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HomeMy WebLinkAboutCC MINUTES 1990 12 03I. II. IV. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTINO CALIFORNIA DECEMBER 31 1990 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 Prescott. INVOCATION The Invocation was given by Pastor Don Wright, Tustin Presbyterian Church. ROLL CALL Council Present: Council Absent: Others Present: PUBLIC HEARINGS Richard B. Edgar, Mayor Charles E. Puckett, Mayor Pro Tem Leslie Pontious Jim Potts Earl J. Prescott None William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Com. Development W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Com. & Admin. Services Daniel Fox, Senior Planner Valerie Whiteman, Chief Deputy City Clerk Approximately 15 in the audience 1. 1991-92 PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (17TH YEAR APPLICATION) Christine Shingleton, Director of Community Development, reported the County of Orange had solicited funding applications for the City's participation in the Urban County's Community Block Grant Program for fiscal year 1991-92. The City held a community meeting on November 16, 1990, resulting in the following project funding recommendations: 1) continuation of the City's successful residential rehabilitation program in the amount of $100,000; 2) continuation of the commercial rehabilitation program in the amount of $25,000; 3) various street improvements for the Orange Street area totaling $257,000; and 4) demolition of the existing restroom at Frontier Park and construction of a new restroom facility. Mayor Edgar opened the Public Hearing at 7:05 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Puckett. seconded by Pontious, to adopt the following Resolution No. 90-147 approving the 1991-92 application for the proposed use of Community Development Block Grant (CDBG) funds: .. RESOLUTION NO. 90-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY'S 1991-92 APPLICATION FOR HOUSING AND COMMUNITY DEVELOPMENT FUNDS AND AUTHORIZING SUBMISSION OF SUCH APPLICATION TO THE COUNTY OF ORANGE Motion carried 5-0. 81 2. RECONSIDERATION OF ZONE CHANGE 90-01 AND APPEAL OF CONDITION NO. 8.9 OF EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 2816 - TUTT/TUSTIN AUTO SPA CAR WASH Daniel Fox, Senior Planner, gave a staff report regarding the proposed Zone Change from C-1 (Retail Commercial) District to C -G (Commercial General) District and one condition of approval which required the removal of an existing billboard at 1501 Nisson Road. Mayor Edgar opened the Public Hearing at 7:10 p.m. CITY COUNCIL MINUTES Page 2, 12-3-90 The following member of the audience spoke in favor of the proposed Zone Change and approval of the billboard remaining on site: Gene Tutt, applicant, 1501 Nisson Road, Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:11 p.m. Councilmember Pontious said she had serious reservations regarding _ traffic impact and the compatibility of the zoning in the area. Mayor Pro Tem Puckett had concerns about the project when it previously came before the Council, but believed that the proposed project was the best use for the site and would enhance the area. Councilmember Potts stated he was against the project previously; however, completion of Tustin Ranch Road and Jamboree Road would ease the traffic on Red Hill Avenue. Mayor Edgar said there were limited options for this land and the project appeared to be productive land use. It was moved by Prescott seconded by Puckett, to adopt the following Resolution No. 90-150: RESOLUTION NO. 90-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 90-01 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 4-1, Pontious opposed. It was moved by Prescott seconded by Potts, that Ordinance No. 1055 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1055 by the City Clerk, it was moved by Puckett seconded by Prescott, that the following Ordinance No. 1055 be introduced: ORDINANCE NO. 1055 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-01, A REQUEST TO REZONE PROPERTY LOCATED AT 1501 NISSON ROAD FROM C-1 (RETAIL COMMERCIAL) TO C -G (COMMERCIAL GENERAL) Motion carried 4-1, Pontious opposed. It was moved by Puckett seconded by Prescott, to adopt the following Resolution No. 90-152: RESOLUTION NO. 90-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPEAL TO DELETE CONDITION NO. 8.9 OF EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 2816, WHICH APPROVED CONDITIONAL USE PERMIT 90-03 TO ALLOW A CAR WASH AT 1501 NISSON ROAD Motion carried 4-1, Pontious opposed. 