HomeMy WebLinkAboutC C Minutes 08-03-87 '-'/ /' MXNUTES OF A REGULAR ~IEETING
OF THE CITY COUNCIL OF THE
(.',/ CITY OF lldSTIN, CALIFORNIA
· AUGUST 3, 1987
I. ~RLL TI) ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Edgar at 7:01 p.m. in the City
Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led
by Mayor Pro Tem Kennedy, and the Invocation was given by Mayor Edgar.
ROLL C~.L
Councilpersons Present: Richard B. Edgar, Mayor
Ursula E. Kennedy, Mayor Pro Tem
Ronald B. Hoesterey
John Kelly
Earl J. Prescott
Councilpersons Absent: None
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Christine Shingleton, Com. Dev. Director
Charles R. Thayer, Chief of Police
Robert Ledendecker, Dir. of Public Works
'~! Ronald A. Nault, Finance Director
Royleen White, Com. & Admin. SrvcS. Director
Susan Jones, Recreation Superintendent
Approximately 50 in the Audience
III. PROCLAJNATION
% ,1. VOLUNTEER FIREFIGHTER RECOGNITION ~Y - AUGUST 15, lg87
Mayor Edgar presented a proclamation designating Saturday,
August 15, 1987, as "Volunteer Firefight~- Recognition Day" to
Chief Bernie O'Neill and John Garner. Chief O'Neill expressed his
· .: ,''' thanks to the Council... 8~
IV.- "PUBLIC HEARING
1o ZONE OIANGE 87-1 - OROItLRNCE NO. g89; ZONE C]4ANGE 87-2 - OROIILRNCE
NO. 9gO; A~ID GENERAL Pt~RN AJ41ENOMEIf~ 87-1 - RESOLUTION NO. 87-87
The Planning Commission recommends approval of the proposed project
to encourage comprehensive developm&nt of properties in the study
areas with special emphasis placed on access, visibility, land use
and traffic impacts.
The staff report and recommendation were presented by the Community
Development Director as contained in the inter-can dated August 3,
1987, prepared by the Community Development Department. The Direc-
tor responded to Council questions.
, The public hearing was opened at 7:09 p.m. There were no speakers
on the matter, and the public hearing was closed.
It was moved by Hoesterey, seconded by Kelly, to adopt the follow-
ing:
RESOLLfTION NO. 87-87 - A ~ESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 87-1 AMEND-
ING THE LAND USE ELEMENT OF THE GENERAL PLAN FOR PROPERTIES GENER-
ALLY LOCATED ON THE EAST SIDE OF "B" STREET SOUTH OF THE I-5 FREE-
WAY FROM (MF) MULTI-FAMILY AND {C} COMMERCIAL TO (PC-C) PLANNED
COMMUNITY COMMERCIAL
The motion carried 5-0. 56
It was moved by Hoesterey, seconded by Prescott, that Ordinance
NO. 989 have first reading by title only. Carried 5-0. 110
Page 2, 8-3-87
Following first reading by title only of Ordinance No. 989 by the
City Clerk, it was moved by Hoesterey, seconded by Kennedy, that
Ordinance NoJ 989 be introduced as follows:
OROII~NCE NO. 989 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING ZONE CHANGE 87-1 TO REZONE PROPERTIES GENERALLY
LOCATED EAST OF NEWPORT AVENUE BETWEEN MAIN STREET AND SAN JUAN
FROM.(CG) COMMERCIAL GENERAL AND (CG-PUD) COMMERCIAL GENERAL-
PLANNED UNIT DEVELOPMENT TO (PC-C) PLANNED COMMUNITY COMMERCIAL
The motion carried 5-0. 110
It was moved by Noesterey, seconded by Edgar, that Ordinance No.
990 have first reading by title only. Carried 5-0. Following
first reading by title only of Ordinance No. 990 by the City Clerk,
it was moved by Kennedy, seconded by Hoesterey, that Ordinance No.
990 be introduced as follows:
OROII~m~NCE NO. 990 - AN ORDINANCE OF TltE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING ZONE CHANGE 87-2 TO REZONE PROPERTIES GENERALLY
LOCATED WEST OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL
AVENUE FROM MULTIPLE FAMILY RESIDENTIAL (R-3) AND RETAIL COMMERCIAL
(C-1) TO PLANNED COMMUNITY COMMERCIAL (PC-C)
The motion carried 5-0. 110
V. PUBLI~ INP~FT
1. ANNEXATION NO. 140
Joseph Herzig, 1751 Rainbow Drive, read a mailgram which had been
sent earlier to the Council. He requested that a list of all pro-
test signatures rejected by the City and the basis for rejection of
each be made available to him.
As recommended by the City Attorney, it was' moved by Edgar, sec-
onded by Kelly, to refer, the matter to the City Attorney's office
for review and report bac'~ prior to Council responding. The motion
carried 5-0. 24
2. GRAFFITI REMOVAL
Tony Pagano, 14641 Carfax #C, reported graffiti in the south end of
town being painted by members of "CRIPS" and "F Troop" gangs, and
expressed concern for the safety of area families.
The Chief of Police responded that the Police Department is working
to get the problem under control. He requested that the community
act as the "eyes and ears" of the Police Department by reporting
any such activity as quickly as possible.
3. CROSSWALK ON FIRST STREET AT "B' STREET
Gracie Rogers, 215 South Prospect, expressed concern about the
safety of the crosswalk on First Street at "B" Street across from
Peppertree Park. She reported that she and her two nephews were
nearly hit in the intersection.
Councilman Prescott noted that Redevelopment Agency lgBB-Bg Capital
Improvement Budget includes a traffic signal at subject inter-
section. He raised the question of possibly rescheduling same for
1987-88. 92
VI. CONSENT CALENDAR
Item No. 6 was removed from the Consent Calendar by Kennedy; Item 12 by
Kelly. It was moved by Kennedy, seconded by Edgar, to approve the
remainder of the Consent Calendar. The motion carried 5-0.
1. APPROVAL OF MINUTES - JULY 20, 1987, REGULAR ~ETING
2. APPROVAL OF DEMA/JDS IN THE ~qOUNT OF $995,008.40
RATIFICATION OF PAYROLL IN THE AMOUNT OF $160,251.38 50
CITY COUNCIL MINUTES
Paqe 3, 8-3-87
3. RESOLUTION NO. 87-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF REVENUE
REQUIRED FROM PROPERLY TAXES OF THE CITY OF TUSTIN AND FIXING THE
RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO
SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR
THE FISCAL YEAR 1987-88.
Adopted Resolution No. 87-85 setting forth the 1987-88 tax rate
for the 1973 Civic Center Bonds at .00401% as recommended by
the Finance Department. 97
4. RESOLIFrION NO. 87-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN APPROVING THE ISSUANCE OF $8,060,000 PRINCIPAL AMOUNT OF
TUSTIN COMMUNIIY REDEVELOPMENT AGENCY TOWN CENTER AREA REDEVELOP-
MENT PROJECT TAX ALLOCATION REFUNDING BONDS, SERIES 1987 BY THE
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
Adopted Resolution No. 87-86 approving issuance of subject
bonds as recommended by the Finance Department. 60
,5. DEFENSE OF CtJ&IM NO. 87-21 - SOUTBERN PACIFIC ll~ANSPORTATION CO.; &
DEFENSE OF C~-IH NO. 87-22 - OSCO DRUGS
Approve Minute Order authorizing the County Counsel of the
County of Orange to defend the City of Tustin in subject-refer-
enced actions pursuant to Revenue and Taxation Code Section
:"' ' 5149 as recommended by the City Attorney. 40
7. EXEMPTION FROM WILLIAJ~BON ACT PROVISIONS - NORTH/SOUTH ROAD
Direct staff to advise the. Director of Conservation of the
intention to construct the North/South Road on lands currently
within an agricultural preserve to comply with Section 51291 of
. the Government Code as recommended by the Community Development
Department. 95
8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TP. ACT
NO. 12345 (The Irvine Co. Phase I Residential Develop., E.
Tusttn) .'
Accept landscape/irrigation improvements within Lot No. 8,
Tract 12345 and authorize release of remaining portion of
following: Faithful Performance Bond No. 52410068 (25%) -
$170,050.00 and Labor and Materials Bond No. 52420068 {25%) -
$85,025.00 as recommended by the Public Works Deparment/Engi-
neering Division. gg
9- ACC£PTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR PARCEL
NAP NO. 86-201
Accept all public improvements constructed within the limits of
subject parcel map and authorize the release of following:
Faithful Performance Bond No. 114552-86 - $7,550.00; Labor and
Materials Bond No. 114553-86 - $3,775.00; and Monumentation
Bond No. 114553-86 - $1,000.00 as recommended by the Public
Works Department/Engineering Division. gg
10. ACCEPTANCE OF DEED FOR STREET & SIDEWALK PURPOSES AT 150 E. FIRST
STREET
Accept deed from Tustin War Memorial, Inc., for street and
sidewalk purposes at 150 E. First St.; and authorize recorda-
tion of same as recommended by the Public Works Department/
Enginering Division. 49
11. ACCEPTANCE OF DEED AT 151 YORBA STREET
Accept easement deed from Corniche Limited XI for street wid-
ening at 151 Yorba St.; and authorize recordation of same as
recommended by the Public Works Department/Engineering Divi-
sion. 49
13. RESOLUTION NO. 87-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING LOT LINE AOJUSTMENT NO. 87-2
(Santa Fe Land Improvement Co., East Side of Del AmD, South of
Edinger)
Adopt Res. olution No, 87-89 as recon~nended by the Public Works
Department/Engi neeri ng Di vi si on. 99
Page 4, 8-3-87
14. ASSESSMENT DISTRICT NO. 85-1 ~FFILITY AGREEMENTS WITH IRVINE PJkNCH
WATER DISTRICT
Approve agreements for construction of water, sanitary sewer
and reclaimed water facilities for A.D. 85-1 Project No. 1 (El
Camino Real & Tustin Ranch Rd.) and Project No. 2 (South half
of Bryan Ave.); and authorize the Mayor and City Clerk to exe-
cute same as recommended by the Public Works Department/Engi-
neering Division. 45
87-35; 87-36
15. APPROVAL OF CONSULTANT SERVICES FOR PREPARATION OF llJE PACIFIC
CENTER EAST SPECIFIC PLAN ~lO EIR
Authorize the City Manager to execute subject agreement for
preparation of the Pacific Center East Specific Plan and EIR
subject to receipt from Santa Fe Land Improvement Company of
$128,600 as recommended by the Community Development Depart-
merit. 45
87-37
Consent Calendar Item No. 6 - Retirement & Sale of Police Canine-
Mayor Pro Tem Kennedy noted Chat Axel is the first Tustin Police Dog to
be honorably retired. She felt it appropriate to honor Axel and his
handler Nth a proclamation. Council concurred.
It was moved by Kennedy, seconded by Edgar, to approve the following:
6. RETIREMENT & SALE OF POLICE CANINE AXEL
Approve retirement of Police Canine Axel from City service;
approve the agreement with Officer Kreyling for sale of Axel as
surplus for the sum of $1.00; and authorize the Mayor and City
Clerk to execute same as recommended by the Police Department.
After a question-and-answer period, the motion carried 5-0. 45
87-34
Consent Calendar Item No. 12 - S8 82! Bicycle/Pedestrian Funds-
Councilman Kelly deferred to a Mrs. Patton, resident of "C" Street.
Mrs. Patton was assured by .bhe Director of Public Works that the side-
walk project on Third and "C" Streets would not require removal of a
large eucalyptus tree at subject location.
It was moved by Kennedy) seconded by Hoesterey, to approve the follow-
lng:
12. RESOLUTION NO. 87-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ORANGE COUNTY, CALIFORNIA, APPROVING THE APPLICATION FOR
BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821
Adopt Resolution No. 87-88 approving application for $10,469
for subject funds as recommended by the Public Works Depaht-
merit/Engineering Division.
Motion carried 5-0. 81
VII. ORDINANCES FOR INll~ODUCTION
None.
VIII. ORDINANCES FOR AX)OPTION
1. tJ~RGE FAJ~ILY DAY CJ)J~E HOMES - ORDINANCE NO. 991
Proposed changes clarify noticing requirements and add regulations
regarding availability for adequate drop-off sites.
It was moved by Hoesterey, seconded by Kennedy, that Ordinance No.
991 have second readi~ by title only. Carried 5-0. Following
second reading by title only of Ordinance No. 991 by the City
Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordi-
nance No. 991 be passed and adopted as follows:
ORDI~UkNCE NO. 9~1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AMENDING SECTION 9223a6 OF THE TUSTIN MUNICIPAL CODE RELAT-
ING TO LARGE FAMILY DAY CARE HOMES
CiTY COUNCIL. MINUTES
Page 5, 8-3-87
Roll Call Vote:
AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott
NOES: None
ABSENT: None 81
· ~2. A/4ENOING CA4)LE T~LEVISION F~J~NCHISE - ORDINANCE NO. 992
Proposed transfer/amendment of Cable TV Franchise from CommuniCom
to American Cablesystems of California, Inc.
It was moved by Kennedy~ seconded by Edgar, that Ordinance No. 992
have second reading by title only. Carried 5-0. Following second
reading by title only of Ordinance No~'992 by the City Clerk, it
was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 992
be passed and adopted as follows:
OROXILRNCE NO. 992 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AI~NDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO
· .r AJ4ERICAN CABLESYSTE)~ OF CALIFORNIA, INC., A CALIFORNIA CORPORATION
Mayor Pro Tern Kennedy expressed delight with the services provided
~,h~.. , by the new cable company.
Roll Call Vote:
AYES: Edgar, Hoesterey, Kelly, Kennedy, Prescott
NOES: None
ABSENT: None 53
IX, OLD BUSINESS
1. PROSPECT-VANOENBERG ANNEXATION NO. 141 - RESOLUTION NO. 87-90 &
RESOLUTION NO. 87-91
Staff has reviewed protests and presented )acts relative to the
annexation. ..
The staff report and recommendation were presented by the City
Attorney as contained in his inter-com dated July 28, 1987.
It was moved by Kennedy, seconded by Hoesterey, to adopt the
following:
RESOLUTION NO. 87-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ORDERING PROSPECT-VANDENBERG ANNEXATION NO.
141 SUBJECT TO CONFIRMATION OF THE VOTERS, CALLING AND GIVING
NOTICE OF A SPECIAL ANNEXATION ELECTION FOR PROSPECT-VANDENBERG
ANNEXATION NO. 141 TO THE CITY OF TUSTIN TO BE HELD IN TERRITORY
PROPOSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987, AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO THE CALL AND CONDUCT OF SUCH SPECIAL ELECTION AND PRO-
VIDING FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS
The motion carried 5-0. 40
It was moved by Kennedy, seconded ...by Hoesterey, to adopt the
following:
RESOLUTION NO. 87-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REQUESTING.THE BOARD OF SUPERVISORS OF THE
COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT A
SPECIAL ANNEXATION ELECTION FOR TERRITORY KNOWN AS PROSPECT-
VANDENBERG ANNEXATION NO. 141 TO BE HELD IN TERRITORY PROPOSED FOR
ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987
The motion carried 5-0. 48
,2. JOHN ~YNE AIRPORT NOISE MITIGATION MEA.SURES
A report requested by Council on July 20, 1987 in response to resi-
dent concerns.
Page 6, 8-3-87
The Community Development Director presented the staff report and
recoanendations as contained in the inter-com dated August 3, 1987,
prepared by the Community Development Department.
Councilman Kelly felt the subject has drifted from safety to the
noise mitigation aspect. He expressed a desire to instruct the
City Attorney to explore all avenues to force movement of flights
further west to the original VOR approach, regardless of the Hutton
Centre building. He was supportive of staff exploring what can be
achieved on a contractual basis and initiatiBg sound monitors at
the City's discretion for detecting violationsj
It was moved by Kelly, seconded by Prescott, to follow staff's
recommendation and obtain alternative proposals for sound monitor-
ing equipment, along with exploring legal avenues the City could
take.
Councilman Hoesterey reported on obser?ations he made during a
four-hour visit to the airport with County and FAA representa-
tives. He expressed concern that a consultant provides a short-
term view of the situation. He recommended that the City accept
the County's offer to install $250,000 worth of monitoring equip-
ment north of the airport. The City could then tie into an estab-
lished system, using expertise that already exists to analyze and
get results from data.
Councilmember Kelly and Hoesterey debated on the matter.
Mayor Pro Tem Kennedy recommefided looking at a proposal whereby the
City would hire a consultant to evaluate the airport's data, to
advise if the City could have the airport install sound equipment
in Tustin in four or five areas, and then validate what is being
,recorded. That will give the City the independence of having its
own consultant without having to make a tremendous capital expendi-
ture for equipment. Mayor Edgar concurred. ,
A substitute motion by Kennedy, seconded by Edgar, was made to:
1) Request a formal proposal from the airport to assist the City
in collecting data (install monitoring equipment north of the
airport); and
2) Hire a consultant to assist in monitor placement, evaluate and
to validate statistical data provided by airport administra-
tion, and interpret the results.
After further discussion, the motion carried 5-0. 101
X. REPORTS
1. PLANNING CO~ISSION ACTIONS - JULY 27, 1987
All actions of the Planning Commission become final unless appealed
by the City Council or member of the public.
It was moved by Hoesterey, seconded by Kennedy, to ratify the Plan-
ning Commission Action Agenda of July 27, 1987.
The Community Development Director responded to Mayor Pro Tem
Kennedy's questions regarding Public Hearing No. 5, Use Permit No.
87-18 and Variance No. 87-03, Ruby's Restaurant.
The motion carried 5-0. 80
Z. SUPPORT FOR NORTH llJSTIN SPECIFIC PLAN
Subject item was requested by Mayor Edgar at the July 20 meeting to
be agendized for Council consideration.
Following consideration of the inter-com dated August 3, 1987, pre-
pared by the Con)~unity Development Department, Council concurred
to agendize the North Tustin Specific Plan for the August 17 meet-
lng. with copies of the plan attached to the report. 81
CITY COUNCIL MINUTES
P~,~e 7, 8-3-87
XI. OTHER BUSINESS
1. GRAFFITI MIL
Mayor Pro Tem Kennedy reported that the graffiti Mr. Pagano spoke
of under Public. Input follows a path from Sycamore on to McFadden,
where about five establishments have been graffitied over the past
nine days.
TUSTIN ~IGItTS ~itOPPING CENTER ENTRANCE NDDIFIrATION
Mayor Pro Tem Kennedy inquired on the progress of the entrance
modification to Tustin Heights Shopping Center {Ralph's Market).
The Director of Public Works responded that he will be meeting in
two weeks with representatives from the management company to dis-
cuss the matter.
3. PARCEL STRIP RFTWEEN TUSTIN MEADOWS AND PEPPERTREE TIL~CTS
Councilman Hoesterey noticed that realignment of the San Diego
Pipeline through Tustin may change the status of subject property
between Peppertree and the Meadows when that easement disappears.
In the past homeowners had expressed a desire to acquire same, but
hadn't because of easements through it. He alerted staff that the
issue may come up again as encumbrances on subject property change.
It was later noted t)iat in preparation of the EIR, staff will he
evaluating alternate routes, as well as the easement issue. Staff
has requested that the environmental consultant identify any alter-
natives for disposition of easement areas. 101
4. TUSTIN AREA NISTORICAJ. SOCIETY PICNIC
Councilman Hoesterey commended' the Tustin Area Historical Society
on the great picnic they held over the weeke6d.
$. PEOESTRIAN CROSSING ON M/(IN STREET BETWEEN TUSI'IN PLAZA & LIBRARY
Councilman Prescott reported he has received numerous con~nents on
the need for a pedestrian crossing on Main Street between Tustin
Plaza and the Library. Concurrently, staff was requested to
investigate upgrading the crosswalk on First and "8 Streets (see
Publ(c Input Item No. 3, Page 2}.
6. REQUEST FOR STOP SIGN ON LOR~)mA DRIVE
Mayor Edgar requested staff agendize the possibility of installing
a stop sign on Loretta Drive to slow down the traffic. He reported
a nearly fatal accident where the car ended up in a resident's
front lawn. 94
RECESS - REDEVELOPMENT AGENCY - ADJOURNMENT
At 8:26 p.m., it was moved by Kenned),, s~conded b), Hoestere),, to recess
to a meeting of the Redevelopment Agency; and thence adjourn to a
budget workshop on August 10, 1987, at 5:30 p.m., in the City Manager's
Conference Room, and thence to the next regular meeting on Monday,
August 17, 1987, at 7:00 p.m. Carried 5-0.
' MAYOR