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HomeMy WebLinkAbout04 MINUTES 11-18-96 MINUTES REGULAR MEETING OF .THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 4, 1996 NO. 4 11-18-96 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION 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 Potts. The Invocation was given by Councilmember Saltarelli. ROLL CALL Council Present: Tracy wills Worley, Mayor Jeffery M. Thomas, Mayor Pro Tem Mike Doyle Jim Potts Thomas R. Saltarelli council Absent: None 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 Dan Fox, Senior Planner Approximately 60 in the audience PROCLAMATIONS TILLER DAYS ORGANIZING AND PARADE COMMITTEES Mayor Worley read and presented a community service proclamation to the Tiller Days Organizing Committee, members honored included Linda Andrews, Beverly Barrington, Kim Bass, Don Biery, Tom Brennan, Nick Burkey, Cherill Cady, Kenn Hobson, Maureen Holthe, Kathy Kelley, Gary Magill, Dale Mitbo, Margarete Thompson, Julie Wagner, Dave Vandaveer, and special recognition tQ Doug Bell, Andy Borgogna, Jodie Hobson, and Houston Wertel. The Tustin Tiller Days Parade Committee members honored included Beverly Barrington, Cherill Cady, Marisa Charette, Dave 'Denton, Ardelle Hill, Darin Loughrey, Cindy North, Vivien Owen, Lowell Sneathon, Bob Wilcox, and special recognition to Kim Bass, Fabie Combs, Mike Harlen, Jim Kane, Continental Cablevision, Irvine Tustin Evening Lions, Tustin Breakfast Lions, TUstin Host'Lions, and Tustin Rotary. Dave Vandaveer, Tustin Tiller Days Chair, thanked Council for the proclamation and Stated the Committee had enjoyed staging the parade. CITY COUNCIL MINUTES Page 2, 11-4-96 A California Horseman's Association representative thanked the City for allowing their participation in the parade. NORTH TUSTIN FIRE HEROS Mayor-Worley read and presented proclamations to John Boland, Scott Byington, Jack Cole, Steven DeMont, and Nathan Silva for their heroic efforts during the recent North Tustin fire. Nathan Silva thanked Council for the honor and stated that many people assisted during the fire who also deserved recognition. Steven DeMont thanked Council for the proclamation, remarked on the 1967 Corona fire, described his efforts, and stated he was glad to have been able to assist. Scott Byington thanked Council for the proclamation, recalled his experiences during the fire, noted he had been a volunteer firefighter in the past, said he was happy he was able to help during the fire, and stated it was rewarding to see neighbor helping neighbor during a crisis. Jack Cole thanked Council for the proclamation, noted the many unidentified people who deserved recognition, and remarked on the cooperation between the Fire and Police Departments. John Boland. thanked Council for the proclamation, agreed that there were many people who also deserved -recognition for their work during the fire, recalled his efforts to fight'the fire, and suggested residents with swimming pools purchase a pumping device to utilize water from the pool in case of fire. Mayor Worley commented on the frustration felt by the volunteers because of the lack of access to the pool water; without the help of the many volunteers at the inception of the fire, many more homes would have been lost; commended the heroic efforts shown by all volunteers; and apologized for being unable to identify all who assisted. PUBLIC INPUT - None PUBLIC NR~kl~ING ( ITEM 1. APPEAL OF CONDITIONAL USE PERMIT 96-019 (GOLDEN YEARS REST HOME) Dan Fox, Senior Planner, reported that on September 23, 1996, the Planning Commission approved a Conditional Use Permit to establish a sixteen person care facility for the elderly. At the October 7, 1996 meeting, Council appealed the Planning Commission's decision expressing concerns related to the size of residents', living area and the inadequate facility parking. He stated the applicant was proposing to maintain the front building on the property with six elderly residents; remodel the building at the rear of the property for a total facility area of 2,300 square feet; and the rear facility would provide 5 bedrooms to accommodate 10 CITY COUNCIL MINUTES Page 3, 11-4-96 residents, a dining room, kitchen, 2 bathrooms, a laundry room and a custodial room. He noted the Uniform Building Code minimum bedroom size for two occupants; the State Department of Social Services did not stipulate a minimum square footage requirement although they determined if the functionality and amenities were adequate for residents; the proposed project rooms wouldserve two residents and proposed room sizes, were approximately 160-175 square feet; the applicant was proposing 5 parking spaces, two located in the carport area; the Tustin Municipal Code did'not require a minimum number of parking for this project type; a condition of approval required staff members to park in the carport; facility residents would not be licensed to drive; and conditions of approval required implementation of mitigation measures upon any future parking problems and deed restrictions to maintain the project as a residential elderly care facility.