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HomeMy WebLinkAboutCity Council Minutes 03-16-87MINUTES OF A REGULAR ~ETI NG OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MARCH 16, 1987 Io II. III. CALL TO ORDER/PLED6E 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 Councilman Hoesterey, and the Invocation was given by Councilman Sal tarel 1 i. ROLL CALL Counci 1 persons Absent: Others Present: Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Donald J. Saltarelli None 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 Ronald A. Nault, Finance Director Royleen White, Dir. of Com. & Admin. Srvcs. Ronald Wolford, Engineering Service Manager Susan Jones, Recreation Superintendent Jeff Davis, Senior Planner' Janet M. Hester, Administrative Secretary Approximately 80 in the Audience PUBLIC HEARING 1. PROPOSED ANNEXATION NO. 141, PROSPECT/VANDENBERG - RESOLUTION NO. 87-36 Subject hearing was an information hearing, not a protest hearing, to provide residents an opportunity to express concerns/views on the matter. A petition was filed requesting annexation of an area bounded on the north by Vandenberg Lane, on the east by Prospect AVenue, on the south by Sherbrook Lane, and on the west by present City boundary. The area consists of 182 single-family residences and is zoned E-4. The Community Development Director presented the staff report and recommendation as contained in the inter-com dated March 16, 1987, prepared by the Community Development Department. The public hearing was opened by Mayor Edgar at 7:03 p.m. Winston Jewson, 17662 Sherbrook Drive, inquired about the differ- ence in property, tax bills for city vs. county residence. He felt that annexation will only add another layer of government wi th which residents must contend. He stressed that area residents have enjoyed an excellent relationship with the City. Mayor Edgar explained the City's bonded indebtedness for the 1971 Park Bonds and the 1973 Civic Center Bonds. The Mayor highlighted the benefits of cityhood versus remaining in the unincorporated area. The City Manager responded to Mayor Edgar that Council has the authority to exempt newly-annexed areas from paying on the bonds. Councilman Saltarelli clarified Council's policy that in the las.t three annexations which Tustin has processed, they have been exempted from the bonds. He added that Great Western Reclamation will adjust the trash collection fee for residents in annexed areas to Tustin's rate, which is lower than the County rate. CITY COUNCIL MINUTES Page 2, 3-16-87 George Jeffries, Galy Street resident, spoke in favor of the annexation. Jerry Weil, 1702 Summerville Avenue, expressed concern that current residents are going to have to help pay for capital improvements in annexed areas. Mr. Weil asked the following questions: 1) How much will it cost the City to bring in each parcel? 2) Will the City do a financial impact review for each parcel? 3) Will the information be given to the general public? 4) Will the City establish special assessment district~ for any needed improvements or added maintenance for these parcels? Mr. Weil stated he is not necessarily opposed to annexation of North Tustin areas. He has seen some benefits to the City in doing so. However, he is concerned that current City residents are being ignored and will have to pay heavily for these anneXations. Joan Feldman, Sherbrook Drive resident, was informed of the process being followed for subject annexation as an island annexation. She spoke in favor of the annexation. Bruce Andrew, Norwood Park Place resident, was informed of the City's policy for tree trimming and tree removal/replacement. He also spoke in favor of the annexation. There were no other speakers on the matter, and the public hearing was closed at 7:25 p.m. Councilman Saltarelli noted that the Tustin Auto Center and commer- cial development in East Tustin will be completed over the next five years. 'This will provide the City with eXcess tax revenue. Rather than returning any excess to the State under limitations of the Gann Act, he would rather expend it on areas requesting annexa- .tion to Tustin. It is also their money by virtue of their shopping in Tustin and creating a sales tax base which is one of the highest in the State. He closed by stating that none of the proposed annexations would cause a decrease in services to existing resi- dents. Councilman Hoesterey stated that as part of the LAFCO process, it was Council's direction to negotiate the distribution of property tax revenue in annexation areas, since the County will save the cost of services and future capital improvements. From the stand- point of government costs, duplication of services will be elimina- ted in an island annexation such as this. On an overall basis, there will be economy of scale in the cost of total government for an island annexation which will be realized in the long run in lower taxes. It was' moved bo/ Hoesterey, seconded b), Saltarel 1 i, to adopt Resol u- tion No. 87-36 which petitions the Local Agency Formation Commis- sion to proceed with the.proposed subject annexation: RESOLUTION NO. 87-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE "ISLAND" ANNEXA- TION OF TERRITORY KNOWN AS PROSPECT/VANDENBERG ANNEXATION NO. 141 Mayor Edgar added that transportation is one of the most challeng- ing problems for both City and unincorporated areas alike. He stated his personal belief that the opportunity to join forces through annexation will bring about more effective solutions of transportation issues for the entire community. The motion carried 5-0. 