The URL can be used to link to this page

Home My WebLink About01 MINUTES 11-17-97 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 3, 1997 NO. 1 11-17-97 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was-called to order by Mayor Thomas at 7:02 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Saltarelli. INVOCATION The Invocation was given by Rev. Christopher Heath, St. Cecilia's 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 George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development Steve Foster, Chief of Police 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 Larry Schutz, Assistant Finance Director Sergio Sanchez, Accounting Supervisor Robert Schoenkopf, ~Police Lieutenant Brad Evanson, Assistant Planner Mark Leyman, Recreation CoordinatOr Approximately 30 in the audience PROCLAMATIONS TILLER DAYS ORGANIZING AND PARADE COMMITTEES Mayor Thomas read and presented proclamations to the Tiller Days Organizing Committee: Linda Andrews, Beverly Barrington, Kim Bass, Don Biery, Cherrill Cady, Todd Ferguson, Kenn Hobson, Maureen Holthe, Kathy Kelley, Dale Mittbo, Dave Vandaveer, Julie Wagner, Breakfast Lions, Tustin Host Lions, and Tustin Rotary; and to the Tiller Days Parade Committee: Beverly Barrington, Cherrill Cady, Marisa Charette, Dave Denton, Ardelle Hill, Vivien Owen, and Lowell Sneathen. CITY COUNCIL MINUTES Page 2, 11-3-97 Cherrill Cady, Tiller Days Parade Committee, presented Council with a plaque from the California State~Horsemen's Association, in aPpreciation of the City inviting the Association to participate in the Tiller Days Parade for the past two years. Dave Vandaveer, Tiller Days Organizing Committee Chair, thanked Council for the proclamations; announced he was retiring as Committee Chair; and introduced next year's Chair, Todd Ferguson. Todd Ferguson stated the Tiller Day events showcased organizations and youth groups in the City; presented an opportunity to raise funding for non-profit groups; and participating vendors had said Tiller Days was the best special event held in the community. Linda Andrews, Tiller Days Organizing Committee, thanked Council for the proclamations; announced that next year would mark the 20- year anniversary she and Cherrill Cady had worked as Tiller Days Committee members; thanked Council and staff for their support; and remarked on how this event presented fundraising opportunities for~ area non-profit organizations. PRESENTATIONS MOTHERS AGAINST DRUNK DRIVERS (MADD) RECOGNITION OF POLICE OFFICERS BLACK AND KILGORE Bob Marlow, MADD, reported that a new MADD office had moved to Tustin; the group presented recognition awards to qualifying officers who had 25 or more drunk driving arrests during one year; and read and presented proclamations to Officer Mark Black, for arresting 46 drunk drivers, and to Officer Pat Kilgore, for arresting 53 drunk drivers. CALIFORNIA STATE HORSEMEN'S ASSOCIATION PLAQUE cherrill Cady, on behalf of the' California State-Horsemen's Association, stated the Association was pleased to have been associated with a quality event such as the Tiller Days Parade; and the plaque from the Association was presented to Council in appreciation of being invited to participate in. the Parade. PUBLIC INPUT COMMUTER RAIL STATION Anthony Trujillo,. Tustin, spoke in opposition to the commuter rail station. Councilmember Worley clarified that the City was building a commuter rail platform'only. Councilmember Potts stated that over 50 trains would be traveling through Tustin and a rail platform was necessary to allow passengers to disembark and patronize businesses in the community. CITY COUNCIL MINUTES Page 3, 11-3-97 PUBLIC 1T~ARZNGS (ITEMS I THROUGH 3) le CODE AMENDMENT 97-001 (CITY OF TUSTIN) Dan Fox, Senior Planner, reported the proposed amendment to the Zoning Code allowed home occupations as outright permitted uses within the Planned Development Zoning District; currently all uses within the Planned Development District required a conditional use permit; home occupations were identified in all other Residential Districts as outright permitted uses; the proposed