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HomeMy WebLinkAbout02 MINUTES 09-21-98 MINUTES REL AR MEETING OF THE CiTY C~ .,ICIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 8, 1998 NO. 2 9-21-98 CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE 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 YMCA Indian Maidens Hopi Tribe. The Invocation was given by Mr. Al Enderle. ROLL CALL Council Present: Council Absent: City Clerk: Others Present: Thomas R. Saltarelli, Mayor Tracy Wills Worley, Mayor Pro Tem Mike Doyle Jim Potts Jeffery M. Thomas Pamela Stoker Christine Shingleton, Assistant City Manager Lois Jeffrey, City Attorney George Jeffries, City Treasurer Elizabeth Binsack, Director of Community Development Fred Wakefield, Police Captain 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 Bettie Correa, Senior Personnel Analyst . Dan Fox, Senior Planner Brad Evanson, Assistant Planner Karen Peterson, Associate Planner Approximately 40 in the audience PROCLAMATIONS STATE CHAMPIONS, CALIFORNIA CRUISERS GIRLS FASTPITCH SOFTBALL TEAM Mayor Saltarelli read and presented proclamations to the following players and coaches of ~he California Cruisers Girls Fastpitch Softball Team for winning the State Championship: Ashley Becker, Sandra Burns, Nicole Churnock, Dayna Feenstra, Jessica Glass, Allison Lewis, Jennifer McEIroy, Taryne Mowatt, Whitney Radcliff, Ashley Rosenthal, Jennifer Schroeder, Erin Slettvet, Heather Slettvet, Ashley Turner, Elizabeth Walters; and Coaches Jeff Radcliff, Doug Slettvet, Rick Glass. " City Council Minutes Pa§e 2, 9-8-98 Charles Walters, California Cruisers' General Manager, presented the City with one of the State plaques received by the team and expressed appreciation to staff and the community for their support during the season. Coach Radcliff reported on highlights of the season, tournament competition and conditions, and thanked the City Council for the recognition. Mayor Saltarelli and Councilmember Doyle commended the team for their extraordinary efforts.. Mayor Pro Tem Worley thanked the Southern California Pacific Bell for providing financial support to the team. PACIFIC BELL COMMUNITY RECOGNITION Edison Company and Mayor Saltarelli read and presented a proclamation to Pacific Bell in recognition of their donation of $5,500 to underwrite the cost of the City's Summer Concert Series. Pam Phelps, Pacific Bell Director of Community Affairs, stated Pacific Bell was proud to sponsor the event for the second year and looked forward to continued support in the future. PRESENTATION GOLD NUGGET AWARD FROM DOUGHERTY & DOUGHERTY FOR TUSTIN FAMILY AND YOUTH CENTER Betsey Dougherty presented the City Council with the Gold Nugget award received by the architectural firm of Dougherty & Dougherty for design of the Tustin Family & Youth Center. Mayor Saltarelli stated the facility was well-designed, children were naturally attracted to its appearance, and charitable organizations such as the Community Foundation were eager to contribute to the sucCessful program offered at the Youth Center. Mayor Pr°Tem Worley cOngratulated Betsey Dougherty on a recent Los Angeles Times newspaper article featuring her firm. Councilmember Potts noted that a basketball court was needed for the facility and requested staff explore acquisition of an adjacent vacant lot for that purpose. PUBLIC INPUT- None City Council Minutes Pa§e 3, 9-8-98 PUBLIC HEARING ( ITEMS I THROUGH 4) CONTINUED PUBLIC HEARING FOR THE APPEAL OF CONDITIONAL USE PERMIT 97-028 AND, DESIGN REVIEW 97-036 (APPLICANT: MASROOR BATLA, BATLA FOOD GROUP) Dan Fox, Senior Planner, stated this public hearing was continued from the August 17th City Council meeting at the request of the applicant. He reported that the applicant had provided clarification related, to the noise study prepared by J.J. Van Houten and Associates which included: utilization of existing facilities as a base measurement to establish typical fast-food restaurant noise; application of that data to determine distances from the residential area and readings at the property line; and decibel readings were measured from the residential property line, not the residential units. He noted that the Planning Commission had imposed specific mitigation monitoring measures to insure compliance with the City's Noise Ordinance. The issue of traffic impact and circulation at the site had been addressed by the City's Traffic Engineer and it had been determined that the facility would not have a significant impact on