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HomeMy WebLinkAboutCC 1 MINUTES 05-21-90I. II. IV. V. Z. JTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MAY 21, 1990 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Pro Tem Puckett. INVOCATION The Invocation was given by Kevin Kragenbrink, Pastor of Hope Christian Church. ROLL CALL Council Present: Richard B. Edgar, Mayor Charles E. Puckett, Mayor Pro Tem Leslie Pontious 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, Dir./Community Development W. Douglas Franks, Chief of Police Dana Kasdan, Engineering Services Manager Susan Jones, Recreation Superintendent Rita Westfield, Asst. Dir./Comm. Development Dan Fox, Senior Planner Susan Tebo, Senior Planner Melissa O'Neal, Recreation Supervisor Valerie Whiteman, Chief Deputy City Clerk Approximately 80 in the audience PROCLAMATIONS 1. THE SHEEPFOLD Mayor Edgar read and presented a proclamation to The Sheepfold honoring their recent Disneyland Community Service Award for a project specifically designed to solve the problems and needs of the economically disadvantaged. Fran Lundquist, Director of The Sheepfold, stated Tustin was a compassionate City and she expressed appreciation to the citizens, Planning Commission and City Council. 2. ASSESSMENT TREATMENT SERVICES CENTER Mayor Edgar read and presented a proclamation to the Assessment Treatment Services Center in recognition of their Disneyland Community Services Award for a project designed to assist children and teenagers in their mental, physical and character development. Todd Nicholson, Director of Assessment Treatment Services Center, voiced his appreciation and stated the City, through referrals from Tustin Police Department and Tustin Unified School District, was ATSC's greatest supporter. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION ON CONDITIONAL USE PERMIT 90-1 (CARL KARCHER ENTERPRISES/14041 NEWPORT AVENUE) Susan Tebo, Senior Planner, reported that Carl's Jr. was appealing a Planning Commission approval of a 24 foot high, 50 square foot freeway pole sign because the applicant felt the sign was not tall enough and requested a 35 foot high, 72 square foot sign. She gave an overview of the history of signage approvals for the project and stated the reasons for the Planning Commission's decision were based on visibility, tree/shrubbery trimming, safety, sign ordinance conformance and setting CITY COUNCIL MINUTES Page 2, 5-21-90 precedent contrary to planned City freeway image. She displayed exhibits comparing the 24 foot versus 35 foot signs and surrounding shrubbery. Following a brief Council/staff question -and -answer period, Mayor Edgar opened the Public Hearing at 7:18 p.m. The following members of the audience spoke in opposition to the Planning Commission's approval of a 24 foot sign: John Baker, Carl Karcher Enterprises Lorenzo Reyes, Carl Karcher Enterprises Paul Mitchell, Carl Karcher Enterprises Michael Ralston, 14721 Livingston Rd., Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:40 p.m. Councilmember Pontious noted she had reviewed all pertinent material and had been a Planning Commissioner when Carl Karcher Enterprises made their initial request. She agreed with the Planning Commissioners' concerns, and the shrubbery in question would be removed eventually and therefore would not set a precedent. She felt the Commission had thoroughly reviewed all aspects of the project and she agreed with their decision. Mayor Pro Tem Puckett stated that, as a former Planning Commissioner, he was aware of the care and study the Commission expended when working on an issue such as this one. He noted that a southbound automobile would have an opportunity to exit at Red Hill Avenue and access Carl's Jr. via Newport Avenue and if a car proceeding northbound saw the sign too late to exit, they would have no choice but to bypass Carl's Jr. He thought Carl Karcher would be successful at that location and, given the information he had, he agreed with staff's recommendation for a 24 foot sign. Councilmember Prescott said a freeway section map in the staff report indicated that the freeway was actually higher than the top of the sign. He did not know how anyone could see a 24 foot sign and was supportive of the appeal. Councilmember Potts stated if Carl's Jr. agreed to not trim the trees, because he felt the trees were important for noise and pollution barriers, he would be willing to compromise to a 35 foot, 50 square foot sign within two years when the landscaping was removed. Mayor Edgar noted that visibility for Carl's Jr. was critical and that the shrubbery had a distinct probability of removal when the freeway was completed. He wanted a condition as part of the Use Permit allowing the 35 foot sign but upon completion of the Caltrans modification, the City would then re-evaluate the visibility factor of the sign and mandate a reduced level to 24 foot high if warranted. Christine Shingleton, Director of Community Development, informed Council there may be State law provisions relating to the City's ability to require removal or alteration of a sign once that sign was in place. Whether it was a condition imposed on a Conditional Use Permit sign or not, requesting alterations may place full financial responsibility on the City. She requested a review of the matter by the City Attorney and staff would provide Council with a recommendation accordingly. Council/staff discussion followed regarding legal ramifications of the State provision. It was moved by Edgar, seconded by Prescott, to approve a Resolution changing the height from 24 feet to 35 feet with the condition that the height be re-evaluated upon the completion of the Caltrans freeway improvements and that Council receive an CITY COUNCIL MINUTES Page 3, 5-21-90 affirmative opinion from the City Attorney eliminating all City financial obligations; and if it was determined there could be City financial obligations, the motion was null. Councilmember Potts clarified that the size of the sign would remain at 50 square feet. Motion carried 3-2, Puckett and Pontious opposed. Christine Shingleton requested that a modified Resolution with conditions of approval be submitted for Council action if the legal opinion regarding financial obligation was favorable. VI. PUBLIC INPUT 1. FIRE SPRINKLER SYSTEMS IN APARTMENT BUILDINGS Frank Kazurksi, 16561 Alliance Street, Tustin, reported on a recent Tustin apartment dwelling fire that resulted in loss of life and he requested the Council consider adopting an ordinance mandating fire sprinklers in apartment buildings. Joseph De La Riva, 13391 Epping Way, Tustin, whose son, Jimmy, died as a result of their apartment fire on May 11, 1990, asked the Council to pass an ordinance and use their power to save lives. Bob Hennessey, Assistant Chief, Orange County Fire Department, said he was available for questions from the Council. Council concurred to agendize the matter for the June 18, 1990 Council meeting and directed staff to survey other cities, investigate mandatory smoke detectors and smoke detectors directly connected to the Fire Department. 2. COSMOPOLITAN APARTMENTS/SOUTHWEST PORTION OF CITY - UNLAWFUL ACTIVITIES, UNSAFE AREAS, DETERIORATION OF PROPERTY David Severson, 14581 Emerywood Rd., Tustin, read a memo he received from a neighbor addressed to Tustin Unified School District personnel cautioning them, for their safety, to visit the Cosmopolitan Apartments only with an escort. He requested action from the Council to eliminate unlawful and unsafe activities in the area and surrounding schools. Rex Combs, 1642 Roanoke, Tustin, submitted and read a letter to the Council from the Tustin Meadows Community Association regarding population density in the southwest portion of the City, deterioration of property in the area, apartment overcrowding, drug/gang activity, health and safety problems, increased traffic and decreased property values. The Association requested the Council initiate an ordinance to limit the number of persons living in apartment units and requested a high priority be placed on solving the area problems. Councilmember Pontious noted that the Council anticipated a report from staff in 60 days regarding problems in the southwest portion of the City. VII. CONSENT CALENDAR Item No. 8 was removed from the Consent Calendar by a member of the audience. It was moved by -Puckett, seconded by Potts, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVED MINUTES - MAY 71 1990, REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $4,279,370.51 RATIFIED PAYROLL IN THE AMOUNT OF $479,247.31 CITY COUNCIL MINUTES Page 4, 5-21-90 3. RESOLUTION NO. 90-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE APPLICATIONS FOR FUNDING UNDER STATE/LOCAL TRANSPORTATION PARTNERSHIP�PROGRAM PROJECTS Adopted Resolution No. 90-56 authorizing the Director of Public Works/City Engineer to execute applications for funding under the state/local transportation partnership program. 4. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NOS. 12732, 12868 AND 13044 Accepted all public improvements within Tract Nos. 12732, 12868 and 13044 and authorized the release of all Faithful Performance, Labor and Materials, and Monumentation Bonds related to subject tracts. S. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 12763 Accepted all public improvements within Tract No. 12763 and authorized the release of all Faithful Performance, Labor and Materials, and Monumentation Bonds related to subject tract. 6. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR PARCEL MAP NO. 84-1032 Accepted all public improvements within Parcel Map No. 84- 1032 and authorized the release of all Faithful Performance, Labor and Materials, Monumentation, and Subdivision Warranty Bonds related to subject parcel. 7. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR PARCEL MAP NO. 87-201 Accepted all public improvements within Parcel Map No. 87-201 and authorized the release of all Faithful Performance, Labor and Materials, and Monumentation Bonds related to subject parcel. 9. UNIFORM RENTAL AND LAUNDRY SERVICE CONTRACT Authorized the renewal of the Uniform Rental and Laundry Service contract with Mission Uniform and Linen Service and that the contract be amended to reflect an increase, not to exceed the current annual Consumer Price Index, as published by the U.S. Department of Labor, Bureau of Labor Statistics, and the approximate number of uniforms presently needed. 10. PROFESSIONAL SERVICES AGREEMENT FOR FINAL DESIGN OF TUSTIN RANCH ROAD (WALNUT AVENUE TO EDINGER AVENUE) Approved a professional services agreement with Moffat & Nichol, Engineers, for the final design of Tustin Ranch Road (Walnut Avenue to Edinger Avenue) in the amount of $496,292.00, authorized execution of the agreement by the -- Mayor and City Clerk, and authorized a supplemental 1989-90 budget appropriation in the capital improvement program in the amount of $132,741.00 to cover preliminary and final engineering design costs. 11. EAST TUSTIN DEVELOPMENT MONITORING AND ANNUAL REVIEW REPORT FOR 1988-89 REVIEW PERIOD Received and filed subject report. 12. RESOLUTION NO. 90-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13902 Approved Final Tract Map No. 13902 by adoption of Resolution No. 90-55. 13. AWARD OF CONTRACT FOR WATER MAIN RELOCATION ON EL CAMINO REAL, NISSON ROAD AND RED HILL AVENUE Awarded the contract for subject project to Colich & Sons (JV) of Gardena,. California, in the amount of $350,395.00 and authorized the transfer of $55, 500.00 from the budgeted amount for the Bikini, Saigon and Lindale east of Hewes, water main replacement project, to the subject project. CITY COUNCIL MINUTES Page 5, 5-21-90 14. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT BIKINI PLACE, SAIGON LANE AND LINDALE LANE Awarded the contract for subject project to Inc. of Anaheim, California, in the amount ON HEWES AVENUE, RLT Construction, of $94,680.00. 15. RESOLUTION NO. 90-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR INSTALLATION OF 45 MIL HYPALON LINING AND STRUCTURAL IMPROVEMENTS AT FOOTHILL RESERVOIR Adopted Resolution No. 90-57 accepting said work and authorizing the recordation of the Notice of Completion. 16. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS AT NINE INTERSECTION LOCATIONS (IRVINE/HOLT, IRVINE/PROSPECT, IRVINE/RED HILL, NEWPORT/HOLT, NEWPORT/MAIN, RED HILL/SYCAMORE, JAMBOREE/BRYAN, JAMBOREE/EL CAMINO, AND HOLT/IRVINE/NEWPORT) Awarded the contract for subject project to Signal Maintenance, Inc. in the amount of $219,486.00. 