HomeMy WebLinkAboutMINUTES OF 03-16-87II.
III.
HIIIUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
MARCH 16, 1987
CALL TO 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 Councilman Hoesterey, and the Invocation was given by Councihnan
Saltarelli.
ROLL ~L
Councilpersons Present:
Councilpersons Absent:
Others Present:
PUBLIC HEARING
1. PROPOSED AIINEXATION
87-35
Richard B. Edgar, Mayor
Ursula E. Kennedy, Mayor Pro Tem
Ronald B. Hoesterey
John Kelly
Donald J. Saltarelli
None
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
Ronald A. Nault, Finance Director
Royleen White, Dir. of Com. & Admin. Srvcs.
Ronald Wolford, Engineering Service Manager
Susan Jones, Recreation Superintendent
Jeff Davis, Senior Planner
Janet M. Hester, Administrative Secretary
Approximately 80 in the Audience
NO. 141, PROSPECT/VANDENBERG - RESOLUTION NO.
Subject hearing was an information hearing, not'a protest hearing,
to provide residents an opportunity to express concerns/views on
the matter. A petition was filed requesting annexation of an area
bounded on the north by Vandenberg Lane, on the east by Prospect
Avenue, on the south by Sherbrook Lane, and on the west by present
City boundary. The area consists of 182 single-family residences
and is zoned E-4.
The Community Development Director presented the staff report and
recommendation as contained in the lnter-com dated March 16, 1987,
prepared by the Cmmunity Development Department.
The public hearing was opened by Mayor Edgar at 7:03 p.m.
Winston dewson, 17662 Sherbrook Drive, inquired about the differ-
ence in property tax bills for city vs. county residence. He felt
that annexation will only add anothec layer of government with
which residents must contend. He stressed-that.area residents have
enjoyed an excellent relationship with the City.
Mayor Edgar explained the City's bonded indebtedness for the 1971
Park Bonds and the 1973 Civic Center Bonds. The Mayor highlighted
the benefits of cityhood versus remaining in the unincorporated
area.
The City Manager resPOnded to Mayor Edgar that Council has the
authority to exempt newly-annexed areas from paying on -the bonds.
Councilman Saltarelli clarified Council's policy that in the last
three annexations which Tustin has processed, they have been
exempted from the bonds. He added that Great Western Reclamation
will adjust the trash collection fee for residents in annexed areas
tO Tustin's rate, which is lower than the County rate.
CITY COUNCIL MINUTES
Page 2, 3-16-87
George deffries, Galy Street resident, spoke in favor of the
annexation.
Jerry Well, 1702 Summerville Avenue, expressed concern that current
residents are going to have to help pay for capital improvements in
annexed areas. Mr. Well asked the following questions:
1) How much will it cost the City to bring in each ~arcel?
2) Will the City do a financial impact review for each parcel?
3) Will the information be given to the general public?
4) Will the City establish special assessment districts for any
needed improvements or added maintenance for these parcels?
Mr. Well stated he is no~ necessarily opposed to annexation of
North Tustin areas. He has seen some benefits to the City in doing
soC However, he is concerned that current City residents are being
ignored and will have to pay heavily for these annexations.
Joan Feldman, Sherbrook Drive resident, was informed of the process
being followed for subject annexation as an island annexation. She
spoke in favor of the annexation.
Bruce Amdrew, Norwood Park Place resident, was informed of the
City's policy for tree trimming and tree removal/replacement. He
also spoke in favor of the annexation.
There were no other speakers on the motter, and the public hearing
was closed at 7:25 p.m.
Councilman Saltarelli noted that the Tustin Auto Center and commer-
cial development in East Tustin will be completed over the next
five years. This will provide the City with excess tax revenue.
Rather' than returning any excess to the State under limitations of
the Gann Act, he would rather expend it on areas requesting annexa-
tion to Tustin. It is also their money by virtue of their shopping
in Tustin and creating a sales tax base which is one of the highest
in the State. He closed by stating that none of the proposed
annexations would cause a decrease in services to existing resi-
dents.
Councilman Hoesterey stated that as part of the LAFCO process, it
was Council's direction to negotiate the distribution of property
tax revenue in annexation areas, since the County will save the
cost of services and future capital improvements. From the stand-
point of government costs, duplication of services will be elimina-
ted in an island annexation such as thi-s. On an overall basis,
there will be economy of scale in the cost of total government for
an island annexation which will be realized in the long run in
lower taxes.
It was moved by Hoesterey, seconded by Saltarelli, to adopt Resolu-
tion No. 87-36 which petitions the Local Agency Formation Commis-
sion to proceed with the proposed subject annexation:
RESOLUTION BOo 87-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE "ISLAND" ANNEXA-
TION OF TERRITORY KNOWN AS PROSPECT/VANDENBERG ANNEXATION NO. 141
Mayor Edgar added that transportation is one of the most challeng-
ing problems for both City and unincorporated areas alike. He
stated his personal belief that the opportunity to join forces
through annexation will bring about more effective solutions of
transportation issues for the entire community.
The motion carried 5-0, 24
IV. PUBLIC INPUT
No~e.
