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HomeMy WebLinkAbout12 MINUTES 09-19-94 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 6, 1994 NO. 12 9-19-94 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Saltarelli at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Worley. INVOCATION The Invocation was given by Rev. Bill Gluli, Colonial Bible Church. ROLL CALL Council Present: Council Absent: City Clerk Wynn: Others Present: Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle Tracy A. Worley Jeffery M. Thomas Absent William A. Huston, city Manager Lois Jeffrey, Interim City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Rick Brown, Building Official Dana Kasdan, Engineering Services Manager Gary Veeh, Water Operations Manager Randy Westrick, Recreation Supervisor Becky Stone, Assistant Planner Approximately 20 in the audience PROCLAMATION CONSTITUTION WEEKt SEPTEMBER 17 - 23 Mayor Saltarelli read and presented a proclamation to Ruth Lee, Constitution Week Chairperson, declaring September 17 - 23, 1994, as Constitution Week. Ruth Lee summarized activities involving the Daughters of the American Revolution including: erecting a Constitution display at the Tustin Library; conducting American History Essay contests in local schools; supporting schools in Appalachia; and visiting veterans at Long Beach Veterans hospital. -- PRESENTATION PETER'S CANYON DEYELOPMENT, COUNTY OF ORANGE This presentation was canceled. CITY COUNCIL MINUTES Page 2, 9-6-94 PUBLIC INPUT BALLOON FESTIVAL John Korff, Balloon Festival Promotions, Inc., requested emergency agendizing to amend the original Balloon Festival event permit to allow the use of Parking Area 1. Lois Jeffrey, Interim city Attorney, stated in order to agendize this as an emergency item on the grounds there was a need to take immediate action and the need arose subsequent to the posting of the agenda, required a unanimous vote due to Councilmember Thomas' absence. It was moved by Worley, seconded by Potts, to add this subject to the agenda as an emergency item. Motion carried 4-0, Thomas absent. Mayor Saltarelli reported the applicant was requesting to utilize Parking Area 1 on a limited basis for VIP, exhibitor, entertainer, and balloon crew parking. He stated that the applicant had met with the neighboring homeowners' association who agreed to the limited parking use. Christine Shingleton, Assistant City Manager, stated staff had not met with the Serrano Homeowners' Association president; however, several residents had voiced concerns during the Balloon Festival License and Permit Board hearing. She said in order to allow Parking Area 1 usage, Condition 3.1.A. would require modification. It was moved by Doyle, seconded by Worley, to modify Condition 3.1.A. of the Permit to Operate allowing use of Parking Area 1 for limited VIP, exhibitor, entertainer, and balloon crew parking only. Motion carried 4-0, Thomas absent. TUSTIN AREA SENIOR CENTER CUSTODIAL STAFF Jean Lowry, representing Tustin Area Senior Center members, presented a petition supporting employment of Senior Center custodians Joe Castadena and Frank Cobo, and spoke in opposition to the proposed lay-off of the custodians. William Huston, City Manager, recommended discussion of this matter during Closed Session at the September 19, 1994 Council meeting. PUBLIC wR~ING (ITEMS i ','m~OUGH 3 ) CITY BUDGET AND WATER ENTERPRISE BUDGET ADOPTION FOR THE FISCAL YEAR 1994-95 Ronald Nault, Director of Finance, reported that budget adjustments were made including: decreased projected property tax CITY COUNCIL MINUTES Page 3, 9-6-94 revenue from $4,222,000.00 to $3,800,000.00; increased sales tax revenue from $10,974,000.00 to $11,150,000.00; revised projected 1994-95 Tustin Street Lighting and Tustin Landscape and Lighting Expenditures; increased Water Enterprise operation budget by $9,500.00 to purchase critical Capital Outlay equipment; added $5,700.00 in support of the Tustin Area Historical Society; and transferred $173,000.00 to the Capital Projects fund from the Park Development fund to add a Sports complex jogging trail. Mayor Saltarelli opened the Public Hearing at 7:20 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Worle¥, seconded by Potts, to adopt the following Resolution No. 94-106 appropriating the City's Governmental Funds of $26,822,935.00; Special Revenue Funds, $4,376,204.00; Capital