HomeMy WebLinkAboutCC 1 MINUTES 11-17-86MINUTES OF A REOULAR ~ETING
OF Tile CITY COUNCIL OF THE
CITY OF llJSTIN, CALIFORNIA
NOVEMBER 3, 1986
CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION
The meeting was called to order by Mayor Saltarelli at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Mayor Pro Tem Hoesterey, and the Invocation was given by
Councilman Edgar.
II.
ROLL CALL
Council persons Present:
Councilpersons Absent:
Others Present:
Donald O. Saltarelli, Mayor
Ronald B. Hoesterey, Mayor Pro Tem
Richard B. Edgar
John Kelly
Ursula E. Kennedy
None
William A. Huston, City Manager
Alan Watts, Deputy City Attorney
Mary E. Wynn, City Clerk
Robert S. Ledendecker, Dir. of Public Works
Charles R. Thayer, Chief of Police
Ronald A. Nault, Finance Director
Royleen A. White, .Dir. of Com. & Admin. Srvcs.
Jeff Davis, Acting Senior Planner
Janet Hester, Administrative Secretary
Approximately 25 in the Audience
III.
PR(X;LM~ATION
1. 'THE REVERE HOUSE' - THIRTIETH ANNIVERSARY
Fred Werter accepted a proclamation from Mayor Saltarelli congratu-
lating The Revere House restaurant, 900 West First Street, on its
Thirtieth Anniversary.
Mr. Werter expressed his thanks to the Council.
IV.
SPECIAL PRESENTATION
1. 1985 PEDESTRIAN SAFETY ACHIEVEMENT AWARD - AWARDED BY AUTOMOBILE
CLUB OF SOUTHERN ~IFORNIA ll) CIllf OF llJSTIN
Bob Kerr, District Manager, Automobile Club of Southern California,
proudly presented the Mayor with a pedestrian safety achievement
award in recognition of 10 consecutive years without a pedestrian
fatality on behalf of the American Automobile Association.
Mr. Kerr quoted statistics on Tustin's accident record of no
fatalities and 37 pedestrian injuries, compared to the average of
416 cities reporting in the same population group with 1.8 fatali-
ties and 49 injuries. He stated that the plaque acknowledges the
combined efforts of educational, engineering, and enforcement pro-
grams Tustin has provided its citizens. He gave special thanks to
the Police Chief and the Director of Public Works and members of
their respective departments for participation in coordinating and
completing the report.
Mayor Saltarelli thanked Mr. Kerr.
V. PUBLIC HEARINGS
None.
CITY COUNCIL MINUTES
Page 2, 11-3-86
VI. PUBLIC INPUT
1. I~TIONAL ~DARD ItELICOPTERS AT LOS ALANITOS
James H. May, 14642 Pepper Tree Circle, inquired on the status of
his concerns expressed at the September 2 meeting regarding the
possible move of National Guard helicopters from Los Alamitos to
Tustin and relocation of flight patterns.
The City Manager responded that following Mr. May's appearance at
the September 2 meeting, staff contacted the Commanding Officer at
Tustin and the Commanding General at E1 Toro. It is staff's under-
standing that the Marine Corps will not support such a move. They
do not have the capacity to handle Marine Corps helicopters, let
alone absorb any from the National Guard. Short of Congressional
action, such a move will not occur. Tustin is on record opposed to
same.
Regarding the flight patterns, the City Manager stated that the
agreement to relocate the Browning Corridor approximately 1/4 mile
easterly (toward Myford Road) has not been completed for the
following reasons:
1)
2)
New landing approach instrumentation required to implement the
relocation has still not been installed; and
The agreement to relocate the flight corridor has not been
finalized. A key issue is that The Irvine Company will dedi-
cate.to the Navy land south of the Marine base for military
housing in exchange for the right-of-way through the base for
the road. They've agreed on acreage, but have not finalized
how it will be accomplished.
Staff will check on how soon that will be finalized and report back
to Mr. May on both issues. 101
VII. CONSENT CALENDAR
VIII.
It was moved by Kennedy, seconded by Hoesterey, to approve the entire
Consent Calendar. Motion carried 5-0.
