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HomeMy WebLinkAboutCC MINUTES 1995 09 18MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 18, 1995 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Pro Tem Worley at 7:08 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. The Invocation was given by Mayor Pro Tem Worley. 'ROLL CALL Council Present: Tracy A. Worley, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Council Absent: Jim Potts, Mayor City Clerk: Thomas R. Saltarelli Pamela Stoker Others Present: William A. Huston, City Manager Lois Jeffrey, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Tim Serlet, Director of Public Works Mike Henley, Director of Community Services Valerie Crabill, Chief Deputy City Clerk Dana Kasdan, Engineering Services Manager Dan Fox, Senior Planner Paula Rankin, Associate Planner Rita Westfield, Asst. Dir./Com. Development Gary Veeh, Water Services Manager Bettie Correa, Senior Personnel Analyst Approximately 20 in the audience PROCLAMATION LIONS CLUB SIGHT & HEARING DAY, OCTOBER 7 Mike Harlin, The Tustin Breakfast Lions Club, thanked Council for issuing the proclamation and supporting area youth health care. Mayor Pro Tem Worley read and presented a proclamation declaring Lions Club Sight and Hearing Day to Mike Harlin. PUBLIC INPUT OPPOSED NOISE AND CAMPING -STORAGE OF PERSONAL PROPERTY ORDINANCES/SUPPORTED VEHICLE PAWNBROKER BUSINESS Will B. King, spoke in opposition to the construction noise ordinance and camping/storage of personal property ordinance; and in favor of automobile pawnbroker business. PUBLIC HEARINGS (ITEMS 1 THROUGH 3) 1. AMENDMENT TO CONDITIONAL USE PERMIT 94-023 AND DESIGN REVIEW 94- 030 (MCDONALDIS) Dan Fox, Senior Planner, reported that at the February 21, 1995 meeting, Council approved construction of a McDonald's restaurant located at Bryan Avenue and Tustin Ranch Road, subject to certain conditions. He stated the applicant completed construction of the restaurant, with exception of the berming and screen walls required by conditions of approval for the project. The applicant was requesting an amendment to the conditions of approval to modify the berm landscaping and reduce the wall height and berm from 4.5 feet to approximately 3 feet along Bryan Avenue, 3 feet 8 inches on the curved portion of Tustin Ranch Road, and a 3.5 foot earthern berm along Tustin Ranch Road. He stated the screening around the perimeter of the drive-thru lane was not required by the East Tustin Specific Plan, but was proposed to minimize potential impacts of the drive-thru facility such as headlights, noise, and security issues. The applicant requested modification of landscaping along the Tustin Ranch Road edge of the drive-thru lane including grass sod on the berm, and stated CITY COUNCIL MINUTES Page 2, 9-18-95 concern that a 4.5 foot high solid barrier would pose a security hazard to the restaurant and customers, may be aesthetically unpleasant, and could become an easy graffiti target. Mayor Pro Tem Worley opened the public hearing at 7:20 p.m. The following member of the audience spoke in favor of amendment to Conditional Use Permit 94-023 and Design Review 94-030; and addressed security and landscaping issues: James Frisbie, McDonald's Owner -Operator Council/speaker discussion followed regarding eucalyptus trees; grass area; the importance of restaurant interior visibility for security; and landscaping. The following member of the audience spoke regarding Council's breach of trust concerning the original approval of the McDonald's project; the importance of restaurant interior visibility and security; the attractive architecture; and complained about signage lighting, early morning signage illumination, noise from the children's play area, and early Saturday morning parking lot sweeping: Shari Sluder, 13522 Pecan Lane, Tustin Council/speaker Frisbie discussion followed regarding review of noise ordinance and use of parking lot sweepers; automated illuminated signage timing control; owner investigation of early morning signage illumination; and an enclosed play area had not been planned for the project. The following member of the audience voiced concern regarding restaurant odor: Howard Mitzman, 13222 Cortina, Tustin James Frisbie stated that the restaurant used the latest exhaust equipment; he had been unaware of odor complaints; and he was unsure if a solution existed for the odor problem. The following member of the audience spoke regarding restaurant security; drive-thru noise pollution; and illuminated signage: Martin Gilban, Sycamore Glen There were no other speakers on the subject and the public