HomeMy WebLinkAboutCC MINUTES 1993 08 16I.
II.
IV.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
AUGUST 16, 1993
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Potts at 7:00 p.m. at the
Tustin Area Senior Center, 200 South "C" Street, Tustin,
California. The Pledge of Allegiance was led by Councilmember
Pontious.
INVOCATION
The Invocation was given by Dr. Marj Britt, Unity Church of
Tustin.
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
Rita Westfield, Asst. Dir./Comm. Development
Dana Kasdan, Engineering Services Manager
Robert Ruhl, Field Services Manager
Bettie Correa, Senior Personnel Analyst
Dan Fox, Senior Planner
Susan Jones, Recreation Superintendent
Doug Anderson, Transportation Engineer
Sara Pashalides, Associate Planner
Scott Reekstin, Assistant Planner
Katie Pitcher, Administrative Assistant
Valerie Whiteman, Chief Deputy City Clerk
Approximately 80 in the audience
PUBLIC HEARING
1. ZONING ORDINANCE
93-01 (CITY OF TUSTIN)
Scott Reekstin, Assistant Planner, reported that Assembly Bill
1327, the California Solid Waste Reuse and Recycling Access
(Act), required local agencies to adopt an ordinance by
September 1, 1994, to ensure that adequate areas were
available for collecting recyclable materials in development
projects. He stated the City currently had a recycling
program where all refuse was collected and transported to a
Material Recovery Facility and recyclable materials were
separated from refuse that was to be landfilled. Pursuant to
the guidelines contained in the Act, he summarized available
options including: development and adoption of a City
ordinance; modifying the California Integrated Waste
Management Board's model ordinance; adoption of the Board's
model ordinance without amending it; or take no action
resulting in the model ordinance taking effect on September
1, 1994. He stated that with the characteristics of the
City's recycling program and the advice of the City Attorney's
office, staff was recommending that the City modify the
Board's model ordinance to meet the needs of the community and
also fulfill the requirements of state law; however, if the
City should modify the existing recycling program to source
separation, all development projects would be required to
provide adequate accessible areas for collection of recyclable
materials.
Mayor Potts opened the Public Hearing at 7:05 P.M. There were
no speakers on the subject and the Public Hearing was closed.
CITY COUNCIL MINUTES
Page 2, 8-16-93
It was moved by Thomas, seconded by Saltarelli, to certify the
Negative Declaration as adequate for the project by adopting
the following Resolution No. 93-88:
RESOLUTION NO. 93-88 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION ASADEQUATEFOR ZONING ORDINANCE AMENDMENT 93-01
INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Motion carried 5-0.
It was moved by Puckett, seconded by Thomas, that Ordinance
No. 1111 have first reading by title only. Motion carried 5-0.
Following first reading by title only of Ordinance No. 1111
by the City Clerk, it was moved by Puckett, seconded by
Pontious, that the following Ordinance No. 1111 be introduced:
ORDINANCE NO. 1111 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ESTABLISHING REGULATIONS AND
GUIDELINES RELATING TO AREAS FOR COLLECTING AND LOADING
RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS
Motion carried 5-0.
610-70
2. VESTING TENTATIVE TRACT MAP 14784 (CALIFORNIA PACIFIC HOMES)
Dan Fox, Senior Planner, reported the applicant was proposing
to subdivide a -17.7 -acre. site for development of 150 patio
home dwelling units. He stated the street system and parking
met all development standards, and that due to the site
configuration and construction sequence, the recreation
facility would not begin construction until Phase 5. He said
that the feasibility of mailbox locking devices and Mello Roos
district notification had been included in the conditions of
approval.
Mayor Potts opened the Public Hearing at 7:08 p.m.
The following member of the audience spoke in favor of Vesting
Tentative Tract Map 14784:
Bill Moorhous, California Pacific Homes
There were no other speakers on the subject- and the Public
Hearing was closed at 7:09 p.m.
It was moved by Pontious,-seconded by Thomas,, to approve the
Environmental Determination for the project by adopting the
following Resolution No. 93-86; and approve Vesting Tentative
Tract Map 14784 by adopting the following Resolution No. 93-
87:
RESOLUTION NO. 93-86 - 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 VESTING
TENTATIVE TRACT MAP NO. 14784 AND ALL FEASIBLE MITIGATION
MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 93-87 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP NO. 14784
Motion carried 5-0. 600-70
3. PUBLIC HEARING TO DISCUSS THE PROPOSED CITY OF TUSTIN BUDGET
FOR THE FISCAL YEAR 1993-94
Mayor Potts opened the Public Hearing at 7:10 p.m. There were
no speakers on the subject and the Public Hearing was closed.
CITY COUNCIL MINUTES
Page 3, 8-16-93
William Huston, City Manager, stated staff would present a
resolution, reflecting all budget workshop modifications, at
the September 7, 1993 Council meeting.
It was moved by Puckett. seconded by Saltarelli, to direct
staff to prepare a resolution to adopt the Draft 1993-94
Budget as amended by the City council.
,... Motion carried 5-0. 330-50
XI. REPORTS (Agenda Order)
2. REPORT ON U.S. POSTAL REGULATIONS ON MAILBOXES
Sara Pashalides, Associate Planner, summarized regulations
regarding mailboxes including installation of individual
mailboxes at the curb or behind the sidewalk; lot frontage 75
feet or less did not require mailbox grouping; lot frontage
exceeding 75 feet required group boxes with postal manager
approval of location and equipment; and conditions regarding
locked mailboxes. She said that postal policies for mailbox
location were established to expedite safe mail delivery and
that because of the narrow streets in some new projects such
as the Presidio and patio home developments, mailboxes were
required to be on the main loop. She introduced Tustin
Postmaster Robert Boone who was available for questions.
Mayor Pro Tem Saltarelli stated that residents in new
developments did not have the opportunity for input on issues
affecting their neighborhood including
installation/location/type of mailboxes. He said he had
received numerous phone calls from residents concerned about
the lack of security of their mail and he questioned what
legal basis the postal service used to determine the
type/location of mailboxes in single-family developments with
adequate street sizes. He encouraged the City and the
Postmaster to work together to explore possibilities of
different types of mail delivery.
Postmaster Boone cited the mail delivery codes used by the
postal service as a legal basis, and stated that door-to-door
mail delivery was not a feasible alternative. He said that
he conferred with developers to provide future residents with
convenient and efficient mail service; however, door-to-door
delivery would cause stamp prices to rise and create slower
mail delivery.
Council/Postmaster discussion followed regarding availability
of post office boxes; and established door-to-door delivery.
It was Puckett, seconded by Saltarelli, to receive and file
subject report.
Motion carried 5-0.
V. PUBLIC INPUT
1. AUDIT COMMITTEE APPLICANT
150-40
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, stated he
was an applicant for the Audit Committee; however, he would
be unavailable for the September 7, 1993 interviews and was
available to answer any questions Council desired.
2. SUMMER YOUTH PROGRAM
Fran Combs, on behalf of TEAM, expressed gratitude for the
City's summer youth program.
Mayor Potts stated there would be after-school programs
available and thanked staff for their efforts.
CITY COUNCIL MINUTES
Page 4, 8-16-93
3. SOUTH ALLIANCE STREET
Jean (inaudible last name), TEAM representative, stated that
difficulties in South Alliance Street area were due to
management companies not supporting the efforts of the
resident managers.
Mayor Potts stated that staff had been working with TEAM and
encouraged apartment managers/property owners to join; and
noted that staff was investigating improving the street
sweeping schedule in the area.
William Huston, City Manager, reported that at the August 2,
1993 Council meeting, a TEAM representative stated that some
property owners on Alliance Street were not involved in TEAM
which created a problem in attempting to incorporate efforts
to improve the area. He said staff had met and was working
on developing methods to involve the non-member property
owners and possible consequences for lack of cooperation.
