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HomeMy WebLinkAboutCC MINUTES 1999 01 19 MINUTES REGULAR MEETING OFTHE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JANUARY 19, 1999 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Hayor Saltarelli at 7:04 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. The Invocation was given by Mr. Steve Garrison. ROLL CALL Council Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle .lim Potts (lelt meeting at 7:19 p.m.) 3effery Ivl. Thomas Council Absent: None City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois 3effrey, City Attorney Christine Shingleton, Assistant City Ivlanager 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 Lori Ludi, Associate Planner Doug Anderson, Senior Project Manager Karen Peterson, Acting Senior Planner Bettie Correa, Senior Personnel Analyst Larry Schutz, Assistant Finance Director Sofia Peterson, Accounting Supervisor Approximately 75 in the audience PROCLAMATION RUTABEGORZ RESTAURANT 20TH ANNIVERSARY Hayor Saltarelli read and presented a proclamation honoring Rutabegorz Restaurant's 20th Anniversary. Paul Berkman, Rutabegorz Restaurant owner, remarked on opening his restaurant in Tustin 20 years ago; initial resistance to the restaurant's fare; Old Town; and thanked Council for the proclamation. ANNOUNCEMENTS ZONE CHANGE 98-002 Mayor Saltarelli clarified that Council denied Zone Change 98-002, Cultural Resource Overlay District, without prejudice; and he would be willing to meet with the Overlay District Committee to discuss his concerns for possible future reconsideration. CONTINUE AGENDA ITEM NO. 17, ORANGE COUNTY REGIONAL AIRPORT AUTHORITY (OCRAA), TO THE FEBRUARY 1, 1999 COUNCIL MEETING Councilmember P0tts stated he had to leave the meeting immediately to attend a law enforcement recognition dinner and requested Item No. 17, Orange County Regional Airport Authority, be continued to the February 1, 1999 Council meeting, to allow him to vote on the issue. CITY COUNCIL MINUTES Page 2, 1-19-99 It was moved by Potts, seconded by Worley, to permit public comment and discussion this evening and then continue the matter to the February 1, 1999 Council meeting. Motion carried 3-2, Saltarelli, Doyle opposed. Councilmember Potts left the meeting at 7:19 p.m. PUBLIC INPUT - None PUBLIC HEARING ( ITEMS I THROUGH 2 ) GENERAL PLAN AMENDMENT 98-002 AND ZONE CHANGE 98-005 (APPLICANT: MR. ELMER TIEDJE~ TUSTIN VILLAGE COMMUNITY ASSOCIATION) Elizabeth Binsack, Director of Community Development, reported the applicant was proposing to change the General Plan Land Use Designation from Transportation to High Density Residential and to amend the Zoning Map from Unclassified to Planned Development; the site was a .5 acre parcel of abandoned freeway right-of-way Tustin Village Townhomes purchased from Caltrans; the City had the right of first refusal on the property; Tustin Village Townhomes were planning to use the site for additional parking and landscaping; and the Planning Commission recommended approval of the project. Mayor Saltarelli opened the Public Hearing at 7:21 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 99-9 approving the environmental determination for the project: RESOLUTION NO. 99-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 98-002 AND ZONE CHANGE 98-005 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 4-0, Potts absent. It was moved by Thomas, seconded by Worley, to adopt the following Resolution No. 99-10 approving General Plan Amendment 98-002: RESOLUTION NO. 99-:1.0 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 98-002 TO CHANGE THE LAND USE DESIGNATION FROM "TRANSPORTATION" TO "HIGH DENSITY RESIDENTIAL" ON A .5 ACRE ABANDONED PARCEL OF CALTRANS .RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN VILLAGE WAY Motion carried 4-0, Potts absent. It was moved by Worley, seconded by Thomas, to have first reading by title only of Ordinance No. 1210 approving Zone Change 98-005. Motion carried 4-0, Potts absent. Following first reading by title only of Ordinance No. 1210 by the City Clerk, it was moved by Thomas, seconded by Worley, to introduce the following Ordinance No. 1210: ORDINANCE NO.1210 - AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 98-005, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT (PD) ON A .5 ACRE ABANDONED PARCEL OF CALTRANS RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN VILLAGE WAY Motion carried 4-0, Potts absent. 