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HomeMy WebLinkAboutCC MINUTES 2005 03 21 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA MARCH 21, 2005 CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Mayor Lou Bone, Mayor Pro Tern Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: PUBLIC INPUT - None CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Reuse Plan Disposal Parcels 10, 11 & 12 at Tustin Legacy. City Neqotiators: Christine Shingleton, Assistant City Manager and Arny Freilich, Special Legal Counsel. Neqotiators for Vestar/Kirnco: 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. 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 C. City Council Meeting Minutes March 21,2005 Page 1 of 8 ----,----- - --- PUBLIC MEETING CALL TO ORDER - 7:05 P.M. INVOCATION - Pastor Fred Snyder, Grace Harbor Church PLEDGE OF ALLEGIANCE - Mayor Pro Tem Davert NATIONAL ANTHEM - Christiana Molina, Miss Tustin 2005 ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, City Manager and Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: INTRODUCTION - Miss Tustin 2005 and her Court Miss Tustin 2005, Christiana Elyse Molina 1st Princess, Vanessa Len Cedeno PROCLAMATION - presented by Mayor Bone to Christiana Elyse Molina, Miss Tustin 2005 CLOSED SESSION REPORT - City Attorney Jeffries reported that the City Council took action to deny the Claim of Paul Wasserman (Claim No. 04-29) and Claim of Deborah Meyer (Claim No, 05-03). Motion carried 5-0. FIRST PUBLIC INPUT - Club Live Leaders from Currie Middle School presented the City Council with t-shirts and thanked them for support and trash cans at school. Greg Taddeo spoke about free speech in the constitution. CONSENT CALENDAR - Agenda Items 6, 16 and 17 were pulled for separate discussion. Mayor Bone recorded an opposition to Agenda Item No.4. It was moved by Mayor Pro Tem Davert, seconded by Council member Hagen, to approve Consent Calendar items 1 through 5, and 7 through 15 as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - REGULAR MEETING OF MARCH 7, 2005 Motion: Approve the Regular City Council Meeting Minutes of March 7, 2005. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $1,067,266.65 and $964,108.40 and Payroll in the amount of $515,638.78. City Council Meeting Minutes March 21, 2005 Page 2 of 8 4. 5. 6. 7. 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. Motion: Ratify the Planning Commission Action Agenda of March 14, 2005. GRAD NIGHT FUNDING - FOOTHILL HIGH SCHOOL Motion: Donate $2,500 to Foothill High School to support Grad Nite Activities. Motion carried 4-1 (Bone opposed). DECLARATION OF SURPLUS PROPERTY Motion: 5,a. Declare the listed equipment surplus and not required for public use. 5.b. Authorize staff to sell/haye auctioned serviceable equipment of yalue and dispose of assets beyond repair. RESOLUTION IN SUPPORT OF ASSEMBLY BILL 991 (DEVORE), MOSQUITO ABATEMENT AND VECTOR CONTROL DISTRICTS Mayor Pro Tern Davert represents City of Tustin on board, discussed an amendment from 5 board members to 7, thanked council for their support. Motion: It was moved by Mayor Pro Tern Davert, seconded by Councilmember Amante, to adopt resolution as amended. 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 SUPPORT ESTABLISHMENT OF THE VICTIM'S BILL OF RIGHTS Motion: 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 Minutes March 21,2005 Page 3 of 8 8. 9. 10. 11. 12. 13. GEM ELECTRIC VEHICLE DONATION Motion: 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 OCTA/SCRRA RAILWAY/EDINGER AVENUE (CIP NO. 7175) Motion: 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 OCTA/SCRRA 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. Motion: Receive and file. AUTHORIZATION FOR THE STATE TO PURCHASE ONE DODGE 2500 PICKUP TRUCK WITH ACCESSORIES Motion: 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 Motion: 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 8 City Council Meeting Minutes Motion: 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 Motion: That the City Council take a position supporting AB1248 (Umberg). 15. PROPERTY TAX EXCHANGE RESOLUTION FOR ANNEXATION NO. 159 Motion: 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 Assistant City Manager, Christine Shingleton spoke regarding final modifications related to CCR's. Motion: It was moved by Mayor Pro Tern Davert, seconded by Councilmember Hagen, to 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 City Council Meeting Minutes March 21, 2005 Page 5 of 8 17. AMENDMENT NO.1 TO TUSTIN LEGACY DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 04-02 AND APPROVAL OF AN INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT Assistant City Manager, Christine Shingleton spoke regarding modifications to DDA amendment, was being reviewed by special counsel. Motion: It was moved by Mayor Pro Tern Davert, seconded by Councilmember Hagen, to: 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 haye 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. BUSINESS CALENDAR 18. CITY COUNCIL SALARY ADJUSTMENT Motion: It was moved by Council member Hagen, seconded by Councilmember Kawashima, to introduce and have first reading by title only of Ordinance No. 1298. Motion carried 5-0. 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 City Council Meeting Minutes March 21,2005 Page 6 of 8 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 In December of 2004, the California Integrated Waste Management Board (CIWMB) granted a time extension to the City to comply with state waste diyersion 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. Public Works Director/City Engineeer Serlet presented staff report to Council. Don Shubin, President of Federal Disposal Services, Inc. concurred with City staff. Motion: It was moved by Councilmember Hagen, seconded by Mayor Pro Tern Davert to: 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. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: Presented Tustin High School Orchestra with Resolutions from Assemblymen Deyore & Spitzer, congratulated everyone on upcoming Carnegie Hall performance; Thanked Tustin Ranch Elementary School for his participation as Principal for a Day; . Announced Easter Egg Hunt on Saturday, invited everyone to attend; and Wished everyone a happy Easter. City Council Meeting Minutes March 21,2005 Page 7 of 8 Councilmember Kawashima: Privileged to be Principal for a Day at Peter's Canyon Elementary school; Best wishes to 8th graders traveling to Washington, DC for a study on nation's history; Discussed recycling as a team effort, encouraged everyone to participate; and Invited eyeryone to attend Easter Egg Hunt. Councilmember Hagen: Mentioned newspaper articles on Hangars at base, no commitments have been made to any particular group however at least one of the hangars would be retained; Participated in Principal for a Day at Ladera Elementary School; and Transportation Corridor Agency's proposal to help San Joaquin Toll Road was recently rejected, were looking at other ways to help. Mayor Pro Tern Davert: Commented on articles on base hangars, there was a process to choose a developer, nothing confirmed yet; Took part in Principal for a Day at Pioneer Middle School; Congratulated new and returning commissioners to the Planning and Parks and Recreation Commissions; Would be attending Tustin High School Orchestra's performance at Carnegie Hall; and Mentioned the passing of Greg Essler. Mayor Bone: Participated as Principal for a Day at Beswick Elementary School; Met with City of Irvine officials, toured MCAS Tustin, discussed Harvard railroad crossing quiet zone; Congratulated Mayor Pro Tern Davert on his election to Orange County Cal ID Remote Access Board; Congratulated Goldie Nannes recent election to Orange County Senior Citizen's Advisory Council; Appointed to represent Southern California Association of Government's committee, Losans Joint Power Authority; and Easter Bunny is back, invited everyone to attend Easter Egg Hunt on Saturday. ADJOURNMENT - 7:57 p.m. - The next regular meeting of the City Council was scheduled for Monday, April 4, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. I).. In Memory of Paul J. Murphy -,fi~ ~~ LOU BONE,' PA ELA STOKER, Mayor City Clerk City Council Meeting Minutes March 21,2005 Page 8 of 8