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Home My WebLink AboutCC MINUTES 1998 08 17 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 17, 1998 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATiON The meeting was called to order by Mayor Saltarelli at 7:07 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Ports. The Invocation was given by Councilmember Thomas. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle 3im Ports .]effery M. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager 3ohn Cavanaugh, Assistant City Attorney Christine Shingleton, Assistant City Manager George 3effries, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Com. Development Valerie Crabill, Chief Deputy City Clerk Dan Fox, Senior Planner Doug Anderson, Senior Project Manager Brad Evanson, Assistant Planner Robert Schoenkopf, Police Captain Dave Gottlieb, Senior Project Manager Sam-Altowaiji, Acting Field Services Manager Approximately 90 in the audience PROCLAMATIONS STATE CHAMPION NATIONAL SENIOR OLYMPIC VOLLEYBALL TEAM Mayor Saltarelli read and presented a proclamation to the Senior Olympic Volleyball team: AI Barta, AI Brown, Neale Davis, 3im Godfrey, Gale Kinell, Erno Ross, and Harold Shiffer for winning the National Senior Olympic Volleyball State Championship. A team member remarked on the hard work involved in reaching the state championship and said the team would be the sole California representative in the national finals. Council/speaker discussion followed regarding the playing age category was 55 years and older. Mayor Saltarelli and Mayor Pro Tem Worley wished the team luck in the national finals. PACiFiC BELL COMMUNITY RECOGNiTiON (Not presented) PRESENTATION MOTHERS AGAINST DRUNK DRIVERS (MADD) RECOGNITION OF POLICE OFFICERS MARK BLACK AND BOB WRIGHT Barbara Taylor and Bill Nessen, IvlADD Orange County Chapter, explained that each year IvlADD recognized top officers of each police department who arrested 25-50, 50-75, or 75- 100 drunk drivers during a one year period. Awards were presented to! Officer Mark Black CITY COUNCIL MINUTES Page 2, 8-17-98 who arrested 27 drunk drivers, and Officer Bob Wright who arrested 39 drunk drivers. Officer Bob Wright thanked MADD for the recognition. Mayor Saltarelli thanked MADD for honoring the police officers; noted the Council's pride in the officers' work; the necessity to fight drunk driving; and he congratulated Officers Black and Wright for receiving the awards. PUBLIC INPUT- None PUBLIC HEARING ( ITEMS 1 THROUGH 3 ) APPEAL OF CONDITIONAL USE PERHIT 97-028 AND DESIGN REVIEW 97-036 (APPLICANT: MASROOR BATLA, BATLA FOOD GROUP) Dan Fox, Senior Planner, reported that the applicant was proposing to demolish a vacant bank building and construct a 4,000 square foot Burger King restaurant in the Ralphs shopping center at Walnut and Red Hill Avenues; the facility would contain a drive-thru service, indoor play land, and approximately 99 seats; on July 13, 1998, the Planning Commission approved the project; Council appealed the item at their July 20, 1998 meeting; the applicant had been working with the adjacent residents to address their concerns; and residents in the area were primarily concerned about noise, odor, trespassing, traffic safety, and decline in property values. Elizabeth Binsack, Community Development Director, stated staff had received six letters from residents in opposition to the project subsequent to agenda distribution. Council/staff discussion followed regarding the drive-thru circulation; speaker board placement; and limitations on hours of operation and deliveries. Nayor Saltarelli opened the Public Hearing at 7:28 p.m. The following members of the audience spoke in opposition to Conditional Use Permit 97- 028 and Design Review 97-036 and presented Council with project graphics/hand outs: Ken Henderson, Tustin Green Homeowners Association Kristi Henderson, 14645 Red Hill Avenue, Tustin Sue Ann Honey, 14625 Red Hill Avenue, Tustin Vicki Manley, 1465:1 Red Hill Avenue, Tustin Janis Eason, :1462:1 Red Hill Avenue, Tustin Aly Rousey, :14625 Red Hill Avenue, Tustin