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Home My WebLink About00 AGENDA 03-21-05 CITY OF TUSTIN REGULAR MEETING OF THE CITY COUNCIL MARCH 21, 2005 COUNCIL CHAMBER 300 CENTENNIAL WAY, TUSTIN Doug Davert, Mayor Pro Tem Jerry Amante, Councilmember Tracy Worley Hagen, Councilmember Tony Kawashima, Councilmember Lou Bone, Mayor William A. Huston, City Manager Lois Jeffrey, City Attorney Pamela Stoker, City Clerk George Jeffries, City Treasurer CLOSED SESSION 5:30 p.m. The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The following items were received for the March 21, 2005 meeting of the City Council. (Agenda Items A through C). CALL TO ORDER ATTENDANCE PUBLIC INPUT - Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956,8 Propertv: Reuse Plan Disposal Parcels 10, 11 & 12 at Tustin Legacy, City Neqotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel. Neqotiators for Vestar/Kimco: Rick Kuhl. Under Neqotiation: Price and Terms of Payment. B, CONFERENCE WITH CITY ATTORNEY REGARDING INITIATION OF LITIGATION - The City Council shall confer with the City Attorney regarding the potential initiation of litigation, pursuant to subdivision (c) of Government Code Section 54956.9, one (1) case. City Council Meeting Agenda March 21,2005 Page 1 of? C, CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION - Significant Exposure to Litigation pursuant to subdivision (b) of Government Code Section 54956,9; two (2) cases, Claim of Paul Wasserman (Claim No. 04-29) and Claim of Deborah Meyer (Claim No. 05-03). The claims may be reviewed in the City Clerk's Office PUBLIC MEETING 7:00 P.M. "'-..... ....'" CALL TO ORDER INVOCATION - Pastor Fred Snyder, Grace Harbor Church PLEDGE OF ALLEGIANCE - Francine Scinto, Board Member, Tustin Unified School District NATIONAL ANTHEM - Christiana Molina, Miss Tustin 2005 ROLL CALL - City Clerk Pamela Stoker INTRODUCTION - Miss Tustin 2005 and her Court . Miss Tustin 2005, Christiana Elyse Molina 1 51 Princess, Vanessa Len Cedeno . 2nd Princess, Kelli Marie Alexander PROCLAMATION - presented by Mayor Bone to Christiana Elyse Molina, Miss Tustin 2005 CLOSED SESSION REPORT FIRST PUBLIC INPUT CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 1 through 17). 1. APPROVAL OF MINUTES - REGULAR MEETING OF MARCH 7, 2005 Recommendation: Approve the Regular City Council Meeting Minutes of March 7, 2005, City Council Meeting Agenda March 21,2005 Page 2 of 7 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amounts of $1,067,266.65 and $964,108.40 and Payroll in the amount of $515,638.78. 3, PLANNING ACTION AGENDA - MARCH 14,2005 All actions of the Planning Commission become final unless appealed by the City Councilor member of the public. Recommendation: Ratify the Planning Commission Action Agenda of March 14, 2005. 4. GRAD NIGHT FUNDING - FOOTHILL HIGH SCHOOL Recommendation: Donate $2,500 to Foothill High School to support Grad Nite Activities, 5. DECLARATION OF SURPLUS PROPERTY Recommendations: 5,a, Declare the listed equipment surplus and not required for public use, 5.b. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 6. RESOLUTION IN SUPPORT OF ASSEMBLY BILL 991 (DEVORE), MOSQUITO ABATEMENT AND VECTOR CONTROL DISTRICTS Recommendation: Adopt resolution. RESOLUTION NO. 05-51 - A resolution of the City Council of the City of Tustin, California, supporting Assembly Bill 991 (Devore) to amend Sections 2021 and 2022 of the Health and Safety Code, related to Mosquito Abatement and Vector Control Districts 7. SUPPORT ESTABLISHMENT OF THE VICTIM'S BILL OF RIGHTS Recommendation: Adopt resolution. RESOLUTION NO, 05-50 - A resolution of the City Council of the City of Tustin, California, supporting the establishment of a Victim's Bill of Rights City Council Meeting Agenda March 21,2005 Page 3 of 7 8. 9. 10. 11. 12. 13. GEM ELECTRIC VEHICLE DONATION Recommendation: Accept the donation of the GEM vehicle and add to the Police Department's fleet. CONSULTANT SERVICES AGREEMENT FOR PRELIMINARY ENGINEERING AND PLANNING FOR RED HILL AVENUE GRADE SEPARATION AT OCTAlSCRRA RAILWAY/EDINGER AVENUE (CIP NO, 7175) Recommendation: Approve a Consultant Services Agreement with the firm of Moffatt & Nichol to provide preliminary engineering and planning services for the Red Hill Avenue Grade Separation at OCTAlSCRRA Railway/Edinger Avenue (CIP No. 7175) in the not to exceed amount of $379,908.00, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. SURPLUS EQUIPMENT SALES REPORT Notice of the sale of surplus equipment at public auction in accordance with Section 1626 of the Tustin Municipal Code. Recommendation: Receive and file, AUTHORIZATION FOR THE STATE TO PURCHASE ONE DODGE 2500 PICKUP TRUCK WITH ACCESSORIES Recommendation: Adopt resolution. RESOLUTION NO, 05-47 - A resolution of the City Council of the City of Tustin, California authorizing the Department of General Services of the State of California to purchase certain items MEMORANDUM OF UNDERSTANDING FOR NEW FIRE STATION AT TUSTIN LEGACY Recommendation: Authorize the City Manager to execute the attached Memorandum of Understanding (MOU) by and between the City of Tustin and the Orange County Fire Authority (OCFA) for a new fire station at Tustin Legacy, subject to any minor, non-substantive changes as may be necessary as determined by the City Attorney based on proposed action by the OCFA Board. FINDING OF BENEFIT FOR EXPENDITURE OF