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Home My WebLink AboutCC MINUTES 1998 03 02 MINUTE S REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 2, 1998 CALL TO ORDER/INVOCATION/PLEDGE OF~-LLEGIANCE The meeting was called to order by Mayor Thomas at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Invocation was given by Dr. Lloyd Strelow, Peace Lutheran Church. The Pledge of Allegiance was led by Tustin Girl Scout Flag Patrol. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Thomas R. Saltarelli, Mayor Pro Tem Mike Doyle Jim Potts Tracy Wills Worley Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Martin Pastucha, Field Services Manager Valerie Crabill, Chief Deputy City Clerk Dan Fox, Senior Planner Bettie Correa, Senior Personnel Analyst Gary Magill, Recreation Superintendent Dave Gottlieb, Senior Project Manager ~- Approximately 30 in the audience PROCLAMATION ARBOR DAY 1998 Mayor Thomas read a proclamation designating March 7, 1998 as Arbor Day. PUBLIC INPUT - None PUBLIC HEARINGS (ITEMS 1 THROUGH 2) 1. TENTATIVE TRACT MAP 15574 (REILLY HOMES, INC.) Dan Fox, Senior Planner, reported that in 1990, construction began on a 282 unit condominium project at Robinson Drive and Jamboree Road; following completion of the first 90 units, the developer, RGC, stopped construction due to financial reasons; the current developer, Reilly Homes, Inc. was in the process of constructing the balance of the property build-out; Reilly Homes was proposing elimination of a 14-unit building and replacing it with a recreation facility/pool resulting in project density reduction; and the Planning Commission had recommended approval of the project. Mayor Thomas opened the Public Hearing at 7:10 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts, seconded by Worley, to (1) adopt the following Resolution No. 98-16 approving the environmental determination for the project; and (2) adopt the following Resolution No. 98-17 approving Vesting Tentative Tract Map No. 15574: RESOLUTION NO. 98-16 - 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 PL~_N (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE CITY COUNCIL MINUTES Page 2, 3-2-98 TRACT MAP 15574 AND APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 98-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 15574 LOCATED AT THE NORTHWEST CORNER OF JAMBOREE AND ROBINSON DRIVE Council commented favorably on the reduced project density and proposed swimming pool. ~ Motion carried 5-0. 600-70 2. URGENCY ORDINANCE NO. 1198 - CONSIDERATION OF THE CITY OF TUSTIN COMPREHENSIVE SEXUALLY ORIENTED BUSINESS ORDINANCE (PUBLIC HEARING NOTICED AS URGENCY ORDINANCE NO. 1196) Elizabeth Binsack, Director of Community Development, reported that on February 17, 1998, Council adopted Urgency Ordinance No. 1196 regulating sexually oriented businesses; due to the immediate need to adopt an interim ordinance, time constraints prevented required noticing and public hearing procedures therefore Ordinance No. 1196 was in effect for only 45 days; required noticing and public hearing procedures were followed for proposed Ordinance No. 1198; the proposed ordinance would be in effect for 10 months and 15 days; and during the affect of the interim ordinance, staff would prepare a permanent sexually oriented business ordinance. Mayor Thomas opened the Public Hearing by 7:11 p.m. It was moved by D0yle, seconded by Potts, to have first reading by title only and introduction of Ordinance No. 1198. Motion carried 5-0. It was moved by Potts, seconded by Saltarelli, to adopt Ordinance No. 1198. The City Clerk read the following Ordinance No. 1198 by title only: ORDINANCE NO. 1198 - AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A COMPREHENSIVE ORDINANCE TO: DISPERSE AND LIMIT SEXUALLY ORIENTED BUSINESSES TO SPECIFIED ZONING DISTRICTS, LICENSE AND REGULATE SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES, PROVIDE ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES, AND REPEAL SECTIONS INCONSISTENT THEREWITH (PREVIOUS ORDINANCE NO. 1196) 480-20 !Motion carried 5-0 (roll call vote). CONSENT CALENDAR (ITEMS 3 THROUGH 14) Mayor Pro Tem Saltarelli announced he would abstain from voting on Consent Calendar Item No. 3, Approval of Minutes - February 17, 1998 Regular Meeting, due to his absence from that meeting. It was moved by Potts, seconded by Worley, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 3. APPROVAL OF MINUTES - FEBRUARY 17, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 17, 1998o 360-82 4. APPROVAL OF DEM~uNDS AND RATIFICATION OF PAYROLL 380-10 Recommendation: Approve Demands in the amount of $1,271,678.61 and ratify Payroll in the amount of $410,631.66. 