24 IV. PUBLIC INPUT None. CITY COUNCIL MINUTES Page 3, 3-16-87 VD CONSENT CALENDAR Mayor Edgar wished to clarify that his Mayoral term will extend from March, 1987, to February, 1988. The following Mayoral term will then extend 'from February, 1988, to December, 1988. This was done in consideration of Council's recent action to consolidate the General Municipal Election, which was previously conducted in April of even- numbered years, with the November statewide election. It was moved by Kennedy, seconded by Kelly/, to approve the entire Con- sent Calendar. CarriedI 5-0. 1. APPROVAL OF MINUTES - MARCH 2, 1987, REGULAR MEETING 2. APPROVAJ. OF OEIqANDS IN THE AMOUNT OF $1,693,184.65 IEATIFICATION OF PAYROLL IN THE AMOUNT OF $169,199.63 5O 3. REII~)URSEMENT AGREEIqENT FOR SANITARY SEWER FACILITIES Approved subject agreement between the City and Irvine Ranch Water District (IRWD) for the completion of IRWD sewer facili- ties within Assessment District No. 85-1 (Project No. 21392}; and authorized the Mayor and City Clerk to execute same as recommended by the Public Works Department/Engineering Divi- sion. 45; 87- 4. CONSULTANT AGREE)lENT FOR PROFESSIONAL SERVICES FOR llJSTIN LANDSCAPE AND LIGHTIN6 DISTRICT Approved subject agreement between the City and BSI Consul- tants, Inc., for preparation of an annual Engineer's Report for the Tustin Landscape and Lighting District; and authorized the Mayor and City Clerk to execute same subject to final approval of the City Attorney as recommended by the Public Works Depart- ment/Engineering Division. 45; 87- 5. RESOLUTION NO. 87-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED PROSPECT/VANDENBERG ANNEXATION NO. 141 Adopted Resolution No. 87-37 as recommended by the Community Development Department. 24 6. RESOLUTION NO. 87-35 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED LA COLINA/BEVERLY GLEN DRIVE ANNEXATION NO. 14;? Adopted Resolution No. 87-35 as recommended by the Community Development Department. 24 7. RESOLUTION NO. 87-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP 13044 (SHADOW BROOK) Adopted Resolution No. 87-40 to approve Final Tract Map 13044 (formerly Tract 12719) filed by the Bren Company as recommended by the Community Development Department. 99 8. RESOLUTION ND. 87-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE SCHEDULE FOR TUSTIN CITY CODE VIOLATIONS Adopted Resolution No. 87-39 to bring all parking fines into line with current costs, whi'ch has not been updated since 1981, as recommended by the Police Department'. 82 9. REJECTION OF CLAIM NO. 87-3; CLAIIqANT: LEAH MARIE FISHER; DATE OF LOSS: 12/4/85; DATE FILEO WITH CITY: 1/12/87 Rejected subject claim for medical expenses and general damages in the amount of $8.5 million as recommended by the City Attor- ney. 40 10. REJECTION OF CLAIM NO. 86-53; CLAIIqANT: FRANK lAWSON; DATE OF LOSS: 10/31/86; DATE FILED WITH CITY: 11/13/86 Rejected subject claim for property damage in the amount of $300.00 as recommended by the City Attorney. 40 CITY COUNC I.L MI NUTES Page 4, 3-16-87 11. REJECTION OF CLAIM NO. 87-7; CLAIMANT: MARTIN SOLBERG; DAllE OF LOSS: 1/19!87; DATE FILED WITH CITY: 1/23/87 Rejected subject claim for property damage in the amount of $1,005.70 as recommended by the City Attorney. 40 12. REJECTION OF CLAIM NO. 87-5; CLAIMANT: BRIAN ,]AMES WORTMAN; DATE OF LOSS: 10/6/86; DATE FILED WITH CITY: 1/14/87 Rejected subject claim for personal injuries in an unknown amount as recommended by the City Attorney. 40 A~EmA ORDER IX. NEW BUSI NESS 2. TUSTIN AREA SENIOR CENTER: REPORT FUND RAISING READINESS ASSESSMENT Council concurred with Mayor Edgar's request to consider subject item at this point in the agenda to accommodate the number of seniors in the audience. The Director of Community and Administrative Services introduced Robert B. Sharp, President of Gary W. Phillips & Associates, who was retained in September, 1986, to conduct a fund-raising campaign readiness assessment for the Tustin Area Senior Center. Mr. Sharp made a 30-minute overhead slide presentation outlining his firm's findings and recommendations, as contained in the draft report dated February 27, 1987. He provided background on the pro- cess used in conducting the funding feasibility study for the senior center project; he identified the principal objectives of the study; he noted the favorable and unfavorable factors of the external market; and he explained the contribution assessment chart, leadership level support, and professional conclusions. Joe