Projects Fund, $11,580,223.00; and the City's Water Enterprise Budget of $14,978,618.00: RESOLUTION NO. 94-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES OF THE CITY FOR THE FISCAL YEAR 1994-95 Motion carried 4-0, Thomas absent. APPROPRIATIONS LIMIT FOR FISCAL YEAR 1994-95 Ronald Nault, Director of Finance, reported that Article XIIIB of the State Constitution required cities to annually adopt an appropriations limit between tax proceeds and total appropriations. Proposition 111, adopted in 1990, provided an adjustment formula based on local growth issues and required review of limit calculation as part of the annual audit process. He said for fiscal year 1994-95, Tustin was below the appropriation limit by $4.3 million and that the City auditors had reviewed and approved the annual appropriation limit calculation in conformance with Proposition 111. Mayor Saltarelli opened the Public Hearing at 7:25 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts, seconded by Worle¥, to adopt the following Resolution No. 94-107 setting the appropriations limit for fiscal year 1994-95: RESOLUTION NO. 94-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1994-1995 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AND SECTION 7910 OF THE GOVERNF~ENT CODE Motion carried 4-0, Thomas absent. AHENDMENTTOVESTING TENTATIVE TRACTMAP 14669 (CALIFORNIA PACIFIC HOMES) CITY COUNCIL MINI/TES Page 4, 9-6-94 C~NSENT 4e Christine Shingleton, Assistant city Manager, reported the applicant~was requesting modification of Tentative Tract Map 14669 to remove the Lewis Drive paseo link and relocate it between Township Drive and Tustin Ranch Road. Mayor Saltarelli opened the Public Hearing at 7:26 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Doyle, seconded by Worle¥, to approve Amendment to Vesting Tentative Tract Map 14669 modifying a condition to relocate a pedestrian paseo by adopting the following Resolution No. 94-110: P~ESOLUTION NO. 94-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT TO VESTING TENTATIVE TRACT MAP 14669 TO MODIFY CONDITION NO. 2.2 OF PLANNING CO~LMISSION P~ESOLUTION NO. 3078 REIJ~TED TO THE LOCATION OF THE PASEO Motion carried 4-0, Thomas absent. C~T.RNDAR (ITEM~ 4 .r~u(OUGH 17 ) Items No. 11 and 14 were removed from the Consent Calendar by Mayor Saltarelli and Councilmember Doyle. It was moved by Potts, seconded by Worle¥, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. APPROVAL OF MINUTES - AUGUST 15, 1994 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 1994. 15, APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of and ratify Payroll in the amount of $622,601.52. $1,752,249.16 1994-95 FUNDING REQUEST AND AGREEMENT FOR SENIOR TRANSPORTATION SERVICES, ORANGE COUNTY TRANSPORTATION AUTHORITY Recommendation: Authorize staff to execute subject agreement with the Orange County Transportation Authority for senior citizen transportation services as recommended by the Community Services Department. PLANNING COMMISSION ACTION AGENDA - AUGUST 22, 1994 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 August 22, 1994. MICRO CENTER DISPOSITION AND DEVELOPMENT AGREEMENT Recommendation: (1) Approve the Environmental Determination for the project by adopting the following Resolution No. 94-109 and (2) Approve the Disposition and Development Agreement by and among Micro Electronics, Inc. (Micro Center), Catellus Development Corporation, the City and the Redevelopment Agency to provide CITY COUNCIL MINUTES Page 5, 9-6-94 Micro Electronics, Inc. with financial assistance for the improvement of the property at 1100 Edinger Avenue as recommended by the Community Development Department: P~ESOLUTION NO. 94-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PACIFIC CENTER EAST SPECIFIC PLAN (FINAL EIR 90-1) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR THE APPROVAL OF THE DISPOSITION A/qD DEVELOPMENT AGREEMENT BY ANDAMONG THE TUSTIN COP~4UNITY REDEVELOPMENT AGENCY, THE CITY OF TUSTIN, CATELLUS DEVELOPMENT CORPORATION AND MICRO ELECTRONICS, INC., AND THAT ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ENCROACHMENT AGREEMENT - 100 WEST HAIN STREET Recommendation: Approve the Encroachment Agreement pertaining to the property at 100 West Main Street and authorize the Mayor to execute said agreement subject to final approval of the City Attorney as recommended by the Public Works Department/Engineering Division. 