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HomeMy WebLinkAboutCC MINUTES 1995 11 20MINUTES REGULAR MEETING OF,THE 'CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 20, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:04 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. ;+ -INVOCATION i The Invocation was given by Reverend Andrew Bagley, Church of Scientology. ROLL CALL Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney 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 Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Dan Fox, Senior Planner Dana Ogdon, Senior Planner Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Joe Meyers, Administrative Assistant Approximately 80 in the audience PROCLAMATIONS VOLUNTEER INSTRUCTIONAL PROGRAM Mayor Potts read and presented a proclamation to Malcolm and Margaret Jones, acknowledging the Volunteer Instructional Program. Margaret Jones thanked Council for the proclamation supporting the Program, and for recognizing the needs in the Tustin Unified School District classrooms. Mayor Pro Tem Worley thanked Dr. and Mrs. Jones for volunteering time in the local schools. ANTI GRAFFITI CONTEST WINNERS Mayor Potts read and presented proclamations to Kera Allen, First Place fifth grade Anti Graffiti Contest Winner, David Leal, First Place eighth grade Anti Graffiti Contest Winner, and Katie Rogers, First Place fourth grade Anti Graffiti Contest Winner. Lou Bone, Tustin Pride Committee Chairperson, presented Disneyland passes to the contest winners. PUBLIC INPUT TUSTIN UNIFIED SCHOOL DISTRICT STUDENT ENROLLMENT COMMITTEE Ernie Ching, 1602 Grandoaks Circle, Tustin, reported on formation of the Tustin Unified School District Student Enrollment Committee which will study student growth projections, including projections related to the Tustin Marine Corps Base closure, and he requested the Committee be included in the reuse planning. Council/speaker discussion followed regarding Council's support of the Committee, and that cooperative efforts and increased communication between the City and the Tustin Unified School CITY COUNCIL MINUTES Page 2, 11-20-95 District were necessary to determine future base and school district needs. ORANGE COUNTY BANKRUPTCY Councilmember Doyle expressed displeasure that the County continued to spend approximately $13,000 per hour since the bankruptcy and he encouraged` residents to become informed of the County's excessive expenditures and protest. PUBLIC HEARING ( ITEMS 1 THROUGH 4 ) 1. RECOVERY OF CITY COSTS FOR THE ABATEMENT OF A PUBLIC NUISANCE AT PROPERTY LOCATED AT 1776 NISSON ROAD, AND TWO PROPERTIES LOCATED IN EAST TUSTIN AT TRACT.13908, AND TRACT 13627, LOT 26 Dana Ogdon, Senior Planner, explained public nuisance abatement procedures staff followedincluding responding to citizen complaints regarding weed growth in vacant parcels; posting properties and notifying property owners of the public nuisance violation and instructing them to clear the weeds from their properties, and that lack of weed abatement by the property owner resulted in legal action by the City to recover costs in clearing the property. He stated that after several attempts to contact the property owners of Tract No. 13627, Lot 26, San Ramo Development Company, and Tract. No. 13908, Bramalea Development, staff learned the owners were in bankruptcy and would not perform property clean-up. Attempts to reach the property owner of 1776 Nisson Road were unsuccessful. He said that on July 18, 1995, the three properties were posted and the _property owners were notified by mail of pending weed abatement. The property owners had the right to appeal with the City by July 28, 1995; however, no appeals were received. Council/staff discussion followed regarding contacting the Bramalea Development trustee to ascertain if payment would be made on the weed abatement before recording a lien on the property; and providing Council with the identity of the property owner of 1776 Nisson Road at the December 41 1995 meeting, before further action was taken. Mayor Potts opened the public hearing at 7:41 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Doyle seconded by Thomas, to continue this item to the December 4, 1995 Council meeting; and direct staff to identify responsible parties for the three properties and attempt to collect restitution of weed abatement costs. Motion carried 5-0. 44U-lU 2. CODE AMENDMENT 95-004, AMENDMENTS TO OFFICE OF THE ZONING ADMINISTRATOR Rita Westfield, Assistant Director of Community Development, reported that the Office of the Zoning Administrator was established in 1972. Recently, staff conducted a survey of Orange County cities regarding zoning administrator duties and presented those results to the Planning Commission. Upon review, the Planning Commission recommended changes to the scope of duties which would improve processing efficiency for certain routine conditional use permits,, and specific development and variance applications. She summarized, the proposed changes including approving: 20 percent deviations for setbacks, architectural projections, and non-residential parking uses; 10 percent deviation of building sites; certain conditional use permits for alcoholic