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HomeMy WebLinkAboutCC 1 MINUTES 02-21-84MINUTES OF A REGULAR ~ETING OF ll(E CITY COUNCIL OF ll~E CI~ OF I'dSTIN, CALIFORNIA FEBRUARY 6, 1984 II. III. CALL TO ORDER/PLEDGE OF A~LEGIANCE/IN¥OCATION The meeting was called to order by Mawr Hoesterey at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Edgar, and the Invocation was given by Councilman Greinke. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tern Richard B. Edgar Frank H. Greinke Donald J. Saltarelli None James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Royleen A. White, Dir. of Admin. & Com. Srvcs. Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Ronald A. Nault, Finance Director Jeff Kolin, Recreation Superintendent Approximately 20 in the audience PUBLIC INPt~T None. PROCLAMATION ' 1. MA.Rll4A HANNAH NORDIN Mayor Hoesterey read a proclamation congratulating and commending Martha Hannah Nordin, sister of Councilman Frank Greinke, on her many contributions and unselfish dedication to the San Clemente community. Mrs. Nordin thanked the Council. 84 PUBLIC )~ING 1. ZONING ORDINANCE A~ND~NT NO. 83-4 - MULTIPLE RESIDENTIAL DEVELOP- MENT S'FAJ(DA,RDS - OPJ)INAJ4CE NO. 906 The Community Development Director presented the staff report and recommendations as contained in his inter-com dated Februacy 6, 1984. After a brief question-and-answer period, Mayor Hoesterey opened the public hearing at 7:08 p.m. There being no speakers on the matter, the public hearing was closed. It was then moved by Greinke, seconded by Edgar, that Ordinance No. 906 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 906 by the City Clerk, it was moved by Greinke, seconded by Edgar, that Ordinance No. 906 be introduced as follows: ORDINANCE NO. 906 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE CONCERNING MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS FOR NEW CONSTRUCTION CITY COUNCIL MINUTES Page 2, 2-6-84 less open space, he suggested a ratio of I to 2.5 or i to 3. Councilmen Greinke and Edgar concurred with the 1 to 3 ratio. An amendmeht to the motion was made by Edgar, seconded by Greinke, to amend Ordinance No. 9Qb requirements for off-street parking to one {1) unassigned open guest parking space for every three (3) units, rather than for every five (5) units. Councilman Greinke thanked the Community Development Director on the format' of the staff report which made comparison of the changes easier, and requested that the method be used in the future. The Community Development Director responded to Mayor Pro Tern Kennedy regarding zoning and corresponding maximum density permis- sible. The motion as amended carried 5-0. 81 VI. CONSENT CALENDAR Item 4 was removed from the Consent Calendar by Greinke. It was. moved by Edgar, seconded by Kennedy, to approve the remainder of the Consent Calendar. The motion carried 5-0. ® APPROVAL OF MINUTES - January 16, 1984 RATIFICATION OF PAYROLL in the amount of $217,111.42 APPROVAL OF OEMAJ4OS in the amount of $553,866.03 5O REMOVAL DF TREES ADJACENT TO TUSTIN I~ADOWS PERIMETER WALL Authorized staff to notify the affected property owners and the Tustin Meadows Homeowner's Association of the tree removals and authorized: the removal of seven Jacaranda trees along Walnut Avenue between Red Hill Avenue and the railroad tracks. 86.1 REQUEST TO REPLACE VACANCY OF MAINTENANCE WORKER Authorized the replacement of the vacant Maintenance Worker position within the Public Works Department as recommended by the Director of Public Works/City Engineer. 79 NOMINATION OF RUBY MAY FOR SECOND ll~RM AS A VOTING ~)~)ER OF THE OP. ANGE COUNTY SENIOR CITIZENS ADVISORY COUNCIL Directed staff to prepare a letter to the Orange County Divi- sion, League of Cities, recommending Ruby May for a second' term as a voting member to the Orange County Senior Citizens Advi- sory Council; authorized the Mayor to sign this letter; and authorized and encouraged Council members to voice their sup- port for Mrs. May to appropriate League officials as recom- mended by the Recreation Superintendent. 41 PYROMUSICAL SHOW FOR 1984 FOURTH OF JULY CELEBRATION Authorized staff to execute a contract with Pyro Spectaculars, Inc. for the 1984 pyromusical show as recommended by the Recreation Superintendent. 45 84-4 RESOLUTION NO. 84-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF PART TIME EMPLOYEES OF THE CITY OF TUSTIN Adopted Resolution No. 84-17 as recommended by the Director of Community and Administrative Services. 79 RESOLUTION NO. 84-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE DESIGNATION OF MANAGEMENT AND CONFIDENTIAL EMPLOYEES Adopted Resolution No. 84-14 as recommended by the Director of Community and Administrative Services. 79 10. RESOLUTION NO. 84-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION {Storm Drain Improvements - Desatoff Construction Company) CITY COUNCIL MINUTES Page 3, 2-6-84 VII. VIII. Adopted Resolution No. 84-18 and if no stop payment notices are filed, authorized payment of the final 10% retention amount as recommended by.the Engineering Department. 