HomeMy WebLinkAboutCC MINUTES 1991 03 18MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
MARCH 18, 1991
I. CALL TO ORDER/PLEDGE OF
The meeting was called to order by Mayor Edgar at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance
was led by Mayor Pro Tem Puckett.
II. INVOCATION
The Invocation was given by Rabbi Elie Spitz of Congregation B'Nai
Israel.
III. ROLL CALL
Council Present: Richard B. Edgar, Mayor
Charles E. Puckett, Mayor Pro Tem
Leslie Anne Pontious
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
Lois Jeffrey, Assistant City Attorney
Rita Westfield, Asst. Dir./Community Development
Gary Veeh, Water Operations Manager
Susan Jones, Recreation Superintendent
Valerie Whiteman, Chief Deputy City Clerk
Cub Scout Pack No. 807
Approximately 50 in the audience
IV. CLOSED SESSION
At 7:01 p.m., Mayor Edgar announced the
Closed Session pursuant to Government
confer with the City Attorney regarding
been initiated formally and to which the
of the litigation was Zukowsky vs. City
was 631486.
THE MEETING RECONVENED AT 7:20 P.M.
V. PUBLIC HEARING
City Council would recess to
Code Section 54956.9(a) to
pending litigation which had
City was a party. The title
of Tustin and the case number
1. CONDITIONAL USE PERMIT 90-081 15642 PASADENA AVENUE
Christine Shingleton, Assistant City Manager, reported that on
March 13, 1989, the Planning Commission approved Conditional Use
Permit (CUP) 89-05 authorizing the construction of a two and one
half story, eleven unit apartment project, in an R-3 zoning
district. A CUP was required since the subject property abutted
R-1 zoned properties on its eastern (rear) property line.
Building permits for the project were issued in May 1989, and
during construction staff began receiving complaints from
property owners concerned about privacy and height of the
buildings. Staff reviewed the mailing list, prepared by the
title company for notification of the CUP 89-05 public hearing,
to determine why residents were voicing their concerns about the
project at that time. Staff discovered that R-1 properties
adjacent to, and east of the subject property, had been excluded
from the mailing list. The City Attorney determined that CUP
89-05 was invalid due to improper notification and consequently
the building permits for the project were revoked and
construction halted. CUP 90-08 was later filed by the applicant
seeking re -approval of CUP 89-05 with modifications. The
Planning Commission reviewed the proposed modifications and
denied CUP 90-08 and the matter was appealed by the City Council
on May 7, 1990. After workshops held between the developer and
CITY COUNCIL MINUTES
Page 2, 3-18-91
residents to work out a design compromise, the City Council
approved CUP 90-08 and revised building permits were issued in
August 1990. A number of owners of the R-1 family properties
adjacent to the Pasadena Avenue property objected to the
issuance of the CUP and filed a petition for Writ of
Administrative Mandamus (Paul Zukowsky, et al vs. City of
Tustin). Following a trial in December 1990, the Superior Court
ordered the City to set aside CUP 90-08. Ms. Shingleton also
reported on the project's description: unit location, building
setbacks, parking spaces, grading level, architectural design,
color scheme, and alterations/revisions to the project.
Robert Balen, L.S.A. Associates, gave a presentation and report
regarding the shade/shadow study.
Christine Shingleton gave a video presentation of the project
and stated staff believed the design of the project was
compatible and would result in minimal impact on the privacy of
the adjacent single family residences based on the following
information: 1) Project re -designed as one and two story
apartments over subterranean parking; 2) Pitched roof design
reduced shade on adjacent property; 3) Property setbacks; 4)
Obscure windows and window screening; 5) Appraisal report by
Donahue and Company; 6) Shade/shadow study; 7) Project lighting;
8) Construction quality; 9) Traffic impact; and 10) Uniform
Housing Code requirements.
Mayor Edgar opened the Public Hearing at 8:05 p.m.
The following member of the audience spoke in opposition to
Conditional Use Permit 90-08:
Sandra Zukowsky, 15641 Myrtle, Tustin (read letter dated March
18, 1991, mailed to City Attorney James Rourke from —
petitioner's attorney, Stephen Johnson)
James Rourke, City Attorney, responded that the Court had
concluded that statements from residents indicated the project
would cause detrimental shade/shadow effects and devaluation of
property; and there was no evidence in the record to counter-
balance their statements. He believed the proper procedure was
to have Council conduct a new public hearing on the appeal from
the Planning Commission's action taken in April, 1990.
