HomeMy WebLinkAbout02 MINUTES 03-03-97 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 18, 1997
NO. 2
3-3-97
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Worley at 7:04 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of
Allegiance was led by Mayor Pro Tem Thomas.
INVOCATION
The Invocation was given by Captain Lee Lescano, Salvation Army Church.
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
Martin Pastucha, Field Services Manager
Valerie Crabill, Chief Deputy City Clerk
Scott Reekstin, Associate Planner
Sara Pashalides, Associate Planner
Dan Fox, Senior Planner
Rick Zimmer, Redevelopment Program Manager
Bettie Correa, Senior Personnel Analyst
Approximately 170 in the audience
PUBLIC INPUT
OLD TOWN DIRECTIONAL SIGNS
Phil Cox, Brookings, OR, reported on the background of the Old
Town directional sign project; commended Council, staff, business
and community members for their support; and noted that the
project would be completed with the installation of the tenth and
final sign.
CITIZEN COMPLAINT - WATER BILL DELIVERY
Robert Wehn, 18082 Lillian Way, Tustin, cOmplained that his water
bill was not received in a timely manner and questioned if the ~
delay was due to processing assistance from Senior Center
volunteers.
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PRESENTATIONS (ITEMS
Z ~
TUSTIN OLD TOWN ASSOCIATION (Agenda order)
Mayor Worley announced this item would be taken out of agenda
order at Dr. Stanford's request.
Dr. William Stanford, Tustin Old Town Association President,
thanked Council and staff for supporting the formation of the
Association; introduced the Association Officers; stated that the
Association's goal was to preserve the Old Town atmosphere; said
the first-year plan included creating a stable organization,
developing a broad membership, and implementing a business
retention and outreach program through promotional campaigns and
coordination with Old Town events such as the Heritage Walk, Chili
Cook-Off, and Tiller Days; and requested Council appropriate
$15,000 to the Association the first year, $25,000 the second
year, and $50,000 per year to fund the commercial rehabilitation
program. He said the Association anticipated working in
cooperation with the CitY, Chamber of Commerce, Economic
Development Council, and business and property owners.
Mayor Worley pledged continued Council support of the Old Town
Association.
The following members of the audience spoke in favor of the Tustin
Old Town Business Association and thanked Council for their
support:
Leonard Nettles, 1913 Company
Audrey Heredia, McCharles House
lo
CORRIDOR MAJOR INVESTMENT STUDY PRESENTATION BY ORANGE COUNTY
TRANSPORTATION AUTHORITY
Nancy Michali, Orange County Transportation Authority, reported
that transportation alternatives for the 28-mile corridor from
Fullerton to Irvine had been identified including increasing bus
service, freeway and road improvements, and providing rail
.systems; and urged Council to forward recommendations to the
Authority regarding the transportation alternatives.
TUSTIN OLD TOWN ASSOCIATION
See No. 2 above.
PUBLIC I~I~]~RIN~S (ITEMS 3 THROUGH 5)
APPEAL OF CONDITIONAL USE PERMIT 96-37 AND DESIGN REVIEW 96-51
(PLAZA LAFAYETTE PARKING LOT EXPANSION)
Scott Reekstin, Associate Planner, reported that in December 1996,
the applicant received approval from the City's Zoning
Administrator to construct a parking area on a vacant abandoned
railroad right-of-way located behind the Plaza Lafayette shopping
center. He stated the project had been appealed; however, the
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Page 3, 2-18-97
Planning Commission upheld the Zoning Administrator's action with
modifications to the Conditions of Approval. On January 17, 1997,
an appeal was filed requesting Council review of the project. He
noted.the applicant's prior request to annex an abandoned railroad
right-of-way to accommodate a larger parking area which was
subsequently denied by Council. He stated the applicant indicated
additional parking was necessary for the center during peak hours;
the proposed expansion would allow 36 additional parking spaces;
the City could require additional parking if a study revealed a
parking problem existed at the Plaza; Planning Commission
requirements for the Plaza; appellant's objections to the proposed
parking lot; the City had received several letters and a petition
in opposition to the proposed project; Police Department opinion
that the proposed project would improve security and provide
Police access to the area; and modifications to Condition 2.1
included the words "or acceptable alternative" inserted following
"wall" throughout the Condition.