11. AGREEMENTS Will{ SANTA FE LAND IMPROVEMENT COMPANY AND J. L. WEBB REGARDING SPECIFIC PLAN AND EIR Authorized the Mayor and City Clerk to execute the two agree- ments. 45 84-5 84-6 12. RESOLUTION NO. 84-1H - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 11829 (South- easterly Corner of Irvine & Holt, 18302 Irvine Boulevard) Adopted Resolution No. 84-15 as recommended by' the Community Development Department. gg 13. 14. ){YFORO ROAD DESIGN AND CONSTRUCTION AGREEMENT Authorized the Mayor to execute the Agreement between City of Irvine and City of Tustin for the design and construction of Myford Road between Michelle Drive and the A.T. & S.F~ Railroad right-of-way as recommended by the Director of Public Works/ City Engineer. 45 84-7 FIRST AMENDMENT TO JOINT STUDY AGREEMENT - PETERS CANYON SPECIFIC PLAN AND FAST TUSTIN SPECIFIC PLA)I CONSULTING AGREEMENT: STANLEY R. HOFFMAN ASSOCIATES Authorized the Mayor and City Clerk to execute the two subject agreements, between the City and the Irvine Company, and between the City and Stanley R. Hoffman Associates, respec- tively. 45 84-8 84-g Consent Calendar Item No. 4 - 15-Year Transportation Investment Plan & Resolution No. 84-16 - Councilman Greinke emphasized the Council's position on the matter that the rapid transit element of the plan must have public review, study, and voter approval. It was then move~ Greinke, seconded by Edgar, to adopt the following: RESOLUTION NO. 84-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING AMENDMENT TO CATEGORY IV - TRAN- SIT OF THE ORANGE COUNTY TRANSPORTATION COMMISSION FIFTEEN-YEAR TRANSPORTATION INVESTMENT PLAN OROINANCES FOR INTRODUCTION None. ORDINANCES FOR ADOPTION ~.~ Carried 5-0. ~ 101 It was moved by Edgar, seconded by Greinke, that Ordinance No. 904 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 904 by the City Clerk, it was moved by Kennedy, seconded byGreinke, that Ordinance No. 904 be passed and adopted as follows: ORDINANCE NO. 904 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY COOE RELATIVE TO COUN- CIL COMPENSATION Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 81 CITY COUNCIL MINUTES Page 4, 2-6-84 IX. Xe CABLE I~LEVISION FRANCHISE TRANSFER - ORDINANCE NO. 905 Pursuant to staff recommendation, it was moved by Greinke, seconded by Edgar, that Ordinance No. 905 be continued as follows: ORDINANCE NO. gO5 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROVING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISION OF TUSTIN, INC. TO UNITED CABLE OF SOUTHERN CALIFORNIA, LTD. The motion carried 5-0. 53 OLD BUSINESS None. NEW BUSINESS 1. EL CAMINO RE~AL C~A~PIONSHIP C~ILI COOKOFF The Recreation Superintendent presented the staff report and recom- mendation as contained in his inter-com dated January 30, 1984. Councilman Greinke suggested distribution of proceeds be done on a rotation basis should this become an annual event. Councilman Greinke also requested that the public be encouraged to utilize the downtown parking structure vs. nearby street parking on the day of the event. Councilmen Edgar and Greinke complimented the Recrea- tion Superintendent for organizing the cookoff. It was then moved by Edgar, seconded by Saltarelli, to authorize the following as recommended by the Recreation Superintendent: 1) Staff to pursue the Jevelopment of a Championship Chili Cook6ff in cooperation with the cookoff advisory committee; 2) Designate the Assessment, Treatment and-Service Center (ATSC) as the charitable organization receiving the funds raised from the event; and 3) Designate E1 Camino Real between Main Street and First Street as the location for the Chili Cookoff. Motion carried 5-0. 41 2. AB 12 and SB 87 Pursuant to Councilman Greinke's request, it was moved by Greinke, seconded by Edgar, to direct staff to prepare a resolution pro- posing a tax deduction allowance for local political campaign financing by taxpayers, in addition to present legislation which deals with state offices only. In response to Councilman Edgar, Councilman Greinke stated that his intent is to recommend such a resolution to the League of Califor- nia Cities, Orange County Division, and ultimately at the State League level. The motion carried 5-0. 