615-20 CITY COUNCIL MINUTES Page 3, 1-19-99 2. APPEAL OF CONDITIONAL USE PERMIT 98-007 AND DESIGN REVIEW 98-007 (APPLICANT: MICHAEL J. DOBSON, EZ LUBE) Elizabeth Binsack, Director of Community Development, reported the applicant was proposing to construct an approximate 1,500 square foot drive-thru oil change facility with three service bays; the property was located at the northeast corner of Newport Avenue and Old Irvine Boulevard within the C-1 Zoning District; on October 26, 1998, the Planning Commission denied the application; and the applicant subsequently appealed the denial. The parcel was an irregular triangular corner lot less than .5 acres in size; access and exiting was proposed from Newport Avenue; exit only was proposed from Old Irvine Boulevard; staff recommended the Planning Commission deny the plan because the proposal was inconsistent with Auto Service Design Guidelines, the City's General Plan, Town Center Redevelopment Plan, Zoning Code, and generally would not promote the orderly development of the site or surrounding area. The site and design was not adequate to accommodate the proposed use or on-site circulation along Newport Avenue and Old Irvine Boulevard; currently several curb cuts existed and staff had significant concerns about providing two more cuts so close to the intersection; based on the plan a vehicle could not turn around in the stacking area behind the service bays; the proposed plan did not provide for access around the building; the site design created an obstruction to the required parking places; if a vehicle was stacked or waiting to enter the service bay area it would preclude another vehicle from being able to park on site; the use would not integrate or complement future development on the adjacent property; the subject corner was a. gateway into the City from the north and the lack of landscaping and site design would set a precedent for any future development in the area; the building orientation and use of glass panel doors would allow visibility into the service bays from Newport Avenue and Old Irvine Boulevard which was inconsistent with the Auto Service Station Guidelines; the proposal did not meet City guidelines for signs, building height, or landscaping; and after the agenda had been distributed, E-Z Lube submitted a revised site plan they believed addressed Planning Commission and staff concerns. Council/staff/Applicant Michael Dobson discussion followed regarding the necessity for staff and Planning Commission to review the applicant's new site plan; the applicant's belief that the revised site plan mitigated staffs concerns; a California Environmental Quality Act review was necessary on the new site plan; waiving future applicant fees; the first opportunity for Planning Commission review of the new site plan was at their February 22, 1999 meeting; a Planning Commission recommendation would then be made to Council; and the applicant agreed upon submitting the revised site plan to the Planning Commission. It was moved by Worley, seconded by Thomas, to refer the matter to the Planning Commission. Motion carried 4-0, Ports absent. 610-40 CONSENT CALENDAR ( ITEMS 3 THROUGH 16 ) Items No. 5, 12, and 14 were removed from the Consent Calendar by Mayor Pro Tem Worley and Mayor Saltarelli. It was moved by Worley, seconded by Doyle, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Potts absent. 3. APPROVAL OF MINUTES - JANUARY 5, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 5, 1999. 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,417,632.06 and ratify Payroll in the amount of $731,669.78. 380-l0 360-82 6. SAFE RZDES PROGRAM AGREEMENT Recommendation: Ratify the agreement between the Police Department and the Orange County Council of the Boy Scouts of America authorizing utilization of the police facility as an interim base for the Boy Scouts "Safe Rides" program as recommended by the Police Department. 400-l0 CITY COUNCIL MINUTES Page 4, 1-19-99 7. PROGRESS REPORT: HERITAGE PARK (PRO,1ECT NO. 400042) Recommendation: Receive and file the final progress report on the Heritage Park project as recommended by Parks and Recreation Services. 920-35 8, MOBILE AUDIO VIDEO EQUIPMENT REPLACEMENT SUMMARY Recommendation: Authorize purchase of five Kustom Signals "Eyewitness" Mobile Audio Systems, from Kustom Signals, Inc., 9325 Pflumm, Lenexa, KS 66215-3347 as recommended by the Police Department. 380-40 9. AWARD OF BID - DOCUMENT IMAGING STORAGE AND RETRIEVAL SYSTEM Recommendation: Authorize the Police Department to coordinate with the City Attorney's office to execute a contract with Wave Imaging Corporation to purchase a Document Imaging Storage and Retrieval System for the Police Department as recommended by the Police Department. 