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HomeMy WebLinkAboutCC MINUTES 1990 11 05MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 5o 1990 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 Mayor Edgar. II. INVOCATION The Invocation was given by Rabbi Spitz, Congregation B'Nai Israel. III. ROLL CALL Council Present: Richard B. Edgar, Mayor Charles E. Puckett, Mayor Pro Tem Jim Potts Earl J. Prescott Council Absent: Leslie Anne Pontious 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 Dan Fox, Senior Planner Valerie Whiteman, Chief Deputy City Clerk Randy Westrick, Recreation Supervisor Approximately 35 in the audience IV. PUBLIC HEARING 1. AN APPEAL TO THE CITY COUNCIL TO AUTHORIZE THE INSTALLATION OF NEW BUTT JOINTo SHIPLAP EDGE SIDING AT 450 WEST THIRD STREET (SANTORI) Dan Fox, Senior Planner, reported that the City Council had established a Cultural Resources Overlay District to identify, protect and enhance structures in the historical district; and implemented a Certificate of Appropriateness issued when alterations to a structure required a building permit. He said on October 1, 1990, the City Council requested staff obtain a recommendation from the Cultural Resources Advisory Committee on the appeal of the Community Development Department's denial of the Certificate of Appropriateness to install new butt joint, shiplap edge siding at 450 West Third Street in the Cultural Resources Overlay District. The Advisory Committee reviewed this item and recommended the residence be completely resided in the proposed 6" material, or that it be resided in material to match the existing 3-1/2" siding, but in either case, consistent throughout the entire house. The Advisory Committee's preference, however, would be to match the existing 3-1/2" wood siding. He presented a video showing the existing 3-1/2" siding and the proposed 6" masonite siding. Mayor Edgar opened the Public Hearing at 7:15 p.m. ,d. The following members of the audience spoke in support of the installation of 6" siding at 450 W. Third Street: George Santori (applicant), 450 W. Third Street, Tustin (also submitted a petition to Council) W. S. Leinberger, 445 W. Main Street, Tustin The following member of the audience spoke in opposition to the installation of 6" siding at 450 W. Third Street: John Luymes, representing Thirtieth Street Architects There were no other speakers on the subject and the Public Hearing was closed at 7:55 p.m. CITY COUNCIL MINUTES Page 2, 11-5-90 It was moved by Potts, seconded by Puckett, to approve the Certificate of Appropriateness to allow the complete residing of the subject residence with either the proposed 611 masonite shiplap edge side or 3" siding to match the existing siding by adoption of the following Resolution No. 90-136(x): RESOLUTION NO. 90-136(a) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A CERTIFICATE OF APPROPRIATENESS FOR PROPOSED INSTALLATION OF NEW MASONITE BUTT JOINT SHIPLAP EDGE SIDING AT 450 WEST THIRD STREET Mayor Pro Tem Puckett believed the Cultural Overlay District served a useful purpose and was beneficial to the City. In this case, the City created unnecessary red tape. He wanted definitive guidelines acceptable to everyone and the Historical District maintained and preserved. He believed the siding should remain the same as currently on the house but would approve the 6" siding as long as the entire house was consistent. Councilmember Prescott noted several incidents involving destruction of historical structures within the Cultural Overlay District and expressed concern regarding rehabilitation costs for historic homes. He hoped the Community Development Department and the Cultural Resources Advisory Committee would work closely together to resolve future problems. Mayor Edgar stated there must be a commitment to preserve and an awareness of the economics of restoring historic structures. Motion carried 4-0, Pontious absent. 