Ve
CITY COUNCIL MINUTES
Page 3, 3-16-87
CONSENT CALENDAR
Mayor Edgar wished to clarify' that his Mayoral term will extend from
March, 1987, to February, 1988. The following Mayoral term will then
extend 'from February, 1988, to December, 1988. This was done in
consideration of Council's recent action to consolidate the General
Municipal Election, which was previously conducted in April of even-
numbered years, wit~ the November statewide election.
It was moved by Kennedy, seconded by Kelly, to approve the entire Con-
sent Calendar. Carried
1. AJ)PROVAL OF MINUTES - MARCH 2, 1987, REGULAR MEETING
2. APPROVAL OF OF.I~qJIOS IN THE AMOUNT OF $1,693,184.65
~TIFICRTION OF PAYROLL IN THE AMOUNT OF $169,199.63 50
3. REIMBURSEMENT AGREEMENT FOR SANITARY SEWER FACILITIES
Approved subject agreement between the City and Irvine Ranch
Water District (IRWO) for the completion of IRWD sewer facili-
ties within Assessment District No. 85-1 {Project No. 21392};
and authorized the Mayor and. City Clerk to execute same as
recommended by the Public Works Department/Engineering Divi-
sion. 45; 87-
4o CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES FOR llJSTIN LANDSCAPE
AND LIGiiTING DISTRICT
Approved subject agreement between the City and BSI Consul-
tants, Inc., for preparatian of an annual Engineer's Report for
the Tustin Landscape and Lighting District; and authorized the
Mayor and City Clerk to execute same subject to final approval
of the City Attorney as recommended by the Public Works Depart-
ment/Engineering Division. 45; 87-
S. RESOLJITXO# NO. 87-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER
PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED PROSPECT/VANDENBERG
ANNEXATION NO. 1¢1
Adopted Resolution No. 87-37 as recommended by the Community
Development Department. 24
6. RESOLI~FION NO. 87-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF llJSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER '
PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED LA COLINA/BEVERLY
GLEN DRIVE AMNEXATION NO. 142
Adopted Resolution No. 87-35 as recommended by th~ Community
Development Department. 24
7. RESOLUTION NO. 87-40 - A RESOLUTION OF THE CITY C~UNCIL OF THE CITY
OF TUSTIN APPROVING FINAL TRACT MAP 13044 {SHADOW BROOK)
Adopted Resolution No. 87-40 to approve Final Tract Map 13044
(formerly Tract 12719) filed by the Bren Company as recommended
by the Community Development Department. 99
8. RESOLUTION NO. 87-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF llJSTIN, CALIFORNIA, AMENDING THE SCHEDULE FOR TUSTIN CITY CODE
VIOLATIONS
Adopted Resolution No. 87-39 to bring all parking fines into
line with current costs, which has not been updated since 1981,
as recommended by the Police Department. 82
9. REJECTION OF CLAIN NO. 87-3; CLAIMANT: LEJLH MARIE FISHER; DATE OF
LOSS: 12/4/86; DATE FILED wITH CITY: 1/12/B7
Rejected subject claim for ~nedical expenses and general damages
in the amount of $8.5 million .as recommended by the City Attor-
ney. 40
10. REJECTION OF CLAIM Nb. 86-53; CLJ~IMANT: FILRNK LAWSON; DATE 'OF
LOSS: 10/31/86; DATE FILED WITH CITY: 11/13/86
Rejected subject claim for property damage in the amount of
$300.00 as recommended by the City Attorney. 40
CITY COUNCIL MINUTES
Page 4, 3-16-87
11. REJECTION OF CLAIM NO. 87-7; CLAINANT: NARTIN SOLSERG; DATE OF
LOSS: 1/19/87; DATE FILED WITH CITY: 1/23/87
Rejected subject claim for property damage in the amount of
$1,005.70 as recommended by the City Attorney. 40
12.
REJECTION OF CLAIM NO. 87-5; CLAINANT: BRIAN JANES. WORTNRN; DATE
OF LOSS: 10/6/86; DATE FILEO WITH CITY: [/14/87
Rejected subject claim for personal injuries in an unknown
amount as recommended by the City Attorney. 40
AGE I~)A OROER
IX. NEW 8USI NESS
2. TUSTIN ARFu~ SENIOR CENTER: FUND IL~ISING READINESS ASSESSMENT
REPORT
Council concurred with Mayor Edgar's request to consider ~ubject
item at this point in the agenda to accommodate the number of
seniors in the audience.
The Director of Community and Administrative Services introduced
Robert B. Sharp, President of Gary W. PhilliPs & Associates, who
was retained in September, 1986, to conduct a fund-raising campaign
readiness assessment for the Tustin Area Senior Center.
Mr. Sharp made a 30-minute overhead slide presentation outlining
his firm's findings and recommendations, as contained in the draft
report dated February 27, 1987. He provided background on the pro-
cess used in conducting the funding feasibility study for the
senior center project; he identified the principal objectives of
the study; he noted the favorable and unfavorable factors of the
external market; and he explained the contribution assessment
chart, leadership level support, and professional conclusions.
Joe Monroe, 130 Orangewood Lane, raised several questions regarding
the assessmeht report, to ~hich Mr. Sharp and Councilman Hoesterey
responded.
There were no other speakers on the matter.
