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HomeMy WebLinkAbout05 MINUTES 06-17-96 MINUTES REGULA~ MEETING OF THE CITY COUN¢~u CITY OF TUSTINv CALIFORNIA JUNE 17, 1996 NO. 5 7-1-96 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Worley at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Potts. The Invocation was given by Mayor Worley. ROLL CALL Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli Council Absent: None 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 Fred Wakefield, Police Captain 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 Greg Gubman, Associate Planner Approximately 30 in the audience PROC~TIONS PAUL DIDIER - EAGLE SCOUT Mayor Worley read and presented a proclamation to Paul Didier who achieved the rank of Eagle Scout. Paul Didier thanked Council for the proclamation. LWGARDE INC. Mayor Worley summarized L'Garde's current project; stated that it was necessary for the company to move to a larger facility; requested Council support L'Garde's relocation efforts to Marine Corps Air Station, Tustin; and read and presented a proclamation to L'Garde Inc. honoring development of the largest inflatable antenna to be launched in space. Alan Hirasuna introduced L'Garde Inc. staff; one of the staff members thanked Council for the proclamation; stated the company was receiving data back from the recent space flight and photographs from the shuttle; and a photo collage of the flight CITY COUNCIL MINUTES Page 2, 6-17,96 would be presented to Council in the near future. TUSTIN HIGH SCHOOL VARSITY BASEBALL TEAM Mayor Worley read and presented proclamations to the following Tustin High School Varsity Baseball team members and coaches for reaching the CIF Semifinals: Players Rudy Aguilera, Omar Barrera, Heath Bell, Brennan Burns, Chad Chop, Kevin Crabb, Ryan France, Matt Fullmer, Greg'Garcia, Rick Gonzalez, David Hjorth, Richard Lane, Nick Madrid, Andy Martinez, Danny Ramirez, Chris RauschkOlb, Pierre Sanjurjo, Todd Scott, Daniel Trujillo, Pepe Vazquez, Roy Worthen, and Coaches Tim O'Donoghue, Greg Jennings, Denny France, and Ira Green. Tim O'Donoghue thanked Council for the recognition; explained'the training that went into the season; thanked the community for their support; and commended his players. Councilmember Potts noted the team and coaches' dedication and encouraged the community to support Tustin High School athletics. PUBLIC iNPUT ASSEMBLY BILL 638 - CONCEALED WEAPONS Jack Miller, 17352 Parker Drive, Tustin, requested Council send a letter opposing Assembly Bill 638, regarding the ability to carry concealed weapons. Council concurred. CITIZEN COMPLAINT - CITY STAFF Onnolee Elliott, 13631 Yorba Street, Santa Ana, complained about police personnel, stated false statements had been.made about her, was assaulted by neighbors and City staff, no.response was given to her complaints, and she requested termination of specified employees. PUBLIC HEARING ( ITEM I ) lo AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 14410 (LEWIS HOMES) Greg Gubman, Associate Planner, reported that the applicant, Lewis Homes, was requesting an amendment to Tentative Tract Map No. 14410, a 171 unit subdivision located at the northwest corner of Peters CanyOn and Pioneer Roads, to allow three new product types on 64 lots. He' stated that all product types would be marketed simultaneously; dwelling unit construction had not begun; no lots had been sold; and the Planning Commission had recommended approval of the project. Council/staff discussion followed regarding the applicant's proposed amendment would increase the homebuyer market segment. Mayor Pro Tem Thomas voiced his concern that Council had approved the Lewis Homes project nine months ago and the applicant was already requesting amendments; opposed developers requesting CITY COUNCIL MINUTES Page 3, 6-17-96 amendments to projects previously approved by Council; recognized homebuyer market changes; and questioned Lewis Homes, motive for changing some of the product types. Mayor Worley opened the public hearing at 7:36 p.m.  he following member of the audience spoke in favor of Amendment o Vesting Tentative Tract Map No. 14410; ex 1 ' ~.rvine Company had encouraged Lewis .... ~_ ~ a~ned that _The ±lne with large ~,=~ ~_~_L_ Hv.L,~o ~u proauce a product en .... ~ ~: .... 