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CITY COUNCIL MINUTES
Page 3,
7. I~LUTION NO. 87-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF 11JSTIN APPROVING FINAL T~ACT MAP NO. [2759 (EAST TUSTIN APART-
MENTS)
Approved Final Tract Map No, 12759 for the East Tustln Apart-
ments project located north of the Santa Ane Freeway, west of
Jand)oree, east of E1 Camino Real, by adoption of ResoluEion
No. 87-9 as recommended by the Community Development Department
and Planning Co~nmtsston. 99
8. EXTENS[ON OF CONTRACTS - EARL ROW~NHORST ARD REED JENSEN
Authorized extension of the employment contracts for Earl
Rowenhorst and Reed Jensen to July [3, [987, as recommended by
the Ctty Manager, 79
VII. GIII)II~UICES FOR INTROgUCl'ION
NOnmo
VIII. OIlINgS FOR ADOi~TION
None.
IX.
1.
Xe
1.
FtFCTIO# CONSOLIDATION - RESOLUTION NO. 87-11
Pu~uent to Council direction at the January 5, 1987, meeting,
staff preqar~ subject resolution to consider consolidation of the
municipal election with the Statewide ~neral Election held in
~ove~d~er of even-nu~ered years.
Following a brief question-and-answer period, it was ~
Seltarelli~ seconded by Kelly, to adopt, the following resolution
setting the ~tter of the proposed consolidation of elections for a
public hearing on February 2, 1987, and prescribing notice.
RESOI. UTIO# NO. 87-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF T1JSTIN, CALIFORNIA, DECLARING ITS INTENTION TO REQUIRE ITS
GENF.~AL MUNICIPAL EL£CTION TO BE CONSOLIDATED WITH THE STATEWIDE
GENERAL D.ECTION AND FIXING A TIME AND PLACE OF PUBLIC HEAJ~ING
THEREON
The motion carried 5-0.
BUSINESS
wIDTI4 OF SID~ IN ll'lE INOU~-ll~IJU. A. REAS
THe Planning Commission has requested a formal policy decision from
Council regarding sidewalk widths and requirements in the indus-
trial areas. On two separate occasions at the request of devel-
opers, projects were granted 5-foot sidewalk widths in lieu of the
full 8-foot widths requireq by Council Resolution No. 81-4. Since
then, sidewalk requirements have been established on a project-by-
projec% basis subject to site circumstances, proposed use, and
specific zoning regulations.
Engineering staff indicates a uniform policy for 5-foot, utility
clear sidewalks for the entire industrial area is appropriate,
except areas with concentrated retail uses. Sidewalk meandering
would be subject to specific design guidelines of specific plans
and other documents. C~mmunity Development staff supports this
posit.ion with the note that Planning Commission be allowed to devi-
ate from those standards if considered appropriate.
The staff report was presented by the Community Development Direc-
tor as contained in the inter-rem dated January 19, 1987, prepared
by the Community Development Department.
Mayor Saltarelli was supportive of the staff recommendation. The
Director of Community Deyelopment and Director of Public Works
CITY COUNCIL MINUTES
Page 4, 1-19-87
responded to Council questions regarding sidewalk placement and
retaining right-of-way lines and building setbacks.
It was moved by Kennedy~ seconded by Hoesterey, to establish a uni-
form policy for 5.foot width,-utility clear sidewalks for the
entire industrial area, except in areas with concentrated retail
uses ~ere it shall remain 8-foot width. The motion carried 5-0.
SANTA ~ FREEWAY ([-$)/COSI'A ~SA FRE£WAY (R~. 55) IN~R~
MODIFICATION
CalTrans is planning complete modification of subject interchange
along with widening of both freeways within the in~ediate vicinity
of the interchange.
The Director of Public Works informed Mayor Saltarelli that the
interchange medificatio*n project will not be affected by any
delays on the basic widening project. The newspaper article refer-
enced pertained to the [-5 freeway between the Costa Mesa and
Garden Grove freeways. Councilman Edgar noted that this was con-
firmed by the CalTrans representative at the recent Transportation
Commission meeting.