109 V. PUBLIC INPUT 1. COMMISSION/COMMITTEE MEMBERSHIP POLICY Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin, requested the policy on commission/committee membership include a provision that only Tustin residents could serve. 2. REMOVAL OF ASBESTOS AT 1011 EL CAMINO REAL Frank Greinke requested the City assume financial responsibility for removal of asbestos in the building located at 1011 E1 Camino Real, Tustin, which he purchased from the City in 1978. The estimate for inspection and removal of the asbestos was approximately $1000 and stated he would assume the responsibility of costs above that amount. The building could not be demolished or relocated until the asbestos was eliminated. CITY COUNCIL MINUTES Page 3, 12-3-90 Mayor Edgar stated the City was morally responsible to remove the asbestos because the presence of asbestos was created by the City when the building was originally sold. It was moved by Edgar, seconded by Prescott, that the subject of removal of asbestos at 1011 E1 Camino Real be agendized this evening for immediate action. Motion carried 5-0. "~ William A. Huston, City Manager, suggested that before the City took action or assumed responsibility, staff provide background information for the Council's review. Mayor Pro Tem Puckett said he was not comfortable acting on the subject tonight and requested background information. Councilmember Potts also requested the building's background information. It was moved by Prescott seconded by Pontious, that staff provide background asbestos information on the building located at 1011 E1 Camino Real, and agendize the matter at the December 17, 1990 meeting. Motion carried 5-0. 3. CHRISTMAS PARTY FOR MARINE CORPS FAMILIES - DECEMBER 15, 1990 Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, reported that children of Marines serving in Saudi Arabia would receive Christmas gifts on December 15, 1990, at a party sponsored by area Rotary Clubs held at Marine Corps Air Station, Tustin. CONSENT CALENDAR It was moved by Puckett, seconded by Pontious, to approve the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - NOVEMBER 19, 1990 REGULAR MEETING Approved the City Council Minutes of November 19, 1990. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Approved Demands in the amount of $1,578,277.15 and ratified Payroll in the amount of $258,730.87. 50 3. RESOLUTION NO. 90-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13786 Approved Final Tract Map no. 13786 by the adoption of Resolution No. 90-142. 99 4. RESOLUTION NO. 90-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13735 Approved Final Tract Map No. 13735 by the adoption of Resolution No. 90-148. 99 5. PUBLIC WORKS MANAGEMENT STUDY - ARROYO ASSOCIATES Authorized the City Manager to execute an agreement with Arroyyo Associates for consultant services. 45 6. RESOLUTION NO. 90-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF EMBOSSED CONCRETE PAVING IMPROVEMENTS AT VARIOUS LOCATIONS Adopted Resolution No. 90-153 approving the plans and specifications for the subject project and directing the City Clerk to advertise for bids. 86B VIZ. ORDINANCES FOR INTRODUCTION - None VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1052 - ZONE CHANGE 90-03 Christine Shingleton, Director of Community Development, reported on November 5, 1990, the City Council introduced Ordinance No. CITY COUNCIL MINUTES Page 4, 12-3-90 1052, a proposed rezoning which would adopt a Planned Community (PC) district and the Newport/Warren Planned Community regulations for 7.826 acres located in the vicinity of Newport and Warren Avenues. Prior to final adoption of Ordinance 1052, the revised Negative Declaration on the project should be certified. It was moved by Puckett seconded by Prescott, to adopt the following Resolution No. 90-146: RESOLUTION NO. 90-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING CERTIFICATION TO THE CITY COUNCIL OF THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 90-03, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Prescott seconded by Puckett, that Ordinance No. 1052 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1052 by the City Clerk, it was moved by Prescott seconded by Puckett, that the following Ordinance No. 1052 be passed and adopted: ORDINANCE NO. 1052 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-03 TO ZONE PROPERTY LOCATED ON 7.826 ACRES IN THE VICINITY OF NEWPORT AND WARREN AVENUES TO PC (PLANNED COMMUNITY). THE APPLICANT FOR THIS ZONE CHANGE IS THE CITY OF TUSTIN Motion carried 5-0 (roll call vote). 