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HomeMy WebLinkAboutCC 1 MINUTES 12-21-92L. II. CONSENT CALENDAR NO. 1 12-21-92 MINUTES REGULAR MEETING OF THE CITY COUhvIL CITY OF TUSTIN, CALIFORNIA DECEMBER 7, 1992 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pontious at 7:00 p.m. at the Tustin Area Senior Center, 200 South "C" Street, Tustin, California. The. Pledge of Allegiance was led by Councilmember Thomas. INVOCATION The Invocation was given by Cecilia's Catholic Church. III. ROLL CALL IV. Father Timothy MacCarthy, St. Council Present: Leslie Anne Pontious, Mayor Jim Potts, Mayor Pro Tem Charles E. Puckett Thomas R. Saltarelli Jeffery M. Thomas Council Absent: None City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Comm. Development Robert Ruhl, Field Service's Manager Gary Veeh, Water Operations Manager Dan Fox, Senior Planner Doug Anderson, Transportation Engineer Susan Jones, Recreation Superintendent Valerie Whiteman, Chief Deputy City Clerk Approximately 10 in the audience PUBLIC HEARINGS 1. ZONE CHANGE 92-002 AND DEVELOPMENT AGREEMENT 92-001 (LYON) Dan Fox, Senior Planner, reported the applicant was proposing a change of the land use designation from Medium Density Residential to Medium -High Density Residential. The modification would allow 25 dwelling units per acre resulting in the potential for 354 dwelling units on the property, 100 more than currently authorized. He stated that in conjunction with the amendment, the applicant proposed a Development Agreement whereby the applicant would pay $2,000.00 per unit exceeding 254 dwelling units per acre which would be applied toward East Tustin park improvements. Councilmember Saltarelli expressed concern with the development agreement language pertaining to liens and the CITY COUNCIL MINUTES Page 2, 12-7-92 definition of excess dwelling units. James Rourke, City Attorney, suggested the language could be clarified and resubmitted for Council action. Mayor Pontious opened the Public Hearing at 7:10 p.m. The following member of the audience spoke in favor of Zone Change 92-002 and Development Agreement 92-001: Chris Hawke, William Lyon Company representative The following member of the audience spoke in opposition to Zone Change 92-002 and Development Agreement 92-001: Merle Ogle, Ventana Homeowners Association representative Mayor Pontious noted that the proposed density in the area was lower than original design statistics. The following member of the audience clarified the use of park development funds: Norm Smith, The Irvine Company There were no other speakers on the subject and the Public Hearing was closed at 7:13 p.m. It was moved by Thomas, seconded by Saltarelli, to certify Addendum No. 4 to EIR 85-2 by adopting the following Resolution No. 92-147: RESOLUTION NO. 92-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 85-2 WITH ADDENDUM NO. 4 FOR REVISIONS TO THE TRIP GENERATION RATE SUMMARY RELATED TO ZONE CHANGE 92-002 AND DEVELOPMENT AGREEMENT 92-001 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas, seconded by Saltarelli, that Ordinance No. 1102 have first reading by title only and introduction. Motion carried 5-0. The City'Clerk read the following Ordinance No. 1102 by title only: ORDINANCE NO. 1102 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 92-002 TO AMEND THE EAST TUSTIN SPECIFIC PLAN LAND USE MAP TO CHANGE THE LAND USE CATEGORY IN THE VICINITY OF LOT 12 OF TRACT 12870 FROM MEDIUM DENSITY TO MEDIUM-HIGH DENSITY RESIDENTIAL WITH MINOR TEXTURAL REVISIONS CITY COUNCIL MINUTES Page 3, 12-7-92 It was moved by Puckett, seconded by Saltarelli, to continue Resolution No. 92-148, approving Development Agreement 92-001, for language clarification. Motion carried 5-0. 2. EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR YORBA STREET WIDENING, 135 NORTH YORBA STREET (CAMPBELL PROPERTY) James Rourke, City Attorney, reported that at the November 16, 1992 meeting, Council approved by resolution initiation of eminent domain proceedings against the subject property. The City Attorney's office attempted to obtain an Order of Possession from the Orange County Superior Court; however, due to a technical difficulty, the Court requested the City re -adopt the Resolution of Necessity. Mayor Pontious opened the Public Hearing at 7:15 p.m. There were no speakers on the subject. At the City Attorney's request, the City Council did not close the Public Hearing and continued the matter to confer with the City Attorney in Closed Session. V. PUBLIC INPUT - None .'I. CONSENT CALENDAR Items No. 1, 2, and 11 were removed from the Consent Calendar by Councilmembers Saltarelli, Thomas and Puckett. It was moved by Potts. seconded by Saltarelli to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 3. SERVICE AGREEMENT NO. 12LA139 AND LOCAL ENTITY -STATE AGREEMENT NO. STPL-5271(002) PROGRAM SUPPLEMENT NO. 012, PROSPECT AVENUE FROM IRVINE BOULEVARD TO SHERBROOR DRIVE Recommendation: Approve and authorize the Mayor and City Clerk to execute subject agreement and supplement as recommended by the Public Works Department/Engineering Division. 