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HomeMy WebLinkAboutCC MINUTES 1995 06 19MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN CALIFORNIA JUNE 19, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:00 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. The Invocation was given by Mayor Pro Tem Worley. ROLL CALL Council Present: Council Absent: City Clerk Wynn: Others Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Thomas R. Saltarelli Absent William A. Huston, City Manager Lois Jeffrey, Interim City Attorney Christine Shingleton, Assistant City Manager Fred Wakefield, Police Captain Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Beverley White, Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Dana Kasdan, Engineering Services Manager Dan Fox, Senior Planner Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Approximately 35 in the audience PUBLIC INPUT (Agenda Order) ,off ayor Potts moved this item out of agenda order. APARTMENT ADVERTISING SIGNS Regina Amthauer, Tustin Effective Apartment Managers representative, requested Council approve on-site apartment advertising and weekend "move -in" signs for a trial period of 90 days. Council/staff discussion followed regarding on-site apartment banner approval would reduce off-site advertising in the City; Planning Commission review of the matter; code enforcement of off- site advertising; and the Planning Commission was revising the sign code and a draft would be submitted for Council review. STAFF COMMENDATION Berklee Maughan, Tustin, complimented the Field Services staff on the improved maintenance and appearance of City parks. PALM TREE REPLACEMENT - R -MART Mike Anderson, 2473 Via Corella, Tustin, questioned when palm tree replacement at K -Mart would occur. Christine Shingleton, Assistant City Manager, responded that replacement of the trees was scheduled for the first week of July. i ABANDONED SHOPPING CARTS/AUTO MALL VEHICLE TEST DRIVING Jane Anderson, 2473 Via Corella, Tustin, complained about the difficulty in reporting abandoned shopping carts in the Tustin Ranch area; and complained that vehicles test-driven from the Tustin Auto Mall were illegally stopping on streets and blocking the Sevilla Development entrance. Mayor Potts responded that reporting procedures for abandoned shopping carts would be improved; and a letter would be forwarded to Tustin Auto dealers regarding test-driven vehicles unlawfully stopping on City streets. CITY COUNCIL MINUTES Page 2, 6-19-95 VEHICLE TOWED WITHOUT NOTIFICATION Bruce Traywick, 14651 Pacific Street, Tustin, complained that the Police Department had towed his vehicle without notification. Mayor Potts responded that he was aware of 17 prior Police Department notifications to Mr. Traywick, and stated he would meet with the speaker to discuss the matter. PRESENTATION MAJOR INVESTMENT STUDY BY THE ORANGE COUNTY TRANSPORTATION AUTHORITY Jim Ortner, Orange County Transportation Authority (OCTA), presented slides and summarized the Major Investment Study including: the background of the transportation corridor; potential of receiving federal funding; the Corridor study process; and transportation alternatives. Council/speaker discussion followed regarding funding sources for the Corridor; utilization of OCTA funds; rail usage; the need for a Santa Ana River overpass; AB 680; and the necessity of a rail station in Tustin. 690-90 PUBLIC INPUT See Page 1. PUBLIC HEARING - None CONSENT CALENDAR (ITEMS 1 THROUGH 14) Items No. 13 and 14 were removed from the Consent Calendar by Councilmember Thomas. It was moved by Worley, seconded by Doyle, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Saltarelli absent. 1. APPROVAL OF MINUTES - JUNE 5, 1995 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 5, 1995. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,330,119.70 and ratify Payroll in the amount of $311,564.14. 380-10 360-82 3. RESOLUTION NO. 95-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAK IN COOPERATION WITH THE COUNTY OF ORANGE Recommendation: Adopt Resolution No. 95-60 adopting a Mortgage Credit Certificate Program in cooperation with the County of Orange as recommended by the Community Development Department. 650-05 4. APPROVAL OF UTILITY AGREEMENT 12 -UT -303 WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR RELOCATION OF CITY WATER FACILITIES ON ROUTE 55 BETWEEN 17TH STREET AND FAIRHAVEN AVENUE Recommendation: Approve the Utility Agreement 12 -UT -303 (UA) with the State of California Department of Transportation (Caltrans) and authorize the Mayor and the City Clerk to execute the agreement on behalf of the City as recommended by the Public Works Department/Water Division. 