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HomeMy WebLinkAboutCC 1 MINUTES 12-02-91MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 18, 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 Mayor Puckett. II. INVOCATION The Invocation was given by Councilmember Edgar. 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 City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manager Robert Ledendecker, Director of Public Works W. Douglas Franks, Chief of Police Dana Kasdan, Engineering Services Manager Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Susan Jones, Recreation Superintendent Gary Veeh, Water Services Manager Valerie Whiteman, Chief Deputy City Clerk Approximately 20 in the audience IV. PUBLIC HEARINGS 1. RECOVERY OF CITY COSTS FOR THE ABATEMENT OF A PUBLXC NUISANCE AT 200 EL CAMINO REAL Christine Shingleton, Assistant City Manager, reported that after numerous notifications by the City, the property owner at 200 El Camino Real failed to remove weed violations/public nuisance resulting in abatement by the City at owner expense. Mayor Puckett opened the public hearing at 7:03 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Edgar, seconded by Pontious, to adopt the following Resolution No. 91-147 confirming the schedule of costs associated with the abatement of weeds and overgrown vegetation and directing that the same constitute an assessment against subject property: RESOLUTION NO. 91-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT 200 CITY COUNCIL MINUTES Page 2, 11-18-91 EL CAMINO REAL FOR THE COST INCURRED BY THE CITY FOR THE ABATEMENT OF A WEED NUISANCE Motion carried 5-0. 2. APPEAL OF CONDITIONAL USE PERMIT 91-20 (13112 NEWPORT AVENUE #D) Christine Shingleton, Assistant City Manager, reported the Planning Commission approved on-site sale of beer and wine for on -premise consumption in conjunction with restaurant use at 13112 Newport Avenue #D; however, the City received an appeal of the Planning Commission's approval from a nearby resident. She described the restaurant location, maximum occupancy, and stated the proposal was in conformance with conditions for on-site sale. Mayor Puckett opened the public hearing at 7:05 p.m. The following members of the audience spoke in opposition to Conditional Use Permit 91-20: Sue Boatright, 275 E. 6th Street James Olson, 1101 Packers Circle, to Council) Jack Miller, 17352 Parker Drive, #107, Tustin Tustin (submitted a petition Tustin The following members of the audience spoke Conditional Use Permit 91-20: 0 in favor of William Buckner, 4300 Campus Drive #230, Newport Beach • Linda Barcelona, 12212 Woodlawn Avenue, Santa Ana (and read letter from Denise Davis) Mrs. Fumio Ogura, owner, 13112 Newport Avenue #D, Tustin There were no other speakers on the subject and the public hearing was closed at 7:25 p.m. Mayor Pro Tem Pontious stated that because the location had on- site sales previously, the limited hours of alcohol service, and was -a family operated establishment, she would favor upholding the Planning Commission approval. Councilmember Edgar stated that until similar restraints were implemented for on-site and off-site sales, he would support the Planning Commission's approval. Councilmember Potts said that since no accidents had occurred in the parking lot, and because an ABC license had been issued to the previous business at that location, he supported issuance of the permit. It was moved by Prescott. seconded by Pontious, to uphold the Planning Commission's approval of Conditional Use Permit 91-20 authorizing the on-site sale of beer and wine for consumption on premises only, by adopting the following Resolution No. 91-146: RESOLUTION NO. 91-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 91-20, AUTHORIZING ON-SITE CITY COUNCIL MINUTES Page 3, 11-18-91 SALES AND CONSUMPTION OF BEER AND WINE ONLY (TYPE 41 ABC LICENSE) IN CONJUNCTION WITH A RESTAURANT USE AT 13112 NEWPORT AVENUE #D, TUSTIN Motion carried 5-0. Councilmember Edgar requested staff submit a report on the number of City locations with on/off-site sale of alcohol. Mayor Pro Tem Pontious requested inclusion in the study of any problems associated with on/off-site sale of alcohol. Council concurred. 3. PRICING INFORMATION ON TEMPORARY BANNER (13102 NEWPORT AVENUE #106) Mayor Puckett requested this item be continued to the December 2 Council meeting. Council concurred. V. PUBLIC INPUT 1. FRANCHISE AGREEMENT - GREAT WESTERN RECLAMATION Gary Jackman, 5 Star Rubbish Company, requested the Council take advantage of the "open window" clause in the City's solid waste collection franchise with Great Western Reclamation and allow a competitive bid process. Council/staff/speaker discussion followed regarding the City's recycling agreement with Great Western Reclamation; consultant's fees; and City/County rate survey. Dolores Otting, 5 Star Rubbish, stated that the City's residents and business owners should be given an opportunity to determine City collection rates. Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin, spoke in favor of a County rate survey. Council concurred to take no action. 