HomeMy WebLinkAboutCC MINUTES 1997 07 21MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JULY 21, 1997
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Thomas at 7:06 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. Christopher Heath, St. Ceciliaals Catholic
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
Others Present: William A. Huston, City Manager
Lois Jeffrey, City Attorney
Christine Shingleton, Assistant City Manager
Elizabeth Binsack, Director of Com. Development
Steve Foster, Acting 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
Martin Pastucha, Field Services Manager
Valerie Crabill, Chief Deputy City Clerk
Sara Pashalides, Associate Planner
Joe Meyers, Administrative Assistant
Dave Gottlieb, Senior Project Manager
Dan Fox, Senior Planner
Bettie Correa, Senior Personnel Analyst
Approximately 35 in the audience
PROCLAMATIONS
1996 WOMAN OF THE YEAR - JUANITA LOVRET
Mayor Thomas read and presented a proclamation honoring Juanita
Lovret as the 1996 Woman of the Year.
Juanita Lovret accepted the proclamation; remarked on the Tustin
landmarks depicted on the proclamation; thanked Council for the
recognition; and stated it was an honor to have been recognized
for her volunteer work.
1996 MAN OF THE YEAR - DONALD SALTARELLI
Mayor Thomas read and presented a proclamation honoring Donald
Saltarelli as the 1996 Man of the Year.
Donald Saltarelli thanked Council for the proclamation, wished
Council continued success and commended them on the remarkable
dedication and service they were providing for the City.
PACIFIC BELL
Mayor Thomas read and presented a proclamation to Pacific Bell for
donating $5,500 to help underwrite costs for the 1997 Concerts in
the Park.
Pam Phelps, Pacific Bell, thanked Council for the proclamation and
stated Pacific Bell was pleased to support the Concert Series and
pledged sponsorship for future City events.
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PRESENTATION
ORANGE COUNTY VECTOR CONTROL BY FABIE COMBS
Fabie Combs, Vector Control representative, reported that the per
property Vector Control 1997/98 assessment would remain at the
current rate; presented an informational video program, "The Bug
Stops Here"; stated she would continue to report Vector Control
information to the City; requested a proclamation recognizing
Orange County Vector Control's 50th Anniversary on August 21,
1997; and invited Council to the event.
Councilmember Doyle commented on Vector Control's prompt,
courteous, and informative response to residents' calls for
service.
PUBLIC INPUT
TUSTIN MEADOWS SIGN INSTALLATION
Fabie Combs, representing Tustin Meadows Association, requested
installation of a sign structure, to be used for homeowner
association information and activities, at the Oxford and Roanoke
Avenues entrance to the Tustin Meadows development.
Council concurred to refer the matter to staff.
CITIZEN COMPLAINT
Onnolee Elliott, Tustin, addressed Council regarding a claim she
had filed and requested termination of specified employees.
Mayor Thomas stated that Council had been listening to the same
comments from the speaker for years; the employees referred to
would not be terminated; and unless issues were raised that
Council could review, the speaker's remarks were unnecessary.
Councilmember Doyle noted his displeasure with the speaker's
comments regarding staff and encouraged residents dissatisfied
with where they reside to relocate.
PUBLIC HEARING (ITEMS 1 THROUGH 2)
1. PUBLIC HEARING TO CONSIDER A FEE ADJUSTMENT FOR SOLID WASTE
COLLECTION FOR THE FISCAL YEAR 1997/98
Ronald Nault, Director of Finance, reported that Waste Management
had submitted calculations to staff regarding proposed rate
adjustments to be placed on the 1997/98 tax roll; explained the
fees included in the calculations; stated staff was working with
Waste Management to verify the rates; said that a final
recommendation would be presented at the August 4, 1997 Council
meeting; and noted that the tax roll increase would be
approximately 5% annually.
Council/staff discussion followed regarding staff's review of the
proposed fee increase prior to the next public hearing.
Mayor Thomas opened the Public Hearing at 7:43 p.m. There were no
speakers on the subject.