1. APPROVAL OF MINUTES - OCTOBER 22, 1986, ADJOURNED REGULAR t~EETING
2. APPROVAL OF DEIWLANDS IN THE AMOUNT OF $241,262.06
RATIFICATION OF PAYROLL IN THE AMOUNT OF $171,347.10
5O
REJECTION OF CLAIM gO. 86-43; CLAIMANT: JERRY N. GANS; DATE OF
LOSS: 9/6/86; DATE FILED WITH CITY: 9/22/86
Rejected subject claim as recommended by the City Attorney. 44)
4. RESOLUTION NO. 86-129 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN APPROVING FINAL TRACT MAP NO. 12868 (Southeast
Corner of Browning & Bryan Avenues - East Tustin Residential, Phase
i)
AdOpted Resolution No. 86-129 as recommended by the Community
Development Department. 99
TRACT NO. 12106 - RELEASE OF SUBDIVISION W/~RRAN~ BONOS (Southerly
Side of Walnut Street between Newport Avenue and Orange Street,
Ainslie Development)
Authorized release of Subdivision Warranty Bond No. 3 SM 572
912 in the amount of $2,250 as recommended by the Public Works
Department/Engineering Division. 99
RESOLUTION NO. 86-130 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL
PAVEMENT MARKING PROGRAM AND DIRECT CITY CLERK TO ADVERTISE FOR
BIDS
Adopted Resolution No. 86-130 as recommended by the Public
Works Department/Engineering Division. 95
ORDI~NCES FOR INTRODUCTION
None.
FY COUNCIL MINUTES
Page 3, 11-3-86
IX.
Xa
XI.
XII.
ORDINANCE FOR ADOPTION
DEVELOPMENT AGREEMENT BETWEEN ll(E CITY OF TUSTIN & THE IRVINE
COMPANY RELATING TO DEVELOPMENT OF ll(E EAST TOSTIN SPECIFIC PLAN
PROJECT AREA -ORDINANCE NO. 978
It was moved by Edgar, seconded by Kelly, that Ordinance No. 978
have second reading by title only. Carried 5-0. Following second
reading by title only of Ordinance No. 978 by the City Clerk, it
was moved by Edgar, seconded by Hoesterey, that Ordinance No. 978
be passed and adopted as follows:
OPJ)INANCE 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
Roll call vote:
AYES:
NOES:
ABSENT:
Edgar, Hoesterey, Kelly, Kennedy, Saltarelli
None
None
45; 86-64; 81
OLD BUSINESS
None.
NEW BUSINESS
None.
REPORTS
PLANNING COIIIISSION ACTIONS - OCTOBER 27, 1986
It was moved by Hoesterey, seconded by Edgar, to ratify the entire
Planning Commission Action Agenda of October 27, 1986. The motion
carried 5-0. 80
PACIFIC BELL ENPLOYEE WORK HOUR P~U~SING SCHEDULE
Following Councilman Kelly's suggestion, Council concurred to
direct staff to come back with a recommendation on when it would be
a good idea for the City to require implementation of a work-hour
phasing schedule when project plans are submitted, depending on the
number of employees at one company.
It was then moved by Kennedy, seconded by Edgar, to receive and
file subject report. Carried 5-0. 81
3. INFLUENTIAL SQUARE STORM ~RAIN
Councilwoman Kennedy felt the draft letter should state that staff
would be available on a daily basis to inspect the storm drains and
that the City was disappointed to learn that the project would be
delayed due to CalTrans' plans for freeway widening.
Councilman Edgar thought it important to recognize that the City
is committed to completion of the storm drain project as soon as
CalTrans completes the necessary right-of-way acquisitions. The
draft letter stated same, although he acknowledged that his famil-
iarity with the issue made it clear to him, and perhaps the letter
should contain more personal dialog with the residents.
Mayor Saltarelli suggested that Councilwoman Kennedy coordinate
with the City Manager and Director of Public Works on some rephras-
ing in the letter to perhaps personalize it a little.
Councilman Kelly felt staff's recommendation should include a
cooperative effort on the homeowners' part to reduce the danger of
private property damage since they are aware that a problem exists.
CITY COUNCIL MINUTES
Page 4, 11-3-86
XIII.
It was then moved by Edgar, seconded by Kennedy, to direct staff to
redraft the letter, with Councilwoman Kennedy's assistance, to
include additional Council concerns. The motion carried 5-0. 91
OTHER BUSINESS
1. FREITAS V. CITY OF TUSTIN
It was moved by Saltarelli, seconded by Edgar, to direct the City
Attorney to proceed with settlement of subject claim as recommended
in the confidential inter-rom dated October 31, 1986, prepared by
the City Attorney. The motion carried 5-0. 40
2. DOWNTOWN ~ESIDENTIAL AREA
Councilman Edgar stated that problems recently encountered in the
downtown area have been complex due to lack of good communication.