Mayor Worley opened the Public Hearing at 7:28 p.m.
The following member of the audience spoke in opposition to
Conditional Use Permit 96-037 and Design Review 96-051; however,
if approved by Council,. he requested additional conditions
including a minimum 8-foot solid masonry wall; landscaped with
bougainvillea; lessee maintain the wall and landscaping;
additional security be provided by either a full-time security
guard or a 6-foot high security gate with controlled access; hours
of operation limited from 7 a.m. to 10 p.m. seven days a week;
special events be limited to a maximum of four per year; rodents
eradicated prior to ground breaking; Community Development
Director review twice per year the maintenance and other issues
that might occur; lighting be directed downward; and the top of
the light fixtures installed below the top of the wall:
Robin Hayne, Woodcrest Apartment owners' representative
(submitted 123 signatures supporting the proposed
conditions)
.The following member of the audience spoke in opposition to
Conditional Use Permit 96-037 and Design Review 96-051; however,-
if approved by Council, she requested modifications to the
Conditions of Approval I.H.5 adding "to the east," deleting
"and/or carport," adding "to the west"; Exhibit A, 2.1, adding "to
the west," and "in the event that the garages are removed in the
future the property owner of the shopping center shall be required
within 30 days of removal to begin construction of a 6'8" high
solid block wall as a barrier in the exposed areas, subject to
review and approval by the Community Development Director. The
wall shall be completed no later than 60 days after demolition of
the garages"; 2.5, "Six inch raised concrete curb shall be placed
on site adjacent to the perimeter boundary walls and carport walls
to the east"; 2.6, "all graffiti shall be removed within 48 hours
of a complaint being transmitted by the City to the property
owners, graffiti should be removed as quickly .as possible"; 2.8,
adding "no less than once per year"; 3.1, deleting "unless
additional City approvals are obtained ; 3.2, "the use of the
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Page 6, 2-18-97
discussions.as soon as possible.
Councilmember Saltarelli stated that security was not an issue,
but he believed noise would be a problem; he did not want to
negativelY impact the Woodcrest Apartment residents by
constructing a parking lot; favored building a bike trail on the
land; the necessity to explore alternatives to resolve the Plaza's
parking problem; he had changed his original opinion of approving
the parking lot; and he supported reversing the Planning
Commission's decision to approve the parking lot without prejudice
in order to investigate land use and parking alternatives.
It was moved by Saltarelli, seconded by Thomas, t° reverse the
Planning Commission's decision regarding approval of Conditional
Use Permit 96-37 and Design Review 96-51 (Plaza Lafayette Parking
lot expansion) without prejudice.
Motion carried 4-0, Potts absent.
Mayor Worley recessed the meeting at 9:22 p.m' The meeting reconvened at
9:30 p.m.
·
ZONE CHANGE 96-2 (SANDERSON J. RAY DEVELOPMENT CO.)
Sara Pashalides, Associate Planner, reported the applicant was
proposing to amend the East Tustin Specific Plan to change
Neighborhood Commercial District setback standards from 35 feet to
20 feet for single story developments adjacent to residential
developments. She stated that the Planning Commission recommended
approval of the zone change; the site was currently developed with
a retail commercial center; the proposed zone change would affect
the remaining vacant pad at the south end of the shopping center;
the proposed changes were less restrictive for one story
developments to encourage low profile buildings of a residential
character; the setbacks for two-story developments would remain
the same; the proposed reduction was consistent with the General
Plan and the East Tustin Specific Plan providing adequate space
for buffering and visual separation; 25 feet would remain between
developments; and the zone change would encourage single story
developments in residential areas.
Council/staff discussion followed regarding amending the Specific
Plan relating to Neighborhood Commercial District only; a
retail/office project was proposed for the site; the proposed
project was a single story development; Council concern with
decreasing setbacks; adjacent property setbacks in the City;
notices were mailed to adjacent property owners; the City did not
receive opposition to the project; and the proposed retail
property square footage.
