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HomeMy WebLinkAboutCC MINUTES 1996 05 06MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 6, 1996 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. INVOCATION The Invocation was given by Rev. Andrew Bagley, Church of Scientology. ROLL CALL Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Valerie Crabill, Chief Deputy City Clerk Dan Fox, Senior Planner Sara Pashalides, Associate Planner _ Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Approximately 40 in the audience PROCLAMATION FIRE SERVICE RECOGNITION DAY, MAY 11 Mayor Worley read and presented a proclamation to Battalion Chief Ahumada proclaiming May 11, 1996, as Fire Service Recognition Day. Battalion Chief Ahumada accepted the proclamation on behalf of the Orange County Fire Authority; noted Fire Service Recognition Day was started by President Johnson in 1968; the day focused on the many specialized skills and diverse services provided by the Fire Services across the nation; invited the public to visit their local fire station on May 11; and thanked Council and residents for their support. PUBLIC INPUT HISTORICAL WALK - OLD TORN David Bryant, representing the Historical Society, invited the community to participate in the 1996 Historical Walk in old Town on May 11, 1996; presented Council with Historical Tour books; reported a business map for Old Town was forthcoming; and reported on the status of a book being written on Tustin's history. Councilmember Potts requested the City purchase several of the books upon their completion for the library, Council use, and City Hall counter display. REGULAR BUSINESS 17. EXTENSION OF CABLE TELEVISION SERVICE TO TUSTIN GARDENS (Agenda Order) Mayor Worley moved this item out of agenda order. CITY COUNCIL MINUTES Page 2, 5-6-96 Lois Jeffrey, City Attorney, reported that Continental Cablevision had been negotiating with Tustin Gardens' management regarding installation of cable wiring for the complex; the cable industry was undergoing changes because of the pending telecommunications bill which was causing delay in resolving the negotiations; cable company monopolies would cease in the next three to five years; and ongoing negotiations would resolve the installation issue. Councilmember Potts requested that this issue be agendized at every Council meeting until resolution; noted complaints from Tustin Gardens' residents about the lack of cable; Tustin Gardens' owners had offered compromises for cable installation; Continental Cable's concern regarding recouping installation costs; the importance of providing cable services as an entertainment/lifeline for the physically challenged residents of Tustin Gardens; and pledged he would continue to urge resolution of the issue. It was moved by Potts, seconded by Thomas, to agendize the matter at each Council meeting until an agreement between the parties was reached; and to forward a letter from Council to both parties urging settlement of the matter. Councilmember Saltarelli stated that he supported resolution of the matter; however, he was concerned from a liability standpoint about the City taking a position with the property owners or the cable company. He encouraged further negotiations between the parties with the City monitoring the issue. Councilmember Potts noted the injustice to the Tustin Gardens' residents of being without cable service and reiterated the importance of resolution of the matter. Motion carried 5-0. PUBLIC HEARINGS ( ITEMB 1 THROUGH 4 ) 4. APPEAL OF CONDITIONAL USE PERMIT 95-8 AND DESIGN REVIEW 95-23 (WALGREENS PHARMACY) (Agenda Order) Sara Pashalides, Associate Planner, reported this item was continued from the April 15, 1996 Council meeting, to allow staff and the applicant's traffic engineers time to evaluate the appellant's traffic study. She stated that the Planning Commission had approved the drive-thru pharmacy on March 11, 1996; however, Rudolph -Oswald Partners filed an appeal on March 18, 1996. The appeal indicated the proposed project would have a negative impact on surrounding streets due to insufficient parking and congested on -and off-site circulation because of inadequate drive-thru lanes; the validity of the original traffic study; and she summarized the traffic study findings. Mayor Worley opened the public hearing at 7:32 p.m. The following member of the audience spoke in opposition to Conditional Use Permit 95-8 and Design Review 95-23: Mike Adams, Rudolph -Oswald Partners representative The following member of the audience spoke regarding the applicant's traffic study; potential traffic blocking the drive aisle; the proposed drive-thru pharmacy location; and inadequate proposed parking spaces: Jack Greenspan, Linscott, Law & Greenspan, Engineers The following member of the audience spoke in favor of Conditional Use Permit 95-8 and Design Review 95-23: Barry Burnell, T&B