HomeMy WebLinkAboutCC 1 MINUTES 11-05-90MINUTES CONSENT CALENDAR NO. 1
REGULAR MEETING OF THE CITY COUh..tL 11-5-90
CITY OF TUSTIN, CALIFORNIA
OCTOBER 15, 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 Councilmember Potts.
II. INVOCATION
The Invocation was given by Pastor Kevin Kragenbrink, Hope Christian
Church.
III. ROLL CALL
Council Present: Richard B. Edgar, Mayor
Leslie Pontious
Jim Potts
Earl J. Prescott
Council Absent: Charles E. Puckett, Mayor Pro Tem
Others Present: William A. Huston, City Manager
James G. Rourke, City'Attorney
Mary E. Wynn, City Clerk
Christine Shingleton, Dir./Community Development
Fred Wakefield, Captain/Police Department
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Royleen White, Dir./Community & Admin. Services
Rita Westfield, Asst. Dir./Community Development
Susan Jones, Recreation Superintendent
Valerie Whiteman, Chief Deputy City Clerk
Boy Scout Troop #256
Approximately 40 in the audience
IV. PROCLAMATION - RED RIBBON WEEK, OCTOBER 20-281 1990
Mayor Edgar read and presented a proclamation to Ethel Reynolds, Co -
Founder of Parents Who Care. The proclamation declared the week of
October 20-28, 1990, as Red Ribbon Week.
Ethel Reynolds thanked the City Council for their participation in
Red Ribbon Week. Parents Who Care urged everyone to participate by
displaying and wearing red ribbons in support of a drug-free
community.
V. PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 90-02 AND ZONE CHANGE 90-03
Christine Shingleton, Director of Community Development, reported
in February, 1990, the City Council approved Annexation 149
(Newport/Warren). Upon annexation to the City, the property
became unclassified. The unclassified designation was an interim
zoning designation in the City Code and was meant to provide a
review mechanism for projects that might be processed prior to
the City adopting a final zoning designation. This project site
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was currently developed with six single-family homes, seven
professional office buildings and three vacant parcels; and was
bounded by professional office and single-family residential
development to the north, commercial and single-family
residential to the south, single- and multi -family residential
to the east and single-family residential to the west. She
briefly summarized the recommended changes and noted the proposed
Zone Change and General Plan designation for the subject site
would allow for similar uses and development standards permitted
when the site was under the County's jurisdiction, establishing
the greatest degree of conformity with adjacent uses and creating
few non -conformities in land use or development standards. The
proposed uses and standards contained in the Planned Community
regulation document were also consistent with the overall
existing area development and land uses.
Mayor Edgar opened the Public Hearing at 7:10 p.m.
The following members of the audience spoke in opposition to
portions of General Plan Amendment 90-02 and Zone Change 90-03:
Nancy Hamilton, 18681 Eunice Place, Tustin
Francine Pace Scinto, 1772 Sirrine Drive, Santa Ana
RECESS - At 7:20 p.m., the meeting recessed due to failure of the public
address system and reconvened at 7:25 p.m.
GENERAL PLAN AMENDMENT 90-02 AND ZONE CHANGE 90-03 (CONTINUED)
There were no other speakers on the subject and the Public
Hearing was closed at 7:25 p.m.
Mayor Edgar stated it was essential the City have consistent
standards and believed the commercial building standard should
remain at 35 feet in height and rear yard set -back standards
remain at 10 feet. He wanted to introduce these numeric changes
into Exhibit 'B' of Ordinance No. 1052.
Councilmember Pontious preferred conformity throughout the City.
She felt if additional areas were annexed the City's General Plan
and zoning issues should be reviewed. She supported the plan
recommended by the Planning Commission which included the height
and set -back restrictions.
It was moved by Potts, seconded by Pontious, to approve the
Environmental Determination for the project by adopting the
following Resolution No. 90-132:
RESOLUTION NO. 90-132 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR GENERAL PLAN AMENDMENT 90-02 AND ZONE CHANGE 90-
03, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Motion carried 4-0, Puckett absent.
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It was moved by Pontious, seconded by Potts, to adopt the
following Resolution No. 90-133 approving General Plan Amendment
90-02:
RESOLUTION NO. 90-133 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 90-
02 TO DESIGNATE ON THE GENERAL PLAN LAND USE MAP CERTAIN PROPERTY
AS PC (PLANNED COMMUNITY) FOR THE PROPERTY IN THE VICINITY OF
NEWPORT AVENUE AND WARREN AVENUE
Motion carried 4-01 Puckett absent.
It was moved by Prescott, seconded by Edgar, that Ordinance No.
1052 have first reading by title only. The motion carried 4-0,
Puckett absent. Following first reading by title only of
Ordinance No. 1052 by the City Clerk, it was moved by Edgar,
seconded by Prescott, to amend Exhibit 'B', paragraphs 3.1 and
3.2, to reflect a maximum height of 35 feet for structures and
a minimum of 10 feet for rear yard set -backs.
