HomeMy WebLinkAboutCC MINUTES 1993 12 06MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
DECEMBER 61 1993
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Potts at 7:00 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The
Pledge of Allegiance was led by Mayor Pro Tem Saltarelli.
INVOCATION
The Invocation was given by Associate Pastor Jon Taylor, Hope
Christian Church.
III. ROLL CALL
Council Present: Jim Potts, Mayor
Thomas R. Saltarelli, Mayor Pro Tem
Leslie Anne Pontious
Charles E. Puckett
Jeffery M. Thomas
Council Absent: None
City Clerk: Mary E. Wynn
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Christine Shingleton, Assistant City Manager
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Dir./Com. Development
Richard Zimmer, Redevelopment Program Manager
Bettie Correa, Senior Personnel Analyst
Dan Fox, Senior Planner
Doug Anderson, Transportation Engineer
Susan Jones, Recreation Superintendent
Melissa O'Neal, Recreation Supervisor
Anne Bonner, Associate Planner
Ed Elowe, Project Manager
Valerie Whiteman, Chief Deputy City Clerk
Approximately 30 in the audience
IV. PROCLAMATION - POLICE OFFICER JEFFREY FREI
Mayor Potts read and presented a proclamation to Officer Jeffrey
Frei honoring him for life-saving actions he took during the Las
Campanas Apartment fire.
Barry McKinnon, on behalf of the Las Campanas Apartment complex,
thanked Officer Frei for his heroic efforts.
Officer Frei thanked Council and the apartment residents for the
recognition.
ANNOUNCEMENT
Mayor Potts announced that Boy Scout Troop #756 was in attendance
and welcomed them to the meeting.
V. PUBLIC HEARINGS
1. TENTATIVE TRACT MAP 14800 (THE IRVINE COMPANY)
Dan Fox, Senior Planner, reported the applicant was proposing
subdividing a 30.9 -acre commercial site to create four lots
for commercial and hotel purposes. The Planning Commission
recommended approval of Tentative Tract Map No. 14800 and
approved an amendment to the Concept Plan to accommodate
relocation of the proposed hotel from Sector 12 (the
Costco/Kmart site) to Sector 6. He noted that future specific
site development plans would require staff and Planning
Commission review as part of the East Tustin Specific Plan
Design Review process. He stated that the Orange County Fire
Department had proposed a condition of approval requirement
for signal pre-emption systems at several site locations;
CITY COUNCIL MINUTES
Page 2, 12-6-93
however, staff had determined that emergency vehicle traffic
signal pre-emption was not essential for the safety and
welfare of City residents.
Council/staff discussion followed regarding the Transportation
Demand Management Program requirement; and signal pre-emption
requirement.
Mayor Potts opened the Public Hearing at 7:05 p.m. There were
no speakers on the subject and the Public Hearing was closed.
It was moved by Thomas seconded by Pontious, to approve the
Environmental Determination for the project by adopting the
following Resolution No. 93-131:
RESOLUTION NO. 93-131 - 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 NO. 14800 AND ALL FEASIBLE
MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion carried 5-0.
It was moved by Thomas seconded by Saltarelli, to approve
Tentative Tract Map 14800 by adopting the following Resolution
No. 93-132:
RESOLUTION NO. 93-132 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
14800
Motion carried 5-0. 600-70
2. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD):
COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS)
Anne Bonner, Associate Planner, reported that in March 1993,
the City received notification from the U.S. Department of
Housing and Urban Development that based upon the City's
current population, it was eligible to apply directly to the
Federal government for Community Development Block Grant
(CDBG) program funds as an entitlement community beginning in
1994/95. She stated that under the entitlement program, the
City would receive up to approximately $450,000.00 in CDBG
funds in its first year of application. She said staff had
completed the first requirement of the entitlement program,
the "Comprehensive Housing Affordability Strategy" (CHAS),
comprised of background information, data, goals, policies,
and programs from the City's Housing Element and Comprehensive
Affordable Housing Strategy. She summarized CHAS components
including: Community Profile; Five -Year Strategy; and the
Annual Plan.
Mayor Potts opened the Public Hearing at 7:10 p.m.
The following member of the audience spoke on the lack of
assistance CHAS provided for low income families (4-5 family
members earning less than $13,000.00):
Bob Johnson, 13222 Woodland Drive, Tustin
Anne Bonner responded that the City was aware of the number
of low income families in the area and assistance programs
were available.
