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HomeMy WebLinkAboutCC MINUTES 1999 01 05 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 5, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order bY Mayor Saltarelli at 7:03 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Cub Scout Pack 217, Den 1. The Invocation was given by Mayor Pro Tem Worley. ROLL CALL CounCil Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle 3im Potts 3effery M. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois 3effrey, City Attorney Christine Shingleton, Assistant City Manager George 3effries, City Treasurer Elizabeth Binsack, Director of.~Community Development Steve Foster, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Rita Westfield, Assistant Director/Com. Development Valerie Crabill, Chief Deputy City Clerk Scott Reekstin, Associate Planner Karen Peterson, Acting Senior Planner Brad Evanson, Assistant Planner Bettie Correa, Senior Personnel Analyst Approximately 20 in the audience ANNOUNCEMENT Mayor Saltarelli announced that retired Marine Corps Colonel William Hammerle's father passed away in December and the meeting would be adjourned in his memory. He expressed his sympathy to the Hammerle family. PUBLIC INPUT CITIZEN COMPLAINT Irwin Gross, 125 N. "B" Street, Tustin, complained about commercial nuisances adjacent to his home; displayed bags of trash collected from outside the commercial dumpsters; and reported noise violations committed by National Rain Gutters. Council/staff discussion followed regarding contacting the Police Department at the time of the noise/nuisance; and National Rain Gutters had submitted a conditional use permit application which was agendized at the January 25, 1999 Planning Commission meeting. LIQUOR SALES - WALNUT AVENUE Jason Soifer, 1201 Walnut Avenue, Tustin, noted an excessive concentration of liquor sales establishments in the Walnut Avenue area. Council/staff discussion followed regarding that existing liquor sales establishments were grandfathered; distancing requirements were necessary for new liquor sales establishments; liquor licenses could be transferred; and Alcohol Beverage Control closely reviewed requests for liquor permits in areas of concentrated liquor sales. CITY COUNCIL MINUTES Page 2, 1-5-99 PUBLIC HEARING ( ITEMS I THROUGH 3 ) 1. ZONE CHANGE 98-002, AMENDMENT TO THE OFFICIAL TUSTIN ZONING MAP APPLYING THE CULTURAL RESOURCE OVERLAY DISTRICT TO THE PROPERTIES SHOWN IN ATTACHMENT A OF SUBJECT REPORT Councilmember Doyle announced he would abstain from discussion and voting on this issue. Scott Reekstin, Associate Planner, reported that approximately 10 years ago Council established the Cultural Resource Overlay District located between Sixth Street, First Street, Prospect Avenue, and the SR-55 freeway; Zone Change 98-002 proposed to enlarge the existing District to include residentially zoned properties on Mountain View Drive, "A" Street, "B" Street, and "C" Street between First Street and Irvine Blvd.; in 1996, the Cultural Resource Advisory Committee requested staff analyze the potential expansion; in June 1997, Council directed staff to survey the residents and property owners of the potential expansion area and hold community workshops to measure their support for the proposed expansion; the survey and workshops indicated the majority of those who participated were in support of District expansion; survey and workshop results were reviewed by Council in June 1998, at which time Council directed the Cultural Resource Advisory Committee and staff to proceed with public hearings required for the Zone Change; on August 11, 1998, the Cultural Resource Advisory Committee held the first public hearing on the project; the public hearing was continued to September to allow staff the opportunity to respond to concerns raised by residents and opposition letters; the letters requested that Mountain View Drive be excluded from the Cultural Resource Overlay District expansion; and during the September Cultural Resource Advisory Committee public hearing, several property owners spoke in support of District expansion citing the importance of historic preservation to the community. He stated that including Mountain View Drive in the proposed expansion would be beneficial because the street was located within the original City limits; was directly adjacent to similar development patterns; was developed during the same time as the other three residential streets; and the street represented an established community that possessed structures unified by past events and physical development. The Planning Commission conducted a public hearing at which time a petition was submitted signed by 11 property owners on Mountain View Drive requesting Mountain View Drive be excluded*from the potential expansion; a resident