Planning Consultants Council/speaker Burnell discussion followed regarding the number of vehicles projected to use the drive-thru pharmacy concurrently; and potential traffic congestion. CITY COUNCIL MINUTES Page 3, 5-6-96 There were no other speakers on the subject and the public hearing was closed at 7:50 p.m. Council/staff discussion followed regarding traffic studies conducted by the applicant and appellant had resulted in the same conclusion; and the Planning Commission's imposed condition of approval for future re-evaluation of the use and implementation of mitigation measures if necessary. Councilmember Saltarelli stated that new information had not been presented to overturn the Planning Commission's approval of the project; both traffic studies submitted were adequate; noted the appellant had a neighboring pharmacy; Council could not base its opinion on the competition factor; and supported the property use. Mayor Worley agreed that the City could not restrict competition; noted the other possible uses for the subject property could create serious traffic congestion; and she supported the conditional use permit for Walgreens Pharmacy. Councilmember Potts stated concern regarding the pharmacy creating traffic congestion at the heavily traveled Newport Avenue and First Street intersection; and questioned whether the City could, in the future, overturn a conditional use permit if traffic congestion at the location became dangerous. Lois Jeffrey, City Attorney, responded that a conditional use permit could be revoked only under certain conditions and if the property owner would not cooperate to rectify a public nuisance condition. It was moved by Saltarelli, seconded by Thomas, to approve the Environmental Determination for the project by adopting the following Resolution No. 96-36: RESOLUTION NO. 96-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 95-8 AND DESIGN REVIEW 95-23 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Saltarelli, seconded by Thomas, to uphold the Planning Commission's action to approve Conditional Use Permit 95-8 and Design Review 95-23 by adopting the following Resolution No. 96-37: RESOLUTION NO. 96-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S ACTION TO APPROVE CONDITIONAL USE PERMIT 95-8 AND DESIGN REVIEW 95-23, AUTHORIZING THE ESTABLISHMENT OF A DRIVE-THRU SERVICE IN CONJUNCTION WITH A PHARMACY LOCATED AT 13342 NEWPORT AVENUE Motion carried 5-0. 1. TENTATIVE TRACT MAP 15055 SOUTHEAST CORNER OF IRVINE BOULEVARD AND TUSTIN RANCH ROAD (IRVINE COMPANY) Councilmember Saltarelli announced he would abstain from voting on this issue and left the dias. Dan Fox, Senior Planner, reported that in November 1995, Council approved zone change amendments to the East Tustin Specific Plan and the Second Amendment to the East Tustin Development Agreement regarding several components for the proposed former high school site. He stated the approval authorized a maximum of 533 units on the property with a variety of residential -use designations of medium -low and medium density; 3.6 acre park located at Heritage Way and Tustin Ranch Road; acquisition of 1.4 acres for park purposes creating a total 5 acre site; and the proposed project was consistent with land use designations, density, and all requirements of the Development Agreement. He stated specific development plans were not proposed; future development or builder CITY COUNCIL, MINUTES Page 4, 5-6-96 level subdivisions would be reviewed and approved by the Planning Commission and Council; and conditions had been included to insure the implementation of the Second Amendment to the Development Agreement, particularly related to the 5 -acre neighborhood park and the $200,000 contribution by the developer for park land development. He noted corrections to Resolution No. 96-51, conditions of approval, as follows: Condition 1.11, "Lots A, B, and I shall be maintained by the Landscape and Lighting District," and Condition 5.1, "Lot 3 shall be a minimum of 3.6 acres and dedicated to the City concurrently with the recordation of Final Map 15055," and stated the applicant was aware and agreed to the modifications to conditions. Council/staff discussion followed regarding deliberation of a land exchange with The Irvine Company to mitigate park land costs; the modification of financing the acquisition and improvement of the park would be explained in Agenda Item No. 22, Financing of Capital Improvement Projects; and Browning Avenue easement value and disposition. Councilmember Potts noted a letter received from a resident who opposed apartments at the subject location; the proposed project was the final phase of apartment construction in the Tustin Ranch area; the apartment project had garages and adequate set backs; and he supported the proposed project. May,-,, Worley opened the public hearing at 8:06 p.m. The following member of the audience spoke in