Mayor Worley opened the Public Hearing at 9:38 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. 97-11 approving the Environmental Determination for
the project:
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RESOLUTION NO. 97-11 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) CERTIFIED 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 ZONE
CHANGE 96-2 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 have first reading
by title only and introduction of Ordinance No. 1179. Motion
carried 4-0, Potts absent.
The City Clerk read the following Ordinance No 1179 by title
only:
ORDINANCE NO. 1179 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-2 AMENDING
SUBSECTION 4 OF SECTION 3.7.3.C OF THE EAST TUSTIN SPECIFIC PLAN
RELATED TO SETBACK STANDARDS IN THE NEIGHBORHOOD COMMERCIAL
DISTRICT FOR SINGLE-STORY DEVELOPMENTS
APPEAL OF CONDITIONAL USE PERMIT 96-33 (PACIFIC AUTO PARTS)
Sara Pashalides, Associate Planner, reported that the applicant
was requesting authorization to permit outdoor storage for three
military vehicles and two metal storage containers at 125 West
Main Street. She stated the military vehicles and one storage bin
were stored in the front parking lot visible from Main Street; the
rear parking lot contained vehicles and outdoor storage visible
from the public alley and adjacent properties to the north and
partially shielded from view from surrounding properties; the
chain link fencing was used for security and was open during
business hours for customer parking and closed after business
hours to provide security for the vehicles as well as the storage
bins; the Planning Commission approved the Conditional Use Permit
on January 13, 1997; Council appealed the item at their January
20, 1997 meeting; and alternatives Council could approve requiring
the applicant to store the vehicles and storage bins and materials
inside the building or off the property.
Mayor Worley opened the Public Hearing at 9:42 p.m.
The 'following member of the audience spoke in opposition to
Conditional Use Permit 96-33 (Pacific Auto Parts):
·
Rutabegorz Restaurant owner, 158 W. Main
The following members of the audience spoke in favor of
Conditional Use Permit 96-33 (Pacific Auto Parts):
Lyn Van Dyken, Tustin
Robert Wehn~ 18082 Lillian Way, Tustin
Lisa Connor, Pacific Auto Parts
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Sara Barnett, Pacific Auto Parts property owner
Roger Thomas, 19801 Meadow Ridge #28, Trabuco Canyon
Jim Foshlener, Tustin
Council/Speaker Connor/staff discussion followed regarding the
methods used to move the tanks off the parking lot; cement wheel
stops were required 2.5 feet from the wall; and security devices
were installed on the tanks to prevent vehicle entry and theft.
There were no other speakers on the subject and the Public Hearing
was closed at 10:02 p.m.
Mayor Worley stated that the tanks parked in the downtown area
made Old Town eclectic and charming; the tanks were maintained in
good condition; and she supported outside storage of the'military
vehicles.
Councilmember Saltarelli stated that the military vehicles had
become a personal matter with some members of the community; noted
safety concerns regarding military vehicles driving through the
small streets in Old Town; remarked on the public support for
keeping the tanks in Old Town; stated he would support the tanks
remaining parked in downtown; cautioned the owners and landlord
about the risk if driving the vehicles in town; and announced that
if the past community dispute arises again, this matter would be
agendized for Council review.
Council concurred to adopt the following Resolution No. 97-12
upholding the Planning Commission's action approving Conditional
Use Permit 96-033:
RESOLUTION NO. 97-12 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S
ACTION APPROVING CONDITIONAL USE PERMIT 96-033, AUTHORIZING THREE
MILITARY VEHICLES AND TWO METAL STORAGE CONTAINERS TO BE LOCATED
OUTSIDE THE BUILDING AT 125 WEST MAIN STREET
Motion carried 4-0, Potts absent.
CONSEIgT CALENDAR (ITEMS 6 THROUGH 10)
It was moved by Thomas, seconded by Doyle, to approve the Consent Calendar
as recommended by staff. Motion carried 4-0, Potts absent.
APPROVAL OF MINUTES - FEBRUARY 3, 1997 REGULAR MEETING
Recommendation: Approve the City Council Minutes of February 3,
1997.
·
APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,324,949.33
and ratify Payroll in the amount of $346,866.56.
