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HomeMy WebLinkAboutCC MINUTES 1997 12 01MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA DECEMBER 11 1997 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Thomas at 7:05 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Potts. Own"INVOCATION The Invocation was given by Rev. Reese Riley, St. Paul's Episcopal Church. 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 (absent) 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 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 Bettie Correa, Senior Personnel Analyst Dan Fox, Senior Planner Sara Pashalides, Associate Planner Dave Gottlieb, Senior Project Manager Karen Peterson, Associate Planner Brad Evanson, Assistant Planner Jim Box, Recreation Supervisor Approximately 55 in the audience PROCLAMATION TUSTIN BOBBY SOX ALL STARS TEAM, NATIONAL CHAMPIONS Mayor Thomas read and presented proclamations to the Tustin Bobby Sox All Stars team: Meggie Brown, Ariana Fahrney, Krista Gary, Amber Gorbett, Krissy Hall, Sarah Hamilton, Alison Hejna, Amanda Hoffman, Jenna Horton, Alison McGlone, Marian Paino, Lauren Pippin; Manager Sharon Fahrney; Coaches Joel Hall, Mike McGlone, Rick Fahrney; and Chaperones Rina Horton and Lisa Frost. The team performed a dance routine and victory yell. Sharon Fahrney commended the team for their hard work, dedication, and heart; noted the team's offensive and defensive abilities; thanked the coaching staff and families for their commitment; and *^'* encouraged the team on their future endeavors. 'PRESENTATIONS 1. STATE ASSEMBLYWOMAN MARILYN BREWER, 70TH DISTRICT Marilyn Brewer reported on Sacramento legislative actions such as welfare reform; education and class size reduction; billion dollar tax cut;.$289 million county fiscal tax relief; AB 233, trial court funding; and AB 1584 COPS. She stated that 1998 issues included education, class size reduction, and school bonding. Council/Assemblywoman Brewer discussion followed regarding class size reduction. CITY COUNCIL MINUTES Page 2, 12-1-97 2. 3. 2. Mayor Thomas and Councilmember Potts thanked Assemblywoman Brewer for informing citizens of state legislative action. KIM BARONE, SOUTHERN CALIFORNIA EDISON COMPANY Mayor Thomas announced that Kim Barone had requested her item be presented after the Leukemia Society presentation. See No. 2 below. LEUKEMIA SOCIETY, PRESIDENT PAUL GLAAB Paul Glaab, Leukemia Society President, reported that leukemia was one of the major killers of children; during the past 5-10 years certain strains neared 75% remission; remarked on the Cure 2000 Program; and commended Mayor Thomas for his participation in the Leukemia Society Celebrity Waiter events and presented a commemorative plaque honoring his assistance. Mayor Thomas thanked Mr. Glaab for the plaque; noted his recent loss of a family friend from leukemia; stated that the medical profession was close to a cure; and thanked all those who contributed to the Leukemia Society. KIM BARONE, SOUTHERN CALIFORNIA EDISON COMPANY (Agenda order) Kim Barone, Southern California Edison, gave a slide presentation which summarized the electric industry restructuring in California including strict environmental regulations contributing to the high electricity price in California and was a major factor in proceeding with restructuring; three phases of electric power; restructuring of the generation phase would begin January 1, 1998; several power purchase options would be available to the consumer; AB 1890; development of a new itemized consumer energy bill; consumer prices were frozen through 2001; a 10% rate reduction would begin on January 1, 1998 and an additional 10% rate reduction was effective in 2002. She said Southern California Edison (SCE) would continue providing customers with safe and reliable distribution services; and SCE would continue ownership and maintenance of all transmission facilities, metering and billing services, working with customers regarding alternate energy related proposals, and continue the same community and regional leadership in economic development. She encouraged customers to keep informed on the restructuring process. Council/Speaker Barone discussion followed regarding rates, the process to change an electricity provider, and the generation process. PUBLIC INPUT CITIZEN COMPLAINT Irwin Gross, 125 N. "B" Street, Tustin, requested his neighborhood problems submitted to staff for resolution be agendized for Council discussion. William Huston, City Manager, stated that staff would examine whether code enforcement action was necessary. Lois Jeffrey, City Attorney, recommended that Council take no action and Mr. Gross should proceed with any legal action he deemed