HomeMy WebLinkAboutCC MINUTES 1991 09 03MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
SEPTEMBER 3, 1991
I. 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 Rev. James Gilroy, First Advent
Christian Church.
III. 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
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
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./Community Development
Susan Jones, Recreation Superintendent
Valerie Whiteman, Chief Deputy City Clerk
Anne Bonner, Associate Planner
Approximately 100 in the audience
IV. PROCLAMATIONS
1. TUSTIN COLT LEAGUE, WORLD SERIES CHAMPIONS
Mayor Puckett read and presented proclamations to the Tustin
White Sox team in recognition of winning the Colt World
Series.
Present to receive the proclamations were: Ernie Aceves,
Derek Baker, Hector Blancet, Armando Cueva, Jeff Cunningham,
Luis Estrella, Mando Fonseca, Brian Helsper, Chris Jordan,
Tito Lopez, Martin Ortega, Erasmo Ramirez, Toby Sanchez, Tim
Wilson, Tony Zuniga, "floppy" Cunningham, and Don Baker.
2. TUSTIN BOBBY SOX ALL-STARS, NATIONAL TOURNAMENT OF CHAMPIONS
Mayor Puckett read and presented proclamations to the Tustin
Bobby Sox All -Stars in recognition of winning the National
Tournament of Champions.
Present to receive the proclamations were: Vanessa Bair, Amie
Barnes, Kristi Bolle, Stacey Brunansky, Michelle Churnock,
Dawn Davidson, Sara Freeman, Tara King, Tara Lawrence, Jessica
Lindquist, Carley Rutledge, Kate Scheuerman, Dorothy Bair, Bob
Lindquist, Joe Brunansky, and Karen Rutledge.
V. PUBLIC HEARINGS
1. APPEAL OF CONDITIONAL USE PERMIT 91-10, DESIGN REVIEW 91-07,
AND AMENDMENT TO CONDITIONAL USE PERMIT 89-25
(PAQUETTE/KUMAGAI)
Anne Bonner, Associate Planner, reported that the applicants
were proposing approval of development bonuses, seven percent
reduction in amount of required parking, and authorization to
establish a tire service business at 135 South Prospect. She
stated approval would be based upon the applicants' proposal
of a consolidated development scheme including a reciprocal
driveway access between the tire service, office, and car wash
CITY COUNCIL MINUTES
Page 2, 9-3-91
businesses; and a coordinated landscape and architectural
theme. Pursuant to the bonus program sections of the First
Street Specific Plan, an applicant could request the
discretionary approval of development bonuses and reductions
in the amount of required parking spaces if the consolidation
and reciprocal access result in design objectives of the First
Street Specific Plan.
Mayor Puckett opened the public hearing at 7:22 p.m.
The following members of the audience spoke in favor of the
proposed tire service business:
Patti Champion, 17931 Fiesta Way, Tustin
Norm Fritz, property owner, 135 S. Prospect Avenue, Tustin
Steven Paquette, applicant, 135 S. Prospect, Tustin
Greg Bennett, Donley -Bennett Architects (and submitted seven
letters from area residents in favor of the project)
Carl Mastro, traffic engineer
The following member of the audience spoke in opposition of
the proposed tire service business based on granting of
exceptions:
Chris Phillips, Big -O Tire Store owner, 131 E. First Street,
Tustin,
There were no other speakers on the subject and the public
hearing was closed at 7:50 p.m.
Councilmember Edgar stated that the traffic analysis report
indicated this project would create a negligible traffic
impact. He favored the proposed single driveway and lot
consolidation, which would allow parking modifications under
the Municipal Code. He requested a traffic/parking study be
completed one year after occupancy; prohibition of automotive
repair/tune-up at the tire service business; and the
acceptance of the offer of dedication from the property owner.
Mayor Pro Tem Pontious said the proposed changes would enhance
the project; but, she felt they would not alleviate the
problems identified by the Planning Commission. She supported
the goals of the First Street Specific Plan and would
therefore oppose the appeal.
Councilmember Prescott stated the offer of dedication of the
Prospect Avenue property by Mr. Fritz should be accepted at
this time.
Christine Shingleton, Assistant City Manager, replied the
offer of dedication would be added to the conditions of
approval as a voluntary offer by the property owner.