It was moved by Hoesterey, seconded by Kennedy, to
1) Direct staff to negotiate with the firm of Gary Phillips &
Associates, and report back to Council on April 6 with a recom-
mendation on what is required to proceed with the fund-raising
can4)aign; and
2) Continue to obtain input from the Steering Committee for a
Senior Center (SCSC) and others in reference to organizational
aspects, and report back to Council on April 6 with an indica-
tion that the organizational responsibilities necessary to pro-
reed through the next phase are being established.
Council discussion fJllowed. Councilman Saltarelli suggested that
since 'next year's Redevelopment tax incre~nent will be sizable
financially, why not proceed by advancing the additional $600,000
for construction costs with City funds, to be repaid through fund-
raising efforts if necessary. 'This would accelerate construction.
Councilman Kelly requested research into the overall feasibility of
a seni.or citizen radio station at the center, as well as cable
television, as suggested by Mayor Pro Tem Kennedy. Councilman
Hoesterey note~ that the mechanisms are set up for incorporating
such ideas.
Mayor Edgar stressed the essence of an optimistic, specific date
for groundbreaking. Councilman Hoesterey stated that he expects
that to be included in the proposal to como back to Council on
April 6.
The motion carried 5-0. 41
CITY COUNCIL MINUTES
Page 5, 3-16-87
Ai~NGA OROER
VIII. OLD BUSINESS
3. PRESENTATION REGARDING '/OR AT u'OHN WAYNE AIRPORT
With Council's concurrence, Mayor Edgar introduced Jay Maag, Air
Traffic Manager at John Wayne Airport for the Federal Aviation
Administration (FAtAl. He is also public affairs and community
relations representative for FAA for Orange County and the Long
Beach area.
Mr. Maag made a lO-minute presentation on the matter. He provided
a brief history of the VOR from the time of its commission in 1971,
to its decommission in 1987. He explained how the VOR operates.
Mr. Naag stated that the ILS (Instrument Landing System) approach
{still in operation) is a more precise navigational aide.
Mr. Maag described the events leading up to decommissioning of the
VOR when the building in Santa Ana's Hutton Centre reached the
eighth floor. He. noted that the VOR will not be turned on in its
present location. The F~ is working with Orange County manage-
ment, looking at various s~ort-term and long-term solutions to pro-
vide more than one approach to the airport for even distribution of
noise.
Mr. Maag responded to Council questions. He stated that the noise
issue is each airport's responsibility. The FAA does not own air-
ports. He described criteria the FAA has for airports, and the
services it provides as airports develop and qualify for same.
Councilman Hoesterey encouraged Council to take necessary action to
at least establish the traffic Patterns that existed before the VOR
was deco~missioned. Mr. Maag explained that the VOR issue is
unique in that the developers have agreed to pay for relocation of
a new VOR.
From the standpoint of future review of high-rise buildings around
the airport, FAA determinations do not prevent their construction.
The only leverage available to the FAA when a local agency issues a
building permit, even after it has been determined to be either a
· hazard to navigation or safety, is that it provides airports with
grant money which has many stipulations attached. If those stipu-
lations are not met, i.e., a building constructed against their
determination, the FAA can de,and return of the grant funds.
A ~nicrowave system is being considered, which would be a long-term
Solution because it would allow pilots to fly different types of
approaches. Councilman Saltarelli expressed preference for same
because of the ability to share 'impacts over broader areas with
better control.
Mr. Maag responded to Mayor Pro Tom Kennedy that he was present to
provide information on the VOR, not to take back any action to the
F~LR. He explained the difference between a navigation hazard and a
safety hazard. Mr. Maag stated that he personally felt the City of
Santa Aha should not have issued a building permit for subject
building. Normally when the FAA makes a presumed hazard determina-
tion, that usually stops the responsible agency frmn issuing the
building permit.
He further stated that the City of Santa An~ had the authority to
stop construction of subject building. The FAA has no recourse on
that now. For some reason, the County of Orange had no recourse in
stopping its construction either. He suggetted Tustin contact the
County of Orange on the matter, since they do own the airport.
Councilman Kelly was informed that the FAA regional headquarters in
Los Angeles does have sone noise monitoring equip,nent. The FAA has
monitored noise in different areas around Los Angeles International
Airport. Relative to helicopter noise in the East Tustin Browning
Corridor, Mr. Maag stated it may or may not be an 'issue the FAA
w~ll deal with.
CITY COUNCIL MINUTES
Page 6, 3-16-87.
Mayor Edgar expressed Council's frustration and fear that there may
be other buildings or issues being considered with similar or worse
impact. Yet until there's any final determination from FAA, Tustin
is not even aware of what the issues are. He felt Tustin must do
more vigorous and peceptive monitoring. Mr. Maag noted that the
cities of Costa Mesa and 1trine have been ver~ responsive on such
issues and had been working on moving the VOR up until its decom-
mission.
Councilman Saltarelli commended the air traffic controllers on
doing an excellent job under very difficult conditions. Mr. Maag
stated that the charted visual approach is a good solution to this
dilemma. He cited several airports throughout the country who have
instituted it in the last 5-6 years as a community effort.
Nayo~ Pro Tem Kennedy expressed concern regarding the mix of com-
mercial and general aviation at John Wayne Airport.
The Council thanked Mr. Maag for his presentation. Mr. Ma~g was
asked to help convey to FAA Council -concerns and desires to con-
tinue and expand operations at John Wayne Airport on a fair share
basis.