necessary. Councilmember Potts noted the time staff and Council had spent reviewing issues raised by Mr. Gross and stated that he was willing to agendize at a future Council meeting discussion of those issues. PUBLIC HEARINGS (ITEMS 1 THROUGH 3) 1. ZONE CHANGE 97-004 (RBC AMERICORP, INC.) Dan Fox, Senior Planner, reported the proposed zone change was a request to amend the Jamboree Plaza District regulations to allow self -serve carwashes within Planning Area "A"; Jamboree Plaza was a mixed use development which included auto service, retail, light industrial and office uses, and was the future site of the City's CITY COUNCIL MINUTES Page 3, 12-1-97 commuter rail facility; the District regulations anticipated a full service carwash at Jamboree Road and Edinger Avenue; and the District regulations specifically prohibited self -serve carwashes. Mayor Thomas opened the Public Hearing at 8:05 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Saltarelli, seconded by Worley, to adopt the following Resolution No. 97-111 approving the environmental determination for the project: RESOLUTION NO. 97-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 97-004 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Saltarelli, seconded by Worley, to have first reading by title only and introduction of Ordinance No. 1193 approving Zone Change 97-004. Motion carried 5-0. 1 .1 The Chief Deputy City Clerk read the following Ordinance No. 1193 by title only: ORDINANCE NO. 1193 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 97-004 AMENDING SECTION 3.1(B)(3) OF THE JAMBOREE PLAZA DISTRICT REGULATIONS TO ALLOW SELF- SERVICE CARWASHES AS A PERMITTED USE WITHIN PLANNING AREA A OF THE JAMBOREE PLAZA PLANNED COMMUNITY ON THE NORTHWEST CORNER OF EDINGER AVENUE AND JAMBOREE ROAD 0"" 2. APPEAL OF CONDITIONAL USE PERMIT 97-014 AND DESIGN REVIEW 97-023 (DALRYMPLE) Dan Fox, Senior Planner, reported this item had been appealed at the November 17, 1997 Council meeting; the project was a request to establish a guest house within the R-1 District in the Old Town residential area; presently there was an existing guest house and a detached garage at the rear of the property; the applicant was proposing to modify the existing facility by improving the first floor, removing the garages, and converting the entire structure to a guest house; the proposed project would not have cooking facilities and would not be available for lease or rent; and Conditions of Approval from the Zoning Administrator and Planning Commission required deed restrictions be placed on the property. He stated that since the garages were being removed from the back structure, a two - car garage would be added to the existing residence toward the front of the property as well as a second floor addition to the residence; the project blended architecturally with the existing structure and exceeded all development standards for the R-1 District; the side setback was 7 feet and the front setback was approximately 28 feet; and the design was intended to comply with the City's residential design standards for the Old Town area. Councilmember Doyle stated his concern that more than one family would be living on the property and requested continuance of the item to allow staff and the applicant to discuss a compromise project. Mayor Thomas said he was concerned with the ingress/egress to the property. Mayor Pro Tem Saltarelli stated his concern that the project's additions would expand the house to within 7 feet of the adjoining property line containing a single story residence; and questioned the lot coverage and the minimal open space on the property. Dan Fox responded that the R-1 District allowed a maximum of 40% lot coverage and the proposed project was in compliance at 39.49%. Mayor Thomas opened the Public Hearing at 8:14 p.m. CITY COUNCIL MINUTES Page 4, 12-1-97 The following member of the audience spoke in favor of Conditional Use Permit 97-014 and Design Review 97-023: Cindy Dalrymple, property owner The following member of the audience spoke in opposition to Conditional Use Permit 97-014 and Design Review 97-023: Margaret Rivas, representing Mary Rivas (submitted petition) There were no other speakers on the subject and the Public Hearing was closed at 8:18 p.m. Councilmember Doyle reiterated his request to continue the matter. Mayor Pro Tem Saltarelli stated he would support continuation because of the project lot coverage and its affect on the adjoining resident's view, and suggested a single story two -car garage as a mitigation measure. Councilmember Potts stated his support for continuance to allow further discussion on the project. Councilmember Worley said she supported further study on the issue and commended the applicant for working with staff in order to meet conditions and for her concern regarding the project's affect on the neighborhood. It was moved by Doyle, seconded by Saltarelli, to continue this matter to the January 5, 1998 Council meeting. Motion carried 5-0. 