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Home My WebLink AboutCC MINUTES 1997 08 18MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 18, 1997 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Thomas at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Potts. ...INVOCATION The Invocation was given by Rev. Mark Woolfington, First Advent Christian Church. ROLL CALL Council Present: Jeffery M. Thomas, Mayor Thomas R. Saltarelli, Mayor Pro Tem Mike Doyle Jim Potts Council Absent: Tracy Wills Worley 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 Steve Foster, Acting 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 Greg Gubman, Associate Planner Dave Gottlieb, Senior Project Manager Darin Loughrey, Recreation Supervisor Gary Magill, Recreation Superintendent Gary Veeh, Water Services Manager Joe Meyers, Administrative Assistant Approximately 45 in the audience PROCLAMATION POLICE OFFICER HARDACRE AND RETIRING CANINE ARTUR Mayor Thomas read and presented proclamations to Officer Pam Hardacre and retiring Canine, Artur. Officer Hardacre thanked the City for supporting the Canine Program; stated the Canine Unit had been a great work experience; and announced Artur retired from active duty on August 4, 1997. PUBLIC INPUT - None PRESENTATION UNIVERSITY OF CALIFORNIA IRVINE GRADUATE STUDENTS' PRESENTATION ON OLD TOWN DEVELOPMENT Dr. William Stanford, Old Town Association President, introduced Association Board Members and Mike Ruane, University of California Irvine (UCI), Department of Urban and Regional Planning, and the student team's professor. Mike Ruane stated the UCI graduate student team had been asked to recommend a revitalization strategy for Old Town; stated the students studied eight Southern California redevelopment areas to determine key features of successful revitalization strategies; related the students' vision statement for Old Town; noted the final report would recommend signage, street lighting, parking and traffic, housing, marketing strategies, and community outreach and promotional events; and introduced students Claire Nyugen and Michael Greenwald. CITY COUNCIL MINUTES Page 2, 8-18-97 Claire Nyugen and Michael Greenwald gave a slide presentation which included proposed Old Town signage; street lighting; parking, pedestrian pathways, and traffic circulation; housing; marketing strategies; and community outreach and promotional events. Mike Ruane explained that the students synthesized the work of six students; the City had key elements which contributed to a successful redevelopment area including input from the Old Town Business Association, City/Redevelopment Agency support, and market trends; student team meetings had been conducted in the Tustin Area Senior Center during the spring quarter; the final report would be submitted in approximately two weeks; and UCI involvement in Old Town by utilizing a student intern on a continuous basis. Councilmember Potts stated that the proposed parking and garden concepts would be an excellent addition to the Old Town area. Mayor Pro Tem Saltarelli commended the UCI students on the report and supported lighting improvements as soon as possible. Councilmember Doyle said he was pleased with the proposed lighting, signage, and garden concepts; traffic speeds would decrease with the diagonal parking; and looked forward to receiving the students' final report. Christine Shingleton, Assistant City Manager, stated the final report was the result of a cooperative team effort, staff would submit to Council in September a recommendation for trial diagonal parking, and would follow-up on lighting suggestions. Mayor Thomas stated he was very impressed with student ideas, strongly favored use of more color and rose bushes, and noted that many of the proposed ideas were cost effective. PUBLIC HEARINGS ( ITEMS 1 THROUGH 3 ) 1. ZONE CHANGE 97-001, FOURTH AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND TENTATIVE TRACT MAP 14396 Dan Fox, Senior Planner, reported the applicant was requesting to relocate an intermediate school site to the southwest corner of Tustin Ranch Road and Pioneer Way and subdivide a 205 -acre site within the Estate/Hillside District to create 113 custom homes, a 20 -acre intermediate school, and a 7.5 -acre equestrian center. He stated the Fourth Amendment to the East Tustin Development Agreement would require the developer to regrade the intermediate school site consistent with the Hillside District Guidelines for Estate Residential Development if a school was not constructed. Council/staff discussion followed regarding size difference between the two school sites; dwellings per acre; a traffic study would be conducted at the middle school site for a potential traffic signal; no habitat restrictions were necessary for the sage scrub; and estate density allowed two units per acre if the middle school was not constructed. Mayor Thomas opened the Public Hearing at 7:53 p.m. The following members of the audience spoke in favor of Zone Change 97-001, Fourth Amendment to the East Tustin Development Agreement and Tentative Tract Map 14396: Dave Conley, The Irvine Company Leason Pomeroy Joe Foust, Austin -Foust Associates, addressed traffic issues associated with construction of the middle school including location of three driveways for school ingress/egress; and the circulation plan for student drop-off. Council/Speaker Foust discussion followed regarding multiple student drop-off sites; alleviating school traffic on Tustin Ranch CITY COUNCIL MINUTES Page 3, 8-18-97 Road; and publishing the proposed school site drawing in the newspapers. There were no other speakers on the subject and the Public Hearing was closed at 8:03 p.m. It was moved by Potts, seconded by Doyle, to adopt the following Resolution No. 97-85 recertifying the Final EIR 85-2 as modified .....