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HomeMy WebLinkAboutCC MINUTES 1996 11 18MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 18, 1996 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Worley at 7:03 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. INVOCATION The Invocation was given by Rev. Henry Sellers, First Baptist Church of Tustin. ROLL CALL Council Present: Tracy Wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Thomas R. Saltarelli Council Absent: Jim Potts City Clerk: Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager George Jeffries, City Treasurer Elizabeth Binsack, Director of Com. Development Steve Foster, Acting Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Valerie Crabill, Chief Deputy City Clerk Greg Gubman, Associate Planner Dan Fox, Senior Planner Sara Pashalides, Associate Planner Paula Rankin, Associate Planner Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Approximately 20 in the audience PROCLAMATIONS NORTH TUSTIN FIRE HERO: RICHARD RECORDS Mayor Worley read and presented a proclamation to Richard Records honoring his heroic actions during the recent North Tustin fire. Richard Records stated that he had done nothing more during the fire than other volunteers; commented on neighbors joining together to help each other; and thanked Council for the proclamation. PACIFIC BELL AND UNITED WAY RECOGNITION FOR $5,000 DONATION TO SENIOR CENTER Mayor Worley read and presented proclamations to Pacific Bell and United Way employees for donating $5,000.00 to the Tustin Area Senior Center. Karon Kaelin, Pacific Bell representative, noted the on-going supportive relationship Pacific Bell had with the Senior Center and the unique opportunity teaming with United Way employees in this donation effort. Stephanie McElheney, United Way representative, thanked Council for the proclamation and noted that it was donations from companies such as Pacific Bell that made it possible for the United Way to financially support the Tustin Area Senior Center. Mayor Pro Tem Thomas commended Margarete Thompson for her role in obtaining donations for the Senior Center. CITY COUNCIL MINUTES Page 2, 11-18-96 PUBLIC INPUT TUSTIN UNIFIED SCHOOL BOARD ELECTION FLYERS Councilmember Doyle expressed displeasure with the type of political flyers distributed during the recent school board election. TUSTIN BOYS AND GIRLS CLUB FUNDING NEEDS Mike Cater, Tustin Boys and Girls Club Board of Directors, described the Club's service to Tustin, demographic problems, budget deficit, and facility decay. He suggested increasing the City's Community Development Block Grant funding, consideration of a youth tax initiative, and requested agendizing an increase in City funds to the Boys and Girls Club. AIR QUALITY MANAGEMENT DISTRICT Larry Rhinehart, Air Quality Management District, reported on activities and programs of the Air Quality Management District (AQMD). Council/speaker discussion followed regarding AQMD laws and mandatory requirements were reviewed by several State agencies and the Environmental Protection Agency before enactment. DINOSAUR DASH Robert Machado, Tustin Schools Foundation, thanked Council for their support of the Dinosaur Dash event and presented a trophy to the City in recognition of that support. Councilmember Saltarelli commended Mr. Machado for making the Dinosaur Dash a successful event. PUBLIC HEARINGS ( ITEMS 1 THROUGH 3 ) 1. VESTING TENTATIVE TRACT MAP 15316 (KAUFMAN AND BROAD) Greg Gubman, Associate Planner, reported that the applicant requested subdivision of approximately 9.5 acres, located on Heritage Way, into 71 single family lots. He described the proposed project including adjacent property uses; density of 7.5 units per acre was 25 percent below the East Tustin Specific Plan maximum allowable; floorplans; design features; and the Planning Commission had recommended approval. Mayor Worley opened the public hearing at 7:40 p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map 15316: Richard Douglas, Kaufman and Broad Council/speaker discussion followed regarding future installation of locking mailboxes. There were no other speakers on the subject and the public hearing was closed at 7:42 p.m. It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No. 96-117 approving the Environmental Determination for the project: RESOLUTION NO. 96-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE 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 TRACT MAP 15316 AND APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT �A"C1ry F. .l CITY COUNCIL MINUTES Page 3, 11-18-96 Motion carried 4-04 Potts absent. It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No. 96-118 approving Vesting Tentative Tract Map 15316: RESOLUTION NO. 96-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 15316 LOCATED ON THE NORTH SIDE OF HERITAGE WAY, EAST OF P•• TUSTIN RANCH ROAD Motion carried 4-0, Potts absent. 