5. REVISION OF BAIL SCHEDULE Recommendation: Approve the amended Bail Schedule to establish appropriate fines for certain violations of the Tustin City Code CITY COUNCIL MINUTES Page 3, 3-2-98 as recommended by the Community Development Department. 390-50 6. DECLARATION OF SURPLUS EQUIPMENT Recommendation: (1) Declare specified computer equipment as surplus and not required for public use and (2) Authorize staff to donate the surplus computer equipment to the Tustin Community Foundation for reconditioning and distribution to non-profit organizations as recommended by the Finance Department. 380-60 7. RESOLUTION NO. 98-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,.CALIFORNIA, FINDING AND DETERMINING THE INDUSTRIAL DISABILITY OF BRYAN MEDER Recommendation: Adopt Resolution No. 98-12 adopting and certifying to the Public Employees Retirement System determination of the Retirement Review Board that Bryan Meder is eligible for an industrial disability retirement as recommended by Personnel Services. 520-60 8. SUBSTITUTION OF SUBDIVISION BONDS FOR TRACT NO. 13835 AND RELEASE OF THE MONUMENTATION CASH DEPOSIT (VENTURANZA DEL VERDE) Recommendation: Authorize the release of the Faithful Performance Bond No. 3SM77644400 in the amount of $53,525.00; the Labor and Material Bond No. 3SM77644400 in the amount of $26,762.50; the Warranty Bond No. 3SM75822800 in the amount of $21,410.00; and the Monumentation Cash Deposit in the amount of $1,300.00 subject to the posting of replacement bonds in the following amounts: Faithful Performance Bonds No. 1558126, $2,000.00; Labor and Material Bond No. 1558126, $1,000.00; Subdivision Warranty Bond No. 1558128, $21,410.00; and Monumentation Bond No. 1558127, $4,900.00 as recommended by the Public Works Department/Engineering Division. 600-70 9. APPROVAL OF THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ~-~ ENGINEERING SERVICES FOR THE RED HILL AVENUE WIDENING PROJECT AT ~, THE I-5 FREEWAY AREA (CIP NO. 700133) Recommendation: Authorize the Mayor and City Clerk to execute a Professional Services Agreement subject to approval by the City Attorney with the firm of IWA Engineers to prepare and process the final design plans, specifications and estimates through Encroachment Permit approval by Caltrans for the Red Hill Avenue Widening Project at the I-5 Freeway between E1 Camino Real and south of Nisson Road in the amount of $83,775.00 as recommended by the Public Works Department/Engineering Division. 400-10 10. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 23, 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 February 23, 1998. 120-50 11. 1996-97 ANNUAL REPORT (REDEVELOPMENT AGENCY) Recommendation: Receive and file Annual Report for 1996-97 and direct a copy of subject report be filed with the State Controller as recommended by the Redevelopment Agency staff. 425-80 12. TUSTIN POLICE OFFICERS ASSOCIATION MEMORANDUM OF UNDERSTANDiNG Recommendation: Authorize the City Manager to execute the Memorandum of Understanding between the City and the Tustin Police "" Officers Association, non-management employees as recommended by Personnel Services. 540-40 13. TUSTIN POLICE OFFICERS ASSOCIATION MANAGEMENT UNIT MEMORANDUM OF UNDERSTANDING Recommendation: Authorize the City Manager to execute the Memorandum of Understanding between the City and the Tustin Police Officers Association, Management Unit as recommended by Personnel Services. 540-40 14. RESOLUTION NO. 98-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS Recommendation: Adopt Resolution No. 98-10 authorizing the destruction of personnel files used prior to 1993 to track State CITY COUNCIL MINUTES Page 4, 3-2-98 and Federal legislation and files of recruitments which occurred between January 1, 1993 to December 31, 1995 as recommended by Personnel Services. 170-40 REGLTLAR BUSINESS (ITEMS 15 THROUGH 17) 15. SUBDIVISION MANUAL IMPLEMENTING THE CITY ' S SUBDIVISION CODE (ORDINANCE NO. 1177) It was moved by Potts, seconded by Doyle, to adopt the following Resolution No. 98-18 approving the Subdivision Manual: RESOLUTION NO. 98-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBDIVISION MANUAL IMPLEMENTING THE CITY'S SUBDIVISION CODE (ORDINANCE NO. 1177) Motion carried 5-0. 