The URL can be used to link to this page

Home My WebLink AboutCC MINUTES 2003 07 07 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JULY 7, 2003 7:00 p.m. Given Given Council Present: Council Absent: City Clerk: Others Present: Given None REGULAR MEETING- 7:00 P.M. CALL TO ORDER INVOCATION -- Councilmember Bone PLEDGE OF ALLEGIANCE - Mayor Pro Tem Kawashima ROLL CALL Mayor Traoy 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 CLOSED SESSION REPORT - None PROCLAMATION PRESENTATION FIRST PUBLIC INPUT - None - Citywide Blood Drive Adopted Resolution No. 03-80 PUBLIC HEARING (Agenda Item I 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. 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: 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 Minutes- City Council July 7, 2003-- Page I 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: 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 IRVlNE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS, ESTABLISHING OUTDOOR RECREATIONAL VEHICLE (PM) 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) It was moved by Davert, seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. Minutes - City Council July 7, 2003-- Page 2 Approved 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 $1,619,77'1.46 respectively and ratify Payroll in the amount of $471,769.12 Ratified 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. Denied Claims Approved CLAIM OF JUANITA ERVIN, CL/~dM 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 Ar}tministrator, it is recommended that the City Council deny the claim and direct the City Clerk to send notice ther~=.of 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 Partk;ipation Agreement and Hold Harmless Form with the State Department of Corrections to allow designated police personnel to become a LEADS user. Adopted Resolution 03-88 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 F-~EIMBURSEMENT OF ENGINEERING COSTS AND REQUEST TO TERMINATE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION FEDERAL ASSISTANCE AWARD AGREEMENT (FDA AWARD NO. 07-49-03826) Minutes- City Council July 7, 2003 - Page 3 Approved AGENDA ITEM NUMb}ER TAKEN APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR TUSTIN LEGACY RUN-OFF MANAGEMENT PLAN/ENGINEERING STUDY (CIP NO. 5O25) 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. OUT OF ORDER 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) Adopted O3-84 Resolution 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 Minutes- City Council July 7, 2003 - Page 4 Adopted 03~85 Adopted 03-86 Resolution Resolution No. No. 12. PROPERTY INTERESTS IN THE CITY OF TUSTIN, STATE OF CALIFORNIA, AND TO OBTAIN IMMEDIATE POSSESSION THEREOF FOR THE IRVlNE 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 A ~ I ORNEY 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. 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/Compen, sation Plan: RESOLUTION NO. 03-86 -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TtJSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET ANiD APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 2003/2004 Motion carried 5-0. Approved Adopted 03-87 Resolution 13. APPROPRIATION LIMIT FOR FISL;AL YEAR 2003/2004 Recommendations: It was moved by Thomas, seconded by Daver[, 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: No. RESOLUTION NO. 03-87 -- A RF_SOLUTION OF THE CITY COUNCIL OF THE CITY OF 7USTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 2003-2004 IN ACCORDANCE WITH ARTICLE ×IIIB OF THE CONSTITUTION OF THE STATE OF (;ALIFORNIA, AND SECTION 7910 OF THE GOVERNMF,i'4'F CODE Minutes -- City Council July 7, 2003 - Page 5 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 Counoilmember Bone Councilmember o Thomas Mayor Pro Tern o Kawashima Mayor Worley 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 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-- MayorWorley 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. T-RACY V~LLS WORLEY, MAYOR / PAMELA STOKER, CITY CLERK Minutes - City Council July 7, 2003 -- Page 6