There were no other speakers on the subject and the Public
Hearing was closed at 7:15 p.m.
CITY COUNCIL MINUTES
Page 3, 12-6-93
It was _moved by Puckett, seconded by Thomas, to approve the
City's Comprehensive Housing Affordability Strategy (CHAS)
authorizing its submittal to the U.S. Department of Housing
and Urban Development (HUD).
Motion carried 5-0. 650-05
3. RED SILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 14
r�
Robert Ledendecker, Director of Public Works, reported that
designation of Red Hill Avenue Underground Utility District
No. 14 would require removal of poles, overhead wires and
associated overhead structures in the area of Red Hill Avenue
between Copperfield Drive and Nisson Road. Notices of the
Public Hearing were mailed to the nine affected property
owners and utility companies. He stated that to date, staff
had received one written protest from a property owner and a
phone call from a resident who indicated several area property
owners were requesting additional information on the formation
of the district.
Council/staff discussion followed regarding ramifications if
the underground utility district was not formed; underground
utilities priority list; undergrounding utilities along major
roadways; financial assistance for property owners; property
liens; property owners hiring independent contractors to
perform the underground conversion; and the safety of
underground utilities.
Mayor Potts opened the Public Hearing at 7:25 p.m.
The following members of the audience spoke in opposition to
property owner costs related to formation of the Red Hill
Avenue Underground Utility District No. 14:
Karl Kovac, 10761 Skyline Drive, Santa Ana
Berklee Maughan, Tustin
James Rourke, City Attorney, stated that utility
undergrounding on Red Hill Avenue District No. 14 would
benefit the public health, safety, and welfare. He said that
State legislature had determined it was in the best interest
of the State to underground utilities and provisions had been
set forth by State codes that a percentage of utility costs
paid by customers was put into a fund from which the Edison
Company paid its cost of undergrounding conversion. The City
was prohibited from paying for improvements on private
property; the cost had to be paid by the property owner.
Pat Buttress, Southern California Edison, stated that by State
law, Southern California Edison was not allowed to pay for
conversion costs on private property, but could bring the
service to the meter panel within 100 feet from the structure.
She suggested that the residents could request bids from
electricians to perhaps obtain a lower cost than the City's
estimation.
Council/Edison representative/speaker discussion followed
^^ regarding property owners' method of utility conversion
payments; continuing this item to allow further cost research;
enhanced property value due to utility undergrounding;
property owner notification procedures; and determination of
conversion costs.
The following member of the audience stated he had not been
notified by the City and requested this item be continued to
ascertain additional information:
Jim Rems, 14232 Red Hill Avenue, Tustin
Mayor Potts clarified that the speaker had undergrounding and
this cost was for residents who needed to bring new
undergrounding to their panels.
CITY COUNCIL MINUTES
Page 4, 12-6-93
William Huston, City Manager, explained that the costs related
to a utility underground district were a one-time fee to
property owners.
Mike Bedell, Southern California Edison, clarified that nine
residential units required utility underground conversion; and
he summarized the undergrounding procedure and approximate
cost of $200.00 - $300.00 per unit.
Council/Edison representatives/ speaker discussion followed
regarding the cost per residential unit; the City's use of
utility undergrounding allocations; and maintenance of utility
wiring.
There were no other speakers on the subject and the Public
Hearing was closed at 8:05 p.m.
Council/staff discussion followed regarding the City's method
for determining costs incurred by property owners for
undergrounding.
Mayor Potts requested continuing this item to the January 3,
1994 Council meeting to allow further cost study.
Mayor Pro Tem Saltarelli stated the City was attempting to
improve the south Tustin area by redevelopment and police
patrols; but, if the property owners did not want to
underground utilities, other project areas on the priority
list could be initiated. He stated he supported continuing
this item to allow contact with the property owners in the
area and believed utility undergrounding was important to the
health and safety of the residents.
Councilmember Pontious said she supported continuing this item —
and requested staff include information related to homeowner
financial responsibility in future conversion letters.
Council concurred to continue this item. 340-14
RECESS The City Council meeting recessed at 8:07 p.m. and reconvened
at 8:12 p.m.