Councilmember Potts said the proposed design of the project
was an improvement to the area, and the business would
generate revenue for the City; however, he was opposed to
future restrictions levied on the business.
Council/staff discussion followed regarding future
traffic/parking mitigation measures.
It was moved by Prescott, seconded by Edgar, to adopt the
following Resolution Nos. 91-109, 91-110B, 91-111, and 91-112
with the following conditions: traffic and parking demand
study completed one year after occupancy; prohibition of
automotive repair/tune-up; and acceptance of Prospect Avenue
voluntary offer of dedication.
RESOLUTION NO. 91-109 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 91-10,
DESIGN REVIEW 91-07 AND AMENDMENT TO CONDITIONAL USE PERMIT
89-25 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CITY COUNCIL MINUTES
Page 3, 9-3-91
RESOLUTION NO. 91-IIOB - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 91-10 AUTHORIZING THE ESTABLISHMENT OF A TIRE SALES AND
SERVICE BUSINESS ON THE PROPERTY LOCATED AT 135 SOUTH PROSPECT
AVENUE
RESOLUTION NO. 91-111 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL TO THE
REDEVELOPMENT AGENCY OF DESIGN REVIEW 91-07 FOR SITE
IMPROVEMENTS AND APPROVING CERTAIN LOT CONSOLIDATION BONUSES
AND A CONSOLIDATED PARKING/ACCESS BONUS PURSUANT TO THE FIRST
STREET SPECIFIC PLAN FOR THE PROPERTIES LOCATED AT 135 SOUTH
PROSPECT AVENUE AND 240 EAST FIRST STREET
RESOLUTION NO. 91-112 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT 89-25 AUTHORIZING MODIFICATIONS TO THE
CAR WASH SITE LOCATED AT 240 EAST FIRST STREET RELATED TO A
RECIPROCAL ACCESS DRIVEWAY
Anne Bonner clarified the addition to Exhibit A of Resolution
No. 91-110B, Condition 3.5: The applicant had proposed a
voluntary offer to dedicate up to 10 feet on Prospect Avenue
as may be deemed necessary in the future by the City Engineer
for Prospect Avenue widening. Prior to that recordation, set
offer to dedicate shall be subject to review and approval of
the City Engineer and City Attorney prior to issuance of a
building permit for the subject project.
Motion carried 4-1, Pontious opposed.
2.APPEAL OF VARIANCE 91-13 (KUMAGAI)
610-45
600-25
Anne Bonner, Associate Planner, reported an appeal had been
filed by the property owner, Henry Kumagai, to allow a
monument sign along street frontage at 240 E. First Street
which was 110 feet and the Municipal Code required 150 feet.
The proposed sign would also encroach nine feet into the
required ten foot yard setback. She noted, due to approval
of the lot consolidation under Public Hearing No. 1, an
additional condition had been included.
Mayor Puckett opened the public hearing at 8:00 p.m.
The following members of the audience spoke in favor of the
monument sign:
Henry Kumagai, property owner of 240 E. First Street
Representative, Superior Electrical Advertising
Council/staff/speaker discussion followed regarding proposed
sign size; and consolidated business use of monument sign.
Christine Shingleton, Assistant City Manager, summarized the
two actions available to the Council: approve, deny, or table
the appeal request on the original sign; or, due to approval
of the lot consolidation, direct the Planning Commission to
approve a First Street Specific Plan bonus incentive on the
signage to allow a consolidated monument sign. The Planning
Commission would have final authority and no further action
would be required by the City Council.
There were no other speakers on the subject and the public
hearing was closed at 8:10 p.m.
Councilmember Edgar stated he supported the consolidated
monument sign; setback to a minimum of two feet; and increased
sign height.
Mayor Puckett and Councilmember Potts said they supported the
consolidated sign and referral of the matter to the Planning
Commission.
CITY COUNCIL MINUTES
Page 4, 9-3-91
Mayor Pro Tem Pontious stated that because of the location,
the sign should not exceed six feet and the setback should be
larger than one foot.
It was moved by Edgar, seconded by Prescott, to refer this
subject back to the Planning Commission.
Further Council/staff discussion followed regarding sign size,
final decision resting with the Planning Commission, and
clarification of Council direction.
Motion carried 5-0. 610-50
VI. PUBLIC INPUT
1. COUNCIL SUPPORT OF LOCAL BUSINESSES
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, commended
the Council for their support of local businesses.
