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HomeMy WebLinkAboutMinutes of Adj. Mtg. 05-04-87MINUTES OF Adt ADJOURNED REGULAR I~[ETING OF 1}lE CITY COUNCIL OF llJE CITY OF TUSTIN, CALIFORNIA APRIL 15, 1987 II. lllI. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 5'00 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 Mayor Edgar. ROLL CALL Councilpersons Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Royleen White, Dir. of Com. & Admin. Srvcs. Susan Jones, Recreation Superintendent Janet Hester, Administrative Secretary Approximately 40 in the Audience APPOINTMENT OF I~[MBER OF CITY COUNCIL Letters were submitted for appointment to fill the vacancy caused by Donald J. Saltarelli's resignation as follows- John Norman Butler, 17431 Parker Drive Eileen Dow, 1391 Penrith Lane James E. Hayes, 13291 Nixon Cir'cle Bill H. Harness, 14822 Devonshire Joseph B. Langley, 14782 Hill sboro Place James H. May, 14642 Pepper Tree Circle James A. Niemiec, 1841 Stonehenge Drive Earl J. Prescott, 215 S. Prospect Avenue, #C Charles E. Puckett, 2301 Caper Tree Drive Ronald H. White, 14431 Raintree Road Nominations were opened by Mayor Edgar. Earl J. Prescott was nominated by Mayor Edgar. Charles E. Puckett was nominated by Councilman Hoesterey. There were no other nominations. Mayor Edgar closed the nominations. As directed by the Mayor, each Councilmember submitted a written vote to the City Clerk. The votes were read publicly by the City Clerk as fo l 1 ows: Councilman Hoesterey - Charles E. Puckett Councilman Kelly - Earl J. Prescott Mayor Pro Tem Kennedy - Earl J. Prescott Mayor Edgar - Earl J. Prescott Earl J. Prescott was appointed as Member of the City Council by a 3-1 vote of the City Council. Mayor Edgar requested that a letter of appreciation be sent to each candidate. Mayor Pro Tem Kennedy acknowledged that Council debated over many highly-qualified candidates. Mr. Prescott thanked the Council for the appointment and for placing great responsibility and trust in him. It was noted that Mr. Prescott will be administered the Oath of Office at the April 20, 1987, meeting. CITY COUNCIL MINUTES Page 2, 4-15-87 IV. Ve VI. SENIOR CENTER FUND RAISING CAMPAIGN As directed by Council, staff has worked with Gary W. Phillips and Associates for a proposal to proceed with the fund-raising campaign. Councilman Hoesterey reported that Council received a report from the consultants on fund-raising efforts for the Senior Center. The consul- tant has recommended a specific structure for the Campaign Committee. It was the Committee's concern that this project not be delayed and that the time frame set for fund-raising be reduced to complete it as expeditiously as possible. With that, negotiations were entered into on the cost range of putting on this type of campaign. With the $700,000-$1,000,000 that would include endowment funds that have to be raised, it is felt we should be able to do the campaign in the neigh- borhood of $70,000-$80,000. In checking with other entities that have gone through this type of campaign, it is a reasonable amount of money. It was moved by Hoesterey, seconded by Kennedy, to authorize the expenditure of funds, With details of the items that were negotiated reworked into the package and available for Council at a later date. Mayor Edgar stated his understanding that the motion is made with the identification of an approximate sum of money to be expended. However, Council will probably have to ratify same in a forthcoming meeting in terms of the details. He commented he would like to work out those details and get the campaign going at the same time. The motion carried 4-0. 41 OTHER BUSINESS None. ADJOURNMENT At 5'15 p.m., it was moved by Hoesterey, seconded by Ed~lar, to adjourn to the next regular meeting on April 20, 1987, at 7-00 p.m. Motion carried 4-0. MAYOR CITY CLERK MINUTES OF A REGULAJ~ IW[ETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APRIL 20, 1987 Ie II. III. IV. V~ CALL TO ORDER/PLEDGE OF AJ_LEGIANCE/INVOCATION The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly, and the Invocation was given by Mayor Pro Tern Kennedy. ROLL CALL Councilpersons Present: Ri chard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem Ronald B. Hoesterey John Kelly Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Com. Dev. Director Charles R. Thayer, Chief of Police Robert S. Ledendecker, Dir. of Public Works Royleen White, Dir. of Com. & Admin. Srvcs. Susan Jones, Recreation Superintendent Laura Pickup, Associate Planner Janet Hester, Administrative Secretary Approximately 80 in the Audience OATH OF OFFICE - EARL J. PRESCOTT, ME)~)ER OF llJE CITY COUNCIL APPOINTED TO FILL THE UNEXPIRED llERM OF DONALD J. SALTARELLI The City Clerk administered the Oath of Office to Earl J. Prescott, newly-appointed Member of the City Council. Councilman Prescott delivered an articulate speech stressing the impor- tance of the role he has assumed and the pride with which he will ful- fill that role as a native son of Tustin. He thanked the Council for placing their trust in him to carry on as Donald J. Saltarelli's suc- cessor. Mayor Edgar recognized former-Mayor Saltarelli who was present in the audience. The Mayor expressed a personal welcome to Councilman Prescott. 38 PROCLAMATION 1. LAW DAY U.S.A. - MAY 1, 1987 Mayor Edgar presented Mayor Pro Tern Kennedy with a proclamation designating Friday, May 1, 1987, as "Law Day U.S.A." Mayor Pro Tem Kennedy thanked Mayor Edgar. 84 PUBLIC HEA,R I NG 1o ZONING ORDINANCE AJ~ENDMENT ltl3. 87-1 - REGULATIONS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES LICENSES AND CONVENIENCE MARKETS - ORDI- NANCE NO. 981 The proposed amendment would establish distance requirements for off-site alcoholic beverage sales establishments and require a Con- ditional Use Permit for convenience markets. The Associate Planner presented the staff report and recol~nendation as contained in the inter-com dated April 20, 1987, prepared by the Community Development Department. She responded to Council ques- tions. The public hearing was opened by Mayor Edgar at 7'14 p.m. CITY COUNCIL MINUTES P. age 2, 4-20-87 Ethel Reynolds, 10841 Thorley Road, co-founder of Parents Who Care, spoke in favor of the proposed zoning ordinance amendment. She thanked the Community Development Department, the City Attorney's office, members of the Planning Commission, and the City Council for their diligent work on subject amendment. Frank P. Greinke, 1011 E1 Camino Real, spoke on behalf of the Tustin Chamber of Commerce. He stated that possibly the problem is not how alcohol is sold, how much is available, or existing rules, but possibly enforcement of the rules. Existing establish- ments are there because of economic demand which is regulated by the consumer. The zoning distances which would be establish by the proposed ordinance would affect the value of existing licenses and establ i shment s. Mr. Greinke suggested the City consider analyzing the enforcement problem and develop a community program of education against abuse as an alternative to legislating. He asked that free enterprise and the free market be allowed to work and that the Chamber be allowed to assist in educating people on abuses of alcohol as a solution to the problem. Jack F. Miller, 17352 Parker Drive, spoke for Parents Who Care in favor of the proposed zoning ordinance amendment. Mr. Miller rebutted Mr. Greinke's comments with statewide statistics on how alcohol substance abuse affects our society. He closed by stating that the community's only chance is to be heard by the City Coun- cil, not by the Legislature. The community depends on the City Council to protect the health, safety and welfare of its youth and all citizens. Lucy A. Street, 1545 Wyndham Court, co-founder of Parents Who Care, spoke in favor of the proposed zoning ordinance amendment. She stated it is an opportunity for the community to articulate its feelings about the values, goals, and ideals it would like to pass on to its youth. There were no other speakers on the matter. The public hearing was closed at 7' 33 p.m. It was moved b~v Kenned~v, seconded by Kelly, that Ordinance No 981 have first reading by title' Only. Carried 5-0. Following ~irst reading by title only of Ordinance No. 981 by the City Clerk, it was moved by Kennedy, seconded by Kelly, that Ordinance No. 981 be introduced as follows' ORDI~ANC£ ~0. 981 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 87-1 THEREBY AMENDING SECTIONS 9232 b., 9233 c., 9234 c., 9235 c., 9242 b. AND 9297 OF TIlE TUSTIN MUNICIPAL CODE, TO REQUIRE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONVENIENCE STORES AND ESTABLISHING DISTANCE STANDARDS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISH- MENTS Councilman Prescott stated he had concerns similar to those of Mr. Greinke's because he thought it would affect the transfer of exist- ing licensees. After studying the matter, however, his concerns were mitigated. The amendment will establish three separate dis- tance requirements for newly-constructed alcoholic beverage sales establishments as follows: 1) 100 ft. from residential property; 2) 300 ft. from another existing off-site sales establishment; and 3) 600 ft. from any church, public or private school, playground or hospital. Councilman Hoesterey stated that a matter for discussion is the difference between the Planning Commission resolutions and Ordi- nance No. 981. Relative to the Planning Commission resolutions, he thought the Chamber may want to work with Parents Who Care to bring forth greater consistency in review of Conditional Use Permits. Relative to Ordinance No. 981, he did not have any difficulty