380-40 10. QUITCLAIM OF PORTION OF THE SIXTH STREET CUL-DE-SAC AD3ACENT TO TENTATIVE TRACT 15707 Recommendation: Authorize the Mayor and City Clerk to execute subject Quitclaim Deed on behalf of the City as recommended by the Public Works Department/Engineering Division. 490-70 11. RESOLUTION NO. 99-2 - A RESOLUTION OF THE C1TY COUNCIL OFTHE CITY OF TUSTIN, CALIFORNIA, TO VACATE' SUMMARILY A PUBLIC EASEMENT KNOWN AS LOT A OF TRACT NO. 15316 GENERALLY LOCATED AT THE END OF THE CUL-DE-SAC OF SAN SIMON STREET Recommendation: Adopt Resolution No. 99-2 summarily vacating the public easement located on Lot A of Tract No. 15316 as recommended by the Community Development Department. 490-40 13. AWARD OF CONTRACT FOR ANNUAL SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, FISCAL YEAR 1998-99 (PROJECT NO. 4020-6235) Recommendation: Award the Annual Sidewalk and Curb and Gutter Repair Project FY 1998-99 contract to Kovac Incorporation in the amount of $177,869.00 and authorize the Mayor and City Clerk to execute the contract documents on behalf of the City as recommended by the Public Works Department/Engineering Division. 400-45 15. PLANNING COMMISSION ACTION AGENDA -JANUARY 11, 1999 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 January 11, 1999. 120-50 16. QUARTERLY INVESTMENT REPORT In compliance with Government Code Section 53646, the Investment Report for the quarter ending December 31, 1998, is submitted for City Council review. Recommendation: Receive and file subject report as recommended by the City Treasurer. 355-50 CONSENT CALENDAR ITEM NO. 5 - APPROVAL OF LEASE AGREEMENT FOR FOOD AND BEVERAGE CONCESSION AT TUSTIN SPORTS PARK Mayor Pro Tem Worley stated she was pleased' an agreement had been reached; park users were anxious to have a food and beverage concession available; and the concession was scheduled to open in spring 1999. It was moved by Worley, seconded by Thomas, to approve a lease agreement with Marcia Sanserino representing Mom's Sports Cafe for the operation of a tenant lease space at the Tustin Sports Park. Motion carried 4-0, Potts absent. 400-l0 CONSENT CALENDAR ITEM NO. 12 - RESOLUTION NO. 99-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING, WITHOUT PREJUDICE, ZONE CHANGE 98-002, A PROPOSAL TO AMEND THE OFFICIAL TUSTIN ZONING MAP AND APPLY THE CULTURAL RESOURCE OVERLAY DISTRICT TO THE PROPERTIES SHOWN IN EXHIBIT A CITY COUNCIL MINUTES Page 5, 1-19-99 Mayor Saltarelli miterated that Council had denied Zone Change 98-002, Cultural Resource Overlay District, without prejudice; and he was willing to meet with the Overlay District Committee to discuss possible future reconsideration of District expansion. It was moved by Saltarelli, seconded by Thomas, to adopt Resolution No. 99-11 denying Zone Change 98-002 without prejudice. Motion carried 4-0, Potts absent. 610-60 Councilmember Thomas stated his support of the Mayor meeting with the Overlay District Committee; and suggested additional debate on the expansion issue at a future Council or Town Hall meeting. CONSENT CALENDAR ITEM NO. 14- RESOLUTION NO, 99-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUST/N, CALTFORNTA, ESTABLISHTNG PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS Mayor Pro Tern Worley reported an Engineering/Police study pursuant to the California Vehicle Code regarding speed limits, accident rates, and road conditions resulted in speed limit increases on a number of City streets including Jamboree Road; and she was pleased that traffic flow was being enhanced. Council/staff discussion followed that Jamboree Road's speed limit was now consistent through Tustin and adjoining cities. It was moved by Worley, seconded by Thom_~, to adopt Resolution No. 99-3 establishing city- wide speed limits. Motion carried 4-0, Potts absent. 760-40 Mayor Saltarelli recessed the meeting at 7:48 p.m. The meeting reconvened at 7:58 p.m. REGULAR BUSINESS ( ITEMS :17 THROUGH 21 ) 17. ORANGE COUNTY REGIONAL AIRPORT AUTHORITY (OCRAA) Mayor Saltarelli reported that the City had been invited to become a member of OCRAA; noted that Tustin was a party on a complaint regarding the El Toro Airport Environmental Impact Report (EIR) lawsuit to ensure protection of residents' interests; explained that El Toro Reuse Planning Authority, ETRPA, was in opposition to the proposed airport and OCRAA was in support of the proposed airport; the necessity to gain information on the airport issue; the need for Council to provide input to the County on the proposed airport; Council action whether to join OCRAA would be determined at the February 1, 1999 meeting at Councilmember Ports' request; and noted that public input would be received this evening as well as at the February 1, 1999 meeting. Peggy