favor of Tentative Tract Map 15055, southeast corner of Irvine Boulevard and Tustin Ranch Road: Mike LeBlanc, The Irvine Company There were no other speakers on the subject and the public hearing was closed at 8:07 p.m. Mayor Pro Tem Thomas clarified that the proposed development was not a new apartment project, but had been previously approved by Council. It was moved by Thomas, seconded by Doyle, to approve the Environmental Determination for the project by adopting the following Resolution No. 96-50: RESOLUTION NO. 96-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 15055 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 4-0, Saltarelli abstained. It was moved by Thomas, seconded by Doyle, to approve Tentative Tract Map 15055 by adopting the following Resolution No. 96-51, modified as follows: Condition 1.11, Lots A, B, and I shall be maintained by the Landscape and Lighting District, Condition 5.1, Lot 3 shall be a minimum of 3.6 acres and dedicated to the City concurrently with the recordation of Final Map 15055: RESOLUTION NO. 96-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 15055 Motion carried 4-0, Saltarelli abstained. 2. GENERAL PLAN AMENDMENT 96-2 AND AMENDMENT TO TENTATIVE TRACT MAP '14022 (BRANDYWINE DEVELOPMENT) Dan Fox, Senior Planner, reported that in 1990, Council approved a 9 -unit condominium development on the subject property; however, constriction never commenced. He said that a new property owner was proposing changes to the site plan including construction of CITY COUNCIL MINUTES Page 5, 5-6-96 single family detached units; private yards; increased setbacks; land use designation allowing a maximum of 15 dwelling units per acre; and the Planning Commission was recommending approval of the project. Council/staff discussion followed regarding front yard setbacks of 20 feet and rear yard setbacks of 25 feet; property drainage; and a 10 foot separation between structures. Mayor Worley opened the public hearing at 8:15 p.m. The following members of the audience spoke in favor of General Plan Amendment 96-2 and Amendment to Tentative Tract Map 14022: Jim Barisic, Brandywine Development Dave Levine, representing the property owner Council/speaker Barisic discussion followed regarding removal of the existing driveway; installation of an Orange County Fire Authority -approved locking gate located at the main access street; conditions of approval; and relocation of the masonry buffer fence. The following member of the audience spoke regarding the proposed locking gate potentially causing vehicle stacking and possible traffic congestion: Michael Mullen, 1200 Wass Street Elizabeth Binsack, Director of Community Development, responded that gated access ways to parking areas were not permitted unless approved by the City and the Orange County Fire Authority. There were no other speakers on the subject and the public hearing was closed at 8:28 p.m. _ Councilmember Saltarelli stated that dwelling units per acre restrictions should be included in future developments; the proposed development would be more attractive with less dwelling units per acre; future projects should include open spaces; and he was opposed to the proposed development's high density. Councilmember Potts stated the development would sell more rapidly if fewer units were constructed and the selling price was reduced; the proposed units may be difficult to sell because of the numerous apartments in the area; he supported the previous _ Council's approval of this project; and favored lower density projects and maximum setbacks. Councilmember Doyle stated he supported lower density projects; the project would be an asset to the area; and he supported the previous Council's decision on this project. Mayor Pro Tem Thomas said he supported the past Council's approval of the project; there would be a buyer's market for the proposed type of homes; and the project would be attractive to first-time homebuyers. It was moved by Thomas, seconded by Saltarelli, to approve the Environmental Determination for the project by adopting the following Resolution No. 96-47: RESOLUTION NO. 96-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 96-2 AND AMENDMENT TO TENTATIVE TRACT 14022 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. Mayor Worley noted that past Council goals had been to encourage home ownership and detached projects; and stated concern about the project's high density. CITY COUNCIL MINUTES Page 6, 5-6-96 It was moved by Thomas, seconded by Saltarelli, to approve General Plan Amendment 96-2 by adopting the following Resolution No. 96- 48: RESOLUTION NO. 96-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 96- 2, TO CHANGE THE LAND USE DESIGNATION FROM "LOW DENSITY RESIDENTIAL" TO "MEDIUM DENSITY RESIDENTIAL" ON THE PROPERTIES LOCATED AT 1062 AND 1082 WASS STREET Motion carried 5-0. It was moved by Thomas seconded by Saltarelli, to