hearing was closed at 7:38 p.m. Councilmember Doyle stated that specific conditions imposed on McDonald's were the result of residents' input; said signage illumination would eventually be obstructed by maturing trees; voiced concern regarding the cost factor and time delay in modifying existing landscaping; noted that average vehicle headlights would not project above the drive-thru wall; stated that shrubbery would mitigate drive-thru noise; voiced opposition to increasing wall height due to security/safety issues; noted the restaurant's state-of-the-art cooking equipment; remarked on the project's landscaping; and stated his satisfaction with the proposed amendments to the project. Councilmember Thomas stated that project conditions of approval were not unchangeable and could require Council review; supported the Police Department's safety concerns; said illuminated signage timers and parking lot sweepers must be regulated; noted the owner's willingness to work with residents for problem resolution; and supported the proposed amendments. Council/speaker Sluder/staff discussion followed regarding planting additional trees along the residential side of Tustin Ranch Road; and tree replacements. CITY COUNCIL MINUTES Page 3, 9-18-95 Mayor Pro Tem Worley noted her recent meeting with Mr. Frisbie and residents regarding this issue; said the existing drive-thru wall and screening blocked the majority of headlights; commented on mitigation measures taken by McDonald's to address resident concerns; said the proposed amendments were reasonable; favored additional landscaping; and supported the proposed amendments. It was moved by Doyle seconded by Thomas, to approve modification of the berm landscaping and to reduce the height of the wall and berm from 4.5 feet to approximately 3 feet along Bryan Avenue, 3 - feet 8 inches around the corner, and a 3.5 foot earthen berm along Tustin Ranch Road; all trees along Tustin Ranch Road and Bryan Avenue shall be planted consistent with the approved landscaping plans for the project and no modifications to the number, location, or size of trees shall be approved as part of this amendment. Motion carried 3-0, Potts, Saltarelli absent. 610-40 2. TENTATIVE PARCEL MAP 95-115 (WILLIAMSON & SCHMID) Dan Fox, Senior Planner, reported the applicant was requesting to subdivide existing industrial property into three lots; no new development was proposed; a common parking lot would be included under reciprocal parking and access; and the proposed development standards were consistent with district regulations of the Irvine Industrial Complex. Mayor Pro Tem Worley opened the public hearing at 7:55 p.m. There were no speakers on the subject and the public hearing was closed. *Oak It was moved by Thomas seconded by Doyle, to approve the Environmental Determination for the project by adopting the following Resolution No. 95-81: RESOLUTION NO. 95-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR TENTATIVE PARCEL MAP 95-115 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 3-0, Potts, Saltarelli absent. It was moved by Thomas, seconded by Doyle, to approve Tentative Parcel Map 95-115 by adopting the following Resolution No. 95-82:. RESOLUTION NO. 95-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 95-115, A REQUEST TO SUBDIVIDE ONE 3.824 ACRE INDUSTRIAL PARCEL INTO THREE NUMBERED PARCELS AND ONE LETTERED PARCEL -ON -THE PROPERTY LOCATED AT 14272 FRANKLIN AVENUE Motion carried 3-01 Potts, Saltarelli absent. 600-45 3. COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT Paula Rankin, Associate Planner, reported that per Community Development Block Grant regulations, the Grantee Performance Report (GPR) was an annual reporting document re submitted to the U.S. Department of Housing and Urban Developmentto • The GPR was designed to provide information on how a grantee used its entitlement funds by providing a concise description of each activity for which funds were budgeted and expended during the reporting period, as well as providing information on activity accomplishments. She explained that of the $494,000 awarded to the City, $77,500 was expended for expansion of the Tustin Boys and Girls Club, senior meals at the Tustin Area Senior Center, Fair Housing services, community education programs, homeless issues; counseling services, and emergency shelter for youth. She said that a public notice had been published and staff had not received public comment. i CITY COUNCIL MINUTES Page 4, 9-18-95 Mayor Pro Tem Worley opened the public hearing at 7:58 p.m. There were no speakers on the subject, and the public hearing was closed. It was moved by Thomas, seconded by Do le, to adopt the following Resolution No. 95-83 adopting the Community Development Block Grant Grantee Per Report for fiscal year 1994-95: RESOLUTION NO. 915-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,I CALIFORNIA, ADOPTING THE GRANTEE PERFORMANCE REPORT FOR FISCAL YEAR 1994-95 OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Motion carried 3-0, CONSENT CALENDAR ( ITEMS Potts, Saltarelli absent. 