HomeMy WebLinkAboutCC MINUTES 1992 12 21MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
DECEMBER 21, 1992
I. CALL TO ORDER/PLEDGE OF
The meeting was called to order by Mayor Pontious at 7:02 p.m. at
the Tustin Area Senior Center, 200 South "C" Street, Tustin,
California. The Pledge of Allegiance was led by Councilmember
Saltarelli.
r II. INVOCATION
The Invocation was given by Rev. McCready Johnston, Church of the
New Covenant.
III. ROLL CALL
Council Present:
Leslie Anne Pontious, Mayor
Jim Potts, Mayor Pro Tem
Charles E. Puckett
Thomas R. Saltarelli
Jeffery M. Thomas
Council Absent:
None
City Clerk Wynn:
Absent
Others Present:
William A. Huston, City Manager
James G. Rourke, City Attorney
Christine Shingleton, Assistant City Manager
W. Douglas Franks, Chief of Police
Ronald A. Nault, Finance Director
Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Dir./Comm. Development
Robert Ruhl, Field Services Manager
Doug Anderson, Transportation Engineer
Valerie Whiteman, Chief Deputy City Clerk
„w
Approximately 70 in the audience
IV. PROCLAMATIONS
1. BARBARA BENSON AND JOYCE HANSON, FORMER TUSTIN UNIFIED SCHOOL
BOARD MEMBERS
Mayor Pontious read and presented proclamations honoring
Barbara Benson and Joyce Hanson, former Tustin Unified School
Board Members.
V. PUBLIC HEARING
1. ZONE CHANGE 92-004, 14122 RED HILL AVENUE
Christine Shingleton, Assistant City Manager, requested this
item be continued to the January 4, 1993 Council meeting.
The following member of the audience thanked the Council for
promptly agendizing this item:
James Spivey, 1442 Irvine Blvd., Suite 111, Tustin
It was moved by Puckett, seconded by Thomas, to continue this
item to the January 4, 1993 Council meeting.
Motion carried 5-0. 610-60
VI. PUBLIC INPUT
1. CONTINENTAL CABLE PROGRAMMING UPDATE
Nick Burkey, Continental Cable representative, gave a progress
report on Channel 33 events and programming.
VII. CONSENT CALENDAR
Items No. 5 and 6 were removed from the Consent Calendar by Mayor
Pro Tem Potts. It was moved by Puckett. seconded by Saltarelli,
to approve the remainder of the Consent Calendar as recommended by
staff. Motion carried 5-0.
CITY COUNCIL MINUTES
Page 2, 12-21-92
1. APPROVAL OF MINUTES
Recommendation:
December 7, 1992.
2. APPROVAL OF DEMANDS
Recommendation:
$1,810,151.04 a
$303,742.70.
- DECEMBER 7, 1992 REGULAR MEETING
Approve the City Council Minutes of
AND RATIFICATION OF PAYROLL
Approve Demands in the amount of
d ratify Payroll in the amount of
380-10
360-82
3. REJECTION OF CLAIM NO. 92-29 - CLAIMANT, STEPHEN MURPHY; DATE
OF LOSS, 4-30-92; DATE FILED WITH CITY, 11/23/92
Recommendation: Reject subject claim for personal injury
and property damages of an undetermined amount as
recommended by the City Attorney. 180-10
4. RESOLUTION NO. 92-152 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AGREEMENT FOR
COURT LIAISON CLERK WITH THE CALIFORNIA HIGHWAY PATROL, SANTA
ANA OFFICE
Recommendation: Adopt Resolution No. 92-152 which will
authorize the City of Tustin to continue to perform the
court liaison duties for the California Highway Patrol,
Santa Ana office, as recommended by the Police Department.
400-75
CONSENT CALENDAR NO. 6 - RESOLUTION NO. 92-155 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PRESCRIBING
THE EMPLOYMENT AND COMPENSATION OF THE CITY ATTORNEY
Mayor Pro Tem Potts explained the term "spiking" in reference to
the Public Employees -Retirement System Board Circular Letter;
however, he was confident that this abuse was not applicable to
staff. He cited several reasons why he believed the City Attorney
position was not a City employee position; that the City Attorney
could maintain retirement compensation earned in the past, but
should not be eligible for any future City -paid retirement
benefits.
William Huston, City Manager, clarified the monthly retainer
amount paid to the City Attorney was compensation subject to
withholding taxes and therefore Mr. Rourke was considered a City
employee. He explained the retirement formula which applied to
all City employees.