The following members of the audience spoke in opposition to
Conditional Use Permit 90-08:
Constance Gordon, 15661 Myrtle Avenue, Tustin
Dean Karels, 17191 Corla, Tustin
Kathleen L. Arnold, 15631 Myrtle Avenue, Tustin (presented
photographs of her property)
David Wierzba, 15662 Myrtle Avenue, Tustin (presented
shade/shadow study handouts and read a letter from Don
Adaniya)
Paul Zukowsky, 15641 Myrtle Avenue, Tustin (submitted
photographs)
Kay Toice, 17262 Medallion Avenue, Tustin
Lakonda Mitchell, 15621 Myrtle Avenue, Tustin
John Landolfi, 15611 Myrtle Avenue, Tustin
Stephen D. Johnson, Attorney for Zukowsky et. al.
The following members of the audience spoke in favor of
Conditional Use Permit 90-08:
Caryl Goldstone, 310 N. Crescent Drive #305, Beverly
Hills
Fred W. Taylor, 2139 Westwood Blvd., Los Angeles
Council/staff/audience discussion followed regarding
shade/shadow and appraisal studies.
Upon advice of the City Attorney, it was moved by Puckett,
seconded by Pontious, to continue the Public Hearing to the
April 1, 1991 Council meeting.
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Page 3, 3-18-91
Councilmember Potts stated the issue of full grown trees
blocking views needed to be addressed, and he was opposed to
building subterranean parking. He favored denying the CUP
because of the lack of conformance to existing single family
residences, and because the City was immune from liability for
the denial, suspension or revocation of permits issued in error.
He cited case studies which supported this immunity.
Councilmember Prescott stated he hoped the Council would make a
decision at the next meeting in favor of the residents and he
supported the Planning Commission's denial of the CUP.
Motion carried 5-0. 81
RECESS - AT 9:20 P.M.# THE MEETING WAS RECESSED UNTIL 9:33 P.M.
VI. PUBLIC INPUT - None
VII. CONSENT CALENDAR
It was moved by Puckett, seconded by Potts, to approve the Consent
Calendar. Motion carried 5-0.
1. APPROVAL OF MINUTES - MARCH 4 REGULAR MEETING
Approved the City Council Minutes of March 4, 1991.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Approved Demands in the amount of $1,893,931.05 and ratified
Payroll in the amount of $274,518.90. 50
3. RESOLUTION NO. 90-37 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN CITY RECORDS AND PAPERS IN THE POSSESSION OF THE FINANCE
DEPARTMENT OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE
CONDUCT OF CITY BUSINESS PURSUANT TO THE AUTHORITY GRANTED BY
SECTIONS 34090, 34090.5 AND 34090.7 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA
Adopted Resolution No. 90-37 authorizing the destruction of
certain City records and papers no longer required. 50
4. RESOLUTION NO. 91-43 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN RECORDS, DOCUMENTS, AND PAPERS IN THE POSSESSION OF THE
POLICE DEPARTMENT OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR
THE CONDUCT OF CITY BUSINESS PURSUANT TO THE AUTHORITY GRANTED
BY SECTIONS 34090, 34090.5 AND 34090.7 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA
Adopted Resolution No. 91-43 allowing the destruction of
selected records, documents, and papers, as allowed by law. 82
5. RESOLUTION NO. 91-42 - 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 STREET LIGHT CONDUIT ON SYCAMORE AVENUE FROM CANTERBURY
AVENUE TO 600'± EASTERLY OF CANTERBURY AVENUE
Accepted the improvements constructed and authorized the
recordation of the Notice of Completion for said improvements
with the adoption of Resolution No. 91-42. 86B
6. INDEMNITY AGREEMENT BETWEEN CITY OF TUSTIN AND EMS DEVELOPMENT
COMPANY AND W.O. AND M.A. ENDERLE TRUST NUMBER 1
Approved and authorized the City Manager to execute subject
agreement. 45
7. ACCEPTANCE OF PUBLIC IMPROVEMENTS - PARCEL MAP NO. 88-179
Accepted all public improvements related to Parcel Map No. 88-
179 and authorized the release of the following bonds:
Faithful Performance No. 965948S - $30,000.00; Labor and
Material No. 965948S - $15,000.00; and Monumentation No.
9659495 - $1,000.00.