2. PARKING VARIANCE - LAGIER WAY Jane Anderson, 2473 Via Corella, Tustin, requested a parking variance on Lagier Way during the holidays (11/27/91 through 1/2/92) . William Huston, City Manager, responded that staff would submit a report at the December 2 Council meeting. VI. CONSENT CALENDAR Councilmember Potts removed Item No. 7 from the Consent Calendar. It was moved by Edgar. seconded by Potts, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. CITY COUNCIL MINUTES Page 4, 11-18-91 1. APPROVAL OF MINUTES - NOVEMBER 4, 1991 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 4, 1991. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $837,521.57 and ratify Payroll in the amount of $291,400.53. 3. PROJECT MANAGEMENT SERVICES FOR LAUREL GLEN PARR CONSTRUCTION Recommendation: Authorize a contract for project management services for Laurel Glen Park with Century Management, Inc. at a rate of $62.50/hr., not to exceed $12,500 as recommended by the Community Services Department. 4. VESTING TENTATIVE TRACT MAP NO. 14499 RESOLUTION NO. 91-149 - 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 VESTING TENTATIVE TRACT MAP NO. 14499 AND ALL FEAS I BLE 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. 91-149; and RESOLUTION NO. 91-148 - A RESOLUTION OF THE CITY COUNCIL OF THE - CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14499 TO CREATE TEN (10) NUMBERED AND SIX (6) LETTERED LOTS FOR AN ATTACHED CONDOMINIUM DWELLING PROJECT LOCATED ON LOTS 4, R AND S OF TRACT 13627 Recommendation: Approve Vesting Tentative Tract Map No. 14499 by adopting Resolution No. 91-148, subject to conditions contained in Exhibit A of Planning Commission Resolution No. 2965 as recommended by the Community Development Department. S. AWARD OF CONTRACT FOR LANDSCAPE IMPROVEMENTS, LAURELWOOD TOWNHOUSE FREEWAY EDGE Recommendation: Award the contract for subject project to John C. Ettlin, Inc., of San Juan Capistrano, California, in the amount of $63,773.00 as recommended by the Public Works Department/Engineering Division. 6. AWARD OF CONTRACT FOR WATER MAIN RELOCATION ON EL CAMINO WAY Recommendation: Award the contract for subject project to John T. Malloy and John T. Malloy, Inc., of Los Angeles, California, a joint venture, in the amount of $82,918.40 as recommended by the Public Works Department/Engineering Division. S. ASSET FORFEITURE APPROPRIATION Recommendation: Appropriate $448.88 from the existing Narcotics Asset Forfeiture Trust Fund to purchase a forfeited vehicle for undercover use in the Narcotics Section as recommended by the Police Department. CITY COUNCIL MINUTES Page 5, 11-18-91 -- CONSENT CALENDAR ITEM NO. 7 - AWARD OF CONTRACT FOR TRAFFIC SIGNAL INSTALLATION AND MEDIAN MODIFICATION AT TUSTIN RANCE ROAD AND AUTO CENTER DRIVE Councilmember Potts requested staff re -investigate installation of the traffic signal at Tustin Ranch Road/Auto Center Drive because he strongly believed there were other alternatives to alleviating traffic in that area. It was moved by Potts, seconded by Prescott, to continue this item for two weeks. Council/staff discussion followed regarding the Tustin Ranch Master Plan; computerized traffic signals; .ingress/egress from Auto Center Drive; and future retail development effect on traffic congestion. Motion failed 2-3, Puckett, Pontious, Edgar opposed. It was moved by Edgar, seconded by Pontious, to award the contract for subject project to F. J. Johnson, Inc., of Anaheim, California, in the amount of $88,887.00. Motion carried 5-0. VII. ORDINANCES FOR INTRODUCTION - None VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 10801 MINIMUM PROPERTY MAINTENANCE STANDARDS It was moved by Edgar, seconded by Pontious, that Ordinance No. 1080 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1080 by the City Clerk, it was moved by Pontious, seconded by Edgar, that the following Ordinance No. 108.0 be passed and adopted: ORDINANCE NO. 1080 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 5, CHAPTER 5, OF THE TUSTIN CITY CODE IN ITS ENTIRETY RELATING TO THE ESTABLISHMENT OF MINIMUM PROPERTY MAINTENANCE STANDARDS Motion carried 5-0 (roll call vote). 2. ORDINANCE NO. 1079 - GRAFFITI/SPRAY PAINT PROGRAM It was moved by Edgar, seconded by Pontious, that Ordinance No. 1079 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1079 by the City Clerk, it was moved by Pontious, seconded by Potts, that the following Ordinance No. 1079 be passed and adopted: ORDINANCE NO. 1079 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING ARTICLE 51 CHAPTER 7, TO THE TUSTIN CITY CODE ENTITLED GRAFFITI/SPRAY PAINT PROGRAM Motion carried 5-0 (roll call vote). CITY COUNCIL MINUTES Page 6, 11-18-91 -- IX. OLD BUSINESS 1. MARINE CORPS AIR STATION CLOSURE Christine Shingleton, Assistant City Manager, reported that the decision to close the Marine Corps Air Station necessitated implementing three steps to proceed with -base reuse efforts: organization, planning, and implementation. She summarized the actions necessary within each 'step process including development of an advisory task force - 2 members of the City Council, 2 members