James Rourke, City Attorney, noted that according to the Public
Employees Retirement System (PERS) law, a part-time city attorney
was an employee; and that he had contributed to PERS during the 27
years of employment with the City.
Mayor Pro Tem Potts noted inaccuracies in Resolution No. 92-155,
namely the City Attorney did not attend Planning Commission
meetings but sent an assistant.
Council discussion followed regarding hiring an in-house attorney.
An identified member of the audience questioned whether the City
Attorney was counsel for the investment bankers for the water bond
loan.
Mayor Pontious responded that Bartle Wells and Associates were
recommended to provide financial services.
Mayor Pro Tem Potts questioned whether Mr. Rourke would receive
additional money for co -counseling beyond his retainer.
William Huston, City Manager, replied that the City had utilized
this practice in the past on all bond issues; the City retained
a lead attorney for the water bond issue and that firm would
complete all legal requirements that applied to the bond
package/sale of bonds. Their rate was based upon the size of the
bond issue which was standard industry practice. In the case of
the City Attorney, he was listed as co -counsel but did not receive
a percentage fee based on the size of the bond issue. They billed
at the hourly contract rate of $120.00 per hour and the role of
CITY COUNCIL MINUTES
Page 3, 12-21-92
the City Attorney in this case was to provide oversight
representing the City.
Councilmember Saltarelli stated the City had been fortunate to
have Mr. Rourke as the City Attorney for the past 27 years. He
said that as the City grew it would possibly be cost effective to
hire an in-house attorney; however, the hourly rate currently
charged by the City Attorney was low.
It was moved by Saltarelli, seconded by Puckett, to adopt the
following Resolution No. 92-155 prescribing the employment and
compensation of the City Attorney:
RESOLUTION NO. 92-155 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, PRESCRIBING THE EMPLOYMENT AND
COMPENSATION OF THE CITY ATTORNEY
Councilmember Puckett stated that the City Attorney and his firm
had saved the City thousands of dollars in representation and he
supported Mr. Rourke and his firm's performance.
Mayor Pontious stated that the size of the city determined how
cost effective an in-house attorney was and possibly in a few
years the City would reach that size and the Council could review
this issue then.
Councilmember Thomas said that he supported reviewing the medical,
dental, and retirement benefits at a future time.
Motion carried 4-1, Potts opposed.
455-95
CONSENT CALENDAR NO. 5 - SELECTION OF BOND COUNSEL AND FINANCIAL
ADVISOR FOR PROPOSED WATER CORPORATION BOND ISSUE
Mayor Pro Tem Potts clarified that the City Attorney's firm would
be bond co -counsel and paid separately from the retainer fee. He
questioned if there would be a limit on the amount of hours.
James Rourke, City Attorney, responded there was not a "cap" on
the amount of hours the City Attorney would spend on oversight.
Councilmember Puckett stated he believed it was appropriate not to
have a limit on the hours, allowing the City Attorney to properly
protect the City.
Mayor Pro Tem Potts stated he trusted Mr. Rourke but because there
were other personnel in the firm that would be working on this
issue with the possibility of double and triple billing, he
believed a "cap" was needed.
Mayor Pontious said this was a routine standard bond issue and the
City had a record for comparison of normal hours involved.
William Huston, City Manager, said this was a standard bond issue
and staff did not anticipate any problems; however, if costs were
to increase, it would be presented to Council for approval.
Mayor Pro Tem Potts reiterated his opposition to this item unless
there was a limit on hours.
Councilmember Thomas questioned whether other law firms were
contacted for cost comparison and suggested obtaining several bids
for future bond issues.
William Huston, City Manager, responded affirmatively and that
staff was recommending Mudge Rose Guthrie Alexander and Ferdon
because of their past association with the City.
Mayor Pontious stated that since Mudge Rose Guthrie Alexander and
Ferdon had worked with the City in the past and was familiar with
the City's financial situation, she was supportive of staff's
recommendation.
CITY COUNCIL MINUTES
Page 4, 12-21-92
Councilmember Saltarelli said that Mudge Rose Guthrie Alexander
and Ferdon had a good reputation as a bond counsel and their fees
were reasonable.
It was moved by Puckett, seconded by Thomas, to authorize the City
Manager to accept the proposals from Bartle Wells Associates to
provide financial services and from Mudge Rose Guthrie Alexander
and Ferdon for Co -Bond Counsel services for the proposed 1993
Water System Financing and Refunding..