Don Crowl, :14632 Westfall Road, Tustin (read letter signed by Tustin Meadows homeowners) ]ames Campbell, 1425 Sycamore Avenue, Tustin Debora Compean, :1034 W. Maple Avenue, Orange The following member of the audience spoke regarding the need to revitalize the Ralphs Center and in favor of Conditional Use Permit 97-028 and Design Review 97-036: Matt Nisson, :14462 Red Hill Avenue, Tustin Mayor Saltarelli recessed the meeting at 8::12 p.m. The meeting reconvened at 8:29 p.m. The following member of the audience requested to continue this item in order to review materials submitted by the speakers: Coralee Newman, Government Solutions (applicant) Tt was moved by Thomas, seconded by Doyle, to continue this item to the September 8, :1998 Council meeting. Motion carried 5-0. 610-40 CITY COUNCIL MINUTES Page 3, 8-17-98 2. PLACING ASSESSMENTS FOR SOLID WASTE COLLECTION ON THE 1998-99 TAX ROLL Mayor Saltarelli reported this item was the second of two public hearings required to place the proposed trash fees on the 1998/99 tax roll, and proposed rates for residential units were $12.54 per month, a 3% increase from last year. Mayor Saltarelli opened the Public Hearing at 8:35 p.m. There were no speakers on the ,... subject and the Public Hearing was closed. Council/staff discussion followed regarding commercial rates had been increased 3% from last years rate. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 98- 72 placing assessments for solid waste collection on the tax roll for fiscal year 1998-99: RESOLUTION NO, 98-72 - 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 AND 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 Motion carried 5-0. 830-50 3, TENTATIVE PARCEL MAP 98-161 (APPLICANT: DEBEIKES INVESTMENT COMPANY) Dan Fox, Senior Planner, reported the applicant was proposing to subdivide the subject "' property into two parcels for conveyance purposes only; parcel one would replace the ; j existing 56 apartment units; parcel 2 would include substantial renovation to the 7,200 - square foot commercial buildings presently on the site; and the Planning Commission had recommended approval of the parcel map. Mayor Saltarelli opened the Public Hearing at 8:38 p.m. The following member of the audience spoke in favor of approving Tentative Parcel Map 98-161: Bob McClaire, Warmington Homes There were no other speakers on the subject and the Public Hearing was closed at 8:39 p.m. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 98- 75 approving Tentative Parcel Map 98-161: RESOLUTION NO. 98-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 98-161 FOR CONVEYANCE PURPOSES ONLY LOCATED AT 715-765 EL CAMINO REAL AND 120-250 SIXTH STREET Motion carried 5-0. 600-45 CONSENT CALENDAR (ITEMS 4 THROUGH 14 ) Items No. 6 and 12 were removed from the Consent Calendar at the request of Mayor Pro Tem Worley. It was moved by Thomas, seconded by Pott% to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5.0. 4. APPROVAL OF MINUTES - AUGUST 3, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 3, 1998. CITY COUNCIL MINUTES Page 4, 8-17-98 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,169,310.50 and-ratify Payroll in the amount of $376,630.56. 380-l0 360-82 7. AMENDMENT TO THE 1997-98 AGREEMENT FOR SENIOR TRANSPORTATION SERVICES - ORANGE COUNTY TRANSPORTATION AUTHORITY Recommendation: Authorize the Director of Parks and Recreation Services to execute subject Amendment to the Agreement between the Orange County Transportation Authority and the City of Tustin extending the expiration date to August 31, 1998 as recommended by Parks and Recreation Services. 400-70 8. RESOLUTION NO. 98-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETlON FOR ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, FY 1997-98 (PROJECT NO. 4020-6235) Recommendation: Adopt Resolution No. 98-76 accepting said work as complete and authorize the recordation of the Notice of Completion and direct the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 13733 (MIRAMONTE) Recommendation: Accept all public improvements within Tract No. 13733 and authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 111-2721-9183, $64,262.00; Labor and Materials Bond No. 111-2721-9183, $32,131.00; and Monumentation Bond No. 111.2721-9191, $12,000.00 as recommended by the Public Works Department/Engineering Division. 