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HomeMy WebLinkAboutCC 1 MINUTES 07-16-90MINUTES OF A REGULAR MEL NG CONSENT OF THE CITY COUNCIL OF THE CALENDAR CITY OF TUSTIN, CALIFORNIA NO. 1 - JULY 2, 1990 7-16-90 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 Prescott. II. INVOCATION The Invocation was given by Rabbi Elie Spitz of Congregation B'Nai Israel. 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 Dana Kasdan, Engineering Services Manager Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Susan Jones, Recreation Superintendent Steve Rubin, Associate Planner Valerie Whiteman, Chief Deputy City Clerk Approximately 80 in the audience IV. PROCLAMATIONS 1. SHAKIL YASSINI, TUSTIN CAR WASH See Page 3. 2. PARKS AND RECREATION MONTH Mayor Edgar read and presented a proclamation to Sam Randall in recognition of July as Parks and Recreation Month. Sam Randall, Parks and Recreation Commission Chairman, accepted the proclamation on behalf of the Parks and Recreation Commission, staff, and volunteers who provide many hours of service to the City's recreation programs. V. PUBLIC HEARING 1. APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 90-08 (PASADENA AVENUE) Steve Rubin, Associate Planner, reported that the Council had directed a second community workshop be conducted in an attempt to reach final consensus on the project modification. Staff informed all interested parties and requested each participant complete a questionnaire indicating specific input on past proposals as well as new proposals. The results of the questionnaire revealed there was no movement on the part of the developer or the residents and a mutually acceptable compromise was not reached at the second workshop. The developer's two final proposals were (1) delete Unit 6 and second floor of Unit 11 or (2) remove second floor from Units 5, 6 and 11 and 1/2 of Unit 10. The residents' final proposal was to reduce both buildings to one story, with the exception of the two front units of either building, and delete Unit 6. Mayor Edgar opened the Public Hearing at 7:10 p.m. The following member of the audience spoke in favor of approving Conditional Use Permit No. 90-08: CITY COUNCIL MINUTE Page 2, 7-2-90 Philip Schwartz, 14841 Yorba Street, Tustin, representing Feridoun Rezai (applicant) The following members of the audience spoke in opposition to approving Conditional Use Permit No. 90-08: Kathleen L. Arnold, 15631 Myrtle Avenue, Tustin (also read letter from 15702 Myrtle Avenue resident) Kathleen M. Arnold, 15631 Myrtle Avenue, Tustin (also read letter from William McQue, 15641 Pacific St., Tustin) Sandra Zukowsky, 15641 Myrtle Avenue, Tustin Dean Karels, 17191 Corla Avenue, Tustin Lisa McNamee, 15671 California Street, Tustin Constance Gordon, 15661 Myrtle Avenue, Tustin David Weresby, 15662 Myrtle Avenue, Tustin Paul Zukowsky, 15641 Myrtle Avenue, Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:30 p.m. Mayor Edgar stated the residents were correct because they did not receive proper notification and the developer was correct because he complied with all City code requirements. The Council was now obligated to reach a decision that represented a compromise; a developer compromise should significantly reduce the construction of the project without causing bankruptcy and the residents had the right to live without a massive structure invading their privacy. Councilmember Pontious said there was belief that if the subject project had been properly noticed, the Planning Commission would not have approved the project. However, during her term as a Planning Commissioner when there was considerable input from residents on development, she did not recall any project where the residents were completely satisfied. The Commission made modifications and requested mitigating measures to lessen impacts upon the community. With that in mind, she proposed the following for this project: eliminate the second story of the back two units on both buildings, raise the wall to 8 feet, and require full tree blockage along the back and a certain portion of the sides. These proposals were in addition to the previously agreed upon removal of the spa and relocation of trash containers. She was concerned with the issue of privacy and felt these