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HomeMy WebLinkAboutCC 1 MINUTES 08-19-91MINUTES REGt MEETING OF THE CITY CODA CITY OF TUSTIN, CALIFORNIA AUGUST 5, 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 Potts. 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 Rita Westfield, Asst. Dir./Community Development Dan Fox, Senior Planner Susan Jones, Recreation Superintendent Valerie Whiteman, Chief Deputy City Clerk Approximately 20 in the audience IV. PROCLAMATION - VOLUNTEER FIREFIGHTER RECOGNITION DAY, AUGUST 17TH Mayor Puckett read and presented a proclamation to members of the Orange County Fire Department declaring August 17, 1991, as Volunteer Firefighter Recognition Day. Captain John Gardner and Chief Kevin Brame, representing the Orange County Fire Department, accepted the proclamation and thanked the Council for recognizing paid call firefighters, who represent approximately half of the Orange County Fire Department. Council was then presented with a poster depicting Orange County Fire Department services. CONTINENTAL CABLEVISION COUNCIL MEETING BROADCASTS Mayor Puckett read a letter from staff indicating Continental Cablevision had resolved transmission problems occurring during City Council meeting broadcasts. Mayor Puckett telephoned Helen Edgar, who verified the broadcast reception was clear. CITY COUNCIL MINUTES Page 2, 8-5-91 PUBLIC HEARING 1. ZONING ORDINANCE AMENDMENT 91-01 Dan Fox, Senior Planner, reported that Trail -A -Way Mobile Home Park located at 1782 Nisson Road had an existing density of 14.77 dwelling units per acre, and the maximum permitted density within the Mobilehome Park District was 10 dwelling units per acre. Due to the I-5 freeway widening, Caltrans acquired 1.53 acres of the property for relocation of the Nisson Road right-of-way, causing the remaining portion of the parcel to have a resultant density of 16 units per acre. The proposed amendment provided for the preservation and continuation of the mobile home park by allowing as many coaches as physically possible to remain in the event of right-of-way acquisition. Mayor Puckett opened the public hearing at 7:10 p.m. The following member of the audience commended staff on the professional handling of this project: Vickie Talley, Union Bank Trust Department representative, P. O. Box 109, San Diego There were no other speakers on the subject and the public hearing was closed at 7:12 p.m. It was moved by Edgar, seconded by Pontious, to adopt the following Resolution No. 91-100 certifying Negative Declaration for subject project: RESOLUTION NO. 91-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR ZONING ORDINANCE AMENDMENT 91-01 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Edgar, seconded by Pontious, that Ordinance No. 1075 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1075 by the City Clerk, it was moved by Edgar, seconded by Potts, that the following Ordinance No. 1075 be introduced: ORDINANCE NO. 1075 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 91-01, AN AMENDMENT TO MOBILE HOME PARK REQUIREMENTS, EXEMPTING CERTAIN PARCELS FROM NONCONFORMING STATUS RELATED TO DENSITY WHEN THE NONCONFORMITY IS A RESULT OF ACQUISITION OF PUBLIC RIGHTS-OF-WAY BY A PUBLIC AGENCY Motion carried 5-0. CITY COUNCIL MINUTES Page 3, 8-5-91 T. PUBLIC INPUT 1. NOISE/AIR POLLUTION - CONTRACTOR'S SITE AT PROSPECT/THIRD Helen B. Lawrence, 17421 Laurie Lane, Tustin, reported excessive noise, truck traffic and air pollution caused by construction contractor's use of the vacant lot at Prospect/Third. William Huston, City Manager, replied that staff would investigate the site. 2. ANIMAL MUTILATIONS Julie Gratian, 13061 Wreath Place, Tustin, stated her concern regarding animal mutilations in Orange County and requested increased investigation into the killings. Council/speaker discussion regarding satanic cult and coyote killings. Douglas Franks, Chief of Police, stated that all animal killings in the City were thoroughly investigated and necropsies had been performed revealing that other animals were the cause of the deaths. 3. STREET SWEEPING - ALLIANCE AVENUE Bonnie Taulaai, representing the Southwest Apartment Managers of Tustin, requested weekly street sweeping on southerly Alliance Avenue in an attempt to clean up trash accumulating on the street. Mayor Puckett replied that staff would contact her regarding implementing street sweeping. VII. CONSENT CALENDAR Items No. 6 and 9 were removed from the Consent Calendar by Councilmember Potts. It was moved by Pontious, seconded by Edgar, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - JULY 15, 1991 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 15, 1991. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,460,389.88 and ratify Payroll in the amount of $288,323.82. 3. TUSTIN LIBRARY SECOND AMENDMENT TO LEASE Recommendation: Approve the second amendment to the Tustin Library lease as recommended by the Community Development Department. CITY COUNCIL MINUTES Page 4, 8-5-91 4. REJECTION OF CLAIM NO. 91-20 - CLAIMANT, JANET ROWLANDS ; DATE OF LOSS, 3/5/91; DATE FILED WITH CITY, 5/1/91 Recommendation: Reject subject claim for property damages of an undetermined amount as recommended by the City Attorney. S. REJECTION OF CLAIM NO. 91-28 - CLAIMANT, STEVE BELLOISE; DATE OF LOSS, 3/17/91; DATE FILED WITH CITY, 6/26/91 Recommendation: Reject subject claim for personal injury damages of an undetermined amount as recommended by the City Attorney. 