Motion carried 4-1, Potts opposed. 350-05
VIII. ORDINANCE FOR INTRODUCTION - None
IS. ORDINANCE FOR ADOPTION
1. ORDINANCE NO. 1102 - ZONE CHANGE 92-002 (LYON)
It was moved by Potts, seconded by Saltarelli, that Ordinance
No. 1102 have second reading by title only. Motion carried
5-0.
Following second reading by title only of Ordinance No. 1102
by the Chief Deputy City Clerk, it was moved by Puckett.
seconded by Thomas, to adopt the following Ordinance No. 1102:
ORDINANCE NO. 1102 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 92-002 TO
AMEND THE EAST TUSTIN SPECIFIC PLAN LAND USE MAP TO CHANGE THE
LAND USE CATEGORY IN THE VICINITY OF LOT 12 OF TRACT 12870
FROM MEDIUM DENSITY TO MEDIUM-HIGH DENSITY RESIDENTIAL WITH
MINOR TEXTURAL REVISIONS
Motion carried 5-0 (roll call vote). (See Page 7 of these —
Minutes for final action on this item).
The following members of the audience spoke in opposition to
Ordinance No. 1102 - Zone Change 92-002 (Lyon):
Gail Ogle, 2326 Dunes, Tustin
Paul Hass, 2320 Cascade, Tustin
Ronald Baba, 2310 Dunes, Tustin
Unidentified speaker
Tom Miller, 2346 Dunes, Tustin
Unidentified speaker, 2316 Dunes, Tustin
Helen Baznik, 12691 Doral, Tustin
-
Unidentified speaker, 2315 Cascade, Tustin
Unidentified speaker, 13081 Doral, Tustin
Mayor Pontious clarified that the overall density in the area
was below the original design estimate.
Staff/speakers discussion followed regarding the Environmental
Impact Report and addendum.
The following member of the audience stated he had not
received notification of the public hearings and questioned
whether a mailing was done to notify property owners within
300 feet; and questioned CC&R's allowable dwelling units per —
acre:
Merle Ogle, 2326 Dunes, Tustin
Christine Shingleton, Assistant City Manager, responded that
a notification mailing was done to property owners listed on
the County Assessor's Tax Roll.
Mayor Pro Tem Potts requested clarification on the discrepancy
between the CC&R figures and the proposed increase in total
units.
Councilmember Saltarelli requested The Irvine Company address
the residents' concerns and opposition.
CITY COUNCIL MINUTES
Page 5, 12-21-92
The following member of the audience addressed residents'
concerns regarding why the project was being proposed for
increased density; CC&Rs dwelling unit figures; future
proposed park capacity; and traffic impacts:
Norm Smith, The Irvine Company
Council/speaker discussion followed regarding Lyon Company
project's proposed density; future private park; and Palo
Vista and Ventana proposed dwelling units per acre.
The following member of the audience addressed residents'
concerns regarding increased dwelling units per acre; and
clarification of the zone change process:
Chris Hawke, William Lyon Company representative
Mayor Pontious suggested William Lyon Company, The Irvine
Company and surrounding homeowners meet and discuss the
project.
Council/speaker discussion followed regarding clarification
of the CC&Rs stated dwelling units per acre; and Lyon
Company's construction of recreation facilities and in -lieu
of park fee contribution.
Councilmember Saltarelli summarized the advantages the
residents would have with completion of the East Tustin
Specific Plan (ETSP) including increased property values;
lower tax rate than many other new Southern California
developments; lower Mello Roos assessment; and future
construction of a sports park. He pointed out that the
Council was aware of the overall densities in the area, and
would not allow densities to exceed the specific plan
limitations. He believed it would be beneficial for the City
and residents to assist developers in this economy to complete
the specific plan and therefore gain assessment district
benefits.
Mayor Pontious stated that the low number of students moving
into Tustin Ranch had an impact on the school district's
ability to fund the schools in that area.
Councilmember Puckett stated that the issue was not to approve
the increased density but a zone change which would allow the
developer and homeowners associations to meet and discuss any
areas of concern, and therefore, he supported the proposed
zone change.
Council/staff discussion followed regarding whether the
project had been properly noticed.
Christine Shingleton, Assistant City Manager, stated staff
would investigate the property owners mailing list provided
by the County Assessor's Office; clarified the noticing
requirements; and recommended continuing this item.
William Huston, City Manager, stated that the City followed
proper notification procedures by utilizing the latest
equalized tax roll issued by the County Assessor. Because
property transactions changed day to day, it was impossible
to have a daily update on property ownership and every city
in California followed the same requirement by using the
latest equalized tax roll.