approve Amendment to Tentative Tract Map 14022 by adopting the following Resolution No. 96-49: RESOLUTION NO. 96-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO TENTATIVE TRACT MAP 14022 Motion carried 5-0. VESTING TENTATIVE TRACT MAP 15292, PIONEER ROAD NEAR THE JAMBOREE ROAD INTERSECTION (GREYSTONE HOMES) Sara Pashalides, Associate Planner, reported the development proposed 65 single-family detached dwellings on two lots originally reserved for a park site and an elementary school site. She stated that because both reserved uses were no longer necessary, the lots could be developed for residential purposes; maximum density permitted by the East Tustin Specific Plan was 10 units per acre; the applicant was proposing 5 dwelling units per acre; noted that should a gated entrance to Pioneer Road be requested in the future by the applicant or homeowners association, a redesign of the project would be necessary to comply with City standards; the Second Amendment to the Development Agreement required a minimum of .18 acres of one lot be dedicated to the City for development of a parking lot for the adjacent park site; the applicant was proposing .22 acres for dedication for parking lot purposes allowing approximately 14 parking spaces; and the Planning Commission recommended approval of the project. Mayor Worley opened the public hearing at 8:39 p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map 15292, Pioneer Road near the Jamboree Road Intersection: Douglas Woodward, Greystone Homes There were no other speakers on the subject and the public hearing was closed at 8:41 p.m. It was moved by Saltarelli, seconded by Thomas, to approve the Environmental Determination for the project by adopting the following Resolution No. 96-45: RESOLUTION NO. 96-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 15292 AND APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Saltarelli, seconded by Thomas, to approve Vesting Tentative Tract Map 15292 by adopting the following Resolution No. 96-46: CITY COUNCIL MINUTES Page 7, 5-6-96 RESOLUTION NO. 96-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 15292 Motion carried 5-0. 4. APPEAL OF CONDITIONAL USE PERMIT 95-8 AND DESIGN REVIEW 95-23 (WALGREENS PHARMACY) See page 2. CONSENT CALENDAR ( ITEMS 5 THROUGH 16 ) Items No. 10, 14, and 16 were removed from the Consent Calendar by Councilmember Saltarelli and Mayor Worley. It was moved by Thomas, seconded by Potts, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 5. APPROVAL OF MINUTES - APRIL 15, 1996 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 15, 1996. 6. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,225,272.14 and ratify Payroll in the amount of $337,686.46. 7. PLANNING COMMISSION ACTION AGENDA - APRIL 22, 1996 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 April 22, 1996. 8. RESOLUTION NO. 96-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 14410 Recommendation: Adopt Resolution No. 96-44 approving Fina -1 Tract Map 14410 as recommended by the Community Development Department 9. RESOLUTION NO. 96-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING IAT LINE ADJUSTMENT NO. 96-1 Recommendation: Adopt Resolution No. 96-43 approving Lot Line Adjustment No. 96-1 as recommended by the Public Works Department/Engineering Division. 11. AUTHORIZATION FOR PHASE II OF WATER CAPITAL IMPROVEMENT PROGRAM MANAGEMENT Recommendation: Authorize Phase II of the Water System Capital - Program Management Services with ASL Consulting Engineers as recommended by the Public Works .Department/Water Services Division. 12. FINAL CDBG ONE-YEAR ACTION PLAN FOR FISCAL YEAR 1996-97 Recommendation: Adopt the Final Community Development Block Grant One -Year Action Plan and authorize its submittal to the U.S. Department of Housing and Urban Development for review and approval as recommended by the Community Development Department. 13. RESOLUTION NO. 96-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE DETERMINATION OF THE RETIREMENT REVIEW BOARD FINDING THE INDUSTRIAL DISABILITY OF RONALD FRAZIER, ORDERING CERTIFICATION TO PERS, AND ORDERING ADVANCE DISABILITY PAYMENTS Recommendation: Adopt Resolution No. 96-42 accepting the determination and findings of the Retirement Review Board that Police Officer Ronald Frazier is disabled and incapacitated within the meaning of Public Employees' Retirement Law for performance of his duties in the position of police officer and that such disability is a result of injury or disease arising out of or in the course of his employment as recommended by Personnel Services. 