Motion died 2-2; Pontious, Potts opposed; Puckett absent.
It was moved by Prescott, seconded by Potts, to table
introduction of Ordinance No. 1052 until the November 5, 1990,
Council meeting.
Motion carried 4-0, Puckett absent.
2. RECOVERY OF CITY INCURRED COSTS FOR REMOVAL OF AN ABANDONED SIGN
AT 17601 SEVENTEENTH STREET
Christine Shingleton, Director of Community Development, reported
that a City work order was carried out on August 31, 1990, to
remove an abandoned sign located on property at 17601 Seventeenth
Street.
Mayor Edgar opened the Public Hearing at 7:35 p.m. There were
no speakers on the subject and the Public Hearing was closed.
It was moved by Pontious, seconded by Potts, to adopt the
following Resolution No. 90-131 approving a special assessment
of one hundred nine dollars and twenty cents ($109.20):
RESOLUTION NO. 90-131 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT
17601 SEVENTEENTH STREET (ASSESSOR'S PARCEL NO. 395-301-05) FOR
THE COST INCURRED BY THE CITY FOR THE REMOVAL OF AN ABANDONED
SIGN
Motion carried 4-0. Puckett absent.
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I. PUBLIC INPUT
1. APPEAL ON CERTIFICATE OF APPROPRIATENESS - (PROPOSED INSTALLATION
OF NEW SIDING - SANTORI)
George Santori, 450 W. Third Street, Tustin, stated he had filed
an appeal of the Planning Commission's denial of his Certificate
of Appropriateness. He questioned why the matter was discussed
at the October 1, 1990, Council meeting and why it had not been
scheduled for Public Hearing at this meeting. He expressed
displeasure with staff and their handling of the matter.
Staff responded that public noticing requirements had to be met
and the appeal was scheduled for Public Hearing at the November
51 1990, City Council meeting.
Council/speaker discussion followed regarding the appeal process.
Bill Collins, 430 W. Main Street, Tustin, stated he lived in the
historic district of Tustin and the City had not provided
guidelines for restoration of historic homes.
VII. CONSENT CALENDAR
Items No. 8 and it were removed from the Consent Calendar by
Councilmember Pontious. It was moved by Prescott, seconded by Potts,
to approve the remainder of the Consent Calendar. Motion carried
4-0, Puckett absent.
1. APPROVAL OF MINUTES - OCTOBER 1, 1990, REGULAR MEETING
Approved the City Council Minutes of October 1, 1990.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Approved Demands in the amount of $2,422,482.70, and ratified
payroll in the amount of $255,762.66.
3. RESOLUTION NO. 90-129 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CITY ENTRY
MONUMENT SIGNS
Adopted Resolution No. 90-129 accepting works of improvement
and authorized the recordation of the Notice of Completion for
three City entry monument signs.
4. ACCEPTANCE OF PUBLIC IMPROVEMENTS WITHIN TRACT NO. 13822
Accepted all public improvements related to Tract No. 13822
and authorized the release of the following improvement bonds:
Faithful Performance Bond No. 3SM71925700, $56,000; Labor and
Materials Bond No. 3SM71925700, $28,000; and Monumentation
Bond No. 3SM71925900, $2,000.
5. RESOLUTION NO. 90-135 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR CONSTRUCTION
OF TRAFFIC SIGNAL IMPROVEMENTS AT MAIN STREET AND STONEGLASS,
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MAIN STREET AND EL CAMINO REAL, AND WALNUT AVENUE AND FRANKLIN
AVENUE
Adopted Resolution No. .90-135 accepting said work and
authorized the recordation of the Notice of Completion.
6. CALTRANS AGREEMENT NO. 12-028 A-2
Approved the amendment to the Cooperative Agreement No.
12-028 A-2 between Caltrans and the City subject to final
review and approval of the City Attorney.
7. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM
WATER PERMIT IMPLEMENTATION AGREEMENT
(1) Authorized the Mayor to execute the joint agreement for
implementation of the National Pollutant Discharge Elimination
Systems (NPDES) Permit as approved by the City Attorney; and
(2) Allocated $16,159.39 for the City's first year percentage
share of the total program costs for the permit and the
implementation of the permit requirements.
9. AWARD OF CONTRACT FOR ANNUAL LANDSCAPE MAINTENANCE - EL CAMINO
REAL
Awarded the contract for the Annual Landscape Maintenance El
Camino Real Program to Landscape West, Inc. for the annual
amount of $14,220.00.
10. CALTRANS TRAFFIC CONTRACT
Authorized the contract with the Department of Transportation
for reimbursement of monies spent for traffic control during
the Interstate 5 and State Route 55 construction.