It was moved by Potts, seconded by Thomas, to withdraw the
original motion and continue the matter to the January 4, 1993
Council meeting.
Motion carried 5-0. 610-60
CITY COUNCIL MINUTES
Page 6, 12-21-92
X. OLD BUSINESS
1.
AGREEMENT 92-001 (LYON)
It was moved by Thomas, seconded by Puckett, to continue this
matter to the January 4, 1993 Council meeting.
Motion carried 5-0. 610-60
2. FINANCING SPORTS PARR PROJECT
William Huston, City Manager, reported that Council directed
this item be placed on the agenda for discussion of options
to accelerate completion of the Tustin Ranch Sports Complex.
He summarized the options including the Park Development Fund;
General Fund; debt financing, Capital Projects Fund; and
modification of the Tustin Ranch Specific Plan and Development
Agreement. He stated that staff recommended deferring a final
decision on funding Phase II improvements until 1994 so the
bid procedure could include Phase I and II. This would allow
submittal of bids based on the cost of Phase I and Phase II
with the provision the City would have the option to either
proceed or not proceed with Phase II. This would provide time
to evaluate the City's future sales and development tax
revenues, capital improvement versus operation priorities, and
review the budget process in spring/summer. He stressed that
this process would not delay completion of the sports complex.
Councilmember Thomas questioned the possibility of generating
funds by selling portions of park acreage to accelerate
completion of the sports park, and stated his opposition to
delaying the funding decision of Phase II until 1994. He
suggested investigating funding from a small bond issue.
Mayor Pontious stated the sports park was originally designed
for complete development in the Tustin Ranch area and because
that would not occur for several years, it allowed the City
flexibility to leave some land undeveloped to evaluate future
recreation needs. This evaluation plan would not impact the
residents by creating.a bond issue/tax or using General Fund
monies needed for City operation.
Council discussion followed regarding sale of park acreage;
and citizen complaints about lack of parks in the City.
Councilmember Saltarelli noted in the Audit Reporttherewas
$7 million in the Capital Projects Fund and questioned its
availability.
William Huston, City Manager, clarified the difference between
audit report vs budget figures and stated the $7 million in
the Audit Report was for committed or in -progress projects and
therefore unavailable.
Councilmember Saltarelli stated
substantial money by combining the
He said there was wide -spread
construction of the sports park a
of proceeding with this project.
of selling public entity land
that the City would save
sports park into one phase.
citizen enthusiasm for
nd stressed the importance
He questioned the process
to a private developer;
utilizing excess 115% cost revenue from
Place to pay for parks; and borrowing
Redevelopment Agency.
the Tustin Market
funds from the
William Huston, City Manager, responded that Redevelopment
Agency funds could not be used for this project; however, the
Council could direct $1-1.5 million transfer from the Capital
Projects fund to the Park Fund. He explained the original
project intent was to bid Phase I, then Phase II would be
ready for bid when funding became available, but, at Council
direction, the project could go to bid as one phase. He
stated that additional budget information was needed during
the next six months to present a complete financial overview.
He said that the Council could direct all available monies in
CITY COUNCIL MINUTES
Page 7, 12-21-92
the Park Development Fund be committed to the sports complex;
however, he pointed out that the only repercussion was that
by the time the sports complex was completed, there would be
no money remaining in the fund for future parks.
Council/staff discussion followed regarding waiting for six
months for financial overview and how the delay would affect
timing of the project.
William Huston, City Manager, assured the Council that
delaying a financing decision would not hinder the
design/construction timeline for the entire project.
Councilmember Saltarelli remarked that $2.5 million of
assessment district funds were used for construction of the
Tustin Ranch Road overpass, which could have been taken from
the City's Capital Projects fund therefore leaving available
monies in that fund.
Mayor Pro Tem Potts stated he believed that bidding the entire
park would be considerably less than staff's recommendation
of $4 million; Tustin had fewer parks than any city in Orange
County; opposed raising a bond for financing the park because
it would increase taxes; suggested utilizing excess revenue
from Tustin Market Place toward park funding; supported
bidding the entire park as one phase and completing the
project in 1993.
Council/staff discussion followed regarding selling park
acreage; and receiving public input on same at January Town
Hall meeting.
William Huston, City Manager, suggested referring the subject
of selling park land to the Parks and Recreation Commission
for recommendation to Council; and examining excess revenue
from Tustin Market Place at the spring 1993 budget workshops.