400-75 5. RESOLUTION NO. 95-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING MEASURE R, AN ORANGE COUNTY HALF -CENT SALES TAX INCREASE THAT VOTERS WILL CONSIDER ON THE JUNE 27, 1995 BALLOT Recommendation: Adopt Resolution No. 95-55 opposing Measure R, the half -cent sales tax increase measure on the June 27, 1995 ballot. 390-40 6. AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL 1995/96 Recommendation: Authorize the City Manager to continue fiscal operations for 1995/96 at an appropriation level not to exceed that of 1994/95, until such time as the budget process can be completed as recommended by the Finance Department. 330-50 CITY COUNCIL MINUTES Page 3, 6-19-95 7. NEW MEMBERS FOR THE TUSTIN COMMUNITY FOUNDATION BOARD OF DIRECTORS Recommendation: Appoint Alan Hirasuna of L'Garde, Inc., Tustin to the Board of Directors of the Tustin Community Foundation as recommended by the Community Services Department. 125-45 S. CALTRANS TRAFFIC CONTRACT RENEWAL Recommendation: Approve renewal of the contract with the Department of Transportation for reimbursement of money spent for traffic control during the I-5 and SR -55 construction project as recommended by the Police Department. 400-75 9. RESOLUTION NO. 95-61 - 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 ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, 1994/95 FY Recommendation: Adopt Resolution No. 95-61 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 Payment 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. 95-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 14934 Recommendation: Adopt Resolution No. 95-54 approving Final Tract Map 14934 as recommended by the Community Development Department. 600-70 11. RESOLUTION NO. 95-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE ACCESS RAMP INSTALLATION/MODIFICATIONS FOR COMPLIANCE WITH THE AMERICANS "^ WITH DISABILITIES ACT (CIP NOS. 200036 AND 200035) Recommendation: Adopt Resolution No. 95-58 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 Payment 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 Services Division. 400-45 12. LEVY OF ANNUAL ASSESSMENTS FOR THE 1995/96 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Recommendation: Adopt the following Resolution No. 95-56, approving the Engineer's Report for the Fiscal Year 1995/96; and adopt the following Resolution No. 95-57, declaring its intention to annex additional territory, levy assessments for Fiscal Year .1995/96 and set a Public Hearing for July 17, 1995 as recommended by the Public Works Department/Engineering Division: RESOLUTION NO. 95-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ENGINEER'S REPORT FOR THE 1995/96 FISCAL YEAR FOR THE LEVY OF ANNUAL ASSESSMENT FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND FOR THE ANNEXATION OF ADDITIONAL TERRITORY TO SAID EXISTING DISTRICT RESOLUTION NO. 95-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND TO PROVIDE FOR AN ANNUAL LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF THE PUBLIC LANDSCAPING AND LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF 340-60 CONSENT CALENDAR ITEM NO. 13 — INVESTMENT REPORT AS OF APRIL 30, 1995 Councilmember Thomas questioned if the monies returned from the Orange County Investment Pool had been invested in the Local Agency Investment Fund (LAIF). CITY COUNCIL MINUTES Page 4, 6-19-95 Ronald Nault, Director of Finance, replied that the funds may have been used in other areas such as payroll and could not specifically state that all the monies were invested in LAIF. It was moved by Thomas, seconded by Worley, to receive and file subject report. Motion carried 4-0, Saltarelli absent. 355-50 14. PLANNING COMMISSION ACTION AGENDA - JUNE 12, 1995 Councilmember Thomas stated that he had abstained from voting on Conditional Use Permit 95-007 and Sign Code Exception 95-004 (Item No. 5) when it was agendized previously; therefore, he would abstain from voting on this matter. It was moved by Doyle, seconded by Worley, to ratify the Planning Commission Action Agenda of June 12, 1995. Motion carried 3-0, Thomas abstained, Saltarelli absent. 120-50 REGULAR BUSINESS (ITEMS 15 THROUGH 21) 15. GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND TENTATIVE TRACT MAP 15055 (IRVINE COMPANY) 16. 17. 18. 