Monroe, 130 Orangewood Lane, raised several questions regarding 'the assessment report, to which Mr. Sharp and Councilman Hoesterey responded. ' There were no other speakers on the matter. It was moved by Hoesterey, seconded°by Kennedy, to 1) Direct staff to negotiate with the firm of Gary Phillips & Associates, and report back to Council on April 6 with a recom- mendation on what is required to proceed with the fund-raising campaign; and 2) Continue to obtain input from the Steering Committee for a Senior Center (SCSC) and others in reference to organizational aspects, and report back to Council on April 6 with an indica- tion that the organ, izational responsibilities necessary to pro- ceed through the next phase are being established. Council discussion followed. Councilman Saltarelli suggested that since next year's Redevelopment tax increment will be sizable financially, why not proceed by advancing the additional $600,000 for construction costs with City funds, to be repaid through fund- raising efforts if necessary. This would accelerate construction. Councilman Kelly requested research into the overall feasibility of a senior citizen radio station at the center, as well as cable television, as suggested by Mayor Pro Tem Kennedy. Councilman Hoesterey noted that the mechanisms are set up for incorporating such ideas. Mayor Edgar stressed the essence of an optimistic, specific date for groundbreaking. Councilman Hoesterey stated that he expects that to be included in the proposal to come back to Council on April 6. The motion carried 5-0. 41 CITY COUNCIL MINUTES Page 5, 3-16-87 AGE I~A ORDER VII I. OLD BUSI NESS 3. PRESENTATION REGARDING VOR AT ,JOHN WRYNE AIRPORT With Council's concurrence, Mayor Edgar introduced Jay Maag, Air Traffic Manager at John Wayne Airport for the Federal Aviation Administration (FAA}. He is also public affairs and community relations representative for FAA for Orange County and the Long Beach area. Mr. Maag made a lO-minute presentation on the matter. He provided a brief history of the VOR from the time of its commission in 1971, to its decommission in 1987. He explained how the VOR operates. Mr. Maag stated that the ILS (Instrument Landing System) approach (still in operation) is a more precise navigational aide. Mr. Maag described the events leading up to decommissioning of the VOR when the building in Santa Ana's Hutton Centre reached the eighth floor. He noted that the VOR will not be turned on in its present location. The FAA is working with Orange County manage- ment, looking at various short-term and long-term solutions to pro- vide more than one approach to the airport for even distribution of noise. Mr. Maag responded to Council questions. He stated that the noise issue is each airport's responsibility. The FAA does not own air- ports. He described criteria the FAA has for airports, and the services it provides as airports develop and qualify for same. Councilman Hoesterey encouraged Council to take necessary action to at least establish the traffic patterns that existed before the VOR was decommissioned. Mr-.. Maag explained that the VOR issue is unique in that the developers have agreed to pay for relocation of a new VOR. · From the standpoint of future review of high-rise buildings around the airport, FAA determinations do not prevent their construction. The only leverage available to the FAA when a local agency issues a building permit, even after it has been determined to be either a hazard to navigation or safety, is that it provides airports with grant money which has many stipulations attached. If those stipu- lations are not met, i.e., a building constructed against their determination, the FAA can demand return of the grant funds. A microwave system is being considered, which would be a long-term solution because it would allow pilots to fly different types of approaches. Councilman Saltarelli expressed preference for same because of the ability to share impacts over broader areas with better control. Mr. Maag responded to Mayor Pro Tern Kennedy that he was present to provide information on the VOR, not to take back any action to the FAA. He explained the difference between a navigation' hazard and a safety hazard. Mr. Maag stated that he personally felt the City of Santa Aha should not have issued a building permit for subject building. Normally when the FAA makes a presumed hazard determina- tion, that usually stops the responsible agency from issuing the bui 1 ding permit. He further stated that the City of Santa Aha had' the authority to stop construction of subject building. The FAA has no recourse on that now. For some reason, the County of Orange had no recourse in stopping its construction either. He suggested Tustin contact the County of Orange on the matter, since they do own the airport. Councilman Kelly was informed that the FAA regional headquarters in Los Angeles does have some noise monitoring equipment. The FAA has monitored noise in different areas around' Los Angeles International Airport. Relative to helicopter noise