the circulation system in the area and the existing street system on Red Hill Avenue could accommodate the restaurant as designed and conditioned. He referenced the environmental documentation for the project and clarified that at the July 13th Planning Commission meeting, it was discovered that the traffic impact box on the check list was erroneously identified as no impact. However, discussion in the initial study clearly identified that mitigation measures were required and imposed as conditions of approval. The change made at the Planning Commission meeting was due to a clerical error and re-circulation of the initial study was not required based on that error. Elizabeth Binsack, Director of Community Development, stated that if the applicant proposed a modified plan, staff recommended the matter be remanded to the Planning Commission for a separate public hearing and an independent environmental analysis. Coralee Newman, representing the applicant, stated the applicant was considering an alternative site plan, would continue their efforts to address the residents' concerns, clarified that the applicant did not necessarily agree with the facts and figures presented by the Tustin. Green homeowners, the modified plan could potentially include relocating the Burger King further from the residents and installing an additional drive-thru lane sound wall, and the applicant was willing to submit an alternative site plan to the Planning Commission. Mayor Saltarelli expressed support for referring the matter back to the Planning Commission due to the importance of the project and clarified that the modified plan would not be submitted for City Council review unless the Planning Commission's final decision was appealed. City Council Minutes Pase 4, 9-8-98 Councilmember Doyle requested that any additional fees required from the applicant be waived. Councilmember Potts stated that returning the project' to the Planning Commission would clarify any questions regarding proper noticing for the negative declaration. It was moved by Doyle, seconded by Worley, to refer the matter back to the · Planning Commission and waive any additional fees required by the applicant. Motion carried 4-0, Thomas absent. m CODE AMENDMENT 98-003(B), AMENDMENT TO TUSTIN CITY CODE RELATED TO MEDICAL OFFICE PARKING RATES AND JOINT-USE PARKING (APPLICANT: CITY OF TUSTIN) Dan Fox, Senior Planner, stated there were two elements to the proposed amendment: (1) revision of parking rates for medical uses for the first 4,000 square feet of medical office space within a building or center which would provide additional flexibility for accommodating medical uses within an existing retail center and (2) providing shared parking or joint-use parking in larger centers where there was an efficiency use between office, retail, and restaurant spaces to satisfy the minimum parking requirements for non-residential uses. Mayor Saltarelli opened the Public Hearing at 7:32 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts, seconded by Worley, to adopt the following Resolution No. 98-79 approving the environmental determination for the project and to have first reading by title only of Ordinance No. 1206: RESOLUTION NO. 98-79- A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 98-003(B) INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Clerk read Ordinance No. 1206 by title only. It was moved by Potts, seconded by Worley, to introduce the following Ordinance No. 1206 approving Code Amendment 98-003(B): ORDINANCE NO. 1206 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 98-003(B), AN AMENDMENT TO TUSTIN CITY CODE SECTIONS 923168, 9232c2f, and 9235f3b5 RELATED TO MEDICAL OFFICE PARKING RATES, AND ADDING SECTION 9271aa RELATED TO JOINT-USE PARKING City Council Minutes Pa§e 5, 9-8-98 Motions carried 4-0, Thomas absent. MCAS-TUSTIN REUSE PLAN CORRECTIONS Christine Shingleton, Assistant City Manager, reported that in October 1996, the City Council approved the MCAS Tustin Reuse Plan and authorized submittal to the Department of Defense for purposes of proceeding with the project EIS/EIR. She stated the Reuse Plan was a policy document only and the City Council took no action on the zoning entitlement portion of the document, the Specific Plan, recognizing that could not occur until after certification of the EIS/EIR; after years of refined deliberations with the Department of Defense and beginning precise design on arterial roadway improvements, staff had discovered a number of critical refinements