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HomeMy WebLinkAboutCC 1 MINUTES 06-18-90`INUTES OF A REGULAR MEETT` JF THE CITY COUNCIL OF T1 CITY OF TUSTIN, CALIFORNIA JUNE 41 1990 I. 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 Councilmember Potts. II. INVOCATION The Invocation was given by Chaplain Charles Brown of the Marine Corps Air Station. III. 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 Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Susan Jones, Recreation Superintendent Susan Tebo, Senior Planner Steve Rubin, Associate Planner Beth Schoemann, Associate Planner Valerie Whiteman, Chief Deputy City Clerk Jennifer Raue, Administrative Assistant Approximately 90 in the audience IV. PROCLAMATIONS 1. 1989 MISS TUSTIN - CATHERINE MARIE REYNOLDS 1990 MISS TUSTIN INTRODUCTION - REBECCA FUHRMAN Mayor Edgar read and presented a proclamation to Catherine Reynolds in recognition of her service to the community during her reign as Miss Tustin, 1989. Cathy Reynolds stated it had been a privilege and an honor to represent the City. Donna Gilger, Executive Director of the Miss Tustin Scholarship Beauty Pageant, introduced the 1990 Miss Tustin, Rebecca Fuhrman. Rebecca Fuhrman said she was honored to be chosen as Miss Tustin and looked forward to participating in City events. 2. PARTNERS IN EDUCATION - TUSTIN POLICE DEPARTMENT AND TUSTIN UNIFIED SCHOOL DISTRICT Mayor Edgar read and presented proclamations to Nancy Diaz -Miller and Sgt. Steve Lewis acknowledging a unique partnership between the Tustin Police Department and Tustin Unified School District which implemented programs in the schools and community to provide safe school environments. Nancy Diaz -Miller, representing the Tustin Unified School District, thanked the City Council, Chief Franks, Steve Lewis and Nancy Rizzo for their continued support and encouraged the City and the school district to consider future community needs. Sgt. Steve Lewis, representing the Tustin Police Department, thanked everyone for the recognition and Nancy Diaz -Miller for their enjoyable, productive partnership. CITY COUNCIL MINUTES Page 2, 6-4-90 _0BLIC INPUT TUSTIN HIGH SCHOOL GRAD NITE PROGRAM Tom Aufdemberg, Chairman of Tustin High School Grad Nite Committee, requested City financial assistance for their program. Council concurred to agendize the issue at their June 18, 1990 Council meeting. V. CLOSED SESSION At 7:10 p.m, Mayor Edgar announced the City Council would recess to Closed Session to confer with the City Attorney regarding threatened litigation pursuant to Government Code Section 54956.9 (b)(1). (In the reasonable opinion of the City Council, based on an existing set of specific facts and circumstances, the threat of litigation against the City is likely or would be likely if discussed in an open and public meeting). The meeting reconvened at 7:30 p.m. VI. PUBLIC HEARING 1. APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 90-08 (15642 PASADENA AVENUE) Steve Rubin, Associate Planner, reported on the permit background of the project to build an 11 -unit apartment complex measuring 2-1/2 stories in height on Pasadena Avenue and noted that a Conditional Use Permit was required because the structure, located in an R-3 zone, was greater than 20 feet in height or 1 story and was within 150 feet of an R-1 (single family residential) zone. It was discovered, after receiving complaints from residents and reviewing the mailing list used for notification of the project's public hearing, that the property owners of the single family homes had not been included on the mailing list and, therefore, had not received a public hearing notice. The City Attorney had then determined that the original Conditional Use Permit (CUP) was invalid, the building permits were revoked, and construction was halted. The applicant submitted a new accurate mailing list and a second public hearing was scheduled in April, 1990. In response to public testimony received on April 9, the Planning Commission directed the applicant to modify the project in an attempt to address concerns raised by the residents, which were: lack of conformity with surrounding area, impact upon privacy, shade/shadow conditions, inadequate parking, traffic hazards, decreased property values, light/glare shielding, precedent setting for similar projects within the area and redesign to one-story level. Modifications proposed by the applicant included elimination of a corner bedroom from the end unit of each building, altered roof design, use of obscure glass and window blinders. Several alternatives available to the City Council were outlined: (1) Uphold the Planning Commission's decision and deny CUP 90-08, (2) Approve CUP 90-08 based upon modifications proposed by the applicant, or ( 3 ) Direct the applicant to further revise the project and return the matter to the Planning Commission. Mayor Edgar opened the Public Hearing at 7:45 p.m. The following member of the audience spoke in favor of approving Conditional Use Permit No. 90-08: Joel Ward, attorney representing the applicant, Feridoun Rezai The following members of the audience spoke in opposition to approving Conditional Use Permit 90-08: Kathleen L. Arnold, 15631 Myrtle Avenue, Tustin Paul Zukowsky, 15641 Myrtle Avenue, Tustin Sandra Zukowsky, 15641 Myrtle Avenue, Tustin Linda Turner, 17252 Medallion, Tustin CITY COUNCIL