It was moved by Potts, seconded by Worley, to continue the Public
Hearing to the August 4, 1997 Council meeting.
Motion carried 5-0.
400-10
2. GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, THIRD AMENDMENT
TO EAST TUSTIN DEVELOPMENT AGREEMENT AND VESTING TENTATIVE TRACT
MAP 15380 (THE IRVINE COMPANY AND RICHMOND AMERICAN HOMES)
Sara Pashalides, Associate Planner, reported that the applicants
were proposing to change the land use designation for a 31 -acre
site located between Jamboree Road, Tustin Ranch Road, and Portola
Parkway; a 12 -acre portion of this site would be changed from
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Page 3, 7-21-97
commercial use to medium -low residential designation; the
remaining 19 acres of the site would be changed from high density
residential to medium -low density residential; 162 single-family
detached units were proposed on the site; the Third Amendment to
the East Tustin Development Agreement would require The Irvine
Company to make financial contributions to the City's Park
Development Fund and convert and maintain an existing grapefruit
orchard to a lemon grove; and the Planning Commission recommended
approval of the project and its concept, site and architectural
plans. She explained that the proposed change to medium -low
density residential would permit a maximum of 310 dwelling units;
the land use designation change would decrease traffic due to
elimination of the commercial use and the reduction of density for
the entire site; the East Tustin Development Agreement amendment
provided that Lot 27 would be developed by Richmond American;
additional standards were included in the Development Agreement to
provide more restrictive development standards than the medium -low
density development standards of the East Tustin Specific Plan;
and the Development Agreement required that side and rear
elevations facing perimeter streets would include additional
architectural variety details and enhancement.
Mayor Thomas opened the Public Hearing at 7:50 p.m.
The following member of the audience spoke in favor of General
Plan Amendment 96-003, Zone Change 96-003, Third Amendment to East
Tustin Development Agreement and Vesting Tentative Tract Map
15380:
Mike LeBlanc, The Irvine Company
Mayor Thomas questioned how the developer planned to vary the roof
elements.
Mel Mercado, Richmond American Homes, responded that a meeting
with staff would be scheduled to refine the roof elements and
elevations.
Council/speaker Mercado discussion followed regarding
architectural variety, roof elevations, and setbacks.
There were no other speakers on the subject and the Public Hearing
was closed at 7:53 p.m.
Councilmember Worley stated she
residential land use rather than
use; remarked on the benefit of
the proposed lower density; and
orchard would remain.
supported single family detached
the original proposed commercial
the 77% traffic reduction due to
stated she was pleased the fruit
Mayor Pro Tem Saltarelli noted that The Irvine Company promoted
the aesthetic value of homes to their retail builders; commented
on the plain architectural style of the 1960s and 1970s; and
supported attractive features for the rear of dwelling units
viewed from Jamboree Road, the primary entrance to the tract.
Mayor Thomas supported an aesthetic architectural view of the
tract from Jamboree Road; encouraged landscaping with mature
trees; noted the significance of the 77% reduction in traffic;
stated this was a good project; and welcomed Richmond American
Homes to Tustin.
Council/staff discussion followed regarding revised project plans
submitted by Richmond American Homes would be reviewed by staff.
