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HomeMy WebLinkAboutCC MINUTES 1995 06 05MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JUNE 5, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Potts at 7:15 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Doyle. The Invocation was given by Mayor Pro Tem Worley. ROLL CALL Council Present: Jim Potts, Mayor Tracy A. Worley, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Jeffery M. Thomas Council Absent: None City Clerk Wynn: Absent Others Present: William A. Huston, City Manager Lois Jeffrey, Interim City Attorney W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Susan Jones, Recreation Superintendent Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Dana Kasdan, Engineering Services Manager Dan Fox, Senior Planner Dana Ogdon, Senior Planner Joseph Meyers, Administrative Assistant Approximately 180 in the audience PRESENTATION VOLUNTEER CONNECTION DAY BANNER Leslie Pontious, Volunteer Center of Greater Orange County, thanked the City for participating in the 3rd Annual Volunteer Connection Day; explained the Volunteer Center's mission; described this year's Volunteer Connection Day activities; presented Council with a Volunteer Connection Day Banner; and invited the community to participate in next year's event on April 27, 1996. PUBLIC INPUT EXCESSIVE TREE TRIMMING - 125 N. NIB$' STREET Irwin Gross, 125 N. "B" Street, Tustin, complained about excessive tree trimming on his property; and that staff had not properly responded to his complaint filed in January regarding various problems. Mayor Potts stated he and the City Manager would meet to discuss each of Mr. Gross' complaints and if the issues were not resolved, the matter would be agendized for Council action. CODE VIOLATIONS - 14032 PINEBROOK DRIVE Rebecca Collins, 14032 Pinebrook #B, Tustin, reported numerous code violations by the property owner at 14032 Pinebrook and questioned why an occupancy permit had been issued by the City. Mayor Potts responded that an occupancy permit should not have been issued and he would meet with Ms. Collins to resolve the issue. PUBLIC HEARING (ITEM 1) 1. GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-004, SECOND AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT AND TENTATIVE TRACT MAP 15055 (IRVINE COMPANY) Councilmember Saltarelli stated that upon advice of the City CITY COUNCIL MINUTES Page 2, 6-5-95 Attorney, he would abstain from issue because his property was proposed project, and he stepped discussion and voting on this located within 300 feet of the down from the dias. Dan Fox, Senior Planner, reported The Irvine Company was proposing several amendments to the Land Use Plan and East Tustin Specific Plan (ETSP) regarding three parcels. He stated that the first property was 30 acres located at Tustin Ranch Road/Jamboree/Portola which was designated, as commercial andthe applicant was requesting to reduce the site from 30 commercial acres to 12 commercial acres with the remaining acres designated. as residential. The second property at the northwest corner of Rawlings Way/Township Drive was a 10 -acre school site owned by the school district who was unsure whether they would develop the site; therefore, the applicant was requesting to change the property to a residential designation. He explained that the third property at Tustin Ranch Road/Irvine Boulevard was a 40 -acre lot originally planned for a high school site; however, the school district indicated they would not build a school on the site. The applicant was requesting to change the property to a residential designation. He summarized proposed changes to the 40 -acre site including a maximum of 513 dwelling units consisting of 350 apartments and 163 single-family detached units and a 5 -acre neighborhood park. The proposed changes would result in an average density of 12.8 dwelling units per acre for the entire 40 - acre site. He presented slides which identified alternative land use densitiesthatcould be designated on the property including medium-high density development; medium-high/medium density; medium density; medium/medium-low density,; and medium -low-density. Michael Le Blanc, The Irvine Company, stated that the proposed changes to the ETSP were compatible and complementary to the existing land uses in the area; described