·
PLANNING COMMISSION ACTION AGENDA - FEBRUARY 10, 1997
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
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Page 9, 2-18-97
·
February 10, 1997.
PURCHASE OF PROPERTY AT 3075-3097 EDINGER AVENUE (COMMUTER RAIL
STATION)
Recommendation: Approve and authorize the City Manager to execute
the Purchase and Sale Agreement between AB REO IV, L.L.C. and the
City of Tustin for a Commuter Rail Station, subject to minor
modifications as may be required and approved by the City Attorney
as recommended by the Assistant City Manager.
10.
STATUS REPORT: HERITAGE WAY PARK AND CEDAR GROVE PARK
Recommendation: Receive and file subject report as recommended by
the Community Services Department.
REG~BUSINESS ( ITEN~ 11 THROUGH 14 )
11.
INTRODUCTION OF ORDINANCE NO. 1178, CONTROLLED SUBSTANCE/ALCOHOL
TESTING FOR TAXICAB SERVICE PROVIDERS
It was moved by Thomas, seconded by Doyle, to have first.reading
by title only and introduction of Ordinance No. 1178.
Motion carried 4-0, Potts absent.
The City Clerk read the following Ordinance No. 1178 by title
only:
ORDINANCE NO. 1178 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 3412 AND 3415 OF THE
TUSTIN CITY CODE REGARDING THE LICENSING AND OPERATION OF TAXICAB
SERVICES
19_.
ADOPTION OF ORDINANCE NO. 1175 -.CONFIRMING VOTERS~ WISHES TO
LIMIT CITY COUNCIL TERMS
It was moved by Thomas, seconded by Doyle, to adopt the following
Ordinance No. 1175:
ORDINANCE NO. 1175 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, CONFIRMING THE VOTERS' WISHES EXPRESSED ON
NOVEMBER 8, 1994, TO LIMIT CONSECUTIVE TERMS OF MEMBERS. OF THE
CITY COUNCIL
13.
Motion carried 4-0, Potts absent (roll call vote)
ADOPTION OF ORDINANCE NO. 1176 - AMENDMENT TO PUBLIC EMPLOYEES~
RETIREMENT SYSTEM CONTRACT
It was moved by Thomas, seconded by Doyle, to adopt the following
Ordinance No. 1176:
ORDINANCE NO. 1176 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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Page 10, 2-18-97
Motion carried 4-0, Potts absent (roll call vote)
14.
ADOPTION OF ORDINANCE NO. 1177 - AMENDMENTS TO SUBDIVISION CODE
It was moved by Thomas, seconded by Doyle, to adopt the following
Ordinance No. 1177:
ORDINANCE NO. 1177 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING COMPREHENSIVE AMENDMENTS TO
ARTICLE 9, CHAPTER 3, SUBDIVISIONS, OF THE TUSTIN CITY CODE
Motion carried 4-0, Potts absent (roll call vote)
PUBLIC INPUT - None
OTHER BUSINESS/COMMITTEE REPORTS
ORANGE COUNTY FIRE AUTHORITY
Councilmember Doyle expressed opposition to the Orange County Fire
Authority assuming responsibility for ambulance services; and he
believed the recruitment for Fire Chief Holmes' replacement should
be at the local level.
Councilmember Saltarelli explained that the Fire Authority wanted
responsibility for ambulance services because they could provide
a shorter response time; and he approved of a national recruitment
for Chief Holmes' replacement.
COUNCIL DEBATE - PUBLIC HEARINGS
Councilmember Saltarelli commended his fellow Councilmembers for
a thorough debate on the Public Hearing issues.
ORANGE COUNTY BIG BROTHERS AND SISTERS
Mayor Worley commended Orange County Big Brothers and Sisters,
reported her son was an eager participant, and encouraged men to
volunteer to fill a Severe shortage of Big Brothers.
CLOSED SESSION - None
ADJOURNMENT
Mayor Worley adjourned the meeting at 10:15 p.m. The next regularmeeting
of the City Council was scheduled for Monday, March 3, 1997, at 7:00 p.m.
in the Council Chambers at 300 Centennial Way.
TRACY WILLS WORLEY, MAYOR
PAMELA STOKER, CITY CLERK