at this time in approving same. CITY COUNCIL MINUTES Page 3, 4-20-87 Mayor Pro Tem Kennedy expressed support of the ordinance. The Com- munity Development Director responded that there is no actual appeal process of resolutions adopted by the Planning Commission. Council does have the prerogative at any time to refer a matter back to the Commission for additional study and ask them to address issues of Council concern. Without that direction, however, the policy guidelines would be used by the Planning Commission as a very broad framework to review future Conditional Use Permit appli- cations. She reemphasized that these items were not codified as part of a proposed ordinance because they are flexible, and each case needs review on an individual case-by-case basis so that impacts and characteristics of each particular use can be evaluated appropriately. In response to Mayor Pro Tem Kennedy, the Community Development Director confirmed that at this time review will be by guidelines adopted through meetings between Parents Who Care and Planning staff. The Chamber of Commerce will not be involved in review of each Conditional Use Permit. Councilman Hoesterey clarified his point that the Planning Commis- sion resolutions are guidelines for initial screening of all CUP's. Some people have concerns with those guidelines. He thought the Chamber and Parents Who Care could get together in the future and work those out because everyone's aim is for greater education of the public. Council could then review any outstanding differences. If everyone is agreeable, it can then go back to the Planning Commission. Council action this evening is strictly lim- ited to the ordinance which establishes distance guidelines. Mayor Edgar offered his interpretation of the matter. He stated that a set of guidelines has been established to identify levels of consistency to work towards. Those guidelines will serve the Plan- ning Commission in their consideration of any new alcohol estab- lishment application. During dialog with Parents Who Care, it became apparent to Planning staff that distance elements deserved codification. The ordinance does nothing but set those (distance) numbers in place. The guidelines have been established/accepted, yet they can still be modified. Further discussion followed. Councilman Kelly voiced support of the ordinance. The Community Development Director indicated that staff strongly supports the guidelines that have been established. Staff .would encourage a meeting between Parents Who Care and the Chamber to identify any outstanding issues, and bring any matter back to Council that cannot be worked out. The motion carried 5-0. 81 VI. PUBLIC INPUT 1. DOWNTOWN PARKING STRUCTURE Richard Vining, 400 W. Main Street, questioned the status of the parking structure. The City Attorney provided a status report on its reconstruction. The Community Development Director added that the site has been completely fenced and is secured at this point. The City Attorney responded to Mr. Vi ning that there is no approxi- mate completion date. Reconstruction costs may be approaching $500,000, of which he does not expect the City to be responsible for any part. 60 AGE NDA ORDER X. OLD BUSI NESS Greg Kelly, 330 E1 Camino Real, requested Council consider Old Business Item No. 2 (El Camino Real Championship Chili Cook-Off) at this time so that representatives of Parents Who Care could participate in dis- cussion of the matter since it involves alcoholic beverages. Council concurred with Mayor Edgar to consider Old Business Items No. 1 and No. 2 in conjunction at this point in the agenda. CITY COUNCIL MINUTES Page 4, 4-20-87 1. CITY'S 60TH BIRTHDAY & 2. EL CAI~IItO REAL CH/~MPIOIqSHIP CHILI COOK-OFF - SEPTEMBER 27, 1987 Margaret Greinke, Committee Chairperson, presented a preliminary budget on April 6, 1987. A request has been made for $15,000. Approximately $8,000-10,000 will be returned through memorabilia sales and a Birthday spaghetti dinner. On April 6, 1987, Council approved the concept of combining the Chili Cook-Off and Birthday Celebration. The Tustin Chamber of Commerce has submitted a letter of support for subject event. Mayor Edgar stated that concerns have been raised that the number of events planned over a short span may diminish community inter- est. Namely, the City's 60th Birthday and Chili Cook-Off will be held on Sunday, September 27; The Miss Tustin Pageant has been rescheduled for Saturday, September 26; and two weeks later, Tustin Tiller Days will be held on October 9, 10 and 11. He felt these issues warrant Council discussion so that a decision can be made collectively in the best interests of the community. Margaret Greinke, Birthday Committee Chairperson, felt that the events will provide maximum recognition of the City's 60th Birth- day. Mrs. Greinke