HomeMy WebLinkAboutCC MINUTES 1996 07 01MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JULY 1, 1996
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Worley at 7:09 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Mayor Pro Tem Thomas.
INVOCATION
The Invocation was given by Rev. Reese Riley, St. Paul's Episcopal Church.
ROLL CALL
Council Present: Tracy Wills Worley, Mayor
Jeffery M. Thomas, Mayor Pro Tem
Mike Doyle
Thomas R. Saltarelli
Council Absent: Jim Potts
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
W. Douglas Franks, 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
Valerie Crabill, Chief Deputy City Clerk
Dan Fox, Senior Planner
Bettie Correa, Senior Personnel Analyst
Gary Veeh, Water Service Manager
Approximately 90 in the audience
PUBLIC INPUT
LEFT -TURN MOVEMENT - IRVINE BOULEVARD
Robert Wehn, 18082 Lillian Way, Tustin, complained about the delay
in the left -turn movement on Irvine Boulevard at Prospect and Holt
Avenues.
Tim Serlet, Director of Public Works, responded that staff was
currently studying City-wide left -turn movements including the
subject intersections.
SIDEWALK ART EXHIBITS - TUSTIN HEIGHTS CENTER
Jane Gyerman, 1088 Irvine Boulevard, Tustin, and Ruth Harmon,
13271 Fairmont Way, Santa Ana, requested Council assistance in
gaining Planning Commission approval to hold sidewalk art exhibits
at Tustin Heights Center.
Mayor Worley stated that staff would investigate the matter.
P--� PUBLIC HEARINGS (ITEMS 1 THROUGH 4)
!3. LEVY OF ANNUAL ASSESSMENTS FOR THE 1996-97 FISCAL YEAR FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT (Agenda Order)
Tim Serlet, Director of Public Works, reported that the Tustin
Landscape and Lighting District was established on July 15, 1985;
the District consisted of 4,827 parcels, 859 street lights, and 44
acres of parkway and slope landscaping; it was divided into seven
benefit assessment zones; 1996-97 assessments had not increased;
and a new contract for Landscape and Lighting District landscaping
would be presented at the July 15, 1996 Council meeting.
Council/staff discussion followed regarding potential reduction in
future assessments upon Landscape and Lighting District buildout.
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Page 2, 7-1-96
Mayor Worley opened the public hearing at 7:22 p.m. There were no
speakers on the subject and the public hearing was closed.
It was moved by Thomas, seconded by Saltarelli, to adopt the
following Resolution No. 96-72 ordering the annexation of
additional territory to Tustin Landscape and Lighting District and
confirming the annual levy of assessments:
RESOLUTION NO. 96-72 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL
TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1996-
97 FISCAL YEAR LEVY OF ASSESSMENTS FOR THE IMPROVEMENT,
MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING AND LIGHTING
FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
Motion carried 4-0, Potts absent.
340-60
4. ADOPTING THE CITY BUDGET AND WATER ENTERPRISE BUDGET FOR THE
FISCAL YEAR 1996-97 (Agenda Order)
William Huston, City Manager, reported that staff recommended
including in the budget $20,000.00 in police overtime for a
special enforcement detail; stated the Historical Society had
requested $7,500.00, the same amount Council granted last year for
facility rent; a non -departmental discretionary fund for various
non-profit funding requests could be included in the budget upon
Council approval; staff recommended an $11,000.00 reduction in
Community Development Block Grant funding due to final entitlement
from the Department of Housing and Urban Development; and he noted
a computer needs assessment and deferred maintenance account for
capital facilities would be presented to Council in October.
Council/staff discussion followed regarding that a discretionary
fund had been included in the budget in the past but had been
discontinued; continue reviewing funding requests on a case-by-
case basis; Tustin Community Foundation objective was to raise and
disperse funds to the community; Historical Society's funding
request was the same as last year; a fundraising event had been
delayed; and the requested amount would benefit the Historical
Society.
It was moved by Saltarelli, seconded by Doyle, to approve a
$7,500.00 allocation to the Historical Society in the 1996/97
budget.
Motion carried 4-0, Potts absent.
Mayor Worley 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 Doyle, seconded by Thomas, to adopt the following
Resolution No. 96-76 appropriating the City's Governmental Funds
of $36,093,985.00; Special Revenue Funds of $8,824,002.00; and the
City's Water Enterprise Budget of $15,488,389.00:
RESOLUTION NO. 96-76 - 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 THE
FISCAL YEAR 1996-97
Motion carried 4-0, Potts absent.