10. RESOLUTION NO. 94-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR ANNUAL SIDEWALK AND cURB AND GUTTER REPAIR PROJECT, 1994-95 FY Recommendation: Adopt Resolution No. 94-112 approving plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 12. RESOLUTION NO. 94-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING SUPPORT FOR PROPOSITION 187 Recommendation: Adopt Resolution No. 94-105 declaring support for Proposition 187 regarding the enforcement of immigration laws. 13. MEMORANDUM OF UNDERSTANDING WITH TRANSPORTATION CORRIDOR AGENCIES /%-ND CITY OF IRVINE FOR JAMBOREE ROAD IMPROVEMENTS ASSOCIATED WITH THE EASTER/~ TRANSPORTATION CORRIDOR (WEST LEG TRANSITION AREA) Recommendation: Approve a Memorandum of Understanding with the Transportation Corridor Agencies and the City of Il-vine regarding Jamboree Road Improvements south of the terminus of the West Leg of the Eastern Transportation Corridor, and authorize the Mayor and City Clerk to execute the document on behalf of the City as recommended by the Public Works Department/Engineering Division. 15. PETERS CANYON REGIONAL RIDING AND HIKING TRAIL Recommendation: Receive and file subject report as recommended by the Community Development Department. 16. AWARD OF CONTRACT FOR GRAFFITI REMOVAL Recommendation: Award the annual contract for the graffiti from private property to Graffiti Control recommended by the Community Development Department. removal of Systems as 17. (Item No. 17 was removed from the agenda). CONSENT CALENDAR ITEM NO. 11 - AMENDMENT TO AGREEMENT FOR IMPROVEMENT OF CITY COUNCIL MINUTES Page 6, 9-6-94 JAMBOREE ROAD BETWEEN IRVINE BOULEVARD AND EXISTING CHAPMAN AVENUE Mayor Saltarelli requested clarification of the amendment. William Huston, City Manager, stated the proposed agreement was an amendment to an existing agreement between the City of Tustin and the City of Orange regarding Jamboree Road construction from Irvine Boulevard to Chapman Avenue. He summarized the original agreement with the City of Orange; stated Tustin was prepared to proceed with the landscaping; noted the City of Orange development program had scheduled the landscaping at a later date and that the amendment to the original agreement would allow the City of Orange to complete the landscaping by their time schedule; and clarified that Assessment District 86-2 residents would not incur any costs for the agreement amendment. It was moved by Potts, seconded by Worley, to approve the second amendment to the July 7, 1988 Agreement for Improvement of Jamboree Road between Irvine Boulevard and existing Chapman Avenue and authorize the Mayor to execute said amendment subject to final approval of the City Attorney's office. Motion carried 4-0, Thomas absent. CONSENT CALENDAR ITEM NO. 14 - AGREEMENT REGARDING RIDES AND CONCESSIONS AT TUSTIN TILLER DAYS Councilmember Doyle stated several residents had contacted him asking whether the contractor for the Tustin Tiller Days would be providing electricity for the rides; and requested Tiller Days Committee representation during accounting of revenues. Randy Westrick, Recreation Supervisor, responded that the carnival organizer, Hassett & Davis, would be providing electricity for the rides and had made an offer to provide electricity to the concession booths. He stated that Hassett & Davis agreed to cooperate with staff in developing accounting procedures for auditing purposes. William Huston, City Manager, noted that this was the first year the event was being conducted under recommendations submitted by the Blue Ribbon Committee. The following member of the audience spoke regarding administrative concerns with the Tustin Tiller Days agreement: Cherrill Cady, Tustin Tiller Days Committee Chairperson Council/staff/speaker discussion followed regarding promoting Tiller Days at the Balloon Festival; approving the proposed agreement; and staff responsibility for administrative details of the agreement. It was moved by Doyle, seconded by Worley, to approve subject agreement with Hassett & Davis to operate a carnival at Tustin Tiller Days, October 7-9, 1994, and subsequent final agreement CITY COUNCIL MINUTES Page 7, 9-6-94 modifications must be approved by the Mayor or Mayor Pro Tem. Motion carried 4-0, Thomas absent. REGULAR BUSINESs (ITEMS 18 Tal(OU~H 25) 18. ORDINANCE NO. 1140, SLEEPING IN PARKED