in the East Tustin Browning Corridor, Mr. Maag stated it may or may not be an issue the FAA will deal wi th. CITY COUNCIL MINUTES Page 6, 3-16-87 Mayor Edgar expressed Council's frustration and fear that there may be other buildings or issues being considered with similar or worse impact. Yet until there's any final.'determination from FAA, Tustin is not even aware of what the issues are. He felt Tustin must do more vigorous and peceptive monitoring. Mr. Maag noted that the cities of Costa Mesa and Irvine have been very responsive on such issues and had been working on moving the VOR up until its decom- mission. -. Councilman Saltarelli commended the air traffic controllers on doing an excellent job under very difficult conditions. Mr. Maag stated that the charted visual approach lis a good solution to this dilemma. He cited several airports throughout the country who have instituted it in the last 5-6 years as a community effort. Mayor Pro Tem Kennedy .expressed concern regarding the mix of com- mercial and general aviation at John Wayne Airport. The Council thanked Mr. Maag for his presentation. Mr. Maag was asked to help convey to FAA Council concerns and desires to con- tinue and expand operations at John Wayne Airport on a fair share basis. It was moved by Hoestere¥, seconded b), Saltarelli, to authorize the fol 1 owing: 1) That Tustin become actively involved in discussions with the County of Orange to advise them of Council's position on the matter; 2) That a letter be sent to John Wayne Airport Manager George Rebella, explaining Tustin's desire to reinstate even distribu- tion of flights by locating a new VOR westerly of the airport VSo easterly, so that the approach patter.n will be similar to that used before the VOR was decommissioned; and 3) That a letter be sent to the City of Santa Ana requesting they coordinate future high-rise building plans, particularly in the airport area, to be absolutely certain they will not be hazar- dous to surrounding communities, prior to issuing building per- mits. VI. Council discussion followed. The motion carried 5-0. ORDINANCE FOR INTRODUCTION 101 1. COMMERCIAL TRUCK PARKING - ORDINANCE NO. 982 At its meeting of February 2, 1987, City Council directed the City Attorney to revise City ordinance to allow tow-away for violation of commercial truck parking restrictions. It was moved bi/ Saltarelli, seconded by Hogstere~/, that Ordinance No. 982 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 982 by th'em City Clerk, it was moved bi/ Kennedy, i,$e,conded ,ibY Hoesterey, that Ordinance No. 982 be introduced as follows: ORDINANCE NO. 982 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 952 RELATING TO PARKING OF COMMERCIAL VEHICL.ES The motion carri ed 5-0. 75 VII. ORDINANCES FOR ADOPTION- None. VIII. OLD BUSINESS 1. PETERS CANYON REGIONAL PARK MEMORANDUM OF UNDERSTANDING (MOU) Minor adjustments have been made to the MOU since its March 3, 1986, approval. The County has agreed the City will participate in park planning to insure facilities are compatible with the East Tustin Specific Plan. CITY COUNCIL MINUTES Page 7, 3-16-87 It was moved bi/ Saltarelli, seconded by Hoesterey, to approve in concept the Memorandum of Understanding which will come .back for Council's formal approval once the County. of Orange has acted on it as recommended in the inter-com dated March 4, 1987; prepared by the Administrative. Services Department. After a brief question-and-answer period, the motion carried 5-0. 45; 86-13 2. MITCHELL AVENUE - HEATHERFIELD DRIVE TRAFFIC CONCERNS On October 6, 1986, Council directed staff to send a letter ques- tionnaire to all potentially affected residents to determine whether-they would favor the proposed permit parking program. Staff has compiled results and comments from residents, and-listed Council action alternatives. Police Chief Thayer presented the staff report and recommendation as contained in the inter-com dated March 11, 1987, prepared by the Pol ice Department. William Ross, 14351 Heatherfield Drive, relayed problems associated with parking of vehicles owned by 'non-residents of Heatherfield Drive. He spoke in favor of a permit parking system. He was opposed to on-street parking prohibition between 2-6 AM. Carol Bone, 14312 Heatherfield Drive, spoke in favor of a permit parking system on behalf of the majority of Heatherfield Drive residents. Bill Grimshaw, 14282 Heatherfield Drive, spoke in favor of a permit parking system, even if only enforced during the hours of 2-6 AM. The Police Chief responded to Mayor Edgar that a pe'rmit parking system between 2-6 AM is a logical possibility. He cautioned that once it is allowed, requests for same will be Plentiful throughout the City. The Chief noted that the parking violation fine is $37.50. It was then moved by Saltarelli, seconded by.Edgar, to institute a permit parking system for Heatherfield Drive residents between the hours of 2:00 a.m. and 6:00 a.m., and schedule the matter for Coun- cil review six months from initiation. Kathy Guy, 14282 Heatherfield, complained that her vehicle was singled out and cited, although a neighbor's vehicle was parked identically. The Chief invited Ms. Guy to bring her citations to his office and he would be happy to.spe~k to her on the matter. Councilman Hoesterey reminded Council that red c.urbing was installed on Mitchell due to the number of recreation vehicles parked along the street, which was a safety hazard .of blocked visi- bility for vehicles exiting driveways. Following Council discussion, the motion carri'ed 5-0. 