Ducy, Executive Director of the Orange County Regional Airport Authority, spoke in favor of joining OCRAA for the following reasons: Tustin would become an active voice in the El Toro planning process; OCRAA was formed over 20 years ago by Orange County cities with a goal to identify a second commercial airport in Orange County; a financial contribution to join was not necessary; all OCRAA activities were supported by in-kind contributions made voluntarily through city members; OCRAA had 9 members on its board; some members were supportive of the El Toro aviation reuse and some were neutral; the necessity to resolve Orange County's air traffic demand shortfall; quality of life issues must be addressed for communities surrounding existing airports and future airports in Orange County; the concern of the economic future of our County; Tustin would not be an El Toro aviation reuse advocate by joining OCRAA but would be an active participant in the evolution of the land use decision; and participation in the reuse planning process ensured that final development of El Toro reflected concerns and needs of the County as a whole. Council/Speaker Ducy discussion followed regarding two other cities were currently considering OCRAA membership; another airport alternative was the expansion of John Wayne Airport; cities participating in OCRAA; OCRAA meetings were monthly and open to CITY COUNCIL MINUTES Page 6, 1-19-99 the public; a public agencys OCRAA representative must be an elected official, however, the alternate member could be a resident; and in-kind contributions supported OCRAA. The following member of the audience spoke regarding obtaining information and education Was the key to the El Toro process; the perception of joining OCRAA was supporting an El Toro airport; advantages of remaining neutral in the El Toro reuse planning process; and the working relationship between the Cities of Irvine and Tustin: Dave Christensen, City of Irvine Councilmember The following members of the audience spoke in opposition of the City of Tustin joining OCRAA: Matthew Ruiz, Tustin Mark Gaughan, 2291 San Leandro, Tustin Ricky Selby, Tustin Councilmember Thomas remarked on the airport ballot issues and how Tustin residents voted in support of the proposed El Toro airport; the need for the City to participate in the planning process; the number of planes flying over Tustin to 3ohn Wayne Airport; and the negative effect on Tustin if 3ohn Wayne Airport was expanded and/or if El Toro was converted to an airport; and the possibility of air traffic increasing over Tustin. The following members of the audience spoke in favor of the City of Tustin joining OCRAA: Bill Hammerle, 17611 Chatham Drive, Tustin Chuck Puckett, 2301 Caper Tree Drive, Tustin Kenneth Taylor, 2355 Burnham Drive, Tustin Vincent Foster, 18591 Medford Avenue, North Tustin Richard Murray, Tustin Village Way, Tustin .lack Southwood, 13208 Myford Road #317, Tustin Bruce ]uner, Tustin (and join ETRPA) Vern Price, 2002 Kemper, Tustin The following members of the audience spoke in favor of the City of Tustin remaining neutral in joining OCRAA: Bill Snyder, 12451 Tudor Way, Tustin Marian Boyd, Tustin Mayor Pro Tem Worley noted she resented residents pressuring Council to take a position regarding the El Toro airport; prudent action for Council was to gather and analyze information on the issue before taking a position on the El Toro airport; the need for the Federal Aviation Authority (FAA) to verify what direction air traffic would depart from El Toro; remarked on her attendance at various airport related meetings; and encouraged additional input from residents on the issue. Mayor Saltarelli stated Council must study all the airport issues; information from the FAA had not been released regarding the take off/landing patterns at El Toro; he had requested County officials meet with him over a year ago to discuss questions about the .lohn Wayne airport, without success; .lohn Wayne Airport expansion could include future air traffic take- off patterns over Tustin; the growth in the County resulted in transportation impacts; negative impacts on Tustin and North Tustin if 3ohn Wayne Airport was expanded; the importance of the El Toro airport EIR; and basing the City's position on the El Toro airport after accumulating and analyzing complete information. Councilmember Doyle stated a reason to join OCRAA was to collect information; the City joined the EIR lawsuit to make certain the County was held accountable; the City could not remain neutral regarding the airport issue; the quality of life had deteriorated over the past years and he did not want it to continue; the importance of being a part of the El Toro reuse planning process; opposed .lohn Wayne Airport expansion; encouraged public input on the matter; and supported joining OCRAA. CITY COUNCIL MINUTES Page 7, 1-19-99 Councilmember Thomas stated voters approved an airport at B Toro; the County had the authority to build an airport; he opposed the City joining both OCRAA and ETRPA; if E~ Toro was approved as an airport, Tustin wou~d be the most impacted city in Orange County; he did not believe that joining OCRAA meant the City suppo~ced the B Toro airport; and he supported organizing a Town Hall meeting on the matter. (See Page I for Counci~ motion.) 