CONSENT CALENDAR NO. 8 - RESOLUTION NO. 90-130 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, STATING COMMITMENT
TO PLACE SAVINGS FROM SEASONAL WATER STORAGE SERVICE AND
INTERRUPTIBLE SERVICE INTO A SPECIAL ACCOUNT
Councilmember Pontious noted that the City was striving for a 10
percent water usage reduction. The City had reduced usage by 6
percent and she encouraged.residents to strive for the additional 4
percent reduction.
It was moved by Potts, seconded by Pontious, to adopt Resolution No.
90-130 stating commitment to place savings from Seasonal Water
Storage Service and Interruptible Service into a special account.
Motion carried 4-0, Puckett absent.
CONSENT CALENDAR NO. 11 - RESOLUTION NO. 90-134 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE REPEAL
OF SB 2557, STATE BUDGET ACTIONS
Councilmember Pontious stated the Council supported the repeal of SB
2557.
It was moved by Potts, seconded by Pontious, to adopt Resolution No.
90-134 supporting repeal of SB 2557, legislation that permits
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counties to charge cities for booking prisoners and collection of
property taxes.
Motion carried 4-0, Puckett absent.
VIII. ORDINANCES FOR INTRODUCTION - NONE
IX. ORDINANCES FOR ADOPTION - NONE
X. OLD BUSINESS
1. JOHN WAYNE AIRPORT ACCESS PLAN
Mayor Edgar reported that at the September 17, 1990, City Council
meeting, the City Attorney was directed to conduct an in-depth
review of the EIR for the Airport Expansion in an attempt to
identify areas of non-compliance with the County -approved Airport
Access Plan.
Council/staff discussion followed regarding lack of response from
the Board of Supervisors to the City's letter of reprimand for
approving the Phase 2 Access Plan without public input.
It was moved by Potts, seconded by Pontious, that: (a) the City
continue to monitor airport noise and airport operations for any
new circumstances or facts that could trigger the legal
requirement for a supplemental or subsequent EIR; (b) the City
actively monitor, review and participate in the adoption of the
final cargo carrier policy; and (c) City staff follow-up with the
County on the status of the mitigation measure to request an FAA
study of descent patterns.
Motion carried 4-0, Puckett absent.
2. GRAFFITI REMOVAL PROGRAM UPDATE AND PROPOSED STUDY APPROACH
Rita Westfield, Assistant Director of Community Development, gave
a status report on one component of the Southwest Neighborhood
Stabilization Program, establishment of a graffiti removal
program to facilitate removal of graffiti on private property.
She stated another update report would be presented to the
Council in 30 days.
Council/staff discussion followed regarding anti -graffiti
programs initiated in the Cities of Paramount and Los Alamitos.
It was moved by Potts, seconded by Pontious, to receive and file
subject report.
Motion carried 4-0, Puckett absent.
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'I.
NEW BUSINESS
1. PARK NAME POLICY/GUIDELINES
Councilmember Potts reported that Ursula E. Kennedy was the
first elected Councilwoman and the first female Mayor of Tustin.
He believed Mrs. Kennedy deserved recognition because of her
support of park development and cultural arts programs in the
community.
It was moved by Potts, seconded by Edgar, to dedicate a community
park at Jamboree Road and Portola Parkway in Mrs. Kennedy's
honor, and if a cultural arts center was built to name it the
Ursula E. Kennedy Cultural Arts Center.
Councilmember Prescott noted that approximately two years ago
during Council discussion of the park naming policy,
Councilmember Kennedy was opposed to honoring living residents
and, therefore, he would not support the motion.
Mayor Edgar stated the City had never honored living persons in
this manner and this motion would represent a departure from past
practice. He noted that this particular suggestion could not
occur for several years and the final decision would be made by
different Councilmembers.
Councilmember Pontious suggested passage of the motion would
direct staff to incorporate the idea into their planning at the
appropriate time and that the record would reflect approval of
the recommendation by the current Council.
Councilmember Prescott noted he would favor the motion
recognizing that the final decision would rest with a future City
Council.
Motion carried 4-0, Puckett absent.
%II. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - OCTOBER 31 1990
PLANNING COMMISSION ACTION AGENDA - OCTOBER 8, 1990
It was moved by Pontious, seconded by Potts, to ratify the
Planning Commission Action Agendas of October 3, 1990, and
October 8, 1990.
Motion carried 4-0, Puckett absent.
2. DESIGN UPDATE - NEIGHBORHOOD PARK IN TRACT 12763
Susan Jones, Recreation Superintendent, reported the neighborhood
park in Tract 12763, located on Heritage Way and Myford Road, was
in the working drawing stage. Plan check was scheduled for
November 1990 -January 1991, bid process was proposed for February
1991, and construction was scheduled to begin in June 1991.
