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HomeMy WebLinkAboutCC 1 MINUTES 06-03-91CONSENT CALENDAR NO. 1 6-3-91 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 20, 1991 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Puckett at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilmember Edgar. II. INVOCATION The Invocation was given by Rev. Henry Sellers, First Baptist Church of Tustin. III. ROLL CALL Council Present: Charles E. Puckett, Mayor Leslie Anne Pontious, Mayor Pro Tem Richard B. Edgar Jim Potts Earl J. Prescott Council Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Rita Westfield, Asst. Dir./Comm. Development Dan Fox, Senior Planner Thomas Whisler, Building Official Valerie Whiteman, Chief Deputy City Clerk Approximately 30 in the audience PRESENTATION - TUSTIN HIGH SCHOOL GRAD KITE Ronald Hoesterey, Tustin High School Grad Nite Chairman, thanked the Council for their continued support of the Tustin High School Grad Nite Program and presented a t -shirt to the Mayor and medallions to the Council. He stated the program provided an alcohol and drug free environment for the graduates and he encouraged continued volunteer support from the City, Tustin Unified School District, students, and parents. IV. PUBLIC HEARINGS 1. PROPOSED ORANGE COUNTY FIRE DEPARTMENT FEES Thomas Whisler, Building Official, reported on the establishment - of a fee schedule for fire prevention, false alarms, and miscellaneous services provided by the Orange County Fire Department. Mayor Puckett opened the public hearing at 7: 10 p.m. There. were no speakers on the subject and the public hearing was closed. CITY COUNCIL MINUTES Page 2, 5-20-91 It was moved by Edgar, seconded by Prescott, to adopt the following Resolution No. 91-56 establishing Orange County Fire Department fees: RESOLUTION NO. 91-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, TO ENACT FEES FOR FIRE PROTECTION, FALSE ALARMS AND MISCELLANEOUS SERVICES PROVIDED BY THE ORANGE COUNTY FIRE DEPARTMENT AND TO AUTHORIZE THE COUNTY OF ORANGE TO ADMINISTER COLLECTION AND ENFORCEMENT OF CERTAIN FEES Motion carried 5-0. 2. AMENDMENT TO URGENCY ORDINANCE NO. 1045 TO INCORPORATE THE AMENDMENTS TO THE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Rita Westfield, Assistant Director of Community Development, reported on amendments to Ordinance No. 1045, which were required to maintain consistency with the Orange County Hazardous Waste Management Plan. Mayor Puckett opened the public hearing at 7:12 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Pontious, seconded by Prescott, that Ordinance No. 1070 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1070 by the City Clerk, it was moved by Edgar, seconded by Pontious, that the following Ordinance No. 1070 be introduced: ORDINANCE NO. 1070 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING URGENCY ORDINANCE NO. 1045 REGARDING CITY-WIDE INTERIM ZONING REGULATIONS FOR THE SITING OF HAZARDOUS WASTE FACILITIES TO INCORPORATE THE AMENDMENTS TO THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Motion carried 5-0. 3. APPEAL OF VARIANCE 91-02 (EL DORADO BANK) Dan Fox, Senior Planner, reported on the applicant's request to allow supplemental text on a business identification sign and to allow a wall sign on building fascia. Mayor Puckett opened the public hearing at 7:15 p.m. The following member of the audience spoke in favor of allowing the supplemental text on the business identification sign and allowing a wall sign on the building fascia: Catherine Niemann, Vice President, E1 Dorado Bank, Tustin There were no other speakers on the subject and the public hearing was closed. Councilmember Prescott stated he would abstain on this matter. CITY COUNCIL MINUTES Page 3, 5-20-91 Mayor Pro Tem Pontious stated she supported the Planning Commission decision and could not find special reasons to grant a variance. Councilmember Edgar clarified that the applicant's current sign could remain; however, if they chose to replace that sign, supplemental text would not be allowed under today's sign code. For that reason, he supported upholding the Planning Commission's decision. It was moved by Pontious, seconded by Edgar, to uphold Planning Commission Resolution No. 2893 of Variance 91-02 by adopting the following Resolution No. 91-71: RESOLUTION NO. 91-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, VARIANCE 91-02, UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY THE REQUEST TO ALLOW SUPPLEMENTAL TEXT ON A BUSINESS IDENTIFICATION SIGN AND TO PLACE A 25 SQUARE FOOT WALL SIGN ON A BUILDING FASCIA AT 17752 EAST SEVENTEENTH STREET Motion carried 4-0. Prescott abstained. V. PUBLIC INPUT 1. TUSTIN VILLAGE COMPLEX/CALTRANS EMINENT DOMAIN Thomas Krser, 15500 Tustin Village Way #49, Tustin, expressed concern that Caltrans' elimination of the Tustin Village circular driveway, due to construction of the I-5/SR-55 freeway interchange, would result in City code violations. Christine Shingleton, Assistant City Manager, stated that staff would meet with the homeowners' association and provide assistance as needed. 