610-40 3. VESTING TENTATIVE PARCEL MAP 97-117 AND APPEAL OF CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97-009 (GREG BENNETT ARCHITECTS) Sara Pashalides, Associate Planner, reported that the applicant was proposing to subdivide a 1.6 acre site to construct a self -serve gas station, a full service carwash, a convenience store, and a retail building. She described the project including the architectural design; stucco walls; roof; stone window and door surrounds; wood trellises; pedestrian courtyard; gas station; convenience store; carwash accommodating 31 cars; and a drying area located in the center of the site. The Planning Commission had reviewed the item on several occasions and identified concerns related to the architecture, screening and noise; on November 10, 1997, the Planning Commission recommended project approval; and on November 17, 1997, Council appealed the project. She stated that the Planning Commission had supported a departure from the adopted service station design guidelines to permit the open bays to face the street and permit the gas pumps to be located adjacent to the street; however, the Planning Commission had determined the screen walls, berms, landscaping and architectural details of the project compensated for the two deviations. She described the landscape plan; noted the public's noise concern and subsequent mitigation measures; and she stated that staff had received a phone call from Linda Jennings who could not attend the Public Hearing and had requested her opposition to the project be conveyed to Council. Mayor Thomas stated that the applicant had been working with staff on the proposed project for over three months; unanimous Council support had never been given on this project; he had voiced past displeasure with the project concept; stated he was unhappy with media comments regarding Council supporting the project; clarified that Council had not met with the applicant to discuss this project and a Brown Act violation had not occurred; and noted the diligence to resolve project issues by all parties. Mayor Pro Tem Saltarelli stated this project had been controversial from its inception; the crucial impact of the project's location at Newport Avenue and Main Street; he had appealed the matter to allow public testimony because of the continued debate on project approval; he supported the project although he believed there were too many activities on the site; the importance of constructing the entire CITY COUNCIL MINUTES Page 5, 12-1-97 proposed project; he was satisfied with the landscaping; and stated he would not amend the project at a later date to eliminate the retail building. Mayor Thomas opened the Public Hearing at 8:30 p.m. The following member of the audience spoke in favor of Vesting Tentative Parcel Map 97-117 and Appeal of Conditional Use Permit 97 - MOW 005 and Design Review 97-009: Greg Bennett, applicant There were no other speakers on the subject and the Public Hearing was closed at 8:39 p.m. Councilmember Worley stated she originally believed the project too intense for the site; the changes made to the project were a positive improvement; the site was a keystone area to Old Town; commented on the architectural style; she supported the project; and she thanked all parties for their efforts to move the project forward. Councilmember Potts stated this was a good project; he also would only support approval of the entire project; and noted the effort given by all parties toward a successful compromise. Mayor Pro Tem Saltarelli stated that he supported approval of the project; was pleased that the site would be visually improved; noted his past concern regarding traffic flow at the site; and said this was a good project. Mayor Thomas stated his past concern with traffic and pedestrian circulation; said he supported construction of the entire project; and questioned if a condition of approval stipulated construction of r--� both facilities. Elizabeth Binsack, Director of Community Development, responded that approval of the project would require construction of the retail facility concurrently or prior to construction of the carwash. It was moved by Potts, seconded by Doyle, to approve the following Resolution Nos. 97-114, 97-115, and 97-116: RESOLUTION NO. 97-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR VESTING TENTATIVE PARCEL MAP 97-117, CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97-009 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 