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HomeMy WebLinkAboutCC MINUTES 1987 08 03 MINUTES OF A REGULAR MEETING OF 1HE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AUGUST 3, 1987 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Pro Tem Kennedy, and the Invocation was given by Mayor Edgar. II, ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Earl J. Prescott Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Charles R. Thayer, Chief of Police Robert Ledendecker, Dir. of Public Works Ronald A. Nault, Finance Director Royleen White, Com. & Admin. SrVcs. Director Susan Jones, Recreation Superintendent Approximately 50 in the Audience III. PROCLAMATION 1, VOLUNTEER FIREFIGHTER RECOGNITION DAY - AUGUST 15, 1987 Mayor Edgar presented a proclamation designating Saturday, -"' August 15, 1987, as "Volunteer Firefighter Recognition Day" to _I Chief Bernie O'Neill and John Garner. Chief O'Neill expressed his _ thanks to the Council. 84 IV~ ....PUBLIC HEARING 1. ZONE CHANGE 87-1 - ORDINANCE NO, 989; ZONE CHANGE 87-2 - ORDINANCE NO, 990; AND GENERAL PLAN AMENDMENT 87-1 - RESOLUTION NO, 87-87 The Planning Commission recommends approval of the proposed project to encourage comprehensive development of properties in the study areas with special emphasis placed on access, visibility, land use and traffic impacts. The staff report and recommendation were presented by the Community Development Director as contained in the inter-con dated August 3, 1987, prepared by the Community Development Department. The Direc- tor responded to Council questions. The public hearing was opened at 7:09 p.m. There were no speakers ~ on the matter, and the public hearing was closed. It was moved by Hoesterey, seconded by Kelly, to adopt the follow- ing: · - RESOLUTION NO. 87-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~ OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 87-1 AMEND- ' ING THE LAND USE ELEMENT OF THE GENERAL PLAN FOR PROPERTIES GENER- ALLY LOCATED ON THE EAST SIDE OF "B" STREET SOUTH OF THE I-5 FREE- WAY FROM (MF) MULTI-FAMILY AND (C) COMMERCIAL TO (PC-C) PLANNED COMMUNITY COMMERCIAL The motion carried 5-0. 56 It was moved by Hoesterey, seconded b~ Prescott, that Ordinance No. 989 have first reading by title only. Carried 5-0. 110 CITY COUNCIL MINUTES Page 2, 8-3-87 Following first reading by title only of Ordinance No. 989 by the City Clerk, it was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 989 be introduced as follows: ORDINANCE NO. 989 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OE TUSTIN, APPROVING ZONE CHANGE 87-1 TO REZONE PROPERTIES GENERALLY LOCATED EAST OF NEWPORT AVENUE BETWEEN MAIN STREET AND SAN JUAN FROM (CG) COMMERCIAL GENERAL AND (CG-PUD) COMMERCIAL GENERAL- PLANNED UNIT DEVELOPMENT TO (PC-C) PLANNED COMMUNITY COMMERCIAL The motion carried 5-0. 110 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 990 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 990 by the City Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 990 be introduced as follows: ORDINANCE ND. 990 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 87-2 TO REZONE PROPERTIES GENERALLY LOCATED WEST OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE FROM MULTIPLE FAMILY RESIDENTIAL (R-3) AND RETAIL COMMERCIAL (C-1) TO PLANNED COMMUNITY COMMERCIAL (PC-C) The motion carried 5-0. 110 V. PUBLIC INPUT 1. ANNEXATION NO. 140 Joseph Herzig, 1751 Rainbow Drive, read a mailgram which had been sent earlier to the Council. He requested that a list of a)l pro- test signatures rejected by the City and the basis for rejection of each be made available to him. As recommended by the City Attorney, it was moved by Ed ar, sec- onded .by Kelly, to refer the matter to the City Attorney~s office for review and report back prior to Council responding. The motion carried 5-0. 24 2. GRAFFITI REMOVAL . Tony Pagano, 14641 Carfax #C, reported graffiti in the south end of town being painted by members of "CRIPS" and "F Troop" gangs, and expressed concern for the safety of area families. The Chief of Police responded that the Police Department is working to get the problem under control. He requested that the community act as the "eyes and ears" of the Police Department by reporting any such activity as quickly as possible. 3. CROSSWALK ON FIRST STREET AT "B" STREET Gracie Rogers, 215 South Prospect, expressed concern about the safety of the crosswalk on First Street at "B" Street across from Peppertree Park. She reported that she and her two nephews were nearly hit in the intersection. Councilman Prescott noted that Redevelopment Agency 1988-89 Capital Improvement Budget includes a traffic signal at subject inter- section. He raised the question of possibly rescheduling same for 1987-88. 