4. APPEAL OF DESIGN REVIEW 93-023 AND CONDITIONAL USE PERMIT 93-
030 (CITY OF TUSTIN - TUSTIN SPORTS PARK)
Dan Fox, Senior Planner, reported that in September 1993, the
Planning Commission approved a Design Review and Conditional
Use Permit for a proposed 20 -acre community sports park,
including lighting for three softball fields. On October 4,
1993, the Council appealed the Planning Commission's action
to consider expanding the scope of the project to include
additional sport field lighting for two soccer fields and two
basketball courts. He stated the primary objectives in
modifying the lighting system to accommodate the soccer fields
and basketball courts was to provide field lighting ensuring
participant's safety; control light overspill and glare; and
control upward glow. He explained that the proposed design
and lighting equipment would have minimum impact on
neighboring residents and summarized anticipated lighting
level on the ground.
Council/staff discussion followed regarding review of
modifications by the Parks and Recreation Commission.
Mayor Potts opened the Public Hearing at 8:17 p.m.
The following member of the audience spoke on the construction
delay of the Tustin Sports Park:
Jeff Stewart, 2800 Keller Drive #189, Tustin
William Huston, City Manager, reported that the project was
currently out for bid and noted that the park design process
had included extensive public participation and in addition,
CITY COUNCIL MINUTES
Page 5, 12-6-93
the funding shortfall contributed to delays in beginning
construction. He explained that if Council approved the
appeal of the Use Permit for additional lighting, the
appropriation of funding could be included in the current
project bid as an addendum or handled as a separate bid to be
determined at a later date.
Council/speaker discussion followed regarding the City's
expected revenue from softball fields; children safety; and
light pole height.
There were no other speakers on the subject and the Public
Hearing was closed at 8:25 p.m.
It was moved by Saltarelli, seconded by Puckett, to approve
the Environmental Determination for the project by adopting
the following Resolution No. 93-136:
RESOLUTION NO. 93-136 - 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 APPEAL OF DESIGN REVIEW 93-023 AND CONDITIONAL USE
PERMIT 93-030 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN
INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Motion carried 5-0.
930-30
William Huston, City Manager, clarified that if Council
approved the revised Design Review and Use Permit, funding for
the additional lighting would be decided at a future date.
It was moved by Saltarelli, seconded by Puckett, to approve
the Appeal of Design Review 93-023 and Conditional Use Permit
93-030 by adopting the following Resolution No. 93-137:
RESOLUTION NO. 93-137 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN APPEAL OF DESIGN
REVIEW 93-023 AND CONDITIONAL USE PERMIT 93-030 AUTHORIZING
THE CONSTRUCTION OF A 20 ACRE COMMUNITY SPORTS PARK INCLUDING
SPORT FIELD LIGHTING ON THE PROPERTY LOCATED AT 12850 ROBINSON
DRIVE
Motion carried 5-0.
Councilmember Pontious stated that although everyone was
eagerly anticipating construction of this park, she was
concerned with the amount of money required for the additional
lighting because of the State's propensity to take money from
cities to balance the State's budget. She said she would
support this appeal but cautioned that in the future the City
must be conservative and fiscally responsible.
Mayor Potts said he agreed that due to the State taking money
from the City, there were financial uncertainties, but he
assured the residents that the City was financially sound.
He said that it would be less expensive to install the
lighting now due to the economic conditions and that potential
use of the fields at night would generate future revenue.
Mayor Pro Tem Saltarelli stated that the expense for
additional lighting was approximately 4 percent of the park's
budget; the lighting would help prevent injuries to people
utilizing the fields; the park would be used at night when
people were home from work and school; utility fields would
be used at night even without lighting, creating a liability
issue; and he emphasized the need to light the entire park.
He noted that he had been contacted by several soccer groups
who were anticipating the additional lights for the park.
Councilmember Puckett said that installation of tennis court
lights in the Peppertree development had proved to be a
CITY COUNCIL MINUTES
Page 6, 12-6-93
benefit to the community because of the usage, and he agreed
that the additional lighting for the Sports Park would benefit
the entire City.
VI. PUBLIC INPUT
1. FENCE PLACEMENT - FARMER'S MARKET
William Bath, 240 S. Prospect Avenue, Tustin, requested —
reconsideration of the Planning Commission's condition
regarding placement of a fence between his property and the
adjacent property where Farmer's Market would be held, and
requested the processing fee be waived.
Mayor Potts said that the appeal process was closed but
requested that staff investigate the matter.