97-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S ACTION TO APPROVE CONDITIONAL USE PERMIT 97-005 AND DESIGN REVIEW 97-009, AUTHORIZING THE ESTABLISHMENT OF A 24-HOUR SELF -SERVE GASOLINE STATION, A FULL-SERVICE CARWASH, A 750 SQUARE FOOT 24-HOUR CONVENIENCE STORE, AND A 5,500 SQUARE FOOT RETAIL BUILDING AT 535 EAST MAIN STREET RESOLUTION NO. 97-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE PARCEL MAP 97-117, A REQUEST TO SUBDIVIDE A 1.6 -ACRE COMMERCIAL PARCEL INTO TWO NUMBERED PARCELS ON THE PROPERTY LOCATED AT 535 EAST MAIN STREET Motion carried 5-0. CONSENT CALENDAR (ITEMS 4 THROUGH 10) 610-40 Mayor Pro Tem Saltarelli and Councilmember Potts announced they would abstain from voting on Consent Calendar Item No. 4, Approval of Minutes, November 17, 1997 Regular Meeting, due to their absence from that meeting. It was moved by Doyle, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. CITY COUNCIL MINUTES Page 6, 12-1-97 4. APPROVAL OF MINUTES - NOVEMBER 17, 1997 REGULAR MEETING Council concurred to approve the City Council Minutes of November 17, 1997. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,697,051.67 and ratify Payroll in the amount of $352,351.65. 380-10 6. 1998 LOCAL APPOINTMENTS LIST FOR COMMISSIONS/BOARDS 360-82 Recommendation: Approve the 1998 Local Appointments List for the Planning Commission, Parks and Recreation Commission, and the Tustin Community Foundation Board as recommended by the City Clerk's Office. 120-05 7. PETERS CANYON HIKING AND'RIDING TRAIL Recommendation: Receive and file subject report as recommended by the Community Development Department. 920-85 8. RESOLUTION NO. 97-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL ASPHALT CONCRETE REHABILITATION AND SLURRY SEAL PROJECT, FY 1997-98, CIP NO. 700001 Recommendation: Adopt Resolution No. 97-112 approving the plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/ Engineering Division 400-45 9. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 24, 1997 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 November 24, 1997. 120-50 10. AWARD OF BID - TWO EXTENDED CAB PICKUP TRUCKS Recommendation: Award the bid for two extended cab pickup trucks to Downey Ford of Downey, California, for a total cost of $37,949.76 as recommended by Public Works Department/Field Services Division. 380-40 REGULAR BUSINESS (ITEMS 11 THROUGH 14) 14. TUSTIN COMMUNITY FOUNDATION REQUEST FOR FUNDING (Agenda order) Mayor Thomas moved this item out of agenda order. Jim McDonald, Tustin Community Foundation President, reported the Tustin Community Foundation (TCF) Board of Directors was requesting to continue financial support from the City for the TCF executive director position; in 1996, the City granted funds to TCF to hire its first executive director, Bob Kiley; Mr. Kiley served as a part-time consultant and had performed an excellent job for the Foundation; the City's initial investment of $30,000 to TCF had grown to approximately $90,000 cash and in-kind donations; the Fundraising Outreach Program had been doubled; and he explained the Foundation's goal to invest in restricted long-term investments to build an asset base toward a million dollar target. Councilmember Doyle stated that last year he had voted against appropriating the $30,000 funding request from the TCF unless it was as a loan; citizens had contacted him opposing funding the TCF again this year; and stated he opposed giving the TCF the funding unless it was a loan. Councilmember Potts stated that he had voted to appropriate $30,000 in 1996 to hire an executive director for the Foundation and stated he opposed giving TCF $30,000 this year but would support a loan to the Foundation. Jim McDonald stated the TCF strategic plan presented to Council a year ago reported that the Foundation would be in a building program for at least five years establishing an asset base; TCF objectives to build community outreach, visibility,_ and credibility for the donor community; TCF's first project was the contribution of computer equipment for the Tustin Family and Youth Center Computer Learning Center; TCF's future goals to expand the Tustin Family and Youth Center facilities, provide a van program for the Youth Center, and CITY COUNCIL MINUTES Page 7, 12-1-97 contribute to the Tustin Area Senior Center computer facilities; the many hours volunteers and Board Members gave to the TCF to benefit the community; and requested Council and public direction if the Foundation was not providing a positive service for area residents. Mayor Pro Tem Saltarelli said that Council must support the Foundation in its formation years; he understood the concerns stated by Councilmembers Doyle and Potts; TCF's positive