VEHICLES It was moved by Potts, seconded by Worle¥, that Ordinance No. 1140 have second reading by title only. Motion carried 4-0, Thomas absent. Following second reading by title only of Ordinance No. 1140 by the Chief Deputy City Clerk, it was moved by Potts, seconded by Worley, to adopt the following Ordinance No. 1140: ORDINANCE NO. 1140 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROHIBITING SLEEPING IN PARKED VEHICLES Motion carried 4-0, Thomas absent (roll call vote). Mayor Pro Tem Potts clarified that this ordinance did not include a person resting or napping in a vehicle but applied to someone sleeping overnight or longer in a vehicle. 19. REQUEST APPLICATIONS FOR TUSTIN COMMUNITY FOUNDATION BOARD OF DIRECTORS 20. Mayor Saltarelli explained that terms of two members of the Tustin Community Foundation Board of Directors would expire on October 12, 1994. He said that because of the time it took to acquire non-profit status approval from the Secretary of State, he suggested that if the two members wanted to continue serving on the Foundation Board, Council re-appoint them to another one-year term. Council/staff discussion followed regarding Council re-appointing the two Board Members subject to their desire to serve and advertising for applications if they did not accept re- appointment. It was moved by Pott$, seconded by Doyle, to re-appoint James Farley and Margarete Thompson to a one-year term if they desired to serve. Motion carried 4-0, Thomas absent. REQUEST FOR TREE REMOVAL AT 14631 KIMBERLY CIRCLE William Huston, City Manager, reported that the resident was requesting removal of a Tristania tree. He explained that when a resident requested removal of a healthy tree, City policy stipulated the cost of replacement must be paid by the resident. If the tree was unhealthy or damaging property, the City paid removal and replacement costs. CITY COUNCIL MINUTES Page 8, 9-6-94 21. 22. Council/staff discussion followed regarding the existence of a potentially hazardous condition when the. Tristania tree dropped hard, sharp nuggets on the sidewalk; the expectation that a property owner would clean the material dropped by the tree; and the Tristania tree was on the City's approved tree list. It was moved by Potts, seconded by Worle¥, to approve subject tree removal if the property owner paid tree replacement costs. Motion carried 4-0, Thomas absent. REQUEST FOR TREE REMOVAL AT 2221 SILK TREE DRIVE Mayor Saltarelli stated that Silk Tree Drive was part of the Peppertree Homeowners' Association and he was concerned with the City making decisions that impacted residents without homeowners' association recommendations. William Huston, City Manager, stated that the resident's preference was to plant landscaping without a tree. He explained that in the past, all tree removal requests were presented to Council; however, the policy had recently been revised allowing staff to make tree removal decisions with the right of appeal to Council. Mayor Saltarelli suggested staff and the homeowners' association meet to obtain additional information on this matter and present the findings at a future Council meeting. Council concurred to remove this item from the agenda. YOREA STREET FICU$ TREE REMOVALS Mayor Pro Tem Potts said he did not understand why this matter was agendized because Council had directed staff to phase in the fern pine trees. The following member of the audience spoke in opposition to the Yorba Street ficus tree removals until the replacement trees matured; and requested the existing bradford pear tree be replaced by a fern pine: Ed Penn, 14381 Rosewood Circle, Tustin Council/staff/speaker discussion followed regarding phasing the trees in to allow the fern pines to mature; 18 month replanting period may not be adequate to allow the replacement trees to create shade; American with Disabilities Act sidewalk accessibility requirements; root and top pruning the existing ficus trees; Yorba Street sidewalk/curb damage caused by the ficus trees; the liability issue if the ficus trees cause sidewalk damage during the phasing in period; Council's previous direction to staff of phasing trees on Yorba Street; replacing the existing bradford pear tree with a 24 inch box fern pine tree; and phasing in new trees in 18 months contingent upon the replacement trees maturing adequately to create shade. CITY COUNCIL MINUTES Page 9, 9-6-94 23. 