modifications would address those concerns. Mayor Pro Tem Puckett stated the Council was elected to serve the City and review all aspects of an issue. In good conscience, he had to look for a compromise and it was not an alternative to force the builder to demolish the project which had been built in good faith with permits issued by the City. He agreed that mistakes were made, but it had not been proven who was responsible and, therefore, he agreed with the proposals suggested by Councilmember Pontious. Councilmember Potts stated he would not make this decision based on emotion but fact. He felt it was his responsibility to favor the residents because of the following facts: the Planning Commission denied the Conditional Use Permit because structures built within 150 feet of a single family residential zone had to conform with the existing single family residences; and the City Attorney had said the City was immune from liability for the denial, suspension, or revocation of any permit. Councilmember Potts noted, in referencing who was responsible for the public noticing error, that the developer signed an affidavit for the City indicating the noticing list received from the title company was true and correct. If the title company excluded property owners, then the developer should sue the title company. The City had made notifications based on the list furnished by the builder, as prescribed by law. Some citizens thought the expenditure of money would be too great to litigate the project if the developer was forced to demolish the building. But the Council must stand for what was right and take the matter to court. CITY COUNCIL MINUTEL Page 3, 7-2-90 Councilmember Prescott apologized to the residents for voting, at the previous meeting, to continue this item. He did not realize until later that at the last meeting the vote likely would have been 2-2 and the appeal would have been denied. It was moved by Potts, seconded by Prescott, to uphold the Planning Commission's decision and deny Conditional Use Permit No. 90-08. The motion failed 2-3, Edgar, Puckett and Pontious opposed. It was moved by Puckett, seconded by Pontious, to certify the Final Negative Declaration as adequate for Conditional Use Permit 90-08 by adoption of the following Resolution No. 90-72: RESOLUTION NO. 90-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 90-08 AND DESIGN REVIEW 88-20, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried 3-2. Potts and Prescott opposed. It was moved by Pontious, seconded by Puckett, to adopt the following Resolution No. 90-73(A), approving an appeal of Conditional Use Permit 90-08, which would include modifications of increasing the height of the wall to 8 feet; removal of the second story on Units 5, 6, 10 and 11; removal of the spa; relocation of trash containers; planting of trees along the back and sides of buildings; slanted roof design; absence of windows in rear of buildings; and window barriers on building sides: RESOLUTION NO. 90-73 (A) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN APPEAL OF CONDITIONAL USE PERMIT 90-08, TO PERMIT THE CONSTRUCTION OF AN APARTMENT PROJECT AT 15642 PASADENA AVENUE, ADJACENT TO AND WITHIN 150 FEET OF SINGLE FAMILY RESIDENCES The motion carried 3-2, Potts and Prescott opposed. IV. PROCLAMATIONS (AGENDA ORDER) 1. SHARIL YASSINI, TUSTIN CAR WASH Mayor Edgar read and presented a proclamation to Shakil Yassini recognizing his 12 years as owner and operator of the Tustin Car Wash. Mr. Yassini expressed his appreciation to the City Council. VI. PUBLIC INPUT 1. APPRECIATION FOR CITY ASSISTANCE DURING RELOCATION OF THOMPSON RESIDENCE Jeff Thompson, 405 West 6th Street, Tustin, expressed his appreciation to various City staff and departments for their assistance during the relocation of the Thompson residence and gave the City Council photographs of the house taken on the night of the relocation. 