2. ORANGE COUNTY NEWS CHANNEL - CONTINENTAL CABLEVISION
Bill Petersen, Continental Cablevision General Manager,
announced the addition of the Orange County News Channel to
Channel 43 of Continental Cablevision.
VII. CONSENT CALENDAR
Items No. 4, 7, and 8 were removed from the Consent Calendar by
Mayor Pro Tem Pontious and Councilmember Potts. It was moved by
Potts, seconded by Prescott, to approve the remainder of the
Consent Calendar as recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - AUGUST 19, 1991 REGULAR MEETING
Recommendation: Approve the City Council Minutes of August
19, 1991.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$1,525,334.52 and ratify Payroll in the amount of
$278,286.58. 380-12
360-82
3. REJECTION OF CLAIM NO. 91-37 - CLAIMANT, JENNIFER JOUBRAN;
DATE OF LOSS, 7/22/91; DATE FILED WITH CITY, 8/2/91
Recommendation: Reject subject claim for property damages
in the amount of $316.30 as recommended by the City
Attorney. 180-10
5. REJECTION OF CLAIM NO. 91-35 - CLAIMANT, ERIC KOLLWITZ; DATE
OF LOSS, 2/7/91; DATE FILED WITH CITY, 8/6/91
Recommendation: Reject subject claim for general and
special damages of an undetermined amount as recommended by
the City Attorney. 180-10
* 6. AUTHORIZATION TO ADVERTISE FOR BIDS FOR LAUREL GLEN PARK
Recommendation: Approve plans and specifications to
authorize advertisements for bids for construction of Laurel
Glen Park as recommended by the Parks and Recreation
Commission and Community Services Department. 920-40
CONSENT CALENDAR NO. 4 - VESTING
TRACT MAP NO. 14381
Mayor Pro Tem Pontious said she was pleased with the modifications
of the three and four bedroom units and believed the change would
have a positive impact on parking problems.
It was moved by Pontious, seconded by Edgar, to approve the
following Resolution Nos. 91-114 and 91-115:
RESOLUTION NO. 91-114 - 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
CITY COUNCIL MINUTES
Page 5, 9-3-91
TRACT MAP NO. 14381 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN
INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
RESOLUTION NO. 91-115 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP
NO. 14381
Motion carried 5-0. 600-70
CONSENT CALENDAR NO. 7 - RESOLUTION NO. 91-118 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING
WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF
COMPLETION FOR INSTALLATION OF EAST TUSTIN MEDIAN ISLAND
LANDSCAPING AND IRRIGATION ON TUSTIN RANCH ROAD, JAMBOREE ROAD,
IRVINE BOULEVARD, PORTOLA PARKWAY, AND LA COLINA DRIVE
Councilmember Potts questioned what caused the 7.7% contract
overrun.
Robert Ledendecker, Director of Public Works, replied that the
primary cost overrun was due to a delay by the Southern California
Edison Company to provide electrical service to the irrigation
meters.
It was moved by Potts, seconded by Pontious, to accept the
improvements constructed and authorize the recordation of the
Notice of Completion for said improvements with adoption of
Resolution No. 91-118.
Motion carried 5-0.
400-45
* CONSENT CALENDAR NO. 8 - CIVIC CENTER EDISON COMPANY EASEMENT
(Councilmember Potts had inadvertently removed Item No. 8 instead
of Item No. 6.)
Referencing Consent Calendar No. 6, Councilmember Potts expressed
concern that only two parking spaces and one handicapped parking
space would be available at the Laurel Glen Park and questioned
the feasibility of additional future parking spaces.
It was moved by Potts, seconded by Pontious, to authorize the
granting of an easement to the Southern California Edison Company
for the relocation of an electrical service to the City Hall
facility and authorize the Mayor to execute said easement document
as recommended by the Public Works Department/Engineering
Division. y90
Motion carried 5-0.
VIII. ORDINANCES FOR INTRODUCTION - None
IS. ORDINANCES FOR ADOPTION - None
S. OLD BUSINESS - None
BI. NEW BUSINESS
1. FEE WAIVER/REFUND (PAQUETTE/KUMAGAI)
Anne Bonner, Associate Planner, reported that the applicants
were requesting refund of the application fees for Conditional
Use Permit 91-10, Design Review 91-07, and amendment to
Conditional Use Permit 89-25; and also requesting waiver of
appeal fees for a total of $1,987.50.
