HomeMy WebLinkAbout03 MINUTES 07-07-97 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JUNE 16t 1997
NO. 3
7-7-97
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Thomas at 7:00 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The Civil Air
Patrol Color Guard presented Colors and the Pledge of Allegiance was led
by Councilmember Doyle.
INVOCATION
The Invocation was given by Mr. A1 Enderle.
ROLL CALL
Council Absent:
City Clerk:
Others Present:
Council 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
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
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
Greg Gubman, Associate Planner
Dave Gottlieb,. Redevelopment Project Manager
Gary Veeh, Water Services Manager
Approximately 15 in the audience
PROCLAMATION
CHAMBER OF COMMERCE 40TH ANNIVERSARY
Mayor Thomas read and presented a proclamation honoring the
Chamber of Commerce's 40th anniversary.
Lou Bone, Chamber of Commerce President-Elect, stated it was an
honor to have been chosen as the 40th president of the Chamber of
Commerce; thanked Council for the proclamation; and noted the
excellent relationship between the Tustin Chamber of Commerce,
local businesses, and the .City during the past 40 years.
PUBLIC INPUT - None
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PUBLIC HEARINGS (ITEMS i THROUGH 3)
1.
REQUEST TO CONTINUE CODE AMENDMENT TO ARTICLE 5 OF THE TUSTIN CITY
CODE, PUBLIC SAFETY (REQUIRED PAINTING OF VACANT BUILDING EXTERIOR
COVERINGS )
Council concurred to continue this item to the July 7, 1997 City
Council meeting..
WATER QUALITY ORDINANCE NO. 1174
Tim Serlet, City Engineer, reported that the proposed ordinance
established legal authority for implementation and enforcement of
the National Pollution.Discharge Elimination System and explained
that the Federal Clean Water Act mandated separate storm drain
systems obtain permits to prohibit and control the discharge of
pollutants into water ways. He stated that the proposed ordinance
prohibited illicit connections or discharges into the storm drain
system; required new development or significant redevelopment
comply with the Orange County Drainage Area Management Plan and
any conditions that the Public Works Department or Community
Development Department placed on the development to ensure that no
degradation of the waterways occurred; enabled staff to perform
inspections to verify compliance; allowed the City to instigate
enforcement actions ranging from an Order of noncompliance to
criminal sanctions for violations; allowed issuance of permits for
non-storm water discharges necessitated by legal activity
occurring on the property, and would not degrade receiving water
quality; and allowed full cost recovery for the review of any
applications for new development or significant redevelopment or
any inspections that resulted in an order of noncompliance or
criminal sanction.
Council/staff discussion followed regarding City action taken
against individuals dumping into sewers/storm drains; and
initiating Police Department training in environmental
enforcement.
Mayor Thomas opened the public hearing at 7:12 p.m.
The following member of the audience questioned why the City was
adopting a law regarding Tustin Water Corporation drinking water:
Onnolee Elliott, Tustin
Tim serlet, City Engineer, clarified that the proposed ordinance.
governed storm water run-off, and stated City water was tested on
a regular basis and test· results were forwarded to the County
Health Department.
There were no.other speakers on the subject and the public hearing
was closed at 7:14 p.m.·
It was moved by Worley, seconded by Potty, that Ordinance No. 1174
have. first reading by title only. Motion carried 5-0.
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·
Following first reading by title only of Ordinance No. 1174 by the
City Clerk, it was moved by Saltarelli, seconded by Worley, that
the following Ordinance No. 1174 be introduced:
ORDINANCE NO. 1174 - AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, COMPLYING WITH REQUIREMENTS OF THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL STORM
WATER PERMIT FOR THE CITY OF TUSTIN
Motion carried 5-0.