2. ORDINANCE NO. 1054 - FLOOD PLAIN MANAGEMENT o" It was moved by Prescott seconded by Pontious, that Ordinance No. 1054 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1054 by the City Clerk, it was moved by Potts seconded by Puckett, that the following Ordinance No. 1054 be passed and adopted: ORDINANCE NO. 1054 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION 98O2.1(A) OF CHAPTER 8, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE RELATED TO FLOOD PLAIN MAPPING IN THE CITY'S FLOOD PLAIN MANAGEMENT REGULATIONS Motion carried 5-0. 107 IX. OLD BUSINESS 1. UTILITY POLE REMOVAL AT SOUTHEASTERLY CORNER OF MAIN STREET AND NEWPORT AVENUE Mayor Edgar reported at a previous City Council meeting, staff was directed to request from Southern California Edison Company a cost for removal of one utility pole and the undergrounding of one span of overhead utility wires at the southeasterly corner of Main Street and Newport Avenue. He said use of Redevelopment Agency money was a legitimate expenditure to enhance the community and he _ was in favor of allocating the cost from the Redevelopment funds. Councilmember Potts concurred with usage of Redevelopment Agency funds. It was moved by Prescott seconded by Edgar, to direct staff to proceed with undergrounding the utility pole at the southeasterly corner of Main Street and Newport Avenue, with the commitment that at the December 17, 1990 Council meeting, the project would be formally funded by the Redevelopment Agency. Motion carried 5-0. 104 CITY COUNCIL MINUTES Page 5, 12-3-90 X. NEW BUSINESS I. REQUEST FOR STOP SIGN INSTALLATION ON YORBA STREET AT BONNER DRIVE It was moved by Pontious seconded by Puckett, to receive and file subject report. Council/staff discussion followed regarding motorist delay at subject intersection. Motion carried 5-0. 94 2. ASSESSMENT DISTRICT NO. 86-2 - JAMBOREE ROAD IMPROVEMENTS Mayor Edgar stated at a previous meeting, the City Council requested staff review a segment of Jamboree Road for the installation of masonry concrete block wall. He believed the cost of building a block wall was excessive and questioned the cost of a fence or shrubbery as a visible barrier. Robert Ledendecker, Director of Public Works, replied that a chain link fence would cost approximately 20% - 25% of the block wall total cost but would not accomplish the visual screening requested by the residents of the Cowan Heights area. He said landscaping could provide a visual barrier. Mayor Pro Tem Puckett stated he was uncomfortable spending $160,000 for a wall and suggested investigating the cost of landscaping. The following member of the audience spoke in favor of building a wall: Carol Wheeler, 9771 Overhill Drive, Santa Ana Councilmember Potts said the landscaping would be visibly pleasing and reduce noise. Council/staff/speaker discussion followed regarding assessment district funding, acoustical study, EIR certification, and Eastern Transportation Corridor Agency mitigation measures/funding. Staff to investigate mitigation through landscaping and possible mitigation/reimbursement through the Eastern Transportation Corridor Agency. 95 XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 26, 1990 It was moved by Pontious seconded by Puckett, to ratify the Planning Commission Action Agenda of November 26, 1990. Motion carried 5-0. 80 2. MAILBOXES WITHIN PUBLIC RIGHTS-OF-WAY Robert Ledendecker, Director of Public Works, said the U.S. Postal Service had placed mailboxes within the public rights-of-way for .., the depositing of mail. Over the past several months, private business mailboxes such as Federal Express and Airborne Express, had been placed in the public rights-of-way which initiated concern from the Postmaster of the Tustin Post Office. Mayor Pro Tem Puckett, Councilmember Potts and Councilmember Prescott expressed opposition to limiting competition. Councilmember Pontious agreed, but suggested staff provide standards of compliance. It was moved by Puckett seconded by Pontious, that staff provide standards of compliance for private mailboxes within