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HomeMy WebLinkAboutCC 1 MINUTES 10-01-901UTES OF A REGULAR MEETIN CONSENT CALENDAR NO. 1 ..f THE CITY COUNCIL OF THE 10-1-90 CITY OF TUSTIN, CALIFORNIA SEPTEMBER 17, 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 Mayor Pro Tem Puckett. II. INVOCATION The Invocation was given by Rev. Warren Vining, First Advent Christian Church. 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: Christine Shingleton, Acting City Manager Lois Jeffrey, Deputy City Attorney Mary E. Wynn, City Clerk W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Rita Westfield, Asst. Dir./Community Development Bettie Correa, Senior Personnel Analyst Valerie Whiteman, Chief Deputy City Clerk Christopher Jackson, Sr., Associate Planner Julie Carter, Administrative Assistant Approximately 20 in the audience IV. PROCLAMATIONS 1. RICHARD HAHN, COMMENDATION FOR SAVING THE LIFE OF IRIS CUEVAS Mayor Edgar read and presented a proclamation to Richard Hahn who saved the life of Iris Cuevas on July 23, 1990. Richard Hahn thanked the community and stated everyone should learn how to administer Cardiopulmonary Resuscitation. 2. MARY GRAY, ANTI -GANG DRESS CODE AT CURRIE MIDDLE SCHOOL Mayor Edgar read and presented a proclamation to Mary Gray in recognition of the anti -gang dress code program she helped initiate at Currie Middle School. Mary Gray stated she appreciated the acknowledgement and thanked the Council for the recognition. V. CLOSED SESSION At 7:06 p.m., Mayor Edgar announced the City Council would recess to Closed Session to confer with the City Attorney regarding pending 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) ; and would also recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally and to which the City was a party. The title of the litigation was Earl Prescott and John Kelly vs. City of Tustin and the case number was X61-85-41. FOLLOWING CLOSED SESSION - PRESCOTT/KELLY VS. CITY OF TUSTIN At 7:26 p.m., the City Council reconvened and Lois Jeffrey, Deputy City Attorney, reported that during Closed Session the City Council ratified the settlement agreement in the case of Earl Prescott and John Kelly vs. City of Tustin with a 4-0 vote, Prescott abstaining. CITY COUNCIL MINUTES Page 2, 9-17-90 VI. PUBLIC HEARINGS 1. FEE RESOLUTION Christine Shingleton, Director of Community Development, reported the Community Development Department had reviewed the various documents duplicated for public use and, as a result of this analysis, found the City was incurring costs that were not being recuperated. Council/staff discussion followed regarding total cost of complete documents and availability of Sign Code and Zoning Code summaries for public use. Mayor Edgar opened the Public Hearing at 7:30 p.m. There were no speakers on the subject and the Public Hearing was closed. It wasmoved by Puckett, seconded by Pontious, to adopt the following Resolution No. 90-119 establishing the fee for duplication of documents provided to the public by the Community Development Department: RESOLUTION NO. 90-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A DOCUMENT DUPLICATION FEE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT Motion carried 5-0. 2. ZONE CHANGE 90-1 AND APPEAL OF CONDITION 8.9 (PLANNING COMMISSION RESOLUTION NO. 2816) OF CONDITIONAL USE PERMIT 90-3 (TUTT) Christine Shingleton, Director of Community Development, requested separate hearings for Zone Change 90-1 and Appeal of Condition 8.9 of Conditional Use Permit 90-3. Christopher Jackson, Associate Planner, reported the applicant, Tustin Auto Spa, Inc., requested a zone change for a .68 acre site located at 1501 Nisson Road in order to accommodate development of a car wash. The site was currently zoned C-1 (Retail Commercial) and the applicant was requesting the site be rezoned to C -G (Commercial General). The Planning Commission approved Conditional Use Permit 90-3 which allowed a car wash at 1501 Nisson Road contingent upon the City Council's approval of Zone Change 90-1. Staff and the Planning Commission evaluated the issues related to the zone change which included zoning patterns, compatibility of surrounding uses, traffic, and General Plan conformity. Mayor Edgar opened the Public Hearing at 7:35 p.m. The following