4. SERVICE AGREEMENT NO. 12LA138 AND LOCAL ENTITY -STATE AGREEMENT NO. STPL-5271(001) PROGRAM SUPPLEMENT NO. 011, MAIN STREET FROM PROSPECT AVENUE TO NEWPORT AVENUE Recommendation: Approve and authorize the Mayor and City Clerk to execute subject agreement and supplement as recommended by the Public Works Department/Engineering Division. S. REJECTION OF CLAIM NO. 92-50 - CLAIMANT, EMIL MARMOL; DATE OF LOSS, 6/11/92; DATE FILED WITH CITY, 10/30/92 Recommendation: Reject subject claim for personal injury damages in excess of $17,000.00 as recommended by the City Attorney. CITY COUNCIL MINUTES Page 4, 12-7-92 6. RESOLUTION NO. 92-145 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE DESIGNATED POSITIONS CONTAINED IN THE CONFLICT OF INTEREST CODES OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 92-145 modifying the Designated Positions (Appendix A) which define those positions required to file Statements of Economic Interests as recommended by the City Clerk's Office. 7. AWARD OF CONTRACT FOR COMMUNITY DEVELOPMENT DEPARTMENT COMPUTER EQUIPMENT Recommendation: Receive and file subject report as recommended by the Community Development Department. S. INITIATION OF ANNEXATION.NO. 154, 18582 SEVENTEENTH STREET Recommendation: Initiate Annexation No. 154 by adopting the following Resolution No. 92-149 and confirm the Master Property Tax Transfer Agreement by adopting the following Resolution No. 92-150, as submitted or revised, as recommended by the Community Development Department: RESOLUTION NO. 92-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INITIATING APPLICATION FOR THE UNINHABITED ANNEXATION OF TERRITORY KNOWN AS ANNEXATION NO. 154 (18582 SEVENTEENTH STREET) RESOLUTION NO. 92-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED ANNEXATION NO. 154 (18582 SEVENTEENTH STREET) 9. 1993 VACANCIES FOR COMMISSIONS AND COMMITTEES Recommendation: Approve the 1993 vacancy listing of City Council -appointed Commissions and Committees for posting and distribution to the public; the Cultural Resources Committee membership information will be changed to reflect Council action under Old Business No. 1 as recommended by the City Clerk's Office. 10. AWARD OF CONTRACT FOR STREET RECONSTRUCTION/REHABILITATION ON PROSPECT AVENUE FROM IRVINE BOULEVARD TO ORANGE COUNTY FLOOD CONTROL DISTRICT NORTH TUSTIN CHANNEL (F12) - A FEDERALLY FUNDED PROJECT (DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION 15%) Recommendation: Award the contract for subject project to R. J. Noble Company of Orange, California, in the amount of $187,055:78 as recommended by the Public Works Department/ Engineering Division. 12. RESOLUTION NO. 92-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 91-265 Recommendation: Adopt Resolution No. 92-146 approving Final Parcel Map 91-265, as submitted or revised, as recommended by the Community Development Department. CITY COUNCIL MINUTES Page 5, 12-7-92 13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR COMPLETION OF RESIDENTIAL DESIGN GUIDELINES Recommendation: Approve subject Professional Services Agreement with Urban Design Studio in the amount of $25,,000.00 and authorize the Assistant City Manager to execute said agreement approved as to form by the City Attorney as recommended by the Community Development Department. 