influence on community participation with local businesses; Tustin Schools Foundation donations went directly toward education; as TCF grows it would be easier to earmark funds for specific projects and programs; he was pleased that TCF funded the Tustin Family and Youth Center; commended Executive Director Bob Kiley on his work; and he supported appropriating $30,000 to the TCF. Council/Speaker McDonald discussion followed regarding how much money TCF raised and how much was spent on projects; the past TCF executive director recruitment process; and presenting specific TCF revenue/expenditure accounting to Council. Mayor Thomas stated that Council's expectation of the TCF was to watch it grow and eventually become self sufficient; the Foundation's continued outreach to the community for support; some residents were not clear on the Foundation's function in the community; Council should provide input and direction to the TCF; TCF donated approximately $40,000 to the Tustin Family and Youth Center for the Computer Learning Center; he supported financial aid to the TCF; noted several businesses who had pledged support to the Foundation during recent weeks; complimented the volunteers who worked tirelessly for the Foundation; the Mayor's Prayer Breakfast had raised approximately $11,000 for the Foundation; the Foundation should stand alone from Council; and he commended TCF for their work in the community. pow Council/Speaker McDonald discussion followed regarding the City loaning TCF funding; minimal public opposition was received concerning funding the TCF; the importance of the Foundation to the community; TCF repaying the funding; 95 cents out of every dollar donated to the TCF was returned back into community projects; and board members were responsible for raising $5,000 a year for the TCF. It was moved by Saltarelli, seconded by Worley, to appropriate $30,000 to the Tustin Community Foundation for funding of the part- time executive director position. Mayor Thomas suggested that the Foundation's reports to Council regarding donations received and amounts funded in community projects be specific; and noted the number of hours and effort the board members and executive director worked for the TCF and how vital they were to the success of the Foundation. Motion carried 3-2, Doyle, Potts opposed. 125-45 Mayor Thomas recessed the meeting at 9:25 p.m. The meeting reconvened at 9:37 p.m. 11. CODE AMENDMENT TO ARTICLE 4, CHAPTER 5 - ABANDONED AND INOPERATIVE VEHICLES (ORDINANCE NO. 1188) Rita Westfield, Assistant Director of Community Development, reported that the Abandoned and Inoperative Vehicle Code was adopted in 1968 and amended in 1973; the code provided the process for abating nuisance vehicles in the City; the existing code required Council approval prior to the issuance of a notice to abate an abandoned vehicle and a public hearing prior to towing a vehicle; the proposed ordinance would allow code enforcement officers to issue a Notice to Abate on both public and private property and to have vehicles towed without the Council public hearing process; towing a vehicle would only occur when a vehicle or property owner did not voluntarily remove the abandoned or inoperative vehicle from a property; the ordinance provided for due process for a vehicle or property owner to appeal an abatement decision'of the code enforcement officer; and if the appellant was not satisfied after the hearing with the hearing officer, an appeal to Council was permitted. She said the proposed CITY COUNCIL MINUTES Page 8, 12-1-97 ordinance would expedite the towing process and eliminate the need for Council to authorize each Notice to Abate action as well as automatic public hearings; the Community Development Director would be designated as the hearing officer; enforcement of private property nuisance vehicles was the responsibility of the Community Development Department; and towing and administrative costs could be recovered by the City. It was moved by Potts, seconded by Saltarelli, to have first reading by title only and introduction of Ordinance No. 1188. ~� Motion carried 5-0. 440-10 The Chief Deputy City Clerk read the following Ordinance No. 1188 by title only: ORDINANCE NO. 1188 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE ARTICLE 4, CHAPTER 5, RELATING TO REMOVAL OF ABANDONED AND INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, AND RECOVERY OF THE COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 OF THE CALIFORNIA VEHICLE CODE 12. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OVERVIEW AND DISCUSSION OF ALLOWABLE USE OF FUNDS FOR FISCAL YEAR 1998-99 Rita Westfield, Assistant Director of Community Development, reported this was the City's 24th year as a CDBG recipient and the 5th year as an entitlement City; prior to the City's entitlement status the County of Orange made decisions on which projects, service providers, and non profit organizations would receive funding from the CDBG allocation; since the City's entitlement status, Council had selected projects for funding; citizen participation and staff review committees made recommendations to Council on funding requests; this year CDBG funding was estimated to be approximately $700,000; 15% may be awarded to public service entities and non profit organizations; 20% may be used for administrative planning and special studies; the remaining monies were used for other eligible City projects; Request for Funding Applications were sent to approximately 65 service providers, non profit agencies, and City departments; and the applications were due back to the City on January 8, 1998. She stated that Council direction was necessary on what projects were to be funded with the 1998/99 CDBG monies; and following in-house staff committee and citizen participation workshops and a 30 day comment period on the action plan, Council would conduct a public hearing on April 20, 1998, to hear all requests for applications and to receive public testimony. Council/staff discussion followed regarding the application process; and the organizations funded last year. Councilmember Potts remarked on the services provided by Laurel House; the importance of funding organizations that directly affected Tustin; he supported improving the Boys and Girls Club facility; and less money should be spent on administration costs. Council/staff discussion followed regarding that the 15% and 20% CDBG funding allocations were governed by law; historically the City had never spent the 20% allocated for administrative costs; and Council involvement in the application process. Mayor Thomas suggested that CDBG funding shortfalls to organizations should be reported to the Tustin Community Foundation for funding assistance. Council/staff discussion followed regarding appointing a member of the Tustin Community Foundation to participate in review of organizations' requests for CDBG funding. 640-18 13. PROPOSED BALLOT MEASURE FOR NOVEMBER 1998 ELECTION Lois Jeffrey, City Attorney, reported that based on recent Council discussion, she formulated a ballot measure to be submitted to voters regarding continuing to conduct municipal elections in November and CITY COUNCIL MINUTES Page 9, 12-1-97 a date change could not occur without voter approval. Councilmember Potts stated he preferred April municipal elections because they were less expensive for candidates; and he supported voters deciding on when elections should be held. Mayor Pro Tem Saltarelli stated November municipal elections, because they would be consolidated with the general election, would be more convenient for voters; he opposed placing an election measure on the ballot; he had not received opposition from the public regarding the recent Council action of moving the municipal election to November; and April elections occurred during school spring holidays. Councilmember Worley said she did not want to restrict future Councils from being able to change the election date by placing a measure on the ballot; and she explained that the last municipal election was held in March with the State primary because the City's election would have been two weeks later. Councilmember Doyle noted that the City had changed the municipal election four out of the last five elections; and he supported placing an election date measure on the ballot for voter decision. Mayor Thomas stated he was opposed to placing an election date measure on the ballot; April elections did not have a good voter turnout; more people voted in November elections; Proposition 208 would restrict candidates' campaign fundraising and spending limits; and stated he had received no public opposition to a November municipal election. It was moved by Saltarelli seconded by Worley, to deny placement of election date options on the ballot. Council discussion followed regarding that past changing of municipal election dates had been politically motivated; and the City of Irvine changed their municipal election to November. Motion carried 3-2, Doyle Potts, opposed. 