beverage sales in restaurants; second hand sales without pawning; temporary uses to a maximum of 6 months; industrial building office floor area greater than 50 percent; certain types of amendments to conditions of approval; and minor design reviews in the Redevelopment Project areas. CITY COUNCIL MINUTES Page 3, 11-20-95 Council/staff discussion followed regarding the consistency of the City's Alcoholic Beverage Control regulations and the proposed zoning administrator approval of on-site alcoholic beverage sales conditional use permits; the zoning administrator would continue to refer sensitive issues to the Planning Commission; and the proposed modifications would save applicants time and money. Mayor Potts opened the public hearing at 7:46 P.M. There were no speakers on the subject and the public hearing was closed. Council/staff discussion followed regarding zoning administrator approval of pawning conditional use permits. Councilmember Saltarelli requested eliminating the zoning administrator's authority to issue permits for pawning operations. It was moved by Thomas seconded by Worley, to approve the Environmental Determination for the project by adopting the following Resolution No. 95-112; and have first reading by title only and introduction of Ordinance No. 1157 as modified to eliminate Office of Zoning Administrator authority on pawning operations: RESOLUTION NO. 95-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 95-004 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Council/staff discussion followed regarding building interior alterations did not require zoning administrator review; policies !001" used by staff to approve interior alteration permits; and maintaining current setback guidelines. The City Clerk read the following Ordinance No. 1157 by title 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 5-0. 610-70 3. GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT (IRVINE COMPANY) Councilmember Saltarelli announced he would abstain from voting on this item and left the digs. Dan Fox, Senior Planner, summarized the background of the project including: Council continuance of this matter for applicant revision of the project; Planning Commission review of the modifications; public workshops conducted regarding the 40 -acre former high school site and land use alternatives; the Planning Commission's alternative No. 3 identifying medium -low land use designation on Tustin Ranch Road and Heritage Way, a 3.6 acre park site at Tustin Ranch Road and Heritage Way, increased parking rates, and a medium density apartment site on Irvine Boulevard; the apartment site would accommodate approximately 400 two-story apartment units at 18 dwelling units per acre; and The Irvine Company proposed alternative No. 4 included in part, a medium density townhome site along Tustin Ranch Road with 16 two-story dwelling units per acre. He stated that review of the project environmental documentation revealed flexibility between The Irvine Company and Planning Commission proposals; there would be no additional impacts from one alternative to the other; both alternatives would create the same traffic generation; traffic generations would be less with either proposed alternative than with the original high school site proposal; and the East Tustin Development Agreement stipulated The Irvine Company build -out cap ._..._.._...._..... _ . . CITY COUNCIL MINUTES Page 4, 11-20-95 of 8,058 dwelling units, a reduction of approximately 12 percent from the allowable 9,178. The following member of the audience spoke in favor of General Plan Amendment 94-001, Zone Change 94-004, Second Amendment to the East Tustin Development: Agreement; summarized the Planning Commission and The Irvine Company alternatives; noted The Irvine Company was agreeable to: lowering the apartment build -out to 350, contributing $200,000 toward the City's park improvement fund, accepting the Planning Commission's proposed parking standards, agreeing to the expansion of the proposed park and no future condominium conversions, construction of 2 -story apartments, and re -location of the apartments from Tustin Ranch Road; and he described the proposed park amenities: Mike LeBlanc, The Irvine Company Mayor Potts opened the public hearing at 8:15 p.m. The following member of the audience spoke in favor of General Plan Amendment 94-001, Zone Change 94-004, Second Amendment to the East Tustin Development Agreement; first phase completion of the proposed park; minimizing densities along Heritage Way and Tustin Ranch Road; and renaming Heritage Way to Parkcenter Lane: Mark Gaughan, 2291 San Leandro, Tustin, The following member of the audience spoke in favor of park construction; and opposed. apartment construction adjacent to detached sirgle family homes: Cheryl Stracker, Cortina, Tustin The following member of the audience spoke in favor of General Plan Amendment 94-001, Zone Change 94-004, Second Amendment to the East Tustin Development Agreement; questioned the future location of the elementary school site; and questioned what amendments were planned for the former high school site: Tim Curry, 2560 Alister Avenue, Tustin, Mayor Potts responded that if Council approved the proposed