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HomeMy WebLinkAbout03 MINUTES 01-02-96HINUTES REGULA~HEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA DECEMBER 4, 1995 NO. 3 1-2-96 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:02 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem worley. INVOCATION The Invocation was given by A1 Enderle. ROLL CALL Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor. Pro Tem Mike Doyle Jeffery M. Thomas Council Absent: Thomas R. Saltarelli-(attended Closed Session) city Clerk: Pamela Stoker' Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager Steve Foster, POlice Captain · Ronald A. Nault, Finance Director Tim Serlet, Director.of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Valerie Crabill, Chief Deputy City Clerk Dan Fox, Senior Planner Rita Westfield, Asst. Dir./Com. Development Rick Brown, Building Official Bettie Correa, Senior Personnel Analyst Bob Ruhl, Field Services Manager Approximately 15 in the audience PUBLIC INPUT Jim Rems, 14232 Red Hill Avenue, expressed displeasure with the Santa Ana Police Department using his property as a staging area on several occasions; the police officers' failure to identify themselves and explain why they were using property posted "No Trespassing;" and Chief Franks' written response to Mr. Rems' concern over the matter. Council/staff/speaker discussion followed regarding the incident was a Santa Ana Police Department narcotics undercover operation; Tustin Police Department's involvement was appropriate; clarification that the threatened arrest of Mr. Rems was initiated by Santa Ana Police Department; fence installation on the subject property; and explanation of a police staging area. MaYor Potts stated Mr. Rems should have called him for assistance and that he would investigate the response from Chief Franks. 'CITY COUNCIL MINUTES Page 2, 12-4-95 CAMPAIGN CONTRIBUTION/EXPENDITURE ORDINANCE Berklee Maughan, Tustin, reported that the second local citizens group drafting a campaign contribution/expenditure limitation ordinance was on hold pending the election outcome of the State initiative measure on the subject. Council/speaker discussion followed regarding Proposition 73. lo MODIFICATION OF LANDscAPE EASEMENT CONTAINED ON LOT 3 OF VESTIN~ PARCEL MAP 91-288 (JOHN CONNELLY) Dan Fox, Senior Planner, reported that the applicant was proposing to construct a 394 square foot recreational vehicle garage addition to his residence located at the corner of Alexander Place and Holt Avenue. He said that the proposed addition was within an existing Landscape Easement which prohibited any structure over three feet in height. However, in order to accommodate the applicant's development proposal, conditions were included which required the relocation of the existing side yard wall along'Holt Avenue and the existing landscape easement's southern boundary to be similarly modified so no structures would be located within the easement area. He stated that the applicant filed an appeal requesting the condition related to relocating the fence and modifying the boundary of the landscape easement area be deleted from the project conditions. He said the Planning Commission granted the applicant's appeal waiving the requirement to relocate the existing block wall and expansion of the existing landscape easement area. Council/staff discussion followed regarding no opposition to the proposed modifications had been received by staff. Mayor Potts opened the public hearing at 7:32 p.m. The following member the audience spoke in favor of Modification of Landscape Easement Contained On Lot 3 of Vesting Parcel Map 91- 288: Craig Smith, project architect There were no other speakers on the subject and the public hearing was closed at 7:34 p.m. Councilmember Thomas stated he supported the proposed modifications because they would allow removal of the motor home from street parking to garage storage. It was moved by Thomas, seconded by Doyle, to approve a modification to conditions of Parcel Map 91-288 to permit reconfiguration of a landscape easement for purposes of constructing a recreational vehicle garage by adopting the following Resolution No. 95-125: CITY COUNCIL MINUTES Page 3, 12-4-95 RESOLUTION NO. 95-125 - A RESOLUTION OF THE