The following members of the audience spoke in favor of the
fee waiver/refund:
Norm Fritz, property owner, 135 S. Prospect Avenue, Tustin
Stephen Paquette, applicant, 135 S. Prospect Avenue, Tustin
Greg Bennett, Donley -Bennett Architects
CITY COUNCIL MINUTES
Page 6, 9-3-91
Councilmember Prescott proposed the feasibility of the
Redevelopment Agency paying for the fees to promote
development within the area.
Councilmember Edgar stated that due to staff time and the
complexities involved on this project, he was not in favor of
the fee waiver/refund.
Mayor Pro Tem Pontious said that part of the ambiance of
living in Tustin was its appearance, which was due in part to
staff's necessary involvement to insure new developments were
an enhancement to the City.
Mayor Puckett stated he also believed the City had a better
project because of staff time involved.
It was moved by Edgar, seconded by Pontious, to deny the
request for fee waiver/refund.
Motion 4-1, Prescott opposed. 3%-57-15-
2. BOUNDING OF LOCOMOTIVE WARNING EQUIPMENT
It was moved by Edgar, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0. 690-60
XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - AUGUST 26j, 1991
It was moved by Pontious, seconded by Edgar, to ratify the
Planning Commission Action Agenda of August 26, 1991.
Motion carried 5-0. 120-50
2. INVESTMENT SCHEDULE AS OF JUNE 30j, 1991
It was moved by Edgar, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0.
355-50
3. OLIVE TREE PLANTING - IRVINE BOULEVARD WESTERLY OF NEWPORT
AVENUE
It was moved by Pontious, seconded by Potts, to receive and
file subject report.
Motion carried 5-0. 950-45
%III. PUBLIC INPUT - None
XIV. OTHER BUSINESS
1. ADJOURNMENT IN MEMORY OF AGNES BACON
Councilmember Edgar requested adjournment of the meeting in
memory of Agnes Bacon who recently passed away. She was the
wife of former Councilmember, Frank Bacon.
2. TUSTIN HIGH SCHOOL PARKING LOT WALL
Councilmember Edgar stated he did not believe the Tustin High
School parking lot wall was at maximum height and requested
staff investigate.
3. OPPOSITION TO EL TORO MARINE BASE AIRPORT
Councilmember Edgar requested agendizing a resolution to
reaffirm Council's opposition to use of the E1 Toro Marine
Base as an airport.
CITY COUNCIL MINUTES
Page 7, 9-3-91
Mayor Pro Tem Pontious stated she attended the Airport Land
Use Committee hearing and reiterated that Tustin was opposed
to an airport at E1 Toro Marine Base.
4. YOUTH ISSUES COMMITTEE
Mayor Pro Tem Pontious reported that the first meeting between
Tustin Unified School District and City representatives had
been held, and she encouraged anyone with child care concerns
p-. to contact staff.
S. LANDSCAPING ON JAMBOREE ROAD
Councilmember Potts questioned when landscaping would be
completed for Jamboree Road north of the I-5 freeway.
Robert Ledendecker, Director of Public Works, replied that
authorization for landscaping would be submitted in
approximately 4 to 6 weeks.
6. YMCA SEEKING BOARD MEMBER VOLUNTEERS
Councilmember Potts stated that the YMCA was seeking
volunteers to serve as board members.
7. GRAFFITI - TUSTIN/FIRST STREET AND TUSTIN HIGH SCHOOL
Councilmember Prescott reported graffiti on the traffic
control box at Tustin Avenue and First Street; and on the
retaining wall across from Tustin High School.
S. COMMENDATION - FINANCE
Mayor Puckett read a letter from William Huston, City Manager,
commending the Finance Department on receiving the Certificate
of Achievement from the Government Finance Officers
Association for the 1989/90 financial audit.
Mayor Puckett adjourned the meeting at 8:50 p.m. in memory of
Agnes Bacon. The next regular meeting of the City Council was
scheduled for Monday, September 16, 1991, at 7:00 p.m.
CHARLES E. PUCKETTr MAYOR
MARY E. IYNNp C "'Y CLERK