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HomeMy WebLinkAboutCC MINUTES 1993 07 06MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JULY 6, 1993 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Potts at 7:06 p.m. at the Tustin Area Senior Center, 200 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Saltarelli. II. INVOCATION The Invocation was given by Rev. Alan Waterson, Aldersgate United Methodist 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 Rita Westfield, Asst. Dir./Comm. Development Rick Brown, Building Official Richard Zimmer, Redevelopment Program Manager Dana Kasdan, Engineering Services Manager Gary Veeh, Water Operations Manager Doug Anderson, Transportation Engineer Susan Jones, Recreation Superintendent Gary Magill, Recreation Supervisor Randy Westrick, Recreation Supervisor Valerie Whiteman, Chief Deputy City Clerk Approximately 20 in the audience IV. PROCLAMATION - PARKS AND RECREATION MONTH Mayor Potts read a proclamation declaring July as Parks and Recreation Month. Susan Jones, Recreation Superintendent, accepted the proclamation and thanked the Council for the recognition. V. PRESENTATION - "TREE GROWS IN TUSTIN" PLAQUE Susan Jones, Recreation Superintendent, unveiled the "Tree Grows in Tustin" plaque recognizing citizens donating trees to the City. Mayor Potts commended the Community Services Department for a successful 4th of July Fireworks Show; and for developing youth programs in the southwest area. PUBLIC HEARING 1. LEVY OF ANNUAL ASSESSMENTS FOR THE 1993-94 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Robert Ledendecker, Director of Public Works, reported in March 1993, Council ordered preparation of an Engineer's Report for the levy of annual assessments for fiscal year 1993-94 for the Tustin Landscape and Lighting District. On May 17, 1993, Council approved the Engineer's Report and declared the City's intention to order the annexation of additional territory to the district and provide an annual levy of assessment for the improvement, maintenance and servicing of public landscaping and lighting facilities. He stated noticing procedures were followed and no protests had been received. CITY COUNCIL MINUTES Page 2, 7-6-93 Mayor Potts opened the Public Hearing at 7:15 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Pontious seconded by Puckett, to adopt the following Resolution No. 93-64: RESOLUTION NO. 93-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1993-94 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Motion carried 5-0. 340-60 VII. PUBLIC INPUT 1. 4TH OF JULY SHOW Helen Edgar, 13622 Loretta Drive, Tustin, commented on the inappropriateness of Elvis Presley music at the 4th of July celebration and the lack of patriotic songs. 2. GRAFFITI COMPLAINT Helen Edgar, 13622 Loretta Drive, Tustin, reported graffiti at the southwest corner of Santa Clara Avenue and Loretta Drive. 3. COMMUTER RAIL STATION Rex Combs, 1642 Roanoke, Tustin, reported on positive community aspects for locating a commuter rail station in Tustin. Councilmember Thomas encouraged residents and homeowner associations to voice their support of the project at a joint Cities of Irvine and Tustin meeting regarding the commuter rail station on July 29, 1993, 6:00 p.m., at the City of Irvine. VIII. CONSENT CALENDAR It was moved by Puckett seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - JUNE 21, 1993 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 21, 1993. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,475,855.16 and ratify Payroll in the amount of $313,088.00. 380-10 360-82 3. CONTRACT EXTENSION FOR BUILDING AND GRADING PLAN CHECKING CONSULTANTS Recommendation: Authorize the City Manager to execute an extension of plan checking consultant contracts with B.S.I. Consultants, Inc.; Hunsaker & Associates, Inc.; Pacesetter Municipal Services, Inc.; Melad & Associates; and G.P.S., Inc. pursuant to the terms noted and subject to the review and approval of the contract amendments by the City Attorney as recommended by the Community Development Department. 400-10 4. RESOLUTION NO. 93-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN PUBLIC WORKS DEPARTMENT RECORDS Recommendation: Adopt Resolution No. 93-67 authorizing the destruction of Public Works Department records as recommended by the Public Works Department/Engineering Division. 170-40 CITY COUNCIL MINUTES Page 3, 7-6-93 5. PRE -PAYMENT OF HATFIELD DEVELOPMENT RULE 15 "DEVELOPERS ADVANCE" Recommendation: Authorize the Finance Director to buy out Hatfield Development's "Developer Advance" Contract for $2,919.00 from the City's Water Enterprise Fund as recommended by the Finance Department. 