19. It was moved by Thomas, seconded by Worley, to continue this item to the July 3, 1995 City Council meeting. Motion carried 4-0, Saltarelli absent. APPLICANTS FOR PLANNING COMMISSION, PARRS AND RECREATION COMMISSION, AUDIT COMMITTEE, YOUTH ISSUES COMMITTEE, AND WATER CORPORATION BOARD Council concurred to conduct Planning Commission, Parks and Recreation Commission, Audit Committee, Youth Issues Committee, and Water Corporation Board interviews on July 3, 1995, at 5:00 p.m 125-85 120-50 SALES TAX ON LEASED AUTOMOBILES 120-40 120-70 120-10 It was moved by Worley, seconded by Thomas, to support the efforts of Cities for Restoring Direct Allocation of Motor Vehicle Leasing Tax Revenue- and authorize theexpenditure of $1,000 to assist paying for legislative advocacy to support Senate Bill 602. Motion carried 4-0, Saltarelli absent. 390-40 CLAIM NO. 95-131 PAMELA WINEMILLER Mayor Potts stated that the arrest warrant was for the individual in the vehicle and the towing expense claim should not be paid by the City. It was moved by Potts, seconded by Worley, to reject Claim No. 95- 13, Pamela Winemiller. Motion carried 4-0, Saltarelli absent. CLAIM NO. 95-14, MARY RAY CHVATAL 180-10 It was moved by Doyle, seconded by Thomas, to direct staff to authorize Carl Warren and Co. to offer settlement of Claim No. 95- 14 in the amount of $623.00, to reimburse the claimant for expenses incurred to clear out the sewer lateral. Motion carried 4-0, Saltarelli absent. 180-10 20. BUDGET WORKSHOP Council concurred to schedule a budget workshop on July 17, 1995, at 5:30 p.m. 330-05 CITY COUNCIL MINUTES Page 5, 6-19-95 21. ORANGE COUNTY BANKRUPTCY Councilmember Doyle reported that a document had been filed in Superior Court to invalidate the Orange County bankruptcy; he believed Judge Ryan, U.S. Bankruptcy referee, was in violation of the State Constitution; he summarized Senate Bill 10 -XX and its possible affect on the City if signed by the Governor; noted Tustin residents' apathy regarding the bankruptcy impact on the City; stated 1993/94 revenues and expenditures were not included in the County prospectus; the County of Orange was not truthful with County residents regarding the bankruptcy; questioned whether the County was bankrupt; and noted his displeasure with the lack of cooperation by the State and U.S. Attorney General's Office regarding the Orange County bankruptcy. 150-20 PUBLIC INPUT MCDONALDS SETBACK/EAST TUSTIN SPECIFIC PLAN REZONING David Thaler, 11850 North Riviera, Tustin, expressed disappointment with the lack of setback for the McDonalds Restaurant in Tustin Ranch; and requested resident involvement on the East Tustin Specific Plan Rezoning issue. RESIDENTS' OPPOSITION TO INCREASED DENSITY IN TUSTIN RANCH Jon Daurio, 11075 Means, Tustin, encouraged Council to heed residents' opposition to increased density in the Tustin Ranch area. Mayor Pro Tem Worley stated density would not increase over 25 percent. "'•OTHER BUSINESS and COMMITTEE REPORTS EXTENDED HOURS - TUSTIN LIBRARY Mayor Pro Tem Worley announced that the City's library would be open six days a week beginning July 1, 1995. COMMITTEE REPORTS - SEPARATE AGENDA ITEM Mayor Potts requested that "Committee Reports" be placed on future agendas as a separate item. INTER -CITY LIAISON COMMITTEE MEETING/IRVINE DISASTER EMERGENCY COMMUNICATIONS GROUP Mayor Potts reported on his attendance at the Inter -City Liaison Committee meeting; noted the expertise of the Irvine Disaster Emergency Communications Group and the benefits of working with the Group on a community emergency preparedness/communication program; and he had requested the Inter -City Liaison Committee agendize involvement in the Group. TUSTIN HIGH SCHOOL GRAD NITE Mayor Potts stated that Tustin High School Grad Nite was a success and commended the work done by parents on the event. VEEH SCHOOL D.A.R.E. GRADUATION Mayor Potts commented on Veeh School D.A.R.E. graduation and the students' attendance at the Marconi Automotive Museum for Kids; and noted the museum donated profits to various children's groups. CLOSED SESSION Mayor Potts announced the City Council would convene in closed session: (1) to confer with the City Attorney about pending litigation to which the City is a party, City of Tustin vs. Geosoils, Inc., E.L. Yeager, and Sam Johnson; OCSC case no. 73266, and (2) to confer with their real property negotiator about property located at 12751 Newport Avenue, Tustin, California. The negotiating parties were the City of Tustin and Cleo and CITY COUNCIL MINUTES Page 6, 6-19-95 Margaret Key, Trustees of the Key Family Trust. Instructions to the negotiator would concern price and terms of payment. ADJOURINENT Mayor Potts adjourned the meeting at 8:31 p.m. The next regular meeting of the City Council was scheduled for Monday, July 3, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JIM POT 7S RY E. WYN2i, CITY CLERK