responded to Council questions regarding volun- teers, location of the event, and a time schedule for the day's events. Additionally, she provided information on other items on which she has received commitment: The Department of Agriculture Forestry Service, with regional headquarters in Riverside, has agreed to donate 1,000 tree seedling kits, and the Tustin Area Women's Club will provide a clown troupe for entertainment during the Cook-Off and Birthday Party. Tentative plans include a quilting contest, a Sweet Adelines sing- ing group, a home beautification contest, and qualifying Tustin for a "Tree City USA" designation from the Forest Service. Only two Orange County cities, 16 Statewide, presently carry that designa- tion. The Recreation Superintendent provided a report on the Chili Cook- Off and responded to Council questions. Councilman Kelly presented a petition signed by 18 downtown resi- dents opposed to the location of the Chili Cook-Off in their area. He felt it vital to have input from Parents Who Care on the on-site consumption of alcoholic beverages. He reiterated his request that the Cook-Off location be moved to the East Tustin area adjacent to the Auto Center, in cooperation with The Irvine Company. He noted that Ordinance No. 510 stated that nothing in that immediate area shall be sold in the public right-of-way. Ethel Reynolds, Parents Who Care, responded that they are not opposed to the sale of beer at the Chili Cook-Off. She did express concern that oftentimes advertising by Coors overpowers City ban- ners for the event. Following further Council discussion, it was moved by Hoestere~,, seconded by Kelly, to authorize $15,000.00 appropriation for City's Birthday Celebration. The motion carried 5-0. It was moved b~, Hoestere~,, seconded by Kennedy,, that the City Coun- cil: 1) Appropriate $2,000 from the General Fund as seed money for the 1987 E1 Camino Real Championship Chili Cook-Off ($2,300 was contributed to General Fund from the previous Cook-Off); and 2) Designate E1 Camino Real between Main Street and First Street as the location of the Chili Cook-Off. Councilman Kelly stated he could not support the motion. CITY COUNCIL MINUTES Page 5, 4-20-87 Mayor Pro Tem Kennedy stated that downtown area residents expressed concern to her about drinking, not because it had been witnessed, but because it might occur. Perhaps the problem could be solved if Council made a commitment to appropriate funds so that the Police Department could be present to keep the event family-oriented. The Chief of Police responded to Mayor Edgar that the matter would be taken care of. The Mayor's interpretation was that the Police Department will maintain full control via high visibility of Police Officers in the area, and removal of persons abusing alcohol. Mayor Pro Tem Kennedy reminded Councilman Kelly that the event was instigated three years ago to bring attention to the $3 million refurbishment of the downtown area. Councilman Kelly reiterated that he could not support the motion unless the event was moved to a different location. Helen Edgar stated that if sale/consumption of beer is confined to a roped-off area as is done at Tiller Days, drinking should not be a problem at the Chili Cook-Off. Margaret Greinke added that combining the two events will result in cost savings to the City since there will be no duplication of City personnel time. Lyn VanDyken, 230 South "A" Street, expressed concern that ade- quate outdoor restroom facilities be provided for public use. The motion carried 4-1, Kelly opposed. 34 VI I. CONSENT CALENDAR Item No. 4 was removed from the Consent Calendar by Edgar. It was moved by Kennedy., seconded by Kelly, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - APRIL 6, 1987, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,965,396.66 RATIFICATION OF PAYROLL IN THE AMOUNT OF $157,510.95 50 3. REJECTION OF CLAIM NO. 87-10; CLAIMANT: FIFE, ET. AL.; DATE OF LOSS: 11/24/86; DATE FILED WITH CITY: 3/2/87 Rejected Claim No. 87-10 as recommended by the City Attorney. 4O 5. RESOLUTION NO. 87-45 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 87-1 (Santa Fe Land Improvement Company, Easterly Side of Del Amo Avenue and northerly of Valencia Avenue) Adopted Resolution No. 87-45 as recommended by the Public Works Department/Engineering Division. 86 6. RESOLUTION NO. 87-46 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION FOR EL MODENA-IRVINE FO7 CHANNEL IMPROVEMENTS - ASSESSMENT DISTRICT 85-1 (PHASE V-A AND V-B) Adopted Resolution No. 87-46; and assuming no claims/stop pay- ment notices are filed, 30 days after recordation of Notice of Completion, authorized payment of final 10% retention amount ($856,691.47 - K.E.C. Company, Inc.) as recommended by the Public Works Department/Engineering Division. 