7. FUTURE SPORTS COMPLEX Recommendation: Refer this matter to the Parks and Recreation Commission as recommended by the Administrative Services Department. S. RESOLUTION NO. 91-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE PLACEMENT OF WATER MAINS ON WOODLAND DRIVE, ZIG ZAG WAY AND "B" STREET, FOR AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 91-101 approving plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 10. SALE OF SURPLUS VEHICLES Recommendation: Receive and file notice of sale of surplus vehicles as recommended by the Public Works Department/Field Services Division. 11. AWARD OF CONTRACT FOR CONSTRUCTION OF PARKING LOT, STORM DRAIN AND PARR IMPROVEMENTS FOR COLUMBUS TUSTIN PARR PHASE 2A Recommendation: Award a contract for construction of parking lot, storm drain and park improvements for Columbus Tustin Park Phase 2A to Valley Crest Landscape, Inc., of Santa Ana, in the amount of $612,000 as recommended by the Community Services Department. 12. TENTATIVE TRACT MAP NO. 14397 RESOLUTION NO. 91-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) 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 TENTATIVE TRACT MAP 14397 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Approve the environmental determination for the project by adopting Resolution No. 91-102; and RESOLUTION NO. 91-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 14397 Recommendation: Approve Tentative Tract Map No. 14397 by CITY COUNCIL MINUTES Page 5, 8-5-91 adopting Resolution No. 91-103 as recommended by the Community Development Department. 13. SUPPLEMENTAL BUDGET APPROPRIATION TO THE 1991-92 WATER CAPITAL IMPROVEMENT PROGRAM Recommendation: Authorize a budget appropriation to the 1991- 92 Water Service Capital Improvement Program in the amount of $220,000.00 from the Water Capital Improvement Fund for the acquisition of the Perfit Property located on the easterly side of Prospect Avenue between Main and Third Streets as recommended by the Public Works Department/Water Division. ITEM NO. 6 - BAIL SCHEDULE REVISION FOR TUSTIN CITY CODE In response to concerns raised by Ms. Taulaai, Councilmember Potts stated that one component of the Southwest Neighborhood Improvement Program included an improved bail schedule allowing certain City officials to issue citations for code violations. The establishment of the bail schedule would afford an expedient remedy of common code violations. It was moved by Potts. seconded by Edgar, to approve the Bail Schedule Revision to establish fines for certain violations of the Tustin City Code. Motion carried 5-0. ITEM NO. 9 - AWARD OF CONTRACT FOR ANNUAL PERFORMANCE OF GRAFFITI ABATEMENT SERVICES Councilmember Potts noted that the graffiti abatement service was also intended to improve conditions of the Southwest Neighborhood area. It was moved by Potts, seconded by Edgar, to award the contract for annual performance of graffiti abatement services to Graffiti Removal, Inc., of Commerce, in the amount of $15,450. Motion carried 5-0. VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. EL CAMINO REAL - DOWNTOWN PARKING SURVEY Robert Ledendecker, Director of Public Works, reported the results of the El Camino Real downtown parking survey: approximately 89 percent responded; 22 of 33 responding parties favored 4 hour parking; from the 11 opposed to parking, 3 were indifferent and the remaining 8 were businesses that had limited on-site parking and felt any additional time zone would impact their businesses. CITY COUNCIL MINUTES Page 6, 8-5-91 Councilmember Edgar stated that there were no statistics in the report indicating a serious parking problem, nor had he noticed inadequate parking on E1 Camino Real. Council/staff discussion followed regarding Assistance League parking. It was moved by Pontious, seconded by Puckett, to direct staff to install additional "Public Parking" directional signage to the parking structure on "C" Street for a three month period. Councilmember Edgar stated he was opposed to the motion because he believed a portion of E1 Camino Real could have designated parking. Motion carried 4-1, Edgar opposed. 2. SELECTION OF PLANNING COMMISSIONERS Mayor Puckett stated interviews to select Planning Commissioners were conducted prior to the meeting. The Council cast their votes for the following candidates: Alden Baker, Rex Combs, Richard Grace, Amy Greyson, Daniel J. Lueras, Peter Paul Mendel, Steven Platt, Joseph S. Soter, William Stracker, Kathy Weil, and Arthur L. Wood. The votes were cast as follows: First ballot talley: Puckett: Baker, Weil Pontious: Baker, Weil Edgar: Baker, Combs Potts: Baker, Combs Prescott: Combs, Weil Alden Baker was appointed to the Planning Commission (4 votes). Second, third and fourth ballot tallies: Puckett: Weil Pontious: Weil Edgar: Combs Potts: Combs Prescott: Abstained It was moved by Edgar, to continue this item to the August 19, 1991 meeting. Motion died for lack of a second. Fifth ballot talley: Puckett: Weil Pontious: Weil Edgar: Combs Potts: Combs Prescott: Weil CITY COUNCIL MINUTES Page 7, 8-5-91 Kathy Weil was appointed to the Planning Commission (3 votes). 