18. ORDINANCE NO. 1209 - ZONE CHANGE 98-003 (VETERINARY SPECIALTY ASSOCIATES) It was moved by Thomas, seconded by Worley, to have second reading by title only of Ordinance No. 1209. Motion carried 4-0, Ports absent. Following second reading by title only of Ordinance No. 1209 by the City Clerk, it was moved by Doyle, seconded by Thomas, to adopt the following Ordinance No. 1209: 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 PERMITlED USES AND ESTABLISH PARKING REQUIREMENTS FOR MEDICAL USES Motion carried 4-0, Potts absent (roll call vote). 610-60 19. JOINT MEETING BETWEEN THE PARKS AND RECREATION COMMISSION AND THE CITY COUNCIL TO REVIEW CAPITAL IMPROVEMENT PARKS PROGRAM ~ Council concurred to schedule a joint meeting with the Parks and Recreation Commission ~ on March 1, 1999 at 5:30 p.m. 120-40 20. COMMUNITY MILLENNIUM EVENT Patrick Sanchez, Director of Parks and Recreation Services, requested Council appoint a committee to explore the feasibility of conducting a safe event for the "First Night" of the Millennium and interested community members should call Parks and Recreation Services. Council concurred to appoint a community committee to explore the feasibility of conducting a special event in the Old Town area of Tustin for the "First Night" Millennium Event on December 31, 1999. 160-70 21. ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY It was moved by Thomas, seconded by Worley, to (1) Continue delegation of Investment Policy to G.W. 3effries and Associates, and (2) Adopt the City of Tustin Investment Policy with changes. Motion carried 4-0, Potts absent. 355-85 --' PUBLIC INPUT - None OTHER BUSINESS/COMMITTEE REPORTS CITIZEN LETTER Councilmember Doyle thanked a citizen for the letter she sent him. RESIDENTIAL ALARM SYSTEMS Councilmember Doyle cautioned residents to check their alarm system functionality during a phone line disconnect. CITY COUNCIL MINUTES Page 8, 1-19-99 GET WELL WISHES Councilmember Doyle thanked everyone for sending get well wishes following his recent surgery. FIRE CODE AMENDMENTS Mayor Pro Tom Worley reported the Orange County Fire Authority Board would be reviewing California Fire Code amendments and requested staff advise her of any potential problem areas. CONSTRUCT[ON NOISE Mayor Pro Tom Worley reported she had received complaints regarding construction noise at the Congregation B'Nai Israel Synagogue. 50TH WEDDING ANNIVERSARY Mayor Pro Tem Worley congratulated her parents on their 50m wedding anniversary. Mayor Saltarelli conveyed his best wishes to Mr. and Mrs. Wills on their 50m wedding anniversary. CITY ENTRY SIGNS Councilmember Thomas suggested the City consider installing City entry signs, similar to the one on Irvine Boulevard, at other major City entry locations such as 3amboree Road. ORANGE COUNTY FINANCES: PAST~ PRESENT AND FUTURE CONFERENCE Councilmember Thomas reported he would be speaking on "Oversight" at the February 4, 1999 Orange County Finances: Past, Present and Future Conference, and encouraged Council and staff to attend. CLOSED SESSION Mayor Saltarelli announced that the City Council would convene in closed session to confer with the City Attorney regarding pending litigation to which the City was a party, City of Tustin v. Dixon, et.al (consolidated with Caltrans v. Dixon, et.al) Case Nos. 741682 and 741592. ADJOURNMENT Mayor Saltarelli adjourned the meeting at 9:48 p.m. to a February 1, 1999, closed session at 5:30 p.m. in the City Manager's conference room to confer with the City's real property negotiator, Christine Shingleton, pursuant to Government Code Section 54956.8 regarding property at MCAS Tustin. The negotiating parties were the U.S. Department of the Navy and the City of Tustin. The instructions to the negotiator concerned price and terms of payment. The next regular meeting of the City Council was scheduled for Monday, February 1, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. THOMAS R.,S~LTARELLI, MAYDR PAMELA STOKEI~ CITY CLERK