HomeMy WebLinkAboutCC MINUTES 1991 08 05A, --
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
AUGUST 5, 1991
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Puckett 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 Rev. Henry Sellers, First Baptist
Church of Tustin.
III. ROLL CALL
Council Present: Charles E. Puckett, Mayor
Leslie Anne Pontious, Mayor Pro Tem
Richard B. Edgar
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, Assistant City Manager
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Rita Westfield, Asst. Dir./Community Development
Dan Fox, Senior Planner
Susan Jones, Recreation Superintendent
Valerie Whiteman, Chief Deputy City Clerk
Approximately 20 in the audience
IV. PROCLAMATION - VOLUNTEER FIREFIGHTER RECOGNITION DAY, AUGUST 17TH
Mayor Puckett read and presented a proclamation to members of the
Orange County Fire Department declaring August 17, 1991, as
Volunteer Firefighter Recognition Day.
Captain John Gardner and Chief Kevin Brame, representing the
Orange County Fire Department, accepted the proclamation and
thanked the Council for recognizing paid call firefighters, who
represent approximately half of the Orange County Fire Department.
Council was then presented with a poster depicting Orange County
Fire Department services.
CONTINENTAL CABLEVISION COUNCIL MEETING BROADCASTS
Mayor Puckett read a letter from staff indicating Continental
Cablevision had resolved transmission problems occurring during
City Council meeting broadcasts.
Mayor Puckett telephoned Helen Edgar, who verified the broadcast
reception was clear.
V. PUBLIC HEARING
,-••a 1. ZONING ORDINANCE AMENDMENT 91-01
Dan Fox, Senior Planner, reported that Trail -A -Way Mobile Home
Park located at 1782 Nisson Road had an existing density of
14.77 dwelling units per acre, and the maximum permitted
density within the Mobilehome Park District was 10 dwelling
units per acre. Due to the I-5 freeway widening, Caltrans
acquired 1.53 acres of the property for relocation of the
Nisson Road right-of-way, causing the remaining portion of the
parcel to have a resultant density of 16 units per acre. The
proposed amendment provided for the preservation and
continuation of the mobile home park by allowing as many
coaches as physically possible to remain in the event of
right-of-way acquisition.
Mayor Puckett opened the public hearing at 7:10 p.m.
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Page 2, 8-5-91
The following member of the audience commended staff on the
professional handling of this project:
Vickie Talley, Union Bank Trust Department representative,
P. O. Box 109, San Diego
There were no other speakers on the subject and the public
hearing was closed at 7:12 p.m.
It was moved by Edgar, seconded by Pontious, to adopt the
following Resolution No. 91-100 certifying Negative
Declaration for subject project:
RESOLUTION NO. 91-100 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE
DECLARATION AS ADEQUATE FOR ZONING ORDINANCE AMENDMENT 91-01
INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Motion carried 5-0.
It was moved by Edgar, seconded by Pontious, that Ordinance
No. 1075 have first reading by title only. Motion carried 5-0.
Following first reading by title only of Ordinance No. 1075 by
the City Clerk, it was moved by Edgar, seconded by Potts, that
the following Ordinance No. 1075 be introduced:
ORDINANCE NO. 1075 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT 91-01, AN AMENDMENT TO MOBILE HOME PARK
REQUIREMENTS, EXEMPTING CERTAIN PARCELS FROM NONCONFORMING
STATUS RELATED TO DENSITY WHEN THE NONCONFORMITY IS A RESULT
OF ACQUISITION OF PUBLIC RIGHTS-OF-WAY BY A PUBLIC AGENCY --
Motion carried 5-0. 110
VI. PUBLIC INPUT
1. NOISE/AIR POLLUTION - CONTRACTOR'S SITE AT PROSPECT/THIRD
Helen B. Lawrence, 17421 Laurie Lane, Tustin, reported excessive
noise, truck traffic and air pollution caused by construction
contractor's use of the vacant lot at Prospect/Third.
William Huston, City Manager, replied that staff would
investigate the site.
2. ANIMAL MUTILATIONS
Julie Gratian, 13061 Wreath Place, Tustin, stated her concern
regarding animal mutilations in Orange County and requested
increased investigation into the killings.