It was moved by Thomas, seconded by Puckett, to direct staff
to continue proceeding with design of the entire project and
structure the bid process to maximize financial advantage for
phasing; refer possible sale of park land to Parks and
Recreation Commission for study; and review financing options
at spring 1993 budget workshops.
Motion carried 5-0.
930-30
RECESS - The meeting recessed at 9:30 p.m. and reconvened at 9:39 p.m.
%I. NEW BUSINESS
1. ESTABLISHMENT OF PERMANENT TRANSPORTATION SYSTEM IMPROVEMENT
PROGRAM DEVELOPMENT FEES
Dana Kasdan, Engineering Services Manager, reported that in
1989 the Cities of Tustin and Santa Ana entered into a Joint
Powers Agreement which created the Santa Ana -Tustin
Transportation System Improvement Authority (TSIA). The
purpose of that agreement was for both cities to develop and
maintain a Transportation System Improvement Program (TSIP)
in which Areas "A" and "B" were created. Developer fees for
TSIP Areas "A" and "B" were to remain interim until a
comprehensive traffic study was prepared. The study had been
completed and the TSIA had recommended that both cities modify
their existing TSIP developer fees.
Mayor Pro Tem Potts reported that an effort had been made to
minimize the fee increase; and the program would insure
traffic mitigation for large developments.
It was moved by Potts, seconded by Thomas, to adopt the
following Resolution No. 92-153 which established permanent
Transportation System Improvement Program (TSIP) Development
Fees in TSIP Areas "A" and "B":
71
CITY COUNCIL MINUTES
Page 8, 12-21-92
RESOLUTION NO. 92-153 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING TRANSPORTATION
SYSTEM IMPROVEMENT PROGRAM DEVELOPMENT FEES
Mayor Pontious commented that the program had been a model of
cooperation between cities with development on their borders;
agreeing as to what mitigation measures were needed and
implementing a program to achieve those goals.
Motion carried 5-0.
400-60
2. REQUEST TO REMOVE.PARKING RESTRICTIONS ON MYFORD ROAD AND
HERITAGE WAY (ARCADA CONDOMINIUM DEVELOPMENT -EAST TUSTIN TRACT
NO. 13096)
Doug Anderson, Transportation Engineer, reported that the City
had received a letter from the Arcada Community Association,
along with two letters and a petition from residents of the
same development, requesting the removal of on -street parking
restrictions on Myford Road and Heritage Way. He noted that
if the Council desired,. the Public Works Department would
coordinate a study and investigate the feasibility of removing
parking restrictions, on Myford Road and Heritage Way. Due to
current staffing constraints, outside consulting assistance
would be required to prepare the study at an estimated cost
of $5,000.00-$7,500.00.
Councilmember Thomas questioned if Heritage Way would have to
be widened because automobiles would be crossing double yellow
lines to drive around parked -vehicles.
Doug Anderson responded that Myford Road had approximately 14
feet from the curb to the first lane line and Heritage Way had
20 feet, which would accommodate parking but the curve linear
nature of the street would prohibit parking on the inside.
Councilmember Thomas said that while driving through the
development he noticed several open garages that were being
used for storage which contributed to the parking problems.
Mayor Pro Tem Potts said he understood that some residents had
up to six vehicles and he felt this was a problem that should
be handled by the Association; if residents were utilizing
their garages, there should not be parking problems.
Mayor Pontious stated that enforcement of garage parking would
help to alleviate the problem.
Councilmember Thomas said he was opposed to spending
$5,000.00-$7,500.00 for a study when automobiles would not be
able to drive on Heritage Way, which was the wider of the two
streets, without crossing double yellow lines and the curve
on Heritage Way would pose a dangerous condition.
It was moved by Thomas, seconded by Puckett, to deny the
request for removal of on -street parking restrictions on
Myford Road and Heritage Way.
The following members of the audience expressed their concerns
and requests which included: -City did not have a compelling
reason to deny parking privileges on public streets, a
consultant study was unnecessary, available development
parking was inadequate for number of residents and vehicles,
Association had attempted to resolve parking problems,
allowing parking on Myford Road would also provide public
parking for Laurel Glen Park, and requested (1) installation
of temporary "Permit Parking Only" signs on one side of Myford
Road and Heritage Way and (2) Issuance of 6 -month parking
permits to Arcada residents:.
James Barnes, 13374 Savanna, Tustin
Kay Thorens, 13365 Verona, Tustin
Unidentified Speaker
Jack Caswell, President of Arcada Homeowners Assn.