It was moved by Hoesterey, seconded by Saltarelli, to authorize the
following:
1) That Tustin become actively involved in discussions with the
County of Orange to advise them of Council's position on the
matter;
2) That a letter be sent to John Wayne Airport Manager George
Rebella, explaining Tustin's desire to reinstate even distribu-
tion of flights by locating a new VOR westerly of the airport
vs. easterly, so that the approach pattern will be similar to
that used before the VOR was decommissioned; and
3) That a letter be sent to the City of Santa Aha requesting they
coordinate future high-rise building plans, particularly in the
airport area, to be absolutely certain they will not be hazar-
dous to surrounding communities, prior to issuing building per-
mits.
Council discussion followed. The motion carried 5-0.
Vl. OI~DII(~NC£ FOR IMI'ROI)U~I'ION
101
1. COHMERCIAL TRUCK PARKING - ORDINANCE NO. 982
At its ~eting of February 2, 1987, City Council directed the City
Attorney to revise City ordinance to all ow tow-away for violation
of commercial truck parking restrictions.
It was moved by Saltarelli, seconded by Hoesterey, that Ordinance
NO. 982 have first reading by title only. Carried 5-0. Following
fi-rst reading by title only of Ordinance No. 982 by the City Clerk,
it was moved by Kennedy, seconded by Hoesterey, that Ordinance No.
982 be introduced as follows:
ORDINANCE NO: 982 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 952 RELATING TO PARKING
OF COMMERCIAL VEHICLES
The motion carried 5-0.
VII. ORDINANCES FOR ADOPTION - None.
VIII. OU) BUSINESS
1. PETERS C~J(YON REGIOItAL PARK MEMORANDUM OF UNDERSTANDING (MOu)
75
Minor 'adjustments have been made to the MOU since its March 3,
· 1986, approval. The County has agreed the City will participate in
park planning to insure facilities are compatible with the East
Tustin Specific Plan.
CITY COUNCIL MINUTES
Page. 7, 3-16-87
It was moved by~ Saltarelli, seconded by Hoesterey, to approve in
concept the Memorandum of Understanding which win come back for
Council's formal approval once the County of Orange has acted on it
as recommended in the inter-rom dated March 4, 1987, prepared by
the Administrative Services Department.
After a brief question-and-answer period, the motion carried 5-0.
45; 86-13
HXTCHELL AVENUE - HEATHERFIELD DRIVE llAFFIC CONCERNS
On October 6, 1986, Council directed staff to send a letter ques-
tionnaire to all potentially affected residents to determine
whether they would favor the proposed permit parking program.
Staff has compiled results and comments from residents, and listed
Council action alternatives.
Poiice Chief Thayer presented the staff report and recon~mendation
as contained in the inter-rom dated March 11. lg87, prepared by the
Police Department.
William Ross, 1435! Heatherfield Drive, relayed problems associated
with parking of vehicles owned by non-residents of Heatherfield
Drive. He spoke in favor of a permit parking system. He was
opposed to on-street parking prohibition between 2-6 AM.
Carol Bone, 14312 Heatherfield Drive, spoke in favor of a permit
parking system on behalf of the majority of Heatherfield Drive
residents.
Bill Grimshaw, 14282 Heatherfield Drive, spoke in favor of a permit
parking system, even if only enforced during the hours of 2-6 AM.
The Police Chief responded to Mayor Edgar that a permit parking
system between 2-6 AM is a logical possibility. He cautioned that
once it is allowed, requests for same will be plentiful throughout
the City. The Chief noted that the parking violation fine is
$37.50.
It was then moved by Saltarelli, seconded by Edgar, to institute a
permit parking system for Heatherfield Drive residents between the
hours Of 2:00 a.m. and 6:00 a.m., and schedule the matter for Coun-
cil review six months from initiation.
Kathy Guy, 1¢282 Heatherfield, complained that her vehicle was
singled out and cited, although a neighbor's vehicle was parked
identically. The Chief invited Ms. Guy to bring her citations to
his office and he would be happy to speak to her on the matter.
Councilman Hoesterey reminded Council thaK red curbing was
installed on Mitchell due to the nund)er of recreation vehicles
parked along the street, which was a safety hazard of block~ visi-
bility for vehicles exiting driveways.
Following Council discussion, the motion carried 5-0. 75
As a fOllow-up to Council dialog, it was moved by Kennedy, seconded
by Kelly, to direct staff to reassess the red-curbing on Mitchell
Avenue. Carried 5-0. 75
Mary doe Ettleman, Heatherfield Drive resident, reported that the
Director of Public Works had informed her father that the red curb-
ing has been removed, although it has not.
3. PRESENTATION REG~.RDING VOR AT JOHN WAYNE AIRPORT
See Pages 5 and 6 of these Minutes.
CITY COUNCIL MINUTES
Page 8, 3-16-87
IX. NEW BUSINESS
1. 1987 TUSTIN TILLER DAYS - ORAL REPORT
Mayor Edgar welcomed Linda Andrews, new Tiller Days Chairperson,
who presented an oral report on the 1987 Tustin Tiller Days. She
reported on Committee meetings tO date.