4 THROUGH 12 ) It was moved by Doyle. seconded by Thomas, to approve the Calendar as recommended by staff. Motion carried 3-0, Saltarelli absent. 640-05 Consent Potts, 4. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation:Approve Demands in the amount of $673,068.59 and ratify Payroll in the amount of $317,253.23. 380-10 360-82 5. AUTHORIZATION TO EXECUTE LICENSING AGREEMENT WITH MUNICIPAL RESOURCES CONSULTANTS FOR PURCHASE OF A NEW BUSINESS LICENSE INFORMATION MANAGEMENT SYSTEM AND ONGOING SUPPORT Recommendation : (1) Authorize the Assistant City Manager to execute the proposed licensing agreement with Municipal Resources Consultants for the purchase of a new business license information system and ongoing support, and (2) Approve optional business license identification task contingent upon approval and receipt of offsetting State funds as recommended by the nit Commu400y0 Development Department. 6. RESOLUTION NO. 95-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR ANNUAL SIDEWALK, CURB AND GUTTER, AND INTERLOCKING PAVER REPAIR PROJECT, 1995-96 FY (PROJECT NO. 4020-6235) Recommendation: Adopt Resolution No. 95-80 approving plans and specifications for the annual sidewalk, curb and gutter, and interlocking paver repair project and authorizing and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 400-45 7. RESOLUTION NO. 95-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR RAWLINGS RESERVOIR RETAINING WALL REPAIR PROJECT, PROJECT NO. 600094 Recommendation: Adopt Resolution No. 95-86 accepting said work and authorizing recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. 400-45 8. RESOLUTION NO. 95-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE WATER MAIN REPLACEMENT PROJECTS, PROJECT NO. 600122 FOR WHITNEY DRIVE, LASSEN WAY, LASSEN DRIVE, SHASTA WAY, RAINIER DRIVE, BLUE RIDGE DRIVE AND OAK RIDGE DRIVE Recommendation: Adopt Resolution No. 95-73 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Water Division. 400-45 9. APPROVAL OF MINUTES - SEPTEMBER 5, 1995 REGULAR MEETING Recommendation: Approve City Council Minutes of September 5, 1995. 10. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 11, 1995 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify Planning Commission Action Agenda 120 50 September 11, 1995. CITY COUNCIL MINUTES Page 5, 9-18-95 11. 1994-95 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT UPDATE (FOURTH QUARTER) Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 730-90 12. TUSTIN RANCH ELEMENTARY SCHOOL BUS TURN -OUT AGREEMENT Recommendation: Approve subject agreement with the Tustin Unified .-, School District and Trittipo & Associates for the relocation of a bus turn -out on Robinson Drive in front of Tustin Ranch Elementary School, authorize the Mayor to execute subject agreement, and appropriate $13,801.16 from the liability fund (Fund No. 820) as recommended by the Public Works Department/Engineering Division. REGULAR BUSINESS ( ITEMS 13 THROUGH 17 ) 400-10 17• STATUS REPORT - TUSTIN TREE PARK (Agenda Order) Mayor Pro Tem Worley announced this item would be moved out of agenda order to accommodate speakers from the audience. Christine Shingleton, Assistant City Manager, summarized the status of the Tustin Ranch Tree Park including: the master plan process; residents' objectives for amenities such as a rest room, parking lot, water element, picnic area, amphitheater, fitness and activity area, open area, volleyball, gravel perimeter trail, rustic fencing, tree growth, and preservation of the area's natural setting; construction drawings; description of master plan elements; $1.45 million total project construction cost; and Parks and Recreation Commission review of the master plan on September 28, 1995. William Huston, City Manager, reported that Tree Park development was on schedule; construction costs were projected at $1,427,000; design costs were approximately 8 percent of construction costs; park funding shortfall; park phasing financing options and costs; and ground breaking was estimated for April/May 1996; Council/staff discussion followed regarding misinformation circulating about the park's completion; funding;park phasing; park phase one