HomeMy WebLinkAboutCC MINUTES 1994 09 06MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
SEPTEMBER 61 1994
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:
Thomas R. Saltarelli, Mayor
Jim Potts, Mayor Pro Tem
Mike Doyle
Tracy A. Worley
Council Absent:
Jeffery M. Thomas
City Clerk Wynn:
Absent
Others Present:
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 WEEK, 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
PETERS CANYON DEVELOPMENT, COUNTY OF ORANGE
This presentation was canceled.
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.
CITY COUNCIL MINUTES
Page 2, 9-6-94
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 HEARING (ITEXS 1 THROUGH 3)
1. 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
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 Worley, 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. 330-50
2. 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.
CITY COUNCIL MINUTES
Page 3, 9-6-94
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 Worley, 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
s 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 GOVERNMENT CODE
Motion carried 4-0, Thomas absent. 330-50
3. AMENDMENT TO VESTING TENTATIVE TRACT MAP 14669 (CALIFORNIA PACIFIC
HOMES)
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 Worley, 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:
RESOLUTION 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
COMMISSION RESOLUTION NO. 3078 RELATED TO THE LOCATION OF THE
PASEO
Motion carried 4-0, Thomas absent.
CONSENT CALENDAR (ITEMS 4 THROUGH 17)
600-70
Items No. 11 and 14 were removed from the Consent Calendar by
Mayor Saltarelli and Councilmember Doyle. It was moved by Potts,,
seconded by Worley, to approve the remainder of the Consent
Calendar as recommended by staff. Motion carried 4-0, Thomas
absent.
4. APPROVAL OF MINUTES - AUGUST 15, 1994 REGULAR MEETING
Recommendation: Approve the City Council Minutes of August 15,
1994.
5. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,752,249.16
and ratify Payroll in the amount of $622,601.52. 380-10
360-82
6. 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. 400-10
7. PLANNING COMMISSION ACTION AGENDA - AUGUST 22, 1994
All 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. 120-50
8. 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 4, 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:
RESOLUTION 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 AND DEVELOPMENT AGREEMENT BY AND AMONG
THE TUSTIN COMMUNITY 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 400-10
9. ENCROACHMENT AGREEMENT - 100 WEST MAIN 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. 400-10
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. 400-45
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.
150-40
13. MEMORANDUM OF UNDERSTANDING WITH TRANSPORTATION CORRIDOR AGENCIES
AND CITY OF IRVINE FOR JAMBOREE ROAD IMPROVEMENTS ASSOCIATED WITH
THE EASTERN TRANSPORTATION CORRIDOR (WEST LEG TRANSITION AREA)
Recommendation: Approve a Memorandum of Understanding with the
Transportation Corridor Agencies and the City of Irvine 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.
400-10
15. PETERS CANYON REGIONAL RIDING AND HIKING TRAIL
Recommendation: Receive and file subject report as recommended by
the Community Development Department. 920-85
16. AWARD OF CONTRACT FOR GRAFFITI REMOVAL
Recommendation: Award the annual contract for the removal of
graffiti from private property to Graffiti Control Systems as
recommended by the Community Development Department. 400-10
17. (Item No. 17 was removed from the agenda).
CONSENT CALENDAR ITEM NO. 11 - AMENDMENT TO AGREEMENT FOR IMPROVEMENT OF
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
CITY COUNCIL MINUTES
Page 5, 9-6-94
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.
400-10
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
modifications must be approved by the Mayor or Mayor Pro Tem.
Motion carried 4-0, Thomas absent. 400-10
REGULAR BUSINESS (ITEMS 18 THROUGH 25)
18. ORDINANCE NO. 1140, SLEEPING IN PARKED VEHICLES
It was moved by Potts, seconded by Worley, 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: 4
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). 770-15
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
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.
CITY COUNCIL MINUTES
Page 6, 9-6-94
Council/staff discussion followed regarding tCoiuncii 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 Potts 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. 125-45
20. 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.
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 Worley, to approve subject tree
removal if the property owner paid tree replacement costs.
Motion carried 4-0, Thomas absent. 950-55
21. 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. 950-55
22. YORBA STREET FICUS 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
CITY COUNCIL MINUTES
Page 7, 9-6-94
in new trees in 18 months contingent upon the replacement trees
maturing adequately to create shade.
It was moved by -Potts# seconded by Worley, 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.
950-55
23. ORDINANCE NO. 1138, ZONE CHANGE 94-003 (14882-14942 NEWPORT
AVENUE)
It was moved by Worley, seconded by Potts, that Ordinance No. 1138
have second reading by title only. Motion carried 4-0Thomas
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
COMMUNITY -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) . 610-60
24. LEGAL EXPENSES
Councilmember Doyle requested a report from the City Attorney
changing the current block billing to an individual task billing
procedure.
455-05
25. 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
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:
CITY COUNCIL MINUTES
Page 8, 9-6-94
William Taylor, 1542 El 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. 680-50
PUBLIC INPUT - None
OTHER BUSINESS - None
CLOSED SESSION - None
ADJOURNMENT
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.
i
THOMAS R. SA1�3 ELLI# MAYOR
MARY E. W7N. CIT CLERK