HomeMy WebLinkAboutCC MINUTES 1992 04 06Ke
II.
V.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
APRIL 61 1992
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Puckett at 7:00 p.m. in
the City Council Chambers, 300 Centennial Way. The Pledge of
Allegiance was led by Mayor Pro Tem Pontious.
INVOCATION
The Invocation was given by Mayor Puckett.
ROLL CALL
Council Present: Charles E. Puckett, Mayor
Leslie Anne Pontious, Mayor Pro Tem
Richard B. Edgar
Jim Potts
Earl J. Prescott
Council Absent: None
City Clerk: Mary E. Wynn
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Christine Shingleton, Assistant City Manager
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Royleen White, Dir./Community & Admin. Services
Rita Westfield, Asst. Dir./Comm. Development
Dana Kasdan, Engineering Services Manager
Doug Anderson, Transportation Engineer
Gary Veeh, Water Services Manager
Joann Perry, Associate Planner
Valerie Whiteman, Chief Deputy City Clerk
Approximately 50 in the audience
PUBLIC HEARINGS (Agenda Order)
1. RECOVERY OF CITY COSTS FOR THE ABATEMENT OF A PUBLIC NUISANCE
AT 14392 ROSEWOOD CIRCLE
Christine Shingleton, Assistant City Manager, reported that
on November 26, 1991, the property owner was notified by mail
of a public nuisance at 14392 Rosewood Circle and ordered to
clear the weeds and debris. Upon failure to clear the
property, a work order was issued. Staff had received an
anonymous telephone call just prior to the Council meeting
requesting continuance; however, because the caller could not
be identified, staff recommended adoption of subject
resolution.
Mayor Puckett opened the public hearing at 7:05 p.m. There
were no speakers on the subject and the public hearing was
closed.
It was moved by Potts, seconded by Edcaar, to adopt the
following Resolution No. 92-46 confirming the schedule of
costs associated with the abatement of weeds and debris, and
directing that the same constitute an assessment against the
subject project:
RESOLUTION NO. 92-46 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT
14392 ROSEWOOD CIRCLE FOR THE COST INCURRED BY THE CITY FOR
THE ABATEMENT OF A WEED AND DEBRIS NUISANCE
Motion carried 5-0.
440-10
2. CODE AMENDMENT 92-003, AMENDMENT TO TUSTIN CITY CODE SECTION
4616 (OUTDOOR SOUND AMPLIFYING DEVICES)
Christine Shingleton, Assistant City Manager, reported the
current City noise ordinance prohibited outdoor sound
amplifying devices, except those used by law enforcement or
CITY COUNCIL MEETING
Page 2, 4-6-92
other governmental agencies. Upon investigation, staff
discovered numerous existing commercial establishments
utilizing outdoor speaker systems. She stated that an
amendment to the City Code was initiated to allow outdoor
loudspeakers or sound amplifying devices on a case-by-case
basis, subject to approval of the Planning Commission and City
Council.
Mayor Puckett opened the public hearing at 7:10 p.m. There
were no speakers on the subject and the public hearing was
closed.
It was moved by Potts, seconded by Pontious, to approve Code
Amendment 92-003, Amendment to Tustin City Code Section 4616.
Councilmember Prescott noted that the Council Chambers had an
outdoor speaker in the atrium and the City would have to
comply with the noise restrictions also.
Mayor Pro Tem Pontious stated that when the noise ordinance
was adopted, potential use of outdoor sound amplifying devices
by large developments such as the Market Place, had not been
considered.
Motion carried 5-0. (For further action on this item see Page
5, Ordinances for Introduction.) 230-65
3. APPEAL OF CONDITIONAL USE PERMIT 92-004
Joann Perry, Associate Planner, reported that on March 9,
1992, the Planning Commission approved Conditional Use Permit
92-004 authorizing the establishment of a martial arts studio
located at 2923 and 2924 E1 Camino Real. On March 16, 1992,
staff received an appeal from Chang Kang based on business
practices of the property owner. She noted that action by the
City Council could only be based on land use issues.
James Rourke, City Attorney, clarified that land use approval
had to be based strictly on the use of the property; the City
did not have the power to evaluate the individuals who were
proposing to conduct the business.
Mayor Puckett opened the public hearing at 7:15 p.m.
The following members of the audience spoke in opposition to
Conditional Use Permit 92-004:
William Warne, 400 E. Chapman Avenue, Orange
Chang Kang, Irvine
Choi Joo, 227 S. Calle Diaz, Anaheim
Adam Zuckert, 1932 Bent Twig, Tustin
Richard Bainey, 2231 Northup, Tustin
The following members of the audience spoke in favor of
Conditional Use Permit 92-004:
Michael Bolding, 21520 Via Popita, Yorba Linda
John Greunke, 124 S. Beth Circle, Anaheim
David Graham, 333 N. Glassell #9644, Orange
There were no other 'speakers on the subject and the public
hearing was closed at 7:33 p.m.