Christine Shingleton, Assistant City Manager, stated that the
Planning Commission's decision was final and only the adjacent
property owner had the authority to request a review by the
Planning Commission. She stated staff would meet with both
property owners to help negotiate placement of the fence.
Council/staff/speaker discussion followed regarding the
Condition of Approval; staff's meeting with the property
owners, property owner's right to request modification of the
Condition of Approval; and the application processing fee
waiver.
It was moved by Potts seconded by Thomas,_ to waive the
application process fee if the property owner requested
modification of the Condition of Approval.
Motion carried 5-0.
2. TUSTIN RANCH ROAD/IRVINE BOULEVARD LEFT TURN LANE
James Plesetz, 17731 Miller Drive, Tustin, expressed concern
with the left turn arrow movement and peak hour traffic
congestion at Tustin Ranch Road and Irvine Boulevard and
requested a second left turn lane.
Robert Ledendecker, Director of Public Works, responded that
staff would investigate the timing and possible pocket
extension and submit a report at the January 3, 1994 Council
meeting.
Council/staff/speaker discussion followed regarding Tustin
Ranch Road and Irvine Boulevard traffic would be alleviated
with completion of freeway construction; and traffic light
timing.
VII. CONSENT CALENDAR
Item No. 1 was removed from the Consent Calendar by a member of
the audience. It was moved by Puckett seconded by Pontious, to
approve the remainder of the Consent Calendar as recommended by
staff. Motion carried 5-0. —
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$2,123,454.00 and ratify Payroll in the amount of
$307,973.15. 380-10
- 2
3. RESOLUTION NO. 93-133 - A RESOLUTION OF THE CITY COUNCI 60O
THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT
AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR
MODIFICATION OF TRAFFIC SIGNALS AND INTERCONNECT AT MAIN
STREET AND PACIFIC STREET, AT MAIN STREET AND "B" STREET, AND
AT EL CAMINO REAL AND 6TH STREET
Recommendation: Adopt Resolution No. 93-133 accepting said
work and authorizing recordation of the Notice of
Completion as recommended by the Public Works
Department/Engineering Division. 400-45
CITY COUNCIL MINUTES
Page 7, 12-6-93
4. 1994 VACANCIES - COMMISSIONS, COMMITTEES AND BOARDS
Recommendation: Approve 1994 vacancy listing of City
Council -appointed Commissions and Boards as recommended by
the Office of the City Clerk. 120-05
5. RESOLUTION NO. 93-135 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR
THE ANNUAL ASPHALT CONCRETE PAVEMENT REPAIR PROGRAM
Recommendation: Adopt Resolution No. 93-135 approving
specifications for subject project and authorizing
advertisement for bids as recommended by the Public Works
Department/Field Services Division. 400-45
6. RESOLUTION NO. 93-134 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY OF THE TRI -PARTY AGREEMENT, THE GUARANTEE AGREEMENT,
THE FOURTH SUPPLEMENTAL INDENTURE OF TRUST AND THE AMENDMENT
TO THE REMARKETING AGREEMENT RELATING TO ASSESSMENT DISTRICT
NO. 85-1 AND AUTHORIZING CERTAIN RELATED MATTERS
Recommendation: Adopt Resolution No. 93-134 and related
matters contained in Exhibits A through D as recommended by
the Finance Department and Assessment District Bond
Counsel. 340-40
7. RESOLUTION NO. 93-130 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY OF THE GUARANTEE AGREEMENT RELATING TO ASSESSMENT
DISTRICT NO. 86-2 AND AUTHORIZING CERTAIN RELATED MATTERS
Recommendation: Adopt Resolution No. 93-130 executing a
Guarantee Agreement between the City, Citibank, and State
Street Bank regarding Trustee services for Assessment
District No. 86-2 as recommended by the Finance Department
and the Assessment District Bond Counsel. 340-50
8. REQUEST TO UNDERGROUND OVERHEAD UTILITIES - WALNUT AVENUE
Recommendation: Add the Walnut Avenue underground project
to the project list, but not prioritize it at this time and
request staff establish a City-wide needs list for
undergrounding utilities on arterial highways to establish
a supplemental long-term priority list as recommended by
the Public Works Department/Engineering Division. 810-05
CONSENT CALENDAR ITEM NO. 1 - APPROVAL OF MINUTES - NOVEMBER 15,
1993 REGULAR MEETING
The following member of the audience questioned the Closed Session
language in the November 15, 1993 Minutes; and questioned aspects
of the City Manager's contract including salary, taxable reporting
of automobile use, and the inability to access the contract prior
to Council approval:
Berklee Maughan, Tustin
William Huston, City Manager, responded that any personal use of
the vehicle was taxable.
Mayor Potts stated that the Minutes should be corrected to read:
"During Closed Session."
James Rourke, City Attorney, stated approval of the November 15,
1993 Minutes could be modified to reflect the language change, and
he said the City Manager's contract was available to the public.
It was moved by Saltarelli, seconded by Puckett, to approve the
City Council Minutes of November 15, 1993, modified from
"Following Closed Session..." to "During Closed Session...".
Motion carried 5-0.
VIII. ORDINANCES FOR INTRODUCTION - None
IS. ORDINANCES FOR ADOPTION - None
CITY COUNCIL MINUTES
Page 8, 12-6-93
X. OLD BUSINESS
1. APPROVAL OF NOVEMBER 1, 1993 CITY COUNCIL MINUTES
Mayor Potts stated there were three options regarding approval
of the November 1, 1993 Minutes, and gave a brief summary of
Council's discussion during the November 1, 1993 Closed
Session regarding the City Manager's contract and the
confusion about submitting the contract in written form at the
November 15, 1993 Council Closed Session.
Mayor Potts' motion to amend the November 1, 1993 Minutes to
read: "Council concurred to submit the City Manager's
contract in written form at the November 15, 1993 Council
Closed Session" died for lack of a second.
Councilmember Puckett stated he would not support the motion
because he recalled the vote during Closed Session to be 5-0
in favor of approving the City Manager's three-year contract
extension.
Mayor Potts stated that a vote was not taken regarding the
City Manager's contract extension; the only action was Council
concurrence to submit the City Manager's contract in written
form at the November 15, 1993 Council meeting.
Mayor Pro Tem Saltarelli stated that he did not believe
Council was allowed to discuss matters from Closed Session
except for what action was taken. He clearly stated that he
would not discuss Closed Session meetings and requested
clarification from the City Attorney regarding Brown Act
violations.
James Rourke, City Attorney, stated that the Council should
vote on the Minutes, and stated that it was not appropriate
to discuss Closed Session meetings.
Mayor Pro Tem Saltarelli reiterated his refusal to discuss
Closed Session proceedings.
Mayor Potts stated the contract had already been signed and
approved; the problem existed with accuracy of the Minutes.
He suggested reviewing the Closed Session tape before voting
on the Minutes.
Councilmember Thomas stated that he recalled Council
concurrence to approve the contract, not a formal motion and
vote during the Closed Session.
Council/staff discussion followed regarding available options
for modifying the Minutes.
It was moved by Puckett seconded by Pontious, that the
Minutes of the November 1, 1993 meeting submitted by the City
Clerk be revised to read in reference to the Closed Session
of November 1, 1993 as set forth below and the Minutes
approved as so revised:
"Council concurred to approve the Agreement for Extension of
Term of Employment for the City Manager."
Motion carried 3-1, Potts opposed, Saltarelli abstained. 420-05
Mayor Pro Tem Saltarelli stated that he would not discuss
Closed Session meetings and therefore was abstaining from
voting on the issue.
Mayor Potts stated that he opposed the motion because of the
confusion on the issue and that the Closed Session tape
recording should be reviewed by Council before a vote was
taken. He said that all future Closed Session actions would
be a formal motion and vote.
CITY COUNCIL MINUTES
Page 9, 12-6-93
Councilmember Thomas stated he did not agree with Mayor Pro
Tem Saltarelli's abstention on this matter. He stated the
final action of the Closed Session meeting was appropriate to
discuss; however, the actual discussion should not be made
public. He said he did not believe Council was in violation
of the Brown Act.
Mayor Pro Tem Saltarelli responded that his decision to
abstain from voting on the matter was the result of the City
Attorney's opinion regarding discussion of Closed Session
meetings.
%I. NEW BUSINESS
1.
2.
CITIZEN CONCERN - "c" STREET ROADWAY IMPROVEMENTS
Robert Ledendecker, Director of Public Works, reported that
a citizen had raised concerns regarding the condition of "C"
Street north of Mitchell Avenue. He stated the street was
extremely deteriorated because of older street trees that had
outgrown their contained areas causing curb, sidewalk, drive-
way apron and street paving displacement. He stated the
reconstruction of "C" Street had been included in the Five-
year Capital Improvement Program Budget for 1994/95 and noted
that the City had applied for Housing Community Development
Act funds for "C" Street improvements.