600-70 2. TENTATIVE TRACT MAP 15350 (IRVINE APARTMENT COMMUNITIES) Dan Fox, Senior Planner, reported the applicant was proposing to create a 316 unit apartment complex on a 19 -acre site located on Irvine Boulevard. He stated that the Planning Commission approved a conditional use permit to lease the project as apartments; approval of the subdivision would provide the opportunity for future conversion to condominiums; the project was developed to meet all condominium standards of the East Tustin Specific Plan; project access was provided by a signalized intersection at Robinson Drive; the project would be a vehicle -gated community; secondary access was proposed on Kinsman Circle; the project was below maximum density; and he described the architectural design. Council/staff discussion followed regarding that the number of guest parking spaces exceeded the standards stipulated in the revised East Tustin Development Agreement; and the apartment complex would contain a swimming pool, play structures, and recreational amenities. Mayor Worley opened the public hearing at 7:45 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Thomas, seconded by Doyle, .to adopt the following Resolution No. 96-123 approving the Environmental Determination for the project: RESOLUTION NO. 96-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE 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 TENTATIVE TRACT MAP 15350 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried _4-0, Potts absent. It was moved by Thomas, seconded by Doyle, to adopt the following Resolution No. 96-124 approving Tentative Tract Map 15350: RESOLUTION NO. 96-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 15350 LOCATED ON THE SOUTH SIDE OF IRVINE BOULEVARD AT ROBINSON DRIVE row Motion carried 4-0, Potts absent. '3. ZONE CHANGE 96-001 (BELDEN) 600-70 Sara Pashalides, Associate Planner, reported the applicant was requesting to change the land use designation of the Newport Warren Planned Community, located at 12581 Newport Avenue, from Residential Single Family - Garden Office to Garden Office; and to amend the side and rear yard setbacks to accommodate a 3,330 square foot dental -medical office project. She stated that the Planning Commission had approved the design review for this project and recommended approval by Council of the proposed Zone Change; current district regulations required a 15 -foot side yard setback for developments adjacent to properties zoned for residential use; proposed reduction to a 5 -foot setback for a single story development; the applicant was proposing a single story development; rear yard setbacks required 10 -feet for a CITY COUNCIL MINUTES Page 4, 11-18-96 single story element and 20 -feet for a two-story element; and Newport Warren Planned Communities' guidelines required development of low profile buildings compatible with the area residential character. Mayor Worley opened the public hearing at 7:49 p.m. The following members of the audience spoke in favor of Zone Change 96-001: Hal Woods, Project Architect Philip Bettencourt, Cortese Properties President Council/Speaker Bettencourt discussion followed regarding that plans to develop the adjacent property were not imminent. The following members of the audience spoke in opposition to Zone Change 96-001: Niles Koines, Foothill Communities Association President Nancy Hamilton, 18681 Eunice Place, Tustin Steve Swytak, 14141 Brennan Way, Santa Ana Toni Callaway, 1101 Castlegate Lane, Santa Ana Dennis Hamilton, 18681 Eunice Place, Tustin Carol McCauley, 13591 Saigon Lane, Santa Ana The following members of the audience spoke in favor of Zone Change 96-001, development of a one-story office building, increased setbacks, and expressed concern with future area development: Harry Kay, 18672 Eunice Place, Tustin Sue Kay, 18672 Eunice Place, Tustin Council/Speaker- Swytak discussion followed regarding future development should comport with current zoning restrictions; traffic impacts; Council consideration of community input and concerns about the project; and the proposed reduction in setbacks could be precedent setting. The following member of the audience spoke in favor of Zone Change 96-001; smaller yard setbacks for landscaping purposes would create patient comfort, -increased aesthetics, and reduced costs; and additional parking was not necessary for the proposed project: Signe Belden, M.D.,,applicant There were no other speakers on the subject and the public hearing was closed at 8:31 p.m. Elizabeth Binsack, Director of Community Development, stated that allowing medical use on the remaining three parcels, subject to a conditional use permit, could reduce restrictions allowing increased density if the parcels were consolidated; and the proposed Zone Change required design review approval by the Planning Commission consistent with the Garden Office zoning designation. Council/staff discussion followed regarding setting a yard setback precedent for the remaining three parcels; upon proposed zone change approval, future use of the subject property could not exceed the Garden Office zoning designation; the proposed use of the property encouraged single story development; current and proposed zoning designations; allowing Medical -Dental offices subject to a conditional use permit; parcels 