CITY COUNCIL OT~ THE CITY OF TUSTIN, CALIFORNIA, APPROVING MODIFICATION TO VESTING PARCEL MAP 91-288 TO RECONFIGURE THE RECORDED LANDSCAPING EASEMENT FOR LOT 3 OF VESTING PARCEL MAP 91-288 REDUCING THE AREA AND ADJUSTING THE BOUNDARIES OF THE EASEMENT FOR THE CONSTRUCTION OF AN RECREATIONAL VEHICLE GARAGE ADDITION LOCATED AT 18262 ALEXANDRA PLACE Motion carried 4-0, Saltarelli absent. ~ONSENT ~I~NDAH ( ITEMB 2 THROUGH 9 ) It was moved by Thomas, seconded by Doyle, to approve the Consent Calendar as recommended by staff. Motion carried 4-0, Saltarelli absent. · APPROVAL OF MINUTES - NOVEMBER 20, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of November 20, 1995. · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,283,195.70 and ratify Payroll in the amount of $323,291.62. · PLANNING COMMISSION ACTION AGENDA - NOVEMBER 27, 1995 All actions of the Planning Commission become final unless appealed bY the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of November 27, 1995. · 1996 VAcANcIES FOR COMMISSIONS, COMMITTEES AND BOARDS Recommendation: Approve the1996 vacancy listing of City Council- appointed Commissions, Committees and Boards as recommended by the Office of the City Clerk. AWARD OF CONTRACT FOR THE ANNUAL ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT, FY 1995-96 (CIP NO. 700001) Recommendation: Award subject contract to Ail American Asphalt, Corona, in the amount of $487,639.00 as recommended by the Public Works Department/Engineering Division. · AWARD OF CONTRACT FOR STREET IMPROVEMENTS FOR EDINGER AVENUE WIDENING FROM 2500' WESTERLY OF JAMBOREE ROAD TO HARVARD AVENUE (PROJECT NO. 700127) Recommendation: Award subject contract to Cornerstone C&M, Inc., dba Sully-Miller Contracting Company, Anaheim, in the amount of $874,785.48 as recommended by the Public Works Department/Engineering Division. · 1995-96 FALL SOLICITATION, CALIFORNIA TRADE AND COMMERCE GRANT APPLICATION Recommendation: Adopt the following Resolution No. 95-123 approving the following actions: (1) Approve the filing of an application to the California Trade and Commerce Agency for a California Defense Adjustment Matching Grant to offset planning costs associated with the City's development of a reuse plan for CITY COUNCIL MINUTES Page 4, 12-4-95 Marine Corps Air Station, Tustin; and (2) Appoint the Assi~tant City Manager or her authorized representative as the agent to apply, approve, sign and execute in the name of the City of Tustin any documents necessary for applying for funding under the California Trade and Commerce Agency's Defense Adjustment Matching Grant Program and for entering into an agreement, including any amendments thereto, with the Trade and Commerce Agency in the event that funding is awarded under that program as recommended by the Community Development Department: RESOLUTION NO. 95-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE APPLICATION FOR TRADE AND COMMERCE FUNDS TO OFFSET PLANNING COSTS ASSOCIATED WITH THE CLOSURE AND REUSE OF MARINE CORPS AIR STATION, TUSTIN 9, RESOLUTION NO. 95-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 95-115 Recommendation: Adopt Resolution No. 95-124 approving Final Parcel Map 95-115 as recommended by the Community Development Department. RBGULARBUSINES~ ( ITEM~ 10 THROUGH 16 ) 10. JOINDER IN AMICUS BRIEF; PEOPLE V. DANIEL W. It was moved by Doyle, seconded by Thomas, to approve joining the amiCus brief, People versus Daniel W. Motion .carried 4-0, Saltarelli absent. 11. ORDINANCE NO. 1148, SECOND AMENDMENT TO EAST TUSTIN DEVELOPMENT AGREEMENT It was moved by Worle¥, seconded by Thomas,. that Ordinance No. 1148 have second reading by title only and adoption. Councilmember Doyle stated he had received several phone calls from residents who opPosed the $1.4 million debt to The Irvine Company for purchase of the additional 1.4 acre park land; and noted there was an existing park located approximately 2 blocks from the proposed park. Council/staff discussion followed regarding a potential early land release that could be exchanged with The Irvine Company as Part of the $1.4 million park cost; and the $1.4 million cost included park improvements. Councilmember Doyle stated his opposition to the City incurring debt to The Irvine Company for $1.4 million to build the proposed park; commented on the unfinished status of the Tree Park; noted the uncertainty of sales tax revenue and whether the State would take more money from cities to balance its budget; and reiterated his opposition to borrowing money from The Irvine Company for the proposed additional park land. 