project, 350 apartments would be constructed on the high school site. Dan Fox, Senior Planner, responded that two additional sites included land use changes; one site involved the school district constructing an elementary school on Rawlings Way and Township Drive, and The Irvine Company medium -low density designation with build -out of 71 units; and the second site included 19 acres designated as a "for sale" site, and a 12 acre parcel located on Jamboree Road and Portola Parkway, designated as a neighborhood commercial site. There were no other speakers on the subject and the public hearing was closed at 8:25 p.m. Mayor Pro Tem Worley noted the lengthy negotiation time between The Irvine Company and staff to resolve this issue; supported the proposed amendments with the addition of converting the 3.6 acre park to a 5 acre park; said the East Tustin Specific Plan allowed The Irvine Company to construct 439 additional apartments; supported park funding at project commencement; summarized the compromises reached on the project; and stated that she was pleased with the proposed plan including the additional 1.4 acres of park land. Councilmember Thomas stated that Council had been receptive to residents' concerns by negotiating for apartment build -out of less than 25 percent, prohibiting additional condominium conversions and construction of 3 -story apartments, and area traffic reduction. He summarized benefits of the area and supported acquiring additional land for the 5 -acre park. William Huston, City Manager, summarized recommended modifications to the Development Agreement including specifying a funding agreement for acquisition of the additional 1.4 acres for the 5 acre park site; combining The Irvine Company $200,000 contribution for park improvements with additional required funding to construct the park in one phase; and stipulating funding acquisition and repayment schedule by a formal agreement at a later date. Councilmember Thomas stated his support for approval of the project with inclusion of the additional 1.4 acres for the park site; requested staff and The Irvine Company work together to reach an agreement on the park land; and noted this project would be the last apartments constructed in the Tustin Ranch area. Council/speaker LeBlanc discussion followed regarding the location and size of the parks in the Tustin Ranch area; lack of amenities at Laurel Glen and Camino Real Parks; the proposed 5 acre park amenities; the process behind the City's passive park construction; the importance of a park with amenities in the area; passive parks were utilized by many residents; and the neighborhood parks were open to everyone. Mayor Potts stated that Tustin had less parks than many Orange County cities; encouraged the public to use the City's parks; said that the lack of parking made neighborhood parks less accessible to the public; noted the proposed 5 acre park would include parking; stated that past Councils were responsible for allowing the high density in the Tustin Ranch area; supported 24 percent apartment density; commended Mayor Pro Tem Worley on the positive results of the project negotiations with The Irvine Company; supported renaming Heritage Way to Parkcenter Lane; was pleased with the traffic reduction projections; reiterated that no additional apartment construction would take place in Tustin Ranch; and noted the proposed apartment amenities. Council/staff/speaker LeBlanc discussion followed regarding The Irvine Company's Quimby Act requirement of providing a 3.6 acre park; The Irvine Company negotiating with staff regarding a funding program to acquire the additional 1.4 acres for the proposed 5 acre park; and the park provided essential open space in the area. William Huston, City Manager, stated another amendment to the proposed Development Agreement was inclusion of a numerical cap to insure 24 percent apartment density. Mayor Potts recessed the meeting at 8:51 p.m. The meeting reconvened at 9:00 p.m. William Huston, City Manager, noted an additional amendment to the proposed Development Agreement which stipulated park dedication improvement payment or -payback schedule. Council/staff/speaker LeBlanc discussion followed regarding the acquisition of the additional 1.4 acre park land interest rate; ,,- the payback period to be not less than 5 years; and appropriation of funds for the park; early release of property could be exchanged for the additional 1.4 acre park property; park construction commencement date; and dedicating property tax revenue to defer park costs and maintenance. The following member of the audience spoke regarding additional 1.4 acre park acquisition costs and questioned what park construction costs would be: Berklee Maughan, Tustin William Huston, City Manager, responded that the capital cost for park construction would be approximately $800,000. Council/staff/speaker Maughan discussion followed regarding final Development Agreement terms; construction of a 3.6 acre park was CITY COUNCIL MINUTES Page 6, 11-20-95 guaranteed by The Irvine Company; appraisal would provide true land cost; land exchange for additional park land; and the importance of acquiring the land before construction commenced. It was