17. RESOLUTION NO. 90-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE CONDITIONS AT THE PROPERTY LOCATED AT 140 NORTH "A" STREET CONSTITUTE A PUBLIC NUISANCE Adopted Resolution No. 90-54 declaring the City's intent to hold a Public Hearing on June 18, 1990, for the purpose of ascertaining whether the conditions on the property located at 140 North "A" Street constitute a public nuisance pursuant to Section 5501 et seq of the Municipal Code. CONSENT CALENDAR ITEM NO 8 - RESOLUTION NO. 90-58 Bill Bangert, representing Foothill Community Association, requested clarification of improvements of the Lower Peters Canyon Retarding Basin and questioned status of ingress/egress to the basin area, parking structure, police control of area and hours of public access. William Huston, City Manager, explained that this Resolution only pertained to a flood control channel that became, upon adoption of Resolution No. 90-58, the jurisdiction of the County Flood Control District and was not a City recreational facility. It was moved by Pontious, seconded by Potts, to adopt the following Resolution No. 90-58 accepting the public improvements within the Lower Peters Canyon Retarding Basin Facility and authorizing the recordation of the Notice of Completion for said improvements: RESOLUTION NO. 90-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY - OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR ASSESSMENT DISTRICT 86-2 IMPROVEMENTS ON THE LOWER PETERS CANYON RETARDING BASIN FACILITY Motion carried 5-0. VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1046 - NEWSRACKS REGULATION It was moved by Puckett, seconded by Potts, that Ordinance No. 1046 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1046 by the City Clerk, it was moved by Puckett, seconded by Pontious, that the following Ordinance No. 1046 be passed and adopted: ORDINANCE NO. 1046 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE REGARDING THE REGULATION OF NEWSRACKS Motion carried 4-1, Prescott opposed (roll call vote). CITY COUNCIL MINUTES Page 6, 5-21-90. .... OLD BUSINESS 1. REQUEST FOR FEE REDUCTION - THOMPSON HOUSE RELOCATION Mayor Edgar explained that this matter related to the moving of the Thompson residence and tree trimming and/or removal costs that were incurred during the relocation of the house. Mr. Thompson had submitted an analysis contending that some of the trees, because of their condition, would have been trimmed by the City in the future and he requested the City share in the relocation expense. The following member of the audience spoke regarding the City's share of his residence relocation costs: Jeff Thompson, 405 West 6th Street, Tustin Mayor Pro Tem Puckett was not supportive of paying the full amount of $2,756.94 requested by Mr. Thompson and suggested that of the total cost of $5,804.62, the City pay $1,804.62 with the remaining $4,000.00 to be paid by Mr. Thompson. Mayor/City Attorney discussion followed regarding benefit received by the City and appropriation of public funds. Mayor Edgar said the ficus trees were troublesome, would require eventual removal, and should not have been planted originally. Councilmember Pontious felt the previous City Council had committed, on March 29, 1990, to no expenditure of public funds for the Thompson home relocation and she would honor that commitment. Councilmember Potts agreed because there were residents who opposed the cutting of their trees and he did not want those residents to use their tax dollars for payment of the tree trimming. Councilmember Prescott stated the cost of removing the ficus trees was a City expense because they were scheduled for future removal. It was moved by Puckett, seconded by Prescott, to approve an expenditure of $1804.62 as the City's share of the Thompson residence relocation expenses. Motion carried 3-2, Pontious and Potts opposed. The following member of the audience expressed her pleasure at viewing the moving of the Thompson home: Helen Edgar, 13622 Loretta Drive, Tustin 1. COMMISSION APPOINTMENTS AND VACANCIES Mayor Edgar suggested that the Council conduct public interviews of Planning Commission candidates and appoint a Commissioner on June 4, 1990 to fill the current vacancy; and the remaining Commissioners complete their terms which would expire on the third Monday in February, 1991. Council concurred. It was moved by Pontious, seconded by Prescott, to reappoint the Parks and Recreation Commissioners whose terms had expired on February 19, 1990. Motion carried 5-0. The following Planning Commissioner candidate informed the Council of his unavailability on June 4, 1990: Rex Combs, 1642 Roanoke, Tustin CITY COUNCIL MINUTES Page 7, 5-21-90 2. FEEDBACK FOUNDATION EMERGENCY FUNDS William Huston, City Manager, reported staff recommended approval of Alternative No. 1 in the staff report which allocated $3,400 for direct costs to operate the program through June, whereas the $6,000 requested by the Feedback Foundation (Alternative No. 2) had no bearing on the actual cost for providing