460-50 16. ORDINANCE NO. 1195, REGULATION AND OPERATION OF AMBULANCES Mayor Pro Tem Saltarelli announced he would abstain from voting on this item due to his absence from the February 17, 1998 Council meeting when Ordinance No. 1195 was discussed and introduced. It was moved by Doyle, seconded by Potts, to have second reading by title only of Ordinance No. 1195. Motion carried 4-0, Saltarelli abstained. It was moved by Potts, seconded by Worley, to adopt Ordinance No. 1195. The City Clerk read the following Ordinance No. 1195 by title only: ORDINANCE NO. 1195 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 3421.5 AND 3426.2 OF ARTICLE 3, CHAPTER 4, PART 2 OF THE TUSTIN MUNICIPAL CODE REGARDING THE REGULATION AND OPERATION OF AMBULANCES WITHIN THE CITY Motion carried 4-0, Saltarelli abstained (roll call vote). 240-50 17. ORDINANCE NO. 1197 (CODE AMENDMENT 98-001) SIGN CODE AND NOISE ORDINANCE AMENDMENTS Elizabeth Binsack, Director of Community Development, reported the current Sign Code permitted non-profit organizations to apply for banner permits to be located on Main Street; due to the numerous community events during the year and use of the banner poles, available dates for non-profit organizations ' use of the Main Street poles was limited; and the proposed amendment to the Sign Code would limit the use of the Main Street banner poles to City- sponsored events. She stated the Noise Ordinance prohibited construction on federal holidays; City Hall was open for business on two federal holidays, Martin Luther King, Jr. Day and Columbus Day; it would be appropriate to .allow construction activities on those two holidays; and the proposed amendment would change the Noise Ordinance to read "City observed federal holidays." It was moved by Ports, seconded by Worley, to have first reading by title only and introduction of Ordinance No. 1197. Motion carried 5-0. 230-65 680-40 The City Clerk read the following Ordinance No. 1197 by title only: ORDINANCE NO. 1197 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE SECTION 9403c TO LIMIT THE USE OF THE MAIN STREET BANNER POLES TO CITY SPONSORED EVENTS, AND SECTIONS 4616 AND 4617 TO PROHIBIT CONSTRUCTION ACTIVITIES ON CITY OBSERVED FEDERAL HOLIDAYS CITY COUNCIL MINUTES Page 5, 3-2-98 PUBLIC INPUT - None OTHER BUSINESS CHAPMAN UNIVERSITYSTUDENTS Councilmember Doyle reported that he was impressed with a well- s, mannered and responsible group of students from Chapman University i who held an event at the Revere House. GETWELL WISHES Councilmember Doyle reported that City Attorney Lois Jeffery's father was ill and requested everyone send good thoughts and prayers. CONSTRUCTION DEBRIS Mayor Thomas reported the Laurelwood Homeowners' Association had complained that debris had been left in their development following construction of a Pacific Bell trench. Tim Serlet, City Engineer, responded that staff was aware of the situation and had been in contact with the homeowners association. GIRL SCOUT TROOP IN ATTENDANCE Mayor Thomas reported a Girl Scout troop was in the audience to work on merit badges. BOBBY SOX OPENING GAME - MARCH 7, 1998 Mayor Thomas reported that on March 7, 1998, he would throw the first pitch at the Girls Bobby Sox opening game where 4,000 people were expected to attend. COMMITTEE REPORTS ORANGE COUNTY FIRE AUTHORITY Councilmember Worley reported that the Fire Authority had agreed upon a contract which ended the labor dispute. CLOSED SESSION Mayor Thomas announced that the City Council would convene in closed session to confer with the City Attorney regarding: (1) pending litigation to which the City is a party, E1 Toro Reuse Planning Authority, et.al v. County of Orange, Case No. 77-3843 (San Diego Superior Court); and (2) pending litigation to which the City is a party, William D. Franks vs. City of Tustin, City Manager William Huston, SACV 97-794(GLT); W.D. Franks v. City of Tustin, 97CV009289; and W.D Franks v City of Tustin, AHM 0040436. ' · ADJOURNMENT Mayor Thomas adjourned the meeting at 7:22 p.m. The City Council ~scheduled a joint meeting with the Audit Committee on March 16, 1998, at 5:30 p.m. in the Community Center; and the next regular meeting of the City Council was scheduled for March 16, 1998, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. PA/~IAvSTOKER,