99
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Page 4, 3-18-91
8. ADVERTISEMENT OF BIDS - FURNISHINGS FOR TUSTIN AREA SENIOR
CENTER
Authorized the City Clerk to advertise bids for additional
furnishings for the Senior Center. 41
9. RESOLUTION NO. 91-34 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR SIDEWALK, CURB AND GUTTER REPAIR PROJECT, 1990-91 FISCAL
YEAR, AND AUTHORIZING ADVERTISEMENT FOR BIDS
Adopted Resolution No. 91-34 approving the plans and
specifications for subject project and directed the City Clerk
to advertise for bids. 86B
10. AWARD OF CONTRACT FOR THE CONSTRUCTION/MODIFICATION OF TRAFFIC
SIGNAL AND SAFETY LIGHTING AT VARIOUS LOCATIONS
Awarded the contract for the subject project to the low
bidder, Intersection Maintenance Service of Anaheim, in the
amount of $394,254.50, and authorized a supplemental 1990-91
budget appropriation from the Capital Improvement Fund in the
amount of $24,000. 86B
VIII. ORDINANCES FOR INTRODUCTION - None
IX. ORDINANCES FOR ADOPTION
1. ORDINANCE NO. 1058 - REVISED DATES OF TERMINATION OF TERMS FOR
CITY COMMISSIONS AND COMMITTEES
It was moved by Pontious seconded by Puckett, that Ordinance
No. 1058 have second reading by title only. Motion carried 5-0.
Following second reading by title only of Ordinance No. 1058 by
the City Clerk, it was moved by Pontious seconded by Puckett,
that the following Ordinance No. 1058 be passed and adopted:
ORDINANCE NO. 1058 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE
REGARDING THE APPOINTMENT AND TERMS OF MEMBERS OF THE PARKS AND
RECREATION COMMISSION, AUDIT COMMITTEE, CULTURAL RESOURCES
ADVISORY COMMITTEE AND PLANNING COMMISSION
Motion carried 4-1, Prescott opposed (roll call vote). 28
2. ORDINANCE NO. 1060 - WATER MANAGEMENT PROGRAM
It was moved by Pontious seconded by Prescott, that Ordinance
No. 1060 have second reading by title only. Motion carried 5-0.
Following second reading by title only of Ordinance No. 1060 by
the City Clerk, it was moved by Pontious seconded by Prescott,
that the following Ordinance No. 1060 be passed and adopted:
ORDINANCE NO. 1060 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
NECESSITY FOR AND ADOPTING A WATER MANAGEMENT PROGRAM
Motion carried 5-0 (roll call vote). 107
i
3. ORDINANCE NO. 1061 - ZONE CHANGE 90-05, WESTERN NEURO CARE
It was moved by Potts seconded by Pontious, that Ordinance No.
1061 have second reading by title only. Motion carried 5-0.
Following second reading by title only of Ordinance No. 1061 by
the City Clerk, it was moved by Pontious seconded by Puckett,
that the following Ordinance No. 1061 be passed and adopted:
ORDINANCE NO. 1061 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-05, A
REQUEST TO AMEND THE FIRST STREET SPECIFIC PLAN TO INCLUDE
"OFFICE" AS AN ADDITIONAL SECONDARY LAND USE DESIGNATION FOR THE
PROPERTY LOCATED AT 621 WEST FIRST STREET
Motion carried 5-0 (roll vote). 109
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Page 5, 3-18-91
X. OLD BUSINESS
1. ADDITIONAL PARKING SPACES AT CAMINO REAL PARR
Robert Ledendecker, Director of Public Works, reported staff had
provided two alternatives: 1) 5 spaces - 4 regular parking
spaces and one handicapped parking space within a recessed
parking bay; and 2) 3 spaces - 2 regular parking spaces and one
.•. handicapped parking space within a recessed parking bay. He
stated the cost estimates included construction, engineering,
administration and a contingency factor.
The following member of the audience spoke in opposition to
proposed parking spaces at Camino Real Park:
Douglas Bell, Sycamore Glen Homeowners' Association President
It was moved by Prescott, seconded by Potts, to approve
Alternative No. 1: 5 spaces - 4 regular parking spaces and one
handicapped parking space within a recessed parking bay.
Motion carried 5-0. 77
XI. NEW BUSINESS
1. CELEBRATION AND HOMECOMING EVENTS FOR THE TROOPS
Royleen White, Director of Community and Administrative
Services, reported that at the March 4 Council meeting, Tustin
resident, Larry Bales, suggested the City sponsor or coordinate
activities to welcome home the troops who served in the Middle
East War. She suggested activities could include participation
in a county -wide parade being held May 18, 1991, and dedicating
upcoming City events, such as 4th of July, to the troops.