It was moved by Potts, seconded by Worley, (1) to adopt the
following Resolution No. 97-58 recertifying final EIR 85-2 as
modified by Addendum No. 6 prepared for this project; (2) to adopt
the following Resolution No. 97-59 approving General Plan
Amendment 96-003; (3) have first reading by title only and
introduction of Ordinance No. 1183; (4) have first reading by
title only and introduction of Ordinance No. 1182; and (5) adopt
the following Resolution No. 97-73 approving Vesting Tentative
Tract No. 15380:
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Page 4, 7-21-97
RESOLUTION NO. 97-58 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL
IMPACT REPORT 85-2, AS MODIFIED BY ADDENDUM NO. 6 RELATED TO
GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, THIRD AMENDMENT
OF THE TUSTIN DEVELOPMENT AGREEMENT, VESTING TENTATIVE TRACT MAP
15380 AND DESIGN REVIEW 96-050 AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 97-59 - A RESOLUTION OF THE CITY COUNCIL OF THE _
CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 96-
003 TO CHANGE THE LAND USE DESIGNATION OF THE CITY'S GENERAL PLAN
LAND USE MAP ON LOT 27, TRACT 13627 WITHIN THE EAST TUSTIN
SPECIFIC PLAN AREA
RESOLUTION NO. 97-73 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP
NO. 15380 LOCATED ON THE SOUTHWEST CORNER OF JAMBOREE ROAD AND
TUSTIN RANCH ROAD 615-20
610-60
Motion carried 5-0. X10710
600-70
The City Clerk read the following Ordinance Nos. 1183 and 1182 by
title only:
ORDINANCE NO. 1183 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-003 TO CHANGE THE
ZONING DESIGNATION AND THE EAST TUSTIN SPECIFIC PLAN LAND USE PLAN
ON LOT 27, TRACT 13627 WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA,
INCLUDING TEXT AND STATISTICAL SUMMARY REVISIONS TO THE EAST
TUSTIN SPECIFIC PLAN
ORDINANCE NO. 1182 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING THE THIRD 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
CONSENT CALENDAR (ITEMS 3 THROUGH 12)
Item No. 8 was removed from the Consent Calendar by Mayor Thomas. It was
moved by Potts, seconded by Worley, to approve the remainder of the
Consent Calendar as recommended by staff. Motion carried 5-0.
3. APPROVAL OF MINUTES - JULY 7, 1997 REGULAR MEETING
Recommendation: Approve the City Council Minutes of July 7, 1997.
4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $2,338,698.90
and ratify Payroll in the amount of $360,204.30. 380-10
360-82
S. RESOLUTION NO. 97-65 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE SYCAMORE AVENUE STORM DRAIN AND BLOCK WALL PROJECT BETWEEN
NEWPORT AVENUE AND THE SR -55 FREEWAY, AND AUTHORIZING
ADVERTISEMENT FOR BIDS (CIP NO. 700149 RDA)
Recommendation: Adopt Resolution No. 97-65 approving the plans
and specifications for the Sycamore Avenue Storm Drain and Block
Wall Project between Newport Avenue and the SR -55 Freeway and
authorizing and directing the City Clerk to advertise for bids,
subject to approval by the Tustin Community Redevelopment Agency
as recommended by the Public Works Department/Engineering
Division. 400-45
6. RESOLUTION NO. 97-72 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE "A" STREET AND MOUNTAIN VIEW DRIVE RECONSTRUCTION PROJECTS
BETWEEN FIRST STREET AND IRVINE BOULEVARD (CIP NOS. 700145 AND
700146)
Recommendation: Adopt Resolution No. 97-72 approving the plans
and specifications for the "A" Street and Mountain View Drive
reconstruction projects between First Street and Irvine Boulevard
and authorizing and directing the City Clerk to advertise for bids
as recommended by the Public Works Department/Engineering
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Division. 400-45
7. AWARD OF CONTRACT FOR THE NEWPORT AVENUE REHABILITATION PROJECT
(CIP NOS. 700126, 700129 AND 700153)
Recommendation: Declare that Sequel Contractors and Hillcrest
Contractors bids are non-responsive and award the Newport Avenue
Rehabilitation Project contract to R.J. Noble Company, in the
amount of $697,611.55 (the lowest responsive bid) as recommended
by the Public Works Department/Engineering Division. 400-45
9. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO BID FOR HVAC
SERVICES
Recommendation: Approve the specifications for Heating,
Ventilating, Air Conditioning Systems (HVAC) Maintenance and
Repair Programs, and authorize staff to solicit bids from
qualified vendors to provide this service as recommended by the
Public Works Department/Field Services Division. 400-45
10. PROGRESS REPORT ON CEDAR GROVE PARR (PROJECT 400041) AND HERITAGE
WAY PARR (PROJECT NO. 400042)
Recommendation: Receive and file as recommended by the Community
Services Department. 920-05
11. RESOLUTION NO 97-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE INDUSTRIAL
DISABILITY OF CHARLES CARVAJAL
Recommendation: Approve Resolution No. 97-74 finding and
determining the industrial disability retirement of Charles
Carvajal as recommended by Personnel Services. 520-60
12. PLANNING COMMISSION ACTION AGENDA - JULY 14, 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
July 14, 1997. 120-50
CONSENT CALENDAR ITEM NO. 8 - APPROVAL OF ADVERTISING BUS SHELTER
LOCATIONS PURSUANT TO TUSTIN CITY CODE SECTION 9404
Mayor Thomas requested staff examine transferring bus shelter advertising
revenue to the City's Park Development Fund.