The Director added that it is CalTrans' desire to accelerate Stage
I11 and attempt construction concurrently with Stage II if all
design and right-of-way acquisition can be completed in time. The
Mayor t~ought Tustin sl~ould pressure CalTrens to do so since the
interchange modification will increase access, but traffic will
still be bottlenecked on the narrow freeways.
As recommended in the inter-tom dated January 1~,, 1987, prepared by
the Public Works Department/Engineering Division, it was moved ~y
Kennedy, seconded by Edgar, to approve the Freeway Agreement with
the State of California f~)r Stage II and Stage III work on the
[-S/Rte. 55 Interchange Modification Project; and authorize the
Mayor and City Clerk to execute same. Carried 5-0. 45; 87-8
Mayor Pro Tem Hoesterey requested staff contact CalTrans about the
possibility of restriping the merging lane on the I-$ between Rte.
55 and t~e Ne~Aoort Avenue offramp to relieve some of the congestion
where vehicles merge in and out of traffic.
COLUMBUS lUST]II PARK CONC~$SXON STAND I.EA~E AGREEMENT
Proposed agreement is for use of the concession stand at Colur~ous
Tustin Park. Mr. David Ascher. has decided to make the concession
stand a for-profit corporation with the intention of making dona-
tions tO non-profit youth organizations in the Tustin area.
Councilwoman Kennedy expressed concern that the agreement does not
require a minimt~ donation to youth groups. Council/staff discus-
sion followed. The Recreation Superintendent responded to Council
questions.
The City Manager suggested that if there is Council consensus that
there should be a built-in formula for donating profits to youth
groups, staff will work on that and bring it back to Council so
there is no question about w~at is required of Mr. Ascher.
Mr, Ascher stated he will pay the City 10% of gross profits after
the first year of operation. He explained the procedure for donat-
ing profits to youth groups on an as-needed basis, with requests to
be submitted in writing. He stated he would not be interested in
operating a concession stand which requires built-in percentages
for various donations.
Councilwoman Kennedy was strongly in favor of setting aside a cer-
tain percentage for youth group donations, rather than leaving it
to Mr. Ascher's discretion.
Mayor Pro Tern Hoesterey suggested a review period at the expiration
of the agreement.
CITY COUNCIL MINUTES
Page 5, 1-19-87
As recommended in the inter-corn dated December 23, 1986, prepared
by the Community Services Department, it was moved by Edgar, sec-
onded by Hoesterey, to approve the agreement with Mr. David Ascher
for the lease of Columbus Tustin Concession Stand for a three-year
term, with the City to receive 10% of gross receipts (but not less
than $100 per month); and at the end of three years, tenant and
landlord have the o~tion to renew the lease for an additional two
years. The motion carried 4--)., Kennedy opposed. ¢$; 87-g
4. 'VIS~JAJ. FI.I~i(T RUL;~ - ~OHN WAYNE ~RPOi~T - RE~UTION NO. 87-10
The p~oposed resolution provides that the County of Orange and the
Federal Aviation Administration (FA~A) should adopt regulations
requiring general and commercial aircraft arriving/departing John
Wayne Airport to parallel the Costa Mesa Freeway IRoute 55), which
would rmsult in significant decrease in the number of overflights
in residential areas.
Councilman Kelly raised additienal concerns to restrict hours of
operation from 7:30 a.m. to 9:30 p.m,; prohibit airplanes making
early-morning pickups from approaching from the east; require
small plane~ to make their approach closer to the eirport~ and
enforce some type of penalty for vi~lators. Although the Mayor
felt Councilman Kelly's concerns were valid, he recommended the
Council not deviate from the purpose of the resolution to move the
flight pat)~ over the Costa Mesa {Rte. 55) Freeway.