VI. CONSENT CALENDAR
Item No. 4 was removed from the Consent Calendar by Mayor Potts.
It was moved by Puckett, seconded by Thomas, to approve the
remainder of the Consent Calendar as recommended by staff. Motion
carried 5-0.
1. APPROVAL OF MINUTES - AUGUST 2, 1993 REGULAR MEETING AND
AUGUST 5, 1993 SPECIAL MEETING
Recommendation: Approve the City Council Minutes of August
2, 1993 and August 5, 1993.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$1,204,597.40 and ratify Payroll in the amount of
$306,979.11. 380-10
360-82
3. RESOLUTION NO. 93-93 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR
FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM
UNDER THE INTERMODAL SURFACE TRANSPORTATION ACT OF 1991 FOR
THE FOLLOWING PROJECTS: (A) NISSON ROAD AND EL CAMINO REAL
LANDSCAPING ENHANCEMENT PROJECT, 1994-95 FY; AND (B) EDINGER
AVENUE MEDIAN LANDSCAPING ENHANCEMENT PROJECT, 1995-96 FY
Recommendation: Adopt Resolution No. 93-93 authorizing the
City Engineer to submit an applicat-ion, for the Federal,
Transportation Enhancement Activities Program as
recommended by the Public Works Department/Engineering
Division. 390-65
S. RESOLUTION NO. 93-90 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DETERMINING AND ADOPTING AN
APPROPRIATIONS LIMIT FOR THE FISCAL YEARS 1987-1994 IN
ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE
OF CALIFORNIA AND SECTION 7910 OF THE GOVERNMENT CODE
Recommendation: Adopt Resolution No. 93-90 setting the
appropriations limit for fiscal years 1987-1994 as
recommended by the FinanceDirector. 330-50
6. RESOLUTION NO. 93-91 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR
FISCAL YEAR 1994-95 TRANSIT CAPITAL IMPROVEMENT FUNDS
Recommendation: Adopt Resolution No. 93-91 authorizing the
City Engineer to submit an application to Caltrans for
Transit Capital Improvement program funds as recommended by
the Public Works Department/Engineering Division. 390-70
CONSENT CALENDAR ITEM NO. 4 - AMENDMENT TO FIRE STATION NO. 43
REIMBURSEMENT AND IMPLEMENTATION AGREEMENTS (THE IRVINE COMPANY)
Mayor Potts commended staff for developing this agreement
amendment and explained that if financial shortfalls occurred for
the fire station project, The Irvine Company would be responsible.
CITY COUNCIL MINUTES
Page 5, 8-16-93
It was moved by Potts, seconded by Puckett, to authorize the City
Manager to (1) Execute the First Amendment to Fire Station
Construction Implementation Agreement, subject to final approval
of the City Attorney; and (2) Execute the First Amendment to
Reimbursement Agreement for Dedication and Construction of a Fire
Protection Facility and Purchase of a New Engine Pumper, subject
to final approval of the City Attorney.
Motion carried 5-0.
VII. ORDINANCES FOR INTRODUCTION - None
VIII. ORDINANCES FOR ADOPTION
1. ORDINANCE NO. 1114, ZONE CHANGE 93-003 (TUSTIN VILLAGE)
400-10
It was moved bV Pontious, seconded by Thomas, that Ordinance
No. 1114 have second reading by title only. Motion carried
5-0.
Following second reading by title only of Ordinance No. 1114
by the City Clerk, it was moved by Thomas, seconded by Potts,
to adopt the following Ordinance No. 1114:
ORDINANCE NO. 1114 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 93-003
CHANGING THE ZONING DESIGNATION OF THE PARCEL IDENTIFIED AS
ASSESSOR PARCEL NO. 402-261-02 FROM MULTIPLE FAMILY
RESIDENTIAL (R-3) TO PLANNED DEVELOPMENT (PD)
Motion carried 5-0 (roll call vote). 610-60
IX. OLD BUSINESS
1. APPLICANTS FOR COMMISSION/COMMITTEE
Council/staff discussion followed regarding interviewing for
the vacancies versus reviewing the applications; interview
time limit; and not interviewing incumbents.