moved by Worley, seconded by Thomas, to adopt the following Resolution Nos. 95-44 and 95-114; and introduce the following Ordinance Nos. 1148 and 1150 by title only, as modified to incorporate The Irvine Company Alternate 4 with a maximum of 350 apartment units on the former high school site; dedication of a 3.6 acre park site on the former high school site; The Irvine Company to advance monies -.for the City acquisition of an additional 1.4 acres, as well as design and development costs of the total 5 acre park subject to entering into a repayment agreement; a $200,000 park contribution; and increased parking rates. RESOLUTION NO. 95-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 85-2, AS MODIFIED BY SUBSEQUENTLY APPROVED SUPPLEMENTS AND ADDENDA, WITH ADDENDUM NO. 5 RELATED TO GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, AMENDMENTS TO THE EAST TUSTIN SPECIFIC PLAN AND SECOND AMENDMENT TO :THE EAST TUSTIN DEVELOPMENT AGREEMENT, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 95-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT, 94- 001 TO CHANGE THE LAND USE DESIGNATION OF THE CITY'S GENERAL PLAN LAND USE MAP ON CERTAIN PROPERTIES WITHIN THE EAST TUSTIN SPECIFIC PLAN AREA 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 ORDINANCE N0. 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 EAST TUSTIN 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 abstained. 4. CODE AMENDMENT 95-003 (CITY.OF TUSTIN) 615-20 400-10 Rita Westfield, Assistant Director of Community Development, reported that in 1986 "Parents Who Care" requested Council consider amendments to the city's Alcoholic Beverage Control (ABC) regulations and adopt procedures to regulate alcoholic beverage establishments, and in 1987, new ABC distance requirements and policy guidelines were adopted. In 1994, the Planning Commission requested staff review the City's ABC regulations and guidelines resulting in recommended changes to the ABC policy including minimum distance requirements, computation of distance separations, and policy guidelines for on-site and off-site alcoholic beverage sales' establishments. She stated that Councilmember Doyle had expressed concern regarding the distance regulations and guidelines in the proposed policy and requested the City Attorney's office address the concerns. She summarized the City Attorney's alternative actions including adopting an ordinance to remove all distance criteria rteria as a pre -condition for obtaining a conditional use permit (CUP), and decide each project on a case by case basis;maintain the City's current ordinance without changes; adopt the Planning Commission's recommended ordinance which establishes minimum distance regulations and distance measurement criteria,for'on-site and off-site alcoholic beverage sales establishments and expanded the listing of sensitive protected uses in all commercial and industrial zoning districts where alcoholic beverage sales were presently a CITY COUNCIL MINUTES Page 7, 11-20-95� conditionally permitted; or adopt an ordinance that increased the number of feet from sensitive uses, as proposed by the Planning Commission, keeping existing distance requirements from other off- site sales establishments, and delete the distance requirements from on-site sales establishments. Councilmember Doyle stated that government imposed too many ^^, restraints on businesses; opposed government requirements on refrigerator placement in businesses; and he supported adoption of an ordinance which removed all distance criteria as apre- condition for obtaining a CUP and to review each project on a case by case basis. Mayor Potts opened the public hearing at 9:23 p.m. The following member of the audience spoke in favor of establishing new minimum distance regulations for on-site and off- site alcoholic beverage sales establishments: Jack Miller, 17352 Parker Drive, Tustin There were no other speakers on the subject and the public hearing was closed at 9:27 p.m. Mayor Pro Tem Worley stated she supported the Planning Commission's recommended ordinance; noted Southland Corporation, 7-11 Stores, stated the ordinance would not restrict their business in the City; commented that an excess of 7-11 and liquor stores contributed to blight and crime and remarked on statistics revealing the excess number of liquor stores located in South Central Los Angeles prior to the riots; and reiterated her support for the Planning Commission's proposed ordinance. It was moved by Worley seconded by Thomas, to adopt the following Resolution No. 95-94: RESOLUTION NO. 95-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 95-003 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Councilmember Doyle stated, that in his opinion, the Planning Commission's recommended ordinance would expose the City to potential lawsuits and stated that each conditional use permit should be reviewed on a case by case basis. Council/staff discussion followed regarding that discretionary guidelines regulated refrigerator placement requirements; and Planning Commissioner Bone had opposed adoption of the proposed Planning Commission ordinance. Councilmember Saltarelli stated that the Planning Commission had reviewed this issue thoroughly and he would support their recommendation. He pointed out that the proposed ordinance simply changed the degree of how the City regulated the conditional use permits from the past, and that staff had not received opposition from liquor lobbies or 7-11 stores to the Planning Commission's proposed ordinance. Council/staff discussion followed regarding the proposed regulations referred to distance requirements of future liquor store construction in the City; and business owners had the right to appeal refrigerator placement regulations to the Planning Commission. Motion carried 4-1, Doyle opposed. It was moved by Saltarelli, seconded by Thomas, to approve introduction of the following Ordinance No. 1161: ORDINANCE NO. 1161 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE CITY COUNCIL MINUTES Page 8, 11-20-95 COMMERCIAL AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY CODE DISTANCE SEPARATION REGULATIONS FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS (C.A. 95-003) Motion carried 4-1, Doyle opposed. 610-20 CONSENT CALENDAR (ITEMS 5 THROUGH 16) Mayor Potts and Councilmember Saltarelli announced they would abstain from voting on Consent Calendar Item No. 15, Approval of the November 6, 1995 Minutes, due to their absence from that meeting. Item No. 16 was removed from the Consent Calendarby the remainder of the er Thomas. It was moved by Worley, seconded by Doyle, to approve Consent Calendar as recommended by staff. Motion carried 5-0. 5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,115,365.50 and ratify Payroll in the amount of $336,213.05. 380-10 360-82 6. AWARD CONTRACT FOR WATER MAIN REPLACEMENT ON FAIRHAVEN AVENUE AT SR -55 FREEWAY - PROJECT N0. 600127 Recommendation: Award the contract for the subject project to B.R. Day Construction, Inc. of Covina, California,the in Public a amount Of $59,874.00 as recommended by 400-45 Department/Engineering Division. 7. RESOLUTION NO. 95-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA USED OIL RECYCLING BLOCK GRANT PROGRAM TO OPERATE A USED OIL RECYCLING PROGRAM Recommendation: Adopt Resolution No. 95-113 approving an application for State grant funds in the amount of $19,375 to maintain and manage a used oil recycling program as recommended by the Public Works Department/Engineering Division. 400-10 g. CLAIM OF MARIA ORNELAS: CLAIM NO. 95-30 Recommendation: Reject Claim No. 95-30, Maria Ornelas, and direct the City Clerk to give proper notice of the rejection to the claimant and to the claimant's attorney as recommended by the City Attorney. 180-10 9. CLAIM OF VILMA FLORES: CLAIM NO. 95-39 Recommendation: Reject Claim No. 95-39, Vilma Flores, and direct the City Clerk to give proper notice of the rejection to the claimant and to the claimant's attorney as recommended by the City Attorney. 180-10 10. CLAIM OF FARNAVAZ KASRA: CLAIM NO. 95-34 Recommendation: Reject Claim No. 95-34, Farnavaz Kassa, and direct the City Clerk to give proper notice of the rejection to the claimant and to the claimant's attorney as recommended by the 180-10 City Attorney. 11. AWARD OF GRAFFITI REWARD Recommendation: Award a $250 reward out of non -departmental funds to an anonymous witness for actions leading to the issuance of a citation to a graffiti vandal as recommended by the Community Development Department. 900-40 12. RESOLUTION NO. 95-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 95-108 amending the classification plan to include the position of Senior Center Receptionist Clerk as recommended by Personnel Services. 510-25 13. RESOLUTION NO. 95-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM THE TUSTIN REDEVELOPMENT AGENCY TOWN CENTER PROJECT AREA FOR THE PURPOSE OF RELIEVING THE FLOODING CONDITIONS ON IRVINE BOULEVARD OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT Recommendation: 1) Adopt Resolution No. 95-121 so that tax funds CITY COUNCIL MINUTES Page 9, 11-20-95 allocated to the RDA Town Center Project Area may be used outside the boundaries of the Project Area for the purpose of relieving the flooding conditions on Irvine Boulevard; and 2) authorize staff to process a Professional Services Agreement with NBS/Lowry, Inc., for providing Engineering Services for the subject project in the amount of $111,902 and authorize execution of the agreement by the Mayor and City Clerk as recommended by the Public Works ^�^ Department/Engineering Division. 400-10 14. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 13, 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 13, 1995. 15. APPROVAL OF MINUTES —NOVEMBER 6, 1995 REGULAR MEETING 120-50 Recommendation: Approve City Council Minutes of November 6, 1995. Motion carried 3-0, Potts, Saltarelli abstained. CONSENT CALENDAR ITEM NO. 16 - INVESTMENT REPORT AS OF JUNE AND JULY, 1995 Councilmember Thomas complimented staff on reformatting the staff report and including footnotes; requested future reports include pi chart graphics, removal from the Consent Calendar, and include Treasurer philosophy. Mayor Potts stated the Audit Committee had discussed employing a part-time Treasurer to assist staff and that position could also implement changes in the staff report. It was moved by Thomas seconded by Doyle, to receive and file subject report. Motion carried 5-0. 