It was moved by Ed~ar~ seconded b), Saltarell!,, to adopt the follow-
ing: '
~UTIOI~ NO. 87-10 - A R£SOI. UTION OF THE CITY COUNCIL OF THE CITY
OF llJSTIN, ~OPTING A RECOMMENDED NOISE ABATEMENT FI. IGHT PATH
The motion carried B-O. 101
$o APIN)XNll~F. NT OF CXTI~EN REPRESENTATIVE TO AVIATION NOISE AliATEI4ENT
C~ITTEE
Mayor Saltaretli opened by stating that many staff and Council mem-
ber~ have met Donald N. Belveal, Mo in a letter dated December 4,
).986, requested Council designate him as Tustin's representative on
the Aviation Noise Abatement Committee. The Meyor preised Mr.
Belveal's knowledge and ability on airport matters, and felt Coun-
cil would be wise to consider appointing him to subject committee.
Councilwoman Kennedy concurred that Mr. Belveal is well-versed on
airport matters. However, she felt the City should also have a
resident representative 'on the committee. The Mayor stated that
althoug~ Mr. Belveal is a resident of the unincorporated area, the
City has not had a resident come forth to volunteer their time and
effort who possesses Mr. Belveal's legal background.
Oessa Schroeder, North Tustin Municipal Advisory Commission
(NTMAC) Chairman, assured Council that Mr. Belveal would act solely
as Tustin's representative on subject committee.
Councilwoman Kennedy suggested Tustin recruit for a City resident
to serve as alternate wed lives in the flight path and is affected
by the noise.
It was moved by' Hoestere¥, seconded b~ Kennedy, to appoint Donald
N. Belveal as Tustin's representative to the Aviation Noise Abate-
ment Committee. Carried 5-0. ).01
John Orr, The Tustin News reporter, was requested to advertise the
City's recruitment in the weekly publication.
6. MARINE CORPS. NELICOPTER OVERFLIGHTS
Mayor Saltarelli requested Council consider adoption of a position~
urging the Marine Corps to stop flights of the CH-53E Super
Stallion helicopter over populated areas until there is conclusive
evidence the helicopter is safe.
CITY COUNCIL MINI]TES
Page 6, 1-1B-87
The Mayor suggested that Council request that the Marine Corps
maintain their base approach through the Browning Corridor in areas
where they will .not be flying over civilian areas, until there is
conclusive evidence that subject aircraft is safe. Councilwoman
Kennedy noted that she has not seen response to previous requests.
She urged that this request be strongly worded and a response
requested.
It was moved by Kennedy, seconded by Edgar, to authorize the Mayor
to sign a letter to the United States Marine Corps on behalf of the
City Council, requesting further studies into the safety' of the
CH-53E Super Stallion helicopter and cooperation with civilian
jurisdiction in the interim to keep it from flying over populated
areas. The motion carried 5-0. [03
XX.
REPORTS
%. PLANNING COI44ISSION ACI'IONS - JANUARY ~, 1987
Councilwoman Kennedy initiated discussion on New Business Items 7
and 8 on the January [2, [987, Planning Commission agenda, which
pertained to permits, to operate large family day care center
homes. Although an ardent supporter of child care, she was con-
cerned that such facilities will adversely impact residential
single-family areas.
Councilwoman Kennedy stated that an anonymous letter of opposition
was received from Marshall Lane and has been evaluated as insuffi-
cient protest. A formal protest must be signed by a property owner
within 100 feet of the proposed home and must be based on one or
more adverSe impacts such as noise, traffic, parking, and spacing
of such homes. She felt the community should be informed of the
formal protest procedure.
Councilwoman Kennedy asked for Council discussion of how to protect
both the child care need and residential areas. She suggested
writing to Marshall Lane residents informing them of the procedure
for filing a formal protest; otherwise, the matter will be approved
by mandate of the State of California.
Mayor Pro Tem Hoesterey was informed that the [00 foot reduirement
is mandated by the California Government Code. The City Attorney
responded that Council could prescribe more stringent notice (i.e..
BO0 feet). Mayor Pro Tem Hoesterey felt that by doing so, area
'residents would be aware of the request and raise any concerns at
the time of Planning Commission consideration. He noted that most
other use change requests have a notice requirement of 300-500 feet
and maybe this should be consistent with same. He suggested inves-
tigating the possibility of establishing a notice requirement of
300-$00 feet for day care applications.