14. AWARD OF CONTRACT FOR. STREET RECONSTRUCTION/REHABILITATION ON MAIN STREET FROM PROSPECT AVENUE TO NEWPORT AVENUE - A FEDERALLY FUNDED PROJECT (DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION 15%) Recommendation: Award the contract for subject project to Camino Viejo Paving, Inc. of Laguna Hills, California, in the amount of $219,369.60 as recommended by the Public Works Department/Engineering Division. CONSENT CALENDAR NO. 1 - APPROVAL OF MINUTES - NOVEMBER 16, 1992 REGULAR MEETING Councilmember Saltarelli requested corrections to Item No. V, Public Input, to reflect speaker Cleo Cousineau as supporting a lease agreement with Villa Valencia Mobile Home Estates; and Item No. IX, Old Business, corrected to include his question as to whether the Articles of Incorporation filing fee/pre-paid tax would be refunded upon certification as a non-profit organization. It was moved by Saltarelli. seconded by Potts, to approve the City Council Minutes of November 16, 1992, as corrected. Motion carried 5-0. CONSENT CALENDAR NO. 2 - APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Councilmember Thomas stated he removed this item in error. It was moved by Thomas. seconded Potts, to approve Demands in the amount of $2,136,470.95 and ratify Payroll in the amount of $306,872.84. Motion carried 5-0. CONSENT CALENDAR NO. 11 - RECONFIRMATION OF CITY COUNCIL ACTIONS REGARDING MODIFICATIONS TO ON -STREET PARKING ALONG SIXTH STREET BETWEEN EL CAMINO REAL AND "C" STREET Councilmember Puckett stated he was absent from the November 2, 1992 Council meeting when this item was discussed. He said that alteration of* the red curbs and parking restrictions would eventually create similar citizen parking complaints as experienced in the past; therefore, he opposed the modifications to the on - street parking. CITY COUNCIL MINUTES Page 6, 12-7-92 Council/staff discussion followed regarding police enforcement procedures; and increasing no parking time restriction from 12:00 a.m. - 5 a.m. to 10:00 p.m. - 5:00 a.m. It was moved by Thomas, seconded by Potts, to (1) Remove two-hour time restricted parking limits along the north and south sides of Sixth Street from E1 Camino Real westerly to the prolongation of the west property limit of the Tustin Garage, (2) Install signs in the aforementioned area above restricting any on -street parking from 10:00 p.m. to 5:00 a.m., ( 3 ) Modify existing red curb markings to restore on -street parking along the north and south sides of Sixth Street adjacent to the northwest and southwest corners of the Sixth Street/E1 Camino 'Real intersection, and (4) Maintain the existing red curb markings located along the west side of E1 Camino Real north of Sixth Street. Motion carried 3-2, Puckett, Saltarelli opposed. VII. ORDINANCE FOR INTRODUCTION - None VIII. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 1099 - WATER EFFICIENT LANDSCAPE STANDARDS AND REQUIREMENTS It was moved by Puckett, seconded by Thomas, that Ordinance No. 1099 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1099 by _the City Clerk, it was moved by Puckett, seconded by Thomas, to adopt the following Ordinance.No. 1099: ORDINANCE NO. 1099 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REGARDING USE OF DROUGHT TOLERANT PLANT MATERIAL AND WATER CONSERVATION MEASURES PERTAINING TO LANDSCAPE STANDARDS AND REQUIREMENTS Motion carried 5-0 (roll call vote). I8. OLD BUSINESS 1. APPOINTMENTS TO THE CULTURAL RESOURCES COMMITTEE The Council cast their votes for the following Cultural Resources Committee candidates: Brent Ferdig, Barbara Ferguson, Audrey Heredia, Ella Lane, Lawrence Layne, Warren Lortie, and David Vandaveer, Jr. To fill two, four-year term vacancies, votes were cast as follows: Pontious: Ferdig, Ferguson Potts: Ferdig, Heredia Puckett: Ferdig, Heredia Saltarelli: Ferdig, Heredia Thomas: Ferdig, Heredia CITY COUNCIL MINUTES Page 7, 12-7-92 Brent Ferdig (5 votes) and Audrey Heredia (4 votes) were appointed to. the Cultural Resources Committee for four-year terms. Mayor Pontious explained that due to Robert EdgellIs resignation from the Committee, one short-term position was vacant. Short-term votes were cast as follows: Pontious: Vandaveer Potts: Lortie Puckett: Vandeveer Saltarelli: Lortie Thomas: Lortie Warren Lortie (3 votes) was appointed to the Cultural Resources Committee to fill the remainder of Mr. Edgell's term. X. NEW BUSINESS 1. GRADE SEPARATION PROJECTS - NEWPORT AVENUE, RED HILL AVENUE AND TUSTIN RANCH ROAD Mayor Pro Tem Potts stated that, due to the high amount of expected train crossings, he wanted to begin plans now to -- construct grade separations at Newport Avenue, Red Hill Avenue, and Tustin Ranch Road. He felt that the construction plans and exploration of funding sources should be started immediately so the City would be ready to proceed once funding was available. William Huston, City Manager, said staff would submit at the December 21, 1992 Council meeting, past and future plans for constructing grade separations on Edinger Avenue at the intersections of Newport Avenue (extended) , Red Hill Avenue, and Tustin Ranch Road (extended); funding options; and suggestions for expediting each project. Councilmember Thomas requested including an update on the platform rail system in the report. %I. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 23, 1992 It was moved by Potts, seconded by Thomas, to ratify the Planning Commission Action Agenda of November 23, 1992. Councilmember Saltarelli stated that due to the amount of freeway changes, the Planning Commission should review the City's freeway sign policy and contact Caltrans regarding installation of additional guide signs. Motion carried 5-0. CITY COUNCIL MINUTES Page 8, 12-7-92 Council concurred to refer freeway sign standards to the Planning Commission for policy development. 2. OVERHEAD UTILITY CONCERNS AT BROWNING AND WALNUT AVENUES Robert Ledendecker, Director of Public Works, summarized the utility concerns including the stability of the overhead facilities holding the transformer units and overhead conductors. He stated the Edison Company inspected the equipment and concluded the facilities were safe. Council/staff discussion followed regarding undergrounding costs. It was moved by Puckett. seconded by Potts, to receive and file subject report. Motion carried 5-0. XII. PUBLIC INPUT 1. LAUREL GLEN PARR SWING Jane Anderson, Sevilla Homeowners Association, questioned the length of time involved to repair the swing at Laurel Glen Park. William Huston, City Manager, responded that repair of the swing was a warranty issue and staff would apprise her of the progress. 2. COSTCO SIGN/LANDSCAPE BERMS Jane Anderson, Sevilla Homeowners Association, questioned why the Costco sign was still on after 10:00 p.m.; and the status of mitigation landscape berms at the site. Christine Shingleton, Assistant City Manager, responded that Costco had been unresponsive to requests to install a timing device for limiting sign lighting at night.. Mayor Pontious suggested the homeowners association write to Costco's public relations office and include attachments of City correspondence on the issue. William Huston, City Manager, stated the City was aware of Costco permit violations regarding landscape berms and was seeking legal compliance. 3. OPPOSITION TO ZONE CHANGE 92-002 John Pouk, 12045 South Rivera, Tustin, spoke in opposition to Zone Change 92-002 due to traffic impacts and diminished property values. Mayor Pontious responded that the project was underdeveloped and staff would contact him to view preliminary development plans. CITY COUNCIL MINUTES Page 9, 12-7-92 'III. OTHER BUSINESS 1. CLOSED SESSION - EMINENT DOMAIN, PERSONNEL MATTERS, AND LABOR RELATIONS James Rourke, City Attorney, requested a Closed Session regarding eminent domain. William Huston, City Manager, requested a Closed Session regarding personnel matters and labor relations. 2. TREE LIGHTING CEREMONY Councilmembers Saltarelli and Puckett, and Mayor Pontious commented on the successful Tree Lighting Ceremony, commended the Columbus Tustin Chorus and Orange County Junior Philharmonic, and thanked the Olive Garden Restaurant for their donations and support of the event. 3. SPORTS PARR UPDATE Mayor Pro Tem Potts requested a report at every Council meeting on the Sports Park progress; and requested agendizing at the December 21 Council meeting options to expedite construction and explore funding -for the project. 4. STATUS OF BIKE TRAILS Mayor Pro Tem Potts requested status on completion of bike trails. 5. UPDATE - BEAUTIFICATION COMMITTEE Councilmember Thomas requested an update on the Beautification Committee. 6. GRAFFITI HOTLINE Councilmember Thomas reported there was, at times, no one present to receive graffiti hotline calls, and response time to complaints was inconsistent. XIV. CLOSED SESSION Mayor Pontious announced the City Council would recess to Closed Session pursuant to Government Code Section 54956.8 for discussion regarding eminent domain proceedings; to consider personnel matters pursuant to Government Code Section 54957; and to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6. V. ADJOURNMENT Mayor Pontious adjourned the meeting at 8:04 p.m. The next regular meeting of the City Council was scheduled for Monday, December 21, 1992, 7;00 p.m., at the Tustin Area Senior Center. CITY COUNCIL MINUTES Page 10, 12-7-92 �!VI. FOLLOWING CLOSED SESSION - EMINENT DOMAIN PROCEEDINGS, 135 NORTH YORBA STREET (CAMPBELL PROPERTY). The City Council continued the matter for further hearing on Tuesday, December 22, 1992, at 5:30 p.m., at the Tustin Area Senior Center, 200 S. "C" Street, Tustin, California. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK