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Home My WebLink About02 MINUTES 08-01-05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL TUSTIN, CALIFORNIA JULY 18, 2005 Agenda Item 2 Reviewed: ~ City Manager Finance Director ~ CALL TO ORDER - 5:30 P.M. ATTENDANCE Present: Absent: City Clerk: Others Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Council members Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Maria R. Huizar, Chief Deputy City Clerk William A. Huston, City Manager and Lois Jeffrey, City Attorney PUBLIC INPUT - None CLOSED SESSION ITEM A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Property defined within the Master Developer footprint at Tustin Legacy (the former Marine Corps Air Station Tustin) including Reuse Plan Disposal Parcels 4, 5, 6, 7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and portions of Reuse Plan Disposal Parcel 40. City Neqotiators: Christine Shingleton, Assistant City Manager and Amy Freilich, Special Legal Counsel. Neqotiators for Tustin Leqacy Community Partners: Jack R. Lindquist, and Richard Douglass. Godard, Susan Under Neqotiation: Price and Terms of Payment. PUBLIC MEETING CALL TO ORDER - 7:02 P.M. INVOCATION - Mayor Bone City Council Meeting Minutes July 18, 2005 Page 1 of 5 PLEDGE OF ALLEGIANCE - Elaine Dove ROLL CALL Present: Mayor Lou Bone, Mayor Pro Tem Doug Davert, Councilmembers Jerry Amante, Tracy Worley Hagen, and Tony Kawashima None Pamela Stoker William A. Huston, City Manager and, Lois Jeffrey, City Attorney Absent: City Clerk: Others Present: CLOSED SESSION REPORT - Nothing to report FIRST PUBLIC INPUT - Audrey Swearengen, Tustin Village Mobile Home Park, spoke regarding rent increases. - Billy C. Hall, Tustin Village Mobile Home Park, spoke regarding rent increases. - Jesse Medina, Millennium Exchange Club representative provided information on patriotic phone card that supports military families. PUBLIC HEARING 1. APPEAL OF CONDITIONAL USE PERMIT 04-031: LA SERA! & BABY JUN!, 900 W. FIRST STREET On June 13, 2005, the Planning Commission recommended approval of Conditional Use Permit (CUP) 04-031 authorizing live entertainment with an existing restaurant at 900 West First Street. One June 20, 2005, the City Council appealed CUP 04- 031, noted concerns that the site would operate as a nightclub, and requested that staff address those concerns and bring the permit to the Council for consideration. Applicant: Henry E. Araghi and Anna Ortiz Property Owner: Mohsen Ghaneian Appellant: Tustin City Council Community Development Director Elizabeth Binsack presented staff report. Public hearing opened at 8:00 p.m. The following members of the audience spoke in support of CUP 04-031: Angie Cardajian, Brett Weatherman, Wayne Diaz, and Jesse Medina. The public hearing closed at 8:07 p.m. Motion: It was moved by Councilmember Amante to adopt resolution. Motion died for lack of second. City Council Meeting Minutes July 18, 2005 Page 2 of 5 Amended Motion: It was moved by Council member Amante, seconded by Mayor Pro Tem Davert, to adopt resolution with condition 2.14 modified to extend hours of operation until 1 a.m. Motion carried 4-1, (Hagen opposed). RESOLUTION NO. 05-86 - A resolution of the City Council of the City of Tustin, approving Conditional Use Permit 04-031 authorizing live entertainment in conjunction with an existing restaurant located at 900 West First Street CONSENT CALENDAR - It was moved by Mayor Pro Tem Davert, seconded by Council member Amante, to approve Consent Calendar items 2 through 8 as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES -REGULAR MEETING OF JULY 5 , 2005 Motion: Approve the Regular City Council Meeting Minutes of July 5, 2005. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Motion: Approve Demands in the amounts of $205,176.78; $3,071,355.86; $273,200.19; $7,533.34; Reversals in the amount of $37,795.98 and Payroll in the amount of $545,949.52. 4. PLANNING ACTION AGENDA - JULY 11 , 2005 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Motion: Ratify the Planning Commission Action Agenda of July 11, 2005. 