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HomeMy WebLinkAboutCC MINUTES 1991 02 04MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 4, 1991 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE 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 Councilmember Potts. .TI. INVOCATION The Invocation was given by Father Timothy MacCarthy, St. Cecilia's Roman Catholic Church. 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, Dir./Community Development 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 Thomas Whisler, Building Official Susan Jones, Recreation Superintendent Valerie Whiteman, Chief Deputy City Clerk Approximately 30 in the audience CV. PROCLAMATION - ARMED SERVICES SUPPORT, MIDDLE EAST WAR Mayor Edgar read and presented a proclamation supporting the troops serving in the Middle East War to the following: Representing the U.S. Army - Captain James Ward, Major General Douglas O'Connor; Representing U.S. Navy - Captain Dean Campbell, Rear Admiral David A. Janes; Representing the Marine Corps, Colonel Paul Johnston; Representing the U.S. Air Force, Major General John R. Farrington; and Representing the Coast Guard, Captain Robert Ross. Major General Douglas O'Connor, U.S. Army, stated he was delighted to participate in this warm demonstration of support for the soldiers in Saudi Arabia and wished God speed to them for a swift and decisive victory. Major General John R. Farrington, U.S. Air Force, added his appreciation on behalf of the U.S. Air Force. He stated the proclamation would be sent to all locations in Saudi Arabia. Rear Admiral David A. Janes, U.S. Navy, thanked the Council for honoring each branch of service. He stated the support was appreciated; however, he encouraged similar support when the troops arrived home. e" 7. PUBLIC HEARINGS 1. PACIFIC CENTER EAST PROJECT - GENERAL PLAN AMENDMENT 90-03(a) AND 90-03(b); ZONE CHANGE 90-04 Christine Shingleton, Director of Community Development, gave a brief background of the project and reported that the Planning Commission was recommending to the Council approval of General Plan amendments including the Land Use Element, the Circulation Element, and Zone Change related to the Pacific Center East project. The Land Use Element amendment would assign certain properties within the project area from Industrial to Planned Community land use designation. The Circulation Element amendment included extension of Newport Avenue, realignment of Del Amo Avenue, and reconfiguration of the eastside SR -55 CITY COUNCIL MINUTES Page 2, 2-4-91 freeway ramps. The Zone Change amendment would reclassify properties from existing Industrial District to the Planned Community District. Councilmember Pontious stated that, in reviewing the fiscal impact analysis, the Redevelopment Agency should be conservative in the revenue estimate for the next couple of years. Councilmember Prescott complimented staff, the Planning Commission and the applicant, Catellus Development, for their thoroughness. Mayor Edgar said that because of the lengthy time element involved, the community had an opportunity to participate in this project. Mayor Edgar opened the Public Hearing at 7:10 p.m. The following member of the audience spoke in favor of the Pacific Center East Project: Brian Ibbetson, representing Catellus Development There were no other speakers on the subject and the Public Hearing was closed at 7:11 p.m. Mayor Pro Tem Puckett said this was an excellent project and beneficial for the City's southwest area. It was moved by Puckett, seconded by Pontious, to adopt the following Resolution No. 91-21 approving General Plan Amendments 90-03(a) and 90-03(b): RESOLUTION NO. 91-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 90- 03(b), AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN AND GENERAL PLAN AMENDMENT 90-03(a), REDESIGNATING ON THE LAND USE MAP IN THE LAND USE ELEMENT OF THE TUSTIN AREA GENERAL PLAN APPROXIMATELY 126 ACRES OF PROPERTY AS PLANNED COMMUNITY. SAID PROPERTY IS BOUNDED BY RED HILL AVENUE, VALENCIA AVENUE, THE SR -55 (COSTA MESA FREEWAY) AND AN ORANGE COUNTY FLOOD CONTROL CHANNEL DIRECTLY NORTH OF EDINGER AVENUE Councilmember