92 VI. CONSENT CALENDAR Item No. 6 was removed from the Consent Calendar by Kennedy; Item 12 by Kelly. It was moved by Kennedy, seconded by Edgar, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - JULY 20, 1987, REGULAR MEETING 2, APPROVAL OF DEMANDS IN THE AMOUNT OF $995,008.40 RATIFICATION OF PAYROLL IN THE AMOUNT OF $160,251.38 50 CITY COUNCIL MINUTES Page 3, 8-3-87 3, RESOLUTION NO. 87-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE ~ RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR _ THE FISCAL YEAR 1987-88. Adopted Resolution No. 87-85 setting forth the 1987-88 tax rate for the 1973 Civic Center Bonds at .00401% as recommended by the Finance Department. 97 : 4o RESOLUTION NO. 87-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE ISSUANCE OF $8,060,000 PRINCIPAL AMOUNT OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY TOWN CENTER AREA REDEVELOP- MENT PROJECT TAX ALLOCATION REFUNDING BONDS, SERIES 1987 BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Adopted Resolution No. 87-86 approving issuance of subject bonds as recommended by the Finance Department. 60 5, DEFENSE OF CLAIM NO. 87-21 - SOUTHERN PACIFIC TRANSPORTATION CO,; & DEFENSE OF CLAIM NO, 87-22 - OSCO DRUGS Approve Minute Order authorizing the County Counsel of the County of Orange to defend the City of Tustin in subject-refer- enced actions pursuant to Revenue and Taxation Code Section 5149 as recommended by the City Attorney. 40 7. EXEMPTION FROM WILLIAMSON ACT PROVISIONS - NORTH/SOUTH ROAD Direct staff to advise the Director of Conservation of the intention to construct the North/South Road on lands currently within an agricultural preserve to comply with Section 51291 of the Government Code as recommended by the Community Development Department. 95 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT ~... NO. 12345 (The Irvine Co. Phase I Residential Develop., E. · Tustin) Accept landscape/irrigation improvements within Lot No. 8, Tract 12345 and authorize release of remaining portion of following: Faithful Performance Bond No. 52410068 (25%) - $170,050.00 and Labor and Materials Bond No. 52420068 (25%) - $85,025.00 as recommended by the Public Works Deparment/Engi- neering Division. 99 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR PARCEL MAP NO, 86-201 Accept all public improvements constructed within the limits of subject parcel map and authorize the release of following: Faithful Performance Bond No. 114552-86 - $7,550.00; Labor and Materials B6nd No. 114553-86 $3,775.00; and Monumentation Bond No. 114553-86 $1,000.00 as recommended by the Public Works Department/Engineering Division. 99 lO. ACCEPTANCE OF DEED FOR STREET & SIDEWALK PURPOSES AT 150 E. FIRST STREET Accept deed from Tustin War Memorial, Inc., for street and sidewalk purposes at 150 E. First St.; and authorize recorda- tion of same as recommended by the Public Works Department/ Enginering Division. 49 11. ACCEPTANCE OF DEED AT 151YORBA STREET Accept easement deed from Corniche Limited XI for street wid- ening at 151 Yorba St,; and authorize recordation of same as recommended by the Public Works Department/Engineering Divi- sion. 49 13. RESOLUTION NO, 87-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 87-2 (Santa Fe Land Improvement Co., East Side of Del Amo, South of Edinger) Adopt Resolution No. 87-89 as recommended by the Public Works Department/Engineering Division. 99 CITY COUNCIL MINUTES Page 4, 8-3-87 14. ASSESSMENT DISTRICT NO. 85-1 UTILITY AGREEMENTS WITH IRVINE RANCH WATER DISTRICT Approve agreements for construction of water, sanitary sewer and reclaimed water facilities for A.D. 85-1 Project No. I (El Camino Real & Tustin Ranch Rd.) and Project No. 2 (South half of Bryan Ave.); and authorize the Mayor and City Clerk to exe- cute same as recommended by the Public Works Department/Engi- neering Division. 45 87-35; 87-36 15. APPROVAL OF CONSULTANT SERVICES FOR PREPARATION OF THE PACIFIC CENTER EAST SPECIFIC PLAN AND EIR Authorize the City Manager to execute subject agreement for preparation of the Pacific Center East Specific Plan and EIR subject to receipt from Santa Fe Land Improvement Company of $128,600 as recommended by the Community Development Depart- ment. 45 87-37 Consent Calendar Item No, 6 - Retirement & Sale of Police Canine - Mayor Pro Tem Kennedy noted that Axel is the first Tustin Polic~ Dog to be honorably retired. She felt it appropriate to honor Axel and his handler with a proclamation. Council concurred. It was moved by Kennedy, seconded by Edge[, to approve the following: 6. RETIREMENT & SALE OF POLICE CANINE AXEL Approve retirement of Police Canine Axel from City service; approve the agreement with Officer Kreyling for sale of Axel as surplus for the sum of $1.00; and authorize the Mayor and City Clerk to execute same as recommended by the Police Department. After a question-and-answer period, the motion carried 5-0. 