to the plan; and roadway alignments indicated less available land for development and additional right-of-way acquisition by the Marine Corps. She noted that changes in the errata were primarily refinements of the acreage totals of the disposal parcel, refinement of land use parcel designations, and correction of errors in the Specific Plan. She indicated that this action was necessary because the Navy was proceeding with their appraisal report on acquisition of the site and the City needed to accurately reflect the acres of developable parcels on the site. Mayor Saltarelli clarified that these were not substantive changes but only minor corrections to the Reuse Plan. Christine Shingleton reported that the Santa Ana Unified School District had submitted a letter requesting that their previous comments and testimony regarding the base closure be made a part of the record of proceedings for tonight's meeting. Council/staff discussion followed regarding the number of Tustin Unified School District sites on the base, the City's recommendation to the Department of Defense that 60 acres be transferred to the school district for two elementary and one high school, and the City was only a recommending body in that action and the final decision rested with the Department of Defense. Mayor Saltarelli opened the Public Hearing at 7:38 p.m. The following member of the audience questioned if the City Council was prepared to adopt a resolution finding that the final Environmental Impact Report prepared for the base had adequate mitigation measures as required by the California Environmental Quality Act: Berklee Maughan, Tustin. Christine Shingleton responded that this hearing was not on the Joint EIS/EIR, this hearing was to modify the project description for purposes of proceeding with City Council 'Minutes Pase 6, 9-8-98 completion of the EIS/EIR document, and the proposed project modifications would reduce the' anticipated development proposed on the site by approximately one million square feet. There were no other speakers on the matter and the Public Hearing was closed at 7:43 p.m. Mayor Saltarelli stated the City had received only 33 substantive comments to the initial EIR; due to substantial Federal government delays in.resolving other issues, several years had passed resulting in changes, including traffic impacts; and he noted that 5,000 comments were received on the El Toro initial EIR. Councilmember Potts noted that the City of Irvine had developed over a million square feet of research/development buildings on Jamboree Road; there was continuous dense development north of the I-5; noted there had been extensive population and dwellings on the base; lack of helicopter traffic would reduce air pollution; expressed support for completion of Von Karman through the base to alleviate Red Hill Avenue traffic; and completion of the TCA west leg would assist in alleviating traffic. He emphasized that if the base was not developed properly, traffic would become unmanageable; he supported proceeding with the base development and believed proper development would improve the environment. It was moved by Doyle, seconded by Worley, that the City Council acting as the Local Redevelopment Authority for MCAS-Tustin, adopt the following Resolution No. 98-80 approving an errata to the MCAS-Tustin Reuse Plan and authorizing its submittal to the Department of Defense: .RESOLUTION NO. 98-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND AUTHORIZING TRANSMITTAL OF AN ERRATA TO THE MCAS-TUSTIN REUSE PLAN TO THE DEPARTMENT OF THE NAVY AND THE DEPARTMENT OF DEFENSE Motion carried 4-0, Thomas absent. w CONSIDERATION TO REVOKE CONDITIONAL USE PERMIT 92-014 (RECYCLING FACILITY AT 14551 RED HILL AVENUE- FACILITY OPERATOR, CALIFORNIA RECYCLING ENTERPRISES) Elizabeth Binsack, Director of Community Development, gave a brief background history regarding the establishment of the recycling facility and reported that during the past 2.5 years the operators of the facility had violated numerous conditions of approval. Those violations included modification of approved bin locations; creating potential circulation hazards by allowing vehicles to block drive isles; storing materials outside the bins, including times when the facility was closed for business; and non-compliance with minimum requirement to operate 7 'days per week and the minimum number of hours of operation. Based on those City Council Minutes Page 7, 9-8-98 continued violations and enforcement costs to the City, the