CITY COUNCIL MINUTES
Page 9, 12-21-92
Stan Sharp, Arcada resident
Mayor Pontious noted that all community associations
experienced parking problems and allowing on -street parking
was not the solution.
Councilmember Thomas felt the Association was not willing to
enforce their CC&R's but was asking the City to resolve the
problem by allowing on -street parking and he suggested
r" residents rent storage facilities so their garages could be
used to park vehicles.
Councilmember Puckett suggested that staff, without the use
of outside consultants, investigate only the removal of
parking restrictions on Myford Road and Heritage Way.
Councilmember Thomas withdrew his motion noting that one of
his complaints had been that there was no parking available
for Laurel Glen Park and, if staff conducted the limited
study, the $7,500.00 expenditure would be eliminated.
It was moved by Puckett, seconded by Thomas, to request a
staff report addressing the possible removal of parking
restrictions on Myford Road and Heritage Way.
Motion carried 5-0. 770-15
3. PROPOSAL TO LOCATE A CORRECTIONAL FACILITY AT MCAS-TUSTIN
Christine Shingleton, Assistant City Manager, reported that
the City had recently received information from the Department
of the Navy that one of the Federal agencies interested in the
base Reuse Plan was the Department of Justice, Bureau of
Prisons, for development of a correctional facility that would
range in size from 250 to 1,000 acres. When the Base Closure
Committee was first initiated, they identified a correctional
facility as a use that was unacceptable. She noted that a
provision in the law provided a mechanism where the community
could indicate its support or opposition to such use and the
Department of the Navy would consider community sentiment.
It was moved by Potts, seconded by Thomas, to support the Base
Closure Task Force action of December 13, 1992, by formally
adopting the following Resolution No. 92-154:
RESOLUTION NO. 92-154 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, STATING THE COUNCIL'S VEHEMENT
OPPOSITION TO ANY PROPOSAL TO LOCATE A CORRECTIONAL FACILITY
AT THE MARINE CORPS AIR STATION-TUSTIN
Councilmember Thomas requested that the Resolution be modified
to include distribution to local legislative representatives
as well as those in Washington.
The following members of the audience spoke in strong favor
of Resolution No. 92-154:
Rex Combs, Tustin Meadows Homeowners Association
Guido Borges, President, Laurelwood Homeowners Association
Todd Ferguson, Peppertree Homeowners Association
Christine Shingleton, in response to Mr. Ferguson's concern
that educational districts in the area have an opportunity to
submit use applications to Federal agencies, suggested that
the Tustin Unified School District Board of Education request
a formal letter from the Department of the Navy and be added
to their mailing list. Until that time, staff would
communicate to them any noticing that was received.
150-50
Motion carried 5-0.
CITY COUNCIL MINUTES
Page 10, 12-21-92
XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - DECEMBER 14o 1992
It was moved by Thomas, seconded by Saltarelli, to ratify the
Planning Commission Action Agenda of December 14, 1992.
Motion carried 5-0
2. BUSINESS LICENSE AMNESTY PROGRAM — 1992
120-50
It was moved by Puckett, seconded by Saltarelli, to receive
and file subject report.
Motion carried 5-0.
390-35
3. PRESENTATION OF CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR YEAR ENDING JUNE 30, 1992; REDEVELOPMENT AGENCY INCLUDED
Mayor Pro Tem Potts stated he had concerns regarding the
report and would discuss them at the joint City Council/Audit
Committee meeting on February 1, 1993.
It was moved by Potts, seconded by Thomas, to receive and file
subject report.
Motion carried 5-0.
300-85
4. FUTURE EDINGER AVENUE GRADE SEPARATIONS AT TUSTIN RANCH ROADp
AT RED HILL AVENUE AND NEWPORT AVENUE EXTENSION TO EDINGER
AVENUE
Mayor Pro Tem Potts noted that it was costly to complete the
proposed studies and some of the funding would be through the
Redevelopment Agency. ' He stated that the City could save
money by addressing the environmental and conceptual drawings
only. He expressed his opposition to constructing the Tustin
Ranch Road extension first; he wanted completion of the
Newport Avenue extension.to receive first priority.
Mayor Pontious stated that by constructing the Tustin Ranch
Road extension as part of the Marine Corps Base Reuse Plan
that funding would be available through the Reuse Plan.
William Huston, City Manager, clarified that the City Council
had previously appropriated funds for the design and
environmental documentation of the Tustin Ranch interchange,
however, following the base closure announcement, the Council
took action to cease work until ramifications were explored.