24. 25. It was moved by Potts, seconded by Worle¥, to approve removal of four trees and replacing each removal with the 24 inch box Podocarpus (fern pine) tree at locations 1, 3, 7, and 10; the six remaining trees would be root pruned and/or trimmed/thinned at locations 2, 4, 5, 6, 8, and 9; after 18 months remove the six remaining ficus trees and replace with 24 inch box Podocarpus (fern pine) trees; and the bradford pear tree between ficus tree locations 4 and 5 would be immediately replaced with a 24 inch box Podocarpus tree. Motion carried 4-0, Thomas absent. ORDINANCE NO. 1138, ZONE CHANGE 94-003 (14882-14942 NEWPORT AVENUE) It was moved by Worle¥, seconded by Potts, that Ordinance No. 1138 have second reading by title only. Motion carried 4-0, Thomas absent. Following second reading by title only of Ordinance No. 1138 by the Chief Deputy City Clerk, it was moved by Potts, seconded by Worley, to adopt the following Ordinance No. 1138: ORDINANCE NO. 1138 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-003 TO CHANGE THE ZONING FROM R-3 (MULTIPLE-FAMILY RESIDENTIAL) TO PC (PLANNED COMI~JNITY-RESIDENTIAL) INCLUDING RELATED PLANNED COMMUNITY DISTRICT REGULATIONS ON THE PROPERTY LOCATED AT 14882-14942 NEWPORT AVENUE AND DESCRIBED AS ASSESSOR'S PARCEL NO. 432-011-21 Motion carried 4-0, Thomas absent (roll call vote). LEGAL EXPENSES Councilmember Doyle requested a report from the City Attorney changing the current block billing to an individual task billing procedure. APPEAL OF SIGN CODE EXCEPTION 94-003 (APPLICANT: MR. WILLIAM TAYLOR-TAYLOR,S RESTAURANT) Becky Stone, Assistant Planner, reported the applicant was appealing Planning Commission denial of Sign Code Exception 94- 003. She said the February tornado destroyed the "Taylor's" and "coffee shop" signs on the roof of the existing Taylor's restaurant. The applicant replaced the damaged "Taylor's" with a "Burgers" sign and a smaller sign depicting "coffee shop" below the "Burgers" sign. She said the signs were erected before design review approval or obtaining a sign permit, and that once the design review was submitted to the City, staff determined that the roof sign was an existing non-conforming sign. She stated the Sign Code allowed the use of signs for business identification but restricted supplemental signage to 25 percent of the allowable area of the sign, and explained that supplemental signage defined identification of product, trade, and service information. The existing "Burgers', sign was 160 square feet and the Sign Code CITY COUNCIL MINUTES Page 10, 9-6-94 permitted the supplemental sign to be 40 square feet. Rick Brown, Building Official, clarified that staff was not contesting the safety of the sign, the issue was that the applicant had not obtained the required sign permit before erecting a new sign. Council/staff discussion followed regarding the "Burgers" sign was the same size as the destroyed "Taylor's" sign; permitted size and definition of supplemental signage; and the I-5 freeway had been elevated 15 feet. The following member of the audience spoke in favor of appeal of Sign Code Exception 94-003: William Taylor, 1542 E1 Camino Real, Tustin Mayor Pro Tem Potts stated that because of the signage costs and the freeway construction impact on the restaurant, he was willing to allow the sign to remain and review the issue in the future. Christine Shingleton, Assistant City Manager, stated that the Sign Code required findings substantiating Council action in granting a Sign Code exception. She stated staff would submit findings if Council approved the existing sign. Mayor Saltarelli stated he supported granting the appeal if the grounds were reasonable and did not set a precedent. Council concurred to continue this item to the September 19, 1994 Council meeting, to allow staff to submit findings for granting the Sign Code exception. PUBLIC INPUT - None OTHER BUSINESS - None CLOSED SESSION - None ADJOURNN~WT Mayor Saltarelli adjourned the meeting at 8:30 p.m. The City Council had scheduled a Town Hall meeting on September 12, 1994, 7:00 p.m., at the Tustin Area Senior Center, 200 South "C" Street, Tustin; and the next regular meeting of the City Council was scheduled for Monday, September 19, 1994, at 7:00 p.m. in the Council Chambers at 300 Centennial Way, Tustin. THOMAS R. BALTARELLI, MAYOR MARY E. WYNNt CITY CLERK