MINUTES Page 3, 6-4-90 Kathleen M. Arnold, 15631 Myrtle Avenue, Tustin from 15702 Myrtle Avenue resident) Lakonda Mitchell, 15621 Myrtle Avenue, Tustin David Weresby, 15662 Myrtle Avenue, Tustin William McQue, 15641 Pacific Street, Tustin Dean Karels, 17191 Corla Avenue, Tustin John Landolfi, 15611 Myrtle Avenue, Tustin Mary O'Rourke, 15632 Myrtle Avenue, Tustin Cindy Williamson, 15711 Pacific Street, Tustin Lisa Macknimee, 15671 California Street, Tustin Joe Turner, 17252 Medallion, Tustin (read letter There were no other speakers on the subject and the Public Hearing was closed at 8:45 p.m. Mayor Edgar stated an injustice had occurred to both the residents and the applicant; a legitimate Use Permit had been issued to the developer but without proper notification to the residents. He suggested the residents and applicant meet and attempt to reach a mutually agreeable compromise. If the Council ruled in either direction, the end result would be lawsuits on both sides involving extensive legal fees. He felt it would be more beneficial to find a common ground rather than force the issue into court. Councilmember Pontious also hoped more could be done to find a common ground. She was particularly concerned about the issue of privacy and wanted the applicant to be aware that should this issue not be resolved, her inclination would be toward a more conservative side than the mitigating measures he had proposed. Mayor Pro Tem Puckett stated he had visited the project and agreed with the residents that the project did not conform to the community and was a monstrosity. It was evident to him that if all residents had been noticed, the Use Permit would not have been granted. He opposed setting a precedent by allowing a 2-1/2 story building in that area and suggested reducing the mass toward the rear of the lot. If that was not possible, he would support the Planning Commission's decision. He, however, agreed that the residents should meet with the developer and attempt to reach a compromise that was acceptable to everyone. Councilmember Potts said it did not matter if shadows covered property or property values were decreased, what mattered was the developer failed to notify seventeen residents and that was deceit. He was not willing to compromise on the matter and wanted to proceed accordingly. Councilmember Prescott agreed with the Planning Commission's decision and intended to support the denial. It was moved by Prescott, seconded by Potts, to uphold the Planning Commission's decision and deny Conditional Use Permit 90-08. Motion failed 2-3, Edgar, Puckett and Pontious opposed. It was moved by Edgar, seconded by Puckett, that the Public Hearing be continued until the June 18, 1990 Council meeting; and as a condition of that continuance, a meeting to reach a compromise solution be held on June 7, 1990, at 7:00 p.m., between the applicant, residents, City Attorney and staff. Motion carried 5-0. VII. PUBLIC INPUT 1. UNSATISFACTORY REMOVAL OF GRAFFITI (CORLA AVENUE AREA) Dean Karels, 17191 Corla Avenue, reported graffiti in his neighborhood had been unsatisfactorily removed by City maintenance crews. Mayor Edgar directed staff to investigate. CITY COUNCIL MINUTES Page 4, 6-4-90 III. CONSENT CALENDAR It .was moved by Puckett, seconded by Pontious, to approve the Consent Calendar. Motion carried 5-0. 1.1 APPROVED MINUTES - MAY 21, 1990, REGULAR MEETING 2. APPROVED DEMANDS IN THE AMOUNT OF $1,055,196.75 RATIFIED PAYROLL IN THE AMOUNT OF $252,117.68 3.-.' SERVICES AGREEMENT WITH COAST COMMUNITY_COLLEGE DISTRICT Approved the Inter -agency Services Agreement between the Coast Community College District and the. City of Tustin Police Department. 4. RESOLUTION NO. 90-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL PARCEL MAP 88-316 Approved Final Parcel Map 88-316 by adoption of Resolution No. 90-60. 5. AUTHORIZATION TO PURCHASE 3/4 TON PICK-UP TRUCK Authorized staff to purchase a 3/4 ton pick-up truck from Fuller Ford in Chula Vista, California, in the amount of $14,708.81. 6. RESOLUTION NO. 90-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NOS. 13701 AND 13990 Approved Final Tract Map Nos. 13701 and 13990 by adoption of Resolution No. 90-59. 7. RESOLUTION NO. 90-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR STREET WIDENING AND TRAFFIC SIGNAL IMPROVEMENTS AT THE NORTHEAST CORNER OF RED HILL AND WALNUT AVENUES (AHFP #1218) Adopted Resolution No. 90-62 accepting said work and authorizing the recordation of the Notice of Completion. 8. RESOLUTION NO. 90-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE REPLACEMENT OF WATER MAINS ON MALTA STREET, VALE AVENUE, HEWES AVENUE AND "C" STREET, AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 90-64 approving plans and specifications for subject project and directing the City Clerk to advertise for bids. 9. RESOLUTION NO. 90-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE REPLACEMENT OF WATER MAINS ON PROSPECT AVENUE, GARLAND AVENUE, WREATH PLACE AND CHAPLET PLACE, AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 90-63 approving plans and specifications for subject project and directing the City Clerk to advertise for bids. 10. AUTHORIZATION TO PURCHASE RIDING MOWER AND TRAILER Authorized staff to purchase a riding lawnmower and trailer from Lawnmowers Plus, San Marcos, California, in the amount of $10,406.44. IX. ORDINANCES FOR INTRODUCTION - None X. ORDINANCES FOR ADOPTION - None XI. OLD BUSINESS 1. CARL'S JR. POLE SIGN It was moved by Puckett, seconded by Pontious, to continue this item to allow the City Attorney adequate opportunity to study the matter further. CITY COUNCIL MINUTES Page 5, 6-4-90 The following member of the audience requested that the City Attorney and Carl Karcher legal representatives be allowed to meet and reach language agreement: John Baker, representing Carl Karcher Enterprises As a substitute motion, it was moved by Edgar, seconded by Prescott, to authorize the attorneys for the City and Carl Karcher Enterprises to confer on the required language. Substitute motion carried 5-0. 