600-70 10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 14914 (NEWPORT CAMINO PLAZA) Recommendation: Accept all public improvements within Tract No. 14914 and authorize release of the following bonds for the indicated amounts: Faithful Performance Bond No. 3SM-806-948-00, $12,000.00; Labor and Materials Bond No. 3SM-806-948-00, $6,000.00; and Monumentation Bond No. 3SM-806-951-00, $1,375.00 as recommended by the Public Works Department/Engineering Division. 600-70 11. PLANNING COMMISSION ACTION AGENDA - August 10, 1998 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 August 10, 1998. 120-50 13. POLICE DEPARTMENT COMMAND POST/SUBSTATION Recommendation: Authorize the Police Department to enter into a contract with The Mattman Company, Specialty Vehicles Division, for purchase of a Mobile Command Post in the amount of $179,600 plus tax as recommended by the Police Department. 400-10 14. LOAN AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Recommendation: Approve the loan between the City of Tustin and the Tustin Community Redevelopment Agency as recommended by the Finance Department. 400-l0 CONSENT CALENDAR 1TEM NO. 6 - AWARD OF BID FOR FRONTIER PARK/PINE TREE PARK RESTROOM REHABILITATION (PROJECT NOS. 200030/400034) AND FINDING OF BENEFIT FOR FRONTIER PARK Mayor Pro Tem Worley stated she was pleased the restrooms at Frontier Park were being renovated; commented on the number of youth utilizing the amphitheater for skateboarding; requested staff research the cost for retrofitting the amphitheater site for skateboard use; and questioned why the handball court lights had been removed. William Huston, City Manager, responded that staff reports addressing those issues would be presented at a future Council meeting. CITY COUNCIL MINUTES Page 5, 8-17-98 It was moved by Worley, seconded by Thomas, to (1) Award a contract for the construction of Frontier Park/Pine Tree Park Restrooms, Project Nos. 200030/400034, to Big Ben Construction Company of Santa Ana in the amount not-to-exceed $238,500.00 subject to approval of the contract requirements by the City Attorney and execution by the City Manager, and (2) Adopt the following Resolution No. 98-73 making a finding of benefit to authorize the City Council to utilize South Central Tax Increment Funds outside of the project area for the purpose of making improvements to Frontier Park at 1400 Mitchell Avenue: RESOLUTION NO. 98-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM THE SOUTH CENTRAL PROJECT AREA FOR THE PURPOSE OF THE FRONTIER PARK RESTROOM RENOVATION AT 1400 MITCHELL AVENUE WILL BE OF BENEFIT TO THE PROJECT AREA Motion carried 5-0. 920-30 920-70 CONSENT CALENDAR ITEM NO. 12- PROGRESS REPORT: CEDAR GROVE PARK AND HERITAGE PARK (PROJECT NOS. 400041 AND 400042) Mayor Pro Tem Worley questioned when the grass areas would be open at Cedar Grove Park and the projected opening date of Heritage Park. Pat Sanchez, Parks and Recreation Services Director, responded the grass areas would be open on September 1, 1998, at Cedar Grove Park and Heritage Park was tentatively scheduled to open on October 31, 1998. Council/staff discussion followed regarding the parks' grass maintenance period; hardscape areas would be operational; completing the parks' punchlists; and removing Cedar Grove Park's fences as soon as possible. It was moved by Thomas, seconded by Worley, to receive and file subject report. Motion carried 5-0. 