450-50 14. TUSTIN COMMUNITY FOUNDATION REQUEST FOR FUNDING See page 6. PUBLIC INPUT - None OTHER BUSINESS TUSTIN HIGH SCHOOL FOOTBALL TEAM Councilmember Doyle urged the Tustin High School football team to remain undefeated. "A" STREET RECONSTRUCTION Councilmember Doyle commended the public works contractor for excellent performance and consideration of residents during reconstruction of "A" Street. TUSTIN HIGH SCHOOL BLEACHERS Councilmember Potts noted that Tustin High School continually rented stadium bleachers and requested agendizing for Council consideration loaning funds to the Tustin Unified School District to purchase permanent bleachers. PETER'S CANYON HIKING AND RIDING TRAIL Councilmember Potts requested Consent Calendar Item No. 7, Peter's Canyon Hiking and Riding Trail, be forwarded to all involved agencies. CITY COUNCIL MINUTES Page 10, 12-1-97 I-5 FREEWAY/NEWPORT AVENUE OFFRAMP ' Councilmember Potts stated there was a possibility for construction of an I-5 Freeway/Newport Avenue offramp. LEFT -TURN SIGNAL Councilmember Potts requested that staff continue to explore elimination of left -turn signals through state and League of Cities legislation. DESHAUN FOSTER Councilmember Worley reported that she met Tustin High School's leading County rusher, DeShaun Foster, and was impressed with the young man. Councilmember Potts commended DeShaun Foster's mother for her excellent parenting skills. MAYORIS PRAYER BREAKFAST Councilmember Worley commended Mayor Thomas for a successful Mayor's Prayer Breakfast. Mayor Thomas thanked everyone who participated and volunteered for the successful Mayor's Prayer Breakfast. TREE LIGHTING CEREMONY Councilmember Worley and Mayor Thomas reported that the Tree Lighting Ceremony would be held on December 4, 1997 and invited the public to attend. NEW MIDDLE SCHOOL Councilmember Worley noted that the Tustin Unified School District did not have sufficient funds for lighting fields at the new middle school and suggested the City consider funding this project. Mayor Thomasreported that graders were on site at the new Middle School. HERITAGE PARR Mayor Pro Tem Saltarelli requested the status on grading of Heritage Park. Tim Serlet, Director of Public Works, responded that grading was scheduled to begin in 2-3 weeks. FOOTHILL HIGH SCHOOL WATER POLO TEAM Mayor Pro Tem Saltarelli clarified that the Foothill High School Water Polo team was defeated in the state finals and did not win the championship as he previously reported. STAFF COMMENDATION Mayor Pro Tem Saltarelli and Mayor Thomas commended staff for their working relationship and responsiveness to Council and resident needs during the past year. SENIOR HOUSING FIRE Councilmember Potts commended staff for responsiveness and assistance during the recent senior housing fire. AUTOMOBILE CLUB Mayor Thomas noted that the Automobile Club grand opening was December 4, 1997. CITY COUNCIL MINUTES Page 11, 12-1-97 DECEMBER 15, 1997 COUNCIL MEETING Mayor Thomas noted that the December 15, 1997 Council meeting was canceled. COMMISSION/COMMITTEE SALARY SURVEY Mayor Thomas reported that the Commission/Committee salary survey report indicated Tustin members were well compensated in comparison to other County agencies. NEW POST OFFICE Mayor Thomas reported that a letter to postal authorities requesting the need for a new Tustin post office was recently sent. HIGH SPEED RAIL Mayor Thomas commented on the high speed rail report received by Council and requested staff continue to monitor the situation. TRANSPORTATION CORRIDOR AGENCY MEETING Mayor Thomas stated that he was scheduled for a meeting with Transportation Corridor Agency officials and requested staff provide an update on corridor issues prior to the meeting. SIGNS - TUSTIN MARKET PLACE II Mayor Thomas questioned the reason for "The Market Place is Full of Rats" signs at Tustin Market Place II. William Huston, City Manager, responded they were due to a local labor dispute. EL TORO AIRPORT Mayor Thomas voiced his support for the City of Irvine annexing the E1 Toro Airport site. Lois Jeffrey, City Attorney, explained the City of Irvine must reach an unlikely tax sharing agreement with the County of Orange before the process could proceed. Councilmember Worley reported that residents should be aware that if north/south flight patterns were approved for the proposed El Toro Airport, air traffic noise would be greatly increased over Tustin. MERRY CHRISTMAS, HAPPY HANUKKAH AND HAPPY NEW YEAR Mayor Thomas wished everyone a merry Christmas, happy Hanukkah and New Year. COMMITTEE REPORTS - None CLOSED SESSION Mayor Thomas announced that the City Council would convene in closed rllwsession to confer with the City Attorney regarding pending litigation to which the City was a party: W.D. Franks vs. City of Tustin, William A. Huston, Case No. SACV97-794 GLT (E.Ex); Michael Ryerson vs. City of Tustin, W.D. Franks, Case No. 769675. Mayor Thomas adjourned the meeting at 10:35 p.m. The next regular meeting of the City Council was scheduled for Monday, January 5, 1998, at 7:00 p.m. in the Council Chambers at 300 Centennial ay. J F M. THOMAS, MAYOR PAME STOKER, CITY LERK