services. Mayor Edgar explained that the Feedback Foundation provided nutritious meals at a low cost to senior citizens and the Foundation's financial planning had been inadequate resulting in a lack of necessary funding to operate their excellent program. He suggested the Council action include a recommendation to the Feedback Foundation Board of Directors to redesign their financial plan. It was moved by Puckett, seconded by Pontious, to provide "actual -cost" funding to the Feedback Foundation for nutrition services for June 1990 in the amount of $3,400 with the condition that adequate monetary safeguards be implemented at the Board of Director's level. Motion carried 5-0. Mayor Edgar requested staff investigate and report to Council the cost of providing Meals on Wheels support for Tustin residents. 3. RESOLUTION NO. 90-53, VOLUNTARY WATER CONSERVATION William Huston, City Manager, reported that the Metropolitan Water District was concerned that a perception existed in Orange County that there was not a water shortage and staff recommended adoption of Resolution No. 90-53 approving voluntary water conservation. Councilmember Pontious commended staff on the report and accompanying materials that would hopefully encourage residents to participate in voluntary water conservation and she requested a periodic report on water usage by area. It was moved by Pontious, seconded by Puckett, to adopt the following Resolution No. 90-53 approving a Voluntary Water Conservation Program reducing water consumption by ten (10) percent and authorized staff to publish the press release: RESOLUTION NO. 90-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A VOLUNTARY WATER CONSERVATION PROGRAM REDUCING WATER CONSUMPTION BY TEN (10) PERCENT Motion carried 5-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - MAY 14, 1990 It was moved by Potts, seconded by Pontious, to ratify the Planning Commission Action Agenda of May 14, 1990. Motion carried,5-0. XIII. PUBLIC INPUT 1. NEWSRACKS REGULATION ORDINANCE NO. 1046 Susie Conner read a letter from Denise Frankart opposing the vending of pornographic material on public streets and requested the issue be placed on the ballot. Mayor Edgar clarified that, as elected officials, the Council was required to make decisions using their best judgement and they were not elected with a caveat that specific items be submitted to the voters. He stated Ordinance No. 1046 was not without flaws but would provide for significant expensive barriers to anyone CITY COUNCIL MINUTES Page 8, 5-21-90 participating in the vending of pornography and proof existed from other cities that this had been a notable deterrent. Councilmember Potts stated he had personal knowledge of the City of Irvine ordinance, which was similar to Ordinance No. 1046, and Irvine did not currently have a problem with newsracks. Helen Edgar, 13622 Loretta Drive, expressed her opposition to Ordinance No. 1046. XIV. , OTHER BUSINESS 1. RESIDENCY OF TUSTIN UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION Councilmember Potts commented that the entire Tustin Unified School District Board of Education resided in North Tustin. He urged citizens to become involved in the next election and acquire City of Tustin representation on the school board. 2. ASSISTANCE FOR RESIDENTS OF 104 NORTH "All STREET Councilmember Prescott requested staff contact service organizations within the City to assist the residents of 140 North A Street (Consent Calendar Item. No. 17). 3. COMMENDATIONS TO NEW COUNCIL Zapora Shifberg-Mencher commended the new Council for the professional manner in which they disagreed. XV. CLOSED SESSION Mayor Edgar announced the City Council would recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957; and pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with Gerald Misurek concerning the purchase/sale/exchange/lease of property located at a portion of parcel 2 of Parcel Map No. 89-179 located northerly of Vandenberg Lane between Prospect Avenue and Enderle Center Way. XVI. ADJOURNMENT At 9:00 p.m., the meeting recessed to the Redevelopment Agency and to the above Closed Session; and then adjourned to a Budget Workshop on June 4, 1990, at 5:00 p.m. and to the next Regular Meeting on June 41 1990, at 7:00 p.m. Mayor Edgar noted the Budget Workshop was open to the public and he encouraged interested residents to participate. MAYOR CITY CLERK