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HomeMy WebLinkAboutCC MINUTES 1992 01 20I. II. IV. V. 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 CITY COUNCIL MINUTES 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 CITY COUNCIL MINUTES 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