HomeMy WebLinkAboutCC MINUTES 1992 01 20I.
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
JANUARY 20, 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. A moment of
silence was held in memory of Martin Luther King, Jr. The Pledge
of Allegiance was led by Mayor Puckett.
INVOCATION
The Invocation was given by Rev. Henry Sellers, First Baptist
Church.
ROLL CALL
Council Present: Charles E. Puckett, Mayor
Mayor Puckett read and presented a proclamation to Cheryl
Gunderson honoring her service on the Audit Committee.
Cheryl Gunderson thanked the Council for the proclamation and said
it had been a pleasure to work on the Audit Committee.
PUBLIC HEARING
1. VESTING TENTATIVE TRACT MAP 14371
Becky Stone, Assistant Planner, reported staff had received
a petition signed by residents near the subject property
addressing two issues: eucalyptus trees as a fire hazard and
the potential of Cactus Wren present on the site. She stated
the proposed development plans included reforestation that
would remove existing unhealthy trees and provide landscaping,
subject to approval of the Orange County Fire Department.
Environmental evaluation was currently being completed
regarding the Cactus Wren and the study had not identified the
bird or its habitat on the subject site.
Mayor Puckett opened the public hearing at 7:10 p.m.
The following members of the audience spoke in opposition to
Vesting Tentative Tract 14371:
Thomas J. Tracy, 2232 Racquet Hill, Santa Ana
Tom Crosby, 2211 Pavillion, Santa Ana
Councilmember Potts noted that the City and Irvine Ranch Water
District were providing reclaimed water for irrigation to the
area.
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
Bettie Correa, Senior Personnel Analyst
Dan Fox, Senior Planner
Anne Bonner, Associate Planner
Becky Stone, Assistant Planner
Valerie Whiteman, Chief Deputy City Clerk
Approximately 50 in the audience
PROCLAMATION -
CHERYL GUNDERSON, FORMER AUDIT COMMITTEE MEMBER
Mayor Puckett read and presented a proclamation to Cheryl
Gunderson honoring her service on the Audit Committee.
Cheryl Gunderson thanked the Council for the proclamation and said
it had been a pleasure to work on the Audit Committee.
PUBLIC HEARING
1. VESTING TENTATIVE TRACT MAP 14371
Becky Stone, Assistant Planner, reported staff had received
a petition signed by residents near the subject property
addressing two issues: eucalyptus trees as a fire hazard and
the potential of Cactus Wren present on the site. She stated
the proposed development plans included reforestation that
would remove existing unhealthy trees and provide landscaping,
subject to approval of the Orange County Fire Department.
Environmental evaluation was currently being completed
regarding the Cactus Wren and the study had not identified the
bird or its habitat on the subject site.
Mayor Puckett opened the public hearing at 7:10 p.m.
The following members of the audience spoke in opposition to
Vesting Tentative Tract 14371:
Thomas J. Tracy, 2232 Racquet Hill, Santa Ana
Tom Crosby, 2211 Pavillion, Santa Ana
Councilmember Potts noted that the City and Irvine Ranch Water
District were providing reclaimed water for irrigation to the
area.
CITY COUNCIL MINUTES
Page 2, 1-20-92
The following member of the audience spoke in favor of Vesting
Tentative Tract No. 14371:
Rob Frakes, 32 Deerfield, Trabuco Canyon
There were no other speakers on the subject and the public
hearing was closed at 7:30 p.m.
Councilmember Edgar stated that because the area was graded
and potential fire hazards had been addressed, he was
supportive of staff's recommendation.
It was moved by Edgar, seconded by Pontious, to approve the
Environmental Determination for the project by adopting the
following Resolution No. 92-05 and approve Vesting Tentative
Tract Map No. 14371 by adopting the following Resolution No.
92-06, subject to the conditions contained in Exhibit A:
RESOLUTION NO. 92-05 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL
EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND
ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING
TENTATIVE TRACT MAP NO. 14371 AND ALL FEASIBLE MITIGATION
MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 92-06 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP NO. 14371 TO CREATE FIFTY-FIVE (55) NUMBERED AND THREE (3)
LETTERED LOTS FOR A SINGLE-FAMILY RESIDENTIAL PROJECT LOCATED
ON LOT 26 OF TRACT 13627
Motion carried 5-0. 600-70
VI. PUBLIC INPUT
1. 25TH ANNIVERSARY - BOYS AND GIRLS CLUB OF TUSTIN
Members of the Boys and Girls Club, and their Director, Cliff
Polston, thanked the Council for their support during the past
25 years and presented a plaque to the City.
Mayor Puckett accepted the plaque on behalf of the City.
2. GREAT WESTERN RECLAMATION CONTRACT RENEWAL
The following members of the audience spoke in opposition to
automatic renewal of the Great Western Reclamation contract:
Chris Keena, attorney representing 5 -Star Rubbish Service
Dolores Otting, 5 -Star Rubbish Service
3. ST. JEANNE DE LESTONNAC SCHOOL - DRIVEWAY ACCESS
Barbara Boese, St. Jeanne De Lestonnac School Home & School
Association president, thanked the Council for support of
concerns expressed at the January 6, 1992 Council meeting
regarding the school's Main Street driveway access.
VII. CONSENT CALENDAR
It was moved by Potts, seconded by Pontious, to approve the Consent
Calendar as recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES — JANUARY 6, 1992 REGULAR MEETING
Recommendation: Approve the City Council Minutes of January
6, 1992.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $703,163.13
and ratify Payroll in the amount of $284,613.45. 380-10
CITY COUNCIL MINUTES
Page 3, 1-20-92
3. RESOLUTION NO. 92-07 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ORDERING FORECLOSURE ACTIONS AND
APPROVING SPECIAL COUNSEL AGREEMENT
Recommendation: Adopt Resolution No. 92-07 ordering
foreclosure actions and authorize the City Manager to execute
the Special Counsel Agreement as recommended by the Finance
Department. 455-60
4. RESOLUTION NO. 92-14 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN
RECORDS
Recommendation: Adopt Resolution No. 92-14 allowing for
destruction of applications and testing materials for
recruitments which have been closed for over two years as
recommended by the Administrative Services Department. 170-40
5. RESOLUTION NO. 92-18 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE ADMISSION OF THE CITY
OF DANA POINT AS A PARTY TO THE FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR AGENCY
Recommendation: Approve the admission of the City of Dana
Point as a party to the Foothill/Eastern Transportation
Corridor Agency and authorize the Mayor to execute Amendment
No. 2 to the First Amended and Restated Joint Exercise of
Powers Agreement creating the Foothill/Eastern Transportation
Corridor Agency by adopting Resolution No. 92-18 as
recommended by the Public Works Department/Engineering
Division. 400-10
6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT
NO. 13788
Recommendation: Accept the public improvements within Tract
No. 13788 and authorize the release of the following bonds of
-- the indicated amounts: Faithful Performance Bond No. 09-12-
80, $17,500.00; Labor and Material Bond No. 09-12-80,
$8,750.00; and Monumentation Bond No. 09-12-81, $7,500.00 as
recommended by the Public Works Department/Engineering
Division.
600-70
7. RESOLUTION NO. 92-21 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 14295
Recommendation: Adopt Resolution No. 92-21, as submitted or
revised, approving Final Tract Map No. 14295 as recommended by
the Community Development Department. 600-70
8. RESOLUTION NO. 92-20 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13734
Recommendation: Adopt Resolution No. 92-20, as submitted or
revised, approving Final Tract Map No. 13734 as recommended by
the Community Development Department. 600-70
9. AWARD OF CONTRACT FOR SLURRY SEAL PROJECT, 1989-90 AND 1990-91
FY
Recommendation: Award subject contract to Doug Martin
Contracting Company, Inc., La Habra, in the amount of
$153,468.61 as recommended by the Public Works Department/
Engineering Division. 400-45
10. RESOLUTION NO. 92-19 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO.
92-1
Recommendation: Adopt Resolution No. 92-19 approving Lot Line
Adjustment No. 92-1 as recommended by the Public Works
Department/Engineering Division. 600-35
11. TRACT NO. 13746 - QUITCLAIM DEED
Recommendation: Authorize and execute the following document
for Tract No. 13746 on behalf of the City: City Quitclaim
Deed to Mandevilla Condominium Association for relinquishment
of sidewalk easements as recommended by the Public Works
Department/Engineering Division. 600-70
12. RESOLUTION NO. 92-22 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
CITY COUNCIL MINUTES
Page 4, 1-20-92
FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM
UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR
THE NISSON ROAD LANDSCAPING RESTORATION PROJECT
Recommendation: Adopt Resolution No. 92-22 authorizing Robert
Ledendecker, Director of Public Works, to submit an
application for the State Resource Agency Environment
Enhancement and Mitigation Program Grant as recommended by the
Community Development Department. 660-10
13. RESOLUTION NO. 92-16 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND
COMPENSATION OF TREE TRIMMERS
Recommendation: Adopt Resolution No. 92-16 amending the City
of Tustin Salary Schedule as recommended by the Administrative
Services Department. 520-70
VIII. ORDINANCES FOR INTRODUCTION - None
IX. ORDINANCES FOR ADOPTION - None
X. OLD BUSINESS - None
XI. NEW BUSINESS
1. REDEMPTION OF 1973 CIVIC CENTER GENERAL OBLIGATION BONDS
Ronald Nault, Director of Finance, reported that $400,000 worth
of bonds were maturing or subject to call April 1, 1992, and
approximately $99,000 would be surplus and available for
transfer to the Park Development Fund.