77 s~t= ~u~e; one proauct line did no ~:~? ux~ersl~y to nomeDuyers; described th= ......... t o~fe~ ~xnes, aha emphasized that +h ........ ~= _ ~.~ p~upo~ea proauct aDmearanc~ ~ ~ ...... ~= --ou~ De minimal ch~----o ~- ~= ~ ~ ~ community w~th the new product lines: ..... ~ ~' Gary Luque, Lewis Homes of California Council/speaker/staff discussion followed regarding the proposed floorplans; the original 4-bedroom, 3-bath product line was too market restrictive for all 171 lots; the site plan for the project had been prepared; the increased number of developers requesting product line amendments subsequent to product approval by Council; the need to restrict developers from changing their product lines; the decrease in unit square footage; and potential liability to the City.if the proposed amendments were denied by Council. There were no other speakers on the subject and the public hearing was closed at 7:47 p.m. Councilmember ~altarelli commented that Lewis Homes' amendm=-+ request had peen presented ~rior to .... ~-= ~ ~ .... = v~ue~ approval construction; the ~mportance of maintaining the ~,ali+%i ....... and in the Tustin Ranch area; recognized the justification for downsizing some of the units; discouraged developers from requesting project amendments after product construction had' commenced; the project's product line mix was acceptable and aesthically compatible; and he supported Lewis Homes, request. It was moved b Dovleo seconded b'- Thomas, to approve the ~nv~ronmental determination for the project by adopting the following Resolution No. 96-64; and approve Amendment to Tentative Tract Map No. 14410 by adopting the following Resolution No. 96- 65: RESOLUTION ~O. 96-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) PREPARED FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 14410AND APPLICABLE MITIGATiON MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. ~-~5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 14410 CITY COUNCIL MINUTES Page 4, 6-17-96 Mayor Pro Tem Thomas stated that he was not trying to discourage developers from working in the City; noted residents' concern with the applicant's proposal of constructing less expensive homes; was concerned with developers changing their projects after Council approval; and the necessity that the City set project amendment parameters' Elizabeth Binsack, Director of Community Development, responded that specific plan amendments could be developed to address Council concerns. Council/speaker discussion followed regarding 64 units would be comprised of smaller homes and were contiguous to the larger 4- bedroom home product. Motion carried 5-Q. COHSE~T CALENDAR' (ITEHS 2 THROUGH 16) Councilmember Potts stated he would abstain from voting on Item No. 2, Approval of Minutes, due to his absence from the June 3, 1996 meeting. Item No. 14 was removed from the Consent Calendar by Mayor Worley. It was moved b Potts seconded b Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. APPROVAL OF MINUTES - JUNE 3, 1996 REGULAR MEETING Council concurre~ to approve the city Council Minutes of June 3, 1996. 3. APPROVAL OF DEFhmiNDS AND RATIFICATION OF PAYROLL RecommendatioR: Approve Demands in the amount of $949,699.76 and ratify Payroll in the amount of $333,120.60. 4. ANIMAL CONTROL/SHELTER CONTRACT FOR FISCAL YEAR 1996-97 Recommendation: Authorize the Mayor to execute the Animal Control/Shelter Agreement for fiscal year 1996-97 in the amount of .$89,311.00 as recommended by the Finance Department. 5. PLANNING COMMISSION ACTION AGENDA - JUNE 10, 1996 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 10, 1996. 6. CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT/CONGESTION MANAGEMENT ANNUAL PROGRAM COMPLIANCE (1996-97 FY) Recommendation: To maintain eligibility for the Measure M Programs and the Proposition 111 Congestion Management Program (CMP), it is recommended that the City Council take the following ' s actions in compliance with Measure M and CMP requirement : (1) Adopt the draft Measure M Growth Management/Congestion Management Seven Year Capital Improvement Program (Fiscal Year 1996-97 through Fiscal Year 2002-2003); and (2) Authorize the Public Works Director/City Engineer to submit the City of Tustin's Proposition 111 CMP and Measure M eligibility packages, 'including CITY COUNCIL MINUTES Page 5, 6-17-96 · · 10. 