
Approved
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.
REGULAR BUSINESS
(Agenda Items 10, 12, 13 and 14)
Adopted
03-82
Resolution
No.
10.
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)
It was moved by Davert, seconded by Kawashima, to adopt
the following 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)
Minutes - City Council July 7, 2003 - Page 5
Adopted
03-84
Adopted
03-85
Resolution
Resolution
No.
NO.
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)
Motion carried 5-0.
Adopted
03-86
Resolution
NO.
12.
RESOLUTION NO. 03-86 APPROPRIATING FUNDS FOR
VARIOUS CITY BUDGETS FOR THE FISCAL YEAR
2003~2004
It was moved by Thomas, seconded by Bone, to adopt the
following Resolution No. 03-86 appropriating the City's
Governmental Funds of $47,275,234; Special Revenue Fund,
$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
Motion carried 5-0.
Minutes - City Council July 7, 2003 - Page 6
13. APPROPRIATION LIMIT FOR FISCAL YEAR 2003~2004
Approved
Adopted Resolution
03-87
NO.
Recommendations:
It was moved by Thomas, seconded by Davert, to select the
change in the California per Capita Personal Income as the
price factor for adjusting the 2003/2004 appropriation limit, and
to adopt the following 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
Motion carried 5-0.
Adopted Ordinance
1277
NO.
14.
ORDINANCE NO. 1277 - CODE AMENDMENT 03-004 -
NOISE ORDINANCE AMENDMENT
It was moved by Davert, seconded by Bone, to have second
reading by title only and adoption of Ordinance No. 1277.
Pamela Stoker, City Clerk, read the following Ordinance No.
1277 by title only:
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
Motion carried 5-0 (roll call vote).
None
Councilmember
Davert
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.
Minutes - City Council July 7, 2003 - Page 7
Councilmember
Bone
Councilmember
Thomas
Mayor Pro Tem
Kawashima
Mayor Worley
Expressed congratulations to police officers promoted.
· Congratulated the Tustin police officers on their promotion 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.
ADJOURNMENT - Mayor Worley adjourned the meeting at 7:41 p.m. 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.
TRACY WILLS WORLEY, MAYOR
PAMELA STOKER, CITY CLERK
Minutes - City Council July 7, 2003 - Page 8