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Home My WebLink About01 MINUTES 09-02-97 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 18, 1997 NO. 1 9-2-97 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 Gotttieb, 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 CITY COUNCIL MINUTES Page 4, 8-18-97 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 TUSTINRANcH 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 1362.7 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. 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. 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 5, 8-18-97 Motion carried 4-0, WOrley absent. 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 subventions would remain the same this year. the State's 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 Saltarelli, 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 ) 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. · APPROVAL OF MINUTES - AUGUST 4, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 4, 1997. · 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. PLANNING COMMISSION ACTION AGENDA - AUGUST 11, 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 August 11, 1997. CITY COUNCIL MINUTES Page 6, 8-18-97 · 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. · 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. · 11. PROGRESS REPORT ON CEDAR GROVE PARK AND HERITAGE WAY PARK Recommendation: Receive and file subject report as recommended by the Community Services Department. RESOLUTION' NO. 97-87 - A RESOLUTION OF THE CITY COUNCIL OF THE 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 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. 12. TUSTIN SPORTS PARK TENNIS COURTS Recommendation: Receive'and file subject reportas recommended by the Community Services Department. 13. RESOLUTION NO. 97-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTINi 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, 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 CITY COUNCIL MINUTES Page 7, 8-18-97 the City of responsibility and/or liability concerning Police Canine, Artur. Motion carried 4-0, Worley absent. 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. 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. CITY COUNCIL MINUTES Page 8, 8-18-97 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. JEFFERY M. THOMAS, MAYOR PAMELA STOKER, CITY CLERK