Planning Commission recommended revocation of the ConditiOnal Use Permit which would require the operator to remove the facility within 10 days and restore the site to its original condition. She reported that Jason Mortimor, representing Tomra Pacific, Inc., a potential buyer, had submitted a letter requesting a 30-day continuance, however, based on the history of violations at the site, staff recommended revocation of the permit. Mayor Saltarelli opened the Public Hearing at 7:48 p.m. The following member of the audience spoke in favor of revoking Conditional Use Permit 92-014: Kristi Henderson, 14645 Red Hill Avenue, Tustin The following member of the audience spoke in opposition to revoking Conditional Use Permit 92-014, requested a 30-day continuance, and submitted marketing brochures for Tomra Pacific Inc.: Jason Mortimer, representing Tomra Pacific Inc. Council/speaker Mortimer discussion followed regarding a two-week continuance, timeline for mitigation of violations, reduced hours of operation under new ownership, proposed use of reverse vending machines, and Tomra Pacific's standards of operation and number of facilities. Mayor Saltarelli closed the public hearing at 7:53 p.m. Councilmember Potts stated he supported revocation of the permit due to the history of violations, Tomra Pacific was welcome to submit a new permit application for consideration, and the required fees could be waived, Mayor Pro Tem Worley agreed and noted that residents had been subjected to the blight and nuisance conditions for a considerable period of time and she did not support a continuance. Mayor Saltarelli stated there had been considerable negative history related to this particular operation, he opposed the request for a continuance, and remarked on the numerous complaints he had received over the years regarding this site. Councilmember Doyle clarified that he was in favor of revocation, encouraged the potential buyer to submit new plans, and stated the containers and area were unsightly. It was moved by Doyle, seconded by Potts, to adopt the following Resolution No. 98-81 revoking Conditional Use Permit 92-014 which would require the operator to City Council Minutes Pase 8, 9-8-98 remove the facility within ten (10) days and to restore the site to its original condition: RESOLUTION NO. 98-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT 92-014 WHICH AUTHORIZED A 340 SQUARE FOOT BULK VENDING RECYCLING FACILITY WITHIN THE PARKING LOT OF THE SHOPPING PLAZA LOCATED AT 14551 RED HILL AVENUE Motion carried 4-0, Thomas absent. CONSENT CALENDAR (ITEMS 5 THROUGH 16) Item Nos. 7 and 10 was removed from the Consent Calendar at the request of Mayor Saltarelli and Mayor Pro Tem Worley. It was moved by Ports, seconded by Worley, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. 1 APPROVAL OF MINUTES- AUGUST 17, 1998 CITY COUNCIL REGULAR MEETING, AND AUGUST 17, 1998 SPECIAL MEETING OF THE TUSTIN PUBLIC FINANCING AUTHORITY Recommendation: Approve the City Council Minutes of August 17, 1998 and Tustin Public Financing Authority Minutes of August 17, 1998. 1 APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,864,379.59 and ratify Payroll in the amount of $354,389.22. al PROJECT FUNDING FOR MOTOR VEHICLE REGISTRATION SUBVENTION FUNDS (ASSEMBLY BILL 2766) PROGRAM Recommendation: (1) Authorize the use of City AB 2766 funds for the Tustin Commuter Rail Station, and (2) Authorize the City Manager to approve additional 'AB 2766 expenditures, consistent with Air Quality Management District guidance, throughout the 1998-99 program year as needed as recommended by the Community Development Department. 1 RESOLUTION NO. 98-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING THE 1998 ELECTRIC UTILITY PROPOSITION NO. 9 Recommendation: Adopt Resolution NO. 98-78 opposing the 1998 Electric Utility Proposition No. 9 and direct staff to forward this resolution to the League of California Cities and other organizations deemed appropriate as recommended by the City Clerk's office. 11. RESOLUTION NO. 98-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND City Council Minutes Pase 9, 9-8-98 12. 13. 3.4. 