The intent of staff Is recommendation was to commence the
design work with monies already allocated because this issue
had to be dealt with through the Reuse Plan.
Council/staff discussion followed regarding amount of monies
available for Tustin Ranch Road extension through the Capital
Improvement Fund vs 'Base Reuse Plan; total cost for design
plans; The Irvine Company contributions to and total cost for
Tustin -Ranch Road extension from Walnut to Edinger; and
acquisition of property for the project.
Mayor Pro Tem Potts approved of all three projects proceeding,
but noted current heavy congestion on Red Hill Avenue and the
use of Jamboree Road as an alternate route. He voiced support
for completing the Newport Avenue extension; then starting
construction on Red Hill Avenue because when it was closed for
construction, there would be through access available on
Newport Avenue and Jamboree Road, and then, as the third
option, completing Tustin Ranch Road extension as the base
closure proceeded.
William Huston, City Manager, stated that the Newport Avenue
project was dormant due to lack of commitment by Catellus
Development and staff was recommending that discussions with
Catellus be re-initiated to clarify their intent and timeline.
CITY COUNCIL MINUTES
Page 11, 12-21-92
He reported that
was feasible with
with the present
development.
financing for the Newport Avenue extension
a particular development scenario, however,
economy, it was difficult to predict that
Council/staff discussion followed regarding present status of
Catellus negotiations and financing of Newport Avenue
extension based on development tax increments. Staff was
directed to provide a Catellus negotiation status report in
30 days.
Council/staff discussion followed regarding alternate
financing sources which included County, Measure M, and
Redevelopment Housing Set-aside funding.
Councilmember Saltarelli questioned if the Tustin Ranch Road
extension was needed now and, noting staff's creativity in
locating additional monies, questioned if there were any funds
available to continue the study for at least the Tustin Ranch
Road extension.
William Huston, City Manager, said there were no programs now
with funds to expedite the construction so it tied into the
phasing of the Reuse Plan. Before the base closure was
announced, the City had sufficient time to work with the
Marine Corps on a feasible plan and financing sources; now the
time table was reduced with an expedited Reuse Plan. He felt
the City had to address the Newport Avenue extension relative
to the base closure and the level of entitlements that could
be granted, and, if the City had to locate alternate funding
sources to complete the design plans, the Reuse Plan would be
so far advanced it would create coordinating problems. Staff
thought it was critical to escalate the Tustin Ranch Road
interchange design project again because of that constraint.
He noted that with the Red Hill Avenue overpass, there were
other financing opportunities such as Super Street and Measure
M monies; and with Newport Avenue, it was a feasible project
but was driven by the level of development activity in that
area.
The following member of the audience spoke in favor of
immediate reactivation of the Tustin Ranch Road extension
project:
Guido Borges, Laurelwood Homeowners Association
It was moved by Thomas, seconded by Puckett, to reactivate the
Tustin Ranch Road extension project (Walnut Avenue to Edinger
Avenue) to pursue a roadway design including conceptual/
preliminary design of the grade separation structure and
access ramps at Edinger Avenue based upon and coordinated with
the Marine Corps Air Station Base Reuse Plan.
Motion carried 5-0.
The following member of the audience requested that Tustin
Meadows, Laurelwood and Peppertree Homeowners Associations
receive status reports on the grade separation and commuter
rail projects; and expressed concerns regarding the Red Hill
Avenue overpass project and its negative impact upon the
Tustin Meadows development:
Rex Combs, Tustin Meadows Homeowners Association
Mayor Pontious noted that the Red Hill Avenue project may
include either an overpass or underpass project and suggested
that the homeowner associations obtain information on Super
Street meetings.
It was moved by Thomas, seconded by Potts, that at the
completion of the Moulton Parkway (Edinger Avenue) Super
Street EIR, evaluate the Red Hill Avenue conceptual overpass
alternatives as presented and proceed with a formal project
as desired.
CITY COUNCIL MINUTES
Page 12, 12-21-92
Motion carried 5-0.
It was moved by Thomas, seconded by Pontious, to negotiate
with Catellus Development to accelerate the plan preparation
for both Phase I and Phase II of the Newport Avenue extension
and submit a status report at,the January 18, 1993 meeting.
Motion carried 5-0.
730-05
Mayor Pro Tem Potts and Councilmember Thomas reiterated the
importance of communication with the homeowner associations
regarding the grade separation and commuter rail projects.
5. COSTCO BUILDING IDENTIFICATION SIGN
Mayor Pontious questioned if the Sevilla Homeowners
Association had received a copy of the staff report.