'CITY COUNCIL MINUTES Page 5, 12-4-95 Mayor Pro Tem Worley said that Council had previously apPTDved Tree Park cOnstruction in one phase; remarked that open space and park land was 'not cost-free; and stated that Tustin Ranch residents were entitled to recreational amenities and additional open space. Mayor Potts stated he'preferred to utilize an early release of property toward acquisition of the additional park land rather than the City borrowing $1.4 million from The Irvine Company; that because of the necessity of State and County approval, the land exchange could not be finalized at the time of the agreement's approval. Council discussion followed regarding the close proximity of a number of parks in the Tustin Ranch area; and the lack of barbecUes at the Tustin Sports Park. Councilmember Doyle clarified that he supported the density of the project but opposed acquisition of additional park land at a $1.4 million cost to the City. The City Clerk read the following Ordinance No. 1148 by title only: ORDINANCE NO. 1148 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SECOND 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 Motion carried 4-0, Saltarelli absent (roll call vote). ORDINANCE NO. 1150, ZONE CHANGE 94-004 (EAST 'TUSTIN SPECIFIC PLAN)' It was moved by Worley, seconded by Thomas, to have second reading by title only and adoption of Ordinance No. 1150. The City Clerk read the following Ordinance No. 1150 by title only: ORDINANCE NO. 1150 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-004 TO CHANGE THE ZONING DESIGNATION AND THE EASTTUSTIN SPECIFIC PLAN LAND USE PLAN ON CERTAIN'PROPERTIES WITHIN THE EAST TUSTIN SPECIFIC pLAN AREA, INCLUDING TEXTURAL AND STATISTICAL SUMMARY REVISIONS TO THE EAST TUSTIN SPECIFIC PLAN Motion carried 4-0, Saltarelli absent (roll call vote). · ORDINANCE NO. 1157, OFFICE OF THE ZONING ADMINISTRATOR It was moved by Doyle, seconded by Thomas, to have second reading by title only and adoption of Ordinance No. 1157. -CITY COUNCIL MINUTES Page 6, 12-4-95 14. 15. The City Clerk read the following Ordinance No. 1157 by 4~itle only: ORDINANCE NO. 1157 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9299, A PORTION OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO THE OFFICE OF THE ZONING ADMINISTRATOR (C.A. 95-004) Motion carried 4-0, Saltarelli absent (roll call vote). ORDINANCE NO. 1161, ALCOHOLIC BEVERAGE SALES Christine. Shingleton, AssiStant City Manager, reported that subsequent to introduction of Ordinance No. 1161 at the November 20, 1995 Council meeting, typographical errors were discovered which changed the ordinance context. She recommended that because of the corrections, Council have first reading by title only and introduction of the modified ordinance. It was moved by Thomas, seconded by Worley, to have first reading 'by title only and introduction of Ordinance No. 1161. Motion carried 3-1, Doyle opposed, Saltarelli.absent. The City Clerk read the following Ordinance No. 1161 by title only:. ORDINANCE NO. 1161 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY CODE DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS (C.A. 95-003) .. PROPOSED ADOPTION OF THE UPDATED EDITION OF THE UNIFORM BUILDING CODE AND ASSOCIATED TECHNICAL CODES WITH LOCAL MODIFICATIONS It was moved by Doyle, seconded by Thomas, to schedule a public hearing for the regular meeting of the City Council. on January 2, 1996, in order to receive public input regarding the adoption of the new editions of the building codes; have first reading by title only of Ordinance No. 1160; and introduce the following Ordinance No. 1160: ORDINANCE NO. 1160 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE ADOPTING THE 1994 EDITIONS OF THE UNIFORM CODES AS THE BUILDING REGULATIONS OF THE CITY OF TUSTIN Motion carried 4-0, Saltarelli absent. The City Clerk read Ordinance No. 1160 by title only. -CITY COUNCIL MINUTES Page 7, 12-4-95 ¸16. STATUS OF EFFORTS TO CONTACT PROPERTY OWNERS OF