2. DRAINAGE EASEMENT - 13891 ORANGE AVENUE Robert Duff, 16668 Montego Way, Tustin, requested written assurance from the Council that future building permits, if needed for his property, would not be withheld by the City and, in exchange, he would grant the City a drainage easement as requested for the installation of an underground drainage area. Christine Shingleton, Assistant City Manager, replied that the Orange Street widening project was not affected by the non- conforming status of Mr. Duff's property. She stated the City did not have the ability to negotiate an easement and require a variance which would provide benefit to a property owner. --VI. CONSENT CALENDAR It was moved by Pontious, seconded by Edgar, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. CITY COUNCIL MINUTES Page 4, 5-20-91 1. APPROVAL OF MINUTES - MAY 61 1991 REGULAR MEETING Recommendation: Approve the City Council Minutes of May 6, 1991. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,184,744.05 and ratify Payroll in the amount of $292,,066.52. 3. DENIAL OF APPLICATION TO FILE LATE CLAIM - CLAIM NUMBER, 90-45; CLAIMANT, KENNETH LEE; DATE OF LOSS, 6/3/90; DATE FILED WITH CITY, 12/5/90 Recommendation: Deny subject Application to File Late Claim as recommended by the City Attorney. 4. RESOLUTION NO. 91-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CONSTRUCTION OF EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS AT VARIOUS LOCATIONS Recommendation: Adopt Resolution No. 91-72 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. S. RESOLUTION NO. 91-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR PINE TREE PARK PLAY STRUCTURE Recommendation: Accept the public improvements installed by Landscape Structures, Inc. at Pine Tree Park by adopting Resolution No. 91-69 and authorize the City Clerk to file the Notice of Completion with the County Recorder as recommended by the Community Services Department. 6. RESOLUTION NO. 91-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING CONDITION 4.E.1 OF PLANNING COMMISSION RESOLUTION NOS. 2759 AND 2884 ELIMINATING THE REQUIREMENT FOR THE INSTALLATION OF A SIDEWALK ADJACENT TO 14450 CHAMBERS ROAD Recommendation: Adopt Resolution No. 91-54 amending Condition No. 4.E.1 of Planning Commission Resolution Nos. 2759 and 2884 as directed at the May 6, 1991 City Council meeting as recommended by the Community Development Department. VII. ORDINANCE FOR INTRODUCTION 1. ORDINANCE NO. 1069 - LOITERING W. Douglas Franks, Chief of Police, reported that Ordinance No. 1069 was specifically designed to ensure that people did not loiter, gather, or stand in either public or private places after a police officer had instructed them to disperse. It was moved by Edgar, seconded by Pontious, that Ordinance No. 1069 have first reading by title only. Motion carried 5-0. CITY COUNCIL MINUTES Page 5, 5-20-91 Following first reading by title only of Ordinance No. 1069 by the City Clerk, it was moved by Edgar, seconded by Pontious, that the following Ordinance No. 1069 be introduced: ORDINANCE NO. 1069 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING MUNICIPAL CODE SECTION 6104 ENTITLED "PROHIBITION OF LOITERING SO AS TO OBSTRUCT PASSAGE" TO TITLE 6 "PUBLIC WELFARE" TO THE MUNICIPAL CODE, PROHIBITING LOITERING WHICH OBSTRUCTS THE PASSAGE OF PUBLIC RIGHTS OF WAY Motion carried 5-0. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1066 - ENFORCEMENT OF RECREATION VEHICLE PARKING It was moved by Edgar, seconded by Pontious, that Ordinance No. 1066 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1066 by the City Clerk, it was moved by Pontious, seconded by Edgar, that the following Ordinance No. 1066 be passed and adopted: ORDINANCE NO. 1066 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5330(e) AND REPEALING SECTION 5340(e) OF TITLE 5 RELATING TO THE STORAGE OF RECREATIONAL VEHICLES ON PUBLIC STREETS Motion carried 5-0 (roll call vote). 