Council/staff discussion followed.
Councilmen Edgar felt that the Planning Commission had followed
State mandate, and the City's hands, are tied to do anything more.
It was moved by Kennedy, seconded by Kelly, to appeal New Business
Item No. 7 - Permit to Operate a Large Family Day Care Home at
[378[ Marshall Lane. The motion carried 3-2. Edgar and Saltarelli
opposed. 81
With the City Attorney's. approval, Councilwoman Kennedy requested
that. residents of Marshall Lane receive a hearing notice on the
matter.
It ~aS moved by Edgar, seconded by Kel*ly, to ratify the remainder
of the 'Planning Commission Action Agenda of January [2, [987.
Motion carried 5-0. 80
CITY COUNCIL MINUTES
Page 7, [-[9-87
2o INVESTMENT ~CHEDUm~ ~S OF D~C)~qBER 31, 1986
It was moved b7 Saltarelli, seconded by Hoestarey, to receive and
ftle subject report dated January ~3, lgB7, as ,-ecommended by the
Finance Department. Motion carried 5-0. 50
3. PARKIN6 LS~UES
City Council has recently expressed concern regarding parking
issues impacting new development in Tustin as follows: [) Research
& Development (R&D) parking standards vs. office parking standards;
2) Mid-Size parking stalls vs. compact size parking stalls; and 3)
Pa~tng management strategies such as flex plan to offset traffic
increases and perking needs.
The Community Oevelopment Oirector presented the staff report and
recommendation as contained in the inter-tom dated January
1987, prepared by the Community Development Department. She noted
that with respect to R&D parking standards vs. office parking stan-
dards, staff recommends an amendment to the Municipal Code to
define R&O uses and reduire ¢ sp~ces/[,O00 square feet of. floor
area for such uses~ In this instance, subject matter would be
referred back to the Planning Commission for action.
This rec~mnendation is based on information provided by the Consul-
tant Traffic Engineer which indicated the parking demand for R&D
uses would be the same as general office uses. However, he also
found i~at general office uses generate .Z-3 times more trips as
industrial uses. Therefore, the real issue between R&O use and
o~fice use ia not parking (which is w~at Council expressed interest
about), but traffic volumes.
The Mayor agreed that the matter should be reviewed, and perhaps
reducing the width of spaces, adding more total parking spaces in
these areas, would be very helpful.
Councilman Edgar' stated that the o~ly time for a compromise, in
terms of implementing a given number of compact stalls, is if there
is a private-lot monitoring system to eliminate misuse. It would
be very difficult to implement such a program in an open public
parking area.
Mayor Pro Tom Hoesterey stated that many people avoid compact
stalls. Although compacts ar~ narrower, many are two-domrs, which
means the doom are longer and end up banging into each other.
Consequently, one car will take up two stalls. He would like to
see a movement from compact to mid-size, and maybe more mid-size as
opposed to a reduiram~nt for full-size stalls. Councilman Edgar
concurred, reiterating his covenants regarding an owned facility
w~ere compact parking is disciplined.
Councilwoman Kennedy was opposed to 40% for compact par~ing, since
they can still utilize all of the parking lot, leaving drivers of
full-size cars with limited access to only 60% of the par~ing lot.
The Director of Community Oevelopment responded to Councilwoman
Kennedy that general office use generated Z-3 times more trips than
R&D based on the number of employees per square foot. This infor-
mation was provided not only by the Consultant Traffic Engineer,
but' by the Institute of Traffic Engineering. She stated detailed
information on same would be provided to Council.
Regarding fl ex employee schedules, the Oirector informed Council-
woman Kennedy that such a program could be scaled to whatever the
employment schedule would be at a specific facility. It would
really depend upon the individual circumstance. On joint use,
staff will provide a method of locking in joint uses so that a
shared parking lot does not have one joint use change.