� by Addendum No. 7 prepared for subject project; have first reading by title only and introduction of the following Ordinance No. 1185; have first reading by title only and introduction of the following Ordinance No. 1186; and adopt the following Resolution No. 97-86 approving Tentative Tract Map 14396: RESOLUTION NO. 97-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 85-2, AS MODIFIED BY ADDENDUM NO. 7 RELATED TO ZONE CHANGE 97-001, THE FOURTH AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND TENTATIVE TRACT MAP 14396 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ORDINANCE NO. 1185 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT, AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA ORDINANCE NO. 1186 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 97-001 TO RELOCATE THE INTERMEDIATE SCHOOL SITE ON THE EAST TUSTIN LAND USE PLAN FROM SECTOR 2 TO SECTOR 5 AT THE SOUTHWEST CORNER OF TUSTIN RANCH ROAD AND PIONEER WAY, INCLUDING TEXT AND STATISTICAL SUMMARY REVISIONS TO THE EAST TUSTIN SPECIFIC PLAN RESOLUTION NO. 97-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 14396 LOCATED ON LOTS 12, 13, 24 AND 25 OF TRACT 13627 IN THE VICINITY OF TUSTIN RANCH ROAD, PIONEER WAY AND PETERS CANYON ROAD The City Clerk read Ordinance Nos. 1185 and 1186 by title only. Motion carried 4-0, Worley absent. 600-70 610-60 400-10 Mayor Pro Tem Saltarelli stated his support and commended the developer, The Irvine Company, for an excellent project. Mayor Thomas said he supported the project; commended all parties for working cooperatively; and commented on the positive response from area neighbors regarding the equestrian center. 2. RECONSIDERATION OF CONDITIONAL USE PERMIT 90-1 Greg Gubman, Associate Planner, reported that in 1990, Council approved Conditional Use Permit 90-1 allowing Carl's Jr. to construct a 35 foot tall sign at Newport Avenue and the I-5 freeway, subject to reconsideration after completion of the I-5 freeway widening. He stated that based upon staff analysis, the Planning Commission recommended the sign be allowed to remain at its present height. Mayor Thomas opened the Public Hearing at 8:07 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts, seconded by Doyle, to adopt the following Resolution No. 97-79 allowing the sign previously approved under Conditional Use Permit 90-1 to remain without modifications: RESOLUTION NO. 97-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REAFFIRMING APPROVAL OF CONDITIONAL USE PERMIT 90-1 AUTHORIZING THE INSTALLATION OF A DOUBLE-FACED FREEWAY POLE SIGN 35 FEET IN HEIGHT AND 50 SQUARE FEET IN AREA PER SIGN FACE ON THE PROPERTY LOCATED AT 14041 NEWPORT AVENUE CITY COUNCIL MINUTES Page 4, 8-18-97 Motion carried 4-0, Worley absent. 610-40 3. ADOPTING THE CITY BUDGET AND WATER ENTERPRISE BUDGET FOR FISCAL YEAR 1997-98 Ronald Nault, Director of Finance, reported the draft 1997-98 budget was presented to Council in July; two budget workshops had been conducted to review the draft document; and the proposed resolution reflected the budget as originally submitted. He noted that adoption of the State budget does not impact the City's budget. Council/staff discussion followed regarding the State's subventions would remain the same this year. Mayor Thomas opened the Public Hearing at 8:09 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Saltarellit seconded by Doyle, to adopt the following Resolution No. 97-81 appropriating the City's Governmental Funds of $32,185,335.00; Special Revenue Funds of $16,295,270.00; and the City's Water Enterprise Budget of $21,131,491.00: RESOLUTION NO. 97-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR FISCAL YEAR 1997-98 Councilmember Potts stated that he had discussed budget concerns with the City Manager and had requested staff correct the noted areas of concern during the year. Motion carried 4-0, Worley absent. CONSENT CALENDAR ( ITEMS 4 THROUGH 13 ) 330-50 Item No. 10 was removed from the Consent Calendar by Councilmember Potts. It was moved by Potts, seconded by Saltarelli, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Worley absent. 4. APPROVAL OF MINUTES - AUGUST 4, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 4, 1997. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $724,759.75 and ratify Payroll in the amount of $383,265.36. 