She presented a proposed budget requesting financial support from
City Council in the amount of $7,500. She reported an outstanding
bill for $1.500 that was an under-estimate for electrical and phone
needs which was given to her by Mr. Teter. In order to pay that
and begin reserving carnival rides, she requested that Council
advance the funds at this time.
It was moved by, Saltarelli. seconded by Hoesterey, to authorize
allocation of $7,500 for the""[g87 Tustin Tiller Days. The motion
carried 5-0. ~
Ms. Andrews announced that 1987 Tustin Tiller Days will run through
October g. 10 and 11. lgB7.
TUSTIN, AREA SENIOR (;ENTER: FUND RAISING READINESS ASSESSMENT
REPORT
See Page 4 of these Minutes.
3e
SITE PLJUI/OESIGN REVIEW 87-3: SPOONS RESTAURJUIT, 13741 NEWPORT
AVENUE - RESOLUTION NO. 87-31) (Reference Redevelopment Agency
Agenda, Item No. 5)
The applicant bas submitted a site plan and architectural design to
erect a one-story 5,252 sq. ft. Spoons Restaurant in Tustin Plaza,
immediately adjacent to Newport Avenue, south of the center's main
entrance.
Following consideration of the inter-com dated March 16, 1987,
prepared by the Con~nunity Development Department, it was moved by
Saltarelli, seconded by Hoeste~, to adopt Resolution No. 87-38
with the following addition: Except as to color which shall be
determined by the property owner."
Councilman Saltarelli stated that Council should not determine what
color awnings will be. That should be left to the developer.
Mayor Pro Tem Kennedy rebutted that Tustin has become the beautiful
city it is today because of Council's demand from the development
community to meet the highest standards in Orange County, including
one of the toughest sign codes.
Councilman Saltarelli and Mayor Pro Tem Kennedy ensued in debate on
the matter.
The Community Development Director interjected that the proposed
awning colors are pink, yellow, purple, dark green and vertigo.
It has never been staff's determination to want to dictate color.
Philosophically, doing so without providing some flexibility to the
developer would be beyond staff's authority under site plan
review. However, staff does feel that contrasting colors are
desirable, but they should be compatible with the center.
The developer has agreed to a condition where he would submit Cwo
or three additional samples for staff review to determine compat-
ibility. In the event that no agreement is reached between the
developer and staff within 30 days, the matter would go back to the
Redevelopment Agency at its next meeting after 30 days for fina~
determination on alternatives. The developer did co.nit to that
agreed modification, as well as some other minor revisions to the
resolution.
The motion w~s amended by Saltarelli, seconded by Hoestere~, to
adopt Resolutlo~ No. 87-38 with n~difications to Exhibit "A" as
follows:
-5.
CITY COUNCIL MINUTES
Page 9, 3-16-87
Item 3 shall have an additional paragraph to read - "In the event
'~1~'~-'6-o agreement on awning color can be reached between Spoons and
the Director within .30 days of approval of this resolution, deter-
mination of awning color shall be made by the Redevelopment Agency
at their next scheduled meeting."
Item 17 shall read, "Umbrellas used in the outdoor seating area
shall not display product names."
Item 18 shall read, "'No Parking' signage and red curbing shall be
installed on the main driveway aisle. Palm trees shall not be
romoved."
RESOLUTION ND. 87-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF A RESTAURANT TO BT
LOCATED AT 13741 NEWPORT BOULEVARD
The motion carried 4-1, Kennedy opposed.
81
4. LA#DSCAI~ MAINltNANCE DISll~ICT - FAST TUSTIN
Formation of subject district would provide landscaping maintenance
of the area between the back edge of the sidewalk and exterior
walls of adjoining subdivisions. The estimated cost of said
maintenance would be $10-$12/month/parcel assessed through the
property tax bill. The district would be administrated by the
City. All City costs would be included in the monthly assessment,
resulting in no additional City expenditures.
The City Manager presented the staff report and recommendation as
contained in the inter-com dated March 10, lg87, prepared by the
Public Works Department/Engineering Division. Council discussion
followed. The City Manager responded to Council questions.
Norman Witt, Manager of Public Financing Districts for The Irvine
Company, responded to Council that the issue is really whether to
form a landscape maintenance district administered by the City or
whether to allow homeowners' associations to assume that responsi-
bility. The residents will pay one way or another, and the objec-
tive is to give the homeowner the best value, through a hmneowners'
association or through a landscape district.
Mr. Witt explained that the process would be to direct staff to
hire a consultant to prepare a detailed analysis and report back to
Council with a preliminary engineer's report. This will provide a
more definitive idea of the cost per parcel. Normally as part of
this review, the consultant will do a project out for 5 years. At
that point Council will have the opportunity to review the report
and then set a date for the public hearing to confirm formation of
the district.
It was moved by Hoesterey, seconded by Kennedy, to approve the con-
cept of the formation of a 1972 Landscape and Lighting District
within the East T~stin area; and direct staff to solicit proposals
from cohsultants to provide the engineering services for the forma-
tion of said district as recommended by the Public Works Depart-
ment/Engtneering Division. The motion carried 5-0. 86
EAST ~IJSTIN POLICY COI~qII"FEE RECOI~ENDATIONS
Mayor Edgar requested Council consideration of policy recommenda-
tions pertaining to the East Tustin Specific Plan made by the East
Tustin Steering Committee, to which he and Mayor Pro Tem Kennedy
were appointed by Council. He noted that The Irvine Company has
requested an opportunity to review details of the policy. There-
fore, Council has the option to either affirm the policy reco~mnen-
dations or direct the Co~nittee to meet with staff and The Irvine
Company to review the policy, make revisions.,etc.