Council concurred to conduct interviews for
commission/committee vacancies on September 7, 1993, 5:30
p.m., at the City Council Chambers. 120-10
X. NEW BUSINESS 120-20
120-40/50
1. APPLICATION FOR ALLOCATION OF MORTGAGE CREDIT CERTIFICATES
Christine Shingleton, Assistant City Manager, reported that
this item also appeared on the Tustin Redevelopment Agency
agenda. She stated that the Mortgage Credit Certificate
Program was originally authorized by Congress in the Tax
Reform Act of 1984 which was intended to assist first-time
homebuyers in qualifying for purchase of a home. Although
orange County cities began participating in the program in
1990, Tustin did not participate. She highlighted the program
including a 20 percent tax credit of annual principal and
interest payment; application process; proposed $6,000,000.00
allocation; program administration by County of Orange; and
administrative and penalty deposit costs divided between the
South Central and Town Center Redevelopment Project areas.
She noted that this program would benefit the City and the
redevelopment areas.
It was moved by Thomas, seconded by Saltarelli, to authorize
the Community Development Department to prepare and submit to
the County an application to the California Debt Limit
Advisory Committee; adopt the following Resolution No. 93-92
adopting a Mortgage Credit Certificate Program in cooperation
with the County of Orange; authorize the execution of a
cooperative agreement between the County of Orange and the
City to undertake the Mortgage Credit Certificate Program
(Exhibit to Resolution No. 93-92); and adopt the following
Resolution No. 93-94 finding that the Mortgage Credit
CITY COUNCIL MINUTES
Page 6, 8-16-93
Certificate Program will benefit both the Town Center and
South Central Project Areas:
RESOLUTION NO. 93-92 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING A MORTGAGE CREDIT
CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE
RESOLUTION NO. 93-94 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAXES
ALLOCATED FROM THE SOUTH CENTRAL PROJECT AREA AND FROM THE
TOWN CENTER PROJECT AREA FOR THE MORTGAGE CREDIT CERTIFICATE
PROGRAM OUTSIDE THE PROJECT AREAS WILL, BE OF BENEFIT TO BOTH
PROJECT AREAS
Motion carried 5-0.
2. TUSTIN COMMUNITY FOUNDATION
650-05
William Huston, City Manager, reported Council had authorized
formation of a non-profit foundation to raise and expend funds
for programs and projects that benefit, the community. He
stated the Tustin Community Foundation had been granted
foundation status by the State and the final step in the
process was obtaining a federal exemption from the Internal
Revenue Service (IRS); however, the IRS would not grant final
approval until the Board of Directors was appointed and its
officers selected. He explained that the Foundation's Bylaws
stipulated that two members of the Board shall be
Councilmembers and five members shall be selected by Council
by four-fifths vote.
Council discussion followed regarding asking
commission/committee applicants if they were interested in
serving on the Foundation; and advertising for applicants. _
Councilmember Thomas stated that the Foundation would require
applicants with fund-raising experience and considerable time
to invest. He said the Foundation would have high
expectations and goals and supported advertising for
applicants focusing on a fund raising background.
Council concurred to advertise for applicants for the Tustin
Community Foundation and conduct interviews at the September
20, 1993 Council meeting. 125-45
XI. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - AUGUST 9, 1993
It was moved by Thomas, seconded by Saltarelli,._to ratify the
Planning commission Action Agenda of August 9, 1993.
Motion carried 5-0. 120-50
2. REPORT ON U.S. POSTAL REGULATIONS ON MAILBOXES
See page 3.