15. PROFESSIONAL SERVICES AGREEMENT FOR STRUCTURAL ANALYSIS OF THE FOOTHILL, SIMON AND RAWLINGS RESERVOIRS (PROJECT NOS. 600113 h 600114) Recommendation: Authorize the Mayor and City Clerk, subject to final City Attorney approval, to execute subject agreement with CITY COUNCIL MINUTES Page 8, 5-6-96 R2H Engineering, Inc. Structural Engineering Services for the structural analysis of the Foothill, Simon and Rawlings Reservoirs as recommended by the Public Works Department/Engineering Division. CONSENT CALENDAR ITEM NO. 10 - RESOLUTION NO. 96-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1996-97 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Councilmember Saltarelli noted his concern with the rise in Landscape and Lighting District assessments each year and hoped assessments would not increase this year. It was moved by Saltarelli seconded by Thomas, to adopt Resolution No. 96-52 ordering the preparation of an Engineer's Report for the levy of annual assessments for the 1996-97 fiscal year for the Tustin Landscape and Lighting District. Motion carried 5-0. CONSENT CALENDAR ITEM NO. 14 - PROJECT NO. 400037, LAUREL GLEN PARR PLAYGROUND EXPANSION Mayor Worley stated that she was in favor of installing swings that could be utilized by all age groups. Council concurred to receive and file subject report. CONSENT CALENDAR ITEM NO 16 - SEVEN-YEAR WATER SYSTEM CAPITAL IMPROVEMENT PROGRAM Councilmember Saltarelli questioned whether the City was issuing bonds incrementally. William Huston, City Manager, responded that bonds were issued incrementally; Council had previously approved a multi-year $40 million capital improvement project for the water system; the proposed plan examined necessary projects over a 7 -year period; bond financing; and staff would present to Council the next series of bond issue, projects, and water rate impacts at a future meeting. It was moved by Saltarelli seconded by Thomas, to receive and file subject report. Motion carried 5-0. Mayor Worley recessed the meeting at 8:45 p.m. The meeting reconvened at 8:54 p.m. REGULAR BUSINESS ( ITEMS 2.7 THROUGH 23 ) 17. EXTENSION OF CABLE TELEVISION SERVICE TO TUSTIN GARDENS See page 1. 18. NOTICE OF PREPARATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR MARINE CORPS AIR STATION EL TORO Christine Shingleton, Assistant City Manager, reported the County of Orange issued a Notice of Preparation for the MCAS E1 Toro Community Reuse Plan Environmental Impact Report and requested communities respond and identify any areas of concern. She stated that staff had identified a number of concerns and requested Council authorization to forward them to the County. It was moved by Potts, seconded by Thomas, to direct staff to transmit comments regarding community issues and concerns for evaluation within the Environmental Impact Report (EIR) being prepared for Marine Corps Air Station (MCAS) E1 Toro. Motion carried 5-0. CITY COUNCIL MINUTES Page 9, 5-6-96 19. TUSTIN EASTERN LITTLE LEAGUE FUNDING REQUEST Councilmember Potts stated additional time was needed to collect information regarding funding for a little league scoreboard and requested this item be continued. It was moved by Doyle, seconded by Saltarelli, to continue this item to the May 20, 1996 Council meeting. Motion carried 5-0. 20. ORDINANCE NO. 1166, MILITARY BUY BACK OPTION It was moved by Doyle, seconded by Potts, to have second reading by title only of Ordinance No. 1166. Motion carried 5-0. The City Clerk read the following Ordinance No. 1166 by title only: ORDINANCE NO. 1166 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM It was moved by Saltarelli, seconded by Thomas, to adopt Ordinance No. 1166. Motion carried 5-0 (roll call vote). 21. FREEWAY NOISE AND SAFETY Councilmember Potts stated that freeway noise had increased; was pleased with the completed freeway construction; and requested a mayoral letter to Caltrans regarding the lack of a sound -wall at Browning Avenue and the I-5 freeway. He also noted the death of Ryan Watanabe caused by a fall from a freeway location with a 3 - foot high rail; requested a letter be sent to Caltrans to re- examine the safety of 3 -foot high freeway rails; and ascertaining costs for installing an additional 3 -foot high wire fence in areas with 3 -foot high rails. 22. FINANCING OF CAPITAL IMPROVEMENT PROJECTS (800 MHZ SYSTEM, TREE PARK, AND TUSTIN RANCH ROAD/HERITAGE WAY PARK) William Huston, City Manager, reported that Council had _ prioritized completion of the Tree Park, 5 -acre park, and the 800 MHz system, and had authorized preparation of final working drawings on the Tree Park and participation in the 800 MHz Joint Agreement. He summarized the proposed financing of the projects including paying for the Tree Park from the available Park Development Fund; financing the entirety of the 800 MHz system and $1 million of the 5 -acre park through a Countywide Public Financing Authority; the Authority was created to assist several cities in financing their share of the 800 MHz system and City cost was approximately $1.4 million; resources for the 5 -acre park included a $200,000 contribution by The Irvine Company resulting in an approximate $1.5 million financing