Mayor Pro Tem Kennedy stated she did not know until just prior to
the meeting that The Irvine Company had made such a request. She
fel% it inappropriate that they review Council policy. It is not
in ordinance form. It simply shows Council concern for the East
Tustin Plan of which The Irvine Company should be aware.
CITY COUNCIL MINUTES
Page lO, 3-16-87
The motion by Kennedy to approve the East Tustin Policy Committee
as contained in the inter-tom dated January 26, 1987, prepared by
the City Manager died for lack of a second.
Councillnan Hoesterey stated he has concerns in areas of administra-
tion of low-income housing, which he thought would be appropriate
to discuss with the committee. He favored deferring the matter f6r
two weeks for further Council review,
Mike Ellis, The Irvine Company representative, stated that their
intention in asking for deferral was not to set Council policy.
They would simply like time to review the matter and submit com-
ments, data, exhibits, or whatever may make it easier for Council
to develop policy statements.
Councilman Saltarelli concurred that it would be wise to defer the
matter. Basically, he felt the direction of the policy recommenda-
tions were very good. However, he voiced concern about the loca-
tion of affordable housing which should be determined on a case-
by-case basis. Secondly, he felt that meandering sidewalks should
not be combined with elevations similar to Laurelwood where it has
become an annoyance.
It was then moved by Edgar, seconded by Hoesterey, to agendize the
~atter for April 6 and direct the Coe~nittee to meet with staff and
The Irvine Company representatives to review same. The motion car-
ried 5-0 (Kennedy under protest}. 81
SURPLUS SO(OOL SITES
Consideration was given on whether the City Council should exercise
the option to purchase surplus school sites. The City Manager
presented the staff report as contained in his inter-tom dated
March 16, 1987.
Councilman Hoesterey recommended that Council at least begin the
negotiation process .and notify Tustin Unified School District
(TUSD) of Council interest in the administration site, Sycamore
School site, and perhaps Guinn Foss. He felt it incumb6nt upon
Council to identify the funding mechanisms to be used should it be
successful in bidding for those sites.
~yor Edgar expressed concern 'to preserve open land areas. He
acknowledged that the Santa Aha site is inappropriate. However, he
felt Council should consider the o~her seven sites. As Council
proceeds to identify how to fund them, it may be confronted with
having to back off. However, he would rather do so than to have
lesser direction and never have the opportunity to expand.
Councilman Hoesterey expressed concern that the first step in the
process is an appraisal, which would be a heayy expenditure for all
seven sites.
Councilman Saltarelli noted that the law allows the City to pur-
chase the sites' at 25% of appraised market value, which is the best
deal the Council will ever have in the City's history. The City
Attorney responded that subject provision is limited to open areas
and would not be applicable to the administration site.
Councilman Saltarelli stated that in addition to the Santa Aha
site, he did not feel the City should bid on the administration
site. The City presently has a senior center proposal and a park
adjacent to the site which would denigrate the City's ability to
purchase it at less-than-market value.
Councilman Saltarelli felt the City should purchase the remaining
sites within Tustin's sphere of influence for temporary use as
child care centers. This would bring revenue to the City until the
School District either changes its policy or needs to buy them
back. He saw this as a way of preserving open space in an area
with no park system whatsoever.
u~r¥ COUNCIL MINUTES
Page 11. 3-16-87
The City Manager reminded Council that the City has only 60 days to
negotiate, unless the District extends that period. It will take a
minimum of 30-45 days, probably BO days, just for appraisals. The
City could spend up to $10 thousand per appraisal. In addition,
there is the issue of financial feasibility and land use implica-
tions. He stated that to consider one site would be difficult, to
consider all the sites is virtually an impossible task unless Coun-
cil is willing to spend a substantial amount of money to study this
very complex issue. Councilman Saltarelli stated it would be worth
every penny.
Mayor Pro ,Tam Kennedy expressed interest in the administration
site, even at fair market value. She also expressed interest in
any site that could reasonably end up in the City's boundaries.
Arnold Kluender, 1290! Eveningstde, referenced a letter to Counci-Y
signed by himself, Russell Abbott, and Oonald Belveal, proponents
of Annexations No. 13g, 140 and 142, respectively. He spoke in
favor of City acquisition of the six school sites to preserve open
space. The Mayor thanked Mr. Kluehder.
Mayor Edgar suggested that Council address the sites one area at a
time. He directed Counctl consideration to the administration
site. Acquisition of same would enable the City to expand Pepper-
tree Park and it would enhance the Senior Center. Funding availa-
bility would come from the Redevelol~ent area.
It was moved by Kennedy, seconded by Kelly, to direct staff to ·
take the necessary steps to acquire the Administration building
site.
Council discussion followed.
The City Attorney responded to Councilman Hoe~terey that the City
is excluded from directly purchasing sites outside of its bounda-
ries at 25% of appraised value. One possibility would be if the
County entered a cooperative effort to purchase sites in the
unincorporated area at 25% of appraised value, and then sold th~n
tO the City. There is a llmitation on these purchases because the
buyer must agree to maintain them as open space.
After'further discussion, the motion carried ¢-1, Saltarelli
opposed.
Mayor Edgar next directed Council consideration of the Sycamore and
Guinn Foss school sites, located in areas presently in annexation
proceedings.' {Annexation No. 140 - Sycamore School; Annexation
No. 143 - Guinn Foss.) The City would need the County's coopera-
tion to enable the City to proceed with their acquisition.
Council/staff discussion followed.
It was moved by Kennedy, seconded by Saltarelli, to direct staff
to:
l) Notify the TUSD Board of Education of the City's intent to pur-
chase the Sycamore and Guinn Foss sites, and
2) Request the County Board of Sqpervisors' cooperation and assis-
tance in acquiring same.
The motion carried 5-0.
Lastly, ~ayor Edgar directed Council consideration to the remaining
four sites - Del Notre, .Redhill, Cerritos, and Mildred Morrow.
They are in areas which he doesn't envision being annexed to Tustin
for a number of years. Yet, he would-like to preserve the open
space, but was not aware of any legal opportunity to do so.
Councilman Saltarelli felt Council should take whatever steps it
can, including a bond issue, to purchase subject sites, even if
they're outside the City and have to be purchased ac market va)ur.
He saw it as a last chance to preserve open space in a highly
urbanized area.
CITY COUNCIL MINUTES
Page 12, 3-16-87
Councthnan Hoesterey rebutted that Tustin should not be obligated
to step in and use its tax dollars to preserve recreational area
outside of its boundaries. There are certain sites that definitely
can be consCrued to be part of the City. Perhaps the County should
step in at this point to preserve those.sites with future dedica-
tion rights, should they ever become part of the City.
Councilmembers Hoesterey and Salt~relli debated the matter.
Mayor Pro Tem Kennedy wondered if the City ~ould assist and advise
the Foothill Con~unities Association and the North Tustin Municipal
Advisory Council to contact the Board of Supervisors to give them
the parkland w~ich they don't have. Mayor Edgar and Councilman
Hoesterey were not in favor of doing so.
Mayor Edgar stated he is personally in favor of taking initial
steps to preserve the four rmnaining sites. Council may be forced
tO back off because of costs or other factors. But he thought
interest should at least be initiated. Councilman Saltarelli con-
cuffed that there should be a way of trying to preserve this most
valuable resource in the area.
Councilman Hoesterey expressed concern in expending $10,000 per
parcel for appretsals. He did not think it's the City's responsi-
bility to protect the entire County area.
It wms moved by Saltarellt, seconded by Edgar, to initiate steps
for acquisition of the tour"remaining school sites - Del Notre,
Cerritos, Mildred Morrow and Redhill. The motion carried 4-1,
Hoesterey opposed. 90
REPORTS
1. Pt. ANNING O)IeelSSION ACTIONS - I~RCH 9, 1987
It was moved by Hoestereyt seconded by Saltarelli, to ratify the
entire Planning C~mmission Action'Agenda of March 9, 1987. The
motion carried 5-0. 80
Xl. OTI4Lq BUSINESS
1. REQUEST FOR CLOSED S~SSION
The City Attorney requested a Closed Session to be held pursuant to
Government Code Section S4956.g regarding litigation entitled
Baldwin vs. City of Tusttn. 40
2. AWAR~-#INNIN6 SIGMJ~E IN PLAZA LAFAYEYTE
Councilman Kelly reported that the designer of the pole type iden-
tification sign in Plaza Lafayette (golden rooster) won a merit
award at the Orange County Ad Club, which is a very prestigious
honor. He requested that a letter of congratulations be sent to
Dan Bish,'de~igner of the sign. 84
3. FINANCIAL R~PORTII~ COI,~ENDED
Councilman Kelly complimented the Finance Director on the financial
reporting he recently received. 50
4. FAREWELL TO COUNCILNAN DONALD d. SALTARELLI
Councilman Kelly sang an eloquent, personalized version of "Oonny
Boy" as a farewell to Donald J. Saltarelli upon his resignation
from City Council. The audience and Council applauded Councilman
Kelly. 38
5. CORRESPONDENCE. TO SECRETARY OF NRVY RE HELICOPTERS
Council concurred with Mayor Pro Tem Kennedy's request that a let-
ter be sent to the Secretary of the Navy on the issue of the heli-
copters. 103
SENATE BILL 97
CITY COUNCIL MINUTES
Page 13, 3-16-87
The City Manager responded to Councilwoman Kennedy that staff has
reviewed Senate Bill 97 and is COl~nunicating with Marian Bergeson
on the same which is the developer fee clean-up bill. 61
CONGRATULATIONS TO FINANCE DIRECTOR
Councilman Hoesterey congratulated the Finance 01recbor on
excellent award he recently received.
8. LOW-FREQUENCY NOISE IN PEPPERTREE AREA
the
50
Councilman Hoesterey reported he has received calls fron residents
regarding low-frequency and loud paging system noises in the
Peppertree area. He requested that staff investigate same. 56
9. NANOATUI~Y ORUG TESTING
Councilman Saltarelli reported that Senator Seymour has introduced
a bill regarding mandatory drug testing for specific jobs related
to safety and high risk. He encouraged Council to review same. 79
LETTER OF THRNICS TO CONGRESSMAN BAOHAM
11.