~ Council/staff discussio~ followed.regarding temporary parking in the circular drivewaY and the one parking space on Holt Avenue. The following member of the audience spoke in favor of Conditional Use Permit 96-0i9: Zeny Remigi0, Golden Years Rest Home owner Council/speaker/staff discussion followed regarding the five on- site parking spaces; and no parking restrictions existed on Holt Avenue. Mayor Worley opened the public hearing at 7:38 p.m. The following members of the audience spoke in favor of Conditional Use Permit '96-019: Patty Miller, 17352 Parker Drive, Tustin Joseph Villa, 10771 Equestrian Drive, Cowan Heights The following member of the audience spoke on the benefits of the facility; the size of the parcel; parking restrictions; questioned if parking was adequate; and the Foothill Association did not object to the proposed facility:. Niles Koines, Foothill Association President CoUncil/staff/sPeaker Koines discussion followed regarding determination of the number of parking spaces required; and future parking problems would require preparation of a parking demand study and mitigation measures. There were no other speakers on the subject and the public hearing was closed at 7:47~p.m. Councilmember Saltarelli noted additional review and input on this project had revealed the community did not object to the project; commented on the lack of parking at another elderly care facility he visited; the need for more quality care facilities in the community; parking was inadequate; and stated that because CITY COUNCIL MINUTES Page 4, 11-4-96 conditions of approval for future parking problems had .been included, he would support the project. It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 96-115 upholding the Planning Commission's action with additional conditions and approving Conditional Use Permit 96,019: RESoLuTIoN NO. 96-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 96-019, AUTHORIZING THE CONVERSION OF AN EXISTING THREE (3) UNIT APARTMENT COMPLEX AND A 'SIX (6) PERSON RESIDENTIAL CARE FACILITY TO A SIXTEEN (16) PERSON REST HOME FOR THE ELDERLY AT THE PROPERTY LOCATED AT 14752 HoLT AVENUE Motion carried 5-0. Mayor Worley stated that it was a pleasure to see relatives of current residents of the facility voice their support for the project and owner, and said she was pleased that the owner lived in the area and would not be an absentee landlord. Mayor Pro Tem Thomas stated that this was an important issue to consider because of the growing demand for residential care homes; the potential problem of not having enough facilities to meet the demand; and he encouraged more development of elderly care facilities. Councilmember Doyle commended the relatives.of the residents in the care facility for their positive recommendations of the project and facility 'staff; and commended .the Council for their support of the project. CONS~ ~AR ( I~F~S 2 ~qrROUG~ ~2 ) Item No. 11 was removed from the conSent Calendar by Councilmember Potts. It was moved by Potts, seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. · APPROVAL OF MI~TES - OCTOBER 21, 1996 REGULAR MEETING Recommendation: Approve the City Council Minutes of October 21, 1996. · · APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL ReCommendation: Approve Demands in the amount of $1,434,115.92 and ratify Payroll in the amount of $341,803.93. AWARD OF CONTRACT FOR pUBLICATION OF CITY NOTICES Recommendation: Award a one-year contract to the TUstin News newspaper for publication of City legal and general notices and authorize the Mayor and City Clerk to execute the agreement as recommended by the City Clerk's office. CITY COUNCIL MINUTES Page 5, 11-4-96 AWARD OF CONTRACT FOR DEMOLITION OF THE EL CAMINO APARTMENTS, 1921-1951 EL CAMINO REAL (CIP NO. 700116 DEMO) Recommendation: Award the contract for demolition of the E1 Camino Apartments, 1921-1951 E1 Camino Real, to Environmental Control Systems in the amount of $18,300.00 as recommended by Public Works Department/Engineering Division. CONTRACT AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES Recommendation: Direct the Mayor and City clerk to execute contract documents on behalf of the City with Computer Service Company for traffic signal maintenance services for a four-year period, renewable each year, within the City of Tustin as recommended by the Public Works Department/Engineering Division. · PROGRAM SUPPLEMENT AGREEMENT NO. 014 TO LOCAL AGENCY - STATE AGREEMENT NO. 12-5271 COVERING: PRELIMINARY ENGINEERING FOR NEWPORT AVENUE REHABILITATION PROJECT (CIP PROJECT NOS. 700126, 700129 AND 700153) Recommendation: Approve and authorize the Mayor and City Clerk to execute subject supplement agreement as recommended by the Public Works Department/Engineering Division. PLANNING COMMISSION ACTION AGENDA - OCTOBER 28, 1996 Ail 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 October 28, 1996. RESOLUTION NO. 96-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY~ OF TUSTIN, CALIFORNIA, AMENDING A SURVEY AREA FOR REDEVELOPMENT PURPOSES Recommendation: Adopt Resolution No. 96-91 amending the Redevelopment Survey Area for redevelopment study purposes by adding the area of the. Marine Corps Air Station Tustin within the City of Irvine as recommended by the Redevelopment Agency staff. 