Council/speaker discussion regarding satanic cult and coyote
killings.
Douglas Franks, Chief of Police, stated that all animal killings
in the City were thoroughly investigated and necropsies had been
performed revealing that other animals were the cause of the
deaths.
3. STREET SWEEPING - ALLIANCE AVENUE
Bonnie Taulaai, representing the Southwest Apartment Managers of
Tustin, requested weekly street sweeping on southerly Alliance
Avenue in an attempt to clean up trash accumulating on the
street.
Mayor Puckett replied that staff would contact her regarding
implementing street sweeping.
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VII. CONSENT CALENDAR
Items No. 6 and 9 were removed from the Consent Calendar by
Councilmember Potts. It was moved by Pontious, seconded by Edgar,
to approve the remainder of the Consent Calendar as recommended by
staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - JULY 15, 1991 REGULAR MEETING
._, Recommendation: Approve the City Council Minutes of July 15,
1991.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$1,460,389.88 and ratify Payroll in the amount of $288,323.82.
50
3. TUSTIN LIBRARY SECOND AMENDMENT TO LEASE
Recommendation: Approve the second amendment to the Tustin
Library lease as recommended by the Community Development
Department. 45
4. REJECTION OF CLAIM NO. 91-20 - CLAIMANT, JANET ROWLANDS; DATE OF
LOSS, 3/5/91; DATE FILED WITH CITY, 5/1/91
Recommendation: Reject subject claim for property damages of 40
an undetermined amount as recommended by the City Attorney.
S. REJECTION OF CLAIM NO. 91-28 - CLAIMANT, STEVE BELLOISE; DATE OF
LOSS, 3/17/91; DATE FILED WITH CITY, 6/26/91
Recommendation: Reject subject claim for personal injury
damages of an undetermined amount as recommended by the City
Attorney. 40
7. FUTURE SPORTS COMPLEX
Recommendation: Refer this matter to the Parks and Recreation
...., Commission as recommended by the Administrative Services
Department. 41
S. RESOLUTION NO. 91-101 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR THE PLACEMENT OF WATER MAINS ON WOODLAND DRIVE, ZIG ZAG WAY
AND "B" STREET, FOR AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 91-101 approving plans
and specifications for subject project and directing the City
Clerk to advertise for bids as recommended by the Public Works
Department/Engineering Division. 86B
10. SALE OF SURPLUS VEHICLES
Recommendation: Receive and file notice of sale of surplus
vehicles as recommended by the Public Works Department/Field
Services Division. 86
11. AWARD OF CONTRACT FOR CONSTRUCTION OF PARKING LOT, STORM DRAIN
AND PARK IMPROVEMENTS FOR COLUMBUS TUSTIN PARK PHASE 2A
Recommendation: Award a contract for construction of parking
lot, storm drain and park improvements for Columbus Tustin
Park Phase 2A to Valley Crest Landscape, Inc., of Santa Ana,
in the amount of $612,000 as recommended by the Community
Services Department.
04-% 12. TENTATIVE TRACT MAP NO. 14397
RESOLUTION NO. 91-102 - 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
85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND
ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE
TRACT MAP 14397 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN
INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
Recommendation: Approve the environmental determination for
the project by adopting Resolution No. 91-102; and
RESOLUTION NO. 91-103 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO.
14397
77
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Recommendation: Approve Tentative Tract Map No. 14397 by
adopting Resolution No. 91-103 as recommended by the Community
Development Department. 99
13. SUPPLEMENTAL BUDGET APPROPRIATION TO THE 1991-92 WATER CAPITAL
IMPROVEMENT PROGRAM
Recommendation: Authorize a budget appropriation to the 1991-
92 Water Service Capital Improvement Program in the amount of
$220,000.00 from the Water Capital Improvement Fund for the
acquisition of the Perfit Property located on the easterly
side of Prospect Avenue between Main and Third Streets as
recommended by the Public Works Department/Water Division. 50
ITEM NO. 6 - BAIL SCHEDULE REVISION FOR TUSTIN CITY CODE
In response to concerns raised by Ms. Taulaai, Councilmember Potts
stated that one component of the Southwest Neighborhood Improvement
Program included an improved bail schedule allowing certain City
officials to issue citations for code violations. The establishment
of the bail schedule would afford an expedient remedy of common code
violations.
It was moved by Potts, seconded by Edgar, to approve the Bail
Schedule Revision to establish fines for certain violations of the
Tustin City Code.
Motion carried 5-0. 82
ITEM NO. 9 - AWARD OF CONTRACT FOR ANNUAL PERFORMANCE OF GRAFFITI
ABATEMENT SERVICES
Councilmember Potts noted that the graffiti abatement service was
also intended to improve conditions of the Southwest Neighborhood
area. --
It was moved by Potts, seconded by Edgar, to award the contract for
annual performance of graffiti abatement services to Graffiti
Removal, Inc., of Commerce, in the amount of $15,450.
Motion carried 5-0.
45
VIII. ORDINANCES FOR INTRODUCTION - None
IX. ORDINANCES FOR ADOPTION - None
X. OLD BUSINESS
1. EL CAMINO REAL - DOWNTOWN PARKING SURVEY
Robert Ledendecker, Director of Public Works, reported the
results of the El Camino Real downtown parking survey:
approximately 89 percent responded; 22 of 33 responding parties
favored 4 hour parking; from the 11 opposed to parking, 3 were
indifferent and the remaining 8 were businesses that had limited
on-site parking and felt any additional time zone would impact
their businesses.
Councilmember Edgar stated that there were no statistics in the
report indicating a serious parking problem, nor had he noticed
inadequate parking on E1 Camino Real.
Council/staff discussion followed regarding Assistance League
parking.
It was moved by Pontious, seconded by Puckett, to direct staff
to install additional "Public Parking" directional signage to
the parking structure on "C" Street for a three month period.
Councilmember Edgar stated he was opposed to the motion because
he believed a portion of E1 Camino Real could have designated
parking.
Motion carried 4-1, Edgar opposed. 74
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Page 5, 8-5-91
2. SELECTION OF PLANNING COMMISSIONERS
Mayor Puckett stated interviews to select Planning Commissioners
were conducted prior to the meeting.
The Council cast their votes for the following candidates:
Alden Baker, Rex Combs, Richard Grace, Amy Greyson, Daniel J.
Lueras, Peter Paul Mendel, Steven Platt, Joseph S. Soter,
William Stracker, Kathy Weil, and Arthur L. Wood.
The votes were cast as follows:
First ballot talley:
Puckett:
Baker,
Weil
Pontious:
Baker,
Weil
Edgar:
Baker,
Combs
Potts:
Baker,
Combs
Prescott:
Combs,
Weil
Alden Baker was appointed to the Planning Commission (4 votes).
Second, third and fourth ballot tallies:
Puckett:
Weil
Pontious:
Weil
Edgar:
Combs
Potts:
Combs
Prescott:
Abstained
It was moved by Edgar, to continue this item to the August 19,
1991 meeting. Motion died for lack of a second.
Fifth ballot talley:
Puckett:
Weil
Pontious:
Weil
Edgar:
Combs
Potts:
Combs
Prescott:
Weil
Kathy Weil was appointed to the Planning Commission (3 votes). 80
3. SELECTION OF PARRS AND RECREATION COMMISSIONERS
Mayor Puckett stated interviews to select Parks and Recreation
Commissioners were conducted prior to the meeting.
The Council cast their votes for the following candidates: Lois
Carr, Chris Cormack, Tina Dearborn, John Kevin Dillon, James
Kane, Steven Platt, Zipora Shifberg-Mencher, Robert Spielmann,
William E. Stracker, and Margarete Thompson.
The votes were cast as follows:
Puckett:
Carr,
Kane, Stracker,
Thompson
Pontious:
Carr,
Kane, Stracker,
Thompson
Edgar:
Carr,
Kane, Stracker,
Thompson
Potts:
Carr,
Cormack, Stracker, Thompson
Prescott:
Carr,
Cormack, Kane,
Thompson
Lois Carr (5 votes), James Kane (4 votes), William Stracker (4
votes), and Margarete Thompson (5 votes) were appointed to the
Parks and Recreation Commission. 76
4. AIRPORT STATUS REPORT
Christine Shingleton, Assistant City Manager, summarized
activities from staff attendance at: House Subcommittee Hearing
on Transportation; Coalition for Responsible Airport Solution;
and Noise Abatement Committee. She also highlighted information
received from the Airport Land Use Commission, and the quarterly
Airport Noise Report.