3. SELECTION OF PARKS AND RECREATION COMMISSIONERS Mayor Puckett stated interviews to select Parks and Recreation Commissioners were conducted prior to the meeting. The Council cast their votes for the following candidates: Lois Carr, Chris Cormack, Tina Dearborn, John Kevin Dillon, James Kane, Steven Platt, Zipora Shifberg-Mencher, Robert Spielmann, William E. Stracker, and Margarete Thompson. The votes were cast as follows: Puckett: Carr, Kane, Stracker, Thompson Pontious: Carr, Kane, Stracker, Thompson Edgar: Carr, Kane, Stracker, Thompson Potts: Carr, Cormack, Stracker, Thompson Prescott: Carr, Cormack, Kane, Thompson Lois Carr (5 votes), James Kane (4 votes), William Stracker (4 votes), and Margarete Thompson (5 votes) were appointed to the Parks and Recreation Commission. 4. AIRPORT STATUS REPORT Christine Shingleton, Assistant City Manager, summarized activities from staff attendance at: House Subcommittee Hearing on Transportation; Coalition for Responsible Airport Solution; and Noise Abatement Committee. She also highlighted information received from the Airport Land Use Commission, and the quarterly Airport Noise Report. It was moved by Prescott. seconded by Pontious, to receive and file subject report. Motion carried 5-0. S. 1991-92 DRAFT BUDGET William Huston, City Manager, reported that the State had adopted its budget and staff could now identify the impact of the State budget on the City's general fund. He stated the only outstanding issues at the State level affecting the City's budget were the jail booking fee and property tax collection fee. It was moved by Edgar, seconded by Potts, to set August 19, 1991, as the date for a public hearing on adoption of the 1991- 92 budget. Motion carried 5-0. CITY COUNCIL MINUTES Page 8, 8-5-91 8I. NEW BUSINESS 1. DESIGNATION OF VOTING DELEGATE - LEAGUE OF CITIES ANNUAL CONFERENCE It was moved by Pontious, seconded by Prescott, to nominate Mayor Puckett as the voting representative for the League of Cities Annual Conference. Motion carried 5-0. It was moved by Pontious, seconded by Edgar, to nominate Councilmember Prescott as the voting alternate for the League of Cities Annual Conference. Motion carried 5-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JULY 221, 1991 It was moved by Pontious, seconded by Edgar, to ratify the Planning Commission Action Agenda of July 22, 1991. Councilmember Prescott questioned if Item No. 51 Conditional Use Permit 91-10, Design Review 91-07 and Amendment to Conditional Use Permit 89-25, had been appealed. Christine Shingleton, Assistant City Manager, replied that it had been appealed by the applicant. Motion carried 5-0. 2. EDINGER AVENUE/JAMBOREE ROAD GRADE SEPARATION - STATUS REPORT Councilmember Edgar questioned when Jamboree Road would be open to Barranca Parkway. Robert Ledendecker, Director of Public Works, replied the scheduled opening date was the first week of September, 1991. It was moved by Edgar, seconded by Pontious to receive and file subject report. Motion carried 5-0. XIII. PUBLIC INPUT 1. RETIREMENT - COMMANDING OFFICER., MARINE CORPS AIR STATION, TUSTIN Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, stated that Colonel Johnston, the Commanding Officer at Marine Corps Air Station, Tustin, was retiring and requested the City recognize his support of the community. CITY COUNCIL MINUTES Page 9, 8-5-91 Councilmember Potts requested a proclamation be presented to Colonel Johnston. Council concurred. XIV. OTHER BUSINESS 1. MARINE CORPS AIR STATION, TUSTIN - CLOSURE Mayor Pro Tem Pontious noted that the possibility of the City receiving the Marine Corps Air Station, Tustin, as a "gift" was questionable. 2. PARRS AND RECREATION/PLANNING COMMISSION APPLICANTS Councilmember Prescott thanked all applicants for the Parks and Recreation Commission and the Planning Commission, and stated he was pleased with the number of candidates applying for the vacancies. Mayor Pro Tem Pontious said a number of the candidates recently moved to Tustin and it was gratifying to know new residents desired involvement in the community. 3. CONTINENTAL CABLEVISION Mayor Puckett thanked Continental Cablevision for their efforts in repairing the Council meeting broadcast problems. AT. CLOSED SESSION The City Council recessed to Closed Session to confer with the City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(c) (The City Council of the City of Tustin has decided to file or is deciding whether to file litigation). RVI. ADJOURNMENT Mayor Puckett adjourned the meeting at 8:05 p.m. The next regular meeting of the City Council was scheduled for Monday, August 19, 1991, at 7:00 p.m. XVII. FOLLOWING CLOSED SESSION - NORTHWOOD V PROJECT It was moved by Pontious. seconded by Prescott, to authorize and direct the CityAttorney to file a lawsuit against the City of Irvine challenging the adequacy of the EIR for the Northwood V project. Motion carried 4-0, Potts absent. CHARLES E. PUCKETT, MAYOR MARY E. WYNN, CITY CLERK