2. PLANNING COMMISSION APPOINTMENT Council concurred to conduct interviews of Planning Commission candidates on June 18, 1990, at 6:30 p.m. and appoint a Planning Commissioner during the regular meeting on that date. XII. NEW BUSINESS 1. RENT CONTROL FOR TRAIL -A -WAY MOBILE HOME PARR The following members of the audience spoke in favor of rent control at Trail -a -Way mobile home park and expressed concern _ with conditions at the park such as excessive rent increases, disrepair, inability to attract buyers, and utility costs: Genelle Bierman, 1782 Nisson Rd. #31, Tustin Eleanor Robinson, 1782 Nisson Rd., Tustin The following members of the audience spoke in opposition to rent control: Vickie Talley, Executive Director of Manufactured Housing Educational Trust Brandon Rosenberg Council/speaker discussion followed regarding qualifications for Government Section 8 rental subsidy program, and resources available through Mobile Home Rental Assistance Program and City staff. Councilmember Prescott requested staff provide assistance information to the Trail -A -Way residents who spoke. Mayor Edgar said the concept of rent control had not succeeded and was not in concert with the American concept of free enterprise. To implement rent control to provide for the needs of the elderly or handicapped was an overkill. He was, however, pleased to learn that the Orange County Mobile Home Rental Assistance Program would subsidize those in need until governmental housing assistance was received. Mayor Pro Tem Puckett added he was also opposed to rent control but wanted the Trail -A -Way residents to learn what alternatives were available to them. Councilmember Pontious felt strongly that rent control had long- term, negative impacts and was an ineffective short-term solution. She encouraged the Trail -A -Way residents to work with the Manufactured Housing Educational Trust and City staff to resolve their problems. XIII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - MAY 29, 1990 Councilmember Prescott requested the record reflect his "no" vote on Item No. 8 (Appeal of Design Review 90-17). It was moved by Pontious, seconded by Puckett, to ratify the Planning Commission Action Agenda of May 29, 1990. Motion carried 5-0. CITY COUNCIL MINUTES Page 6, 6-4-90 2. AB 939 STATUS REPORT - CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 Jennifer Raue, Public Works Administrative Assistant, reported that she had outlined the nine elements that the City would have to address within the next year to satisfy the extensive requirements of AB 939. She had received positive responses from citizens who were eager to begin recycling and the City was working with Great Western Reclamation on the programs that would be offered to the City. Staff anticipated hiring a consultant to assist with major elements such as Waste Characterization Study, Recycling and public awareness/education. Council/staff discussion followed regarding League of Cities programs, AB 1820, area recycling centers, and use of Tustin Today to educate the public. It was moved by Prescott, seconded by Pontious, to receive and file subject report. _ Motion carried 4-0, Edgar absent. The following member of the audience spoke in support of recycling and the need for business recycling education: Zipora Shifberg-Mencher, 16282 Main St. #3B, Tustin XIV. PUBLIC INPUT - None XV. OTHER BUSINESS 1. HIKING TRAILS AND BIKE PATHS Councilmember Potts requested a status report on hiking trails and bike paths within the City. 2. MISS TUSTIN PAGEANT / CHILI COOK -OFF Councilmember Prescott noted that both the Miss Tustin Pageant and the Chili Cook -Off were successful events, with the Chamber of Commerce chili taking top honor. 3. RECIPIENTS OF IRVINE COMPANY SPECTRUM LEADERSHIP AWARD Mayor Pro Tem Puckett reported that two high school students from Tustin were given the Irvine Company Spectrum Leadership Award. Mayor Edgar noted that both students would be awarded proclamations at the June 18, 1990 Council meeting. XVI. CLOSED SESSION Mayor Edgar announced the City Council would recess to Closed Session to consider personnel matters pursuant to Government Code Sebtion 54957; and pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Harris vs City of Tustin. CITY COUNCIL MINUTES Page 7, 6-4-90 XVII. ADJOURNMENT At 9:40 p.m., the meeting was recessed to the Redevelopment Agency and to the above Closed Session, and then adjourned to the next Regular Meeting on June 18, 1990, at 7:00 p.m. FOLLOWING CLOSED SESSION It was moved by Pontious, seconded by Puckett, to approve the Management Compensation Program, effective July 1, 1990, as recommended by the City Manager. Motion carried 5-0. MAYOR CITY CLERK