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Page 6, 8-5-91
It was moved by Prescott, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0. 101
5. 1991-92 DRAFT BUDGET
William Huston, City Manager, reported that the State had
adopted its budget and staff could now identify the impact of
the State budget on the City's general fund. He stated the only
outstanding issues at the State level affecting the City's
budget were the jail booking fee and property tax collection
fee.
It was moved by Edgar, seconded by Potts, to set August 19,
1991, as the date for a public hearing on adoption of the 1991-
92 budget.
Motion carried 5-0. 50
XI. NEW BUSINESS
1. DESIGNATION OF VOTING DELEGATE - LEAGUE OF CITIES ANNUAL
It was moved by Pontious, seconded by Prescott, to nominate
Mayor Puckett as the voting representative for the League of
Cities Annual Conference.
Motion carried 5-0.
It was moved by Pontious, seconded by Edgar, to nominate
Councilmember Prescott as the voting alternate for the League of
Cities Annual Conference.
Motion carried 5-0. 38
XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - JULY 22, 1991
It was moved by Pontious, seconded by Edgar, to ratify the
Planning Commission Action Agenda of July 22, 1991.
Councilmember Prescott questioned if Item No. 5, Conditional Use
Permit 91-10, Design Review 91-07 and Amendment to Conditional
Use Permit 89-25, had been appealed.
Christine Shingleton, Assistant City Manager, replied that it
had been appealed by the applicant.
Motion carried 5-0. 80
2. EDINGER AVENUE/JAMBOREE ROAD GRADE SEPARATION - STATUS REPORT
Councilmember Edgar questioned when Jamboree Road would be open
to Barranca Parkway.
Robert Ledendecker, Director of Public Works, replied the
scheduled opening date was the first week of September, 1991.
It was moved by Edgar, seconded by Pontious, to receive and file
subject report.
Motion carried 5-0. 95
XIII. PUBLIC INPUT
1. RETIREMENT - COMMANDING OFFICER, MARINE CORPS AIR STATION,
TUSTIN
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, stated that
Colonel Johnston, the Commanding Officer at Marine Corps Air
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Page 7, 8-5-91
Station, Tustin, was retiring and requested the City recognize
his support of the community.
Councilmember Potts requested a proclamation be presented to
Colonel Johnston. Council concurred.
XIV. OTHER BUSINESS
1. MARINE CORPS AIR STATION, TUSTIN - CLOSURE
Mayor Pro Tem Pontious noted that the possibility of the City
receiving the Marine Corps Air Station, Tustin, as a "gift" was
questionable.
2. PARRS AND RECREATION/PLANNING COMMISSION APPLICANTS
Councilmember Prescott thanked all applicants for the Parks and
Recreation Commission and the Planning Commission, and stated he
was pleased with the number of candidates applying for the
vacancies.
Mayor Pro Tem Pontious said a number of the candidates recently
moved to Tustin and it was gratifying to know new residents
desired involvement in the community.
3. CONTINENTAL CABLEVISION
Mayor Puckett thanked Continental Cablevision for their efforts
in repairing the Council meeting broadcast problems.
XV. CLOSED SESSION
The City Council recessed to Closed Session to confer with the City
Attorney regarding pending litigation pursuant to Government Code
Section 54956.9(c) (The City Council of the City of Tustin has
decided to file or is deciding whether to file litigation).
XVI. ADJOURNMENT
Mayor Puckett adjourned the meeting at 8:05 p.m. The next regular
meeting of the City Council was scheduled for Monday, August 19,
1991, at 7:00 p.m.
XVII. FOLLOWING CLOSED SESSION - NORTHWOOD V PROJECT
It was moved by Pontious, seconded by Prescott, to authorize and
direct the City Attorney to file a lawsuit against the City of
Irvine challenging the adequacy of the EIR for the Northwood V
project.
Motion carried 4-0, Potts absent.
CHARLES E. PUCKETT, MAYOR
MARY E. , CITg CLERK