330-50
1. AMENDMENT TO VESTING TENTATIVE TRACT MAP 13908 AND APPEAL OF
DESIGN REVIrW 95-042 (BRAMALEA)
Dan Fox, Senior Planner, reported that the San Marino development
had been approved in 1990 for 97 single family detached dwellings;
the site was located at the southwest corner of Tustin Ranch Road
and Township Drive; to date, 27 units had been completed; the
Planning Commission had recently approved a revised project
presented by the applicant; the revised project included
construction of three updated original units, the addition of two
CITY COUNCIL MINUTES
Page 3, 7-1-96
new dwelling units and a number of other specific elements; noted
that the San Marino Homeowners Association's appeal of the
Planning Commission action; a variety of amenity levels and
elevation details had been under discussion; and the applicant and
appellant had reached a compromise prior to the Council meeting.
Mayor Worley opened the public hearing at 7:33 p.m.
The following members of the audience spoke in favor of a
compromise reached between Bramalea and the San Marino Homeowners
Association agreeing to condition modifications including
skylights would be standard in certain plans; a separate marketing
name used for the balance of the development; new plan numbers for
the new product line; wood sectional garage doors standard
throughout the remainder of the development; living room
fireplaces standard in all plans; standard clay roof tiles;
standard premium quality vinyl windows with an option at builder's
cost for premium wood windows; and future review of proposed plan
#3:
Christopher Clark, San Marino Homeowners Association
representative
Jeff Roos, Bramalea California, Inc.
Council/ speakers discussion followed regarding that the residents
had compromised on north/south separation of the complex; and the
proposed agreement was final.
The following member of the audience voiced concern regarding
Bramalea requesting future modifications on the project; requested
the City remain firm in agreements with developers to prevent
modifications subsequent to project approval; and requested
investigation into Lennar Corporation, the company acquiring
Bramalea, for reported inferior construction in Dade County,
Florida:
Carl Hatterman
There were no other speakers on the subject and the public hearing
was closed at 7:48 p.m.
Councilmember Saltarelli stated his displeasure that the San
Marino residents were subjected to negotiate a compromise with the
developer; the original plan depicted high quality homes and a
homogeneous neighborhood; the 27 homeowners' belief upon purchase
of their homes that the remaining homes would be constructed to
standards set forth in a Council -approved Design Review; the
City's reputation of cooperating with developers during the
recession; and questioned whether the homeowners would prefer to
have the lots remain vacant rather than compromise on the proposed
new home prr; duct .
Mr. Clark responded that the homeowners would prefer construction
of the original proposed development, but feared what future
development would bring if the compromise was voided.
Councilmember Saltarelli stated he was reluctant to approve the
project, believed the residents felt forced to approve the
compromise rather than leave the land vacant, and this was a major
Council policy decision that would impact future developments.
Mayor Worley stated her opposition to questioning the compromise
that had been reached after difficult and lengthy negotiations.
Mayor Pro Tem Thomas stated that the homeowners should meet for
additional discussion of the proposed options; said he was
hesitant about voting on this issue without a full Council
present; and the importance of Council representing the residents
on this issue.
Mayor Worley reopened the public hearing at 8:07 p.m.
The following member of the audience spoke regarding the
homeowners' wish to leave the land vacant rather than construct
CITY COUNCIL MINUTES
Page 4, 7-1-96
the proposed product; supported the original proposed development;
the homeowners were forced to compromise on this issue; and stated
that Council should remain firm regarding past approved
developments:
Mark Franzen, San Marino resident
The followiig member of the audience stated that the original
product had been approved in 1989; the product had not sold well;
Bramalea had planned to build the project as originally proposed;
changing market conditions must be addressed; Bramalea had worked
with the homeowners for an acceptable new product line; described
the new product and its modifications; and supported the proposed
modifications:
Jeff Roos, Bramalea California, Inc.
Council/speaker Roos discussion followed regarding proposed roof
and window design modifications; architectural similarities
between the existing plans and proposed plans; modification of the
product line had been based upon market analysis; and Bramalea had
lost $20 million on the San Marino development.
The following member of the audience commended Councilmember
Saltarelli for stating his concerns on this matter; and requested
the remainir-j Councilmembers state their position regarding future
developers requesting product modifications after Council
approval:
Michael Nermon, 2460 Kiser, Tustin
The following member of the audience spoke regarding the
homeowners voting on whether to accept the compromise; homeowners'
fear that a Council tie vote would result in approval of the --
Planning Commission recommendation without homeowner -approved
project modifications; San Marino Homeowners Association's
preference that Council deny the proposed compromise
modifications; and the homeowners believed there was no
alternative other than accepting the proposed compromise:
Christopher Clark, San Marino Homeowners Association
representative
Mayor Worley closed the public hearing at 8:26 p.m.