members of the audience spoke in favor of Zone Change 90-1 and Appeal of Condition 8.9 of Conditional Use Permit 90-3: Eugene Tutt, applicant, 10422 Strand Terrace, Santa Ana Gary Mobley, attorney representing Martin Communications There were no other speakers on the subject and the Public Hearing was closed at 7:45 p.m. Councilmember Pontious and Mayor Pro Tem Puckett expressed concern about the zone change creating additional traffic on Nisson Road. Councilmember Potts stated a zone change was appropriate when the traffic signals were synchronized on Red Hill after completion of the freeway construction. Also, completion of Tustin Ranch Road, Jamboree Road and Newport Avenue construction would ease traffic on Red Hill. Councilmember Prescott supported the Planning Commission's recommendation of approval of Zone Change 90-1 and the car wash CITY COUNCIL MINUTES Page 3, 9-17-90 construction. Mayor Edgar stated the timeline regarding the traffic mitigation was acceptable. It was moved by Prescott, seconded by Edgar,, to approve Zone Change 90-1. Motion failed 2-3, Puckett, Pontious, Potts opposed. It was moved by Pontious, seconded by Puckett, to deny Zone Change 90-1by adoption of the following Resolution 90-121, without prejudice, which would allow the applicant to re -apply without fees: RESOLUTION NO. 90-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING ZONE CHANGE 90-01, A REQUEST TO REZONE PROPERTY LOCATED AT 1501 NISSON ROAD FROM C-1 (RETAIL COMMERCIAL) TO C -G (COMMERCIAL GENERAL) Motion carried 4-1, Prescott opposed. It was moved by Puckett, seconded by Pontious, to table appeal of Conditional Use Permit 90-3 based upon denial of Zone Change 90-01. Motion carried 4-1, Prescott opposed. VII. PUBLIC INPUT 1. DELAY OF USE PERMIT ISSUANCE FOR PET GROOMING BUSINESS Pete Van Dyken, 235 South "A" Street, Tustin, questioned why his daughter's Use Permit for pet grooming business had been extensively delayed. Staff responded that the application had been recently received and was in the process of State noticing requirements. It required approximately 4 to 6 weeks for applications to receive a hearing date with the Planning Commission and staff was working with the applicant on the situation. VIII. CONSENT CALENDAR Item No. 1 was removed from the Consent Calendar by Mayor Pro Tem Puckett.It was moved by Puckett, seconded by Pontious, to approve the remainder of the Consent Calendar. Motion carried 5-0. 2. APPROVED DEMANDS IN THE AMOUNT OF $1,478,497.58 RATIFIED PAYROLL IN THE AMOUNT OF $256,980.43 3. REJECTION OF CLAIM NO. 90-26; CLAIMANT-FERIDOUN REZAI, DATE OF LOSS -3/9/901 DATE FILED WITH CITY -8/20/90 Rejected subject claim for general damages in the amount of $785,000. 4. RESOLUTION NO. 90-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13788 Adopted Resolution No. 90-117 approving Tract Map No. 13788. 5. RESOLUTION NO. 90-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF STREET LIGHT CONDUIT ON SYCAMORE AVENUE FROM CANTERBURY AVENUE TO 600'± EASTERLY OF CANTERBURY AVENUE Adopted Resolution No. 90-122 approving the plans and specifications for the subject project and directed the City Clerk to advertise for bids. 6. AWARD OF CONTRACT FOR THE CONSTRUCTION OF EAST TUSTIN MEDIAN ISLAND LANDSCAPING AND IRRIGATION Awarded the contract for the subject project to the low bidder, Tracy & Haigh Landscape, Inc. of Rancho Santa Margarita, in the amount of $398,868.50. CITY COUNCIL MINUTES Page 4, 9-17-90 7. RESOLUTION NO. 90-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM Adopted Resolution No. 90-124 approving specifications for subject project and authorized advertisement for bids. 8. RESOLUTION NO. 90-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 90-2 Adopted Resolution No. 90-123 approving Lot Line Adjustment No. 90-2. 9. RESOLUTION NO. 90-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 13746 Approved Final Tract Map No. 13746 by the adoption of Resolution No. 90-118. 10. PHOTOCOPIER EQUIPMENT STUDY Authorized the Director of Administrative Services to sign a sixty (60) month lease agreement for photocopier equipment, maintenance, supplies and service with the following equipment vendors: University Copy Systems, Pitney Bowes, Standard Office Systems, and Gestetner for a total of $45,000.00. The 1990-91 adopted budget incorporated the allocation of these funds for equipment and duplication services. 11. APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR NOISE MONITORING PROGRAM FOR THE CITY OF TUSTIN Authorized the City Manager to execute the Consultant Service Agreement for Noise Monitoring Services for the City of Tustin. CONSENT CALENDAR NO. 1 - APPROVAL OF MINUTES - SEPTEMBER 4, 1990, ADJOURNED REGULAR MEETING Mayor Pro Tem Puckett questioned if Councilmember Prescott had made the motion that Ordinance No. 1048 have first reading by title only under Ordinances for Introduction. Councilmember Prescott replied he did move for Ordinance No. 1048 to have first reading by title only. It was moved by Puckett, seconded by Pontious, to approve Consent Calendar No. 1, Approval of Minutes, September 4, 1990, Adjourned Regular Meeting. Motion carried 5-0. IX. ORDINANCES FOR INTRODUCTION - None ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1048 - APRIL GENERAL MUNICIPAL ELECTIONS It was moved by Prescott, seconded by Pontious, that Ordinance No. 1048 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1048 by the City Clerk, it was moved by Puckett, seconded by Pontious, that Ordinance No. 1048 be passed and adopted as follows: ORDINANCE NO. 1048 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING. ORDINANCE NO. 980 WHICH REQUIRED THE CITY'S GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN NUMBERED YEARS PURSUANT TO SECTION 36503.5 OF THE GOVERNMENT CODE Motion carried 4-1, Prescott opposed (roll call vote). 2. URGENCY ORDINANCE NO. 1050 - TRASH SERVICE, TUSTIN MARINE BASE Christine Shingleton, Director of Community Development, requested this item be continued to the City Council meeting of October 1, 1990, due to recent input from the Marine Corps. CITY COUNCIL MINUTES Page 5, 9-17-90 It was moved by Pontious, seconded by Prescott, to continue this matter until the October 1, 1990, City Council meeting. Motion carried 5-0. XI. OLD BUSINESS 1. AIRPORT STATUS REPORT - JOHN WAYNE AIRPORT (JWA) PHASE 2 ACCESS PLAN Rita Westfield, Assistant Director of Community Development, reported the John Wayne Airport (JWA) Phase 2 Access Plan covered the operations of JWA for commercial and commuter airlines from 1990 through 2005. The City had provided input into the final draft of the Access Plan and submitted those comments to the County on August 30, 1990. She summarized the four areas of concern: 1) Terms of the Plan; 2) Approach Noise "Limits"; 3) Peak Hour Restrictions; and 4) All Cargo Operators. She noted that approximately 4 weeks prior to their regularly scheduled meeting the Board of Supervisors, at an emergency meeting, voted to adopt the Phase 2 Access Plan. Cities were not provided with advance notice of the hearing nor were they provided an opportunity to attend the meeting. Councilmember Pontious stated in the interest of Tustin residents it was important that action be taken. Mayor Edgar stated that the actions of the Board of Supervisors were irresponsible and there may be an opportunity for the City to take legal action against the airport. It was moved by Pontious, seconded by Prescott, to send a Mayoral letter of reprimand to the Board of Supervisors asking them to rescind their action of August 29; direct the City Attorney to conduct an in-depth review of the Environmental Impact Report that was prepared for the airport expansion in an attempt to identify areas of non-compliance with the approved Access Plan; and to pursue legal action if recommended by the City Attorney. Motion carried 5-0. XII. NEW BUSINESS 1. VOLUNTARY MANAGER'S CERTIFICATE/LICENSING PROGRAM FOR MULTIPLE FAMILY PROJECTS Christine Shingleton, Director of Community Development, reported that in June the City Council discussed the possible installation of automatic fire sprinkler systems in existing multiple family projects and directed staff to explore other alternatives for improving fire safety in these complexes focusing on an educational approach. In response to the Council's request in June and as one element of the Southwest Neighborhood Improvement Program, staff recommended implementation of a Manager's Certificate/Licensing Program for Multiple Family Projects. The overall objective of this