On the one hand, there are dedicated, talented City staff who have
envisioned a plan to solve some of the problems downtown, and he
thought their motives are solid. On the other hand, there are
residents and business persons who want to upgrade the downtown
area. They're confronted with knowing they want to preserve what's
good downtown, yet they don't want to be committed to what's bad.
They also lack a detailed perception of the mechanics on how the
downtown area can and should be upgraded.
He suggested Tustin commence developing a plan, without the rigid-
ity of some plans that become formal and academic, but one that
will address the ultimate desires as a community in terms of the
City and downtown residents. He felt it appropriate for City staff
to meet with downtown residents to begin formulating that direction
without any preconceived ideas of what it ultimately will be. He
defined the boundary for such a plan as being the Costa Mesa Free-
way to the Redevelopment area east and west, and from Irvine Boule-
vard to Sixth Street north and south.
Although the plan would encompass the entire downtown area, he is
primarily addressing preservation of R-1 in a mode that retains
the old buildings, the attractive buildings, and at the same time
provides a challenge to upgrade those structures that are deficient
to something that will be attractive to the whole community.
It was moved by Edgar, seconded by Kennedy, to direct staff to ini-
tiate dialog with downtown area residents, on a flexible timetable,
with an interest in preservation and the goal of developing a plan
to upgrade the downtown residential area, which will gain community
support.
Council discussion followed. It was clarified that a "town hall
meeting" format could be utilized for dialog exchange. Such a plan
could ultimately be called a specific plan, as long as it focused
on the downtown residential area. It was felt that the First
Street Specific Plan already addressed the commercial uses within
the defined boundaries. Although R-1 zoning will be maintained, a
plan is needed to upgrade/preserve some of the downtown historic
structures.
The motion carried 5-0.
6O
3. BUILDIN(~ AT 333 EL CAMINO REAL
The Acting Senior Planner responded to Councilwoman Kennedy that
the Community Development Department received an application for a
parking variance at 333 E1 Camino Real. After project review and
discussion of several items with the applicant, a four-week
continuance was requested from the Planning Commission. The status
of escrow on the building is unknown at this time.
He stated that the following available parking options were pre-
sented to the applicant: purchasing parking in the parking struc-
ture (once it is repaired), resurrecting a parking district, and
long-term leases with neighboring/adjacent property owners.
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,age 5, 11-3-86
4. UNIPORM PHASING OF TURN SIGNALS
Councilwoman Kennedy requested that the Public Works Department/
Engineering Division and the Police Department coordinate and
report back on the safest way to coordinate turn signals throughout
the City so that they are uniformly phased. This would eliminate
confusion on the public's part. Council concurred. 94
TRUCKS PARKING AT TEXACO STATION, NEWPORT AVENUE AT I-5 FREEWAY
Councilwoman Kennedy reported that once again trucks are parking at
the. Texaco Station on Newport Avenue at the I-5 Freeway and at the
curb in front of The Church on Redhill.
6. SOLIO WASTE COLLECTION FEES
Mayor Pro Tem Hoesterey stated that he and ~Council~m~n Edgar met
with staff regarding trash collection, fees and. schedules. Based on
discussions, he recommended that the City issue ref~d checks in
the amount of $10.70 to residents who have paid th~ic bill.
He eXplained that what occurred was that a re~erve=was~set up for a
negotiated amount which is still unresolved between Great Western
and the City.
It was moved by Hoesterey, seconded by Kennedy, ~ appropriate
funds from the General Fund to issue r~fund checks in,he amount of
$10.70 to residents who have paid their bill. Carried~5-O. 102
e
CHAMPAGNE BRUNCH ON NOVEMBER 16 AT SHE. LLEY'S CALIFORI~IA CUISINE -
BENEFIT FOR TUSTIN AREA SENIOR CENTER )
Mayor Pro Tem Hoesterey handed Councilwoman Kennedy his check for
the November 16 Champagne Brunch to benefit the Tustin Area Senior
Center. Councilwoman Kennedy receiv..eJJ it with thanks and invited
everyone to attend the special occasi~. 41
8. AMENDMENT TO lltE SMOKING ORDINANCE
Mayor Pro Tem Hoesterey stated that it ~has been suggested that the
smoking ordinance be amended to prohibdt smoking of ~ighted pipes
or cigars in City-owned buildings.