the proposed facilities at the 5 -acre neighborhood park and stated The Irvine Company would dedicate the park to the City; described the number of dwelling units on the 40 -acre site; apartment landscaping, upgrades, and amenities; and he presented slides of the proposed project. Rick Lamprecht, Irvine Apartment Communities, gave a brief background of the Irvine Apartment Communities including apartment quality levels, management, number of apartment communities, and apartment amenities. Michael_ Le- Blanc summarized the benefits- to the City of the proposed project including decreased traffic; reduced apartment building_ heights on Tustin Ranch Road and Irvine Boulevard; and the apartment proj°ectIs- increased, setbacks, and parking standards. Council/speaker Le Blanc discussion followed regarding total amount of land remaining to be developed by The Irvine Company and the approximate length of time to develop that land; Irvine Apartment Communities business strategy; and traffic analysis of the area. Mayor Potts opened the Public Hearing at 8:10 P.M. Mayor Potts read a letter from Frank Greinke, former Tustin Mayor, opposing the project. The following member of the audience spoke in support of General Plan Amendment 94-001, Zone Change 94-004, Second Amendment to the East Tustin Development Agreement and Tentative Tract Map 15055: Ronda Kerwin, Irvine Apartment Communities Council/speaker Kerwin discussion followed regarding median income of residents living at the Rancho Alisal Apartments in Tustin; rent structure; type of crimes committed in the area; and school district release of the 40 -acre site to The Irvine Company. The following members of the audience spoke in opposition to General Plan Amendment 94-001, Zone Change 94-004, Second CITY COUNCIL MINUTES Page 3, 6-5-95 Amendment to the East Tustin Development Agreement and Tentative Tract Map 15055: David Thaler, 11850 North Riviera, Tustin (also read and submitted letters from two residents) Michael Nermon, 2460 Kiser, Tustin Don Hornecker, 2246 Nelson, Tustin Janice Boyd, 2615 Augusta, Tustin Tim Curry, 2560 Alister Avenue, Tustin Mayor Potts recessed the meeting at 8:35 p.m. The meeting was reconvened at 8:47 p.m. The following members of the audience spoke in opposition to General Plan Amendment 94-001, Zone Change 94-004, Second Amendment to the East Tustin Development Agreement and Tentative Tract Map 15055: Scott Lissoy, 2306 Pinehurst Drive, Tustin Karen Daurio, 11075 Means, Tustin Jane Anderson, 2473 Via Corella, Tustin David (inaudible last name), 2860 Watson, Tustin Niles Koines, 18022 Westin Place, Tustin James Kincannon, 12060 South Riviera, Tustin Keith Casey, 2301 Pinehurst, Tustin Barbara Czech, 12656 Homestead, Tustin Donna Martinoff, 12696 Homestead, Tustin The following member of the audience questioned how the project would be financed: Phyllis Spivey, 13691 Jenet Circle, Santa Ana Council/speaker Le Blanc discussion followed regarding the 10 -acre former school site would be low-density single family residential; The Irvine Company's entitlement to build one apartment complex in Tustin Ranch; school district's release of the 40 -acre school site; financing of the project; and The Irvine Company's financial contribution to the Tustin Unified School District. The following member of the audience spoke in favor of General Plan Amendment 94-001, Zone Change 94-004, Second Amendment to the East Tustin Development Agreement and Tentative Tract Map 15055; and responded to speakers' concerns regarding the project: Michael Le Blanc, The Irvine Company There were no other speakers on the subject and the public hearing was closed at 9:35 p.m. Councilmember Thomas stated this was a difficult issue; commented on the Tustin Unified School District's decision to move the proposed high school to County jurisdiction; continued growth in the Tustin Ranch area including construction of the Eastern Transportation Corridor and Irvine Boulevard's future designation as a super street; noted if the apartments were not constructed on the 40 -acre high school site, apartments would ultimately be built on Portola Parkway; approval of a lower density project would prevent adequate space to build a park; perspective homebuyers in the Tustin Ranch area were apprised of the zoning designations; requested further discussion