Mayor Worley noted that the majority of people who purchased homes
in the past 5 years had lost money; developers should not be
penalized because of the poor housing market; she opposed product
downsizing in this project; the proposed density remained the same
as the original project; commented on the custom homes in Newport
Coast installing vinyl windows; maintenance was easier with wooden
garage doors; the developer would have built the original design
if the product had sold; the proposed product line looked almost
identical to the original homes; noted the developer's compromise
of constructing three fireplaces; Council's objective was to
approve a quality product for the development; the compromise
reached was reasonable; and she commended both parties for
attaining a quality solution.
Council/speaker Roos discussion followed regarding the developer's
wish for immediate resolution of the issue.
Mayor Pro Tom Thomas stated he was concerned that all Council was
not present to vote on the subject; noted the number of developer
requests occurring in Tustin Ranch to modify projects subsequent
to Council approval; requested assurance that the homeowners
accepted the proposed product compromise; and opposed the proposed
modifications.
Councilmember Doyle stated that the housing market had changed;
remarked on the homogeneity of the housing projects in Tustin
Ranch; opposed requirements for certain interior amenities;
questioned if a compromise had been reached; said that Bramalea
could not complete project build -out using the original plans; and
CITY COUNCIL MINUTES
Page 5, 7-1-96
stated concern that vacant lots would remain for years if the
proposed project was not approved.
Council/staff/speakers discussion followed regarding San Marino
homeowners were unhappy agreeing to the compromise; Bramalea did
not want to delay action on the item in order to have all Council
present to vote on the issue; compromise was the best solution;
and clarification of the recommendations.
Councilmember Saltarelli stated that the proposed home design was
different from the original; the lack of homogeneity between the
two product lines; the proposed change in materials and amenities;
potential confusion to future brokers selling the new products;
opposed the Planning Commission's recommendation; the importance
of homogeneity in Tustin Ranch; voiced concern with the developer
changing design after one phase had been constructed; and opposed
modifying the San Marino development.
Council/staff discussion followed regarding resolutions would be
submitted to Council for ratification in 30 days because of
Councilmember Saltarelli's absence from the July 15, 1996 meeting;
three votes were required for approving amendments to the
Tentative Tract Map; and a Council tie vote would negate all
compromises agreed to by both parties.
It was moved by Dile, seconded by Worley, to modify the Planning
Commission's action of Design Review 95-042 and approve Amendment
to Tentative Tract Map 13908, with the following conditions:
skylights would be standard in certain plans, a separate marketing
name usedfor the balance of the development, new plan numbers
would be used for the new product line, wood sectional garage
doors standard throughout the remainder of the development, living
room fireplaces standard in all plans, standard clay roof tiles,
and standard premium quality vinyl windows with an option at
builder's cost for premium wood windows; and approve the
environmental determination for the project.
Mayor Worley recessed the meeting at 9:00 p.m. The meeting reconvened at
9:18 P.M.
Motion carried 3-1, Saltarelli opposed, Potts absent. 600-70
Mayor Pro Tem Thomas stated that the attending San Marino
residents had voted to accept the Planning Commission's
recommendation with the above stated modifications.
2. APPEAL OF INVALIDATION OF BUSINESS LICENSE NO. 132340 - CALIBER
GROUP, INC., 17821 E. 17TH STREET, SUITE 250
Mayor Worley stated the appellant had withdrawn the appeal on this
matter. 390-35
3. LEVY OF ANNUAL ASSESSMENTS FOR THE 1996-97 FISCAL YEAR FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
See page 1.
4. ADOPTING THE CITY BUDGET AND WATER ENTERPRISE BUDGET FOR THE
FISCAL YEAR 1996-97
See page 2.
CONSENT CALENDAR ( ITEMS 5 THROUGH 11 )
It was moved by Thomas, seconded by Saltarelli, to approve the Consent
Calendar as recommended by staff. Motion carried 4-0, Potts absent.
5. APPROVAL OF MINUTES - JUNE 17, 1996 REGULAR MEETING
Recommendation: Approve the City Council Minutes of June 17,
1996.
6. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $922,725.98 and
ratify Payroll in the amount of $329,980.28. 380-10
360-82
CITY COUNCIL MINUTES
Page 6, 7-1-96
7. PLANNING COMMISSION ACTION AGENDA - JUNE 24, 1996
All actions of the Planning Commission become final unless
appealed by the City Councilor member of the public.