2. ORDINANCE NO. 1068 - CURFEW FOR MINORS It was moved by Pontious, seconded by Edgar, that Ordinance No. 1068 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1068 by the City Clerk, it was moved by Pontious, seconded by Edgar that the following Ordinance No. 1068 be passed and adopted: ORDINANCE NO. 1068 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 6102 OF TITLE 6 "PUBLIC WELFARE" RELATING TO A CURFEW FOR MINORS Motion carried 5-0 (roll call vote). IX. OLD BUSINESS 1. POLICE DEPARTMENT REORGANIZATION W. Douglas Franks, Chief of Police, reported on the reorganization of the Police Department and the cost analysis. Mayor Pro Tem Pontious questioned if the reorganization would accommodate future growth of the Police Department and received an affirmative response from staff. CITY COUNCIL MINUTES Page 6, 5-20-91 Councilmember Potts stated he would not oppose the reorganization, however, with the uncertainty of sales revenue he felt this type of reorganization should be implemented only for imperative reasons rather than desirable ones. It was moved by Edgar, seconded by Pontious, to adopt the following Resolution No. 91-53 amending the City of Tustin Classification Plan: RESOLUTION NO. 91-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Motion carried 5-0. 2. DECLARATION OF AN INTENTION TO CONDUCT A PUBLIC HEARING FOR A PUBLIC NUISANCE AT 1001 AND 1011 EL CAMINO REAL Rita Westfield, Assistant Director of Community Development, gave a background report on the City's efforts to pursue Code enforcement on the subject property and summarized the property's condition. Councilmember Prescott announced he would abstain on this matter. -- It was moved by Pontious, seconded by Edgar, to adopt the following Resolution No. 91-66 declaring the City's intent to hold a public hearing on June 3, 1991, for the purpose of determining whether the condition of the property located at 1001 and 1011 El Camino Real constitutes a -public nuisance pursuant to Article 5, Chapter 5 of the Tustin City Code: RESOLUTION NO. 91-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC HEARING TO DETERMINE WHETHER THE CONDITION OF THE PROPERTY LOCATED AT 1001 AND 1011 EL CAMINO REAL CONSTITUTES A PUBLIC NUISANCE TO BE ABATED The following member of the audience spoke in opposition to Resolution No. 91-66: Frank Greinke, representing Southern Counties Oil His concerns included: removal of underground pollution, development release by Orange County Health Department, and existence of asbestos in former City Hall building located on the site. Christine Shingleton, Assistant City Manager, responded that the issue of an existing public nuisance on the site, which generated numerous complaints from residents and business owners, was not related to contamination of the site or the existence of asbestos in one of the buildings. She noted, however, that the Orange County Health Department would not authorize her to issue building permits on the property until the contamination issue had been resolved. CITY COUNCIL MINUTES Page 7, 5-20-91 Mayor Pro Tem Pontious requested the Council receive status information from the Orange County Health Department at the scheduled public hearing. Christine Shingleton requested if that item could be submitted as a separate issue from the public nuisance matter and received an affirmative response from Council. William Huston, City Manager, noted problems with the condition of the site began in 1988 and this was not a new matter related to the issuance of building permits. Motion carried 4-0, Prescott abstained. 3. WATER CONSERVATION UPDATE Ronald Nault, Director of Finance, reported that to date the City had received in excess of 1,000 requests for variances pertaining to water use allocations; and that Tustin Water Corporation Board members Combs, Mulcahy and Robbins had stated they were willing to voluntarily serve as the Water Appeals Board. William Huston, City Manager, advised the Council to appoint the three members as the Water Appeals Board; and subsequent appointments could be determined once the fifth member vacancy on the Water Corporation Board was filled. Mayor Puckett was supportive of appointing those members of the Water Corporation Board who were willing to serve as the Water Appeals Board. Council/staff discussion followed regarding the requests for variances. It was moved by Edgar. seconded by Pontious, to appoint Water Corporation Board members Rex Combs, Thomas Mulcahy, and Lloyd Robbins to serve as the Water Appeals Board; and to receive and file subject report. Councilmember Prescott noted he would abstain from voting on this issue. Motion carried 4-0, Prescott abstained. Council/staff discussion followed regarding process to fill the existing vacancy on the Water Corporation Board. 