It was moved by Puckett, seconded by Pontious, to direct staff
to include the reconstruction of "C" Street, between Mitchell
Avenue and its northerly terminus, within the 1994-95 Capital
Improvement Program subject to availability of funding sources
for the project.
Motion carried 5-0.
730-05
STREET SWEEPING ON THE WEST SIDE OF NEWPORT AVENUE SOUTH OF
SYCAMORE DRIVE
Doug Anderson, Transportation Engineer, reported that staff
had investigated the need for posting of "No Parking For
Street Sweeping" signs at the unposted properties on Newport
Avenue south of Sycamore Avenue. The street section in front
of 14801 and 14811 Newport Avenue were the sections on the
west side of Newport Avenue south of Sycamore Avenue that were
not posted. He stated letters were mailed to the property
owners informing them that the Council would consider this
item and as of this date, the City had received a letter of
support for posting parking restrictions to allow street
sweeping from the property owner at 14801 Newport Avenue.
It was moved by Pontious, seconded by Saltarelli, to post the
two properties at 14801 and 14811 Newport Avenue for street
sweeping on the west side of Newport Avenue south of Sycamore
Drive.
Motion carried 5-0.
3. GRAFFITI REMOVAL AGREEMENT (COUNTY OF ORANGE)
730-65
Christine Shingleton, Assistant City Manager, reported the
City had been notified by the County of Orange regarding
expansion of the County's Graffiti Abatement Program to
include removal of graffiti from private fences/walls that
abut the County's flood control channels. She said this
program was in addition to existing graffiti abatement
programs.
It was moved by Thomas, seconded by Pontious, to authorize the
Mayor to execute the Graffiti Removal Agreement authorizing
the County to remove graffiti in and adjacent to the flood
control channels at no cost to the City.
Motion carried 5-0.
400-70
CITY COUNCIL MINUTES
Page 10, 12-6-93
4. COMPENSATION FOR COMMISSIONERS
Christine Shingleton, Assistant City Manager, reported Mayor
Potts had requested staff conduct a survey to ascertain the
salary ranges for Planning and Parks and Recreation
Commissioners.
Mayor Potts stated he was satisfied that the City's
Commissioners were adequately compensated according to the
information contained in the survey results.
It was moved by Thomas seconded by Saltarelli, to receive and
file subject report.
Motion carried 5-0. 120-40
120-50
%II. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 22, 1993
It was moved by Potts seconded by Thomas, to ratify the
Planning Commission Action Agenda of November 22, 1993.
Motion carried 5-0. 120-50
2. TUSTIN PRIDE COMMITTEE PROGRAM UPDATE
Lucien Bone, Tustin Pride Committee, stated that the Tustin
Pride Committee was formed to promote public interest in
improvement and maintenance of the City; and to initiate,
plan, direct, and coordinate programs which expand community
pride. He summarized activity regarding the Tustin Pride
Committee's project of abandoned shopping carts including:
a California Grocers Association presentation on grocery
market monetary loses from shopping cart theft; individual
markets' responsibility for shopping cart retrieval; 1994
California Grocers Association shopping cart retrieval
program; conviction penalties; informational program
explaining shopping cart theft laws; critical City areas to
be targeted for information dispersal; and he encouraged
citizen participation in the Tustin Pride Committee. He
announced that the Committee met the third Tuesday of each
month at 7:30 p.m., at City Hall.
Councilmembers Thomas and Pontious commended the Tustin Pride
Committee on their participation and enthusiasm.
Councilmember Thomas also requested quarterly update reports.
Councilmember Puckett announced that the Graffiti Task Force
met each month prior to the Tustin Pride Committee at 6:30
p.m.
It was moved by Thomas seconded by Pontious, to receive and
file subject report.
Motion carried 5-0. 120-30
3. TRAFFIC STUDY AT THE INTERSECTION OF EL CAMINO REAL AND ORANGE
STREET
Mayor Potts questioned whether the $2,000.00 traffic study
cost included staff time or was it an independent survey.
Doug Anderson, Transportation Engineer, responded that the
study included traffic and pedestrian counts at the
intersection and all work associated with the study, and was
not exclusively staff time.