75 Asoa follow-up to Council dialog, it was moved by Kennedy, seconded by Kelly, to direct staff to reassess the red-curbing on' Mitchell Avenue. Carried 5-0. 75 Mary Joe Ettleman, Heatherfield Drive resident, reported that the Director of Public Works had informed her father that the red curb- ing has been removed, although i.t has not. 3. PRESENTATION REGARDING VOR AT JOHN WAYNE AIRPORT See Pages 5 and 6 of these Minutes. CITY COUNCIL MINUTES Page 8, 3-16-87 IX. NEW BUSINESS 1.. 1987 TUSTIN TILLER DAYS - ORAL REPORT Mayor Edgar welcomed Linda Andrews, new Tiller ~Days Chairperson, who presented an oral report on the 1987 Tustin Tiller Days. She reported on Committee meetings to date.' She presented a proposed budget requesting financial support from City Council in the amount of $7,500. She reported an outstanding bill for $1,500 that was an under-estimate for electrical and phone needs which was given to her by Mr. Teter. In order to pay-that and begin reserving carnival rides, she~ requested that Council advance the funds at this time. It was moved b~ Saltarelli, seconded b~, Hoesterey, to authorize allocation 'of $ ,500 for the 1987 Tustin Tlller Days. The motion carried 5-0. · 34 Ms. Andrews announced that 1987 Tustin Tiller Days will run through October 9, 10 and 11, 1987. 2. TUSTIN AREA SENIOR CENTER: REPORT FUND RAISING READINESS ASSESSMENT' See Page 4 of these Minutes. 3. SITE PLAN/DESIGN REVIEW 87-3: SPOONS RESTAURANT, 13741 NEWPORT AVENUE - RESOLUTION ND. 87-38 (Reference Redevelopment Agency Agenda, Item No. 5) The applicant has submitted a site plan and architectural design to erect a one-story 5,252 sq. ft. Spoons Restaurant in Tus:in Plaza, immediately adjacent to Newport Avenue, south of the center's main entrance. Following consideration of the inter.-com dated March 16, 1987, prepared by the Community Development Department, it was moved by Saltarelli, seconded by Hoesterey, to adopt Resolution No. 87-38 with the following addition: "Except as to color which shall be determined by the property owner." Councilman Saltarelli stated that' Council should not determine what color awning's will be. That should be left to the developer. Mayor Pro Tem Kennedy rebutted that Tustin has become the beautiful city it is today because of Council's demand from the development community to meet l~he highest standards in Orange County, including one of the toughest sign codes. Councilman Saltarelli and Mayor Pro Tem Kennedy ensued in debate on the matter. The Community Development Director interjected that the proposed awning colors are pink, yellow, purple, dark green and vertigo. It has never been staff's determination to want to dictate color. Philosophically, doing so without providing some flexibility to the developer would be beyond staff's authority under site plan review. However, staff does feel that contrasting col ors are desirable, but they should be compatible with the center. The developer has agreed to a condition where he would submit two or three additional samples for staff review to determine compat- ibility. In the event that no agreement is reached between .the developer and staff within 30 days, the matter would go back to the Redevelopment Agency at its next meeting after 30 days for final determination on alternatives. The developer did commit to that agreed modification, as well as some other minor revisions to the resol ut i on. The motion'was amended by Saltarelli, seconded by Hoesterey, to adopt Resolution No. 87-38 with modification's .... to 'Exhibit 'fA" as fol lows: CITY COUNCIL MINUTES Page g, 3-16-87 Item 3 shall have an additional paragraph to read - "In the event that no agreement on awning color can be reached between .Spoons and the'Director within 30 days of approval of this resolution, deter- mination of awning color shall be made by the Redevelopment Agency at their next scheduled meeting." 'Item 17 shall read, ."Umbrellas used in the outdoor seating area shall not display product names." Item 18 shall read, "'No Parking' signage and red curbing shall be installed on the main driveway aisle. Palm trees shall not be removed ." · RESOLUTION ND. 87-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF A RESTAURANT TO BE LOCATED AT 13741 NEWPORT BOULEVARD The motion carried 4-1, Kennedy opposed. 