The following members of the audience spoke in favor of
celebration and homecoming events for the troops:
Larry Bales, 2264 Juniper, Tustin
Laura Rightsmore, 27386 Meridian Way, Laguna Niguel
Mayor Edgar supported co -sponsoring with the county the May 18
parade; dedicating Chili Cook -Off and 4th of July Fireworks to
the troops; and presenting a proclamation honoring their
sacrifice and bravery.
Mayor Pro Tem Puckett favored designating April 27 through May
4 as "Proud To Be An American Week" in Tustin and supported the
proclamation request.
Councilmember Pontious also supported using the City's scheduled
events such as the Chili Cook -Off and 4th of July to highlight
the homecoming of the armed forces.
Councilmember Prescott suggested the Tiller Days Parade have a
military theme this year.
It was _moved by Edgar, seconded by Prescott, to support the
county -wide May 18 parade to welcome returning troops; dedicate
the City's 4th of July Fireworks Celebration, Chili Cook -Off,
and Tiller Days Parade to the military; and present a
proclamation in recognition of "Proud To Be An American Week."
Motion carried 5-0. 41
XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - MARCH ilj, 1991
Item No. 2, Conditional Use Permit 89-45 for Colonial Bible
Church, was appealed by Councilmember Prescott. It was moved by
Puckett, seconded by Pontious, to ratify the remainder of the
Planning Commission Action Agenda of March 11, 1991.
CITY COUNCIL MINUTES
Page 6, 3-18-91
Motion carried 5-0.
2. CONTINENTAL CABLEVISION INSTALLATION RATE INCREASE
3.
4.
It was moves nv lion,
file subject report.
Motion carried 5-0.
AIRPORT STATUS REPORT - FEBRUARY MEETINGS
W
to receive and
45
It was moved by Prescott seconded by Potts, to receive and file
subject report.
Motion carried 5-0.
STATUS REPORT ON COMMUTER RAIL STUDY
101
It was moved by Puckett seconded by Prescott, to receive and
file subject report.
Mayor Edgar noted that a commuter rail station was targeted for
the vicinity of Jamboree Road/Edinger Avenue and would have
significant impact on the City.
Motion carried 5-0.
101
5. STATUS REPORT ON CENTRAL ORANGE COUNTY FIXED GUIDEWAY PROJECT
It was moved by Puckett seconded by Pontious, to receive and
file subject report.
Councilmember Potts expressed his disappointment that the City
could not be a member in the Joint Powers Authority but was
pleased staff would be updating the Council on the progress of
the project.
Mayor Edgar noted that future membership would be inevitable as
the project progressed.
Motion carried 5-0. 82
6. YOUTH EDUCATIONAL PROGRAMS
it was moved by Potts seconded by Prescott, to receive and file
subject report.
Council comments followed regarding the EDGE program, 911
dispatcher console, the decrease in problem activities at Currie
Middle School, and receiving status reports on a regular basis.
Motion carried 5-0. 81
7. SOUTHWEST NEIGHBORHOOD STABILIZATION PROGRAM UPDATE
It was moved by Potts seconded by Puckett, to receive and file
subject report.
Council/staff discussion followed regarding the Santa Ana
overcrowding ordinance, identification of other deficient
apartment complexes, quarterly update reports, and graffiti
abatement program.
Motion carried 5-0. 81
8. SOUTHWEST NEIGHBORHOOD IMPROVEMENT MARKETING PROGRAM
It was moved by Potts seconded by Pontious, to receive and file
subject report.
Motion carried 5-0.
81
CITY COUNCIL MINUTES
Page 7, 3-18-91
Councilmember Potts suggested a youth summer basketball or
soccer league could be implemented for teenagers with assistance
from the Boys and Girls Club at a minimal cost to the City.
It was moved by Potts seconded by Prescott, that staff contact
Cliff Polston of the Boys and Girls Club regarding
implementation of a volunteer City -sponsored youth basketball
and soccer league program; and present a feasibility report to
.� the Council.
Motion carried 5-0.
9. ORANGE COUNTY FIRE DEPARTMENT EDUCATIONAL PROGRAMS
It was moved by Potts, seconded by Puckett, to receive and file
subject report.
Council discussion followed regarding elementary fire safety
educational programs as part of the EDGE and 911 programs.
As an addition to the motion it was moved by Potts seconded b
Prescott, to direct staff to investigate combining a fire safety
program into the EDGE program.