Council/staff discussion followed regarding the average cost
of a traffic study; and the feasibility of crosswalk
installation without a traffic study.
Doug Anderson noted that many students crossed in the middle
of the street and did not cross at the signalized intersection
CITY COUNCIL MINUTES
Page 11, 12-6-93
0
XIV.
at Newport Avenue and E1 Camino Real, and it was uncertain
whether crosswalk installation at the subject intersection
would alleviate this problem.
Mayor Potts stated that he did not want to expend the
$2,000.00 for a traffic study if a crosswalk could =be
installed, and requested increased police department
enforcement in the area for vehicles failing to stop for
pedestrians in crosswalks. He suggested the police department
monitor the intersection to ascertain if a crosswalk was
warranted before spending $2,000.00 for the study.
Doug Anderson responded that staff, the police department, and
the school district would jointly submit additional
recommendations.
It was moved by Potts, seconded by Thomas, to receive and file
subject report.
Motion carried 5-0.
760-70
4. TUSTIN SPORTS PARR DESIGN UPDATE
It was moved by Potts, seconded by Thomas, to receive and file
subject report.
Motion carried 5-0. 930-30
5. INVESTMENT SCHEDULE AS OF SEPTEMBER 30, 1993
Councilmember Thomas noted the Orange County Investment Pool
(OCIP) interest rate was 8 percent and questioned whether the
City was investing in OCIP.
Ronald Nault, Director of Finance, responded that the type of
investments with OCIP could not be made under the City's
investment policy.
Council/staff discussion followed regarding investment
guidelines.
It was moved by Potts, seconded by Thomas, to receive and file
subject report.
Motion carried 5-0. 355-50
PUBLIC INPUT
I. COMMENDATION - CITY MANAGER
Richard Edgar, 13622 Loretta Drive, Tustin, spoke in support
of the City Manager's performance and contract.
OTHER BUSINESS
1. CLOSED SESSION - LABOR NEGOTIATIONS
William Huston, City Manager, requested a Closed Session for
labor negotiations.
2. CLOSED SESSION - PENDING LITIGATION
James Rourke, City Attorney, requested a Closed Session
regarding pending litigation.
3. COMMENDATION - TUSTIN TODAY SHOPPING AND BUSINESS SECTION
Councilmember Pontious commended staff on Tustin Today's
Shopping and Business section.
4. ASSESSMENT DISTRICT BOND REFINANCING
Mayor Pro Tem Saltarelli requested the status on refinancing
bonds for Assessment Districts 85-1 and 86-2.
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CITY COUNCIL MINUTES
Page 12, 12-6-93
William Huston, City Manager, responded that an analysis had
been prepared and would be provided to Council.
5. TUSTIN/FOOTHILL HIGH SCHOOL FOOTBALL
Mayor Pro Tem Saltarelli commended Tustin and Foothill High
School Football teams on successful seasons.
6. TREE LIGHTING CEREMONY
Councilmembers Thomas and Puckett commended staff on the Tree
Lighting Ceremony.
7. TOWN HALL MEETING - JANUARY 11, 1994
Councilmember Thomas suggested the Town Hall meeting scheduled
for January 11, 1994, be held in Tustin Meadows.
S. FIRE PREVENTION - PETERS CANYON/NORTH TUSTIN
Councilmember Thomas requested a staff report at the January
3, 1994 Council meeting regarding fire safety clearance of
sagebrush in Peters Canyon and North Tustin areas.
9. PROCLAMATION FRAME
Mayor Potts requested Robert "Barney" LaBarge receive a frame
for his proclamation. Council concurred.
10. CANCELLATION OF DECEMBER 20, 1993 COUNCIL MEETING
Mayor Potts questioned if the Council meeting would be held
on December 20, 1993.
Council concurred to cancel the December 20, 1993 Council
meeting.
11. HAPPY HOLIDAYS
The Council wished everyone happy holidays and a prosperous
new year.
XV. CLOSED SESSION
Mayor Potts 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 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.
XVI. ADJOURNMENT
Mayor Potts adjourned the meeting at 10:00 p.m. The next regular
meeting of the City Council was scheduled for Monday, January 3,
1994, 7:00 p.m., at the Council Chambers, 300 Centennial Way.
JIM P TTS, MAYOR
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MARY E. W,JN, CITY C °RX