1, 2, and 3 were currently zoned Residential Single Family Garden Office; and the applicant was proposing to change parcel 4 only to Garden Office. Mayor Pro Tem Thomas stated that this was a good project; the residents directly behind the property supported the proposed development; and Council focus should be exclusively on the applicant's request, rather than the remaining three parcels. CITY COUNCIL MINUTES Page 5, 11-18-96 Councilmember Saltarelli clarified that Council was considering the applicant's request for a Zone Change for parcel 4 only; the zone change decision would affect the entire community; he encouraged the public to comment on any issue that impacted them; noted his concern regarding how the proposed project affected area property owners; the importance- of moving the project forward; reviewing the other three parcels on a case-by-case basis; he supported approval of the project with a conditional use permit .. for Medical -Dental use in the current zoning designation; referring the matter back to the Planning Commission; noted that the City did not actively pursue annexing North Tustin property; and stated that the project was excellent, however, he opposed the Zone Change. Councilmember Doyle stated this was a good project; noted that the residents living behind the property supported the proposed Zone Change; and he opposed referring the matter back to the Planning Commission because of additional time delay. It was moved by Doyle, seconded by Thomas, to adopt the following Resolution No. 96-120 approving the Environmental Determination for the project: RESOLUTION NO. 96-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 96-001 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Council/staff discussion followed regarding the time required to review a conditional use permit, setback standards, public hearing process, and the project was six months behind schedule. Mayor Worley stated that she supported the project; changes in yard setbacks should be examined on a case-by-case basis; it would be unfair to require the applicant to wait additional time for further review; impacted residents did not oppose the project; and she believed this was not a precedent setting project. Motion carried 3-1, Saltarelli opposed, Potts absent. It was moved by Thomas, seconded by Doyle, to have first reading by title only and introduction of Ordinance No. 1172 approving Zone Change 96-001: Motion carried 3-1, Saltarelli opposed, Potts absent. 610-60 The City Clerk read the following Ordinance No. 1172 by title only: ORDINANCE NO. 1172 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-001 TO AMEND THE NEWPORT WARREN PLANNED COMMUNITY TO CHANGE THE LAND USE DESIGNATION FOR PROPERTY LOCATED AT 12581 NEWPORT AVENUE FROM "RESIDENTIAL SINGLE FAMILY -GARDEN OFFICE" TO "GARDEN OFFICE" AND TEXT AMENDMENTS TO MODIFY THE SIDE AND REAR YARD SETBACK STANDARDS CONSENT CALENDAR ( ITEMS 4 THROUGH 13 ) Item No. 8 was removed from the Consent Calendar by Mayor Pro Tem Thomas. It was moved by Doyle, seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Potts absent. 4. APPROVAL OF MINUTES - NOVEMBER 4, 1996 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 4, 1996. S. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $501,766.16 and ratify Payroll in the amount of $344,884.10. 380-10 6. RESOLUTION NO. 96-121 A RESOLUTION OF THE CITY COUNCIL OF THE 82 CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE WATER MAIN CITY COUNCIL MINUTES Page 6, 11-18-96 REPLACEMENT ON FAIRHAVEN AVENUE AT SR -55 FREEWAY (PROJECT NO. 600127) Recommendation: Adopt Resolution No. 96-121 accepting said work and authorizing recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 7. RESOLUTION NO. 96-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS Recommendation: Adopt Resolution No. 96-116 establishing city wide speed limits as recommended by the Public Works Department/Engineering Division. 760-40 9. RESOLUTION NO. 96-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 96-5 Recommendation: Adopt Resolution No. 96-119 approving Lot Line Adjustment No. 96-5 as recommended by the Public Works Department/Engineering Division. 600-35 10. 1997 TERM EXPIRATIONS - COMMISSIONS, COMMITTEES, BOARDS Recommendation: Approve 1997 term expiration listing for the Planning Commission, Parks and Recreation Commission, Audit Committee, Cultural Resources Advisory Committee, and Tustin Community Foundation Board of Directors as recommended by the City Clerk's Office. 120-05 11. BUILDING DAMAGE SAFETY ASSESSMENT MUTUAL AID AGREEMENT Recommendation: Authorize the Mayor and City Clerk to execute a Building Damage Safety Assessment Mutual Aid Agreement with the County of Orange and other participating cities as recommended by the Community Development Department. 400-70 12. AUTHORIZE THE FINANCE DIRECTOR TO EXECUTE AGREEMENTS FOR COMPUTER SYSTEMS CONSULTING SERVICES Recommendation: Authorize the Finance Director to execute agreements with AEF Systems Consulting for Computer Consulting Services, and BreaMIS for Project Management Services, subject to final approval of the City Attorney regarding contract language, as recommended by the Finance Department. 