It was moved by Edgar, seconded by Prescott, to direct staff to
call for the redemption of all outstanding bonds of the 1973
Civic Center issue on the next available call date of April 1,
1992. Further direct that, upon the determination of the
Finance Director that the redemption has been finalized, any
surplus funds are to be transferred to the Park Development Fund
for future park projects.
Motion carried 5-0. 350-15
2. APPEAL OF AMENDMENT TO DESIGN REVIEW 91-07
Anne Bonner, Associate Planner, summarized the background of
Design Review 91-07 including: a combined development site for
businesses located at 240 E. First and 135 S. Prospect; bonuses
under the lot consolidation program; and authorization of a 48
square foot monument sign. Staff received an appeal from the
applicant, Mr. Kumagai, requesting copy area on the monument
sign for his car wash only due to problems associated with his
gasoline supplier, Texaco. Staff recently received a written
affirmation from Texaco of the proposed sign design with minor
alterations; however, Mr. Kumagai wished to pursue the monument
sign for his business only.
The following member of the audience spoke in favor of appeal of
amendment to Design Review 91-07:
Jeffrey Stern, Superior Graphic Systems president, 1700 W.
Anaheim St., Long Beach
Councilmember Edgar stated that since the Planning Commission
had addressed the sign size and modifications were acceptable to
Texaco, he would support the Planning Commission's action.
Following clarification of the recommended action by Christine
Shingleton, Assistant City Manager, it was moved by Edgar,
seconded by Pontious, to uphold the Planning Commission's denial
of one sign; requested sign modification to include both
businesses and roof design if agreeable to tire service
applicant; and staff to submit revised resolution.
Motion carried 5-0. 600-25
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Page 5, 1-20-92
3. REQUEST FOR "STOP SIGNS OR SPEED BUMPS ON PARXCENTER LANE AT
MARICOPA AND AT MONTEREY STREET
It was moved by Edgar, seconded by Pontious, to direct staff to
prepare a warrant study for Parkcenter Lane at Maricopa and at
Monterey Street.
Motion carried 5-0.
760-90
4. STATUS REPORT - ST. JEANNE DE LESTONNAC SCHOOL DRIVEWAY ACCESS
It was moved by Potts, seconded by Pontious, to receive and file
subject report.
Motion carried 5-0.
5. LEGAL FEES
730-90
William Huston, City Manager, reported that this report
addressed several questions raised by Councilmember Potts.
Councilmember Potts requested another staff report clarifying
additional issues including: comparison of survey cities of
benefits paid contract city attorneys; inclusion of the City of
Irvine's study on in-house attorneys; and a study of Orange
County cities comparable in size to Tustin, utilizing in-house
attorneys.
It was moved by Potts. seconded by Pontious, to continue this
item to the February 3 Council meeting.
Motion carried 5-0. 455-05
� XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - JANUARY 13, 1992
Councilmember Edgar removed Item No. 12 (McWhinney Berries). It
was moved by Pontious, seconded by Edgar, to ratify the
remainder of the Planning Commission Action Agenda of January
13, 1992. Motion carried 5-0.
Councilmember Edgar reported he was supportive of the staff
report option: Use Determination and Temporary Use Permit
extension.
Council/staff discussion followed regarding appeal
process/timeline and selection of properly zoned sites.
The following member of the audience addressed the Council
regarding his desire for an expeditious solution:
Chad McWhinney, Director of McWhinney Berries
Council/staff discussion followed regarding Use Determination
and Conditional Use Permit timeline.
It was moved by Edgar, seconded by Prescott, to appeal Item No.
12, Request for Temporary Sale of Strawberries, McWhinney
Berries.
Councilmember Prescott stated he was supportive of providing
fund raising opportunities for non-profit groups.
Mayor Pro Tem Pontious said she was also supportive of fund
raising opportunities for non-profit groups and encouraged the
applicant to work with staff to find the most expeditious
resolution.
Motion carried 5-0. 120-50
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Page 6, 1-20-92
2. ANNUAL REPORT OF THE AUDIT COMMITTEE AND SUBMITTAL OF THE CITY
OF TUSTIN'S COMPREHENSIVE ANNUAL FINANCIAL REPORT DATED JUNE 30,
1991
It was moved by Pontious seconded by Potts, to receive and file
subject reports.