program, supported by the Orange County Fire Department, City of Tustin Police and Community Development Departments, was to provide residents of multiple family dwellings with a healthy and safe living environment through property maintenance; Fire, Building and zoning Code compliance; crime prevention and emergency trained management. The program would provide approximately 15 hours of voluntary recommended attendance and a 2 -year certificate would be provided upon completion of the program. The curriculum would include CPR; fire prevention self -inspection program; disaster emergency preparedness information; landlord/tenant rights and legal issues; property security/crime prevention; minimum standards for property maintenance; and code enforcement. The first year cost would be a minimum of $2,250 with implementation occurring the first quarter of 1991. This City program when approved would be the first of its kind in California. CITY COUNCIL MINUTES Page 6, 9-17-90 Councilmember Potts commended staff on implementing the program and directed staff to contact the Orange County Fire Department to set up educational sessions for the elementary schools. The following member of the audience spoke in favor of the program and offered suggestions: Zipora Shifberg-Mencher, 16282 Main Street, #3B, Tustin It was moved by Puckett, seconded by Potts, to approve the Voluntary Manager's Certificate/ Licensing Program for Multiple Family Projects and appropriate $2,250 for first year 1990-91 costs. Motion carried 5-0. XIII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 10, 1990 Item No. 8 (General Plan Amendment 90-2/Zone Change 90-3) was removed by Mayor Edgar. It was moved by Edgar, seconded by Potts, to cancel the workshop scheduled by the Planning Commission; direct the Planning Commission to reagendize the item for their meeting of October 8, 1990; agendize a Public Hearing for the City Council meeting on October 15, 1990; and the North Tustin Specific Plan and the appropriate Tustin Code be included on the Planning Commission/City Council agendas. Motion carried 5-0. It was moved by Puckett, seconded by Pontious, to ratify the remainder of the Planning Commission Action Agenda of September 10, 1990. Motion carried 5-0. 2. INVESTMENT SCHEDULE AS OF AUGUST 31, 1990 It was moved by Pontious, seconded by Potts to receive and file subject report. Motion carried 5-0. 3. CURBSIDE RESIDENTIAL RECYCLING PROGRAM UPDATE It was moved by Potts, seconded by Puckett to receive and file subject report. Motion carried 5-0. 4. SALE OF SURPLUS EQUIPMENT It was moved by Puckett, seconded by Potts, to receive and file subject report. Motion carried 5-0. XIV. PUBLIC INPUT - None XV. OTHER BUSINESS 1. TIMELINE FOR SOUTHWEST NEIGHBORHOOD IMPROVEMENT PLAN Mayor Edgar requested an estimated timeline for the Southwest Neighborhood Improvement Plan be presented at the October 1 1990, City Council meeting. Staff will submit a status report along with the proposed graffiti removal program. CITY COUNCIL MINUTES Page 7, 9-17-90 2. REGISTER TO VOTE - SEPTEMBER 22, 1990 Mayor Edgar informed residents they could register to vote on September 22, 1990, 9:00 a.m. to 4:00 p.m., at 1451 Irvine Boulevard, Tustin, 3. SOUND WALL FOR TUSTIN VILLAGE WAY Mayor Edgar requested a letter from the Mayor be sent to Caltrans asking that all Tustin Village Way sound walls, except for the center portion, be constructed as soon as possible. Council concurred. 4. TUSTIN AREA SENIOR CENTER STATISTICS FOR 1989 Mayor Edgar requested statistics regarding attendance, peak hours, etc. for the Tustin Area Senior Center during its first year of operation. 5. JASON PEERY FUND RAISING EVENT Mayor Edgar requested waiving the facility use fees on the Tustin Area Senior Center for the Jason Peery Fund Raising event on Sunday, September 30, 1990. Council concurred. 6. BUDGET AREAS AFFECTED BY STATE BUDGET CUTS Mayor Edgar requested staff compose a summary of City of Tustin budget areas that would be impacted due to State budget cuts. Council concurred. XVI. CLOSED SESSION See Page 1. XVII. ADJOURNMENT At 8:40 p.m., the meeting recessed to the Redevelopment Agency and then adjourned to the next Regular Meeting on October 1, 1990, at 7:00 p.m. RICHARD B. EDGAR, MAYOR MARY E. WYNN, CITY CLERK