4. APPEAL OF CONDITIONAL USE PERMIT 91-04 (305 EAST MAIN STREET) Dan Fox, Senior Planner, reported a modified dedication had been prepared, as directed by the City Council at their May 6th meeting, that would allow the City to maintain compliance with both the County of Orange Arterial Highway Financing Program and the County of Orange Master Plan of Arterial Highways. He summarized the proposed modified dedication and stated the CITY COUNCIL MINUTES Page 8, 5-20-91 applicant was agreeable. Councilmember Edgar expressed pleasure with the precedent that would be established with adoption of this resolution. Councilmember Prescott announced he would abstain from voting on this subject. It was moved by Potts, seconded by Pontious, to modify Planning Commission Resolution No. 2888, Condition No. 2.1(c)(2), by adopting the following Resolution No. 91-64: RESOLUTION NO. 91-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING CONDITION NO. 2.1(C) (2 ) OF PLANNING COMMISSION RESOLUTION NO. 2888 WHICH AUTHORIZED. CONDITIONAL USE PERMIT 91-04 AT THE PROPERTY LOCATED AT 305 EAST MAIN STREET Motion carried 4-0, Prescott abstained. X. NEW BUSINESS 1. FIRE FINANCIAL EQUITY STUDY William Huston, City Manager, reported that adoption of Resolution No. 91-74 would approve, in principle, the City Council's agreement to proceed with the next phase of the fire equity study, which would be to review the implementation of a fire district. All cities in the county system had agreed that greater policy and budget control could be gained by the cities through creation of a fire district. Council/staff discussion followed regarding composition of the proposed board of directors. It was moved by Potts, seconded by Prescott, to adopt the following Resolution No. 91-74 agreeing to work with the County and Fire Department contract cities in studying the feasibility of reorganizing the County Fire Department: RESOLUTION NO. 91-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AGREEING TO WORK WITH THE COUNTY OF ORANGE AND THE FIRE CONTRACT CITIES TO STUDY ALTERNATIVE ORGANIZATIONAL STRUCTURES AND FUNDING MECHANISMS FOR FIRE SERVICES Motion carried 5-0. XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - MAY 131 1991 It was moved by Pontious, seconded by Edgar, to ratify the Planning Commission Action Agenda of May 13, 1991. Motion carried 5-0. CITY COUNCIL MINUTES Page 9, 5-20-91 2. I-5/SR-55 INTERCHANGE RECONSTRUCTION, STAGE II CONSTRUCTION SCHEDULE UPDATE Councilmember Pontious encouraged the press to publish the construction timelines for the public. It was moved by Potts, seconded by Edgar, to receive and file subject report. Motion carried 5-0. XII. PUBLIC INPUT - None XIII. OTHER BUSINESS 1. ARROW TRAFFIC SIGNAL - RED HILL/EL CAMINO Councilmember Edgar requested staff investigate the issuance of a traffic ticket for failure to heed an arrow traffic signal at the intersection of Red Hill Avenue and E1 Camino Real. 2. PARKING STRUCTURE STAIRWELL/PARKING LIMITATIONS Councilmember Edgar requested staff review the two-hour parking restriction near the Assistance League on E1 Camino Real; and submit a report analyzing the cost and installation of a stairwell from the parking structure. 3. PEPPERTREE PARK - AMBULANCE PARKING Councilmember Edgar requested staff review overnight and weekend parking of ambulances at Peppertree Park and modify the parking signs accordingly. 4. BUDGET WORKSHOPS Councilmember Edgar questioned when the budget workshops would be scheduled. City Manager, William Huston, responded that setting the date and time of the budget workshop would be agendized on June 3, 1991. S. RUN FOR THE FAMILY 5/10K - MAY 18, 1991 Councilmember Potts reported on his participation in the Run for the Family 5/10K held on May 18th and commended staff on a well - organized event. Mayor Puckett stated it had been an honor for him to start the race and he enjoyed participating. 6. ELECTION DAY - MAY 14, 1991 Councilmember Prescott commended those who voted and how they voted on May 14, 1991. CITY COUNCIL MINUTES Page 10, 5-20-91 7. CHILI COOK -OFF - JUNE 2, 1991 Councilmember Prescott reminded everyone the Chili Cook -off would be held on June 2, 1991. S. ORANGE COUNTY VICTORY PARADE - MAY 18, 1991 Mayor Puckett reported on his attendance at the Orange County Victory Parade on May 18, 1991. XIV. CLOSED SESSION Mayor Puckett announced the City Council would recess to Closed Session pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with the owner of the property concerning the purchase/sale/exchange/lease of the property located at Vandenberg Lane and the Orange County Flood Control District Channel. XV. ADJOURNMENT Mayor Puckett adjourned the City Council meeting at 8:20 p.m. He announced the City Council had scheduled a joint dinner meeting with the Tustin Unified School District Board of Education on May 23, 19910, at 7:00 p.m., at the Tustin Area Senior Center, and the next regular -- meeting of the City Council was scheduled for Monday, June 3, 1991 at 7:00 p.m. CHARLES E. PUCKETT, MAYOR MARY E. WYNN, CITY CLERK