CONSIDERATION OF A LEASE WITH THE UNITED STATES OF AMERICA FOR THE
PREMISES KNOWN AS BUILDING NO. 29 (HANGAR NO. 2) MCAS TUSTIN, AND
A SUBLEASE BETWEEN THE CITY AND WALT DISNEY PICTURES
Christine Shingleton, Assistant City Manager, stated that Building
29 was the southerly blimp hangar on the base and the hangar was
approximately 298,000 square feet. She summarized the proposed
lease between the United States Government and the City including
term was 2 years or until property disposal by the Marine Corps
not to extend beyond July 1, 1999; the lease provided three 1-year
term extensions; the lease charge was 22 cents a square foot; rent
was not charged when a sublease was not occupying the hangar;
monthly utility and service charges were based upon engineering
estimates and would be billed to the sub-lessee; hangar rent would
be deposited in a trust account set up by the Marine Corps to be
used for caretaker, building maintenance and improvements within
the base, and hanger utility charges; 21% of indirect and direct
costs would be drawn from gross rent totals; available rent
offsets for tenant requests for building improvements; the City
was liable for property loss 'or damage; sub-lessee must hold
insurance; the facility must be maintained in a clean and safe
condition; major building maintenance was covered by the trust
account; and filming, production, storage, and office space were
acceptable uses under the lease. She stated that Council
authorization was necessary for staff to complete the lease
negotiations; sublease agreement between Walt Disney Pictures and
the City was not finalized; the sublease was tentatively scheduled
to begin July 1, 1997, for 8 months with an option to extend to a
12-month term; Council authorization permitting staff to conduct
sublease negotiations was recommended; authorize transfer of rent
revenues to the Redevelopment Agency for Base marketing,
administrative, and property management expenses.; and filming
would be conducted inside the hangar which would prevent
additional.incremental noise.
Council/staff discussion followed regarding.that the prime lease
was for 2 years; Disney sublease was 8 months; marketing efforts
were underway to sublease after termination with Disney; Disney's
request to occupy the hangar by July-1, 1997; and prime lease
negotiations with the Government had been occurring since April,
1996.
Mayor Thomas opened the public hearing at 7:26 p.m.
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11.
12.
13.
14.
15.
Adopt the draft Measure M Growth Management Seven Year Capital
Improvement Program (fiscal year 1997-98 through fiscal year 2003-
2004), (b) Adopt the following Resolution No. 97-56 for Master
Plan of Arterial Highways consistency, and (c) Authorize the
Public Works Director/City Engineer to submit the City of Tustin's
Measure M eligibility package, including certification of the
City's Maintenance of Effort and Pavement Management Program, to
the Orange County Transportation Authority as recommended by the
Public Works Department/Engineering Division.
RESOLUTION NO. 97-56 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CONCERNING THE STATUS OF THE
CIRCULATION ELEMENT FOR THE CITY OF TUSTIN
STATUS REPORT:' CEDAR GROVE PARK AND HERITAGE WAY PARK
Recommendation: Receive and file subject report as recommended by
the Community Services Department.
RESOLUTION NO. 97-55 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE ASPHALT
CONCRETE' REHABILITATION AND OVERLAY PROJECT 1996-97 FY (CIP
700001)
Recommendation: Adopt Resolution No. 97-55 accepting said work as
complete and authorizing the recordation of the Notice of
Completion, and direct the City Clerk to: (1) Release the Labor
and Materials Bond not sooner than thirty-five (35) days after the
date of recordation of the Notice of Completion and (2) Release
the Faithful Performance Bond not sooner than one year after the
date of the recordation of the Notice of Completion as recommended
by the Public Works Department/Engineering Division.
RESOLUTION NO. 97-57 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, SUPPORTING CONSOLIDATION OF THE COUNTY
SANITATION DISTRICTS OF ORANGE COUNTY
Recommendation: Adopt Resolution No. 97-57 supporting AB 769
which would permit the consolidation of governing boards of the
County Sanitation Districts of Orange County as recommended by
Mayor Pro Tem Saltarelli.
RESOLUTION NO. 97-53 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS
CONTAINED-IN THE CONFLICT OF INTEREST CODE OF THE CITY OF TUSTIN
Recommendation: Adopt Resolution No. 97-53 modifying the
Appendix, Designated Positions, contained in the City's Conflict
of Interest Code to add the positions of Building Technician,
Assistant Planner and Tustin Community Foundation Executive
Director, and to delete the position of Water Board as recommended
by the City Clerk's office.
PLANNING COMMISSION ACTION AGENDA - JUNE 9, 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
June 9, 1997,
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REGULAR BUSINESS ( ITEMB 16 THROUGH 17)
16.
FEE WAIVERt DINOSAUR DASH
A Tustin Public Schools Foundation representative displayed the
1997 Dinosaur Dash logo designed by a Tustin High School student,
and stated that each year a contest was conducted at the local
high schools for creation of a Dinosaur Dash logo.
It was moved by Saltarelli, seconded by Potts, to waive staff,
equipment, and permit fees for the November 16 1997 Dinosaur
Dash. '
Motion carried 5-0.
17.
WORKSHOP - DRAFT 1997-98 BUDGET
It was moved by Potts, seconded by Worley, to conduct a budget
workshop on July 7, 1997, at 5:30 p.m.
Motion carried 5-0.
PUBLIC INPUT
CLAIM NO. 97-1 - IRWIN GROSS
Irwin Gross, 125 N. ,,B,, Street, Tustin, addressed Council
regarding his Claim No. 97-1 which was scheduled for discussion
during closed session.
OTHER BUSINESS
POLICE DEPARTMENT OPEN HOUSE
Councilmember DoYle reported that the first Police DePartment Open
House held on June 14, 1997, was well attended and many tours were
given.
CHILI COOKOFF/STREET FAIR
Councilmembers Doyle and Worley, Mayor Pro Tem Saltarelli and
Mayor Thomas commented on the high number of peopie in attendance
at the Chili Cookoff/Street Fair, and commended staff for their
efforts. ~
POLICE FIRING RANGE TRAINING SITE
Councilmember Potts reported that during a meeting he had with a
Fullerton Police Captain, a proposed police firing range training
site was discussed and requested the Tustin Police Department
contact Fullerton regarding a regional firing range training site.
ARMY RESERVE REQUEST FOR LAND - MCAS, TUSTIN
Councilmember Worley reported that she,~ Mayor Thomas, and staff
had met with Pentagon officials regarding the Army Reserve's
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Page 8, 6-16-97
request for land on Marine Corps Air Station, Tustin, and the City
would continue their efforts to eliminate that request.
MARINE CORPS AIR STATION, TUSTIN - FUTURE DEVELOPMENT
Mayor Thomas reported that he and the Assistant City Manager had
given a presentation to the Building Industry Association and it
was evident by the number of inquiries that there was substantial
interest in Marine Base development.
STATE OF THE CITY LUNCHEON
Mayor Thomas commended the Chamber of Commerce for a successful
State of the City Luncheon.
EAGLE SCOUT COURT
Mayor Thomas reported on his attendance at an Eagle Scout Court
and he was impressed with the caliber of young men receiving the
awards.
CLOSED SESSION
MaYor Thomas announced that the City Council would convene in closed
session to confer with the City Attorney regarding the following claims:
(1) Claim of Irwin Gross, Claim No. 97-1; (2) Claim of Raymond and Barbara
Bracy, Claim No. 97-5; and (3) Claim of D.S. Richards, Claim No. not
assigned. The City Council would also convene in closed session to confer
with the City Attorney and the City's negotiator regarding real property
negotiations. The property was located at: 275 E. Main Street. The
negotiating parties were the City of Tustin and William Dickinsion. The
negotiations concern price and terms and conditions of a potential
purchase.
COMMITTEE REPORTS
TRANSPORTATION CORRIDOR MEETING
Councilmember Potts stated a successful meeting had been held with
residents regarding~ the Transportation Corridor and if future
meetings were necessary, residents would be notified.
FIRE AUTHORITY IMPASSE
Councilmember Worley reported that the Fire Authority was at
impasse on labor negotiations and the ambulance service issue had
not been resolved.
COUNTY LIBRARIES OPEN SIX DAYS A WEEK
Councilmember Worley reported that the County Library budget was
increased by $1.5 million and all County Libraries would be open
six days per week.
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ADJO~
Mayor Thomas adjourned the meeting at 7:48 p.m. The City Council
scheduled a budget workshop on July 7, 1997, at 5:30 p.m.; and the next
regular meeting of the City Council was scheduled for Monday, July'7,
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 claims of Raymond and Barbara Bracy,
Claim No. 97-5, and· Irwin Gross, Claim'No. 97-1.
MOtion carried 4-0, Doyle absent.
JEFFERY M. THOMAS, MAYOR
PAMELA STOkeR, CITY CLERK