It was moved by Prescott, seconded by Pontious, to uphold the
Planning Commission approval of Conditional Use Permit 92-004
by adoption of the following Resolution No. 92-47:
RESOLUTION NO. 92-47 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION OF THE CITY OF TUSTIN TO APPROVE
CONDITIONAL USE PERMIT 92-004, AUTHORIZING THE ESTABLISHMENT
OF A MARTIAL ARTS STUDIO USE IN THE PLANNED COMMUNITY (PC)
CITY COUNCIL MEETING
Page 3, 4-6-92
MIXED USE LAND USE CATEGORY LOCATED WITHIN THE TUSTIN MARKET
PLACE AT 2923 AND 2925 EL CAMINO REAL
Councilmember Prescott said that the speakers' differences of
opinion were presented at the wrong forum; however, he said
he was pleased they brought their concerns to the Council.
Mayor Pro Tem Pontious stated she understood the speakers'
concerns over business practices, but this public hearing
concerned land use and was not an alternative for limiting
business competition.
Council/staff discussion followed regarding adequate parking.
Councilmember Edgar stated that Council did not have authority
to determine whether a potential business owner was ethical.
Motion carried 5-0. 610-45
IV. PROCLAMATIONS (Agenda Order)
1. TUSTIN EAST LITTLE LEAGUE VOLUNTEERS
Mayor Puckett read and presented proclamations to the
volunteers who built the little league fields at Columbus
Tustin Middle School.
Proclamations were presented to: Doug Aderhold, Mike Bejack,
Rick Borden, Rocky Brown, Scott Daniels, Dan Fitzgibbon, Brian
Flaherty, Terry Gaines, Chris Hansen, Jerry Hanson, Clay
Harris, Baron Hunter, Wade Jackson, Roger Kersting, Michael
Kirby, Mark Leasure, Dana Martin, John McMurray, Jeff Minarik,
John Ohanian, Dick Phillips, Rick Phillips, Jeff Prather,
Glenn Smiley, Mark Svoboda, Larry Thomas, Bill Twomey, and
Mike Zauner.
Councilmember Potts commended and thanked the volunteers for
the amount of effort, funds, and time they provided for a
worthy cause.
2. TUSTIN NIGH SCHOOL GIRLS BASKETBALL TEAM
Mayor Puckett read and presented proclamations to the Tustin
High School Girls Basketball team for advancing to the State
finals.
Proclamations were presented to: Shawna Bray, Alison Carr,
Sarah Davis, Christine Garner, Jenny Granados, Kristin
Kirkwood, Jenny Lopez, Vicky Miyagawa, Shari Needham, Susan
Nitao, Erin Oakley, Tonja Reid, Janet Salapski, Sylvia
Salapski, Katie Scheuerman, Mariliz Valdez, and Coach Richard
Falk.
Coach Falk thanked the Council for the recognition.
VI. PUBLIC INPUT
1. AGENDIZING OLD TOWN ROOSTERS
Bill Collins, 430 W. Main Street, Tustin, questioned when the
subject of roosters in Old Town would be considered by the
Council.
Mayor Puckett responded that the issue would be on the agenda
for the May 4, 1992 Council meeting as a public hearing.
2. EXPEDITE COMPLETION OF BIKE LANES - WALNUT AVENUE
Jeff Huntress, 2322 Basswood Circle, Tustin, requested bike
lanes on Walnut Avenue, scheduled for completion in December,
be expedited and completed by summer.
fl,
CITY COUNCIL MEETING
Page 4, 4-6-92
Mayor Puckett directed staff to investigate the possibility
of accelerating completion of the bike lanes.
3. THANKED COUNCIL FOR RECENT ACTION
Jane Anderson, 2473 Via Corella, Tustin, thanked the Council
for the recent action taken in response to problems expressed
by the Sevilla Homeowners' Association regarding demonstration
of cars from Auto Center on Lagier Way, and Costco/K-Mart
grading on weekends.
VII. CONSENT CALENDAR
Item No. 14 was removed from the Consent Calendar by Councilmember
Edgar. It was moved by Pontious, seconded by Edgar, to approve
the remainder of the Consent Calendar as recommended by staff.
Motion carried 5-0.