Pursuant to staff recommendation, it was moved by Hoesterey, sec-
onded by Kennedy, to refer the following to the Planning Commission
for review and Fecommendation:
CITY COUNCIL MINUTES
Page 8, 1-19-87
1) Initiate amendments to the Municipal Code to define R&D uses
and establish, parking standards for such uses; increase the
amount of permitted compact parting spaces, the minimum dimen-
sions for such spaces, and decrease the minimum driveway aisle
width; and provide opportunities for joint use of parking ~hen
approved by the Planning Commissiod; and
2) Utilize minimum project size and employee thresholds in requir-
ing parking and transportation system management strategies as
a condition of approval on new projects.
Mayor Saltarellt restated his view that if the ~equtrement for
parting lot landscaping was eliminated, which he feels is hazardous
to pedestrians, more parting spaces could be obtained. Council-
woman Kennedy disagreed.
The motion carried 5-0. 75
XII. OTHER _m~I NESS
1. P~F..ATER FINANCIAL VISIBILITI
Councilman.Kelly stated he had a sample format of a report to pro-
vide greater financial management visibility which he would like to
receive. He will attempt to meet with the Finance Director and
City Manager to present same. 50
Councilwoman Kennedy praised Chelsea's Cafe, which recently opened
at Redhill and Edinger. She suggested the Mayor send a letter of
commendation'to the owners on their extraordinary project. 81
3. oOW~fTOWN PARKI~ STRUCTURE
Counctlwo~n Kennedy was informed that renovation plans for the
parting structure were returned to the builder. Staff has not
heard anytNing for approximately 30 days from their engineer.
Council woman Kennedy reported that downtown merchants suggested it
should be fenced to eliminate any injury to children playing on the
structure. 60
¢; RESOLUTION FROIq CITY OF LAGUNA BEACI( - OCEANIC PARK/NATIONAL
PIL'F~ERVE
Councilwoman Kennedy referenced a letter dated January 5, 1987,
from Laguna Beach Mayor Nail Fltzpatrict, transmitting Resolution
NO. 86-$6 declaring Laguna Beach's intention to create an oceanic
part/national preserve. She received Council consensus that the
matter be agendized for February 2, 1987. 38
5. LARGE l~UCY~ PARKING OVERNIGST ON STREETS
Councilwoman Kennedy raised discussion on the significant problem
of large trucks parting overnight on City streets. Council has
received correspondence from various residents on the subject.
It was moved by Hoesterey, seconded by Kennedy, to appoint Mayor
Saltarelli and the Chief of Police to review the matter and report
back to Council with recommendations for a solution. Carried 5-0.
75
6. COI, I~ENDATION ll) F~NA~CE DIRECTOR
Councilman Edgar commended the Finance Director on completion of
the financial reports recently received by Council. 50
7. SIGNING AT BRYAN/NAIN STREET & NEWIH)RT AVENUE
Councilman Edgar suggested signing at the "Y" intersection of Bryan
and Main Streets, approaching Newport Avenue from the east to
'inform motorists of the transition at that point. 94
XIII.
CITY COUNCIL MINUTES
Page g, 1-19-87
8. GRNIO GPENIN6 C~LEBRATION - Pt~ LAFAtcm
Mayor Saltarelli announced the grand opening celebration of the
Plaza Lafayette at the redeveloped northwest cornem of Newport
Avenue and Irvine Boulevard.
9. PROM)SED ~ ~VELOPER FEES; REQU~ FOR ADdOURNED REGULAR ~k-'l'-
ING
The Mayor noted that the Tustin Unified School District Board of
Education will meet on Tuesday,. January 20, 1987, at which it is
expected they will consider possible imposition of developer fees
for construction of new schools and refurbishment of existing ones.
The Mayor recommended Council direct staff to attend subject meet-
ing to voice Council concerns relative to establishing a proper
administrative procedure prior to implementation of any urgency
ordinence, so that the business of processing in the City will
remain intact.