The following member of the audience stated the letter she had
received did not address the sign issue:
Jane Anderson, Sevilla Homeowners Association
Christine Shingleton, Assistant City Manager, responding to
speaker's previous complaint about length of time lights were
on at Costco, reported that staff had contacted Costco
corporate offices and received a commitment that the lights
would be turned off at 10:00 p.m. beginning December 15th.
It was moved by Potts, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0.
6. TUSTIN/NORTH IRVINE COMMUTER RAIL STATION
The following member of the audience requested this issue be
agendized at the January 12, 1993 Town Hall meeting to discuss
concerns including positive and negative aspects of the
commuter rail station, funding and maintenance deficits, and
noise/traffic mitigation measures:
Guido Borges, Laurelwood Homeowners Association
Mayor Pontious questioned if_ information was available on
noise impacts at different train speeds.
Christine Shingleton, Assistant City Manager, responded that
the commuter rail program was regulated by the Public
Utilities Commission and they were not required to file
additional environmental documents. As a result, there was
limited.technicai data available and it would be very costly
for the City to conduct their own study.
Council/staff discussion followed regarding the regulation of,
train whistles during night hours.
It was moved by Thomas, seconded by Saltarelli, to receive and
file subject report. -
Motion carried 5-0. 690-50
XIII. PUBLIC INPUT - None
XIV. OTHER BUSINESS
1. CITY COUNCIL SPECIAL MEETING - DECEMBER 22, 1992
James Rourke, City Attorney, reminded the City Council there
would be a Special Meeting for eminent domain proceedings on
December 22, 1992, at 5:30 p.m.
CITY COUNCIL MINUTES
Page 13, 12-21-92
2. CLOSED SESSION
William Huston, City Manager, requested a Closed Session to
discuss labor relations matters.
3. REACTIVATION OF POLICE HOLDING FACILITIES
Councilmember Saltarelli requested a report concerning
reactivation of the police holding facility to book arrestees
r in the City rather than transferring them to the County and
absorbing high booking fees.
4. CITATIONS FOR TUSTIN CITY CODE VIOLATIONS
Councilmember Saltarelli requested a report addressing the
flexibility of issuing citations under Tustin City Code
violations as opposed to, for example, Vehicle Code violations
to increase the percentage of fines received by the City.
5. ADJOURNMENT IN MEMORY OF H. PORTER WYNN
Mayor Pro Tem Potts requested adjournment in memory of H.
Porter Wynn, husband of City Clerk Mary Wynn, who died on
December 14, 1992.
6. COMMENDATION FOR JOYCE HANSONt FORMER TUSTIN SCHOOL BOARD
MEMBER
Mayor Pro Tem Potts commended Joyce Hanson, former member of
the Tustin Unified School District Board of Education, for her
exceptional service to the community and its youth.
7. DIMENSION CABLE PROGRAMMING
Mayor Pro Tem Potts stated that Dimension Cable Services,
Channel 3, had committed to increased programming of Tustin
activities.
8. INCREASED CABLE TELEVISION RATES
Councilmember Thomas voiced his concern with the trend toward
increasing cable television rates.
9. TOWN HALL MEETING FORMAT
Councilmember Thomas invited residents to attend the Town Hall
meeting on January 12, 1993; and requested staff agendize
discussion of the Town Hall meeting format.
10. CHRISTMAS LIGHTS/DECORATIONS
Councilmember Puckett invited residents to view the Christmas
decorations in the Peppertree development; and specifically
a nativity scene displayed in a garage on Caper Tree Drive.
Mayor Pontious commented on the beautiful Christmas lights and
decorations in the Old Town area.
r—+XV. CLOSED SESSION
Mayor Pontious announced the City Council would recess to Closed
Session to meet with its designated representatives regarding
labor relations matters pursuant to Government Code Section
54967.6.
XVI. ADJOURNMENT
Mayor Pontious adjourned the meeting at 10:55 p.m. in memory of H.
Porter Wynn. The City Council had scheduled a special meeting to
be held Tuesday, December 22, 1992, at 5:30 p.m.; had scheduled a
Redevelopment Agency Workshop on January 4, 1993, at 5:30 p.m.;
and the next regular meeting of the City Council was scheduled for
CITY COUNCIL MINUTES.
Page 14, 12-21-92
Monday, January 4, 1993, at. 7:00 p.m. All meetings would be held
at the Tustin Area Senior Center'.
LE IE ANNE PONTIOUS, MAYOR
MARY E. PYNN, CITY CLERK