355-50 REGULAR BUSINESS ''ITEMS 17 THROUGH 22) 17. ORDINANCE NO. 1159 - UNIFORM FIRE CODE Mayor Potts announced he would abstain from voting on this matter due to absence at the November 6, 1995 Council meeting. It was moved by Doyle seconded by Thomas, that following second reading by title only of Ordinance No. 1159 by the City Clerk, to adopt Ordinance No. 1159. The City Clerk read the following Ordinance No. 1159 by title only: ORDINANCE NO. 1159- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SPECIFIC SECTIONS OF ARTICLE 5 OF THE TUSTIN CITY CODE AND ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1994 EDITION, WITH APPENDICES AND THE UNIFORM FIRE CODE STANDARDS, 1994 EDITION WITH APPENDICES; WITH AMENDMENTS THERETO AS THE FIRE PROTECTION REGULATIONS OF THE CITY OF TUSTIN Motion carried 4-0, Potts abstained. (roll call vote) 460-50 18. APPROVAL OF AN AGREEMENT WITH ELLER MEDIA COMPANY FOR BUS SHELTERS AND BENCHES (Formerly Patrick -Target Media) Joe Meyers, Administrative Assistant, reported that on July 5, 1994, Council approved the Request for Proposals (RFPs) for advertising bus shelters. He stated three proposals were submitted to the City and each one was based on the vendor's evaluation of the City's needs and extent to which they would be willing to serve the City. Each proposal contained different product and service mixes and a wide variety of shelter locations. An evaluation committee was created and analyzed each proposal for meeting the RFP minimum requirements, reference checks, financial status, and proposed shelter/bench locations. He said that based upon the evaluation committee recommendation, Council authorized CITY COUNCIL MINUTES Page 10, 11-20-95 staff to enter into negotiations with Patrick -Target Media in January 199E. He explained the reason for the delay of several months in the negotiation process including resignation of the staff member involved in the preliminary work; and Eller Media Company's purchase of Patrick -Target Media. He stated the recommended proposed agreement from Eller Media Company was for an exclusive franchise to purchase, install and maintain 44 advertising bus shelters, 4 non -advertising shelters, and 35 bus benches at various locations in the City. Council/staff discussion followed regarding that the reduction of acceptable advertising bus shelters were based upon factors such as staff evaluation of each proposed site and Orange County Transit Authority ddertisin hip information; bus shelters and reducedreduction amountthe of number of proposed g revenue to the City. The following member of the audience spoke in opposition to the City's RFP process; supported Eller Media Company's contract; suggested modifying the staff report contract format; stated that the original proposal was not included in the staff report; and noted the City owned bonds in Patrick -Target Media at the time the proposal was approved in January 1995: Alex Carrassi, 14181 Yorba Street, Tustin William Huston, City Manager, responded that the bid process had been appropriate; stated staff had indicated in the original staff report to Council the unique nature of advertising bus shelters; noted the benches and shelters would be built in public right-of- ways not private or commercially owned property; said the benches would provide public convenience; and reiterated that the RFP selection process was completely objective. Mayor Potts requested changing the staff report contract format. Councilmember Thomas stated that advertising bus benches would provide advantages to citizens and the City including covered benches would provide protection and convenience for bus riders as well as encourage bus ridership; and the City would receive revenue. It was moved by Saltarelli seconded by Thomas, to approve the Agreement with Eller Media Company for the construction, installation and maintenance of advertising bus shelters, non - advertising bus shelters and bus benches and authorize the Mayor to execute the Agreement. Motion carried 5-0. 19. TUSTIN BRANCH SPUR BIRETRAIL 400-10 Rita Westfield, Assistant Director of Community Development, reported that Caltrans had been working for over two years on the acquisition of a 7 mile section of abandoned Southern Pacific Railroad (SPRR) Tustin Branch Spur right-of-way for the development of a multi-purpose bicycle trail. She said the SPRR right-of-way extended through a small section of Tustin, unincorporated North Tustin, Villa Park, and orange, and when combined with the existing multi -use trails would provide a continuous uninterrupted trail from the City of Orange to the Newport Avenue trail north of Irvine Boulevard in Tustin. She stated that funding for the acquisition and improvement of the bicycle trail would be provided through the Federal Transportation Enhancement Activities (TEA) Program and the City of orange would assume the role of applicant for the TEA application since the majority of the trail project was located in Orange. She said the City of Orange had requested that Tustin, Villa Park, and the County of Orange unincorporated area participate as TEA program co -applicants on the grant request for the project. It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 95-107 authorizing the Public Works Director to CITY COUNCIL MINUTES Page 11, 11-20-95 apply as a co -applicant for funds for the Transportation Enhancement Activities Program: RESOLUTION NO. 95-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY OF ORANGE TO APPLY FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991, IN BEHALF OF THE CITY OF TUSTIN AS CO -APPLICANT FOR THE TUSTIN BRANCH TRAIL BIKEWAY PROJECT Mayor Potts stated he was pleased the City of Orange agreed to be the TEA program applicant; stated he had requested the Historical Society develop plans for a historical marker for the trail; and that the trail would be a positive addition to the community. Motion carried 5-0. 