61 3. FISCAL YEAR 1983-84 MID-YEAR BUDGET REVIEW Councilman Edgar requested that his comments be included in the Council Minutes. He stated that the material presented is unac- ceptable, to him, although obviously, a great deal of work was done in compiling the material the way it was presented. Fundamentally, Councilman Edgar felt a mid-year review has some very simple dimen- sions of what kind of figures you have, 'i.e., y~u should say how much was spent the fist six months, how much was budgeted for six months, how much is anticipated to be spent in the second six months, and how much is budgeted for the remaining six months.' He stated that the mid-year review says "here's what the budget is, here's what we think we're gonna spend for an entire year," with no intermediate point indicating how well or how poorly we've done. CItY COUNCIL MINUTES Page 5, 2-6-84 One area of concern to Councilman Edgar is the outstanding bonds. Several months ago in anticipation of the mid-year review, he pre- pared a paper which displayed how he thought.the different bonds' · status should be presented and addressed, and they were not. For example, in the park bond issue, there is an estimated revenue of $73,000 and an audited June 30, 1983, balance of $271,000. The $73,000 is the simple product of the tax rate and the amount of assessed value, and does not address the amount of interest the $271,000 will accrue. He felt we should know how much was actually received in the December 10 tax return, how much was received in interest, what was paid out, and what is projected in the next six months. He stated it's particularly important in terms of the park bond, because we will be confronted in the budget (which will be starting soon) w~th what sum of money is chosen to pay off in April, 1985; and the amount paid off will obvibusly be critically related to cash on-hand; so it's important to know how much inter- est income has accrued to this as well as from the taxes. The Civic Center bond is the same issue, although obviously there will be a few more years before it is paid off. The figure for estimated revenue is only the amount of money that came from the tax, and not money that interest would accrue. In terms of the debt service for the Redevelopment Agency, although the figures looked like they might be more credible, Councilman Edgar still felt it important to know how much tax and how much interest was received. Councilman Edgar stated what was most disturbing to' him was the debt service fund of the water service. He stated that Council went to a lot of trouble, only a month or so ago, to uniquely address the fact that we wanted to use debt service money to pay off the proceeds of the bond sale, through the water works stock- holders. He had hoped to see in the six-month sun,nary a beginning balance for the six-month time period, how much debt service money was received, how much interest was received, what payments were made, and particularly how much was paid for the precise payoff of the water works bonds. That would then give a figure of how much cash there would be on the first of January, and then it could be projected for the next six months. He thought those figures are very, very important. In the water budget, Councilman Edgar stated that another element was assumed - the $85,000 payoff for developer advances, which is determined on December 30. He noted that it should not be an esti- mated figure, but should be a precise figure that was established six weeks ago. Again, he felt it would be appropriate to identify the amount of forgiveness that has happened in that time period, which would give a better idea for the existing obligations, in the developer advances. He stated that the ~ements of purchased water indicate an obviously very large increase. The budget reflects a cost of $190 per acre foot, which apparently is increasing by $53. The figures for revenue and expenditures should reflect what the time of that change of rate would be. By factoring that into the purchased water column, it would then give a far better feel for the future in terms of the impact this is going to have. He stated it is obvious that the electrical power has dropped, and that's comforting, but again we should project how this affects us. The bottom line of the entire water fund is that Council has heard that the cash flow situation is very serious, which he has no argu- ment about. But if Council is going to accurately and intelli- gently address the cash flow, they must have a clear figure of what the cash balance is with the deletion of the debt service from that fund. And.they must know what was started with {which he believes is the correct figure for $97,000), how much it is today, and how much it is going to be in the second six months. Looking at the Redevelopment capital expenditures, Councilman Edgar expressed amazement that there is an estimated expenditure of $1.6 million. Council has had discussion in the last few weeks and months on the water well drilling, and if they choose to support CITY COUNCIL MINUTES Page 6, 2-6-84 that to the level of the bond perspectus, half a million dollars might be spent. However, there is over $1 million dollars in capi- tal expenditure funds that is not identified in either the mid-year re~iew or the original budget, and he thought it essential for Council to understand what that is. He continued that in reviewing the capital improvement budget, he had hoped to see a