45 87-34 Consent Calendar Item No. 12 SB 821 Bicycle/Pedestrian Funds - Councilman Kelly deferred to a Mrs. Patton, resident of "C" Street. Mrs. Patton was assured by the Director of Public Works that the side- walk project on Third and "C" Streets would not require removal of a large eucalyptus tree at subject location. It was moved by Kennedy, seconded by Hoesterey, to approve the follow- ing: 12. RESOLUTION NO. 87-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 Adopt Resolution No. 87-88 approving application for $10,469 for subject funds as recommended by the Public Works Depart- ment/Engineering Division. Motion carried 5-0. 86 VII. ORDINANCES FOR INTRODUCTION None. VIII, ORDINANCES FOR ADOPTION 1. LARGE F/tMILY DAY CARE HOMES - ORDINANCE NO, 991 Proposed changes clarify noticing requirements and add regulations regarding availability for adequate drop-off sites. It was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 991 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 991 by the City C1 erk, it was moved by Kennedy, seconded by Hoesterey, that Ordi- nance No. 991 be passed and adopted as follows: ORDINANCE NO. ~91 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SECTION 9223a6 OF THE TUSTIN MUNICIPAL CODE RELAT- ING TO LARGE FAMILY DAY CARE HOMES CITY COUNCIL MINUTES Page 5, 8-3-87 RollCall Vote: AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott NOES: None ABSENT: None 81 2. AMENDING CABLE TELEVISION FRANCHISE - ORDINANCE NO. 992 Proposed transfer/amendment of Cable TV Franchise from CommuniCom to American Cablesystems of California, Inc. It was moved by Kennedy, seconded by Edgar, that Ordinance No. 992 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 992 by the City Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 992 be passed and adopted as follows: ORDINANCE NO. 992 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO AMERICAN CABLESYSTEMS OF CALIFORNIA, INC., A CALIFORNIA CORPORATION Mayor Pro Tem Kennedy expressed delight with the services provided -.~ . by the new cable company. Roll Call Vote: AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott NOES: None ABSENT: None 53 IX. OLD BUSINESS 1. PROSPECT-VANDENBERG ANNEXATION NO. 141 RESOLUTION NO. 87-90 & RESOLUTION NO. 87-91 Staff has reviewed protests and presented facts relative to the annexation. The staff report and recommendation were presented by the City Attorney as contained in his inter-com dated July 28, 1987. It was moved by Kennedy, seconded by Hoesterey, to adopt the following: RESOLUTION NO, 87-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING PROSPECT-VANDENBERG ANNEXATION NO. 141 SUBJECT TO CONFIRMATION OF THE VOTERS, CALLING AND GIVING NOTICE OF A SPECIAL ANNEXATION ELECTION FOR PROSPECT-VANDENBERG ANNEXATION NO. 141 TO THE CITY OF TUSTIN TO BE HELD IN TERRITORY PROPOSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CALL AND CONDUCT OF SUCH SPECIAL ELECTION AND PRO- VIDING FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS The motion carried 5-0. 48 It was moved by Kennedy, seconded by Hoesterey, to adopt the following: RESOLUTION NO, 87-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT A SPECIAL ANNEXATION ELECTION FOR TERRITORY KNOWN AS PROSPECT- VANDENBERG ANNEXATION NO. 141 TO BE HELD IN TERRITORY PROPOSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987 The motion carried 5-0. 48 ,,2. JOHN WAYNE AIRPORT NOISE MITIGATION MEASURES A report requested by Council on July 20, 1987 in response to resi- dent concerns. CITY COUNCIL MINUTES Page 6, 8-3-87 The Community Development Director presented the staff report and recommendations as contained in the inter-com dated August 3, 1987, prepared by the Community Development Department. Councilman Kelly felt the subject has drifted from safety to the noise mitigation aspect. He expressed a desire to instruct the City Attorney to explore all avenues to force movement of,flights further west to the original VOR approach, regardless of the Hutton Centre building. He was supportive of staff exploring what can be achieved on a contractual basis and initiating sound monitors at the City's discretion for detecting violations. It was moved by Kelly, seconded by Prescott, to follow staff's recommendation and obtain alternative proposals for sound monitor- ing equipment, along with exploring legal avenues the City could take. Councilman