amenities; proposed elementary school; park joint use agreement with the school district; and park ground breaking timeline. Councilmember Doyle stated he was pleased with the park design and proposed amenities; voiced concern about appropriating from the reserve fund in order to finance the park; noted the financial uncertainty of the County/State and its potential affect on City revenues; and opposed using reserve funding for park construction. Mayor Pro Tem Worley pointed out that it was Council's privilege to set project priorities and she believed parks and recreation was a priority; noted budget workshop discussion of using capital improvement funds instead of reserve funds; and reiterated that new park construction was a priority. The following member of the audience spoke in favor of phase one construction of the Tree Park: Karen Daurio, Tustin Mayor Pro Tem Worley stated the City would not build another park without parking; noted that the park construction timeline was on schedule; said the majority of Council favored fast -tracking Tree Park construction; and invited the public to attend the September 28, 1995 Parks and Recreation Commission meeting for discussion of the Tree Park master plan. 13. ORDINANCE NO. 1158, ZONE CHANGE 95-001 (OLEN_PROPERTY SERVICES) -65 It was moved by Dovle seconded by Thomas, that Ordinance No. 1158 have second reading by title only. Motion carried 3-0, Potts, Saltarelli absent. CITY COUNCIL MINUTES Page 6, 9-18-95 Following second reading by title only of Ordinance No. 1158 by the City Clerk, it was moved by Thomas seconded by Dom, to adopt the following Ordinance No. 1158; ORDINANCE NO. 1158 - AN ORDINANCE OF E CITYNGE 9COUNCIL 001ILA F THE ESTITY OF TUSTIN, CALIFORNIA, APPROVING ZONE AUTHORIZE A ZONE CHANGE FROM PLANNED COMMUNITY INDUSTRIAL (PC -IND) DISTRICT TO PLANNED COMMUNITY INDUSTRIAL/BUSINESS (PC-IND/BUS) DISTRICT ON THE PROPERTY LOCATED AT 1371-1431 WARNER AVENUE Motion carried 3-0, Potts, Saltarelli absent (roll call vote) 610-60 14. GENERAL PLAN AMENDMENT 94-D01, ZONE CHANGE 4AIJD4TENTATIVE , SECOND AMENDMENT TO THE EAST TUSTIN DEVELOPMENT AGREEMENT TRACT MAP 15055 (IRVINE COMPANY) It was moved by Doyle. seconded by Thomas, pursuant to Government Code Section 65857, to grant the Planning Commission an additional fourteen (14) days to review and make a recommendation to the City Council on the revised project proposal submitted by the applicant. (01'5-av Motion carried 3-0, Potts, Saltarelli absent. 15. ORDINANCE NO. 1156 - AMENDING CITY CODE SECTIONS 4616 AND 4617, NOISE CONTROL Council concurred to continue this item. 230-65 16. MAPS OF THE CITY - CAD SYSTEM Council concurred to receive and file subject report. 270-25 17. STATUS REPORT - TUSTIN TREE PARK See page 5. PUBLIC INPUT OPPOSED NOISE ORDINANCE RESTRICTIONS Will B. King spoke in opposition of leaf blower use restrictions contained in Ordinance No. 1156, noise control. OTHER BUSINESS COMMENDATION - FINANCE DEPARTMENT Councilmember Thomas commended the Finance Department for receiving a Certificate of Achievement for Excellence in Financial Reporting. RENOVATION/CODE ENFORCEMENT - SOUTHWEST AREA Councilmember Doyle noted significant progress with renovation and code enforcement of the Southwest area and that progress would inhibit gang violence such as the recent shooting in Los Angeles resulting in the death of a 3 -year old girl. COMMENDATION - STEELCASE, INC. Mayor Pro Tem Worley commended Steelcase, Inc. for implementing their own literacy program. TUSTIN LIBRARY Mayor Pro Tem Worley expressed pleasure that the Tustin library was open six days a week. COMMUNITY SERVICES DIRECTOR - MIKE HENLEY Mayor Pro Tem Worley welcomed the new Community Services Director, Mike Henley. CITY COUNCIL MINUTES Page 7, 9-18-95 ADJOURNMENT IN MEMORY OF JERRY WEIL Mayor Pro Tem Worley requested adjournment in memory of Jerry Weil, former Audit Committee Member, who passed away on September 5, 1995. WELCOMED NEW CITY CLERK, PAMELA STOKER Councilmember Thomas welcomed the new City Clerk, Pamela Stoker. COMMITTEE REPORTS - None CLOSED SESSION Mayor Pro Tem Worley announced the City Council would convene in closed session to confer with the City Attorney regarding a matter of pending litigation to which the City was a party: Michael Ryerson vs. City of Tustin, William Huston, and W.D. Franks, OCSC No. 739082. ADJOURNMENT Mayor Pro Tem Worley adjourned the meeting at 8:40 p.m. in memory of Jerry Weil. The next regular meeting of the City Council was scheduled for Monday, October 2, 1995, at 7:00 p.m. in the Council Chambers at 300 Centennial Way. JIM POTTS, dAYOR j'Ti�P7AX • Ti' cTC RK