81 4. LA#BSCAPE )w~kII~TE~NCE OISll~ICT - EAST TUSTIN Formation of subject district would provide landscaping maintenance of the area between the back edge of the sidewalk and ,exterior walls of adjoining subdivisions. The estimated cost of said maintenance would be $10-$12/month/parcel assessed through the property tax bill. The district would be administrated by the City. All City costs would be included in the monthly assessment, resulting in no additional City expenditures. The City Manager presented the staff report and recommendation as contained in the inter-corn dated March 10, 1987, prepared by the Public Works Department/Engineering Div.ision. Council discussion followed. The City Manager responded to Council questions. Norman Witt, Manager of Public Financing Districts for The Irvine Company, responded to Council that the issue is really whether to form a landscape maintenance district administered by the City or whether to allow homeowners' associations to assume that responsi- bility. The residents will pay one way or another, and the objec- tive is to give the homeowner the best value, through a homeowners' association or through a landscape district. Mr. Witt explained that the process would be to direct staff to hire a consultant to prepare a detailed analysis and report back to Council with a preliminary engineer's report. This will provide a more definitive idea of the cost per parcel. Normally as part of this review, the consultant will do a project out for 5 years. At that point Council will have the opportunity to review the report and then set a date for the public hearing to confirm formation of the di st ri ct. It was moved by Hoesterey, seconded by Kennedy, to approve the con- cept of the formation of a 1972 Landscape and Lighting District within the East Tustin area; and direct staff to solicit proposals from consultants to provide the engineering services for the forma- tion of said district as recommended by the Public Works Depart- ment/Engineering Division. The motion carried 5-0. 86 FAST TUSTIN POLICY co~mMITTEE RECO~ENDATIONS Mayor Edgar requested Council consideration of policy recommenda- tions pertaining to the East Tustin Specific Plan made by the East Tustin Steering Committee, to which he and Mayor Pro Tern Kennedy were appointed by Council. He noted that The Irvine Company has requested an opportunity to review details of the policy. There- fore, Council has the option to either affirm the policy recommen- dations or direct the Committee to meet with staff and The Irvine Company to review the policy, make revisions, etc. Mayor Pro Tern Kennedy stated she did not know until just prior to the meeting that The Irvine Company had made such a request. She felt it inappropriate that they review Council policy. It is not in ordinance form. It simply shows Council concern for the East Tustin Plan of which The Irvine Company should be aware. CITY COUNCIL MINUTES Page 10, 3-16-87 The motion by Kennedy to approve the East Tustin Policy Committee as contained in the inter-corn dated January 26, 1987, prepared by the City Manager died for lack of a second. Councilman Hoesterey stated he has concerns in areas of administra- tion of low-income housing, which he thought would be appropriate to discuss with the committee. He favored deferring the matter for two weeks for further Council review. Mike Ellis, The Irvine Company representative, stated that their intention in asking for deferral was not to set Council policy. They would simply like time to review the matter and submit com- ments, data, exhibits, or whatever may make it easier for Council to develop policy statements. Councilman Saltarelli concurred that it would be wise to defer the matter. Basically, he felt the direction of the policy recommenda- tions were very good. However, he voiced concern about the loca- tion of affordable housing which should be determined on a case- by-case basis. Secondly, he felt that meandering sidewalks should not be combined with elevations similar to Laurelwood where it has become an annoyance. It was then moved by Edl)ar, seconded by Hoesterey, to agendize the matter for April 6 and direct the Committee to meet with staff, and The Irvine Company representatives to review same. The motion car- ried 5-0 {Kennedy under protest). ' ' 81 6. SURPLUS SCHOOL SITES Consideration was given on whether the City Council should exercise the option to purchase surplus school sites. The City Manager presented the staff report~ as contained in his inter-com dated March 16, 1987. Councilman Hoesterey recommended ~hat Council at least begin the negotiation process and notify Tustin Unified School Dis'trict {TUSD) of Council interest in the administration site, Sycamore School site, and perhaps Guinn Foss. He felt it incumbent upon Council to identify the funding mechanisms to be used should it be successful in bidding for those sites. Mayor Edgar expressed concern to preserve open land areas. He acknowledged that the Santa Ana site is inappropriate. However, he felt Council should consider the other seven sites. As Council proceeds to identify how to fund them, it may be confronted with having to back off. However, he would rather do so than to have lesser direction and never have the opportunity to expand. Councilman Hoes. terey expressed concern i~het the first step in the process is an appraisal, which Would be a heavy expenditure for all seven sites. Councilman Saltarelli noted that the law allows the City to pur- chase the sites at 25% of appraised market value, which is the best deal the Council will ever have in the City's history. The City Attorney responded that subject provision is limited to open areas and would not be applicable to the administration site. Councilman Saltarelli stated that in addition to the Santa Aha site, he did not feel the City should bid on the administration site. The City presently has a senior center proposal and a park adjacent to the site which would denigrate the City's ability to purchase it at less-than-market value. Councilman Saltarelli felt the City should purchase the remaining sites within Tustin's sphere of influence for temporary use as child care centers. This would bring revenue to the City until the School District either changes its policy or needs to buy them back. He saw this as a way of preserving open space in an area with no park system whatsoever. CITY COUNCIL MINUTES Page 11, 3-16-87 The City Manager reminded Council that the City has only 60 days to negotiate, unless the District extends that period. It will take a minimum 'of 30-45 days, probably 60 days, just for appraisals. The City could spend up to $10 thousand per app.raisal. In addition, there is the issue of financial feasibility and land use implica- tions. He stated that to consider one site would be difficult, to consider all the sites is virtually an impossible task unless Coun- cil is willing to spend a substantial amount of money to study this very complex issue. Councilman Saltarelli stated it would be worth every penny. Mayor Pro Tem Kennedy expressed interest in the administration site, even at fair market value. She also expressed interest in any site that could reasonably end up in the City's boundaries. Arnold Kluender, 12901 Eveningside, referenced a letter to Council signed by himself, Russell Abbott, and Donald Belveal, proponents of Annexations No. 139, 140 and 142, respectively. He spoke in favor of City acquisition of the six school sites to preserve open space. The Mayor thanked Mr. Kluender. Mayor Edgar suggested that Council address the sites one area at a time. He directed Council consideration to the administration site. Acquisition of same would enable the City to expand Pepper- tree Park and it would enhance the Senior Center. Funding availa- bility would come from the Redevelopment area. It was moved by Kennedy, seconded by iKelly, to direct staff to take the necessary steps to acquire the Administration building site. Council discussion followed. The City Attorney responded to Councilman Hoesterey that the City is excluded from directly purchasing sites outside of its bounda- ries at 25% of appraised value. One possibility would be if the County entered a cooperative effort to purchase sites in the unincorporated area at 25% of appraised value, and then sold them to the City. There is a limitation on these purchases because the buyer must agree to maintain them as open space. After further discussion, the motion carried 4-1, Saltarelli opposed. Mayor Edgar next directed Council consideration of the Sycamore and Guinn Foss school sites, located in areas presently in annexation proceedings. (Annexation No. 140 - Sycamore School; Annexation No. 143- Guinn Foss.) The City would need the County's coopera- tion to enable the City to proceed with their acquisition. Council/staff discussion followed. It was moved by Kennedy, seconded by Saltarelli, to direct staff to' 1) Notify the TUSD Board of Education of the City's intent to pur- chase the Sycamore and Guinn Foss sites, and 2) Request the County Board of Supervisors' cooperation and assis- tance in acquiring same. The motion carried 5-0. Lastly, Mayor Edgar directed Council consideration to the remaining four sites - Del Norte, Redhill, Cerritos, and Mildred Morrow. They are in areas which he doesn't envision being annexed to Tustin for a number of years. Yet, he would like to preserve the open space, but was not aware of any legal opportunity to do so. Councilman Saltarelli felt Council should take whatever steps it can, including a bond issue, to purchase subject sites, even if they're outside the City and have to be purchased at market value. He saw it as a last chance to preserve open space in a highly CITY COUNCIL MINUTES Page 12, 3-16-87 Xo XI. Councilman Hoesterey rebutted that Tustin should not be obligated to step in and use its tax dollars to preserve recreational area outside of its boundaries. There are certain sites that definitely can be construed to be part of the City. Perhaps the County should step" in at this point to preserve those sites with future dedica- tion rights, should they ever become part of the City. Councilmembers Hoesterey and Saltarelli debated the matter. -. Mayor Pro Tem Kennedy wondered if the City could assist and advise the Foothill Communities Association and the North Tustin