on constructing a park; and stated he was sensitive that the residents wanted a maximum 25 percent density. Mayor Pro Tem Worley said she had worked with The Irvine Company on this project and it had been a complicated process; noted Tustin had excessive apartments; The Irvine Company had a right to develop the land and had proposed an upscale project; stated the density percentage was important and she as well as residents in the area opposed a density level exceeding 25 percent; commented on the necessity of an additional park in Tustin Ranch; stated her opposition to the proposed project based upon residents' concerns; and believed a better project could be proposed. CITY COUNCIL MINUTES Page 4, 6-5-95 Councilmember Doyle reflected on the City's beauty before development; said the Tustin Unified School District was the nemesis in this matter; questioned the logic behind the school district relocating the proposed high school from Tustin's 40 -acre site to the Lower- Peters Canyon 40 -acre site; and stated his opposition to approving the increased 28.4 percent density. Councilmember Thomas stated apartment residents were typically not the individuals committing crimes in their complexes; every neighborhood had crime; encouraged residents to attend more Council meetings with their concerns and input regarding future development; and he recommended staff meet with The Irvine Company to develop a solution for limiting the project density to 25 percent. Michael Le Blanc, The Irvine Company, stated that the Company would agree to deferring approval of the Development Agreement and the 25 percent density issue, but requested that the Council proceed with the land use/zoning approval. Lois Jeffrey, Interim City Attorney, advised against proceeding as The Irvine Company had requested because the Development Agreement, density, and the land use issues were interrelated. She suggested that staff prepare a report separating the issues and the subject be agendized at the June 19, 1995 Council meeting. Mayor Potts said that this was a good project; the 5 -acre park was an exchange for increasing the density to 28.4 percent; favored maintaining the density at 25 percent; questioned the school district's release of the 40 -acre site to The Irvine Company; encouraged residents to be involved in development issues by attending workshops and Council meetings; cautioned the residents that denying this project could result in a higher proposed- density roposeddensity in the future; commended The Irvine Company for working with the community on this project; opposed subterranean parking; approved of the proposed apartment project design; noted completion of the I-5/SR 55 interchange would mitigate traffic congestion in the City; and property value would increase with future area development. It was moved by Thomas, seconded by Worley, to continue this item to the June 19, 1995 Council meeting. �,15_a C, Motion carried 4-0, Saltarelli abstained. Mayor Potts recessed the meeting at 10:10 p.m. The meeting reconvened at 10:20 p.m. and Councilmember Saltarelli resumed his seat at the dias. CONSENT CALENDAR ( ITEMS 2 THROUGH 14 ) Items No. 8 and 9 were removed from the Consent Calendar by Mayor Potts. It was moved by Thomas, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF MINUTES - MAY 15, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of May 15, 1995. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,397,235.93 and ratify Payroll in the amount of $393,817.13. 380-10 4. PLANNING COMMISSION ACTION AGENDA - MAY 22, 1995 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda of May 22, 1995. 120=50' 5. TUSTIN RANCH TREE PARR UPDATE Recommendation: Receive and file subject report as recommended by the Community Development Department. 920-657 6. AWARD OF GRAFFITI REWARD Recommendation: Award a $250.00 reward out of non -departmental CITY COUNCIL MINUTES Page 5, 6-5-95 7. 10. 11. 12. 13. funds to an anonymous witness for his actions leading to the issuance of citations to graffiti vandals as recommended by the Community Development Department. 