Consequently, ~e recommended Council adjourn to an Adjourned Regu-
lar meeting on W~nesday at 4:00 p.m. in the event discussion of
subject matter becomes necessa~. This would then afford Council
the opportunity to agendIze any necessa~ action or promulgation of
administrative procedures relative to the school district's poten-
tial action Tuesday evening. Council concurred, gO
~FIC)JU. ADJOURNMENT - FI~ANK JOSEPH HAHN
Mayor Salt~re)li requested the meeting be adjourned in memo~ of
Frank JoSeph Hahn, an 83-year old Tusttn resident w~o recently
passed away. H~ was a member of the Knights of Columbus since
1959. Funeral ass to be conducted Tuesday morning at S~dleback
Chapel. 84
R£~ - CLOSED ~I~N - AD~OURI~ENT
Mayor Saltare)lt announced that the City Council will. recess to a
Closed Session to consider personnel matters pursuant to Government
Code Section 54957.
At 8:41 p,m., it was moved b}~ Kennedy, seconded by ~d~ar, to recess to
a Closed Session to consider personnel matters pursuant to Government
Code Section 54957, and thence to the Redevelopment Agency; and thence
adjourn to an /~journed Regular Meeting on Wednesday, Janua~-y 21, 1987,
at 4:00 p.m., and thence to the next Regular Meeting on Monday,
February 2, 1987, at 7:00 p.m. Carried
10o
J~ CLgRKF-
MINUTES OF A REGULAR ME~'TIN6
OF THE REDEVELOPMENT AGENCY OF
THE CI.TY OF TOSTIN, CALIFORNIA
JANUARY 19, lg87
1. CJUJ. TO ORDER
me meeting was called to order at 8:¢1 p.m. by Chairman Saltarelli in the
City ~uncil Cha~ers. 300 Centennial Way, Tustin. California,
Oonald J. Saltarelli, Chairman
Ronald B. Noesterey, Chairman Pro Tam
Richard B. Edgar
John Kelly
Ursula E. Kennedy
Agency P~mbers Absent: None
Others Preseht: William A. Huston, Exec. Director/City Manager
Mary E. Wynn, Recording Set.friary
James G. Rourke. City Attorney
Robert S. Ledendecker, Public Works Director
Christine Shtngleton, Com. Dev. Director
Charles R. Thayer, Chief of Police
Ronald A. Nault, Finance Director
Royleen A. W~ite, Dir. of Cam. & Admin. Services
Susan Jones, Recreation Superl ntendent
Janet Hester, Administrative Secretary
Approximately 10 in the audience
3. APPROVAL OF MINUTES - JANUARY 5, 1987, RE6ULAR MEETING
It was moved by Hoestereyt seconded by Kennedy, to approve Minutes of the
January 5, 1987, Regular Meeting. Motion carried 5-0.
4. APPROVAL OF OFJ4Am~
It was moved by MoesteKey! seconded by Kennedy, to approve Demands for the
month of December, 1986, ~n the amount of $10,440.90 as r~commeflded by the
Finance Oepartment. Carried 5-0. 60
5. PARKZNG ~NT ~ 333 ~'1 CJ~I/(O REAL
Proposed agreeme~ allows the grantee to make monthly, non-refundable pay-
· entS tO the Redevelopment Agency for parking as permitted by Specific
P~an No. 1. Once the downtown parking structure is repaired and reopened,
the agreement allows Be applicant to lease the required five spaces from
the structure.
It was moved by Kennedy~ seconded by Edgar, to approve the Agreement and
Grant of Parking Rights with Richard Rengel; and authorize the Chairman
and Recording Secretar7 to execute same for 333 E1 Camino Real as recom-
mended by the Community Development Department in the inter-rom dated
Janua~ 19, 1987. The motion carried 5-0. ¢$; 87-10
6. OTHER NUSINESS
Mayor Pro Tam Hoesterey was informed that the project developer of Ruby's
Restaurant is having financing problems. The matter should come back for
design review, hopefully within 60 days.
7. ~OUR~NT
At 8:¢4 p.m., it was moved by Edgar, seconded by Hoesterey, that the meet-
ing be adjourned to the next Regular Meeting on Monday, Pebruary 2, ~987,
at 7:00 p.m. Carried 5-0.
Agency Members Present:
RECOR,~NG SECRE[,/~RY