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Council/staff discussion followed regarding on -street parking at
park locations.
It was moved by Pontious, seconded by Potts, to receive and file
subject report.
Motion carried 4-0, Puckett absent.
3. AD HOC CHILD CARE COMMITTEE UPDATE
Susan Jones, Recreation Superintendent, reported the Community
Services staff was meeting on a monthly basis with the Ad Hoc
Child Care Committee. The Committee was working on identifying
policies, programs and facilities available for different age
groups.
Councilmember Potts presented a petition to staff for the Ad Hoc
Child Care Committee. The petition was signed by 44 residents
requesting a permanent home for the Kids Center at Veeh School.
It was moved by Pontious, seconded by Potts, to receive and file
subject report.
Motion carried 4-0, Puckett absent.
4. INVESTMENT SCHEDULE
It was moved by Pontious, seconded by Prescott, to receive and
file subject report.
Motion carried 4-0, Puckett absent.
XIII. PUBLIC INPUT - NONE
XIV. OTHER BUSINESS
1. RECYCLING PROGRAM
Councilmember Pontious asked the status on the City's recycling
program.
William A. Huston, City Manager, replied that on-going recycling
program meetings between staff and Great Western Reclamation were
being held. He stated negotiations regarding cost,
implementation, and a recycling center location were currently
being discussed. A status report would be presented at a
November Council meeting.
Councilmember Potts stated many residents had questioned him as
to when the City's recycling program would commence and he
requested staff provide a list of current recycling centers
located in the immediate area. He also directed staff to contact
Great Western Reclamation to establish interim recycling centers
for use until the City's recycling program was operating. He
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related some facts the City of Grand Terrace had published
regarding recycling.
2. 11NO U-TURN11 SIGN - TUSTIN RANCH ROAD/IRVINE BOULEVARD
Councilmember Potts said the center median at northbound Tustin
Ranch Road/Irvine Boulevard did not allow residents to turn into
their residential tract. He asked staff to investigate removal
of the "No U -Turn" sign at Tustin Ranch Road and Irvine
Boulevard.
3. BICYCLE LANES - EL CAMINO REAL BETWEEN BROWNING AND JAMBOREE
Councilmember Potts requested the installation of a bicycle lane
on E1 Camino Real for the safety of residents accessing the
Tustin Market Place.
4. TILLER DAYS - OCTOBER 12-14, 1990
Councilmember Prescott commended staff, Tiller Days Committee and
Tiller Days Parade Committee for the successful festivities.
Mayor Edgar also commended staff and the Tiller Days Committees
on a job well done and stated those in leadership roles deserved
accolades for their hard work.
S. CENTER MEDIAN PAVEMENT AT CENTENNIAL WAY AND FIRST STREET
Councilmember Prescott requested an update on the unpaved median
areas at Centennial Way and First Street.
6. LAND ACQUISITION ADJACENT TO THE NITRATE REMOVAL PLANT
Councilmember Prescott requested an update on the City's
acquisition of the vacant lot adjacent to the Nitrate Removal
Plant.
7. WATER SYSTEM ANALYSIS WORKSHOP
Mayor Edgar suggested a water system analysis workshop be held
on Monday, November 19, 1990, at 5:30 p.m., to discuss pipe
replacement, reservoir study, rates, percentage of water pumped
from the ground versus the amount purchased by the City from the
Metropolitan Water District, and bond debt payment.
Councilmember Pontious suggested the Water Board be invited to
attend the workshop. Council concurred.
8. UTILITY POLES - MAIN STREET/NEWPORT AVENUE/I-5 FREEWAY
Mayor Edgar suggested undergrounding the utility pole at Main
Street and Newport Avenue at City expense. He suggested the use
of Redevelopment Agency funds and requested staff research the
cost.
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Mayor Edgar additionally questioned when the utility poles on
Newport Avenue south of the I-5 freeway would be removed.
XV. CLOSED SESSION
Mayor Edgar announced the City Council would recess to Closed Session
to meet with its designated representatives regarding labor relations
matters pursuant to Government Code Section 54967.6 and to consider
personnel matters pursuant to Government Code Section 54957.
XVI. ADJOURNMENT
At 8:25 p.m., the meeting recessed to the Redevelopment Agency,
recessed to the above Closed Session and then adjourned to the next
Regular Meeting on November 5, 1990, at 7:00 p.m.
XVII. FOLLOWING CLOSED SESSION
It was moved by Prescott, seconded by Pontious, to adjourn to a
Closed Session on October 29, 1990, at 7:00 p.m., to meet with its
designated representatives regarding labor relations matters pursuant
to Government Code Section 54967.6 and to consider personnel matters
pursuant to Government Code Section 54957.
Motion carried 4-0, Puckett absent.
RICHARD B. EDGAR, MAYOR
MARY E. WYNN, CITY CLERK