120-70 6. RESOLUTION NO. 93-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND REPAIR AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, 1992-93 FY, PHASE II Recommendation: Adopt Resolution No. 93-72 accepting the works of improvement and repair and authorizing the recordation of the Notice of Completion for subject project as recommended by the Public Works Department/Engineering Division. 400-45 7. RESOLUTION NO. 93-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 93-4 Recommendation: Adopt Resolution No. 93-68 approving Lot Line Adjustment No. 93-4 as recommended by the Public Works Department/ Engineering Division. 600-35 8. RESOLUTION NO. 93-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE EDINGER AVENUE REHABILITATION BETWEEN JAMBOREE ROAD AND 2410 ± FEET WESTERLY Recommendation: Adopt Resolution No. 93-69 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works r-- Department/Engineering Division. 400-45 RESOLUTION NO. 93-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION, FY 1992-93, SIDEWALK, CURB AND GUTTER REPAIR PROJECT, PHASE ONE AND ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT, PHASE TWO Recommendation: Adopt Resolution No. 93-71 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 10. RESOLUTION NO. 93-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND REPAIR AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR SIDEWALK AND ACCESS RAMPS, SB821 PROJECT 1992-93 FY Recommendation: Adopt Resolution No. 93-70 accepting the works of improvement and authorizing the recordation of the Notice of Completion for subject project as recommended by the Public Works Department/Engineering Division. 400-45 11. RESOLUTION NO. 93-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING AN ENVIRONMENTAL POLICY Recommendation: Adopt Resolution No. 93-63 establishing an environmental policy for the City of Tustin as recommended by the Public Works Department/Engineering Division. 230 -OS IR. ORDINANCES FOR INTRODUCTION - None S. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1112, NON-PROFIT SOLICITATION It was moved by Thomas seconded by Pontious, that Ordinance No. 1112 have second reading by title only. Motion carried 5-0. CITY COUNCIL MINUTES Page 4, 7-6-93 Following second reading by title only of Ordinance No. 1112 by the City Clerk, it was moved by Puckett seconded by Thomas, to adopt the following Ordinance No. 1112: ORDINANCE NO. 1112 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 2 OF THE TUSTIN CITY CODE TO REVISE THE APPLICATION REQUIREMENTS FOR A PERMIT TO SOLICIT DONATIONS FOR CHARITABLE PURPOSES WITHIN THE CITY Motion carried 5-0 (roll call vote). 390-35 2. ORDINANCE NO. 1113, UNIFORM FIRE CODE It was moved by Thomas seconded by Saltarelli, that Ordinance No. 1113 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1113 by the City Clerk, it was moved by Puckett seconded by Pontious, to adopt the following Ordinance No. 1113: ORDINANCE NO. 1113 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SPECIFIC SECTIONS OF ARTICLE 5 OF THE TUSTIN CITY CODE AND ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1991 EDITION, WITH APPENDICES AND THE UNIFORM FIRE CODE STANDARDS, 1991 EDITION, WITH AMENDMENTS THERETO AS THE FIRE PROTECTION REGULATIONS OF THE CITY OF TUSTIN Motion carried 5-0 (roll call vote). %I. OLD BUSINESS 460-50 1. TRAFFIC CONCERNS AT THE INTERSECTION OF BRYAN AVENUE AND EPPING WAY Doug Anderson, Transportation Engineer, reported the Council had expressed concern regarding traffic movements at the intersection of Bryan Avenue and Epping Way. He stated staff had prepared a report addressing these concerns, identified mitigation measures, and recommended modifying the traffic signing and street markings in the area of the Bryan Avenue/Epping Way intersection. Mayor Pro Tem Saltarelli stated his concern with traffic safety at the Bryan Avenue/Epping Wag intersection and questioned the feasibility of restricting/prohibiting the Epping Way left -turn pocket during morning peak hours; utilizing raised pavement markers; and asked how street markings would mitigate traffic problems. Doug Anderson responded that the proposed modified striping and markings in the area would create better visibility and keep the subject intersection clear. He suggested staff meet with the residents in the area prior to prohibiting/restricting left -turn movements from Epping Way. Council/staff discussion followed regarding restricting left - turn movement from Epping Way; restriping advantages; and vehicle stacking area. Mayor Potts suggested modifying the traffic signing/street markings and monitor the area, and if that did not alleviate the problem, meet with residents in the area for their input regarding restriction of the Epping Way left -turn pocket. Mayor Pro Tem Saltarelli strongly voiced his concern with the traffic safety at that intersection and favored restricting left -turn movement from Epping Way during the morning peak hours. CITY COUNCIL MINUTES Page 5, 7-6-93 Councilmember Pontious stated that because of the lack of accident history at that corner she supported staff's recommendation; and if that was unsuccessful, investigate restricting or prohibiting the Epping Way left -turn movement. Councilmember Puckett stated he also supported staff's recommendation and requested staff monitor the intersection for 30-60 days. �-r It was moved by Puckett seconded by Thomas, to direct staff to modify the traffic signing and street markings in the area of the subject intersection as recommended in the study entitled "Traffic Study For The Intersection of Bryan Avenue and Epping Way." Motion carried 4-1, Saltarelli opposed. 