Motion carried 5-0. 51
10. QUARTERLY BUDGET REVIEW - MIDYEAR FISCAL 1990-91
It was moved by Prescott, seconded by Potts, to receive and file
subject report.
Mayor Edgar expressed concerned that sales tax growth was not as
healthy as it had been in the past and stated it was
disconcerting to see capital improvements scheduled for this
fiscal year not implemented and moved into the next fiscal year.
Motion carried 5-0. 50
11. ORANGE COUNTY MASTER PLAN OF REGIONAL TRAILS
It was moved by Potts, seconded by Puckett, to receive and file
subject report.
Councilmember Potts stated this was hopefully the beginning of
a successful multi -trail route through the City.
Motion carried 5-0.
41
12. INVESTMENT SCHEDULE AS OF FEBRUARY 28, 1991
It was moved by Pontious seconded by Puckett, to receive and
file subject report.
Motion carried 5-0. 50
13. ORANGE STREET IMPROVEMENTS
It was moved by Puckett, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0.
95
14. PROPOSED ORDINANCE TO ESTABLISH A WATER CONSERVATION AND
RATIONING PROGRAM
Gary Veeh, Water Operations Manager, reported that the Council
had directed staff to prepare a Water Rationing Ordinance based
upon a mandatory 15% consumer reduction. The rescheduled date
for the public hearing and introduction of the Water Rationing
Ordinance was April 1, 1991. He stated staff's approach would
be to identify the average water user in each class (single-
family residential, multi -family residential, industrial and
commercial) and require them to reduce their water consumption.
CITY COUNCIL MINUTES
Page 8, 3-18-91
He noted that this concept would be more difficult to implement
at the commercial class level.
Councilmember Pontious questioned if there would be
differentiation for families with swimming pools.
Gary Veeh replied there would not be differentiation; families
with swimming pools would be considered in the averages.
The following member of the audience spoke in opposition to a
Water Conservation and Rationing Program based on prior
consumption:
Charles Krause, 1651 Amherst Road, Tustin
Mayor Edgar stated it was critical that the City's standards be
equitable; however, achieving that equitability would be a
difficult challenge.
Councilmember Potts said that the Orange County Water District
had been recycling water for years and had set a precedent other
countries were following.
Richard Vining, 400 W. Main Street, Tustin, requested
information be available at the April 1 Public Hearing on the
projected use of gray water in East Tustin supplied by the
Irvine Ranch Water District, costs for capital improvements in
the water department, and projected costs.
Council/staff/speaker discussion followed regarding compliance
to State law, expanding the City's water well system, Orange
County Water District underground water, and base year vs.
averaging method.
It was moved by Potts seconded by Pontious, to receive and file
subject report and proceed as identified.
Motion carried 5-0. 107
XIII. PUBLIC INPUT - None
XIV. OTHER BUSINESS
1. CHILD CARE REPORT
Councilmember Pontious commended staff on the comprehensive
child care report.
2. TUSTIN HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM WON STATE
CHAMPIONSHIP
Mayor Pro Tem Puckett congratulated the Boys Varsity Basketball
team on winning the State Championship.
3. ELECTRO MAGNETIC FIELD WORKSHOP
Councilmember Prescott noted the attendance of Planning
Commissioners and staff members at the Electro Magnetic Field
Workshop.
4. OLD TOWN CHARETTE
Councilmember Prescott commended staff on a professionally
conducted charette held March 18th.
Mayor Edgar also commended staff on the Old Town Charette and
requested estimated timeline for compilation of the results.
Christine Shingleton, Assistant City Manager, responded a report
would be submitted in approximately 30 days.
CITY COUNCIL MINUTES
Page 9, 3-18-91
S. CITY HALL WISHING WELL
Councilmember Prescott reported the City Hall wishing well was
in need of repair.
6. MONUMENT ENTRY SIGNS
Councilmember Prescott expressed his desire that the "Work Where
You Must, But Live and Shop in Tustin" City entry signs remain
at First, Fourth, and Seventeenth Streets.
7. VOTE MARCH 19, 1991
Mayor Edgar encouraged all residents to vote on March 19 for the
State Senatorial vacancy.
8. WATER WELL ACQUISITION
Mayor Edgar requested a Closed Session at the April 1, 1991
Council meeting on the water well acquisition.
XV. ADJOURNMENT
Mayor Edgar adjourned the meeting at 10:45 p.m. The next regular
meeting of the City Council was scheduled for Monday, April 1,
1991, at 7:00 p.m.
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RICHARD B. EDGAR, r YOR
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MARY E. W 1N, CIT CLERK