2. RETROFIT OF FIRE SPRINKLERS FOR APARTMENT BUILDINGS Jack Prewett, 17071 Altadena Drive #4, Tustin, and Frank Kazurski, 15611 Alliance Street, Tustin, requested the City Council adopt an ordinance mandating retrofit of fire sprinklers in apartment buildings. Mayor Edgar reported staff was researching the issue and the matter would be agendized in the near future. CITY COUNCIL MINUTES Page 4, 7-2-90 3. SOUTHWEST NEIGHBORHOOD IMPROVEMENT PROGRAM Rex Combs, 1642 Roanoke, Tustin, requested an additional workshop regarding the southwest portion of the City be held and public noticing of the workshop be increased. Mayor Edgar explained that an excellent Southwest Neighborhood Improvement Program workshop had been conducted prior to the Council meeting. He requested .staff be directed to submit specific recommendations for Council action at the meeting of July 16, 1990. Council concurred. William Huston, City Manager, noted that the entire workshop presentation would be included in the staff report on July 16, 1990. 4. GRAFFITI REMOVAL - PEPPERTREE AND TUSTIN MEADOWS AREA Rex Combs, 1642 Roanoke, Tustin, requested graffiti removal on a regular basis at the City -owned area between Peppertree and Tustin Meadows developments. S. TEENAGE VANDALISM - TUSTIN IMPERIAL TOWNHOMES Jacquie Sulli, 1777 Mitchell #34, Tustin, representing the Tustin Imperial Townhome Association, reported vandalism by teenagers occurring in the complex and expressed concerned with police response time and content of police reports. She requested assistance in starting a Neighborhood Watch program. The Police Department staff was directed to contact the speaker and assist in the establishment of a Neighborhood Watch program and investigate her concerns. 6. TRAFFIC CONGESTION - RED HILL AND MITCHELL AVENUES (CALIFORNIA FEDERAL BANK) Jacquie Sulli, 1777 Mitchell #34, Tustin, reported traffic congestion at the intersection of Red Hill and Mitchell Avenues caused by customers entering the California Federal Bank parking lot. Mayor Edgar requested staff conduct an engineering analysis of the intersection. VII. CONSENT CALENDAR It was moved by Puckett, seconded by Pontious, to approve the Consent Calendar. Motion carried 5-0. 1. APPROVED MINUTES - REGULAR MEETING JUNE 18, 1990 2. APPROVED DEMANDS IN THE AMOUNT OF $1,423,766.33 RATIFIED PAYROLL IN THE AMOUNT OF $254,646.49 3. REJECTION OF CLAIM NO. 90-20; CLAIMANT -JON MOORE, DATE OF LOSS - 2/9/90, DATE FILED WITH CITY -6/11/90 Rejected subject claim for general damages in the amount of $150f000.00- 4. DECLARATION OF SURPLUS EQUIPMENT Declared the specific equipment as surplus and no longer useable; the equipment will be offered for sale at the next police auction. S. VESTING TENTATIVE TRACT MAP 14110 RESOLUTION NO. 90-74 - 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 85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING CITY COUNCIL MINUTES Page 5, 7-2-90 TENTATIVE TRACT MAP 14110 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 90-74; and RESOLUTION NO. 90-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14110 Approved Vesting Tentative Tract Map 14110 by adopting Resolution No. 90-75, as submitted or revised. 6. RESOLUTION NO. 90-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE CITY OF TUSTIN GRADING MANUAL Adopted Resolution No. 90-76 approving the Grading Manual. 7. JAMBOREE ROAD BETWEEN BARRANCA PARKWAY AND EDINGER AVENUE CONSTRUCTION CONTRACT Approved the Escrow Agreement for Security Deposits in Lieu of Retention for the Jamboree Road Construction Project between Barranca Parkway and Edinger Avenue, and authorized the Mayor to execute said agreement. 8. TRAFFIC SIGNAL IMPROVEMENT PROJECTS CONTRACT Approved the Escrow Agreement for Escrow Deposits in Lieu of Retention for the Traffic Signal Improvement Projects at Main Street and Stoneglass, Main Street and E1 Camino Real, and Walnut Avenue and Franklin Avenue, and authorized the Mayor to execute said agreement. 9. SANTA ANA VALLEY IRRIGATION CO. (SAVI) QUITCLAIM OF EASEMENT Authorized the Mayor to execute a quitclaim deed to Lloyd and Patricia Ann Sittig for a SAVI easement at 13321 Woodlawn Drive. 10. RESOLUTION NO. 90-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE REPLACEMENT OF WATER MAINS ON BROWNING AVENUE, ENRAMADA DRIVE, AND ORVILLINA DRIVE, AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopted Resolution No. 90-77 approving plans and specifications for subject project and directing the City Clerk to advertise for bids. 11. QUITCLAIM DEED FOR LOT 71 TRACT NO. 12763 Approved the quitclaim deed relinquishing the City's title to Lot 7 of Tract No. 12763 and authorized the Mayor to execute said deed. 12. PROFESSIONAL SERVICES AGREEMENT WITH RALPH ANDERSEN AND ASSOCIATES Directed staff to execute agreement with Ralph Andersen and Associates. 