1. APPROVAL OF MINUTES - MARCH 16, 1992 REGULAR MEETING
Recommendation: Approve the City Council Minutes of March
16, 1992.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$3,409,973.66 and ratify Payroll in the amount of
$668,371.58. 380-10
360-82
3. SALE OF SURPLUS EQUIPMENT
Recommendation: Receive and file notice of sale of surplus
vehicles as recommended by the Public Works
Department/Field Services Division. 380-60
4. ACCEPTANCE OF PUBLIC IMPROVEMENTS WITHIN TRACT NO. 13735 AND
RELEASE OF BONDS
Recommendation: Accept the public improvements associated
with Tract No. 13735 and authorize the release of the
following bonds: Faithful Performance Bond No. 09-12-86,
$55,000; Labor and Materials Bond No. 09-12-86, $27,500;
and Monumentation Bond No. 09-12-87, $8,400 as recommended
by the Public Works Department/Engineering Division.
600-70
5. EMPLOYEE REQUEST FOR LEAVE WITHOUT PAY
Recommendation: Authorize a one-year leave of absence
without pay for Maintenance Worker, Tony Perry, as
recommended by the City Manager. 520-65
6. PARK MAINTENANCE CONTRACT FOR MCFADDEN AND SANTA CLARA PARKS
Recommendation: Authorize staff to prepare specifications
and solicit bids for the annual landscape maintenance of
McFadden and Santa Clara Parks as recommended by the Public
Works Department/Field Services Division. 400-45
7. RE -ROOFING OF FOUR BUILDINGS AT THE CITY YARD
Recommendation: Award a modified contract to Petronella
Roofing for the subject project in the amount of $44,975 as
recommended by the Public Works Department/Field Services
Division.
910-40
8. AWARD OF CONTRACT FOR WATER MAIN RELOCATION ON NISSON ROAD
FROM nBn STREET TO PASADENA AVENUE
Recommendation: Award the 'contract to Noriega Pipeline,
Rancho Cucamonga, in the amount of $88,482.75 for the
subject project as recommended by the Public Works
Department/Engineering Division. 400-45
9. RESOLUTION NO. 92-50 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA,ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE WATER
MAIN RELOCATION ON EL CAMINO WAY AND THE ALLEY BETWEEN EL
CAMINO PLAZA AND I-5 FREEWAY, PROJECT NO. 600095
Recommendation: Adopt Resolution No. 92-50 accepting said
work and authorizing the recordation of the Notice of
CITY COUNCIL MEETING
Page 5, 4-6-92
Completion as recommended by the Public Works
Department/Engineering Division. 400-45
10. RESOLUTION NO. 92-52 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR SIDEWALK, CURB AND GUTTER, AND INTERLOCKING PAVER REPAIR
PROJECT, 1992-93 FISCAL YEAR, AND AUTHORIZING ADVERTISEMENT
FOR BIDS
Recommendation: Adopt Resolution No. 92-52 approving the
plans and specifications for subject project and directing
the City Clerk to advertise for bids as recommended by the
Public Works Department/Engineering Division. 400-45
11. RESOLUTION NO. 92-51 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT, 1991-
92 FY, PHASE I, AND AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 92-51 approving plans
and specifications and authorizing advertisement for bids
for subject project as recommended by the Public Works
Department/ Engineering Division. 400-45
12. RESOLUTION NO. 92-53 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE GRANT DEED FOR
PERMANENT EASEMENT FROM PROSPECT OFFICE PARTNERS
Recommendation: Adopt Resolution No. 92-53 accepting the
grant deed conveying the easement to accommodate the
construction of the Vandenberg well site as recommended by
the City Attorney. 490-10
13. AWARD OF CONTRACT FOR P.C.C. CROSS GUTTER AND CURB RETURNS AT
PACIFIC STREET AND SECOND STREET# AND PACIFIC STREET AND THIRD
STREET
Recommendation: Award the contract for subject project to
Hardy & Harper, Inc., of Santa Ana, in the amount of
$19,388.00; and approve transfer of $8,850.00 from the
Major Maintenance Program to this project as recommended by
the Public Works Department/ Engineering Division. 400-45
CONSENT CALENDAR ITEM NO. 14 - FIRE CONTRACT
Councilmember Edgar questioned if there was an identified cost
figure in the contract.
William Huston, City Manager, replied that the increased cost was
approximately 4 1/2 percent in 1992 and the projected increase for
1993 was 3 percent.
It was moved by Edgar, seconded by Pontious, to approve an
amendment authorizing a one-year extension of the City's contract
for fire services.
Motion carried 5-0. 400-70
VIII. ORDINANCES FOR INTRODUCTION
Christine Shingleton, Assistant City Manager, stated that in order
to complete action on Public Hearing No. 2, Code Amendment 92-003,
introduction of Ordinance No. 1083 was required.