400-10 13. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 12, 1996 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of November 12, 1996. 120-50 CONSENT CALENDAR ITEM NO. 8 - STATUS REPORT: HERITAGE WAY PARR AND TUSTIN RANCH TREE PARR Mayor Pro Tem Thomas requested all homeowner associations adjoining the subject parks receive status reports. It was moved by Thomas, seconded by Doyle, to receive and file subject report. Motion carried 4-0, Potts absent. 920-65 920-35 REGULAR BUSINESS ( ITEMS 14 THROUGH 17 14. EMPLOYMENT OF THE CITY MANAGER It was moved by Doyle seconded by Thomas, to approve the employment contract with William A. Huston, City Manager. Motion carried 4-0, Potts absent.. 400-10 15. TILLER DAYS/CALIFORNIA STATE HORSEMAN'S ASSOCIATION Councilmember Doyle stated that the Tiller Days Parade Committee had requested funding. for the California State Horseman's Association participation in the 1997 Tiller Days Parade. Cherrill Cady, Tiller Days Parade Committee, stated the Parade Committee was requesting $2,500.00 for the Horseman's Association CITY COUNCIL MINUTES Page 7, 11-18-96 to appear in the 1997 Tiller Days Parade and she explained that the funds would be utilized to help defray the Association's expenses during Tiller Days. It was moved by Thomas, seconded by Doyle, to approve a $2,500.00 appropriation for California Horseman's Association participation in the 1997 Tiller Days Parade. a••• Motion carried 4-0, Potts absent. 330-20 16. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OVERVIEW AND DISCUSSION OF ALLOWABLE USE OF FUNDS FOR FISCAL YEAR 1997-98 Paula Rankin, Associate Planner, summarized the Community Development Block Grant (CDBG) Program including formation; 1997/98 funding cycle process; Housing and Urban Development national objective requirements; eligible projects and activities; and restrictions that must be followed when funding CDBG projects. Mayor Pro Tem Thomas requested staff and Council meet to review recommended projects; subdividing the project priority list; involving the Tustin Community Foundation in project funding requests; funding the Downtown Business Association; and he stressed the importance of Council involvement in development of the project priority list. Councilmember Saltarelli stated that he also supported Council involvement in developing the priority list before final staff recommendation. Council concurred to receive and file subject report and schedule a Council/staff workshop to discuss application requests for Community Development Block Grant funding. 640-16 17. PROPOSED POLICY FOR ADMINISTRATIVE TRANSFERS Mayor Worley stated that Councilmember Potts requested this item be continued. It was moved by Doyle, seconded by Thomas, to continue this item to the December 2, 1996 Council meeting. Motion carried 4-0, Potts absent. PUBLIC INPUT - None OTHER BUSINESS/COMMITTEE REPORTS TUSTIN POLICE DEPARTMENT GANG SUPPRESSION UNIT 300-50 Councilmember Doyle commended the Police Department Gang Suppression Unit for continuing their successful arrest record. NORTH TUSTIN ANNEXATION Mayor Pro Tem Thomas, and Councilmembers Doyle and Saltarelli commented on the recent negative newspaper article comments regarding the annexation of North Tustin. Mayor Worley questioned if there was a consensus among Council to pursue annexation of North Tustin. Council concurred. Councilmember Doyle stated he opposed pursuing North Tustin annexation because he believed it would be a financial disaster for the City. ZONE CHANGE DEBATE Councilmember Saltarelli stated he was proud of the Council's debate on Zone Change 96-001. CITY COUNCIL MINUTES Page 8, 11-18-96 DINOSAUR DASH Councilmember Saltarelli commended the Dinosaur Dash volunteers and area businesses for their donations. TUSTIN COMMUNITY FOUNDATION FUND RAISING BREAKFAST Councilmember Saltarelli noted a Tustin Community Foundation fund raising breakfast and encouraged residents and businesses to — donate. CITY COMPUTER -NEEDS STUDY Mayor Pro Tem Thomas thanked the Audit Committee for completion of the City's computer -needs study. ROLLER HOCKEY SITE - CURRIE SCHOOL TENNIS COURTS Mayor Worley requested agendizing at the December 2, 1996 Council meeting, a potential roller hockey site located at Currie School tennis courts. COAST GUARD HOUSING - MCAS, TUSTIN' Mayor Worley reported that with the election over, the City would continue their efforts with Washington D.C. to resolve the Coast Guard housing issue at MCAS, Tustin. CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding a matter of pending litigation, Heritage Construction vs. City of Tustin, Robert Bein and William Frost. ADJOURNMENT Mayor Worley adjourned the meeting at 9:25 p.m. The next regular meeting of the City Council was scheduled for Monday, December 2, 1996, at 7:00 p.m. in the Council Chambers Iat 300 Centennial Way. (City Hall will be closed on December 2, however, the City Council will conduct their regular meeting). U't,�GV TRACY WI S WORLEY, MAYOR 4 LA STOKER, CITY CLERK