5. PARK BENCH DONATION Motion: Acknowledge the donation of $1,808 for the purchase of a park bench for Pine Tree Park from Dorothy and Philip Starks. 6. ORANGE COUNTY TRANSPORTATION AUTHORITY INVESTMENT PLAN The Orange County Transportation Authority (OCTA) recently conducted a survey of all 34 cities within the County to determine what projects local officials would like to see included in the Investment Plan for a Measure M extension. Survey results are on file in the City Clerk's Office. City Council Meeting Minutes July 18, 2005 Page 3 of 5 7. 8. Motion: Receive and file. DESTRUCTION OF RECORDS - HUMAN RESOURCES Motion: Adopt resolution. RESOLUTION NO. 05-85 - A resolution of the City Council of the City of Tustin, California, authorizing the destruction of certain city records and papers in the possession of the Human Resources Department of the City of Tustin no longer required for the conduct of City business, pursuant to the authority granted by the City of Tustin's Records Retention Schedule QUARTERLY INVESTMENT REPORT Motion: Receive and file. REGULAR BUSINESS 9. 10. APPROPRIATING FUNDS FOR VARIOUS CITY BUDGETS FOR FISCAL YEAR 2005/2006 Appropriating the City's Governmental Funds of $62,997,074; Special Revenue Funds, $29,263,218; Water Enterprise Funds, $16,115,078; Tustin Legacy Enterprise Fund, $69,212,827; and the City's FY 2005/2006 Classification/Compensation Plan. Motion: It was moved by Councilmember Hagen, seconded by Mayor Pro Tem Davert, to adopt resolution. Motion carried 5-0. RESOLUTION NO. 05-83 - 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 2005/2006 APPROPRIATION LIMIT FOR FISCAL YEAR 2005/2006 Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember Hagen, to approve as follows: 10.a. Select the change in the California per Capita Personal Income as the price factor for adjusting the 2005/2006 appropriation limit, and 10.b. Adopt Resolution No. 05-84 setting the appropriation limit for Fiscal Year 2005/2006 at $52,673,379. July 18, 2005 Page 4 of 5 City Council Meeting Minutes RESOLUTION NO. 05-84 - A resolution of the City Council of the City of Tustin, California, determining and adopting an appropriation limit for the Fiscal Year 2005-2006 in accordance with Article XIIiB of the Constitution of the State of California, and Section 7910 of the Government Code Motion carried 5-0. 11. LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY RESOLUTION Motion: It was moved by Councilmember Hagen, seconded by Councilmember Kawashima, to authorize submittal of a request to the League of California Cities that it sponsor legislation protecting elected officials from unauthorized publication of their home addresses or phone numbers. Motion carried 5-0. SECOND PUBLIC INPUT - None OTHER BUSINESS / COMMITTEE REPORTS Councilmember Amante: Experienced Tustin Preservation Conservancy's Old Town Tustin Trolley tour on July 9th and invited everyone to participate; Announced that he toured MCAS Tustin with Lucy Dunn, Director of Housing & Community Development for the State; Attended Water Advisory Committee of Orange County meeting, Urban Water Management Plan standards were being affected by judiciary decisions; and Transportation Corridor Agency meeting, submitted modified plan to San Joaquin to help alleviate problems. Councilmember Hagen: Announced that Orange County Fire Authority will meet on Thursday, July 21st, hopes to be elected as this year's Chair at said meeting. Mayor Pro Tem Davert: Orange County Business Journal wrote positive article about MCAS Tustin; Committee report regarding Orange County Sanitation District, received calls and letters regarding consulting contract and would be requesting a cost analysis; and Recently participated in ride-along with Tustin Police Department. Mayor Bone: State Legislature on summer break until August 15th; and Water Advisory Committee of Orange County report, Orange County had 35.51 inches of rain during 2004/2005, the most rain in 51 years. ADJOURNMENT - 8:27 P.M. - The next regular meeting of the City Council was scheduled for August 1, 2005, at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin. City Council Meeting Minutes July 18, 2005 Page 5 of 5