3. STATUS REPORT: CITIZEN CONCERN REGARDING CHANNELIZATION OF
RIGHT TURN ONLY MOVEMENTS ON RED HILL AVENUE, SOUTHERLY OF
EDINGER AVENUE
It was moved by Thoma
file subject report.
Motion carried 5-0.
4. SPORTS PARK DESIGN UPDATE
to receive and
760-50
It was moved by Thomas, seconded by Saltarelli, to receive and
file subject report.
Motion carried 5-0. 930-30
CITY COUNCIL MINUTES
Page 7, 8-16-93
5. INVESTMENT SCHEDULE AS OF JUNE 30, 1993
It was moved by Thomas, seconded by Saltarelli, to receive and
file subject report.
Motion carried 5-0.
355-50
6. CABLE TELEVISION REGULATION UPDATE
Katie Pitcher, Administrative Assistant, reported that the
Federal government recently enacted the Cable Television
Consumer Protection and Competition Act of 1992. The Act
permitted franchising authorities to regulate rates for basic
cable service only; however, because the same benchmark
formula was used for regulating the rates of other basic
service tiers, the franchising authority may, to some degree
regulate the rates of all tiers. She stated in order to
assert jurisdiction over the basic service tier and equipment
rates, the City must be certified by the Federal
Communications Commission (FCC). The final forms for
franchising authority certification would be available October
1, 1993 and would require the City to certify in writing to
the FCC the following: it would adopt and administer rate
rules consistent with FCC regulations; it had legal authority
to adopt and the personnel to administer the regulations; and
procedural laws and rules governing rate regulations
proceedings by the City provided a reasonable opportunity for
consideration of the views of interested parties.
It was moved by Pontious, seconded by Saltarelli, to direct
staff to apply to the Federal Communications Commission for
certification to regulate cable television rates after
September 1, 1993.
Motion carried 5-0. 800-10
XII. PUBLIC INPUT - None
XIII. OTHER BUSINESS
1. BEAUTIFICATION/GRAFFITI TASK FORCE COMMITTEE MEETING
Councilmember Pontious reminded residents of the
Beautification/Graffiti Task Force Committee meeting on August
17, 1993 and encouraged citizen participation.
2. HAPPY 84TH BIRTHDAY - DOMINIC SALTARELLI
Mayor Pro Tem Saltarelli wished his father, Dominic, a happy
84th birthday.
3. COUNCIL GOAL PLANNING SESSION
Councilmember Thomas noted the Council goal planning session
was set for August 30, 1993, with the location to be
announced.
4. RELOCATION OF COUNCIL MEETINGS
Councilmember Puckett noted this was the last Council meeting
to be held at the Tustin Area Senior Center; the September 7,
1993 meeting would be held in the newly renovated Council
Chambers.
5. TUSTIN HIGH SCHOOL FOOTBALL BOOSTER FUND RAISER
Councilmember Puckett reported on the successful Tustin High
School Football Booster fund raiser.
6. HAPPY 28TH ANNIVERSARY
Councilmember Puckett wished his wife, Donna, a happy 28th
anniversary.
Wit
CITY COUNCIL MINUTES
Page 8, 8-16-93
7. UNDERCOVER GRAFFITI TEAM
Mayor Potts ,reported the California..; Highway Patrol were
working undercover to combat graffiti.
XIV. CLOSED SESSION - None
XV. ADJOURNMENT
Mayor Potts adjourned the meeting at 8:00 p.m. The City Council
had scheduled a Goal Planning Session on August 30, 1993, 5:30
p.m., at an undetermined location; interviews for
commission/committee vacancies on September 7, 1993, 5:30 p.m.,
at the Council Chambers; and the next regular meeting of the
Council was scheduled for Tuesday, September 7, 1993, 7:00 p.m.,
at the Council Chambers, 300 Centennial Way.
JIM P0JTSf MAYOR
MARY E. 4PYNN, TY CLERK