of - the Planning Commission, Tustin Chamber of Commerce representative, private sector representation, County of Orange, City of Irvine, City of Santa Ana, Marine Corps, and representatives of residential areas to the north of the base; formation of an internal policy steering committee; and preparation of a Reuse Plan. Council/staff discussion followed regarding soil contamination assessment and boundary realignment timeframe for inventory/condition of base; hazardous material identification; and deadline date for Reuse Plan. Mayor Puckett appointed himself and Councilmember Edgar to the Base Closure Task Force and Internal Policy Steering Committee, and Mayor Pro Tem Pontious as the alternate; and additionally appointed Todd Ferguson, president of the Peppertree Homeowners Association, as representative to the Base Closure Task Force. It was moved by Edgar, seconded by Pontious, to confirm the proposed Base Closure Task Force members as modified above. Motion carried 5-0. X. NEW BUSINESS 1. TRAFFIC EVALUATION STUDY - IMPACT OF CONVERTING THREE EXISTING NEIGHBORHOODS IN EAST TIISTIN TO GATED COMMUNITIES (ALMERIA, MONTEREY, MARICOPA) It was moved by Potts. seconded by Prescott, to receive and file subject report. Motion carried 5-0. 2. EAST TIISTIN HOTEL Christine Shingleton, Assistant City Manager, reported that based upon discussions with numerous hotel industry representatives, the mixed use annex site between Bryan Avenue and El Camino Real east of Tustin Ranch Road, was not a desirable market location for development of a hotel; however, The Irvine Company was prepared to commit to future development of a hotel on an alternate site in the vicinity of East Tustin. In addition, she stated The Irvine Company was prepared to commit to development of approximately 263,000 square feet of retail space on the Tustin Market Place Annex to replace the hotel and were currently negotiating with Costco and K -Mart. CITY COUNCIL MINUTES Page•7, 11-18-91 Councilmember Edgar stated the location was not a good site for a hotel and he believed it was appropriate to guarantee commitment of hotel entitlement to another site. It was moved by Edgar, seconded by Potts, to authorize the City Manager to execute a Letter of Understanding with a guarantee commitment to develop a hotel on an alternate site. Council/staff discussion followed regarding design of the center; future traffic concerns; and The Irvine Company negotiations with Costco and K -Mart. Motion carried 5-0. 3. LEGAL SERVICES It was moved by Potts, seconded by Prescott, to continue this item to a future Council meeting. Councilmember Edgar stated the amount of legal fees and costs were directly related to the demand and level of legal services required by the City and he was satisfied with the services provided by the City Attorney's office. Motion carried 5-0. XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 12, 1991 It was moved by Pontious, seconded by Edgar, to ratify the Planning Commission Action Agenda of November 12, 1991. Motion carried 5-0. 2. CONTINENTAL CABLEVISION RATE INCREASE It was moved by Edgar, seconded by Pontious, to receive and file subject report. Motion carried 5-0. 3. REQUEST FOR STOP SIGN ON YORBA STREET AT AMAGANSET WAY It was moved by Edgar, seconded by Pontious, to direct staff to prepare a warrant study for the intersection of Yorba Street and Amaganset Way. Motion carried 5-0. Council/staff discussion followed regarding the study; and the number of people requesting the stop sign. 4. INVESTMENT SCHEDULE AS OF SEPTEMBER 30j, 1991 It was moved by Edgar, seconded by Pontious, to receive and file subject report. CITY COUNCIL MINUTES Page 8, 11-18-91 Motion carried 5-0. S. WATER CONSERVATION UPDATE It was moved by Edgar, seconded by Pontious, to receive and file subject report. Motion carried 5-0. XII. PUBLIC INPUT - None III. OTHER BUSINESS I. PRIVITIZATION - CITY SERVICES Councilmember Edgar reported 21 percent of General Fund expenditures were for privatization of City services and commended staf f . 2. PARKING VARIANCE - BROWNING/BRYAN Councilmember Potts requested a parking variance for Tustin East Little League at Browning/Bryan on Saturdays during baseball season. 3. LEFT -TURN BAY - ALMERIA DEVELOPMENT Councilmember Potts requested a report on possible construction of left -turn -only bay for the Almeria housing development in Tustin Ranch. William Huston, City Manager, stated staff would submit a report at the December 2 Council meeting. 4. HAPPY THANKSGIVING Councilmember Prescott wished everyone a happy Thanksgiving. 5. TUSTIN HIGH SCHOOL FOOTBALL TEAM - SEA VIEW LEAGUE CHAMPIONS Mayor Puckett congratulated the Tustin High School football team in winning the Sea View League championship. XIV. ADJOURNMENT Mayor Puckett adjourned the meeting at 8:30 p.m. The City Council had scheduled a General Plan Workshop with the Planning Commission on November 19, 1991, 6:30 p.m., at the Tustin Area Senior Center. The next regular meeting of the City Council was scheduled for Monday, December 2, 1991, at 7:00 p.m. CHARLES E. PUCKETT, MAYOR MARY E. WYNN, CITY CLERK