Councilman Saltarelli requested that Mayor and Council send a let-
ter to Congressman Badham and thank him for his diligence in pur-
suing the matter of the Super Stallion CH-$3E Helicopter. 103
EFFECTIVE lATE OF RESIGNATION - DONALD J. SALTARELLI
Councilman Saltarelli announced that the effective date of his
resignation is March 19, 1987. He thanked the Council and previous
Councils for their support for the past years while he has been on
the Council. He also extended thanks to the City Attorney, staff
members, and residents of Tustln. 38
12. PROCLANATION TO OONALO J. SALTARELLI
Mayor Edgar read a proclamation honoring Donald J, Saltarelli for
almost 15 years of service to the City of Tustin as a member of the
City Council. 84
13. COUNCIL APPOINTMENTS
Mayor Edgar made committee appointments for 1987 as follows:
Committee Representative Alternate
O.C. Sanitation District #1 Hoesterey
O.C. Sanitation District #7 Edgar
O.C. Sanitation District #14 Kennedy
Joint Powers Authority, Eastern/
Foothill Transportation Corridor Edgar
O.C. Vector Control Kennedy
League of Cities Hoesterey
NEOCCS Kelly
I-5 Freeway Committee Edgar
Edgar
Kennedy
Edgar
Hoesterey
Kelly
Edgar
14. APPLICATIONS FOR APPOINTMENT TO CITY COUNCIL
Mayor Edgar requested that The Tustin News publish an article
inviting interested residents to submit applications for appoint-
ment to the City Council, replacing Donald J. Saltarelli. 38
CITY COUNCIL MINUTES
Page 14, 3-16-87
RECESS - REOEVELOPI~NT; CLOSED SESSZON - AOJOURNNENT
At 10:43 p.m., it was moved by Kennedy, seconded by Hoes:erey, :o
recess to a meeting of the Redevetopmen: Agency; :hence to Closed Ses-
sion pursuant :o Government Code Sec:ion 54956.9 to confer with :he
City Attorney regarding pending litigation which has been initiated
forma11~ and to which the City is a party (Baldwin vs. City of Tustin);
and thence adjourn to the next Regular Meeting on April 6, 1987, at
7:00 p.m. Carried 5-0.
CIT CL RK
MINUTES OF A REGULAR HEET[NG
OF 1lIE REDEVELOPMENT AGENCY OF
THE CITY OF 1USTIN, CRLIFORNIA
'I~ARCH 16, 1987
1. CALL TO I]RDER
The meeting was called to order at 10:43 p.m. by Chairman Edgar in the
City Council Chambers, 300 Centennial Way, Tustin, California.
2. ROLL CALL
Agency Members Present:
Agency Members Absent:
Others Present:
Richard B. Edgar, Chairman
Ursula E. Kennedy, Chairman Pro Tem
Ronald B. Hoesterey
John Kelly
Donald J. Saltarelli
None
William A. Huston, Exec. Director/City Manager
James G. Rourke, City Attorney
Mary E. Wynn, Recording Secretary
Christine Shingleton. Com. Dev. Director
Charles R. Thayer, Chief of Police
Ronald A. Nault, Finance Director
Royleen A. White, Dir. of Com. & Admin. Srvcs.
Ronald Wolford, E~ginering Services Mgr.
Susan Jones, Recreation Superintendent
Jeff Davis, Senior Planner.
Janet Hester, Administrative Secretary
Approximately 50 in the audience
3. APPROVAL OF MINUTES - MARCH 2, 1987, REGULAR EETING
[t was moved by Kennedy, seconded by Saltarelli, to approve Minutes of the
March 2, 1987, Regular Meeting. Motion carried 5-0.
4. APROVAL OF BEMAJiDS
It was moved by Kennedy, seconded by Saltarelli, to approve demands in the
amount of $1,251,713.78 for the month of February, 1987, as recommended by
the Finance Department. Carried 5-0. 60
SITE PLAJI/OESIGN REVIEW 87-3: SPOONS RESTAURANT. 13741 NEWPORT AVENUE -
RESOL~ION NO. ROA 87-2 (Reference City Council Agenda, New Business Item
NO. 3)
The applicant has submitted a site plan and architectural design to erect
a one-story 5,252 sq. ft. Spoons Restaurant in Tustin Plaza, immediately
adjacent to Newport Avenue, south of the center's main entrance.
As recommended in the inter-tom dated March 16, 1987, prepared by the Com-
munity Development Department, it was moved by Hoesterey, seconded by
Saltarelli, to adopt the following:
RESOL~FTION NO. ROA 87-2 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF A
RESTAURANT TO BE LOCATED AT 13741 NEWPORT BOULEVARD
The motion carried 4-1, Kennedy opposed for consistency reasons.
OTHER BUSINESS
6O
None.
7.
The meeting was adjourned at 10:44 p.m. by unanimous informal consent
the next Regular Meeting on Monday, April 6, 1987, at) 7:00 p.m.
'""YY~ ~-'-- '--~ ~,'~'~'~ 'CHAIRMAN