It was moved by Worley, seconded by Doyle, to approve eleven additional
locations proposed for advertising bus shelters
Motion carried 5-0. 690-35
REGULAR BUSINESS (ITEMS 13 THROUGH 16)
13. ORDINANCE NO. 11841 ADDING CHAPTER 9 TO ARTICLE 5 RELATED TO THE
ABATEMENT OF NUISANCE SHOPPING CARTS AND AMENDING SECTION 1132
RELATED TO CITATION PROCEDURES
Mayor Thomas noted written comments had been received from the
California Grocers Association requesting language modification to
Ordinance No. 1184. He stated the ordinance could be amended in
the future to accommodate their request if the Council desired.
It was moved by Potts, seconded by Saltarelli, to have second
reading by title only and adoption of Ordinance No. 1184.
The City Clerk read the following Ordinance No. 1184 by title
only:
ORDINANCE NO. 1184 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9 TO ARTICLE 5 OF THE TUSTIN
CITY CODE RELATING TO THE ABATEMENT OF SHOPPING CART NUISANCE AND
AMENDING SECTION 1132 OF THE TUSTIN CITY CODE
Motion carried 5-0 (roll call vote) . 440-10
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14. ORDINANCE NO. 1181, PAINTING OF EXTERIOR MATERIALS USED TO SECURE
OPENINGS WITHIN BUILDINGS
It was moved by Doyle, seconded by Saltarelli, to have second
reading by title only and adoption of Ordinance No. 1181.
The City Clerk read. the following Ordinance No. 1181 by title
only:
ORDINANCE NO. 1181 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, PUBLIC SAFETY, CHAPTER
5, PROPERTY MAINTENANCE AND NUISANCE ABATEMENT REGULATIONS AND
STANDARDS, SECTION 5502 OF THE TUSTIN CITY CODE
Motion carried 5-0 (roll call vote).
440-10
15. SERVICE AUTHORITY FOR THE ABATEMENT OF ABANDONED VEHICLES (SAAV)
PROGRAM
It was moved by Saltarelli, seconded by Doyle, to authorize the
Community Development Department to apply to the Orange County
Transportation Authority (OCTA) through the service Authority
Abandoned Vehicles (SAAV) program for funding for the purchase of
a new code enforcement vehicle to support the City's Abandoned
Vehicle Program; and to approve appropriation of funds to the
Community Development Department Passenger Vehicle Account if the
funds are received.
Motion carried 5-0. 390-60
16. QUARTERLY INVESTMENT REPORT ENDING JUNE 30, 1997
It was moved by Potts, seconded by Worley, to receive and file
subject report. -
Motion carried 5-0. 355-50
PUBLIC INPUT - None
OTHER BUSINESS
ADDITION TO CLOSED SESSION AGENDA
Mayor Thomas announced that it was necessary to add real property
negotiations regarding Marine Corps Air Station, Tustin, as an
urgency matter, to the Closed Session Agenda.
It was moved by Doyle, seconded by Potts, that an immediate need
for action regarding real property negotiations for Marine'Corps
Air Station, Tustin, came to the attention of staff after posting
of the agenda.