It was moved by Edgar, seconded by Potts, that Ordinance No. 1083
have first reading by title only. Motion carried 5-0.
Following first reading by title only of Ordinance No. 1083 by the
Assistant City Manager, it was moved by Edgar, seconded by Potts,
that the following Ordinance No. 1083 be introduced:
ORDINANCE NO. 1083 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING SECTION 4616, A PORTION OF CHAPTER
6 OF ARTICLE 4 OF THE TUSTIN CITY CODE, TO ALLOW OUTDOOR SOUND
AMPLIFYING DEVICES AS AUTHORIZED BY THE TUSTIN CITY COUNCIL OR
PLANNING COMMISSION
CITY COUNCIL MEETING
Page 6, 4-6-92
IX.
X.
Motion carried 5-0.
FOR ADOPTION - None
OLD BUSINESS
230-65
1. INVESTIGATION OF ADDITIONAL TRAFFIC CONTROL DEVICES ON
PARKCENTER LANE BETWEEN BRYAN AVENUE AND TUSTIN RANCH ROAD
Dana Kasdan, Engineering Services Manager, reported at the
Council's request, staff investigated the possibility of
installing "Botts Dots" or school bus stop signs on Parkcenter
Lane. He said that both alternatives were not recommended;
however, installation of bicycle lanes on both sides of
Parkcenter Lane would allow better traffic visibility. Mr.
Kasdan noted that due to continued impaired site distance at
the corner of Maricopa/Parkcenter Lane, the Maricopa
Homeowners' Association would trim additional landscape at the
intersection.
Councilmember Potts requested the bicycle lanes on Parkcenter
Lane be completed by summer, and suggested that staff continue
working with the Maricopa Homeowners' Association.
It was moved by Potts, seconded by Pontious, to direct staff
to monitor the traffic flow and activity on Parkcenter Lane
between Bryan Avenue and Tustin Ranch Road; install bicycle
lanes on both sides of Parkcenter Lane from Bryan Avenue to
Tustin Ranch Road; and continue to coordinate with the
Maricopa Community Association to maintain adequate sight
distance at Maricopa and Parkcenter Lane.
Motion carried 5-0.
760-90 _
2. IRVINE BUSINESS COMPLEX (IBC) - RECIRCULATED DRAFT PROGRAM
ENVIRONMENTAL IMPACT REPORT (EIR) GENERAL PLAN AMENDMENT AND
REZONING
Rita Westfield, Assistant Community Development Director,
summarized the background of the Irvine Business Complex
development, and the recirculated Draft Environmental Impact
Report (DEIR) including: traffic impacts on the City, and
funding and phasing of circulation improvements. She stated
that there had been some agreement between the adjacent cities
and the City of Irvine regarding the preparation of a traffic
analysis of intersections and link volumes identified in the
original Notice of Preparation and DEIR; however, many issues
remained unresolved and had not been adequately addressed or
mitigated in the recirculated DEIR. Staff had prepared an
extensive report to the City of Irvine addressing the City's
concerns that would be forwarded upon Council approval.
Mayor Puckett congratulated staff on monitoring this situation
and urged them to continue.
Councilmember Edgar stated that it was critical for the City
of Irvine to be aware of the City's concerns.
Councilmember Potts questioned the discrepancy in the report
regarding the traffic increase, and noted the current high
vacancy rate in the commercial complex.
Mayor Pro Tem Pontious stated that Council must focus on the
potential traffic impacts to the City in the next 10-20 years
and stressed that the mitigation measures must be resolved at
this time.
It was moved by Prescott, seconded by Pontious, to authorize
staff to transmit comments and responses to the City of Irvine
on the Irvine Business Complex (IBC) project.
CITY COUNCIL MEETING
Page 7, 4-6-92
%I.
Councilmember Potts requested the homeowners associations be
notified of the City's comments to the City of Irvine
regarding this issue.
Motion carried 5-0.
NEN BUSINESS - None
XII. REPORTS
1. PLANNING
2.
3.
150-10
ACTION AGENDA - MARCH 23, 1992
It was moved by Pontious, seconded by Edgar, to ratify the
Planning Commission Action Agenda of March 23, 1992.
Motion carried 5-0.
FREEWAY CONSTRUCTION STATUS REPORT
120-50
It was moved by Pontious, seconded by Edgar, to receive and
file subject report.