It was moved b~ Saltarelli, seconded by Edgar, ~o-agendize the
matter for the November 17 meeting. Carried 5-0. ?" 88
9. POTENTIAL NORTfl TUSTIN ANNEXATION
Councilman Kelly requested Council comments regarding subject
report dated September 30, 1986, prepared by Stanley ~m Hoffman.
Mayor Pro Tem Hoesterey stated that unless there is a strong eco-
nomic reason to annex the area, the City should avoid annexing
great areas that are an expense to existing residents. The report
shows that there would be an expense, and he would be very cautious
about any large annexations.
Councilman Kelly stated he looked at the report as a "~ophisticated
guesstimation." He questioned why the report did not list each
parcel, the income from those properties, and then a total. He
stated he would like to see a report done on such a basis for the
particular study area.
Councilman Edgar stated that the report clearly shows that when you
annex an area that is entirely developed and inhabited, only the
property itself is annexed, with no increment from business, com-
mercial, or industrial uses. The tax increment from that activity
does not pay directly for cost of fundamental services to that area
such as police and fire.
CITY COUNCIL MINUTES
Page 6, 11-3-86
XIV.
10.
Councilman Edgar noted one deficiency of the report is that it did
not address major capital infrastructure deficiencies such as
streets, storm drains, etc. If annexed, those deficiencies will be
the City's funding responsibility, which are big negatives that
Council must consider before making a decision. He felt the report
was accurate, and to spend 5-10 times as much money for a report
covering every parcel in North Tustin would net the same result.
The City Manager interjected that the property tax revenue projec-
tions in the report are based on actual numbers. The report did
not address infrastructures because it would have cost between
$50-100 thousand in consultant fees to analyze the condition of
roads, storm drains, etc. Council' did not feel it appropriate to
spend that amount of fees on the study.
Mayor Saltarelli stated that the matter boils down to Council
philosophy on whether or not it wants to annex North Tustin, and
whether North Tustin residents desire annexation to Tustin. He
felt Tustin has a unique living environment, including the greater
Tustin Area, that is worth saving. If the two do not ultimately
become one larger city with the political power necessary to pro-
tect its survival, that unique living environment will be lost in
5-20 years. He expressed hope that Council will look at a long-
term program of annexing North Tustin into the City.
Councilwoman Kennedy stated that an informal survey or "straw vote"
of North Tustin residents should have been conducted prior to
spending fees for a consultant's report. This would give the City
an idea of how residents not represented by the North Tustin Muni-
cipal Advisory Council {NTMAC) or the Foothill Association feel
regarding annexation to Tustin.
Council discussion followed.
Mayor Pro Tem Hoesterey recommended against going any further or
spending any more money when preliminary data shows it is not
economically feasible at this point.
Council's major consensus was to resume dialog following the
November 4 General Election at which three members will be elected
to the NTMAC. Then perhaps a public meeting with the Tustin City
Council and NTMAC board could be held with interested citizens from
both incorporated and unincorporated areas participating. Any sur-
vey by the City would be conducted only after being discussed with
NTMAC. 24
SAN JUAN-RED HILL ANNEXATION NO. 123 - PAYNENT FOR CAPITAL IMPROVE-
MENTS
Mayor Saltarelli recommended that the City request the County to
pay for capital improvements relative to the San Juan-Red Hill
Annexation, for which full payment has not been received. 24
11. RUBY'S RESTAURANT
The Acting Senior Planner responded to Mayor Saltarelli that the
last action taken by the City was to authorize demolition of the
building, provided that it is restored to its original appearance.
Staff is currently working with the project proponent on some con-
ceptual drawings that have been submitted. The matter should come
before the Redevelopment Agency within the next few weeks. 81
RECESS - REDEVELOPHENT; ADJOURNMENT
At 7:55 p.m., it was moved by Hoesterey, seconded by Kelly, to recess
to the Redevelopment Agency; and thence adjourn to the next Regular
Meeting on Monday, November 17, 1986, at 7:00 p.m. Carried 5-0.
CITY CLERK
MAYOR