Municipal Advisory Council to contact the Board of Supervisors to give them the parkland which 'they don't have. Mayor Edgar and Councilman Hoesterey. were not in favor of doing so. Mayor Edgar stated he is personally in favor 'of taking initial steps to preserve the four remaining sites. Council may be forced to back off because of costs or other factors. But'' he thought interest should at least be initiated. Councilman Saltarelli con- cuffed that there should be a way of trying to preserve this most val uabl e resource i n the area. Councilman Hoesterey expressed concern in expending $10,000 per parcel for appraisals. He did not think it's the City's responsi- bility to protect the entire County area. It was moved by Saltarelli, seconded bi/ Edl)ar, to initiate steps for acquisition of the four remaining SChOOlI sites- Del Norte, Cerritos, Mildred Morrow and Redhill. The motion carried 4-1, Hoesterey opposed. 90 REPORTS 1. PLANNING commISSION ACTIONS - MARCH 9, 1987 It was movediib~ Hoesterey, seconded b~ Saltarelli, to ratify the 'entire Planning Commission Action' Agenda of March 9, 1987. The motion carried 5-0. 80 Oll4ER BUSI NESS 1. REQUEST FOR CLOSED SESSION The City Attorney requested a Closed Session to be held pursuant to Government Code Section 54956.9 regarding litigation entitled Baldwin vs. City of Tustin. 40 2. AWARB-WINNIN~ SIGNAGE IN PLAZA LAFAYETTE Councilman Kelly reported that the designer of the pole type iden- tification sign in Plaza Lafayette (golden rooster) won a merit award at the Orange County Ad Club, which is a very prestigious honor. He requested that a letter of congratulations be sent to Dan Bish, designer of the sign. 84 3. FINANCIAL REPORTING CO)~NENDED Councilman Kelly complimented the Finance Director on the financial reporting he recently received. 50 4. 'FAREWELL TO COUNCILMAN DONALD J. SALTARELLI Councilman Kelly sang an eloquent, personalized version of "Donny Boy" as a farewell to Donald J. Saltarelli upon his resignation from City Council. The audience and Council applauded Councilman Kelly. 38 5. CORRESPONDENCE TO SECRETARY OF NRVY RE HELICOPTERS Council concurred with Mayor Pro Tem Kennedy's request that a let- ter be sent to the Secretary of the Navy on the issue of the heli- copters. 103 CITY COUNCIL MINUTES Page 13, 3-16-87 6. SENATE BILL 97 The City Manager responded to Councilwoman Kennedy that staff has reviewed Senate Bill 97 and 'is communicating with Marian Bergeson on the same which is the developer fee clean-up bill. 61 7. CON~ATULATIONS TO FINANCE DIRECTOR Councilman Hoesterey congratulated, the .Finance Director on the excellent award he recently received. 50 8. LOW-FREQUENCY NOISE IN PEPPERTREE AREA Councilman Hoesterey reported he has received calls from residents regarding low-frequencY and loud paging system noises in the Peppertree area. He requested that staff investigate same. 9. NRNDATORY DRUG TESTIN6 Councilman Saltarelli reported that Senator Seymour has introduced a bill regarding mandatory drug testing for specific jobs related to safety and high risk. He encouraged Council to review same. 79 10. LETTER OF THANKS TO CONGRESSMAN BADHAI~ Councilman Saltarelli requested that Mayor and Council send a let- ter to Congressman Badham and thank him for his diligence in pur- suing the matter of the Super Stallion CH-53E Helicopter. 103 11. EFFECTIVE DATE OF RESIGNATION - DONALD J. SALTARELLI Councilman Saltarelli announced that the effective date of his resignation is March 19, 1987. He thanked the Council and previous Councils for their support for the past years while he has been on the Council. He also extended thanks to the City Attorney, staff members, and residents of Tusti n. 38 12. PROCLAMATION TO OONALO J. SALTARELLI Mayor Edgar read a proclamation honoring Donald J. Saltarelli for almost 15 years of service to the City of Tustin as a member of the City Council. 84 13. COUNCIL APPOINTMENTS Mayor Edgar made committee appointments for 1987 as follows: Committee Representative Alternate O.C. Sanitation District #1 Hoesterey O.C. Sanitation District #7 Edgar O.C. Sanitation District #14 Kennedy Joint Powers Authority, Eastern/ Foothill Transportation Corridor Edgar O.C. Vector Control Kennedy League of Cities Hoesterey NEOCCS Kel 1 y I-5 Freeway Committee Edg~r Edgar Kennedy Edgar Hoesterey Kelly Edgar 14. APPLICATIONS FOR APPOINTMENT TO CITY COUNCIL Mayor Edgar requested that The Tustin News publish an article inviting interested residents to submit applications for appoint- ment to the City Council, replacing Donald j. Saltarelli. 38 CITY COUNCIL MINUTES Page 14, 3-16-87 XI I. RECESS - REDEVELOPINENT; CLOSED SESSION - ADdOURNiNENT At 10:43 p.m., it was moved by Kennedy,,. seconded b~y Hoestere~,, to recess to a meeting of thle Redl'evelopment Agency; thence to Closed Ses- sion pursuant to Government Code Section 54956.9 to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party {Baldwin vs. City of Tustin); and thence adjourn to the next Regular Meeting on April 6, 1987, at 7:00 p.m. CaPri ed 5-0. MAYOR CITY CLFRKI