Potts commented that the City's first major hotel would be built as a direct result of this project. Motion carried 5-0. It was moved by Potts, seconded by Pontious, to have first reading by title only of Ordinance No. 1057. Motion carried 5-0. Following first reading by title only of Ordinance No. 1057 by the City Clerk, it was moved by Puckett, seconded by Pontious, to introduce the following Ordinance No. 1057: ORDINANCE NO. 1057 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-04, AN AMENDMENT TO THE TUSTIN ZONING MAP TO RECLASSIFY CERTAIN PROPERTIES WITHIN THE PACIFIC CENTER EAST PROJECT AREA FROM THEIR EXISTING M (INDUSTRIAL) DISTRICT IN ORDER TO ESTABLISH CONSISTENCY WITH GENERAL PLAN AMENDMENT 90-03(a). THE PROPOSED REZONING ALSO INCLUDES ADOPTION OF THE PACIFIC CENTER EAST PLAN AS DEVELOPMENT STANDARDS FOR THE PROPERTY Motion carried 5-0. It was moved by Potts, seconded by Pontious, to instruct the Public Works Department to transmit to the County of Orange modifications to the County Arterial Highway Plan approved by General Plan Amendment 90-03(b). Motion carried 5-0. 56/109 CITY COUNCIL MINUTES Page 3, 2-4-91 2. EARTHQUAKE HAZARD MITIGATION REQUIREMENTS FOR EXISTING UNREINFORCED MASONRY BUILDINGS Christine Shingleton, Director of Community Development, stated this was not a required public hearing, but the City had advertized to owners of unreinforced masonry buildings to provide them an opportunity for input. She reported the Unreinforced Masonry Building Law, Senate Bill 547, required local governments to inventory unreinforced masonry buildings and establish earthquake mitigation programs for these buildings. The City submitted a report to the State Seismic Commission identifying eight reinforced buildings and proposed a hazard mitigation program. The program included notification of owners of potentially hazardous buildings, an ordinance indicating requirements for hazardous building mitigation; and providing financial incentives to encourage owners to begin retrofiting potentially hazardous buildings. She summarized the following financial incentives for seismic retrofit: 1) Continuation of Community Block Grant Funded Commercial Rehabilitation Program; 2) Waiver of Plan Check and Building Permit Fees for all seismic retrofit work; 3) Offer owners participation in an assessment district or Mello -Roos Community Facilities Act District; 4) Offer owners participation in Mills Acts Agreements; and 5) Inform owners of other available incentive programs. Councilmember Potts was impressed with the many financial options available to building owners. The following member of the audience spoke in favor of the proposed earthquake hazard mitigation requirements: Phil Cox, 403 E1 Camino Real, Tustin Council/speaker discussion followed regarding the proposed ordinance. Councilmembers Pontious and Prescott thanked Mr. Cox for his support of the earthquake mitigation requirements. Mayor Edgar stated the City was prepared to comply with the State's requirements and he was supportive of the financial incentives. It was moved by Potts, seconded by Pontious, to have first reading by title only of Ordinance No. 1059. Motion carried 5-0. Following first reading by title only of Ordinance No. 1059 by the City Clerk, it was moved by Puckett, seconded by Pontious, to introduce the following Ordinance No. 1059: ORDINANCE NO. 1059 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 8 OF THE TUSTIN CITY CODE BY ADOPTING EARTHQUAKE HAZARD MITIGATION REQUIREMENTS FOR EXISTING UNREINFORCED MASONRY BUILDINGS Christine Shingleton requested waiver of Design Review fees be included in the next motion. It was moved by Puckett, seconded by Pontious, to authorize staff to provide specific financial incentives for seismic retrofit including: (1) Waive plan check, building permit, and design review fees on all seismic retrofit work, (2) Offer owners of unreinforced buildings participation in an assessment district or Mello -Roos Community Facilities Act District to finance seismic retrofit and identify if there was significant interest enough to make such a bond issue feasible and (3) Offer owners of reinforced buildings participation in Mills Act Agreements. Motion carried 5-0. 