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HomeMy WebLinkAbout02 MINUTES 04-07-97MINUTES REGULARMEETING OF THE CITY COUNCIL. CITY OF TUSTIN, CALIFORNIA MARCH 17, 1997 NO. 2 4-7-97 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:00 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 Mr. A1 Enderle. ROLL CALL Council Absent: City Clerk: Others Present: Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli 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 Scott Reekstin, Associate Planner Joe Meyers, Administrative Assistant Greg Gubman, Associate Planner Approximately 2.0 in the audience PROCLAMATION8 NATIONAL COMMUNITY DEVELOPMENT WEEK, MARCH 24-30 Mayor Worley read a proclamation declaring March 24-30, 1997, as National Community Development Week. Rita westfield, Assistant Director of Community Development, thanked Council and accepted the proclamation on behalf of the Community Development Department. STEELCASE, INC. COMMUNITY RECOGNITION Mayor Worley read and presented a proclamation to Steelcase, Inc., recognizing their development of a new air pollution control system. CITY COUNCIL MINUTES Page 2, 3-17-97 Kim Gilpin, Steelcase General Manager, thanked Council for the proclamation and noted the support and cooperation the CitY had given Steelcase in the past. PUBLIC INPUT APPOINT CAPTAIN STEVE FOSTER AS CHIEF OF POLICE Kathy Weil, Tustin Meadows Homeowners Association, urged Council to appoint Captain Steve Foster as Chief of Police. PUBLIC wR~RING (ITEM 1) le VESTING TENTATIVE TRACT MAP 14797 (CATELLUS) Greg Gubman, Associate Planner, reported that the applicant was proposing to construct 122 single-family detached homes on 29.5 acres; the property was located at the northwest corner of Jamboree and Pioneer Roads; the proposed density of the project was 4.1 units .per acre; three project floorplans were proposed; floorplan square footage; the Planning Commission had recommended approval of the Tentative Tract Map; staff had not received public opposition to the project; and the project was in compliance with the East Tustin Specific Plan. Council/staff discussion followed regarding vehicle left-turn movement from the project. Mayor Worley opened the Public Hearing at 7:12 p.m. There were no speakers on the subject and the Public Hearing was closed. Council discussion followed regarding the small lot sizes and disappointment that the de~eloper had not planned a community pool for the residents. It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 97-18, approving the environmental determination for the project: RESOLUTION NO. 97-18 - 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 THE SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 14797 AND APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 97-19, approving Vesting Tentative Tract Map 14797: RESOLUTION NO. 97-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVINGVESTING TENTATIVE TRACT MAP NO. 14797 LOCATED AT THE NORTHWEST'CORNER OF JAMBOREE AND PIONEER CITY COUNCIL MINUTES page 3, 3-17-97 ROADS Motion carried 5-0. COSSStrr C~T,'~m'Z)2'U~ ( 'rTmdS 2 Tm:~:)UG,T 6 ) Item No. 5 was removed from the Consent Calendar by Councilmember Potts. It was moved by Saltarelli, seconded by Potts, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. · APPROVAL OF MINUTES - MARCH 3, 1997 REGULAR MEETING Recommendation: Approve the City Council Minutes of March 3, 1997. · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,794,989.35 and ratify Payroll in the amount of $342,764.04. · PLANNING COMMISSION ACTION AGENDA - March 10, 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 March 10, 1997. · STATUS REPORT: CEDAR GROVE PARK AND HERITAGE WAY PARK Recommendation: Receive and file subject report as recommended by the Community Services Department. CONSENT CALENDAR ITEM NO. 5 - RESOLUTION NO. 97-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1997-98 FISCAL YEAR FOR THE TUSTINLANDSCAPE AND LIGHTING DISTRICT Councilmember Potts questioned if Council approval of this item' would conflict with Proposition 218 in the future. William Huston, City Manager, responded that approval of this item initiated the annual assessment process and staff would report potential Proposition 218 implications at a future Council meeting. It was moved by Potts, seconded by Thomas, to adopt Resolution No. 97-23 ordering the preparation of the Engineer's Report for the levy of annual