SUBJECT PANELS PERTAINING TO RECOVERY OF CITY COSTS FOR THE ABATEMENTOF A PUBLIC NUISANCE AT PROPERTY LOCATED AT 1776 NISSON ROAD, AND TWO PROPERTIES LOCATED IN EAST TUSTIN AT TRACTS 13908 AND 13627; LOT 26 It was moved by Worley, seconded.by Thomas, to certify all CitY costs incurred on properties located at 1776 Nisson Road, Tract 13908 and Tract 13627, Lot 26; direct the City Attorney to file a claim with the bankruptcy court to recover the costs of weed abatement for Tract 13908 and to take all .other steps that would recover City incurred costs including administrative and legal costs; and direct the City Attorney and the Community Development Department to continue their efforts to contact the property owners of Tract 13627, Lot 26 and 1776 Nisson Road to recover the cost's of weed abatement and administrative costs. Failing to secure compliance, a lien assessment for the costs of the abatement shall be recorded with the Orange County Recorder. Motion carried 4-0, Saltarelli absent. PUBLIC INPUT -None OTHER BUSINE88/COMMITTEE REPORT8 CLOSED SESSION - ORANGE COUNTY BANKRUPTCY SETTLEMENT AGREEMENT LOis Jeffrey, City Attorney, requested agendizing discussion in closed session of the Orange County Bankruptcy Settlement Agreement as an emergency item. She explained that the settlement agreement would resolve issues related to the Orange County bankruptcy and modify the original agreement the City had entered into regarding the Orange County Investment Pool; the draft settlement agreement had been put on holdpending a court hearing outcome in Bankruptcy Court held on December 1, 1995; agreement action was required by December 31, 1995; and the need for immediate action on the agreement arose after the agenda was posted. It was moved by Thomas, seconded by Worley, 'to agendize closed session discussion of the Orange County Bankruptcy Settlement Agreement as an emergency matter. Motion Carried 4-0, Saltarelli absent. SANTA COP PROGRAM. Councilmember Doyle encouraged community support of the Santa Cop Program'Which provided gifts to needy children during the holiday season. MERRY CHRISTMAS - HAPPY NEW YEAR Councilmembers Doyle and Thomas, and Mayor Pro Tem Worley wished everyone a Merry Christmas and Happy New Year. C~TY COUNCIL MINUTES Page 8, 12-4-95 ORANGE COUNTY BANKRUPTCY Councilmember Doyle reminded residents that the County was continuing to excessively spend funds and the handling of the 800 MHz system funding bordered on fraud. BASE CLOSURE TASK FORCE MEETING Mayor Pro Tem Worley reported on the Base Closure Task Force Subcommittee meeting regarding conveyance of public lands. TREE LIGHTING CEREMONY Mayor Pro Tem Worley commended staff on the tree lighting ceremony and requested that next year's Santa Claus reception be held in the Community Center. TRANSPORTATION CORRIDOR AGENCY Mayor Potts reported on his successful efforts to obtain Transportation Corridor Agency annual salary increases. CLOSED SESSION Mayor Potts announced the City Council would convene in closed session to confer with the City Attorney and Special Counsel regarding W.D. Franks vs. City of Tustin, WCAB No. AHM 0040436; and to confer with Nick Nichols, the City's labor negotiator (the employee organizations involved in potential negotiations are Tustin Municipal Employees Association and Tustin Police Officers Association, unrepresented employees are management and confidential units); to confer with the City Attorney regarding Claim No. 95-42 filed by Danella and Dan George; and to discuss the Orange County Bankruptcy Settlement Agreement, Case No. SA 94-22272-JR. ADJO~ Mayor Potts adjourned the meeting at 7:57 p.m. The next regular meeting of the City Council was scheduled for Tuesday, January 2, 1996, at 7:00 p.m., in the Council Chambers at 300 Centennial Way. CLOSED SESSION STATEMENTS CLAIM NO. 95-42, CLAIM OF DANELLA AND DAN GEORGE It was moved and seconded to reject Claim No. 95-42, Claim of Danella and Dan George. Motion carried 5-0. C~[TY COUNCIL MINUTES Page 9, 12-4-95 OI~,N(~E COUNTY BAN~UPTCY SETTLEMENT A(~REEHENT Council concurred to approve the Orange County Bankruptcy Joint Settlement Agreement, Case No. SA 94-22272-JR, subject to modifications by the City · Manager and City Attorney. JIM POTTS, MAYOR PAMELA STOKER, CITY CLERK