10. DENIAL OF CLAIM NO. 96-28, CLAIMANT: HENRY JAMES Recommendation: Deny subject claim and direct the'City Clerk to provide notice to the claimant and claimant's attorney as recommended by the City Attorney, 12. PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPMENT OF A COMMUTER RAIL STATION FEE PROGRAM Recommendation: Approve a Professional Services 'Agreement with Willdan Associates for an amount not to exceed $29,983.00 to develop a Commuter Rail Fee Program, and authorize execution of the agreement by the Mayor and City Clerk, subject to the City. Attorney's approval as to form'as recommended by the Public Works Department. CONSENT CALENDAR ITEM NO. 11 - DENIAL OF CLAIM NO. 96-19, CLAIMA/gT:' MARSHALL KRUPP Councilmember Potts questioned a comment made on the claim form that the Tustin Ranch Golf Course Manager had stated to the claimant the City was liable for errant golf balls damaging CITY COUNCIL MINUTES Page 6, 11-4-96 personal property outside th'e golf course. Lois Jeffrey, City Attorney, stated that the City was not responsible for golf balls flying out of the golf course, it was the responsibility of the golf course and the golfer hitting the ball. It was moved by Potts, seconded by Doyle, to deny subject claim and direct the City'Clerk to provide notice to the claimant and claimant's attorney. Elizabeth Binsack, Director of Community Development, stated that the Tustin Ranch Golf Course General Manager had contacted the City regarding installation of a six-foot high fence; staff did not believe the fence would prevent golf balls from leaving the course; and staff had suggested the golf course reorient the tee boxes at certain holes. Council/staff discussion followed regarding contacting the golf course management' to clarify liability responsibility. Motion carried 5-0. REGULAR BUSINESS ( ITEM 13 ) 13. QUARTERLY INVESTMENT REPORT It was moved by Saltarelli, seconded by Thomas, to receive and file subject report. Motion carried 5-0. PUBLIC INPUT - None OTI:~R BUSINESS/COMMITTEEREPORTS ADDITION TO CLOSED SESSION Lois Jeffrey, City Attorney, requested that a pending litigation case, McGuire vs. City of Tustin, be added to Closed Session as an emergency item. · It.was moved by Doyle, seconded by Thomas, that an issue regarding pending litigation, McGuire vs. 'city of TUstin, came to the attention of the citY subsequent to agenda posting and required immediate action. Motion-carried 5-0. · It was moved· by Doyle, seconded by Thomas, that pending litigation case, McGuire vs.' City of Tustin, be added to the Closed SessiOn agenda as an emergency item. Motion carried 5-0. CITY COUNCIL MINUTES Page 7, 11-4-96 VOTE ON NOVEMBER 5, 1996 Council urged everyone to vote on Election Day, November 5, 1996. TUSTIN HIGH SCHOOL PRIDE PROGRAM Councilmember Potts and Mayor Worley thanked the community for candy donations and commended Tustin High School Pride Program, Pete Rivas, and Tim O'Donoghue for a'successful Halloween event. COUNCIL STATUS CALENDAR Councilmember Potts reqUested creation of a. Council status calendar similar to the Planning Commission's Action Calendar. TREE PARK Mayor Pro Tem Thomas'suggested that the Tree Park be named Redwood Park. PIONEER ROAD TRAFFIC Mayor Pro Tem Thomas requested Police Department assistance with excessive speed and unsafe driving .on Pioneer Road. HERITAGE PARK WORKSHOP Mayor Worley reported on attendance, at the Heritage Park public workshop. ORANGE .COUNTY TRANSPORTATION AUTHORITY MEETING Mayor Worley reported on her attendance at the Orange County Transportation Authority meeting to adopt the Smart Street Program and commended staff for efforts to obtain Tustin funding in the completion of Moulton Parkway from Santa Ana to Dana Point. CLOSED SESSION Mayor Worley announced that the City Council would convene in closed session to confer with the City Attorney regarding the following liability claims: Claim of Reynaldo Sanchez and Raul Camacho; Claim of Julianne Dellarossa; Claim of Sherman and Deborah Patterson; and a pending litigation case of McGuire vs. City of' Tustin. The City Council also considered the appointment of a public'employee. Mayor Worley adjourned the meeting at 8:02 p.m. The next regular meeting of the City Council was scheduled for Monday, November 18, 1996, at 7:00 p.m. in the Council Chambers at 300 .Centennial Way. CLOSED SESSION STATEMENT It was moved and seconded to reject each of the following claims: Julianne Dellarossa, Claim No. 96-36; Sherman and Deborah Patterson, Claim No. 96- CITY COUNCIL MINUTES Page 8, 11-4-96 40; and ReynaldO Sanchez and Raul Camacho, Claim No. 96-38. Motion carried 5-0. TRACY WILLS WORLEY, MAYOR' PAMELA STOKER, CITY CLERK