assessments for the 1997-98 fiscal year for the Tustin Landscape and Lighting District. Motion carried 5-0. REGULAR BUSINESS ( ITEM~ 7 THROUGH 12 ) · REQUEST FOR FUNDING, 'FOOTHILL HIGH SCHOOL GRAD NIGHT Mary Balmages, Foothill High School Grad Night Committee, requested Council's continued financiaI support of $3,000 for Foothill High School Grad Night; noted that high school graduation nights were considered high safety risks for graduates; and stated this year's Grad Night would be held at Palace Park in Irvine. CITY COUNCIL MINUTES Page 4, 3-17-97 · · Council/speaker discussion followed regarding ticket prices and complimentary tickets. It was moved by Potts, seconded by Saltarelli, to appropriate $3,000 for Foothill High School Grad Night. Motion carried 5-0. ANNUAL REVIEW OF INVESTMENT POLICY Council concurred to continue this item to the April 7, 1997 Council meeting, THE MILLS ACT Scott Reekstin, Associate Planner, reported that in 1976, the Mills Act was adopted in California;'the Act reduced property taxes on certain historic properties by 50% or more; in exchange for receiving lower property tax assessments, the historic property owner must sign a contract requiring property maintenance and preservation of the historic property for a minimum of 10 years; maintenance and preservation costs were offset by the owner's reduced property tax payments; legislation was intended to provide an incentive for owners to preserve the community's historic resources; more than 40 cities in California had implemented Mills Act programs; property eligibility requirements; Council program authority; potential property tax revenue impacts to the City; staff's recommendation to exclude redevelopment properties from the program; the Mills Act program was important to the preservation of the City's cultural resources and neighborhoods; program benefits to local businesses' economic stability; and a letter supporting implementation of the Mills Act program had been received by staff. Council/staff discussion followed regarding notifying the Old Town residents of the program; excluding businesses from the Mills Act program;established guidelines were available from other agencies to assist in developing a review procedure; and improvements must be consistent with Secretary of Interior standards. The following member of the audience spoke in favor of implementing the Mills Act~program in Tustin: Linda Jennings, 350 South 'B' Street, Tustin It was moved by Thomas, seconded by Potts, to implement the Mills Act program for A, B, and C-rated residential properties in the Cultural Resources District and areas located outside the Cultural Resources District, with the exclusion of redevelopment areas and commercial properties. Motion carried 5-0. CITY COUNCIL MINUTES Page 5, 3-17-97 10. AUTOMATIC WEAPONS - PROTECTIVE VESTS Steve Foster, Acting Chief of Police, reported that at the May.3, 1997 meeting, Council requested the Police Department conduct a feasibility study regarding supplying each marked patrol unit with AR-15 semiaUtomatic weapons and body armor. He stated several options had been developed; the necessity to update the department!s current fire power; concern regarding outfitting each unit with tactical equipment; recommended Option C: moving the department's two semiautomatic weapons to the Field supervisors' unit, upgrade the site systems and ammunition options, purchase six additional AR-15 rifles to be kept in a readily accessible location in the Police Department, purchase 20 thousand rounds of ammunition for training and tactical response, purchase four sets of body armor and twelve helmets allowing six complete sets available in the field, and upgrading existing 12 gauge shotguns with optional 12 gauge slug ammunition; and he summarized the recommended tactical equipment proposed in each option. Council/staff discussion followed regarding the use of the countywide mutual aid communication system during emergency situations; possible delay in availability of tactical equipment to responding officers if Option C was implemented; officers' preference for Option D; accuracy of the proposed rifle scopes; cost .of supplying equipment to every unit was insubstantial; proposed ammunition would penetrate body armor; the number of body armor and helmets required for field units; SWAT cost and response time; and the importance of providing the Police Department with