spoke in opposition to the expansion citing First Amendment issues, possible restrictions, and impact from adjacent commercial properties; one speaker spoke in favor of the expansion citing historic preservation; the Planning Commission recommended approval of the proposed expansion; expansion would not remove the zoning of the neighborhood; and one letter in opposition was received for the Council public hearing requesting exemption from the proposed expansion based on discrimination, oppression and the lack of due !process. Council/staff discussion followed regarding the number of homeowners in favor of the potential expansion; protection of historic resources were important factors for District expansion; Certificate of Appropriateness was necessary for improvements in the Overlay District; no additional homeowner fees were required as participants in the Overlay District; survey results indicated opposition to the Certificate of Appropriateness; and workshops had provided Cultural Resource Overlay District information to homeowners. Mayor Saltarelli opened the Public Hearing at 7:25 p.m. The following members of the audience spoke in opposition to Zone Change 98-002, Amendment to the Official Tustin Zoning Map Applying the Cultural Resource Overlay District: Irwin Gross, 125 N. "B" Street, Tustin (requested exemption) Mike Cook, 155 Mountain View, Tustin Council/Speaker Gross discussion followed regarding maintaining a sense of ownership and the proposed extra layer of regulation would diminish that sense of ownership. CITY COUNCIL MINUTES Page 3, 1-5-99 The following member of the audience spoke in favor of Zone Change 98-002, Amendment to the Official Tustin Zoning Map Applying the Cultural Resource Overlay District and requested a new homeowner survey/vote: Ruth Echevarria, 138 Mountain View Drive, Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:35 p.m. Mayor Saltarelli noted his apprehension when the proposed expansion had been originally presented to Council; the necessity for planned communities in California due to the density and size of properties; potential homebuyers were aware of existing CC&R restrictions when purchasing new housing; the lack of historic structures in the proposed expansion; was concerned about adding another layer of government to property owners in the proposed expansion District; opposed the District expansion; and was concerned that many homeowners had not responded to the survey. Councilmember Potts stated his concern with the lack of residents speaking in support of the expansion; postponing the expansion; code enforcement was available if homes fell in disrepair; inclusion in a Cultural Resource District improved property value; and because of the survey response and concerns raised by area residents, he was opposed to District expansion at this time. Councilmember Thomas noted his concern with the survey results and the lack of residents' knowledge regarding the Cultural Resource Overlay District expansion; suggested rewording the survey and resubmitting it to residents in the future; and questioned the possibility of applying the Cultural Resource Overlay District standards to only specified homes. Elizabeth Binsack, Director of Community Development, responded that certain streets could be eliminated from the District expansion; however, homes on the same street must be either included or excluded from the District. She explained that District non-rated structure modification requirements had been established to ensure homes would be compatible with the neighborhood. Council/staff discussion followed regarding every property within the District was subject to District regulations; other cities' expansion processes; the District did not have "A" rated structures; residential modifications outside the Cultural Resource District required a permit and design review; there were no state landmarks in the area; the benefits of the Mills Act; and only single family residences were allowed in the subject area. Mayor Pro Tem Worley stated she had spoken to a group of homeowners who were opposed to the District expansion; said she opposed expansion; and requested re-surveying homeowners in the future. It was moved by Thomas, seconded by Worley, to deny Zone Change 98-002 to expand the Cultural Resource Overlay District to include the residentially zoned properties on Mountain View, "A" Street, "B" Street and "C" Street bebNeen First Street and Irvine Boulevard. Motion carried 4-0, Doyle abstained. 