81 CITY COUNCIL MINUTES Page 4, 2-4-91 VI. PUBLIC INPUT 1. INADEQUATE CABLEVISION RECEPTION Helen Edgar, Tustin, voiced her complaint regarding poor cable reception for City Council meetings and requested the City procure cable service that would cover the entire City. Councilmember Potts stated he had spoken with Bill Peterson, Director of Continental Cable, and Mr. Peterson said they had improved Channel 33 and were working with Community Cable to provide better service to Tustin. Councilmember Prescott acknowledged that there were problems with cable but was grateful they voluntarily televised Council meetings. Mayor Edgar said it was important to enhance the televised quality of Council meetings. 2. GANG ACTIVITY - NEWPORT/PASADENA/MCFADDEN AVENUE APARTMENT COMPLEX AREAS Rena Puebla, 1662 Green Meadow, Tustin, expressed concern regarding gang activity in the Newport/Pasadena/McFadden Avenue apartment complex areas and asked what steps the City was taking to prevent this activity. Mayor Edgar outlined the various programs implemented by the City to eliminate gang activity. Councilmember Potts noted Channel 33 would be televising a weekly program to combat gang and high risk youth activity. VII. CONSENT CALENDAR Item No. 9 was removed from the Consent Calendar by a member of the audience. It was moved by Prescott, seconded by Pontious, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - JANUARY 21, 1991 REGULAR MEETING Approved January 21, 1991, City Council Minutes. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Approved Demands in the amount of $4,626,068.53 and ratified Payroll in the amount of $276,804.84. 50 3. DONATED SPACE AGREEMENT - ORANGE COUNTY PROBATION DEPARTMENT Authorized the City Manager to execute the proposed Donated Space Agreement between the Tustin Police Department and the County of Orange Probation Department, which would allow Deputy Probation Officers to counsel and interview juvenile probationers at the Tustin Police Department. 45 4. BOLD HARMLESS AGREEMENT - ANAHEIM STADIUM PARKING LOT Executed the proposed Hold Harmless Agreement with the City of Anaheim for use of Anaheim Stadium parking lot in connection with driver's training for police motorcycles. 45 5. RESOLUTION NO. 91-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING RESOLUTION NO. 81-61 TO MODIFY THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODES OF THE CITY OF TUSTIN Adopted Resolution No. 91-20 modifying the Designated Positions contained in the Conflict of Interest Codes of the City of Tustin. 37 6. LAMBERT SCHOOL LEASE RENEWAL Renewed the lease with the Tustin Unified School District for use of Lambert School for a period of one year commencing on February 1, 1991, and ending January 31, 1992, and authorized the Mayor to execute the same. 45 CITY COUNCIL MINUTES Page 5, 2-4-91 7. ASSET FORFEITURE APPROPRIATIONS Appropriated $43,500 from the existing Narcotic Asset Forfeiture Funds to purchase: tactical operations helmets for each police officer, recruitment materials, investigation word processing work station, two computer terminals for patrol access, D.A.R.E. aeroplane, replacement canine, and traffic section computers. 82 S. AUTHORIZATION TO ADVERTISE FOR BIDS FOR RENOVATION IMPROVEMENTS AT FRONTIER PARK'S PLAY AREA Approved the specifications for Renovation Improvements at Frontier Park's Play Area and directed the City Clerk to advertise for bids. 77 10. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 13030 Accepted all public improvements within Tract No. 13030 and authorized the release of the following improvement bonds: Faithful Performance No. 5241-2170 - $359,130.00; and Labor and Material No. 5241-2170 - $179,565.00. 99 11. RELEASE OF MONUMENTATION BOND FOR TRACT NO. 13908 Authorized release of Monumentation Bond No. 091752 in the amount of $14,300.00. 99 12. RESOLUTION NO. 91-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION OF CONSTRUCTION OF CURB AND GUTTER, DRIVEWAY APRON AND STREET PAVEMENT IMPROVEMENTS ON BROWNING AVENUE Adopted Resolution No. 91-23 accepting said work and authorized the recordation of the Notice of Completion. 86B ,.. 13. RESOLUTION NO. 91-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO VACATE AND ABANDON A PORTION OF AUTO CENTER DRIVE ADJACENT TO PARCELS 6 AND 7 OF PARCEL MAP 84-1032 AS PER MAP FILED IN BOOK 200, PAGES 19 THROUGH 24 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND TO FIX A TIME AND PLACE OF PUBLIC HEARING THEREON Adopted Resolution No. 91-19 declaring the City's intention to vacate and abandon a portion of Auto Center Drive and setting a time and place of public hearing. 105 14. AUTHORIZATION FOR CONTRACT SERVICES FOR GENERAL PLAN PREPARATION Approved the Consultant Services Agreement with Cotton-Beland Associates, Inc. for preparation of Tustin's General Plan Update and Environmental Impact Report and authorized the City Manager to execute a contract. 45 15. REDUCTION OF IMPROVEMENT BONDS FOR TRACT NO. 13627 Authorized the release of Faithful Performance Bond No. 5241- 22-43 in the amount of $2,841,000 and Labor/ Materials Bond No. 5241-22-43 in the amount of $1,420,500 subject to posting of replacement bonds for the remaining public improvements to be completed in the amounts to be determined by staff. 99 16. PROFESSIONAL SERVICES AGREEMENT FOR THE STREET REHABILITATION/ WATER MAIN REPLACEMENT ON NISSON ROAD AND THE WATER MAIN REPLACEMENT ON EL CAMINO REAL Authorized staff to process a Professional Services Agreement with Willdan Associates for the street rehabilitation/water main replacement on Nisson Road (between Newport Avenue and Red Hill Avenue) and the water main replacement on E1 Camino Real (between Newport Avenue and Orange Street) in the amount of $41,800.00, and authorized execution of the agreement by the Mayor and City Clerk. 45 CONSENT CALENDAR NO. 9 - RESOLUTION NO. 91-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING FOR ADDITIONAL TEMPORARY, PARTIALLY PAID MILITARY LEAVE FOR CITY CITY COUNCIL MINUTES Page 6, 2-4-91 EMPLOYEES CALLED TO ACTIVE DUTY WITH THE CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS ARMED FORCES AND Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, requested clarification whether inactive reservists called to active duty would be compensated. William Huston, City Manager, replied that any reservist, regardless of their status, would be compensated. It was moved by Potts, seconded by Pontious, to adopt Resolution No. 91-22 which provided for continuation of City compensation for City employees called to active military duty during the Middle East War. Motion carried 5-0. 79 VIII. ORDINANCES FOR INTRODUCTION - NONE IX. ORDINANCES FOR ADOPTION - NONE X. OLD BUSINESS 1. SIDEWALK CONSTRUCTION AT 15602 MOSHER AVENUE Robert Ledendecker, Director of Public Works, stated the developer and the property owner concurred with staff's recommendations. It was moved by Potts, seconded by Puckett, to approve the request for waiver for sidewalk construction at 15602 Mosher Avenue subject to the following: (a) Execution of an irrevocable dedication for required right-of-way, (b) Execution and recordation of an agreement to construct sidewalks. Motion carried 5-0. XI. NEW BUSINESS 1. VEHICLE PARKING AT CAMINO REAL PARK 92 Susan Jones, Recreation Superintendent, reported that staff had identified three alternatives regarding parking at Camino Real Park: 1) Continue the existing policy with no on -street parking; 2) Designate limited on -street parking with no curb cuts; and 3) Install curb cuts along the street for designation of temporary parking. Neighbors living nearest the park opposed parking because of safety reasons, while nearby neighborhoods favored on -street parking. The item was discussed at length by the Parks and Recreation Commission and the Commission was unable to reach agreement on one alternative. The following members of the audience spoke in favor of on - street parking at Camino Real Park: Lois and Ron Carr, 13562 Farmington Road, Tustin The following members of the audience spoke in opposition to on - street parking at Camino Real Park: Douglas Bell, Sycamore Glen Homeowners' Association President Cheryl Bell, 2346 Aspen Street, Tustin Mayor Pro Tem Puckett said he was supportive of the existing policy of no on -street parking because the park was designed as a neighborhood park. He felt it was too costly to spend $15,000 for three parking places. Councilmember Pontious stated there would be future park options in the East Tustin area that could allow for facilitieswith parking and she favored the existing policy at Camino Real Park of no on -street parking. CITY COUNCIL MINUTES Page 7, 2-4-91 Councilmember Prescott stated he was in favor of temporary time- limited on -street parking, with no curb cuts, which would incur minimal cost. Councilmember Potts supported the existing policy of no on - street parking, but strongly requested installation of handicapped parking. Mayor Edgar said he thought it was a deficiency not to have parking available at the park and suggested implementing limited time and handicapped parking. William Huston, City Manager, suggested, due to safety concerns, staff study the feasibility of parking at Camino Real Park and present the results to the Council. It was moved by Pontious, seconded by Edgar, to continue the existing policy of no on -street parking; and designate one area at the safest location for on -street handicapped parking. As an addition to the motion, Councilmember Potts requested the inclusion of a loading/unloading zone and the City Engineer investigate the Council's direction to insure safety and return with a recommendation. Maker and second of the motion were agreeable. Councilmember Prescott asked that temporary, time limited on - street parking also be included. He did not receive Council concurrence. Councilmember Potts clarified that future parks should be planned to include parking accommodations. ,.., Motion carried 5-0. 77 III. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JANUARY 28, 1991 Councilmember Pontious was pleased that a Code Enforcement Officer was on staff and stated this would help improve the look of Tustin as well as enforcement of code violations. It was moved by Puckett, seconded by Pontious, to ratify the Planning Commission Action Agenda of January 28, 1991. 80 Motion carried 5-0. 2. INVESTMENT SCHEDULE AS OF DECEMBER 31, 1990 It was moved by Potts, seconded by Puckett, to receive and file subject report. Motion carried 5-0. XIII. PUBLIC INPUT 1. MILITARY RESERVIST COMPENSATION 50 Mark Brewer, 14802 Newport Avenue, Tustin, asked for clarification on Consent Calendar No. 9. He questioned if all levels of military reservists would be eligible for compensation. William Huston, City Manager, replied that all full-time City employee reservists called to full-time military duty would qualify. Consideration would be given to others on an individual basis. CITY COUNCIL MINUTES Page 8, 2-4-91 XIV. OTHER BUSINESS 1. YELLOW RIBBONS - HOMES Mayor Pro Tem Puckett reported Peppertree residents had tied yellow ribbons to all the trees located within the housing development and he encouraged other City residents to follow their example. 2. JOINT DINNER MEETING - CITY COUNCIL/TUSTIN UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION Councilmember Prescott requested a joint dinner meeting between the Council and the Tustin Unified School District Board of Education. Council concurred. XV. CLOSED SESSION Mayor Edgar announced that the City Council would recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally and to which the City was a party. The title of the litigation was City of Tustin vs. Hamblin et al. and the case number was 491218. The City Council also recessed to Closed Session to consider personnel matters pursuant to Government Code Section 54957. XVI. ADJOURNMENT At 8:10 p.m., the meeting was adjourned by Mayor Edgar. He announced the City Council had scheduled a dinner meeting with the Planning Commission on February 5, 1991, at 7:00 p.m.; and the next regular meeting of the City Council was scheduled for Tuesday, February 19, 1991, at 7:00 p.m. — XVII. FOLLOWING CLOSED SESSION It was moved by Edgar, seconded by Puckett, to approve creation of the following position classifications: Assistant City Manager and Water Services Manager. Motion carried 5-0. RICHARD B. EDGAR, MOOR MARY E. W NN, CITX CLERK