11. lZ. 13. certification of the City's Maintenance of Effort, to the Orange County Transportation Authority as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 96-61 - 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 1995-96 FY (CIP 700001) Rec°mmendatio~: Adopt Resolution No. 96-61 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. 96-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DIRECTING THE STREET NAME CHANGE FROM CERROMAR TO CORTE VILLA WITHIN TRACT NO. 13796 AND DIRECTING THE CITY CLERK TO NOTIFY THE ORANGE COUNTY BOARD OF SUPERVISORS Recommendation.: Adopt Resolution No. 96-67 directing the street name change from Cerromar to Corte Villa within Tract No. 13796 and direct the City Clerk to forward a copy of Resolution No. 96- 67 to the Orange County Board of Supervisors as recommended by the Public Works Department/Engineering Division. COOPERATIVE AGREEMENT NO. D96-018 WITH THE COUNTY OF ORANGE TO PROVIDE FOR THE OVERLAY RESURFACING OF VARIOUS STREETS ~ecommendation: Authorize the Mayor and City Clerk to execute Cooperative Agreement No. D96-018 with the County of Orange as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 96-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 15292 Recommendation: Adopt Resolution No. 96-66 approving Final Tract Map No. 15292 as recommended by the Community Development Department. REJECTION OF CLAIM NO. 96-2 - CLAIMANT, SANDRA MENOLD Recommendation: Deny subject claim and direct the City Clerk to provide notice to the claimant and the claimant,s attorneys as recommended by the City Attorney. REJECTION OF CLAIM NO. 96-15 ' CLAIMANT, MERCURY INSURANCE Recommendation: Deny subject claim and direct the City Clerk to provide notice to the claimant and the claimant,s attorneys as recommended by the City Attorney. REJECTION OF CLAIM NO. 96-20 - CLAIMANT, CHRISTINE SOBOTOR Recommendation: Deny subject claim and direct the City Clerk to provide notice to the claimant and the claimant,s attorneys' as recommended by the City Attorney. CITY COUNCIL MINUTES Page 6, 6-17-96 15. EXTENSION OF WEST COAST ARBORISTS, INC. TREE TRIMMING CONTRACT Recommendation: Approve a five-year extension of the Tree Trimming Contract with West Coast Arborists Inc. of Anaheim, California, from July 1, 1996 to June 30, 2001, and authorize the Public Works Director/City Engineer to execute the contract amendment subject to City Attorney approval as recommended by the Public Works Department/Engineering Division. 16. EXTENSION OF FIRE STATION NO. 37 LEASE Recommendation: Authorize the City Manager to execute the lease extension for'Fire Station No. 37 when presented by the Orange County Fire Authority under the current terms and conditions as recommended by the Finance Department. ~ CONSENT CALENDAR ITEM NO. 14 - DISSOLUTION OF THE CITY OF TUSTIN WATER CORPORATION Mayor Worley noted the establishment of the Water Corporation in 1980; explained that the Corporation had concluded there was no longer a need for the group; and she requested proclamations for Board Members Rex Combs and Bill Robbins. Council concurred to present proclamations to the. Tustin Water Corporation Board. It was moved by Saltarelli, seconded by Potty, to direct the City Attorney to take appropriateaction to dissolve the Corporation in accordance with Article II, Section 6.05, of the CorpOrati°n Bylaws as recommended by the city of Tustin Water Corporation Board of Directors. Motion carried 5-0. RE~UL~.RBUSINESS 17. ( ITEMS 17 THROUGH 21 ORDINANCE NO. 1168, COUNTYWIDE PUBLIC FINANCING AUTHORITY It was moved by Saltarelli, seconded by Thomas, to have second reading by title only of Ordinance N°· 1168. Motion carried 5-0. Following second reading by title only of ordinance No. 1168 by the City Clerk, it was moved by Saltarelli, seconded by Thomas, to adopt the following Ordinance No. 1168: ORDINANCE