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HomeMy WebLinkAboutCC 1 MINUTES 01-04-93MINUTES REGU"A MEETING OF THE CITY COUNLi.L CITY OF TIISTIN, CALIFORNIA DECEMBER 21, 1992 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE 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. 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 µ 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 Approximately 70 in the audience IV. PROCLAMATIONS 1. BARBARA BENSON AND JOYCE HANSON.. FORMER TIISTIN 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 CITY COUNCIL MINUTES Page 2, 12-21-92 VI. VII. It was moved by Puckett, seconded by Thomas, to continue this item to the January 4, 1993 Council meeting. Motion carried 5-0. PUBLIC INPUT 1. CONTINENTAL CABLE PROGRAMMING UPDATE Nick Burkey, Continental Cable representative, gave a progress report on Channel 33 events and programming. 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. 1. APPROVAL OF MINUTES -.DECEMBER 7, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of December 7, 1992. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,810,151.04 and ratify Payroll in the amount of $303,742.70. 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. 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. 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. CITY COUNCIL MINUTES Page 3, 12-21-92 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 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. CITY COUNCIL MINUTES Page 4, 12-21-92 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. CONSENT CALENDAR NO. 5 - SELECTION OF BOND COUNSEL AND FINANCIAL ADVISOR FOR PROPOSED WATER CORPORATION BOND ISSUE Mayor Pro Tem Potts clari f ied that the City Attorney' s f irm 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 pproval: 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. Councilmember Saltarelli said that Mudge Rose Guthrie Alexander and Ferdon had a good reputation as a bond counsel and their fees were reasonable. CITY COUNCIL MINUTES Page 5, 12-21-92 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. VIII. ORDINANCE FOR INTRODUCTION - None IX. 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: CITY COUNCIL MINUTES Page 6, 12-21-92 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. 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 alues;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. CITY COUNCIL MINUTES Page 7, 12-21-92 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. X. OLD BUSINESS 1. DEVELOPMENT 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. 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. CITY COUNCIL MINUTES Page 8, 12-21-92 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 Report there was $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 ad stressed the importance He questioned the process to a private developer; utilizing excess 115% cost revenue from the Tustin Market Place to pay for parks; and borrowing funds from the Redevelopment Agency. 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 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 CITY COUNCIL MINUTES Page 9, 12-21-92 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. RECESS - The meeting recessed at 9:30 p.m. and reconvened at 9:39 p.m. XI. 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 CITY COUNCIL MINUTES Page 10, 12-21-92 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": 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. 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, W 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 f irst 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. CITY COUNCIL MINUTES Page 11, 12-21-92 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. 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 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. CITY COUNCIL MINUTES Page 12, 12-21-92 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. Motion carried 5-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - DECEMBER 141 1992 It was moved by Thomas, seconded by Saltarelli, to ratify the Planning Commission Action Agenda of December 14, 1992. Motion carried 5-0. CITY COUNCIL MINUTES Page 13, 12-21-92 2. BUSINESS LICENSE AMNESTY PROGRAM - 1992 It was moved by Puckett, seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. 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. 4. FUTURE EDINGER AVENUE GRADE SEPARATIONS AT TUSTIN RANCH ROAD, AT RED HILL AVENUE AND NEWPORT AVENUE E%TENSION 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's 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 CITY COUNCIL MINUTES Page 14, 12-21-92 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. He reported that financing for the Newport Avenue extension was feasible with a particular development scenario, however, with the present economy, it was difficult to predict that development. 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 CITY COUNCIL MINUTES Page 15, 12-21-92 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. 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. 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 CITY COUNCIL MINUTES Page 16, 12-21-92 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 technical 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 Saltarel l i , to receive and file subject report. Motion carried 5-0. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. CITY COUNCIL SPECIAL MEETING - DECEMBER 221 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. 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 in the City rather than transferring them to the County and absorbing high booking fees. CITY COUNCIL MINUTES Page 17, 12-21-92 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 HANSON, 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. 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. CITY COUNCIL MINUTES Page 18, 12-21-92 VI. 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 Monday, January 4, 1993, at 7:00 p.m. All meetings would be held at the Tustin Area Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK I. MINUTES SPEC"L MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA DECEMBER 22, 1992 CALL TO ORDER The meeting was called to order by Mayor Pontious at 5:37 p.m. at the Tustin Area Senior Center, 200 South "C" Street, Tustin, California. II. ROLL CALL --III. 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 John Shaw, Assistant City Attorney Dana Kasdan, Engineering Services Manager Valerie Whiteman, Chief Deputy City Clerk PUBLIC HEARING EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR YORBA STREET WIDENING, 135 NORTH YORBA STREET (CAMPBELL PROPERTY) John Shaw, Assistant City Attorney, reported the public hearing was being held to acquire a temporary construction easement at 135 North Yorba Street to complete the road widening of Yorba Street. Mayor Pontious opened the Public Hearing at 5:38 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Puckett, seconded by Thomas to pass and adopt the following Resolution No. 92-151 initiating eminent domain proceedings to acquire a temporary construction easement (approximately 700 square feet) at the location of 135 North Yorba Street: RESOLUTION NO. 92-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AND THE EXPENDING OF FUNDS THEREFORE, AND THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (A PORTION OF ASSESSOR'S PARCEL NO. 401-521-10, CAMPBELL PROPERTY) Motion carried 5-0. .LV. PUBLIC INPUT - None CITY COUNCIL MINUTES 12-22-92, Page 2 V. ADJOURNMENT Mayor Pontious adjourned the meeting at 5:40 p.m. The City Council had scheduled a Redevelopment Agency Workshop on January 4, 1993, 5:30 p.m.,, at the Tustin Area Senior Center; and the next regular meeting of the City Council was scheduled for Monday, January 4, 1993, 7:00 p.m., at the Tustin Area Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK