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HomeMy WebLinkAboutMINUTES 10-22-86MINUTES OF AN ADJOURNED REGULAR FEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OCTOBER 22, 1986 CALL TO ORDER/PLEDGE OF ALLEGXANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 6:59 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilwoman Kennedy, and the Invocation was given by Councilman Kelly. II. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Donald J. Saltarelli, Mayor Ronald B. Hoesterey, Mayor Pro Tem Richard B. Edgar John Kelly Ursula E. Kennedy None William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Robert S. Ledendecker, Dir. of Public Works Lt. Walt Wedemeyer, Police Department Ronald A. Nault, Finance Director Rob Balen, Planning Consultant Jeff Davis, Acting Senior Planner Approximately 50 in the Audience III. PROCLAMATION 1. "RED RIBBON WEEK" - OCTOBER 27 - NOVEI~ER 3, 1986 Mayor Saltarelli presented a proclamation £o Ethel Reynolds desig- nating October 27 through November 3, 1986, as "Red Ribbon Week." Mrs. Reynolds thanked the Council on behalf of Parents Who Care and encouraged citizens to participate by wearing red ribbons. 84 IV. PUBLIC ItEARINGS The City Council considered Public Hearings 1 and 2 in conjunction. PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUSTIN & THE IRVINE COMPANY RELATING TO DEVELOPMENT OF THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA - ORDINANCE NO. 978 SUPPLEMENTAL ENVIRONMENTAL EIR TO FINAL EIR 85-2 CONSIDERING ENVIRONMENTAL IMPACTS OF A PROPOSED DEVELOPMENT AGREEMENT RELATING TO DEVELOPMENT OF THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA - RESOLUTION NO. 86-126 The Planning Consultant presented the staff report and recommenda- tion on Public Hearing No. I as contained in the inter-com dated October 22, 1986, prepared by the Community Development Department. The Acting Senior Planner presented the staff report and recommen- dation on Public Hearing No. 2 as contained in the inter-com dated October 22, 1986, prepared by the Community Development Department. Tom Smith, Michael Brandman & Associates, highlighted the process followed in responding to comments received on the supplemental EIR. A question-and-answer period followed. Mayor Saltarelli opened the public hearing at 7:15. There were no speakers on either item, and the public hearing was closed. CITY COUNCIL MINUTES Page 2, 10-22-86 It was moved by Edgar, seconded by Kelly, to adopt the following: RESOLUTION NO. 86-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (EIR} 85-2 AS SUPPLEMENTED, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried 5-0. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 978 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 978 by the City Clerk, it was moved by Edgar, seconded by Hoestere~.,, that Ordinance No. 978 be introduced as follows: ORDI~&~N(~E NO. 978 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING A DEVELOPMENT AGREEMENT (EXHIBIT A ATTACHED HERETO), AS DEFINED BY SECTION 65865.2 OF THE CALIFORNIA GOVERNMENT CODE, BETWEEN THE CITY OF TUSTIN AND THE IRVINE COMPANY PERTAINING TO DEVELOPMENT WITHIN THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA Councilman Edgar noted that it may appear to some that Council is acting hastily on something that's very important. He reflected that it is a culmination of years of dialog between staff and Coun- cil, with a tremendous amount of input, with the net result of that before Council this evening. He co,,~ended The 1trine Company and staff on their accomplishment. Mayor Pro Tem Hoesterey co,m,ented that through this entire process the City has met goals originally established at the beginning of the process nearly three years ago: 1) Adding recreational amenities to our community; 2) Planning East Tustin as an entire area instead of spot development; and 3) Preventing a negative fiscal impact on existing residents and community. He commended everyone on the excellent job done. The development agreement guarantees what has been given by both sides and is the final document of this entire process. Councilwoman Kennedy also noted that this matter has been discussed for three years, and many questions have been answered. Recently, community concerns were raised regarding closeness of the water table to land surface in Phases I and II. Staff has researched that and satisfied her that it will not be a problem. If so, it will be The Irvine Company's responsibility. She felt the entire Council is concerned about project density and the percentage of apartments discussed. She is comforted by the fact that this is simply a guideline, and it is not mandatory that Tustin have exactly 25%. Tustin has been so badly impacted by apartments, with multi-family housing close to above 60%. She expressed delight that The Irvine Company will own them and that they are very responsible people. She closed by stating she hopes something would happen to reduce that percentage, depending on the housing market. She voiced support of the matter. The motion carried 5-0. 81 Monica Florian, Vice President of The Irvine Company, stated they are pleased that the development agreement admirably reflects the mutual promises and commitments made through the specific plan pro- cess. She noted they are eager to begin the next very important step of making the marvelous community a reality in East Tustin as envisioned over the last three years. On behalf of the Council, Mayor Saltarelli thanked the consultants, City staff, and The Irvine Company staff for a tremendous job. V~ VI. F 'Y COUNCIL MINUTES Page 3, 10-22-86 Councilwoman Kennedy felt it may be appropriate to form a Council policy committee to reflect minimum standards that have been estab- lished relative to driveways, private roads, pathways, senior hous- ing, water, etc. She expressed a desire to serve on such a com- mittee. The Mayor requested the City Manager develop guidelines for estab- lishing same to watch over East Tustin developments as they pro- gress, and agendize the matter at a future meeting. Council will then select committee members, with emphasis towards Mrs. Kennedy. PUBLIC INP~F~ 1. SOLZD WASTE COLLECTION FEES - TAX ROLLS In response to Frederick J. Helling, 14582 Emerywood Road, who brought the matter to Council's attention at the October 6 meet- ing, subject item was considered out of agenda order at this point in the meeting {Report No. 8). The Finance Director presented the staff report as contained in the inter-com dated October 15, 1986, prepared by the Finance Depart- ment. The City Manager provided further clarification. Council/staff discussion followed. The City Attorney stated that if we assume that the entire unresolved amount ($54,000) will be paid to the trash hauler, then the amount that has been assessed on the tax roll is exactly the right amount for this fiscal year. It's only to the extent that the City ends up paying a lesser amount that a credit would be due to either the City or residents. No one has actually been overcharged. Staff is currently negoti- ating with the trash hauler and will get the best deal possible. To that extent, a credit will be issued against the assessment for next fiscal year. After further discussion, Mayor Saltarelli appointed a committee of Councilmembers Edgar and Hoesterey to meet with staff and report back to Council on November 17 with a recommendation as to how to handle this properly. Council concurred. 102 Richard Vining, 400 West Main Street, reiterated his request to revert to billing homeowners individually for residential trash collection. 2. SA&( ~JE)~O ITALIAJ( )~ARKET - SUNDAV jA~4 SESSIONS Mary Jane Stephens, 49 Via Entrada, spoke in favor of the Sunday jam sessions held at the San Remo Italian Market, 13682 Newport Avenue owned by Joe Massimino. Approximately 17 patrons were present to show their support of same. Ms. Stephens reported that she had a petition containing 66 signatures in support of the Sunday jam sessions. Staff responded that they are currently working with the owner and have advised him that he must apply for a use permit for outdoor seating and outdoor entertainment to legally continue same. CONSENT CALENDAR It was moved by Kennedy, seconded by Edgar, to approve the entire Consent Calendar. Carried 5-0. 1. APPROVAL'OF MINUllES - OCTOBER 6, 1986, REGULAR MEETING 2. APPROVAL OF DE)4ANDS IN THE AMOUNT OF $2,322,057.48 RATIFICATION OF PAYROLL IN THE AMOUNT OF $148,526.79 5O RESOLUTION NO. 86-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "B" STREET AND "C" STREET WATER MAIN IMPROVEMENTS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 86-127 as recommended by the Public Works Department/Engineering Division. ~ 107 CITY COUNCIL MINUTES Page 4, 10-22-86 ARCHITECTUP.~L SERVICES AOREENENT - CIVIC CENTER EXPANSION PROJECT Authorized the Mayor and City Clerk to execute an agreement with John Bates Associates, Inc., for preparation of working drawings for the Civic Center Expansion Project as recommended by the City Manager. 45; 86-63 YOUTH SPORTS - LIGHT FEE WAIVER Adopted the proposed criteria as contained in the inter-com dated October 14, 1986, regarding light fees for youth sports programs as recommended by the Community Services Department. 41 RESOLUTION NO. 86-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1986-87 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE Adopted Resolution No. 86-128 as recommended by the Finance Department. 50 7. ACCEPTANCE OF PUBLIC STREET INPROVENENTS AND REDUCTION OF BOND AMOUNTS IN TRACT NO. 12345 Accepted street, storm drain, water, sewer and other public utilities within Parkview Way, Parkcenter Lane, and related easements within Tract No. 12345; and authorized reduction of the following bonds: Performance Bond No. 5241-00-68 (reduced $510,150 [75%]); Labor and Materials Bond No. 5241-00-68 (reduced $255,075 [75%]); and Monumentation Bond No. 5241-00-69 (reduced {$6,800 [100%]) as reco,)~))ended by the Public Works Department/Engineering Division. 99 o AIJll~)RIZATION TO REMOVE TREES AT VARIOUS LOCATIONS Authorized staff to remove trees at following locations: Ficus at 14751 Foxcroft; Ficus at 17532 Medford; Silk Floss at 13331 Coral Reef; Ficus at 2002 Nantucket; and Ficus at 13432 Cindy Lane as recommended by Public Works Department/Engineering Division. 86.1 ll~NTATIVE TIUUCT MAP NO. 12833 (Sixth Street) Accepted applicant's request to continue consideration of Ten- tative Tract Map No. 12833 and tabled the item at this time as recommended by the Community Development Department. 99 10. RESOLUTION NO. 86-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OVERTURNING PLANNING COMMISSION APPROVAL OF USE PERMIT 86-26 THEREBY DENYING SAID PROJECT (405, 415 & 425 Sixth Street) Adopted Resolution No. 86-125 pursuant to Council action on October 6, 1986. 81 VII. ORDINANCES FOR INTRODUCTION VIII. See Public Hearing No. 1 - Ordinance No. 978. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS None. X. NEW BUSINESS 1. TRAFFIC SIGNAL INSTALLATION AT MAIN STREET & PACIFIC STREET, AND AT MAIN STREET & 'B' STREET Sealed bids for subject project were received on October 6 as follows: Steiny and Company, Fullerton Signal Construction, Anaheim Sierra Pacific, Riverside $131,000.00 $146,602.00 $147,717.00 TY COUNCIL MINUTES Page 5, 10-22-86 It was moved by Kennedy, seconded by Hoesterey, to award the bid for traffic signal installation at Main Street and Pacific Street, and at Main Street and "B" Street to the low bidder, Steiny and Company, Fullerton, in the amount of $131,000 as recommended by the Public'Works Department/Engineering Division in the inter-com dated October 13, 1986. Motion carried 5-0. 94 2. #ISCELI_ANEOUS PUBLIC FACILITY I~OI)IFICATIONS As recommended in the inter-com dated October 15, 1986, prepared by the Finance Department, it was moved by Kennedy, seconded by Edgar, to: 1) Authorize the modification of miscellaneous public facilities for handicapped access as follows; and Modify Restrooms at Centennial Park Modify Restrooms at 235 E. Main Street (Water Department Office) Access Ramps to Magnolia Park Tennis Courts Designated Handicapped Parking at 235 E. Main Street and Centennial Park 5,000 3,ooo 1,ooo 1,ooo 2) Appropriate $10,000 from the unappropriated reserves of the Revenue Sharing Fund for completion of same. The motion carried 5-0. 50 3. SANTA ANA FREEWAY WIDENING BETWEEN ROUTE 1-405 AND BEWPORT AVENUE It was moved by Edgar, seconded by Hoesterey, to authorize staff to send the letter of concurrence attached to subject report dated October 15, 1986, to CalTrans for the widening of the Santa Ana Freeway between Route 1-405 and Newport Avenue. Councilwoman Kennedy stated subject matter was discussed at the League of Cities Conference. She felt the City should take a very strong position on noise mitigation, sound walls, and beautifica- tion. Council discussion followed. The Director of Public Works responded that Federal Law does mandate sound walls. However, there is a current California Transportation Commission policy that landscaping is not put in on new construction. With consent of the maker and the second, the motion was amended to include in the letter Tustin's request that maximum sound attenu- ation and beautification is important in our sector. The Director of Public Works responded to Councilwoman Kennedy that this is a segregated project and does not encroach onto Sixth Street. In response to Councilman Edgar, the Director stated that staff does have maps of Alternative 3B available for viewing, and quite a few business community members have reviewed same. The amended motion carried 5-0. 54 4. REQUEST FOR TRAFFIC SIGNAL AT WARNER AVENUE AND PULLMAN STREET It was moved by Hoesterey, seconded by Edgar, to program the traf- fic signal installation at Warner Avenue and Pullman Street for the 1986-87 fiscal period subject to recommended funding participation from City of Santa Aha and Steelcase, Inc., as reco,,,.ended in the inter-com dated October 12, 1986, prepared by the Public Works Department/Engineering Division. After a question-and-answer period, the motion carried 5-0. 94 CITY COUNCIL MINUTES Page 6, 10-22-86 XI. 5. AWARD OF BID FOR THE PURCHASE OF A CUSHMAN SCOOTER FOR WATER I~'TER REAOI~ Bids for subject item were received as follows: Franksons Incorporated, Glendale Pacific Equipment, Industry Mission Chemical, Inc., San Diego West Star Distributing, Hayward $6,982.72 $7,018.76 $7,685.OO $7,812.72 The low bidder's warranty did not include service calls or trans- portation charges, which can be critical at times. As recommended in the inter-com dated October 15, 1986, prepared by the Public Works Department/Engineering Division, it was moved by Hoesterey, seconded by Edgar, to authorize the purchase of a Cushman Scooter for water meter reading from Pacific Irrigation and Equipment, Inc., Industry, in the amount of $7,018.76. Carried 5-0. 87 REPORTS 1. PLANNING COPINISSION ACTIONS - OCTOBER 13, 1986 It was moved by Hoesterey, seconded by Saltarelli, to ratify the entire Planning Commission Action Agenda of October 13, 1986. The Planning Consultant and Acting Senior Planner responded to Councilwoman Kennedy's concerns regarding Use Permit 86-27 for Old World Wines, Inc. It was explained that the only wine tasting done at the store would be by licensed wine buyers for resale, not the general public. The motion carried 5-0. 2. EXPANDED EVALUATION OF SIGNALS AT lla. LNUT AVENUE & CHERRYWOOD As recommended in the inter-com dated October 1, 1986, prepared by the Public Works Department, Engineering Division, it was moved by Hoesterey, seconded by Saltarelli, to implement no changes to the signal's operation at subject intersection. Carried 5-0. 94 3. EL CJ)~IINO REAL MISSIOM BELL THEME It was moved by Kennedy, seconded by Hoestere~, to receive and file subject report dated October 1, 1986, prepared by the Public Works Department, Engineering Division. Motion carried 5-0. 93 4. SEPTEMBER INVEST)[MT REPORT It was moved by Kennedy, seconded by Hoesterey, to receive and file subject report dated October 15, 1986, prepared by the Finance Department. The motion carried 5-0. 50 5. FICUS TREE REMOVAL 0fl MIEELER DRIVE The Director of Public Works presented the staff report and recom- mendation as contained in the inter-com dated October 14, 1986, prepared by the Public Works Department/Engineering Division. It was then moved by Edgar, seconded by Hoesterey, to receive and file same. Carried 5-0. 86.1 llJSTIN HEIGHTS SHOPPING CENTER ORIVEWAY MODIFICATION AT IRVINE BOULEVARD/OLD IRVIME BOULEVARD The Director of Public Works presented the staff report and recom- mendation as contained in the inter-com dated October 15, 1986, prepared by the Public Works Department/Engineering Division. He responded to Council questions. It was moved by Kennedy, seconded by Hoestere~, to authorize staff to proceed with split-phasing traffic signal modification at sub- ject location at an estimated cost of $1,600.00. The motion car- ried 5-0. 94 ~ /Y COUNCIL MINUTES Page 7, 10-22-86 XII. 7. U~:LUENTIAL SQUARE STORM DRAIN PROBLEMS Council/staff discussion ensued regarding subject item as contained in the inter-com dated October 14, 1986, prepared by the Public Works Department/Engineering Division. Mayor Saltarelli suggested that staff prepare a letter for the Mayor's signature stating that Council has reviewed the matter with staff relative to the drains, etc., and as soon as CalTrans deter- mines the exact relocation of Nisson Road, the City will proceed to complete the storm drain extension. The City Attorney responded to Councilman Kelly that he does not see any basis for liability on behalf of the City as alleged in Ms. Megallon's letter dated October 7, 1986. The Director stated he would draft a response to Ms. Megallon for review by the City Attorney's office, and bring it back to Council at the November 3 meeting for further review prior to mailing it. 91 8. SOLID WASTE COLLECTION FEES - TAX ROLLS See Public Input, Page 3 of these Minutes. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested the City Council recess to a Closed Ses- sion to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6. 2. RESIDENTIal_ IMPROVFJNENTS IN DOWNTOWN AREA Councilman Kelly referenced Page 4 of Planning Commission Minutes dated October 13, 1986, wherein Commissioner Well questioned if any research had been done concerning a specific plan for the Old Town area. He suggested that the Redevelopment area be expanded to include downtown residential to provide incentives for upgrade and development, and wondered if staff could prepare a statement on the matter. Mayor Saltarelli and Councilman Edgar explained to Councilman Kelly the difficulties involved with his suggestion. For example, the entire redevelopment area would have to be reopened; that in turn would change the baseline of the tax allocation; it would probably mean a reduction in present income; and the area would have to meet state and federal guidelines for 20% low-income housing. As an alternative, Councilman Edgar informed Councilman Kelly of the City's ongoing Community Development Block Grant Program for rehabilitation of private properties for low- and moderate-income families and spot rehabilitation within the City's boundaries. 60 3. COMMUNITY IMPROVEMENT PROGRAM - HONORABLE lwENTION Mayor Pro Tem Hoesterey reported that Tustin received honorable mention as a finalist in the Helen Putnam Awards for its Community Improvement Program (CIP) at the League of Cities Conference. He felt it appropriate that the Mayor send a letter to each department who participated in same, expressing Council's pride and content- ment that they place people before policies. Councilwoman Kennedy requested The Tustin News photograph those who worked so diligently in the program, noting that Tustin competed against 45 cities, placing in the top three in our area. Mayor Pro Tem Hoesterey noted that Tustin stood out by not requir- ing large amounts of public funds for program implementation. The entire CIP has been implemented with existing operating funds, not at public expense. CITY COUNCIL MINUTES Page 8, 10-22-86 XIII. 4. TILLER OAYS LOGO - DESIGNER HONORS Councilwoman Kennedy stated that Tiller Days has a very attractive, symbolic logo (an old bicycle and Tustin City seal) which she believes was designed by a local artist. She requested that Coun- cil join in honoring the artist by awarding a proclamation. The Post Office used the logo to cancel stamps. Council concurred. 84 5. LEAGUE OF CALIFORNIA CITIES 1986 CONFERENCE Councilman Edgar commented that the League of California Cities 1986 Conference was a very productive and rewarding experience. 6. RESOLUTION OF MISCELLANEOUS COMPLAINTS Councilman Kelly thanked the City Manager and staff for resolving 11 complaints which he had submitted, commenting that they were all handled very quickly and efficiently. 7. HELICOPTER CRASH AT USMCAS(H), TUSTIN Mayor Saltarelli noted that another Echo helicopter has crashed in the vicinity of Bryan and Culver. The City Manager confirmed that Council. did send a letter indicating concern over that particular aircraft, suggesting it be grounded until such technical modifica- tions were found to explain its frequent malfunctions. The Navy Department grounded subject aircraft while they investigated, and it is now back in flight status. The Mayor requested another letter be sent to the Base Commander suggesting that until the problem is identified, the City would feel more comfortable in knowing that they are not flying over any residential or industrial areas where someone might be hurt. 101 8. LIABILITY INSURANCE SITUATION Mayor Saltarelli noted that the City has been notified that its insurance will be canceled at the end of the year. He recommended that staff provide Council with a set of recommendations and possi- ble solutions to the insurance problem, without committing the City in any particular way until Council has had an opportunity to review same. He stressed it is a very high priority item and needs to be resolved quickly. 59 RECESS - REI)EVELOPFI~NT; CLOSED SESSION - RECONVENED At 8:21 p.m., it was moved by Hoesterey, seconded by Edgar, to recess to the Redevelopment Agency; and thence to a Closed Session to meet with designated representatives regarding labor relations matters pur- suant to Government Code Section 54967.6. Carried 5-0. The meeting was reconvened at 9:15 p.m. with all members present. XIV. ACTIONS FROM CLOSED SESSION 1. AGREEMENT WITH ADMINISTRATIVE, MANAGEMENT & CONFIDENTIAL D4PLOYEES It was moved by Hoesterey, seconded by Kennedy, to approve the agreement with administrative, management and confidential employ- ees and officers. Motion carried 5-0. 79 2. BUILOING OFFICIAL SALARY RANGE It was moved by Hoesterey, seconded by Edgar, to increase the salary range for the Building Official by 8%. Carried 5-0. 79 XV. AOJOURNPENT At 9:16 p.m. the meeting was adjourned to the next Regular Meeting on Monday, November 3, 1986, at 7:00 p.m. by unanimous informal consent. CITY CLERK MAYOR