900-40 SETTLEMENT OF CITY'S LIABILITY AND ATTORNEY FEE EXPOSURE AT THE MOUNTAINEER REFINERY SUPERFUND SITE Recommendation: Authorize the City Manager to execute the Settlement Agreement regarding the Mountaineer Refinery Superfund Site. The Settlement Agreement will end the City's liability exposure and attorneys' fee expense in connection with the Superfund site. The total settlement amount of $10,875.00 is based on a settlement figure of $7.50 per gallon. The City contributed 1,450 gallons of waste oil to the site. After deducting for amounts previously paid to participate in the Mountaineer Refinery PRP Committee, the amount that will be due from the City is $6,425.00 as recommended by the City Attorney. DESIGN AND CONSTRUCTION DOCUMENTS CONTRACT - FRONTIER PARK 400-10 Recommendation: Approve the Consultant Services Agreement with BOA Architecture in the amount of $19,543.00 for design and construction drawings of a restroom building and miscellaneous American Disabilities Act retrofit improvements at Frontier Park, and authorize the City Manager to execute subject agreement as recommended by the Community Services Department. 400-10 30 CITY OF TUSTIN MEASURE M GROWTH MANAGEMENT ANNUAL PROGRAM COMPLIANCE (1995-96 FY) Recommendation: (1) Adopt the draft Measure M Growth Management/ Congestion Management Seven Year Capital Improvement Program (Fiscal Year 1995-96 through Fiscal Year 2001-2002); and (2) Authorize the Public Works Director/City Engineer to submit the City of Tustin's Measure M eligibility package, including certification of the City's Maintenance of Effort and the Local Pavement Management Plan Certification, to the Orange County Transportation Authority as recommended by the Public Works Department/Engineering Division. 750-20 RESOLUTION NO. 95-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT 1994-95 FY (CIP NO. 700001) Recommendation: Adopt Resolution No. 95-53 accepting said work as complete and authorizing the recordation of the Notice of Completion, and direct the City Clerk to (1) Release the Labor and Materials Payment Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion and (2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 45 ADOPTION OF THE RELOCATION PLAN FOR THE EL CAMINO REAL STREET WIDENING PROJECT Recommendation: Adopt the Relocation Plan for the El Camino Real Street Widening Project governing the amount of relocation assistance to be provided to existing tenants at 1921 and 1951 E1 Camino Real as recommended by the Public Works Department/Engineering Division. 400-10 14. JAMBOREE/EDINGER INTERCHANGE FUNDING AGREEMENT Recommendation: Authorize the mayor to execute the Jamboree/Edinger Interchange Funding Agreement between the City of Tustin and the Foothill/Eastern Transportation Corridor Agency as recommended by the Finance Department. 400-10 CONSENT CALENDAR ITEM NO. 8 -REJECTION OF CLAIM NO. 95-13 - CLAIMANT, PAMELA WINEMILLER; DATE OF LOSS, 4/18/95; DATE FILED WITH CITY, 4/27/95 Mayor Potts stated that because of the circumstances surrounding the towing of the claimant's vehicle, he requested staff investigate the issue. CITY COUNCIL MINUTES Page 6, 6-5-95 Council concurred to continue this item to the June 19, 1995 Council 180-10 meeting. CONSENTCALENDAR ITEM NO. 9 - REJECTION OF CLAIM NO. 95-14 - CLAIMANT, MARY CHVATAL,-DATE OF'LOSS, 3/14/95; DATE FILED WITH CITY, 5/9/95 Mayor Potts stated that further clarification of the tree location on this claim was required and requested staff investigate the matter. Council concurred to continue this item to the June 19, 1995 Council meeting. 180-10 REGULAR BUSINESS (ITEMS 15 THROUGH 17) 15. ORDINANCE NO. 1151, AMENDMENT TO PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRACT It was moved by Thomas seconded by Worley, to adopt the following Ordinance No. 1151: ORDINANCE NO. 1151 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TIONT OF COUNCIL CALIFORNIA TPUBLICUSTIN AND H E BOARD OF ADMINISTRATION EMPLOYEES RETIREMENT SYSTEM Motion carried 5-0 (roll call vote). 400-75 16. CERTIFIED LOCAL GOVERNMENT 1995 GRANT APPLICATION - Rita Westfield, Assistant Director of Community Development, reported the city conferencess requesting $6,160-00 in and workshop attendance by federal used for staff and Cultural Resources Advisory Committee Members. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 95-52 authorizing the filing of an application to the State Office of Historic Preservation for a Certified Local Government grant to be and a conference encesby membersed for tofd ance at a variety of workshops the Cultural Resources Advisory Committee and support staff: RESOLUTION NO. 95-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUST o 'THEE STATEOFFICERIZING AN OF HISTORICLICATION BY PRESERVATION H T OF TUSTIN T FOR CERTIFIED LOCAL GOVERNMENT GRANT It was moved by Thomas, seconded by Saltarelli, to authorize the Assistant City Manager or her authorized representative as the agent for the City for the scope of the grant project; and agree that all required local matching funds or in-kind services be provided by the City for the proposal. 670-25 Motions carried 5-0. 17. CITY COUNCIL POSITION ON MEASURE R (HALF -CENT SALES TAX INCREASE) _ The following members of the audience spoke in opposition to Measure R: Phyllis Spivey, 13691 Jenet Circle, Tustin Carol Walters, 534 N. Shaffer, Orange Lou Bone, Tustin Chamber of Commerce Mike Shepard, 2977 Alta Laguna Blvd., Laguna Beach The following member of the audience requested Council not take a position on Measure R: Stanley Miller, 17401 Village Drive, Tustin Mayor Potts stated that Measure R would not pass in the County of Orange; Council's vote on the Measure was not important to the public; and the issue should be decided by the voters. CITY COUNCIL MINUTES Page 7, 6-5-95 Councilmember Thomas said that because the City withdrew from the Investment Pool, Council should oppose Measure R; Tustin residents should not be forced to pay increased taxes because of the County's mistake; he would present a Plan B at the June 19, 1995 Council meeting; the importance of the County to reduce spending, downsize, and privatize; and requested agendizing a resolution opposing Measure R at the June 19, 1995 Council meeting. Councilmember Doyle stated his opposition to Measure R. Council discussion followed regarding taxes stifled the economy; Investment Pool cities were opposed to Measure R; and the County of Orange had hired new employees during the bankruptcy. Mayor Pro Tem Worley noted correspondence from the County stating half of all County jobs had been eliminated; opposed increasing taxes; and stated concern regarding how the County would repay its obligations to involved agencies. Councilmember Saltarelli stated that until the Board of Supervisors publicly announced what action the County would take to downsize, he would not support Measure R; voiced concern about property values in the County; noted his mistrust of the Board of Supervisors and William Popejoy; Orange County's taxes were higher than many other counties; the County of Orange released false information to the public regarding actions they had taken; the lack of County leadership; and library services would be improved because the City would be assuming control of library operations in the future. It was moved by Thomas seconded by Doyle, to oppose Measure R. Motion carried 5-0. Council concurred to agendize adoption of a resolution opposing Measure R at the June 19, 1995 Council meeting. 150-20 PUBLIC INPUT - None OTHER BUSINESS and COMMITTEE REPORTS VIOLATIONS - ORANGE COUNTY BANKRUPTCY JUDGE RYAN/1993-94 FISCAL YEAR DATA IN ORANGE COUNTY PROSPECTUS Councilmember Doyle voiced opposition to State code violations committed by Orange County Bankruptcy Judge Ryan; and the lack of 1993-94 fiscal year data in Orange County Prospectus. He requested both items be reviewed by the City Attorney and agendized at the June 19, 1995 Council meeting. SPORTS PARK Councilmember Saltarelli expressed displeasure with the lack of progress on the Sports Park. William Huston, City Manager, responded that delays had occurred, the problems had been remedied, and construction progress was now on schedule. Mayor Potts requested a display board at the Sports Park that would indicate the current names and telephone numbers of Parks and Recreation Commissioners for residents to contact, rather than Council, if they had concerns or comments. ADJOURNMENT IN MEMORY OF CARL CLAES Mayor Potts requested adjournment in memory of Carl Claes, a Currie Middle School student who was recently murdered. CLOSED SESSION - None CITY COUNCIL MINUTES Page 8, 6-5-95 AWOURMONT Mayor Potts adjourned the meeting at 11:17 p.m. in memory of Carl Claes. The next regular meeting of the City Council was scheduled for Monday, June 19, 1995, at 7:00 P.M. in the Council Chambers at 300 Centennial Way. JIM POTT , MAYOR E. WYNN, TY CLERK