15. AUTHORIZING RECORDATION OF THE NOTICE OF COMPLETION FOR "B" STREET AND "C" STREET RECONSTRUCTION PROJECTS BETWEEN FIRST STREET AND IRVINE BOULEVARD (CIP NOS. 700151 AND 700150) Recommendation: Adopt Resolution No. 98-82 accepting said work as complete and authorize 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/ Engineering Division. CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE SERVICES WITH PLANT CONTROL LANDSCAPE MAINTENANCE, INC. Recommendation: Approve the second amendment to the contract agreement between Plant Control Landscape Maintenance, Inc. and the City of Tustin for landscape maintenance services subject to City Attorney approval as recommended by the Public Works Department/Field Services Division. AUTHORIZATION FOR ASSIGNMENT OF CONSULTANT SERVICES (PCR/KOTIN) Recommendation: Authorize the Assistant City Manager to execute an assignment of the Consultant Services Agreement with Kotin Mouchly Group Consulting to Planning Consultants Research (PCR)/Kotin as recommended by the Assistant City Manager. DENIAL OF CLAIM NO. 98-19, CLAIMANT: FELIX ZULOAGA Recommendation: Deny subject claim and direct the.City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. RESOLUTION NO. 98-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,. FINDING AND DETERMINING THE INDUSTRIAL DISABILITY OF DAVID GORA Recommendation: Adopt Resolution No. 98-66 approving the industrial disability retirement of David Gora as reviewed and approved by the Retirement Review Board. 16. LEAVE OF ABSENCE- WILLIAM McKEAGUE Recommendation: Grant a leave of absence to William McKeague for 90 days as recommended by the Director of Public Works/City Engineer. CONSENT CALENDAR ITEM NO. 7 - PLANNING COMMISSION ACTION AGENDA, AUGUST 24, 1998 Mayor Saltarelli stated he would appeal Item No. 2, Conditional Use Permit 98-010 and Design Review 98-008 (Nextel). It was moved by Saltarelli, seconded by Worley, to ratify the remainder of the Planning City Council Minutes Pa§e 10, 9-8-98 Commission Action Agenda of August 24, 1998. Motion carried 4-0, Thomas absent. CONSENT CALENDAR ITEM NO. 10- BOYS AND GIRLS CLUB VAN DONATION Mayor Pro Tem Worley commended Margarete Thompson for her continuous and lengthy efforts to obtain a van with a lift for the Senior Center and for soliciting funding to paint and provide safety equipment for the van. Councilmember Doyle commented how beneficial the transportation service would be for the elderly who had lost their driving privileges and suggested contacting the Tustin Auto Center for donations and/or use of additional vans. It was moved by Worley, seconded by Potts, to accept the donation of a van from the Boys and Girls Club of Tustin. Motion carried 4-0, Thomas absent. REGULAR BUSINESS- None PUBLIC INPUT- None OTHER BUSINESS SENIOR CENTER OLD FASHIONED COUNTRY PICNIC- AUGUST 25, 1998 Councilmember Doyle reported the Senior Center picnic was a well-attended, successful event. COMMENDATIONS - POLICE DEPARTMENT Councilmember Doyle commended the Police Department for assistance rendered at his restaurant resulting in the apprehension of an individual with outstanding domestic abuse warrants. Mayor Saltarelli commended Chief Foster and Captain Wakefield contributions to the community and membership in civic organizations. MARK MCGWIRE- HOME RUN RECORD for their Councilmember Doyle announced that Mark McGwire, St. Louis Cardinals, had hit his 62nd home run, breaking Roger Maris' single season home run record. City Council Minutes Page 11, 9-8-98 SENIOR CITIZEN HEAT RELIEF ASSISTANCE Councilmember Doyle reported that the Senior Center had been prepared to offer heat relief to the elderly durin§ the weekend, however, the temperatures dropped and assistance was not necessary. SMOG CHECK PROGRAM. Councilmember Doyle complained about increased, smog check fees and the lack of preparedness by the State to implement the smog check program. SPORTS PARK PARKING Mayor Pro Tem Worley noted that with the beginning of soccer season, the Sports Park/school district parking lots were filled to capacity and requested staff review alternatives for additional parking. YOUTH CENTER BASKETBALL COURT Councilmember Potts requested staff explore possible acquisition of the vacant lot adjacent to the Youth Center for construction of a basketball court. SYCAMORE AVENUE FREEWAY RAMP ENTRANCE Councilmember Potts commented on the attractiveness of the freeway ramp entrance landscaping at SR-55 and Sycamore Avenue. MEMORY LAPSE Councilmember Potts commented on the Council's memory lapse in recalling police officer names. COMMITTEE REPORTS - None CLOSED SESSION - None ADJOURNMENT Mayor Saltarelli adjourned the meeting at 8:07 p.m. The ne)~t regular meeting of the City Council was scheduled for Monday, September 21, 1998, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. THOMAS R. SALTARELLI, MAYOR PAMELA STOKER, CITY CLERK