920-65 920-35 REGULAR BUSINESS ( ITEMS 15 THROUGH 16 ) 15. MCAS-TUSTIN MARKETING STRATEGY Christine Shingleton, Assistant City Manager, suggested Council consider future marketing and promotional events when selecting a name for the site. Councilmember Thomas commented on the letters published in the newspaper from citizens offering name choices; remarked on the exclusive Legacy Park in Texas; the project site was a legacy to the City; focusing on the blimp hangars would limit marketing strategies; the desire to attract world class people to the project; and he supported Tustin Legacy as the project name. Mayor Pro Tem Worley remarked on public input regarding the name selection; said she favored Tustin Landing as the name; noted public opposition to Tustin Landing because the name suggested a water connotation; and said Tustin Legacy was acceptable but preferred Tustin Landing. Councilmember Doyle stated his wish to incorporate LTA (Lighter Than Air) into the name; preferred Tustin Legacy from the recommended names; and commended the citizens who submitted various name choices. Councilmember Potts said his original choice had been Tustin Landmark; people would be attracted to the site because of what was there, not the name; stated he would support Tustin Legacy as the name; and requested a veterans memorial be established at one of the blimp hangars. Mayor Saltarelli stated he preferred Tustin Landing but he would support Tustin Legacy as the project name. CITY COUNCIL MINUTES Page 6, 8-17-98 It was moved by Thomas, seconded by Ports, to select Tustin Legacy as the marketing name for the MCAS-Tustin project. Motion carried 5-0. 150-50 Mayor Saltarelli voiced his support in honoring veterans with a memoria~ at the site. 16. CITY OF TUSTIN LIMITED OBLIGATION IMPROVEMENT BONDS~ REASSESSMENT DISTRICT NO. 95-1 Mayor Saltarelli reported that in February 1996, Council approved the formation of the Tustin Public Financing Authority to facilitate reorganization of Assessment Districts 85-1 and 86-2. It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No. 98-77 making changes in the !amounts of certain assessments in the City of Tustin Reassessment District No. 95-2 (Tustin Ranch) and modifying the Reassessment Report, therefore approving the Second Supplemental Reassessment Report: RESOLUTION NO. 98-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING CHANGES IN THE AMOUNTS OF CERTAIN ASSESSMENTS IN THE CITY OF TUSTIN REASSESSMENT DISTRICT NO. 95-2 (TUSTIN RANCH) AND MODIFYING THE REASSESSMENT REPORT THEREFOR Motion carried 5-0. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 98- 74 authorizing the issuance of not to exceed $4,195,000 aggregate principal amount of City of Tustin Limited Obligation Improvement Bonds, Reassessment District No. 95-1 (Tustin Ranch), Fixed Rate Bonds, Group Two, approving the execution and delivery of a Third Supplemental Fiscal Agent Agreement, a Bond Purchase Agreement and a Continuing Disclosure Agreement (Series C), and the preparation of an Official Statement and other matters related thereto, approving forms of the Third Supplemental Fiscal Agent Agreement, Bond Purchase Agreement for City Bonds, Continuing Disclosure Agreement (Series C) and a Preliminary Official Statement: RESOLUTION NO. 98-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,195,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF TUSTIN LIMITED OBLIGATION IMPROVEMENT BONDS REASSESSMENT DISTRICT NO. 95-2 (TUSTIN RANCH), FIXED RATE BONDS, GROUP TWO, APPROVING THE EXECUTION AND DELIVERY OF A THIRD SUPPLEMENTAL FISCAL AGENT AGREEMENT, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT (SERIES C) AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO Motion carried 5-0. 340-25 Mayor Saltarelli recessed the meeting to the Tustin Public Financing Authority meeting at 8:53 p.m. The meeting reconvened at 8:53 p.m. PUBLIC INPUT - None OTHER BUSINESS/COMMITTEE REPORTS COMMENDATION - STAFF Councilmember Doyle commended staff for the excellent condition of City streets; and he commended the Police Department for assistance given to a Mountain View Drive resident. Mayor Saltarelli commended the Parks and Recreation Services Director for an informative walk-thru on construction progress at Heritage Park. CITY COUNCIL MINUTES Page 7, 8-17-98 CONCERTS IN THE PARK Mayor Pro Tem Worley encouraged everyone to attend the Wednesday night Concerts in the Park. POLICE DEPARTMENT Mayor Pro Tem Worley stated she had witnessed a Tustin police officer sensitively