amendment would provide consistency in business license processing and improve the license processing time for home occupations; new development was not anticipated; and the Planning Commission had recommended approval of the amendment at their October 13, 1997 meeting. Council/staff discussion followed regarding inconsistencies in home occupation uses. the past Mayor Thomas opened the Public Hearing at 7:25 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Worley, seconded by Saltarelli, to adopt the following Resolution No. 97-103 approving the environmental determination for the project: RESOLUTION NO. 97-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 97-001 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. 1189. Motion carried 5-0. The City Clerk read the following Ordinance No. 1189 by title only: ORDINANCE NO. 1189 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE SECTION 9224b, PLANNED DEVELOPMENT DISTRICT, TO IDENTIFY HOME OCCUPATIONS AS OUTRIGHT PERMITTED'USES CONSISTENT WITH OTHER RESIDENTIAL. ZONING DISTRICTS · ZONE CHANGE 97-003 AND VESTING TENTATIVE TRACT 15420 Dan Fox, Senior Planner, reported the applicant was proposing an amendment to the East Tustin Specific Plan to reduce front yard setbacks for side entry garages from 20 feet to 10 feet; currently a 20 foot front yard setback for all building structures was required in that area; other low density designations required garages to be 5 feet from the property or have long driveways; the applicant was proposing a 10 foot side entry garage to accommodate CITY COUNCIL MINUTES Page 4, 11-3-97 a particular product developed for this area; if the zone change was approved, the applicant was also requesting approval of a subdivision for 75 single-family detached lots; the site was located within the low density designation; the project was in compliance with development standards for the East Tustin area; the project, was below 4 ~units per acre; and the Planning Commission recommended approval of the zone change and subdivision map at their October 27, 1997 meeting. Council/staff discussion followed regarding the proposed side entry garages. Mayor Thomas opened the Public Hearing at 7:29 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. 97-104 approving the environmental determination for the project: RESOLUTION NO. 97-104 - 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 ZONE CHANGE 97-003, VESTING TENTATIVE TRACT MAP 15420 AND DESIGN REVIEW 96-057. 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 Worley, to have first reading by title only and introduction of Ordinance No. 1190; and to adopt the following Resolution No. 97-105 approving Vesting Tentative Tract Map 15420: RESOLUTION NO. 97-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 15420 LOCATED ON THE WEST SIDE OF TOWNSHIP DRIVE OPPOSITE CLEARY COURT Mayor Thomas and Councilmember Worley commended the architectural design of the project. Motion carried 5-0. The City Clerk read the following~ Ordinance No. 1190 by title only: ORDINANCE NO. ~90 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 97-003 TO AMEND SECTION 3.6.3.A OF THE EAST TUSTIN SPECIFIC PLAN TO ACCOMMODATE SIDE ENTRY GARAGE SETBACKS WITHIN THE LOW DENSITY LAND USE DESIGNATIONS WITHIN SECTOR 8, 9 AND 10 OF THE EAST TUSTIN SPECIFIC PLAN AREA CITY COUNCIL MINUTES Page 5, 11-3-97 ZONE CHANGE 97-002 AND VESTING TENTATIVE PARCEL MAP 97-164 (CALIFORNIA PACIFIC EQUITIES) Dan Fox, Senior Planner, reported that Jamboree Plaza. was located at Edinger Avenue and Jamboree Road; the proposed plan reorganized the site based upon the acquisition of the commuter rail site and new property ownership; the density and building square-footage was reduced; allowed uses remained unchanged; the proposed project was in compliance with the original Jamboree Plaza development standards; and the Planning Commission recommended approval of the project at their October 27, 1997 meeting. MayOr Thomas opened the Public Hearing at 7:33 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts, seconded by Worley, to adopt the following Resolution No. 97-108 certifying