Council/staff discussion followed regarding the news media
publishing projected dates of street/freeway ramp closures;
monthly construction updates; bridge construction timeframes;
April 13, 1992 joint meeting between the Chamber of Commerce
and the City; noticing businesses of Chamber/City meeting; and
St. Jeanne De Lestonnec School/I-5 freeway update.
Motion carried 5-0.
750-90
RESOLUTION NO. 92-49, RESCINDING EXCESSIVE WATER USE PENALTIES
AS ESTABLISHED IN ORDINANCE NO. 1063, SECTION E
Gary Veeh, Water Services Manager, reported as a requirement
of the Metropolitan Water District (MWD), Council adopted
Ordinance No. 1063 mandating a 30 percent reduction of
imported water usage in the City. He said on March 27, 1992,
the MWD voted to return to a voluntary program of 10 percent
water use reduction, and adoption of this resolution would
eliminate excessive water use penalties established in
Ordinance No. 1063.
Council/staff discussion followed regarding future variance
and exemption process.
It was moved by Edgar, seconded by Pontious, to adopt the
following Resolution No. 92-49 rescinding excessive water
usage penalties as established in Ordinance No. 1063, a
Mandatory Water Conservation and Rationing Program:
RESOLUTION NO. 92-49 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RESCINDING EXCESSIVE WATER USE
PENALTIES AS ESTABLISHED IN THE CITY OF TUSTIN ORDINANCE NO.
1063 SECTION E
Council/staff discussion followed regarding amount of fines
paid to MWD (approximately $20,000) and amount of fines
collected by the City (approximately $80,000).
Councilmember Prescott suggested that a report outlining a
rebate be agendized.
William Huston, City Manager, stated that a water system
analysis study, scheduled for Council review in 60-90 days,
would show a significant shortfall in resources for future
water capital improvements.
Council concurred to discuss the rebate issue when the water
study was reviewed.
Motion carried 5-0.
230-80
CITY COUNCIL MEETING
Page 8, 4-6-92
4. INVESTMENT 'SCHEDULE 'AS OF FEBRUARY°"29,'1992,,
It was moved by Edgar, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0.
XIII. PUBLIC INPUT
355-40
1. MAIN STREET CONSTRUCTION/DISPOSITION OF WATER CONSERVATION
REVENUES
Richard Vining, 400 W. Main Street, Tustin, expressed concerns
regarding Main Street construction between I-5/SR 55 freeways;
and disposition of $60,000 revenue from water conservation
fines.
Robert Ledendecker, Director of Public Works, addressed Mr.
Vining's concerns regarding the Main Street construction.
XIV. OTHER BUSINESS
1. FORMATION OF BUSINESS OWNERS GROUP
Councilmember Edgar suggested discussion at the Chamber
meeting of forming a business owners group to review City case
histories of merchants with business-related problems.
2. POLICE DEPARTMENT/CRIME STATISTICS
Councilmember Edgar reported Police Department statistics:
number of staff, ages, years of experience, number of college
degrees, and number of resignations.
Councilmember Potts noted his different perception of years
of experience and tenure of police officers.
Mayor Puckett reported level of crime statistics for Tustin.
3. CABLE COMPANIES BROADCAST STATE ASSEMBLY MEETINGS
Councilmember Edgar requested local cable companies consider
broadcasting State Assembly activities.
4. REMOVAL OF CAMPAIGN SIGNS
Councilmember Edgar noted a number of campaign signs had been
removed and requested police assistance.
5. ELECTION DAY - APRIL 14, 1992
Councilmember Edgar reminded everyone to vote Tuesday, April
14, 1992.
6. CHAMBER OF COMMERCE MEETING - APRIL 13, 1992
Mayor Pro Tem Pontious encouraged businesses to participate
in Chamber meeting on April 13, 1992, to discuss varied ways
to enhance businesses in Tustin.
7. CITY COUNCIL CAMPAIGN FORUM PRE-EMPTED
Councilmember Potts reported Community Cablevision had pre-
empted a City Council campaign forum and requested a re -run.
S. GRAFFITI - EL CAMINO/SIXTH STREET
Councilmember Prescott reported graffiti at E1 Camino/Sixth
Street bus stop.
CITY COUNCIL MEETING
Page 9, 4-6-92
9. CAMPAIGN SIGN REMOVAL
Councilmember Prescott promised to remove all his campaign
signs within 72 hours of the election and encouraged everyone
to vote on Tuesday, April 14, 1992.
XV. ADJOURNMENT
Mayor Puckett adjourned the meeting at 8:35 p.m. The next regular
meeting of the City Council was scheduled for Tuesday, April 21,
1992, at 7:00 p.m.
CHARLES E. PUCKETT, MAYOR
MARY E. 77 p CIT CLERK