the public rights-of-way. CITY COUNCIL MINUTES Page 6, 12-3-90 Councilmember Prescott requested staff survey other cities and include the results in the final report. t4icarried 5-0. Mo on 3. REQUEST TO RESTORE ON -STREET PARKING AT 13682 NEWPORT AVENUE (SAN RENO) William A. Huston, City Manager, reported this was an "interim solution" status report and, at the December 17, 1990 City Council _ meeting, the modified Negative Declaration for the project would be presented for Public Hearing. Mayor Pro Tem Puckett said the City should provide alternatives that would not adversely affect the business. He proposed allowing parking for two cars at the southern portion of the property and retain the red curb on the northern section. Councilmember Prescott stated he was willing to remove all the red curbing in front of San Remo's. Councilmember Potts said removing all or part of the red curbing was acceptable provided a traffic hazard was not created. Mayor Edgar and Councilmember Pontious agreed with providing two southern portion parking spaces. It was moved by Puckett seconded by Pontious, to immediately remove the red curb from the southern portion (two parking spaces) and replace with a limited parking zone in front of San Remo's Market. 75 Motion carried 5-0. XII. PUBLIC INPUT 1. ORDINANCE NO. 1052 - ZONE CHANGE 90-03 (ANNEXATION 149) The following members of the audience spoke in opposition to approval of Ordinance No. 1052 (Annexation 149): Harry Kay, 18672 Eunice Place, Tustin Dessa Schroeder, unknown address Dennis and Nancy Hamilton, 18681 Eunice Place, Tustin - Council/speaker discussion followed regarding set backs and height restrictions, residential zoning changes, and noise factors. XIII. OTHER BUSINESS 1. TUSTIN HIGH SCHOOL FOOTBALL TEAM# CIF SEMI-FINALS Mayor Pro Tem Puckett congratulated the Tustin High School football team who will be competing December 7, 1990, for the CIF championship. 2. SUPPORT LOCAL BUSINESS Councilmember Potts stated the City of Tustin received revenue from sales tax in the City and encouraged shopping at local businesses. 3. PROCLAMATION FOR CHARLES MORALES Councilmember Potts requested a proclamation be presented to Charles Morales, owner of Barro's Pizza, in recognition of his generous fund raising events held at his business for various causes. Council concurred. 4. MONORAIL SYSTEM Councilmember Potts requested a staff member attend the Joint Powers Authority meeting examining a county wide monorail system and present a report to the Council. CITY COUNCIL MINUTES Page 7, 12-3-90 S. RAM RADIO OPERATOR ORGANIZATION Councilmember Potts said Phil Anderson was the assistant emergency coordinator for ham radio operators and volunteered his organization of 20 people for jogathons, Tiller Days and emergency preparedness. 6. EMERGENCY PREPAREDNESS PLAN Councilmember Potts requested a status report on the City's Emergency Preparedness Plan be agendized on December 17, 1990. 7. SERVING ON THE GRAND JURY Councilmember Potts encouraged citizens to serve on the Grand Jury. Interested parties should contact City Hall and he would provide information. S. CITY CHRISTMAS DECORATIONS/TREE LIGHTING CEREMONY Councilmember Prescott Complimented the residents and City staff on their Christmas decorating; and commented on the success of the Tree Lighting Ceremony held November 29, 1990. Mayor Edgar said the Tree Lighting Ceremony had approximately 400 people in attendance and believed it was a valuable community event. 9. MEMORIAL FOR MARY CELOTTI Mayor Edgar received a request from Galliano Celotti to plant a tree in the City in memory of his wife, Mary, who passed away on December 2nd. The Mayor directed staff to accept the tree and a plaque to commemorate Mrs. Celotti. Council concurred. 10. UPDATE REPORT - SOUTHWEST NEIGHBORHOOD STABILIZATION PROGRAM Mayor Edgar requested an update from staff regarding the Southwest Neighborhood Stabilization Program. 11. REPORT ON NUMBER OF HOUSING UNITS AND COMMERCIAL PROPERTY DESTROYED AND BUILT DURING 1990 Mayor Edgar requested a report in 30 days on the number of housing units and commercial property destroyed and built during 1990. Council concurred. XIV. ADJOURNMENT At 8:35 p.m., the meeting recessed to the Redevelopment Agency, and then adjourned to the next Regular Meeting on Monday, December 17, 1990 at 7:00 p.m. RICHARD B. EDGAR, MAYOR MARY E.7 CIT CLERK