81 AGENDA ORDER I%. OLD BUSINESS 1. REQUEST FROM MRS. HAY TO DISCUSS CHILD CARE FOR SCHOOL AGE CHILDREN Mayor Edgar stated he had received a request to hear this item out of Agenda order. The following members of the audience spoke in favor of a year around permanent child care center for school-age children at Veeh School: Linda Hay, 13809 Apache, Tustin Janine Robinson, 2031 Arapahoe, Tustin Their concerns were related as follows: 1) Kids Center was continually moved from location to location; 2) a facility was not available until 2:30 p.m. leaving some children without shelter for 30 minutes; 3) morning session kindergarten was bussed to Beswick School; and 4) location of the Kids Center next summer. Mayor Edgar stated the City was interested in participating in day care for children and had established the Ad Hoc Child Care Committee. The Council was committed to the program; however, the cost element would have to be investigated. The Ad Hoc Committee would complete their City-wide child care study in February 1991, and Council would defer action until the Ad Hoc Committee submitted a recommendation. Councilmember Potts said there were only two child care sites in the City and it was important that Veeh was one of the sites because of proximity to the Tustin Ranch area. He wanted a permanent child care center established as soon as possible. Councilmember Prescott suggested the Council meet with the Ad Hoc Committee to discuss this issue. Council concurred. 90 CITY COUNCIL MINUTES Page 3, 11-5-90 V. PUBLIC INPUT 1. STREET LIGHTING ON EAST SYCAMORE Margaret Hope, 14572 Westf all Road, Tustin, requested the status of street lighting on East Sycamore. Staff replied the subject was on this agenda, Consent Calendar No. 11. 2. SONGS BY FRANK KAZURSKI Frank Kazurski, Alliance Street, Tustin, reported on current activities involving his "Flag Song" and sang a newly composed song, "Read My Lips, No New Taxes" which protested Congress raising taxes. VI. CONSENT CALENDAR Item No. 3 was removed from the Consent Calendar by Councilmember Potts and Item No. 4 was removed by Councilmember Prescott. It was moved by Puckett, seconded by Potts, to approve the remainder of the Consent Calendar. Motion carried 4-0, Pontious absent. 1. APPROVAL OF MINUTES - OCTOBER 15, 1990 REGULAR MEETING Approved the City Council Minutes of October 15, 1990. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Approved the Demands in the amount of $1,206,760.78 and ratify payroll in the amount of $258,246.70. 50 5. SANTA ANA VALLEY IRRIGATION CO. (SAVI) QUITCLAIM OF EASEMENT (PATTERSON) Authorized the Mayor to execute a quitclaim deed to Timothy A. Patterson and Virginia A. Patterson for SAVI easement at 17661 Anglin Lane. 49 6. AUTHORIZATION TO ADVERTISE FOR BIDS FOR REPLACEMENT OF PLAY EQUIPMENT AT MAGNOLIA TREE PARK Approved specifications for replacement of play equipment at Magnolia Tree Park and direct the City Clerk to advertise for bids. 77 7. PROPOSED SETTLEMENT OF SOUTHERN CALIFORNIA EDISON VS. CITY OF TUSTIN Agreed to split the cost for damage to a Southern California Edison electrical conduit line in the amount of $13,930.52. 40 S. AWARD OF CONTRACT FOR ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Awarded the contract for the Annual Asphalt Concrete Pavement Repair Program to Hardy & Harper for the annual amount of $248,740.00. 86B 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 13038 Accepted all public improvements within Tract No. 13038 and authorized the release of the following improvement bonds: Faithful Performance Bond No. 52410585 - $303,000; Labor and Materials Bond No. 52410585 - $151,500; and Monumentation Bond No. 52410586 - $8,500. 99 10. RESOLUTION NO. 90-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FOR THE DESIGNATION OF A CONGESTION MANAGEMENT PROGRAM AGENCY FOR ORANGE COUNTY Adopted Resolution No. 90-139 for the designation of a Congestion Management Program Agency for Orange County. 54 11. AWARD OF CONTRACT FOR STREET LIGHT CONDUIT ON SYCAMORE AVENUE FROM CANTERBURY AVENUE TO 6001+ EASTERLY OF CANTERBURY AVENUE Awarded the contract for subject project to Steiny and Company in the amount of $14,947.00. 86B CITY COUNCIL MINUTES Page 4, 11-5-90 12. RESOLUTION NO. 90-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE CURB AND GUTTER, DRIVEWAY APRONS AND STREET IMPROVEMENT ON BROWNING AVENUE AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 90-138 approving plans and specifications for subject project and directing the City Clerk to advertise for bids. 86B 13. RESOLUTION NO. 90-141 - A RESOLUTION OF THE CITY COUNCIL OF THE _ CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ORANGE STREET WIDENING/RECONSTRUCTION - AN HCDA PROJECT Adopted Resolution No. 90-141 approving the plans and specifications for subject project and directing the City Clerk to advertise for bids. 86B 14. RESOLUTION NO. 90-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN RELOCATION ON FIRST STREET, TUSTIN AVENUE AND PASADENA AVENUE Adopted Resolution No. 90-140 accepting said work and authorizing the recordation of the Notice of Complet$o6Bn. 15. COOPERATIVE AGREEMENT NO. D90-058 WITH THE COUNTY OF ORANGE TO PROVIDE FOR RESURFACING OF IRVINE BOULEVARD BETWEEN BROWNING AVENUE AND RANCHWOOD ROAD Authorized the Mayor and City Clerk to execute subject agreement. 