straightforward list of completed projects, pro- jects initiated and not yet completed with an estimated completion date, and- projects that are hoped to be initiated before the end of the year with a commencement date as in y~ars past. Instead, there is a completion estimate of many projects that have not even been initiated, and he suggested that staff use the former reporting system. Regarding issues such as health benefits, risk management funds, etc., Councilman Edgar stated that again, a detail of what money has been put in and what money has been taken out will provide a better understanding, In terms of revenue, he stated that it is evident that sales tax is going up considerably. Yet, it should also be known what it has beenfor the last few quarters, and how it seems to be rising. The City may obviously choose to extrapolate how it's going te increase differently, but the data should be there, rather than an assump- tion that somewhere in the entire $8 million of revenue there is going to be some change. Councilman Edgar stated that without the detailed information he's requested, he is unable to take a position on staff's request for approval, although it is a credible request. He recommended that staff redo the budget review with a simple standard that details how much was spent the first six months, how much was budgeted, how much is anticipated to be spent in the remaining six months, and how much budgeted funds remain. He thought the detail will enable Council to have a better feel for where the City stands, particu- larly a~ the Council embarks on next fiscal year's budget review. Councilmen Greinke and Saltarelli agreed that more information, perhaps simplified, was needed. After further discussion, the Council concurred to schedule a mid-year budget workshop on Monday, February I3, 1984, at 7:00 p.m. in the City Hall Conference Room. The Finance Director informed Councilman Edgar that the final printout of the budget would be available the end of the week. RESPONSE TO THE DRAFT ENVIRONMENTAL IMPACT STATEMENT: INTERSTATE S/ROUTE SS INTERCHANGE IMPROVEMENT The Community Development Director presented the staff report and recommendation as contained in the inter-com dated February 6, 1984, prepared by the Community Development Department. Following a question-and-answer period, it was moved by Saltarelli, seconded by Edgar, to direct staff to respond to the CalTrans Draft Environmental Impact Statement for the Interstate S/Route 55 Inter- change Improvement, endorsing Alternative IV with variations out- lined in Alternative III; Plan 1-N55 to NS or Alternative III, Plan 5B, which extends Newport Avenue to Edinger Street, subject to con- ditions and concerns of the City. Councilman Greinke stressed the importance of aesthetic construc- tion of the proposed bridge, in terms of noise attenuation. He suggested an amendment to the motion that the City encourage a federal grant towards university/college groups to develop new types of sound attenuation walls on bridges. He felt the grade of the bridge, with loaded trucks ascending in low gear, will cause a tremendous sound problem to the surrounding area. The Director of Public Works responded that the Community Develop- ment Director has addressed subject issue in his report, and in addition, the City can follow up with a special letter or whatever is appropriate to accommodate same. CITY COUNCIL MINUTES Page 7, 2-6-84 XIo In response to Mayor Pro Tern Kennedy and Mayor Hoesterey, the Director of Public Works stated that as the project develops and goes under design, any areas that require modification or work out- side of the existing right-of-way will cause a new or updated free- way agreement. When the final plan approval comes in is the time when the City would enter into an agreement with CalTrans to com- plete the project. Prior to that time, the City must keep forging ahead on that issue. Th.e City Manager added that one specific remedy Council has is to challenge the adequacy of the EIR. If the Council felt, for exam- ple, that the final EIR did not properly address the issue of design, etc., it could challenge same. Councilman Greinke stated he has always found CalTran$ very coop- erative, but felt there might be resistance to want to try some- thing new and dramatic in terms of his suggested amendment to the motion, and he requested staff direction. The Director of Public Works stated that the Draft EIR is the starting place to respond, and as indicated by the City Manager, if not responded to ade- quat'ely in the final document, at that point the City would carry on appropriately. In response to Mawr Pro Tem Kennedy, the Director of Public Works stated that CalTrans is the responsible public agency to conduct public hearings and notify affected property owners. The City has offered assistance (aside from financial) to any group/individual/ business that requests same. The Director reported, on