380-10 360-82 6. PLANNING COMMISSION ACTION AGENDA - AUGUST 11, 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 :August 11, 1997. 120-50 7. RESOLUTION NO. 97-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAPS 15429 AND 15527 LOCATED AT THE NORTHWEST CORNER OF JAMBOREE AND PIONEER ROADS Recommendation: Adopt Resolution No. 97-80 approving Final Tract Maps 15429 and 15527 as recommended by the Community Development Department. 600-70 S. RESOLUTION NO. 97-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THAT THE PROPERTY BEING ACQUIRED FOR THE TUSTIN COMMUTER RAIL STATION SITE DOES NOT EXCEED STATE AND FEDERAL HAZARDOUS WASTE STANDARDS Recommendation: Adopt Resolution No. 97-88 certifying that the property being acquired for the Tustin Commuter Rail Station site does not exceed State and Federal hazardous waste standards as recommended by the Community Development Department. 690-50 CITY COUNCIL MINUTES Page 5, 8-18-97 9• PROGRESS REPORT ON CEDAR GROVE PARR AND HERITAGE WAY PARR Recommendation: Receive and file subject report as recommended by the Community Services Department. 920-65 11. RESOLUTION NO. 97-87 - A RESOLUTION OF THE CITY COUNCIL OF THE20-35 CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL YEAR 1997-98 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AND POOR, SECTION 7910 OF THE GOVERNMENT CODE Recommendation: (1) Select the change in the California per Capita Personal Income as the price factor for adjusting the 1997- 98 appropriation limit and (2) Adopt Resolution No. 97-87 setting the appropriation limit for fiscal year 1997-98 at $32,576,620.00 as recommended by the Finance Department. 330-50 12. TUSTIN SPORTS PARR TENNIS COURTS Recommendation: Receive and file subject report as recommended by the Community Services Department. 930-30 13. RESOLUTION NO. 97-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 97-3 JAMBOREE PLAZA SITE (PARCEL 9) Recommendation: Adopt Resolution No. 97-83 approving Lot Line Adjustment No. 97-3 as recommended by the Public Works Department/Engineering Division. 600-35 CONSENT CALENDAR ITEM NO. 10 - CANINE SALES AGREEMENT Councilmember Potts questioned whether the City would continue paying for the canine's veterinary and food costs, and if not, he believed the City should contribute to those expenses because of the canine's service to the City. William Huston, City Manager, stated that under normal circumstances the handler would assume all costs upon the canine's retirement; however, the City would be willing to review unusual expenses when incurred. It was moved by Potts seconded by Saltarelli, to approve the Sales Agreement between the City of Tustin and Officer Pam Hardacre releasing the City of responsibility and/or liability concerning Police Canine, Artur. Motion carried 4-0, Worley absent. 400-10 REGULAR BUSINESS - None PUBLIC INPUT - None OTHER BUSINESS ORANGE COUNTY COUNCIL OF GOVERNMENTS APPOINTMENT Mayor Thomas requested Mayor Pro Tem Saltarelli be appointed as alternate to serve on the Orange County Council of Governments. Council concurred. CITY MARKETING BROCHURE Mayor Thomas commended staff on the excellent City marketing brochure. PROGEN TECHNOLOGY COMMENDATION Mayor Thomas commented on receipt of a letter from ProGen Technology commending Police Investigator Tolan for investigation of a credit card theft case and requested a copy of the letter be placed in her personnel file. OLD TOWN INSECT PROBLEM Mayor Thomas noted receipt of a letter from a citizen regarding cockroaches in Old Town. CITY COUNCIL MINUTES Page 6, 8-18-97 STAFF APPOINTMENT - NATIONAL ASSOCIATION OF INSTALLATION DEVELOPMENTS Mayor Thomas congratulated Christine Shingleton, Assistant City Manager, on her recent appointment as President of the National Association of Installation Developments. MARCONI MUSEUM - TUSTIN THUNDER Mayor Thomas thanked the Marconi Museum for hosting the successful Tustin Thunder event. HARVARD/WALNUT AVENUE CLOSURE Mayor Thomas questioned how long Harvard/Walnut Avenues would be closed; if special drainage would be constructed; and suggested information and detour signs be installed. Tim Serlet, City Engineer, responded that the closure would be for approximately 2-3 months and the area would be monitored by staff. COMMITTEE REPORTS TRANSPORTATION CORRIDOR LANDSCAPING Councilmember Potts commended Transportation Corridor Agency (TCA) staff, City staff, and residents, Sandy Simon and Nancy Smith, for successful resolution of the TCA landscaping and noted the City would be responsible for slope maintenance. CLOSED SESSION Mayor Thomas announced that the City Council would convene in closed session to confer with the City Attorney regarding pending litigation to which the City was a party: (1) W.D. Franks vs. City of Tustin, et.al WCAB-AHM 0040436; and (2) ETRPA, Tustin et.al vs. County of Orange, Case No. 773843 (assigned to Judge McConnell, San Diego Superior Court). ADJOURNMENT Mayor Thomas adjourned the meeting at 8:24 p.m. The next regular meeting of the City Council was scheduled for Tuesday, September 2, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. K1?%iL THOMAS, RAYOR