NO. 1168 -'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PUBLIC LEASE BACK OF CERTAIN FACILITIES WITH THE COUNTYWIDE PUBLIC FINANCING AUTHORITY 18. Motion carried 5-0 (roll call vote). APPROPRIATION LIMIT FOR FISCAL YEAR 1995-96 It was moved by Thomas, seconded by Doyle, to select the change in the California per Capita Personal Income as the price factor for adjusting the 1995-96 appropriation limit. CITY COUNCIL MINUTES Page 7, 6-17-96 19. Z0. Zl. ~otion carried 5-0. It was moved by Thomas, seconded by Doylc, to adopt the following Resolution No. 96-68 setting the appropriation limit for Fiscal Year 1995-96 at $27,876,443.00: RESOLUTION NO. 96-6S - A RESOLUTION OF THE'CiTY COUNCIL O CITY OF ~TUSTIN, CALIFORNIA DETED~T~,T,,~ ......... F THE APPROPRIATION LIMI w~ , ~-~,~ amu ADOPTING AN · T .... THE FISCAL YEAR 1995-96 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AND SECTION 7910 OF THE GOVERNMENT CODE ~otion carried 5-0. LOAN A~REEMENT BETWEEN THE CITY OF TUSTINAND THETUSTIN COMMUNITY REDEVELOPMENT A~ENCY It was moved b Salt'arelli seconded b Thomas, to authorize the Mayor to-execute the subject Loan Agreement offering and accepting a loan from the City to the Agency of $2,400,000. ~otion carried 5-0. APPLICANTS FOR AUDIT COMMITTEE, CULTURAL RESOURCES ADVISORY COMMITTEE, PARKS AND RECREATION COMMISSION, AND PLANNIN~ COMMISSION . . Council concurred to conduct interviews to fill Commission/Committee vacancies created by JUly 15, 1996 term expirations, and to fill the Audit Committee vacancy created by George Jeffries, City Treasurer appointment, on June 24 1996, at 5:30 p.m. , POLICE DEPARTMENT SPECIAL ENFORCEMENT DETAIL William Huston, City Manager, reported that discussion at the budget workshop revealed Council consensus to authorize overtime funding for a police department special enforcement detail; staff would present a report in six months on the detail's activity as well as monthly status reports; and funding would be appropriated from the general fund until receipt of Federal Block Grant Funds to cover the cost of the unit. Council/staff discussion followed regarding the special enforcement detail would primarily focus on gang detail would be staffed from existing personnel by .activity; the overtime costs for a trial period of six months; modeling Tustin's gang suppression approach to other successful cities utilizing gang units; and the community,s support of the' unit. Mayor Worley stated that Council was supportive of the special enforcement.detail; all cities had gang activities; if warranted, additional officers could be utilized in the future; implementation of the detail would take place as sOon as possible; and Tustin remained a relatively safe commUnity. CITY COUNCIL MINUTES Page 8, 6-17-96 It was moved by Saltarelli, seconded by Thomas, to authorize $20,000.00 for overtime costs to be incurred in creation of the Special Enforcement Detail for a period of six months, and the required funds be appropriated from the General Fund Reserve until the City receives funding through the Federal Local Law Enforcement Block Grant program. The following member of the audience spoke regarding utilizing $49,000 of unexpended funds rather than general fund reserves; questioned if the special enforcement detail was included in-the 1996/97 police department budget ~increase; utilizing non-sworn personnel in certain positions to free sworn officers for street patrol; requested a report indicating police department spending per capita; and supported a special enforcement detail: Berklee Maughan, Tustin William Huston, city Manager, explained that carry-over unexpended funds ultimately were included in the general fund; unit activation and expenses would not occur until the 1996/97 fiscal year; recommended a $20,000 increase in the 1996/97 police department overtime budget beginning July 1, 1996; and receipt of Federal Block Grant funds would be utilized in lieu of general fund monies to cover the special enforcement detail's cost. He stated the police department budget increase included normal operating costs, the first year of the police officers' memorandum of understanding, and overtime costs. He