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HomeMy WebLinkAbout02 MINUTES 08-04-97NO. 2 8-4-97 MINUTES REGULAR MEETING OF THE CITY COUNCl~ 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. Cecilia's Catholic Church. ROLL CALL Council Present: Council Absent: city Clerk: Others Present: Jeffery M. Thomas, Mayor Thomas R. Saltarelli, Mayor Pro Tem Mike Doyle Jim Potts Tracy Wills Worley None Pamela Stoker 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 CITY COUNCIL MINUTES Page 2, 7-21-97 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. 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' ' service, calls for 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. CITY COUNCIL MINUTES Page 3, 7-21-97 PU~LICHEA]~ING (ITEMS 1 T]tROUGH Z) 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. 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 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 ~o 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. CITY COUNCIL MINUTES Page 4, 7-21-97 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 supported single family detached residential land use rather than the original proposed commercial use; remarked on the benefit of the 77% traffic reduction due to the proposed lower density; and stated she was pleased the fruit orchard would remain. Mayor Pro Tem Saltarelli noted that The Irvine Company promOted the aesthetic value o.f 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: 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 CITY COUNCIL MINUTES Page 5, 7-21-97 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 Motion carried 5-0. The City Clerk read the following Ordinance Nos. 1183 and 1182 by title only: ORDINANCE NO. 1153 - 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 (ITEM~ 3 THROUGH 12) Item No. 8 was removed from the Consent Calendar by Mayor Thomas. It was moved by Potts, seconded by Worle¥, to approve the remainder of the' Consent Calendar as recommended by staff. Motion carried 5-0. APPROVAL OF MINUTES - JULY 7,~ 1997 REGULAR MEETING Recommendation:. Approve the City Council Minutes of July 7, 1997. 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. e RESOLUTION NO. 97-65' - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVINGPLANSAND 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 CITY COUNCIL MINUTES Page 6, 7-21,97 as recommended by the Public Works Department/Engineering Division. · 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 Division. · 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. · 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. 10. PROGRESS REPORT ON CEDAR GROVE PARK (PROJECT 400041) AND HERITAGE WAY PARK (PROJECT NO. 400042) Recommendation: Receive and file as recommended by the Community Services Department.. 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. 12. PLANNING COMMISSION ACTION AGENDA - JULY 14, 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 July 14, 1997. 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 Worle¥, seconded by Doyle, to approve eleven additional CITY COUNCIL MINUTES Page 7, 7-21-97 locations proposed for advertising bus shelters Motion carried 5-0. REGULAR BUSINESS (ITEM~ 13 THROUGH 16) 13. ORDINANCE NO. 1184, 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). 14. ORDINANCE NO. 1181, PAINTING OF EXTERIOR MATERIALS USED TO SECURE OPENINGSWITHIN 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). 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. CITY COUNCIL MINUTES Page 8, 7-21-97 Motion carried 5-0. 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. 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. 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 PARKS 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 CITY COUNCIL MINUTES Page 9, 7-21-97 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 4, 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. CITY COUNCIL MINUTES Page 10, 7-21-97 ADJO~~ 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. 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. JEFFERY M. THOMAS, MAYOR PAMELA STOKER, CITY CLERK