effective weapons and equipment. It was moved by Doyle, seconded by Thomas, to approve Option D: (1) move the two currently owned .223 semiautomatic rifles to the field supervisor units, upgrade the sighting systems and ammunition options to make them readily available and effective against body armor and vehicles. Train all field officers in the proper use and deployment of the weapons; (2) purchase 24 long- barreled .223 semiautomatic rifles with improved sighting.systems. Maintain one weapon in each patrol unit for immediate response and use by officers. The four remaining weapons would be used for training and qualification purposes; (3) purchase 24,000 rounds of ammunition for training and tactical response use; (4) purchase 30 sets of body armor and 38 Kevlar helmets for tactical response uses; and (5) upgrade the existing 12-gauge shotguns with optional 12-gauge slug ammunition. Train officers and supervisors in the use and deployment of the slug rounds. Council/staff discussion followed regarding potential liability of maintaining weapons in each unit, and adequate training would. mitigate that liability. Motion carried 5-0. CITY COUNCIL MINUTES Page 6, 3-17'97 11. 12. ORDINANCE NO. 1180, TERM LIMITS FOR MEMBERS OF THE CITY COUNCIL It was moved by Thomas, seconded by Doyle, that Ordinance No. 1180 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1180 by the City Clerk, it was moved by Potts, seconded by Thomas, to adopt the following Ordinance No. 1180: ORDINANCE NO. 1180 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE VOTERS' WISHES EXPRESSED ON NOVEMBER 8, 1994, TO LIMIT CONSECUTIVE TERMS OF MEMBERS OF THE CITY COUNCIL Motion carried 5-0 (roll call vote). ORANGE COUNTY LANDFILL FLOW AGREEMENT Joe Meyers, Administrative Assistant, reported that the proposed agreement would obligate all the City's solid waste picked up by the franchise hauler to be deposited at Orange County landfills; the proposed agreement was developed as a result of landfill operations and ownership review following the County bankruptcy; the County had hired a consultant who concluded continued public ownership of landfills was reasonable and in the best interest of maintaining control over rates and landfill capacity; the Orange County City Managers' Association formed a working group, the Solid Waste Working Group, which negotiated directly with the County on the agreement; agreement benefits included a reduction in per ton tipping fee from $27 to $22 and guaranteed landfill capacity for the next 10 years; the County landfill system had approximately 50 years of capacity available; limited indemnification associated with landfill operations would be pursued; Orange County cities were required to commit a minimum waste tonnage to the landfill system for the agreement to become effective; Tustin's committed share was approximately 60,000 tons a year; and a residential rate adjustment would become effective July 1, 1997. Council/staff discussion followed regarding agreement exemption if waste collection was below committed tonnage; Tustin's collected waste laSt year exceeded the required 60,000 tons; and the refuse hauler must deposit waste in Orange County landfills to qu-alify for the $22 gate fee. It was moved by Potts, seconded by Doyle, to approve an Agreement with the County of Orange to obligate the City's solid waste to the Orange County landfill system and contingent upon City Attorney approval, authorize the Mayor to execute the Agreement and direct staff to negotiate a franchise agreement amendment with Great Western Reclamation to implement the terms of the County Agreement and return to the City Council in 90 days. Motion carried 5-0. PUBLIC INPUT -None CITY COUNCIL MINUTES Page 7, 3-17-97 OTHER BUSINESS/COMMITTEE REPORTS - None CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to meet with the City's negotiator, William A. Huston, regarding labor negotiations involving unrepresented management employees. ADJO~ Mayor Worley adjourned the meeting at 8:04 p.m. The City Council scheduled a goal setting workshop on Saturday, March 22, 1997, 8:00 a.m. at the Senior Center; the City Council scheduled a joint'meeting with the Parks and Recreation Commission on April 7, 1997, at 5:00 p.m. .in the Community Center; and the next regular meeting of the City Council was scheduled for April 7, 1997, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKER, CITY CLERK