gap; the Financing Authority offered favorable interest rates; cost effectiveness of the Financing Authority because of interest rates and the issuance cost would be divided among the participating cities; interest rate would be over 10 years allowing accumulation of monies in the Park Development Fund for other projects; debt service for the 800 MHz system and the 5 -acre park would be approximately $322,000; and that borrowing the money from The Irvine Company for the 5 - acre park would create high interest rates and a compressed pay- off period. Council/staff discussion followed regarding the City's purchase of 1.4 acres from The Irvine Company for the 5 -acre park; cost for the acreage was dependent upon property appraisal; and Authority financing structure included non-recourse collateral. CITY COUNCIL MINUTES Page 10, 5-6-96 Mayor Pro Tem Thomas commended staff on the cost effective financing plan which benefited the City. It was moved by Thomas, seconded by Saltarelli, to authorize the City to participate in the Countywide Public Financing Authority ("Authority") for the purpose of financing acquisition of the 800 MHz police communications system and completion of the 5.0 -acre park at Tustin Ranch Road and Heritage Way; documents needed for City participation in the Authority's financing would be submitted to the City Council next month; and the Tree Park be financed through an appropriation of currently available Park Development funds when the bid award was approved by the City Council in summer 1996. Motion carried 5-0. 23. PRESENTATION OF FORMER MAYOR PLAQUE/OATH OF OFFICE Mayor Worley presented a plaque to Councilmember Potts recognizing his term as Mayor from April 17, 1995 to April 15, 1996. Pamela Stoker, City Clerk, administered the oath of office to newly elected Councilmember Jim Potts. PUBLIC INPUT - None OTHER BUSINESS/COMMITTEE REPORTS THANKED VOTERS FOR THEIR SUPPORT Councilmember Potts thanked the voters for their support, expressed pleasure at again receiving the highest number of votes, and stated it had been an honor to serve as Mayor. RYAN WATANABE'S FUNERAL = Councilmember Potts commented on his attendance at the funeral for Ryan Watanabe; noted that approximately 1,500 were in attendance and thanked the community for their support; and requested memorial policy be expedited. FUNDRAISING RAFFLE - TUSTIN HIGH SCHOOL WATER POLO TEAM/TUSTIN COMMUNITY FOUNDATION Councilmember Potts requested a mayoral letter be sent to the Hyundai Korean president requesting a donation of an automobile to be used for a fundraising raffle for the Tustin High School water polo team and the Tustin Community Foundation. LETTER - GATING KENYON DRIVE Councilmember Potts expressed displeasure with wording of letter to property owners regarding cost of gating Kenyon Drive, and requested a letter be rewritten expressing Council support of the project. CITY ATTORNEY CHARGES Councilmember Potts requested monthly City Attorney charges be copied to the City Treasurer and he maintain a file on the information. TUSTIN HIGH SCHOOL SWIMMING POOL Councilmember Potts requested the Tustin Unified School Board and City Council reach an agreement regarding the repair and use of the Tustin High School swimming pool so the facility would be available to youth this summer. EAGLE SCOUTS Councilmember Saltarelli reported on his presentation of eleven Eagle Scout proclamations and commended the youth and their achievements. CITY COUNCIL MINUTES Page 11, 5-6-96 FIRE AUTHORITY BOARD MEETING HONOREES Councilmember Saltarelli reported that at a recent Fire Authority Board meeting, two marines and paramedics were honored for saving the life of a young cyclist critically injured in an accident. CITY COUNCIL DUTIES Mayor Pro Tem Thomas commented on the sad duties of councilmembers due to recent losses of youth in our community, and the gratifying duties in recognizing local heroes. JOINT SCHOOL DISTRICT/CITY AD HOC COMMITTEE Mayor Worley requested she be appointed to serve on the joint school district/City ad hoc committee. Council concurred. ILLEGAL ALIENS Mayor Worley noted a letter she received regarding illegal aliens; noted Mexico's population was rapidly increasing; and the problem could not be solved at the local level. MAY 20, 1996 COUNCIL MEETING Mayor Worley reported she would be absent from the May 20, 1996 Council meeting. CLOSED SESSION Mayor Worley announced the City Council would convene in closed session to confer with the City Attorney regarding matters of pending litigation as follows: Raymond Yatuni vs. City of Tustin, OCSC Case No. 745444; Heritage Construction vs. City of Tustin, OCSC Case No. 742620. ADJOURNMENT Mayor Worley adjourned the meeting at 9:27 p.m. The next regular meeting of the City Council was scheduled for Monday, May 20, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. T LS WORLEY, XXYOR z7EA STOKER, CITY CLERK