13. DECLARATION OF SURPLUS VEHICLES AND MISCELLANEOUS EQUIPMENT Determined that specified vehicles and equipment were not required for public use and declared them surplus. 14. AGREEMENT FOR MANAGEMENT SERVICES OF THE LEMON HEIGHTS MUTUAL WATER COMPANY (LHMWC) Approved an agreement for management services with the Lemon Heights Mutual Water Company (LHMWC). 15. REQUEST FOR TREE REMOVALS Approved requests for tree removals at the following locations: 2301 Caper Tree Drive, 2352 Coco Palm Drive, 2172 Maple Court, 14422 Acacia Drive, 14501 Emerywood Road, 14502 Emerywood Road, 17371 Amaganset Way, 17421 Laurie Lane, 13381 Diamond Head Drive, 1911 Dorchester Avenue and 1991 Royal Oak Road; denied requests for tree removals at the following locations: 1972 Roanoke Avenue, 17692 Anglin Lane, 14831 Alder Lane and 14652 Alder Lane. CITY COUNCIL MINUTE Page 6, 7-2-90 VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. FINANCIAL ASSISTANCE - TUSTIN HIGH SCHOOL GRAD NITE COMMITTEE William Huston, City Manager, requested the City Attorney be directed to prepare a resolution if the City Council desired to donate funds. The following member of the audience spoke regarding donation of funds to the Tustin High School Grad Nite Committee: Dr. Tom Aufdemberg, Chairman of T.H.S. Grad Nite Cmte. Council/speaker discussion followed regarding financial aid for Foothill High School Grad Nite and percentage of Tustin residents in attendance at Tustin and Foothill High Schools (Tustin High School = 81%, Foothill High School = 13%). Mayor Pro Tem Puckett reported on his personal experience and support for Tustin High School Grad Nite. It was moved by Puckett, seconded by Prescott, to grant $1,500 to the Tustin High School Grad Nite Committee. Mayor Pro Tem Puckett noted that if Foothill High School made a similar request, he was willing to support a donation in a proportionate amount based on Tustin residents attending the school. Motion carried 5-0. Mayor Edgar clarified that formal adoption of a resolution granting the funds would be agendized at the July 16, 1990 City Council meeting. XI. NEW BUSINESS 1. IRVINE BOULEVARD PARKING PROHIBITION (PALMWOOD CONDOMINIUMS) Mayor Edgar reported that the parking situation had been resolved to the satisfaction of the residents. It was moved by Edgar, seconded by Potts, to receive and file subject report. _. Motion carried 5-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 25, 1990 It was moved by Pontious, seconded by Edgar, to ratify the Planning Commission Action Agenda of June 25, 1990. Motion carried 5-0. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. WEED ABATEMENT - IRVINE BOULEVARD MEDIAN STRIPS Councilmember Pontious reported the medians on Irvine Boulevard were overgrown with weeds. William Huston, City Manager, stated the bid for improvement of the area was in the process. CITY COUNCIL MINUTES Page 7, 7-2-90 2. SOUND WALLS - TUSTIN HIGH SCHOOL Councilmember Potts requested staff contact Caltrans to obtain a timeline for installation of sound walls adjacent to Tustin High School, preferably before the beginning of school in September. 3. GRAFFITI REMOVAL Councilmember Prescott complimented staff on the rapid removal of graffiti at the bus stop on First Street. 4. TREE REMOVAL POLICY Mayor Edgar requested staff submit a policy which would give staff the authority to approve or deny tree removal requests with an appeal process to the City Council. He requested the policy be agendized on July 16, 1990. Council concurred. 5. RECYCLING PROGRAM Mayor Edgar expressed disappointment that the City's recycling program was not in operation. William Huston, City Manager, responded that it would be helpful if the Council encouraged Great Western Reclamation to provide the necessary data. Council concurred to write a letter from the Mayor to Great Western Reclamation requesting the data required to establish a recycling program be expedited. XV. ADJOURNMENT At 8:40 p.m., the meeting was recessed to the Redevelopment Agency and then adjourned to the next Regular Meeting on July 16, 1990, at 7:00 p.m. MAYOR CITY CLERK