660-05 20. FINDING OF BENEFIT FOR USE OF AGENCY FUNDS FOR ACQUISITION AND REHABILITATION AT 14722 NEWPORT AVENUE Mike Henley, Director of Community Services, reported the property, located at 14722 Newport Avenue, would be used for the future Newport Youth and Family Center. He said that the finding of benefit was necessary in order to permit South Central tax increment funds to be used outside the area boundary. It was moved by Doyle seconded by Worley, to approve the following Resolution No. 95-122 making a finding of benefit to permit South Central tax increment funds to be used outside of the Project Area for the purpose of acquisition and rehabilitation at 14722 Newport Avenue for development of a youth center: RESOLUTION NO. 95-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM THE SOUTH CENTRAL PROJECT AREA FOR THE PURPOSE OF ACQUIRING PROPERTY AND UNDERTAKING REHABILITATION ACTIVITIES AT 14722 NEWPORT AVENUE WILL BE OF BENEFIT TO THE PROJECT Motion carried 5-0. 490-10 21. LEGAL SERVICES AGREEMENT It was moved by Worley..,seconded by Saltarelli, to approve the legal services agreement with Rourke, Woodruff and Spradlin. Motion carried 4-1, Potts opposed. Mayor Potts recessed the meetingat 10:07 400-10 at 10.14 p.m. The meeting was reconvened p.m. 22. REFINANCING OF TUSTIN RANCH ASSESSMENT DISTRICT BONDS (AD 85-1 AND AD 86-2) Ronald Nault, Director of Finance, noted a correction on the staff report recommendation for Assessment District No. 95-1 No. 3, which should read "Resolution for Issuance No. 95-117." Lora Stovall, Bartle Wells Associates, summarized the benefit to the City by the recent decrease in interest rates; one assessment district formation included owner occupied homes and the other included property owned by The Irvine Company; debt service was approximately $3.5 million; approximate savings per parcel of $419; debt service reduction of 33.7 percent; tax change on individual parcels of 19 to 36 percent; outstanding bonds would be called on March 2, 1996; and the new reduced assessment would go on the 1996/97 tax roll. Council/staff/speaker Stovall discussion followed regarding homeowner property tax savings of 19-36 percent; refinancing of fixed rate bonds through a Joint Powers Authority; estimated 10 percent property tax rebates; tax bill assessment reduction would begin in 1996/97; notifying affected Tustin Ranch residents of tax reduction; and interest rate reduction over the past 9 months CITY COUNCIL MINUTES Page 12, 11-20-95 caused tax savings of approximately $4 million. It was moved by Doyle seconded by Thomas, to adopt the following Resolution Nos. 95-115, 95-116, 95-117, 95-118, 95-119, and 95- 120: RESOLUTION N0. 95-115 - A RESOLUTIONFTOTHE LEVY REASSESSMENTS AND CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO ISSUE REFUNDING BONDS UPON THE SECURITY THEREOF RESOLUTION NO. 95-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REASSESSMENT REPORT FOR REASSESSMENT DISTRICT NO. 95-1 (TUSTIN RANCH), CONFIRMING AND. ORDERING THE REASSESSMENT PURSUANT TO SUMMARY PROCEEDINGS THEREFOR AND DIRECTING ACTIONS WITH RESPECT THERETO RESOLUTION NO. 95-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $46,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF TUSTIN LIMITED OBLIGATION IMPROVEMENT BONDS, REASSESSMENT DISTRICT NO. 95-1 (TUSTIN RANCH), APPROVING THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, AN ESCROW AGREEMENT, A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO RESOLUTION NO. 95-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO LEVY REASSESSMENTS AND TO ISSUE REFUNDING BONDS UPON THE SECURITY THEREOF RESOLUTION NO. 95-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE REASSESSMENT REPORT FOR REASSESSMENT DISTRICT NO. 95-2(TUSTIN RANCH), CONFIRMING AND ORDERING THE REASSESSMENT PURSUANT TO SUMMARY PROCEEDINGS THEREFOR AND DIRECTING ACTIONS WITH RESPECT THERETO RESOLUTION NO. 95-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $51,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY OF TUSTIN LIMITED OBLIGATION IMPROVEMENT BONDS, REASSESSMENT DISTRICT NO. 95-2 (TUSTIN RANCH), APPROVING THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, A REIMBURSEMENT AGREEMENT, AN ESCROW AGREEMENT, A PURCHASE CONTRACT AND A REMARKETING AGREEMENT AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO Motion carried 5-0. PUBLIC INPUT - None OTHER BUSINESS SPORTS PARR 410-40 410-50 410-25 410-30 Councilmember Doyle requested placement of a flag pole at the Sports