Motion carried 5-0.
3. WISHING WELL RECONSTRUCTION
300-85
Councilmember Edgar stated reconstruction of the wishing well
would be included in the Phase 2 City Hall project, and
emphasized the wishing well's importance because of the local
effort involved in the original construction.
It was moved by Edgar, seconded by Pontious, to receive and file
subject report.
Mayor Pro Tem Pontious stated that a sign would be erected
explaining the wishing well would be reconstructed during the
civic center renovation.
Councilmember Prescott requested staff submit renderings to
Council.
Motion carried 5-0. 910-30
4. STATUS REPORT - COMPLIANCE WITH THE AMERICANS WITH DISABILITIES
ACT
It was moved by Pontious seconded by Potts, to receive and file
subject report.
Motion carried 5-0.
S. OVERVIEW OF 1991 WATER STATUS
250-75
It was moved by Potts seconded by Pontious, to receive and file
subject report.
Mayor Pro Tem Pontious commented on the City's conservation
effort and the reduction of water costs.
Council/staff discussion followed regarding availability of
water system study in approximately 60 days.
Motion carried 5-0.
6. STATE OF THE CITY ADDRESS
840-05
Mayor Puckett reported 1991 major milestones for the City of
Tustin as follows: fiscal year 1991-92 budget balanced;
Jamboree Road extension through the Marine base opened;
construction began on Civic Center expansion project; Marine
Corps Air Station, Tustin, would be relocated to Twenty -Nine
Palms in 1997; preparation of planning process for conversion of
the Air Station to private uses; comprehensive planning process
for Old Town Tustin began; recycling program began July 1;
architectural plans for the Columbus Tustin Park gymnasium were
underway; Community Involvement Partnership Program in southwest
Tustin commenced with adoption of a property maintenance
ordinance and other measures enabling the City, residents, and
property owners to work cooperatively in responding to the needs
of this area; comprehensive review of the General Plan; funds
appropriated for design of community sports complex in Tustin
Ranch; numerous traffic signal and water line projects
completed; commercial base expanded with decisions by Costco, K -
Mart, and Ikea to locate in Tustin; transportation and land use
plans submitted to State and regional agencies in compliance
with Proposition 111 and Measure M; continuation to proceed with
fifteen other Orange County cities in forming a fire district.
Mayor Puckett stated that with the tremendous changes in the
Orange County region, Tustin continued to respond to its
CITY COUNCIL MINUTES
Page 7, 1-20-92
regional responsibilities, while at the same time preserving its
unique character and strong local identity.
Councilmember Prescott included construction of the Fourth
Street and Tustin Ranch Road bridges to the City's
accomplishments. 420-05
%III. PUBLIC INPUT - None
XIV. OTHER BUSINESS
1. INCORPORATION OF NORTH TUSTIN DENIED
Councilmember Edgar reported LAFCO had denied the request for
incorporation of North Tustin.
2. BASE CLOSURE TASK FORCE - MARINE CORPS AIR STATION, TUSTIN
Mayor Pro Tem Pontious reported the success of the first meeting
of the Base Closure Task Force.
3. YOUTH SCHOLARSHIPS - TUSTIN EAST LITTLE LEAGUE AND AYSO
Councilmember Potts reported the Community Services Department
had provided youth scholarships to the Tustin East Little League
and AYSO (American Youth Soccer Organization).
4. INVESTIGATE TRASH FEES
Councilmember Potts requested staff investigate to insure there
were no overcharges for trash service.
5. RE-ELECTION - GENERAL MUNICIPAL ELECTION, APRIL 1992
Councilmember Potts announced that he would seek re-election as
councilmember in April 1992.
6. GRAFFITI ON STONEGLASS/MAIN STREET WALL
Councilmember Prescott requested staff contact Caltrans
regarding graffiti on Stoneglass/Main Street wall.
7. PROCLAMATIONS PRESENTED TO TUSTIN HIGH SCHOOL FOOTBALL TEAM AND
COACH
Mayor Puckett announced he had presented proclamations to the
Tustin High School Football team and coach at the school's award
banquet.
%V. CLOSED SESSION
Mayor Puckett announced the City Council would recess to Closed
Session to meet with its designated representatives regarding labor
relations matters pursuant to Government Code Section 54967.6.
XVI. AWOURNMENT
Mayor Puckett adjourned the meeting at 8:20 P.M. The next regular
meeting of the City Council was scheduled for Mond February 3,
1992, at 7:00 p.m.
CIfARLES E. PUCKETT, MAYOR
' _a L UJ /1*�__
MARY E. I
INN, CI Y.CLERK