the Negative Declaration as adequate for the project; have first reading by title only and 'introduction of Ordinance No. 1191; and adopt the following Resolution No. 97-109 approving Vesting Tentative Parcel Map 97- 164: RESOLUTION NO. 97-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE TIERED NEGATIVE DECLARATION PREPARED FOR THE JAMBOREE PLAZA DISTRICT REGULATIONS IS ADEQUATE FOR ZONE CHANGE 97-002, TENTATIVE PARCEL MAP 97-164 AND DESIGN REVIEW 97-016. APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 97-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 97- 164 LOCATED IN JAMBOREE PLAZA ON THE NORTHWEST CORNER OF JAMBOREE ROAD AND EDINGER AVENUE Motion carried 5-0. The City clerk read the following Ordinance No. 1191 by title only: ORDINANCE NO. 1191 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 97-002 TO AMEND SECTION 2.0' AND EXHIBIT 1 OF THE JAMBOREE PLAZA DISTRICT REGULATIONS TO MODIFY THE PLANNING AREA BOUNDARIES WITHIN THE JAMBOREE PLAZA DEVELOPMENT' LOCATED ON THE NORTHWEST CORNER OF EDINGER AVENUE AND JAMBOREE ROAD CONSENT CALENDAR ( ITEMS 4 THROUGH 15 ) It was moved by Doyle, seconded by Saltarelli, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. · APPROVAL OF MINUTES - OCTOBER 20, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 20, 1997. CITY COUNCIL MINUTES Page 6, 11-3-97 e · Se · 10. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,888,079.63 and ratify Payroll in the amount of $360,495.75. AWARD OF CONTRACT FOR THE "B" STREET AND "C" STREET RECONSTRUCTION BETWEEN FIRST STREET AND IRVINE BOULEVARD (CIP NOS. 700151 AND 700150) Recommendation: Award subject contract to Sequel Contractors, Inc. in the amount of $290,872.50 and authorize the Mayor, and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 97-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO RELEASE A PORTION OF THE COMBINED TRANSPORTATION PROGRAM FUNDS FOR THE JAMBOREE ROAD/EDINGER AVENUE INTERCHANGE AS A PART OF THE MOULTON PARKWAY SMART STREET PROJECT (PROJECT NO. 700154) Recommendation: Adopt Resolution No. 97-102 requesting Orange County Transportation Authority release a portion of the Combined Transportation Program Funds for the Jamboree Road/Edinger Avenue Interchange project as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 97-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF TUSTIN, CALIFORNIA, AUTHORIZING THE APPLICATION FOR TRADE AND COMMERCE FUNDS TO OFFSET CONSTRUCTION COSTS ASSOCIATED'WITH THE CLOSURE AND REUSE OF MARINE CORPS AIR STATION, TUSTIN Recommendation: Adopt ResOlution No. 97-107 approving the following actions: (1) Approve the filing of an application to the California Trade and Commerce Agency for $300,000 in California Defense Adjustment Matching Grant funds to offset construction costs associated with the extension of two proposed Phase I roadways through the Marine Corps Air Station Tustin to support the approved Reuse Plan and rapid redevelopment and job creation for the community; and (2) 'Appoint the Assistant City Manager or her authorized representative as the agent to apply, approve, sign and execute in the name of the City of Tustin any documents necessary for applying for funding under the California Trade and Commerce Agency's Defense Adjustment Matching Grant Program and for entering into an agreement, including any amendments thereto, with the Trade and Commerce Agency in the event that funding is'awarded under that program as recommended by the Community Development Department. AMENDMENT TO REDEVELOPMENT PROJECT AREA AGREEMENT BETWEEN THE CITY OF TUSTIN, TUSTIN COMMUNITY'REDEVELOPMENT AGENCY AND THE CITY OF IRVINE Recommendation: Approve Amendment No. 1 to the Agreement between the City of Tustin, Tustin Community Redevelopment Agency and the City of Irvine as recommended by the Redevelopment staff. PLANNING COMMISSION ACTION AGENDA - OCTOBER 27, 1997 Ail 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 CITY COUNCIL MINUTES Page 7, 11-3-97 October 27, 1997. 