Recommendation: Ratify Planning Commission Action Agenda of June
24, 1996. 120-50
8. RESOLUTION NO. 96-70 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
WATER MAIN REPLACEMENTS ON KENWOOD LANE BETWEEN LA COLINA AND
SIERRA ALTA; SAN JUAN STREET BETWEEN UTT DRIVE AND RED HILL
AVENUE; MOUNT HOOD, SIERRA MADRE DRIVE AND ALLEGHENY WAY NORTHERLY
OF SANTA CLARA AVENUE (CITY PROJECT NO. 600125); ON FOOTHILL
AVENUE BETWEEN RAWLINGS RESERVOIR AND HEWES AVENUE (CITY PROJECT
NO., 600126); AND ON ROSALIND AVENUE (CITY PROJECT NO. 600128), AND
AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 96-70 approving plans and
specifications and authorizing advertisement for bids for the
subject project as recommended by the Public Works
Department/Water Services Division. 400-45
9. RESOLUTION NO. 96-73 - 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 AD 86-2
IMPROVEMENTS, REMOVAL AND REPLACEMENT OF UNDERLYING ALLUVIUM AND
EXISTING FILL IN LOTS 10 AND 18 OF TRACT NO. 13627 (PROJECT NO.
700077)
Recommendation: Adopt Resolution No. 96-73 accepting said work as
complete and authorize 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 recordation of the Notice of Completion as recommended by
the Public Works Department/Engineering Division. 400-45
10. RESOLUTION NO. 96-71 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 96-4
Recommendation: Adopt Resolution No. 96-71 approving Lot Line
Adjustment No. 96-4 as recommended by the Public Works
Department/Engineering Division. 600-35
11. RESOLUTION WO. 96-75 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING APPROPRIATION
LIMIT FOR THE FISCAL YEAR 1996-97 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 1996-
97 appropriation limit and (2) Adopt Resolution No. 96-75 setting
the appropriation limit for fiscal year 1996-97 at $30,266,623.00
as recommenced by the Finance Department. 330-50
REGULAR BUSINESS ( ITEM 12 )
12. INTERVIEWS AND SELECTION OF COMMISSION/COMMITTEE MEMBERS
Council concurred t
Commission/Committee
Councilmembers would
PUBLIC INPUT - None
o conduct the interviews and selection of
members on August 5, 1996 when all
be present. 120-05
OTHER BUSINESS/COMMITTEE REPORTS
BRAMALEA PROJECT
Councilmember Saltarelli stated the Bramalea project was a
difficult decision; appreciated the level of debate and discussion
given by Council; and admonished staff to monitor imposed
conditions for strict adherence.
Mayor Pro Tem Thomas acknowledged the Bramalea decision was
difficult but believed it was best for the residents.
CITY COUNCIL MINUTES
Page 7, 7-1-96
Mayor Worley expressed appreciation for the decision on the
Bramalea project and stated it was not a precedent setting project
due to the unusual circumstances.
SPORTS PARR - BARBECUES/TENNIS SIGN-UP BOARD
Councilmember Saltarelli questioned when barbecues would be
installed a"? the Sports Park and because there were no Fire
Authority safety concerns, requested the matter be expedited.
Mayor Worley requested a tennis court sign-up board be installed
at the Sports Park.
CONSTRUCTION NOISE
Mayor Pro Tem Thomas noted construction noise from Lewis Homes
development was occurring during early morning hours and weekends,
and requested staff monitor and aggressively issue citations.
TRAFFIC CONGESTION - MARKET PLACE II
Mayor Pro Tem Thomas reported traffic congestion on Bryan Avenue
at the Marketplace II site.
Tim Serlet, Director of Public Works, stated that staff would
contact the.County of Orange and attempt mitigation measures.
WEEDS - JAMBOREE ROAD
Mayor Pro Tem Thomas expressed concern with the lack of weed
abatement on the County side of Jamboree Road and suggested
creation of a fire break.
BASE CLOSURE HOUSING - COAST GUARD
Mayor Worley reported on her recent trip to Washington D.C. for
the City's continuing battle with the Coast Guard regarding base
closure housing, and stated a meeting had been scheduled with Los
Angeles and Palos Verde area elected officials to gain support for
the City's position.
SENATE BILL 1861
Mayor Worley reported the City's Senate Bill 1861, approving a
Redevelopment area for MCAS, Tustin, was awaiting Governor
approval and commended staff for their efforts.
CLOSED SESSION - None
ADJOURNKENT
Mayor Worley adjourned the meeting at 9:36 p.m. The next regular meeting
of the City Council was scheduled for Monday, July 15, 1996, at 7:00 p.m.
in the Council Chambers at 300 Centennial Way.
TRACY WI WORLEY, MAYOR
PAMELA STOKER, CITY—CLERK