45 CONSENT CALENDAR NO. 3 - REJECTION OF CLAIM N0. 90-33 - CLAIMANT: DENNIS BELANGER; DATE OF LOSS: 9/22/90; DATE FILED WITH CITY: 9/24/90 Councilmember Potts questioned why the City did not approve payment of damages since the accident occurred within the City. James Rourke, City Attorney, stated rejection of the claim was thee, first step based upon the information received by the City. If further evidence was presented by the claimant, the City Attorney's Office would agendize the matter for Council consideration. It was moved by Potts seconded by Edgar, to reject subject claim for property damages of an undetermined amount. Motion carried 4-0, Pontious absent. 40 CONSENT CALENDAR NO. 4 - NON-PROFIT SUPPORT CITIZEN TASK FORCE It was moved by Prescott seconded by Potts, that each Councilmember appoint an individual to the Non -Profit Support Citizen Task Force. Councilmember Potts stated he was not familiar with all the appointees and requested background information on the five members appointed by staff. Mayor Edgar supported the five appointees, but suggested continuing this item and staff provide background information on each appointee for Council's review. Mayor Pro Tem Puckett stated he was not in favor of Council appointing members to the committee and approved of the recommended, appointees. As a substitute motion it Was movea Ay bugai, a wll--- Lv----c11, to continue this item to the November 19, 1990 Council meeting and directed staff to provide background information on the five individuals recommended by staff. Substitute motion carried 4-0, Pontious absent. 41 CITY COUNCIL MINUTES Page 5, 11-5-90 VII. ORDINANCES FOR 1. ORDINANCE NO. 1053 - BUSINESS LICENSE TAS AMNESTY PROGRAM Rita Westfield, Assistant Director of Community Development, reported that the Business License Amnesty Program dealt with unlicensed and delinquent businesses in the City. There were an estimated 525 delinquent business license taxes and an unknown number of unlicensed businesses in the City. She stated the program would allow unlicensed and delinquent businesses to apply for licenses without penalty payments. Council/staff discussion followed regarding procedures to be used upon termination of the amnesty period. It was moved by Puckett, seconded by Prescott, that Ordinance No. 1053 have first reading by title only. Motion carried 4-0, Pontious absent. Following first reading by title only of Ordinance No. 1053 by the City Clerk, it was moved by Puckett, seconded by Potts, that the following Ordinance No. 1053 be introduced: ORDINANCE NO. 1053 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING A BUSINESS LICENSE AMNESTY PROGRAM DURING THE MONTHS OF DECEMBER 1990, JANUARY 1991 AND FEBRUARY 1991 Motion carried 4-0, Pontious absent. 31 2. ORDINANCE NO. 1052 - ZONE CHANGE 90-03 (NEWPORT/WARREN) _ It was moved by Prescott, seconded by Puckett, that Ordinance No. 1052 have first reading by title only. Motion carried 4-0, ,.. Pontious absent. Following first reading by title only of Ordinance No. 1052 by the City Clerk, it was moved by Edcar, seconded by Prescott, that the following Ordinance No. 1052 be introduced with changes in building height at 35 feet and rear yard setbacks at 20 feet: 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 The following members of the audience spoke in opposition to Zone Change 90-03 (Newport/Warren): Harry Kay, 18672 Eunice Place, Tustin Nancy Hamilton, 18681 Eunice Place, Tustin Dennis Hamilton, 18681 Eunice Place, Tustin Francine Pace Scinto, representing Foothill Community Association Land Use Committee Stephen Johnson, 17662 Irvine Blvd. #8, Tustin Neil Harkleroad, 10562 Mira Vista, Santa Ana Susan Kay, 18672 Eunice Place, Tustin Mayor Edgar stated consistent standards were achieved and changing some numerics did not reflect a zone change. Council/staff discussion followed regarding preparation of the Negative Declaration. Mayor Pro Tem Puckett said he believed the 20 foot setbacks would be acceptable but wanted Councilmember Pontious present for Council's final decision. Motion carried 3-1; Puckett opposed, Pontious absent. 