Park. Councilmember Saltarelli expressed pleasure with the Sports Park, noted how heavily it was utilized, and expressed concern with the quality of the track and requested it be sealed before the rainy season and City maintenance trucks refrain from driving on the asphalt. Mayor Potts noted that the Sports Park was open and he requested a map be made available to inform the public of its location. CONDITION OF SCHOOL LOT Councilmember Saltarelli complained about the condition of the school lot adjacent to the Sports Park and requested a status report on weed abatement. CITY COUNCIL MINUTES Page 13, 11-20-95 DECEMBER 18, 1995 COUNCIL MEETING Councilmember Saltarelli requested Council consider not holding a second meeting in December and, if a meeting was necessary, he requested it be held on Tuesday, December 19, 1995. GENERAL PLAN AMENDMENT 94-001 AND ZONE CHANGE 94-004 Councilmember Saltarelli commended Council on their negotiations and decision regarding The Irvine Company project and he was pleased that additional open space would be part of the development. CITY HALL BROCHURE DISPLAY RACK Councilmember Thomas commended staff for providing a display rack with "how to,, planning brochures for the public and requested the public be made aware of their availability. UCLA VICTORY Councilmember Thomas expressed football victory over USC. HAPPY THANKSGIVING pleasure with the recent UCLA Councilmember Thomas wished everyone a happy Thanksgiving. DINOSAUR DASH Mayor Potts commented on a successful Tustin Unified School District Dinosaur Dash event and his participation as the race starter. $4,000 REWARD FOR ARREST/CONVICTION OF HALLOWEEN PELLET GUN SHOOTING SUSPECTS Mayor Potts requested an emergency measure for the authorization of the Council to appropriate a $4,000 reward for information leading to the arrest and conviction of those responsible for the Pellet gun shootings of youngsters on Halloween night. It was moved by Potts seconded by Thomas, to approve agendizing appropriating a reward for the information leading to arrest and conviction of suspects involved in the October 31, 1995 shootings of two children in Tustin as an emergency item, that the need to take action arose subsequent to the agenda posting, and there was a need to take immediate action. Motion carried 5-0. It was moved by Potts seconded by Thomas, to authorize a $4,000 reward for the arrest and conviction of suspects involved in the pellet gun shootings on October 31, 1995. Motion carried 5-0. MEMORIAL PLAQUE - CARL CLAES Mayor Potts requested a report at the December 4, 1995 meeting, regarding placement of a plaque at the Sports Park in memory of Carl Claes, Currie Middle School student murdered in May 1995. Council discussion followed regarding placement of other names on the Sports Park plaque; bike trail plaques; and the City's memorial tree planting policy. COMMITTEE REPORTS - None CLOSED SESSION Mayor Potts announced the City Council would convene in closed session to confer with their real property negotiators regarding a portion of the CITY COUNCIL MINUTES Page 14, 11-20-95 property located at 3075-3097 Edinger Avenue, Tustin, California. The negotiating parties were the City of Tustin and Jamboree Properties. The instructions to the negotiator will include price and terms of payment. Action taken and final documents will be reported in accordance with the Brown Act. AWOURM[ENT Mayor Potts adjourned the meeting at 10:44 p.m. The next regular meeting of the City Council was scheduled for Monday, December 4, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JIM "OTT , YO APAJIM T , CIT CLERK MINUTES SPECIAL MEETING OF THE TUSTIN PUBLIC; FINANCING AUTHORITY CITY OF TUSTIN, CALIFORNIA NOVEMBER 20v 1995 CALL TO ORDER The meeting was called to order by Chairperson Potts at 10:44 p.m. at the Council Chambers, 300 Centennial Way, Tustin. California � -- ROLL CALL Members Present: Members Absent: Recording Secretary: Others Present: P"' REGULAR BUSINESS (ITEM 1) Jim Potts, Chairperson Tracy A. Worley, Chairperson Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas None Pamela Stoker William A. Huston, City Manager Lois Jeffrey, City Attorney 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 Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Dev. Dan Fox, Senior Planner Dana Ogdon, Senior Planner Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Joe Meyers, Administrative Assistant Approximately 2 in the audience 1• REFINANCING OF TUSTIN RANCH ASSESSMENT DISTRICT BONDS (AD 85-1 AND AD 86-2) It was moved by Worley seconded by Thomas, to adopt the following Resolution No. TPFA 95-1: RESOLUTION NO. TPFA 95-1 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TUSTIN PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $46,000,000 AGGREGATE PRINCIPAL AMOUNT OF TUSTIN PUBLIC FINANCING AUTHORITY REVENUE BONDS (TUSTIN RANCH), SERIES A, APPROVING THE EXECUTION AND DELIVERY OF AN INDENTURE AND BOND PURCHASE AGREEMENTS AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO Motion carried 5-0. 410-25 410-30 OTHER BUSINESS - None 410-40 CLOSED SESSION - None 410-50 ADJOURNMENT 7" Chairperson Potts adjourned the meeting at 10:45 p.m. JIM POTTS C IRP RSON . /► ►�► 1. : •i��:.' �