6 l0-60 Council/staff discussion followed regarding that Council could re-examine the issue at a future date. 2. . ZONE CHANGE 98-003 AND CONDITIONAL USE PERMIT 98-028 (APPLICANT: DR. DIANE CRAIG, VETERINARY SPECIALTY ASSOCIATES) Elizabeth Binsack, Director of Community Development, reported the applicant was proposing to amend the Planned Community District regulations to allow Veterinary Clinics as conditionally permitted within Planning Area D of 3amboree Plaza located at 3amboree Road and Edinger Avenue; and establishment of parking ratios for medical uses. She QTY COUNCIL MINUTES Page 4, 1-5-99 stated the proposa~ was consistent with other Citywide projects; and the project wou~d require 4 parking spaces per 1,000 square feet up to the flint 4,000 square feet and 6 parking spaces per 1,000 square feet for each 1,000 square feet thereafter. Mayor Sa~ta~e~i opened the Public HeaNng at 7:55 p.m. There were no speakers on the subject and the Public Hearing was dosed. It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 99-5 approving the environmenta~ determination for the project; have fi~st reading by tit~e only and introduction of the following Ordinance No. 1209; and adopt the following Resolution No. 99-6 approving Conditiona~ Use Permit 98-028: RESOLUTION NO. 99-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 98-003 AND CONDITIONAL USE PERMIT 98-028 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ORDINANCE NO. 1209 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 98-003 AMENDING THE JAMBOREE PLAZA DISTRICT REGULATIONS TO DESIGNATE VETERINARY SPECIALTY CLINICS AS CONDITIONALLY PERMITTED USES AND ESTABLISH PARKING REQUIREMENTS FOR MEDICAL USES RESOLUTION NO. 99-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-028 TO ESTABLISH A VETERINARY SPECIALTY CLINIC AT 2965 EDINGER AVENUE (JAMBOREE PLAZA) Motion carried 5-0. 610-60 The City Clerk read Ordinance No. 1209 by title only. 3, GENERAL PLAN AMENDMENT 98-002 AND ZONE CHANGE 98-005 (APPLICANT= MR, ELMER TIEDJE Of TUSTIN VILLAGE COMMUNITY ASSOCIATION) It was moved by Potts, seconded by Doyle, to continue this item to the 3anuary 19, 1999 Council meeting. Motion carried 5-0. 6 15-20 CONSENT CALENDAR ( ITEMS 4 THROUGH 15 ) It was moved by Thomas, seconded by Potts, to approve the Consent Calendar as recommended by staff. Motion carded 5-0. 4, APPROVAL OF MINUTES - DECEMBER 7, 1998 REGULAR MEETING Recommendation: Approve the City Council Minutes of December 7, 1998. 5, APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,091,094.12 and ratify Payroll in the amount of $732,785.63. 380-l0 360-82 6. PLANNING COMMISSION ACTION AGENDA- DECEMBER 14, 1998 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of December 14, 1998. 120-50 7. AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY AND HASSETT & DAVIS ENTERTAINMENT (TILLER DAYS/STREET FAIR RIDES AND CONCESSIONS) Recommendation: Approve Amendment No. 2 to subject Agreement between the City and Hassett & Davis Entertainment, Inc. as recommended by Parks and Recreation Services. 400-10 8. 3OHN WAYNE AIRPORT NOISE ABATEMENT QUARTERLY REPORTS Recommendation: Receive and file subject report as recommended by the Community Development Department. 690-10 CITY COUNCIL MINUTES Page 5, 1-5-99 9. AMENDMENT TO MASTER FEE RESOLUTION AND FACILITY USE POLICIES Recommendation: Amend the Master Fee Resolution and Facility Use Policies as identified in Appendices A and B of subject report as recommended by the Parks and Recreation Commission. 390-50 10. RESOLUTION NO, 99-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE MAIN STREET DEMOLITION PROJECT (PROJECT NO. 600108) Recommendation: Adopt Resolution No. 99-8 accepting said work and authorizing the recordation of the Notice of Completion and direct the City Clerk to: (1) Release the Labor and Materials Bond not sooner than thirty-five (35) days after the date of recordation of the Notice of Completion, and (2) Release the Faithful Performance Bond not sooner than one year after the date of recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. 400-45 11. ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS APPOINTMENTS Recommendation: Appoint Mayor Saltarelli as the City of Tustin representative to the Orange County Sanitation District Board of Directors and appoint Councilmember Ports as alternate representative as recommended by the City Clerk's Office. 420-65 12. QUITCLAIM OF CONSTRUCTION EASEMENT AND PORTIONS OF THE SLOPE MAINTENANCE EASEMENT ALONG JAMBOREE ROAD Recommendation: Authorize the Mayor and City Clerk to execute subject Quitclaim Deeds identified as follows: (1) Temporary construction easement for the construction of Jamboree Road along the easterly side from approximately 2800 feet northerly of Tustin Ranch Road to approximately 1800 feet northerly of the City of Tustin/City of Orange boundary, and (2) Portions of the slope maintenance easement along the easterly side of Jamboree Road from approximately 1500 feet northerly of Patriot Way to the northerly City limits as recommended by the Public Works Department/Engineering Division. 