Hoesterey reported on observations he made during a four-hour visit to the airport with County and FAA representa- tives. He expressed concern that a consultant provides a short- term view of the situation. He recommended that the City accept the County's offer to install $250,000 worth of monitoring equip- ment north of the airport. The City could then tie into an estab- lished system, using expertise that already exists to analyze and get results from data. Councilmember Kelly and Hoesterey debated on the matter. Mayor Pro Tem Kennedy recommended looking at a proposal whereby the City would hire a consultant to evaluate the airport's data, to advise if the City could have the airport install sound equipment in Tustin in four or five areas, and then validate what is being .recorded. That will give the City the independence of having its own consultant without having to make a tremendous capital expendi- ture for equipment. Mayor Edgar concurred. A substitute motion by Kennedy, seconded by Edgar, was made to: 1) Request a formal proposal from the airport to assist the City in collecting data (install monitoring equipment north of the airport); and 2) Hire a consultant to assist in monitor placement, evaluate and to validate statistical data provided by airport administra- tion, and interpret the results. After further discussion, the motion carried 5-0. 101 X. REPORTS 1. PLANNING COMMISSION ACTIONS - JULY 27, 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. It was moved by Hoesterey, seconded by Kennedy, to ratify the Plan- ning Commission Action Agenda of July 27, 1987. The Community Development Director responded to Mayor Pro Tem Kennedy's questions regarding Public Hearing No. 5, Use Permit No. 87-15 and Variance No. 87-03, Ruby's Restaurant. The motion carried 5-0. 80 2. SUPPORT FOR NORTH TUSTIN SPECIFIC PLAN Subject item was requested by Mayor Edgar at the July 20 meeting to be agendized for Council consideration. Following consideration of the inter-com dated August 3,198Z, pre- pared by the Community Development Department, Council concurred to agendi ze the North Tustin Specific Plan for the August 17 meet- ing, ~ th copies of the plan attached to the report. 81 CITY COUNCIL MINUTES Page 7, 8-3-87 XI. OTHER BUSINESS 1. GRAFFITI TRAIL Mayor Pro Tem Kennedy reported that the graffiti Mr. Pagano spoke of under Public Input follows a path from Sycamore on to McFadden, where about five establishments have been graffitied over the past nine days. 2. TUSTIN HEIGHTS SHOPPING CENTER ENTRANCE MODIFICATION Mayor Pro Tem Kennedy inquired on the progress of the entrance modification to Tustin Heights Shopping Center (Ralph's Market}. The Director of Public Works responded that he will be meeting in two weeks with representatives from the management company to dis- cuss the matter. 95 3. PARCEL STRIP BETWEEN TUSTIN MEADOWS AND PEPPERTREE TRACTS Councilman Hoesterey noticed that realignment of the San Diego Pipeline through Tustin may change the status of subject property between Peppertree and the Meadows when that easement disappears. In the past homeowners had expressed a desire to acquire same, but hadn't because of easements through it. He alerted staff that the issue may come up again as encumbrances on subject property change. It was later noted that in preparation of the EIR, staff will be evaluating alternate routes, as well as the easement issue. Staff has requested that the environmental consultant identify any alter- natives for disposition of easement areas. 104 4, TUSTIN AREA HISTORICAL SOCIETY PICNIC Councilman Hoesterey commended the Tustin Area Historical Society on the great picnic they held over the weekend. 5. PEDESTRIAN CROSSING ON MAIN STREET BETWEEN TUSTIN PLAZA & LIBRARY Councilman Prescott reported he has received numerous comments on the need for a pedestrian crossing on Main Street between Tustin Plaza and the Library. Concurrently, staff was requested to investigate upgrading the crosswalk on First and "B Streets (see Public Input Item No. 3, Page 2). 92 6. REQUEST FOR STOP SIGN ON LORETTA DRIVE Mayor Edgar requested staff agendize the possibility of installing a stop sign on Loretta Drive to slow down the traffic. He reported a nearly fatal accident where the car ended up in a resident's front lawn. 94 XII. RECESS - REDEVELOPMENT AGENCY - ADJOURNMENT At 8:26 p.m., it was moved by Kennedy/, seconded b~, HoestereJ,, to recess to a meeting of the Redevelopment Agency; and thence adjourn to a budget workshop on August 10, 1987, at 5:30 p.m., in the City Manager's Conference Room, and thence to the next regular meeting on Monday~ August 17, 1987, at 7:00 p.m. Carried 5-0. /x~------MAyOR