HOUSING SET ASIDE FUNDS OUTSIDE THE SOUTH CENTRAL AND TOWN CENTER REDEVELOPMENT PROJECT AREAS March 21,2005 Page 4 of 7 City Council Meeting Agenda Recommendation: Adopt resolutions. RESOLUTION NO, 05-48 - A resolution of the City Council of the City of Tustin, California, finding and determining that the use of monies from the Low and Moderate Income Housing Fund outside the boundaries of the South Central Redevelopment Project Area, will benefit the project area and authorizing the expenditure of such funds RESOLUTION NO. 05-49 - A resolution of the City Council of the City of Tustin, California, finding and determining that the use of monies from the Low and Moderate Income Housing Fund outside the boundaries of the Town Center Redevelopment Project Area, will benefit the project area and authorizing the expenditure of such funds 14, LEGISLATIVE REPORT -ASSEMBLY BILL 1248 (UMBERG), BOOKING FEES Recommendation: That the City Council take a position supporting AB1248 (Umberg), 15. PROPERTY TAX EXCHANGE RESOLUTION FOR ANNEXATION NO, 159 Recommendation: Adopt resolution. RESOLUTION NO, 05-52 - A resolution of the City Council of the City of Tustin approving a property tax exchange rate of 100 percent from the City of Irvine to the City of Tustin for the proposed annexation of Marine Corps Air Station (MCAS) Tustin Reuse Plan Disposition Parcel 36, identified as Annexation No. 159 16. FINAL TRACT MAP 16695 Recommendation: Adopt resolution, RESOLUTION NO. 05-28 - A resolution of the City Council of the City of Tustin approving Final Tract Map 16695 to subdivide approximately 111.77 gross acres into twenty-nine (29) numbered lots and fifteen (15) lettered lots for the purpose of developing 1,006,100 square feet of commercial uses within Planning Areas 16, 17, and 19 of the MCAS- Tustin Specific Plan 17, AMENDMENT NO, 1 TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 04-02 AND APPROVAL OF AN INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT City Council Meeting Agenda March 21,2005 Page 5 of 7 Recommendations: 17,a. Adopt resolution. RESOLUTION NO. 05-53 - A resolution of the City Council of the City of Tustin, California, finding that pursuant to Public Resources Code Section 2116 and Section 15168(c) of State CEQA Guidelines the project is within the scope of the final joint program MCAS Environmental Impact Statement/Environmental Impact Report (MCAS Tustin FEIS/EIR) and no new environmental document is required; applicable mitigation measures have been incorporated into the project or will be conditions of approval on pending entitlement applications 17.b. Subject to any non-substantive modifications as may be determined necessary by the City's Tustin Legacy Special Counsel, approve and authorize the City Manager, or designee to execute the First Amendment to DDA 04-02 between the City of Tustin and Vestar/Kimco Tustin, L.P. (the "Developer"), and to carry out all actions necessary to implement the amendment including execution of all related comments, 17,c, Subject to any non-substantive modifications as may be determined necessary by the City's Tustin Legacy Special Counsel, approve and authorize the City Manager, or designee to execute an Infrastructure Construction and Payment Agreement between the City of Tustin and the Developer and to carry out all actions necessary to implement the Agreement. REGULAR BUSINESS Matters listed on the Regular Business are generally proposals for new legislation or items requiring discussion. (Agenda Items 18 and 19). 18. CITY COUNCIL SALARY ADJUSTMENT Recommendation: Introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1298 - An ordinance of the City Council of the City of Tustin, California, approving a salary adjustment for members of the City Council, to be applicable upon the start of new terms of office in November 2006 19. APPROVAL OF 1) A DIVERSION SERVICES AGREEMENT WITH FEDERAL DISPOSAL SERVICES, INC, AND, 2) A RATE ADJUSTMENT FOR COMMERCIAL SOLID WASTE SERVICE, AND, 3) AMENDMENT NO.2 TO THE SOLID WASTE MANAGEMENT SERVICES FRANCHISE AGREEMENT City Council Meeting Agenda March 21, 2005 Page 6 of 7 In December of 2004, the California Integrated Waste Management Board (CIWMB) granted a time extension to the City to comply with state waste diversion requirements. The City agreed to a "Plan of Correction" to implement certain programs by the end of 2005 to improve the City's solid waste diversion rate. The City has received a cost proposal from Federal Disposal Service, Inc., the City's Solid Waste Franchisee, to immediately implement the required programs. The proposed cost of the new programs is $977,403 and will require a rate increase for all commercial customers. In addition, staff is recommending approval of an amendment to the Franchise Agreement to implement an offer by Federal Disposal Service to forego a request for a PPI rate adjustment in 2005. Recommendations: 19.a. Approve the Diversion Services Agreement with Federal Disposal Service, Inc,; 19.b. Approve a rate increase for all commercial customers; and 19.c. Approve Amendment No.2 to the Solid Waste Management Services Franchise Agreement with Federal Disposal Service, Inc. SECOND PUBLIC INPUT - Refer to First Public Input for information. 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, April 4, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Agenda March 21,2005 Page 7 of 7