handling a situation with a four year old boy. RACE FOR THE CURE PROCLAMATION Councilmember-Ports requested a proclamation for the Race for the Cure event on September 27, 1998. MCAS EL TORO COMMISSARY Councilmember Potts commended George Simon for his efforts to preserve the commissary at MCAS El Toro and requested a Mayoral letter of support be forwarded to the Orange County Board of Supervisors. Mayor Saltarelli and Councilmember Thomas expressed the importance of preserving the commissary for local military retirees. TRANSPORTATION CORRIDOR OPENING Councilmember Ports reported that staff was preparing a status report on the early opening of the Transportation Corridor. NELSON ELEMENTARY SCHOOL CROSSWALK Councilmember Thomas expressed concern with motorists violating crosswalk regulations at Nelson Elementary School and requested the Police Department patrol the area and issue citations. HEALTH AND NUTRITION WORKSHOP Mayor Saltarelli reported on his attendance at the Youth Center Awards ceremony for conclusion of a two week workshop on health and nutrition, and commended staff for their dedication to the program. CLOSED SESSION Mayor Saltarelli announced that the City Council would convene in closed session to confer with their negotiators regarding the terms and conditions of real property acquisition pursuant to Government Code Section 54956.8, the real property and pertinent facts are: MCAS Tustin electrical system, the parties are City of Tustin and United States Government. ADJOURNMENT Mayor Saltarelli adjourned the meeting at 9:03 p.m. The next regular meeting of the City Council was scheduled for Tuesday, September 8, 1998, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. THOMAS RyS~LTARELLI, MAYOR PAMELA STOKEP~ CITY CLERK MINUTES SPECIAL MEETING OF THE TUSTIN PUBLIC FINANCING AUTHORITY CITY OF TUSTIN~ CALIFORNIA AUGUST 17~ 1998 CALL TO ORDER The meeting was called to order by Chair Saltarelli at 8:53 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. ROLL CALL Members Present: Thomas R. Saltarelli, Chair Tracy Wills Worley, Chair Pro Tem Mike Doyle 3im Ports 3effery M. Thomas Members Absent: None Recording Secretary: Pamela Stoker Others Present: William A. Huston, Executive Director 3ohn Cavanaugh, Assistant City Attorney Christine Shingleton, Assistant Executive Director George 3effries, City Treasurer Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Community Development Valerie Crabill, Chief Deputy City Clerk Dan Fox, Senior Planner Doug Anderson, Senior Project Manager Brad Evanson, Assistant Planner Robert Schoenkopf, Police Captain Dave Gottlieb, Senior Project Manager :~ Sam Altowaiji, Acting Field Services Manager Approximately 15 in the audience REGULAR BUSINESS ( ITEM 1 ) 1. TUSTIN PUBLIC FINANCING AUTHORITY REVENUE BONDS (TUSTIN RANCH) SERIES C It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No. TPFA 98-1 of the Tustin Public Financing Authority authorizing the issuance of not to exceed $4,195,000 aggregate principal amount of Tustin Public Financing Authority Bonds CTustin Ranch), Series C, approving the execution and delivery of a Second Supplemental Indenture of Trust and Bond Purchase Agreements, and preparation of an Official Statement and other matters related thereto; approving forms of the Second Supplemental Indenture of Trust, Bond Purchase Agreement for City Bonds, Bond Purchase Agreement for Authority Bonds, and the preliminary Official Statement: RESOLUTION NO. TPFA 98-1 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TUSTIN PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $4,195,000 AGGREGATE PRINCIPAL AMOUNT OF TUSTIN PUBLIC FINANCING AUTHORITY REVENUE BONDS (TUSTIN RANCH), SERIES C, APPROVING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL INDENTURE OF TRUST AND BOND PURCHASE AGREEMENTS AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO Motion carried 5-0. 340-25 OTHER BUSINESS - None FINANCING AUTHORITY MINUTES Page 2, 8-17-98 ADJOURNMENT Chair Saltarelli adjourned the meeting at 8:53 p.m. THOMAS R. SAI~TARELLZ, CHAZR PAMELa' ST"~KER, I~.E~OR~)Z'~G SECRETARY