490-70 13. CONSULTANT SERVICES AGREEMENT FOR DESIGN OF PASADENA AVENUE RECONSTRUCTION BETWEEN THE FIRST STREET CUL-DE-SAC AND THE MAIN STREET CUL-DE-SAC (CIP NO. 700157) AND SECOND STREET RECONSTRUCTION BETWEEN PASADENA AVENUE AND MYRTLE STREET (CIP NO. 700158) Recommendation: Approve Consultant Services Agreement with Berryman and Henigar to provide design related services for Pasadena Avenue Reconstruction (CIP No. 700157) and Second Street Reconstruction (CIP No. 700158) for a not-to-exceed fee of $42,082.00 and authorize execution of the Consultant Services Agreement by the Mayor and City Clerk subject to approval by the City Attorney as recommended by the Public Works Department/Engineering Division. 400-l0 14. AMENDMENT TO THE SAN DIEGO CREEK/UPPER NEWPORT BAY WATERSHED COOPERATIVE AGREEMENT AND THE NEWPORT BAY/SAN DIEGO CREEK WATERSHED SEDIMENT CONTROL MONITORING AND IN-CHANNEL MAINTENANCE PROGRAM COOPERATIVE AGREEMENT (D98-034) Recommendation: Approve the "Second Amendment to Cooperative Agreement San Diego Creek/Upper Newport Bay Watershed" along with the "Cooperative Agreement Newport Bay/San Diego Creek Watershed Sediment Control Monitoring and In-Channel Maintenance Program" and authorize the Mayor and City Clerk to execute subject agreements as recommended by the Public Works Department/Engineering Division. 400-70 15. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES FOR PEPPERTREE PARK AND MAGNOLIA TREE PARK RENOVATION (CIP NO. 400039 AND 400035) Recommendation: Authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm of Purkiss Rose-PSI for Architectural Services for Peppertree Park and Magnolia Tree Park renovation in the amount of $64,195.00 as recommended by Parks and Recreation Services. 400-l0 CITY COUNCIL MINUTES Page 6, 1-5-99 REGULAR BUSINESS ( ITEM 16 ) :1.6. ORDINANCE NO. 1208, ZONE CHANGE 98-004 (APPLICANT: WARMINGTON HOMES) It was moved by Ports, seconded by Worley, to have second reading by title only and adoption of Ordinance No. 1208. The City Clerk read the following Ordinance No. 1208 by title only: ORDINANCE NO. 1208 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 98-004 TO CHANGE THE ZONING FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) AND CENTRAL BUSINESS DISTRICT (C-2P) TO PLANNED COMMUNITY (PC) AND ESTABLISH PLANNED COMMUNITY DISTRICT REGULATIONS ON THE PROPERTIES KNOWN AS 120-250 SIXTH STREET AND 715-765 EL CAMINO REAL AND DESCRIBED AS ASSESSOR'S PARCEL NO. 401-642-04 OF TRACT 15707 Motion carried 5-0 (roll call vote). 600-70 PUBLIC INPUT - None OTHER BUSINESS PAID CALL FIREFIGHTER PROGRAM Councilmember Doyle requested the Orange County Fire Authority attend the 3anuary 19, 1999 Council meeting, to provide an update on the Paid Call Firefighter Program. FOOD DONATION Councilmember Doyle reported that a citizen had donated 100 dozen tamales which were distributed to the community through the Police Department, and requested a proclamation be awarded. FORMER EMPLOYEE ~ Mayor Pro Tem Worley reported that former employee, Christine Carpenter, had been involved in the Columbia ship accident at Disneyland. 2000 MILLENNIUM PARTY Mayor Pro Tem Worley suggested a New Year's Eve 2000 millennium party be held in Tustin and requested the subject be agendized at the January 19, 1999 Council meeting. Councilmember Thomas commented on the media hype surrounding the millennium and Y2K warnings; suggested Tustin not join the hype; and expressed subdued support for a millennium celebration. HAPPY NEW YEAR Mayor Saltarelli and Councilmembers Potts and Thomas wished everyone a successful, happy New Year. DONATIONS TO THE NEEDY Councilmember Thomas reported he had made donations to the Orange County Rescue Mission during the holidays; the Executive Director of the Mission had personally picked up the items because the need was so great; and he encouraged everyone to give generously during the holiday season. CITY COUNCIL MINUTES Page 7, 1-5-99 BRYAN AVENUE CLOSURE Councilmember Thomas expressed displeasure with the City of Irvine for closing Bryan Avenue and failing to provide adequate notice to Tustin. Council discussion followed regarding the working relationship with the City of Irvine. SYMPATHY TO THE HAMMERLE FAMILY Mayor Saltarelli expressed his sympathy to the Hammerle family on the passing of William Hammerle's father and reported the meeting would be adjourned in his memory. COMMI'!TEE REPORTS- None CLOSED SESSION - None ADJOURNMENT Mayor Saltarelli adjourned the meeting at 8:12 p.m. in memory of William Hammerle's father. The City Council scheduled a joint meeting with the Audit Committee on Tuesday, January 19, 1999, at 5:30 p.m. in the Community Center; and the next regular meeting of the City Council was scheduled for Tuesday, January 19, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. THOMAS R. SA/L,T~RELLI, MAYOR PAMELA STOKER, CITY CLERK