noted that officer stand-by and appearances in court were impacting overtime costs due to the 3-12 work schedule. Mayor Worley commented on her attendance at the citizens Police Academy; stated the academy was very informative; noted that City attention and resources were being invested in identified gang areas; and emphasized that Council was strongly supportive of alleviating gangs in the City. Council/speaker discussion followed regarding past volunteer research regarding effective gang suppression programs utilized by other cities; the increase in the number of gangs in the City; a recent gang study in the County of Orange ranking Tustin fourth in gang members per population ~a~ conducted with only 8 of 31 cities responding; the amount budgetea over the next two years for parks; and funding priorities. Councilmember Saltarelli stated that the City was dedicated to suppressing gang violence; said that 45 percent of the City's budget was earmarked for public safety; emphasized Council's complete support of the police department; stressed that the City had been addressing the gang problem over the years; and remarked on the effectiveness of the police department. Councilmember Potts disagreed with recent newspaper reports that Tustin had an extreme gang problem; Tustin was not the fourth largest gang city in Orange County; community oriented policing had decreased crime; Tustin accurately reported the number of crimes committed in the City; the number of gangs in Tustin had CITY COUNCIL MINUTES Page 9, 6-17-96 not increased from six to fifteen in six months; supported implementation of the special enforcement detail; the pending remodel of the Youth Center in the Southwest area would provide youth activities; supported formation of a countywide gang unit to focus on elimination of gangs; alternatives to reduce court overtime costs for 'police officers were necessary; requested review of arrest statistics since implementation Of the 3-12 shift plan; and urged formation of a countywide gang task force. Motion carried 5-0. PUBLIC INPUT CRIMINAL ACTIVITY Onnolee Elliott, 13631 Yorba Street, Santa Ana, complained about a group home in her neighborhood and the crimes that resulted from that home. COMMENDATION - POLICE DEPARTMENT Robert Wehn, 18082 Lillian Way, Tustin, commended the police department and the Citizens Police Academy; voiced approval of the police special enforcement detail; and urged the community to combat crime by reporting suspicious activity in their neighborhoods. CITIZEN ADVISORY WATER BOARD Rex Combs, Tustin, noted dissolution of the Water Board and advised Council that should a citizen advisory water board be formed in the future, the membership should be derived from Tustin Water District residents; and commended staff for their support of the Water Board. GANG SUPPRESSION UNIT Richard Trufay spoke in support of the gang suppression unit; expressed fear that the Youth Center would become a gathering place for gangs; the community should be educated in identifying gang members; and citizen donations toward the gang suppression unit. OTHER BUSINESS/COMMITTEE REPORTS TUSTIN GARDENS CABLE SERVICE Councilmember Doyle reported that cable service had been installed at Tustin Gardens to the delight of the residents and he commended Councilmember Potts and staff for their efforts. YOUTH CENTER Councilmember Potts stated that youth programs were a necessity and the Youth Center would not become a gang locale because of police and staff presence, positive role modeling, and parenting CITY COUNCIL MINUTES Page 10, 6-17-96 classes. GRAD NITE FUNDING POLL Mayor Worley reported that a recent poll in the Orange County Register newspaper indicated that 90 percent of the respondents were opposed to spending taxpayer dollars to support alcohol-free grad nites. CLOSED SESSION - None Mayor Worley adjourned the meeting at 8:55 p.m. The City Council had scheduled Commission/Committee interviews on June 24, 1996, at 5:30 p.m. The next regular meeting of the City Council was scheduled for Monday, July 1, 1996, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. TRACY WILLS WORLEY, MAYOR PAMELA STOKERv CITY CLERK