Motion carried 5-0.
It was moved by Potts, seconded by Worley, to add real property
negotiations for Marine Corps Air Station, Tustin, to the Closed
Session Agenda as an urgency matter.
Motion carried 5-0.
WASHINGTON, D.C. LEASE AGREEMENT NEGOTIATION RESULTS
Councilmember Doyle reported that his tirade at the last meeting
against the Federal Government due to the failed lease agreement
apparently was effective because Council and staff reported their
recent trip to Washington, D.C. appeared to have been successful.
Councilmember Worley reported she and staff made what appeared to
be a successful trip to Washington D.C., and met with elected and
military officials regarding resolution of the failed lease
agreement, Army Reserve request for housing, Moffett Trenches
clean-up, and various other base closure matters.
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ORANGE COUNTY VECTOR CONTROL VIDEO
Councilmember Potts noted the importance of Vector Control in the
County, but voiced his disapproval with political commentary at
the end of Vector Control's video, "The Bug Stops Here."
DOGS IN PARRS
�••. Mayor Pro Tem Saltarelli requested Council review the ordinance
that controls dogs in parks; he had observed dog owners not
complying with the leash law and failing to clean-up after their
pets at the Tustin Sports Park; and he requested installation of
proper signs and the issuance of citations.
PUBLIC COMMENTS
Mayor Pro Tem Saltarelli noted that all citizens were entitled to
address the Council; however, defamation of character and personal
attacks against staff would not be tolerated.
Mayor Thomas stated he would not allow verbal attacks against
staff at future Council meetings.
WEED ABATEMENT - JAMBOREE ROAD MEDIAN
Mayor Thomas requested median weed abatement on Jamboree Road near
the bridge overcrossing.
William Huston, City Manager, responded that the median was
located in the City of Irvine and staff would forward a request
for abatement.
TUSTIN THUNDER - AUGUST 1-3, 1997
Mayor Thomas encouraged residents to attend the Tustin Thunder
event on August 1-3, 1997.
17TH STREET DESALTER DEDICATION
Mayor Thomas encouraged residents to attend the July 22, 1997,
17th Street Desalter dedication ceremony.
BUDGET WORKSHOP - AUGUST 41 1997
Mayor Thomas suggested Council conduct a budget workshop on August
4, 1997, at 5:30 p.m. Council concurred.
JOINT MEETING - TUSTIN UNIFIED SCHOOL DISTRICT
Mayor Thomas suggested Council host a joint meeting with the
Tustin Unified School District Board on September 29, 1997, and
requested staff forward a letter of invitation to the Board.
COMMITTEE REPORTS - None
CLOSED SESSION
Mayor Thomas announced that the City Council shall convene in closed
session to confer with the City Attorney regarding: (1) pending litigation
to which the City was a party; W. D. Franks vs. City of Tustin, et. al.
(WCAB-AHM 0040436); (2) the claims of Gloria Young, Claim No. 97-26 and
D.S. Richards (Claim No. not assigned); and (3) real property negotiations
on interim leasing and ultimate land sale between the U.S. Navy, City of
Tustin, and HON HAI/FOX CONN for property defined as Planning Area No. 11
on the MCAS Tustin site in the vicinity of Red Hill Avenue and Barranca
Parkway pursuant to Government Code Section 54956.8, the negotiations
concern price and other terms of the proposed lease and sale.
• • GIE ,H4
Mayor Thomas adjourned the meeting at 8:20 p.m. The City Council
scheduled a budget workshop on August 4, 1997, at 5:30 p.m.; and the next
regular meeting of the City Council was scheduled for Monday, August 4,
1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way.
CITY COUNCIL MINUTES
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CLOSED SESSION STATEMENT
It was moved and seconded to deny the claim of Gloria Young, Claim No. 97-
26, and direct the City Clerk to send notice to the claimant and the
claimant's attorney.
Motion carried 5-0.
J vlrpw Jr. THOMAS, MAY
LA STOKER, CITY CLERK