109 VIII. ORDINANCES FOR ADOPTION - None CITY COUNCIL MINUTES Page 6, 11-5-90 IX. X. XI. OLD BUSINESS 1. REQUEST FROM MRS CHILDREN See Page 2. RAY TO DISCUSS CHILD CARE FOR SCHOOL AGE 2. AIRPORT STATUS REPORT - COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB) Rita Westfield, Assistant Director of Community Development, reported that in October 1989, the City Council authorized a $1,000 contribution to CRAS to help defray the costs of a lobbying campaign against the use of MCAS E1 Toro as a commercial airport. Mayor Edgar stated he was supportive of CRAS's lobbying effort. It was moved by Potts, seconded by Edgar, to contribute $1,000 to the Coalition For A Responsible Airport Solution (CRAS). Motion carried 4-0, Pontious absent. NEW BUSINESS - None REPORTS 1. PLANNING COMMISSION ACTION AGENDA - OCTOBER 22, 1990 101 It was moved by Puckett, seconded by Prescott, to ratify the Planning Commission Action Agenda of October 22, 1990. Motion carried 4-0, Pontious absent. HE 2. REQUEST TO INSTALL BIKE LANE ON EL CAMINO REAL BETWEEN BROWNING AVENUE AND JAMBOREE ROAD It was moved by Puckett, seconded by Potts, to receive and file subject report. Motion carried 4-0, Pontious absent. 86 3. CELEBRATION OF THE FAMILY WEEK Mayor Edgar stated this was an opportunity for the City to expand activities available to ree;idents. It was moved by Prescott seconded by Puckett, to receive and file subject report. Motion carried 4-0, Pontious absent. 41 4. CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT Councilmember Prescott suggested staff provide a counter copy of the Capital Improvement Projects Schedule for public use. It was moved by Prescott, seconded by Potts, to receive and file subject report. Motion carried 4-0, Pontious absent. M S. REQUESTED REMOVAL OF "NO U-TURN" SIGN ON TUSTIN RANCH ROAD AT IRVINE BOULEVARD Councilmember Potts stated that the area homeowners' association desired direct access to their residential tract. He directed staff investigate a similar intersection located at Michelson and Culver. It was moved by Puckett seconded by Potts, to receive and file subject report; and directed staff to investigate the problem further and submit findings to the Council. CITY COUNCIL MINUTES Page 7, 11-5-90 Motion carried 4-0, Pontious absent. 6. UTILITY POLE STATUS - NEWPORT AVENUE It was moved by Prescott. seconded by Potts, to receive and file subject report. Motion carried 4-0, Pontious absent. 104 ,.., 7. CONTINENTAL CABLEVISION RATE INCREASE Councilmember Prescott expressed hope that Continental Cablevision would eventually have the Orange County News Channel available for viewing. It was moved by Puckett, seconded by Potts, to receive and file subject report. Motion carried 4-0, Pontious absent. 45 S. MEDIAN ISLAND PAVEMENT - FIRST STREET AT CENTENNIAL WAY It was moved by Prescott, seconded by Puckett, to receive and file subject report. Motion carried 4-0, Pontious absent. 86 XII. PUBLIC INPUT - None %III. OTHER BUSINESS 1. GRAFFITI ON IRRIGATION CONTROL BOX - EL CAMINO REAL Councilmember Prescott reported graffiti on the irrigation control box in front of the Assistance League on E1 Camino Real. 2. JET FUEL LEAK - OLD IRVINE BOULEVARD/NEWPORT AVENUE Councilmember Prescott requested agendizing at the November 19, 1990 Council meeting, a complete report regarding the jet fuel line leak at Old Irvine Boulevard and Newport Avenue and the condition of the pipeline within the City. 3. ELECTION DAY - NOVEMBER 61 1990 Councilmember Prescott encouraged voter participation on Election Day, November 6, 1990. 4. ACQUISITION OF PROPERTY ADJACENT TO NITRATE REMOVAL PLANT Councilmember Prescott requested an agendized update on the acquisition of the property adjacent to the Nitrate Removal Plant. 5. RED CURBING AT MAIN/NEWPORT - SAN REMOIS Mayor Edgar requested staff investigate removal of the red curbing in front of San Remo's and no citations be issued at the red curb until staff can review the situation and return with a �^ recommendation. Staff replied that the red curbing was a condition recommended by the Engineering Department and as a required mitigation measure in the Negative Declaration for a nearby shopping center. Removal of the red curbing and ceasing citations would create a liability factor. Staff would return with a study and the accident history at the location. 6. JAMBOREE ROAD Mayor Edgar requested a sign be installed at Jamboree Road and Irvine Boulevard stating that Jamboree Road was open to Chapman Avenue. He inquired about constructing sound walls on the CITY COUNCIL MINUTES Page 8, 11-5-90 western side of Jamboree to mitigate noise and requested noise data for that area. XIV. CLOSED SESSION Mayor Edgar 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. XV. ADJOURNMENT At 9:30 p.m., the meeting recessed to the Redevelopment Agency and to the above Closed Session; and then adjourned to a Water System Analysis Workshop on November 19, 1990, at 5:30 p.m., and to the next Regular Meeting on November 19, 1990, at 7:00 p.m. ICHARD B. EDGAR, MAY R �E. WYNN, CITY CLERK