25 7. RESOLUTION NO. 87-47 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN REPLACEMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS (ARROYO AVENUE, OAK LANE, ALLEMAN PLACE, STRATTON WAY AND BEVERLY GLEN) Adopted Resolution No. 87-47 as recommended by the Public Works Department/Engineering Division. 107 SITY COUNCIL MINUTES ?age 6, 4-20-87 8. RESOLUTION NO. 87-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ENDORSING THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA'S PROPOSAL, "FREEWAY DEVELOPMENT TO THE YEAR 2000" Adopted Resolution No. 87-48 as recommended by the Public Works Department/Engineering Division. 54 Consent Calendar Item No. 4 -Slurry Seal Project- It was moved Edgar, seconded by Kennedy, to approve the following- 4. RESOLUTION NO. 87-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR SLURRY SEAL PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 87-44 as recommended by the Public Works Department/Engineering Division. The Mayor questioned when a control/analysis timetable for slurry seal will be computerized. The Director of Public Works responded that the software for subject project is a line item in the FY 1987-88 budget. Once approved, the program should be well underway by Septefnber/ October. The motion carried 5-0. 95 VIII. ORDINANCE FOR INTRODUCTION 1. AMENDMENT TO CITY CODE SECTION 5331n, PARKING BY PERMIT ONLY - ORDINANCE ND. 985 A request by residents of Heatherfield Drive and Sandwood Place between Mitchell Avenue and Cloverbrook Drive due to overcrowding of streets from adjacent apartment areas. It was moved bi/ Kelley, seconded by Prescott, that Ordinance No. 985 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 985 by the City Clerk, it was moved by Hoesterey, seconded by Kelly, that Ordinance No. 985 be introduced as follows: ORDINANCE NO. 985 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331 TO PRO- VIDE FOR A "PARKING BY PERMIT ONLY" SYSTEM The motion carried 5-0. 75 ORDINANCE FOR ADOPTION 1, PROPOSED MORATORIUM - OLD TOWN RESIDENTIAL AREA - URGENCY ORDINANCE NO. 984 The interim urgency ordinance would impose a moratorium until com- pletion of a planning process to analyze the residential area of Old Town for possible zoning changes. The Community Development Director presented the staff report and recommendation as contained in the inter-corn dated April 20, 1987, prepared by the Community Development Department. It was moved by Hoesterey, seconded by Kennedy, that Ordinance No. 984 have first reading by title only. The motion carried 5-0. Following first reading by title only of Ordinance No. 984 by the City Clerk, it was moved by Kennedy, seconded by Kelly, that Ordi- nance No. 984 be introduced as follows- ORDINANCE NO. 984 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING A MORATORIUM ON THE PRO- CESSING, APPROVAL OR ISSUANCE OF PERMITS FOR SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN THE RESI- DENTIAL AREA OF OLD TOWN TUSTIN CITY COUNCIL MINUTES Page 7, 4-20-87 The Community Development Di rector responded to Councilman Hoesterey that at the end of the 45-day effective period, staff anticipates an extension of the moratorium for an additional period of time (two additional extensions are permitted by law up to a maximum of 24 months). In response to Mayor Pro Tern Kennedy, the Director stated that staff received a preliminary submittal/application for a proposed subdivision on property currently in escrow, formerly owned by Mark Ainslie. Staff has deemed the project incomplete, and there are four or five pages of corrections yet to be taken care of. Mark Ainslie, owner of 405, 415 and 425 West Sixth Street, provided historical background on his property, stating he has been working with staff for the past two years in an effort to obtain approval. He encouraged the buyer to proceed as he was directed by Council on October 6, 1986, when his eight-home project was denied and he was encouraged to redesign it as a six-home project. Mr. Ainslie stated that the plans were formally submitted on March 10. The project is a tentative tract map under existing zon- ing, nothing more. If the project cannot proceed, the property sale will default. He stated that he was informed the project was being delayed because of a heavy workload. Project comments came back from staff the same day they received notification of the request for the moratorium. Mr. Ainslie expressed deep frustration on the matter. He requested that Council exclude from the moratorium those projects which have already been formally submitted. He stated that subject project will improve the area. At the Mayor' s request, the Con~nuni ty Development Di rector responded to Mr. Ainslie's comments. She stated that a submittal was received on March 11. It was considered a preliminary sub- mittal as it was the first tract map and site plan design review received on the project. Staff comments were completed and typed on April 16, five days past the 30-day review period. She informed the project engineer that the delay related to staff shortage and a heavy workload. She stated that many items are not merely corrections, but poten- tial conditions of approval. She emphasized that no promises were made on October 6 that the proposal would be approved if submitted for six homes.. Further, the moratorium being considered this evening would not preclude Mr. Ainslie from proceeding with development of two units on each lot, if those lots were maintained in their current configuration. However, the resubdi vi si on would create'a private street system and things of a nature requiring further review. She felt that staff has treated the applicant fairly and not in a manner tied to the moratorium proposal. Staff concerns about pre- serving the integrity of the planning process with the old town residential area are such that this is one step towards mutual agreement on appropriate zoning gui delines established in that area. Mr. Ainslie rebutted that his right to subdivide is being denied, severely damaging his property value, and jeopardizing the escrow on same. The buyer has expended $10,000 on plan preparation to date. Dan Flair, Paddock & Flair Architects, stated he has been working with Mr. Ainslie on this project for a couple of years. He stated that a preliminary presentation was made in a meeting with staff on February 17. They received comments at that time which were resolved in the March 10 submittal. They met with staff a second time when all items requested and comments made by staff were submitted and incorporated. Mr. Flair responded to Council questions. C I TY COUNC I L MI NUTES Page 8, 4-20-87 The Community Development Director clarified preliminary submittal as defined in the Subdivision Ordinance..She stated that prelimi- nary meetings were held with the developer~ but the information was insufficient for the review process to proceed until the March 11 submittal. The Director stressed the importance of being in a process where staff is beginning to define what the issues and problems are in the area. From a s_o.lid planning standpoint, she felt it, would be best to define what the issues are and what might be the recom- mended direction before specific individual action on a project of this nature occurs, which may be inconsistent with where the City is going. John Sauers, 515 South Pacific Street, asked Mr. Ainslie how he could afford construction of six homes on three lots, when nine months earlier he had indicated it was not financially feasible. Mr. Ainslie responded that he did not feel the unit sales price for six homes vs. eight homes was warranted. He made a business deci- sion not to proceed, and sold the property on that basis. Richard Vining, 400 West Main Street, felt that the moratorium will expose the developer to some hardship. However, he felt it is of paramount importance that every landowner be given the. same process to develop. He stated he would rather see creation of flag lots or something that would benefit and blend with the unique quality of the neighborhood. He felt it is an unfair situation for Mr. Ainslie, but the paramount decision is equal development of the entire area. Lyn VanDyken, 235 South "A', Street, stated that any land speculator takes a risk. She felt the old town area should be maintained. Mr. Ainslie stated that the area is being developed under R-1 stan- dards set for the entire City. He is not asking for any special consideration. The proposal is far in excess of what's been granted in East Tustin. Single-lot subidivions, as suggested by Mr. Vining, would ..~Ot be permitted under the moratorium.. The proj- ect will be stopped dead in its tracks. Mayor Edgar stated that there are inequities visible, but he feels very constrained to preserve the old Tustin area. Although it is unfortunate that there will be a delay, he thought the long-term benefits to the City will be real. Mayor Pro Tem Kennedy concurred that there have bee~. some injus- tices to Mr. Ainslie. She faulted both the Community Development Department because of changes in personnel, and Mr. Flair for not knowing he had submitted a formal proposal. These injustices, how- ever, are outweighed by the downtown area. Should Mr. Ainslie and his new buyers choose to continue, she felt Council will have to monitor the project in light of what's transpired this evening. Councilman Hoesterey stated he hopes the process will proceed quickly as with the ~First Street Specific~Plan so that people are not caught in the middle. He encouraged the Communty Development Director to acquire a copy of the City of Orange's handbook which deals with development in their downtown anea. He felt it is para- mount and incumbent upon the City and TRUST (Tustin Residents United to Save Tustin) to complete the princess and come up with a good product as quickly as possible. The motion carried 4-1, Prescott opposed. ,-~a 81 'i It was moved by Hoesterey, seconded by Kennedy, that: Ordinance No. 984 have second reading by title only. 'Carried 5-0. Following second reading by title only of Ordinance No. 984 by the City Clerk, it was moved by Kennedy, seconded by Hoeste~ey, that Ordi- nance No. 984 be passed and adopted as follows: CITY COUNCIL MINUTES Page 9, 4-20-87 ORDINANCE NO. 984 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING A MORATORIUM ON THE PRO- CESSING, APPROVAL OR ISSUANCE OF PERMITS FOR SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN THE RESI- DENTIAL AREA OF OLD TOWN TUSTIN Roll Call Vote: AYES: Edgar, Hoesterey, Kelly, Kennedy NOES: Prescott ABSENT: None 81 2. PROPOSED MORJkTORIUM ON EASTERLY SIDE OF NEWPORT AVE. BETWEEN SAN JUAN AND MAIN STREETS AND ON ll4E WESTERLY SIDE OF NEWPORT AVE. BETWEEN I-5 FREEWAY AND MITCHELL AVE. - URGENCY ORDINANCE NO. 983 Staff's position is that limited access/traffic issues along New- port Ave. necessitate properties in each study area be developed as comprehensive, cohesive projects. The interim urgency ordinance would impose a moratorium on processing/approval/issuance of build- ing permits or discretionary actions until zone change enactment. The Community Development Director presented the staff report and recommendation as contained in the inter-com dated April 20, 1987, prepared by the Community Development Department. It was moved b~v Hoesterey, seconded by Kennedy,, that Ordinance No. 983 have first reading by ~itle o~iy. 'Motion carried 5-0. Follow- ing first reading by title only of Ordinance No. 983 by the City Clerk, it was moved bo/ Hoesterey, seconded by Kennedy, that Ordi- nance No. 983 be introduced as follows' ORDINANCE NO. 983 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, DECLARING A MORATORIUM ON PROCESSING, ISSUANCE OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON THE WEST SIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE The motion carried 5-0. It was then moved by Hoesterey, seconded by Kelly, that Ordinance No. 983 have second reading by title only. Carried 5-0. Following second, reading by title only of Ordinance No. 983 by the City Clerk, it was moved by Kennedy, seconded by Hoesterej/, that Ordi- nance No. 983 be passed and adopted as follows: ORDINANCE NO. 983 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN; CALIFORNIA, DECLARING A MORATORIUM ON PROCESSING, ISSUANCE OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON THE WEST SIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE Roll Call Vote: AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott NOES: None ABSENT: None 81 AGENDA ORDER OLD BUSI NESS 3. EAST TUSTIN POLICY COMMITTEE RECOMMENDATIONS On March 16, 1987, Council continued subject item to permit The Irvine Company to meet with the East Tustin Policy Committee to respond to requests for clarification. It was moved by Edgar, seconded by Kennedy, that the City Council concur Withthe Policy Committee Recommendations as contained in Attachment "A" of subject staff report dated April 20, 1987, pre- pared by the Community Development Department. Motion carried 5-0. 81 CITY COUNCIL MINUTES Page 10, 4-20-87 XI. NEW BUSINESS 1. BILLBOARD LITIGATION - REQUEST FOR SUPPORT FROM CITY OF ORANGE Letter dated March 30, 1987, from Orange Mayor Jess Perez request- ing political, legal and moral support in their involvement in litigation with the National Advertising Company concerning bill- boards. It was moved bi/ Kennedy, seconded .by. Prescott, to meet with City of Orange representatives to discuss how Tustin can assist them either with financial support or a "friend of the court" brief. The Mayor responded to Councilman Kelly that Council approval con- tains two elements: 1) In the interest of the two beautiful cities, Tustin agrees to support legislation as a "friend of the court," via appropriate letters of support to the City of Orange; and 2) There is also the opportunity to share in the cost of liti- gation which says Tustin believes that local cities have the authority and right to monitor and limit billboards in their com- muni ty. Councilman Kelly expressed vehement opposition to providing any financial assistance to Orange. He stated that they did not assist Tustin in its battle against the Bullet Train several years ago. Regarding the right to advertise, Councilman Kelly felt that the free enterprise syst~n is what made this country great, not small city governments banding together and spending taxpayers money on gigantic cases such as this. Councilman Hoesterey stated that Tustin has already spent a great deal of money developing sign ordinances, enforcing them, and removing billboards from the City to give Tustin the aesthetic look it has today in coordination with many businesses and the Chamber of Commerce. If Orange is unsuccessful in its litigation, Tustin will probably be next on the list, expending far more money defending its indi- vidual rights than contributing a small amount to Orange to show its support. He stated that billboards do not have a proper place on arterial highways within the City. He added that Tustin did receive money, perhaps not from Orange, but from many other com- munities during the Bullet Train situation which signified ground l evel/.grass roots support. A substitute motion was made by Hoesterey, seconded by Ed~)ar, to authorize sending $1,000 to the City of Orange, and to prepare a "friend of the court" brief in support of their litigation. Councilman Kelly reiterated his opposition. Councilman Hoesterey stated that he could support billboards if they were confined to the same size as campaign political signs. The original motion was withdrawn by the maker and the second. The motion carried 4-1, Kelly opposed. 63 XII. REPORTS 1. PLANNING CO~MISSION ACTIONS - APRIL 13, 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. It was moved by Hoesterey, seconded by Kelly, to ratify the entire Planning Commission Action Agenda of April 13, 1987. Regarding New Business Item No. 5, Revised Master Sign Program for Tustin Plaza Shopping Center, Mayor Pro Tem Kennedy wondered why Carver Development has a Master Sign Program for Tustin Plaza since it now contains more variances than conditions. CITY COUNCIL MINUTES Page 11, 4-20-87 Mayor Pro Tern Kennedy expressed delight with results of the busi- ness community survey conducted by the Sign Code Revision Com- mittee. The majority of merchants responded in favor of most of the sign code, however, they were not in favor of temporary banner sign regulations. She hoped that the Planning Commission will look at that aspect of the sign code. She expressed support of sign restrictions which have helped make Tustin a beautiful city. The motion carried 5-0. 80 2. UPDATE OF JOHN WAYNE AIRPORT VOR Councilman Hoesterey requested subject report on April 6, 1987. Following consideration of the inter-com dated April 20, 1987, pre- pared by the Community Development Department, it was moved by Hoesterey, seconded by Ed~)ar, to receive and file subject report. Carried 5-0. 101 3. JAMBOREE ROAD (FORMERLY MYFORD ROAD) STATUS REPORT Subject report was requested by Council on April 6, 1987. It was moved b~, Ed~lar, seconded by Kenned,v, to receive and file the inter-com dated April 15, 1987, prepared by the Public Works Department/Engineering Division. The Director of Public Works responded to Mayor Edgar that the total construction time for segment I, which is between Barranca Road and Edinger Street, will be approximately 15 months. The Mayor requested staff, again provide a status report in three months, to include the Jamboree Road/I-5 Interchange project (Cal- Trans project), so that Council will be able to monitor progress. The City Manager noted that the project is contingent upon funding availability. The Mayor expressed great confidence in staff's ability to obtain funding. The motion carried 5-0. 95 XIII. OTHER BUSINESS 1. KNI(~ITS OF PYTHIAS Mayor Pro Tem Kennedy reminded Council that the Knights of Pythias have extended an invitation to their poster contest to be held next Saturday night. 2. FLOWERING TREES ALONG EL CANINO REAL The Mayor was pleased to note that the trees along E1 Camino Real in the downtown area have finally bloomed. 3. REQUEST FOR CROSSWALK ON BRYAN AVENUE Mayor Edgar requested that staff investigate installation of a crosswalk on Bryan Avenue at Charloma or Cindy Lane for residents of the Tustin Royale retirement home to provide safer access to the bus stop. 46 4. RESTRICTED PARKING ON SOUTH "B" STREET In response to Mayor Edgar, the Director of Public Works stated that the parking restriction signs were temporarily removed on "B" Street south of Main to provide additional on-street parking during rehabilitation of the parking structure. Upon completion, the parking restriction will be reinforced. 75 5. REQUEST FOR OFFICIAL ADJOURNMENT - WALTER T. FLAHERTY, M.D. Councilman Kelly requested that Council adjourn in memory of Walter T. Flaherty, M.D., a Tustin area resident for 28 years who was active in the Downtown Merchants Association. 84 CITY COUNCIL MINUTES Page 12, 4-20-87 XlV. RECESS - REI)EVELOPI~NT - OFFICIAL ADJOURNNENT iN I~MORY OF Wi~,LTER T. FLAHERTY, H.D. At 9:31 p.m., the meeting was recessed to a meeting of the Redevelop- ment Agency; and thence officially adjourned in memory of Walter T. Flaherty, M.D., to the next Regular Meeting on May 4, 1987, at 7:00 p.m. by unanimous informal consent. MAYOR CITY CLERK