11. RESOLUTION NO. 97-106 - A:RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAPS 15502 AND 15503 LOCATED WEST OF JAMBOREE ROAD BETWEEN TUSTIN RANCH ROAD AND PORTOLA PARKWAY Recommendation: Adopt Resolution No. 97-106 approving Final Tract Maps 15502 and 15503 as recommended by the Community Development Department. 12. DENIAL OF CLAIM NO. 97-39, CLAIMANT: JONATHAN URSHAN Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the city Attorney. 13. DENIAL OF CLAIM NO. 97-37, CLAIMANT: SAID ABDELSAYED Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 14. DENIAL OF CLAIM NO. 97-42, CLAIMANT: TODD A. JOHNSON Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. 15. DENIAL OF CLAIM NO. 97-24, CLAIMANT: SAMUEL EDENS Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. REGULAR BUSINESS - None OTHER BUSINESS TUSTIN HIGH SCHOOL FOOTBALL'TEAM Councilmember Doyle encouraged the Tustin High School football team to continue their undefeated record. COST INCREASE IN PAY TELEPHONE CALLS Councilmember Doyle reported that pay telephone calls had been increased to 35 cents. MCFADDEN AVENUE/SE-55 FREEWAY WALL Councilmember Potts questioned the status of the mitigating wall at McFadden Avenue and the SR-55 freeway. Tim Serlet, City Engineer, responded that award of contract for the project was scheduled for the November 17, 1997 Council meeting. JAMBOREE ROAD BIKE/HIKING TRAIL EXTENSION Councilmember Potts requested agendizing the status of the CITY COUNCIL MINUTES Page 8, 11-3-97 bike/hiking trail extension from Jamboree Road to the ocean. AT&T SERVICE LIMITATION Councilmember Potts wanted the public to be aware that AT&T was unable to physically perform telephone installations. NEW CITY TELEPHONE AREA CODE Councilmember Worley reported thatTustin was scheduled to receive a new area code in April 1998, and expressed opposition. Christine Shingleton, Assistant City Manager, responded that efforts to appeal would be very expensive and the majority of the City would remain in area code 714 with the Marine Corps Air Facility and portion of the southeast area receiving the new area code. POST OFFICE Councilmember Worley reported she had been at the post office during the lunch hour and while accessing the parking lot was difficult, waiting in a long line took only four minutes before she reCeived service because all windows were open to customers. FOOTHILL HIGH SCHOOL WATER POLO TEAM Mayor Pro Tem Saltarelli congratulated Foothill High School Water Polo team for achieving State championship. CONFLICT OF INTEREST - PLANNING COMMISSIONER Mayor Pro Tem Saltarelli requested a status report on possible conflict of interest involving a Planning Commissioner's property adjacent to the Marine Corps Air Facility. Lois Jeffrey, City Attorney, responded that a report was being prepared for Council on the matter. MAYOR'S PRAYER BREAKFAST Mayor Thomas reminded everyone that the Mayor's Prayer Breakfast would be held on November 21, 1997. TUSTIN AND FOOTHILL HIGH SCHOOL ATHLETIC TEAMS Mayor Thomas commented on the excellent caliber of sport teams from Tustin and Foothill High Schools. PUBLIC INPUT - None COMMITTEE REPORTS EASTERN TRANSPORTATION CORRIDOR Councilmember Potts gave a status report on the construction of CITY COUNCIL MINUTES Page 9, 11-3-97 the Eastern Transportation Corridor and related flood problems. CLOSED SESSION Mayor Thomas announced the City Council would convene in closed session to confer with the City Attorney regarding: (1) pending litigation to which the City was a party, Charles Carvajal vs. City of Tustin, AHM 0055060; (2) pending litigation to which the City was a party, ETRPA, et. al. vs. County of Orange, Case No. 773843 (consolidated with other cases and assigned to Judge McConnell in San Diego Superior Court); (3) real property negotiations involving 275 E. Main Street, owned by the Dickinson Family Trust, negotiations include price and other terms and conditions; and (4) initiation of litigation, one case. ADJOURNMENT Mayor Thomas adjourned the meeting at 7:47 p.m in memory of John Seymour. The next regular meeting of the City Council was scheduled for Monday, November 17, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial way. JEFFERY M. THOMAS, MAYOR PAMELA STOKER, CITY CLERK