the CalTrans public hearing held at Tustin High School on January 12, 1984, noting that most negative comments were from Santa Aha residents. As a point of information, the Director of Public Works repo6ted on a new law which allows property owners to enjoy pre-Prop 13 prop- erty tax rates if their property is taken for a public project and it was owned prior to Proposition 13 passage, by applying directly to the County Assessor within their respective county. The motion carried 5-0. REPORTS PLANNING CO~ISSION A~CTIONS - JANUARY 23, 1984 In response to Councilman Saltarelli's concerns on Consent Calendar Item No. 1 on the Planning Commission Agenda of January 23, 1984, the Community Development Director stated that the modular office unit addition to Tustin Community Hospital will be used strictly for administrative functipns, i.e., there will be no patient hous- ing or lab testing involved. Councilman Saltarelli stated his main concern is that the approved use and zoning is being changed from a community hospital to a specific rehabilitation treatment program without the consent of the City, and requested that staff monitor same. Council concurred. In regards to the Planning Commission Minutes of January 9, 1984, Continued Public Hearing 1 - Use Permit 83-22, Councilman Salta- relli felt it was not appropriate that the front doors would be used for freight loading/unloading instead of the back doors. The Community Development Director responded that the building origi- nally had glass front doors facing the parking lot and rear fire access doors along Sixth Street. Staff was concerned that the rear fire doors would be used for freight loading/unloading whereby a driver could park his truck along Sixth Street and walk across the lawn to unload freight. Staff encouraged the applicant to change the back doors to resemble the front, so that it would appear that the building has two fronts and to prohibit unloading there. Councilman Greinke suggested painting the curb red to further discourage parking along Sixth Street for freight unloading pur- poses. The Planning Commission Action Agenda of January 23, 1983, was then ratified by unanimous informal consent. 80 CITY COUNCIL MINUTES Page 8, 2-6-84 XI. XII. 2. OCl'O LAYOVER ZONE - FIRST STREET BETWEEN CENTENNIAL WAY & NEWPORT AVENUE Councilman Greinke stated his pleasure with the report and the results of the survey. Councilman Edgar concurred; Subject report dated January 19, 1984, prepared by the Engineering Division was received and filed by unanimous informal consent. 101 3. BULLET TRAIN LEGISLATION The inter-com dated January 31, 1984, prepared by the Director of Community and Administrative Services on subject item was received and filed by unanimous informal consent. 101 OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of legal matters. 2. GRAJ:FITI IN DOWI~TOWN AJ~EA May~r Pro Tem Kennedy reported graffiti in the downtown area on private property. The Director of Public Works responded that staff removes graffiti on public property only, however, staff would contact the property owners and request they remove the graf- fiti. 3. ZONING O: NISSON PROPERTY AT WALNUT & RED HILL AVENUES Councilman Edgar requested that the Community Development Director investigate the .letter from Matt Nisson to the Planning Commission ~ich states that zoning for his property at Walnut and Red Hill Avenues does not conform to the General Plan. 4. BE~AVIOP~aJ. ~SEAJ~CH - CHEMICAL ABUSE Ma3~r Hoesterey provided clarification to Councilman Edgar's refer- ence to correspondence from USC pertaining to a behavioral research institute, stating that it is a federally funded program through USC whereby they enter the community and hold preventive seminars on chemicals abuse by high school 'students. It has been coordi- nated with the school district and they would like to make a pre- sentation to the City Council on what their program entails. They found Tustin's demographics fit into a formula which makes it an idealized community for their study. The City Manager stated he has referred same to Police Chief Thayer's office for review and recommendation, with a primary concern that it does not duplicate existing programs in order to eliminate confusion in the community, and he suggested tabling action until the review is complet'ed. 5. POWERS OF THE REDEVELOPMENT AGENCY May~r Pro Tem Kennedy inquired on the status of the report out- lining actual powers of the Redevelopment Agency, to which staff responded it would be on the next Redevelopment Agency agenda. PJ~CESS - REDEVELOP~NT; AJ%30URNMI~NT At 8:23 p.m. it was moved by Greinke, seconded by Edgar, to recess to the Redevelopment Agency; thence to a Closed Session for discussion of legal matters; and thence adjourn to a budget workshop on February 13, 1984, at 7:00 p.m., and thence to the next adjourned regular meeting on February 21, 1984. Carried 5-0. CITY CLERK MAYOR