760-90 SII. NEW BUSINESS 1. REPORT ON ASSESSMENT DISTRICT DELINQUENCIES Council concurred to receive and file subject report. Council/staff discussion followed regarding the 1992-93 Assessment District 86-2C delinquency amount. 340-50 340-40 2. COUNTY OF ORANGE ALTERNATIVE METHOD OF TAS APPORTIONMENT (TEETER PLAN) Ronald Nault, Director of Finance, reported that the County of Orange would be implementing a new method of property tax distribution, known as the Teeter Plan, and the County was requesting the City participate in the plan. He summarized the County's proposed tax allocation procedure including advantages/disadvantages for the City during years of high and low delinquencies; and advantages for the City in special assessment collections. He stated concern regarding the debt issued by the County to advance funds to cities participating in the plan, and urged monitoring the program before City participation. Council/staff discussion followed regarding interest and penalty collection on delinquent assessments; and bond indenture parameters. William Huston, City Manager, stated that participation in the Teeter Plan would prohibit the City's flexibility in collecting delinquencies because collection would be handled at the County level. Ronald Nault, Director of Finance, noted that the County had Processed this plan so rapidly that it did not allow staff time to collect adequate information to present to Council. It was moved by Thomas seconded by Pontious, to approve non - Participation in the County of Orange Alternative Method of Tax Apportionment (Teeter Plan). Motion carried 5-0. 390-40 Council/staff discussion followed regarding monitoring the entitlement process. XIII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 28, 1993 It was moved by Saltarelli seconded by Thomas, to ratify the Planning Commission Action Agenda of June 28, 1993. Motion carried 5-0. 120-50 CITY COUNCIL MINUTES Page 6, 7-6-93 2. INVESTMENT SCHEDULE AS OF MAY 31j, 1993 It was moved by Saltarelli seconded by Thomas, to receive and file subject report. Motion carried 5-0. 3. FIRE RETARDANT ROOFING 355-50 Rick Brown, Building Official, reported that Council raised concerns regarding the impacts of increasing the City's fire retardant roofing requirements and the impacts of any changes in the regulations on property owners when reroofing a building or a portion of a building. He summarized the current building ordinance roofing requirements; distinction between roofing class types; reroofing of existing residential dwellings; roofing maintenance; hazards of non -rated shake and shingle roofs; material costs for reroofing; and procedure for changing current roofing regulations. Council/staff discussion followed regarding the fire department's opinion that upgrading roofs was more important than fire sprinklers; impact upon apartment owners and homeowners of buildings 10-15 years old when requiring fire retardant roofs; fire department input on this issue; homeowner association CC&R roofing restrictions; distinction between Class A and B roofs; reagendizing this issue in 30-60 days with input from apartment association managers, fire department, Building Industry Association, public, and homeowner associations; cities requiring fire retardant roofing; and staff drafting two alternative ordinances requiring Class A or Class B roofing. It was moved by Pontious seconded by Thomas, to direct staff to submit in 30 to 60 days alternative ordinances for changing current roofing regulations. 260-40 Motion carried 5-0. 4. STATUS REPORT: REQUEST TO REMOVE PARKING RESTRICTIONS ON MYFORD ROAD AND HERITAGE WAY (ARCADA CONDOMINIUM DEVELOPMENT EAST TUSTIN TRACT NO. 13096) It was moved by Saltarelli seconded by Thomas, to receive and file subject report. 770-15 Motion carried 5-0. 5. PETERS CANYON REGIONAL RIDING AND HIKING TRAIL It was moved by Saltarelli seconded by Thomas, to receive and file subject report. Motion carried 5-0. 6. SPORTS PARK DESIGN UPDATE 400-70 It was moved by Saltarelli seconded by Thomas, to receive and file subject report. Motion carried 5-0. 930-30 XIV. PUBLIC INPUT - None RV. OTHER BUSINESS 1. 4TH OF JULY CELEBRATION Mayor Pro Tem Saltarelli, Mayor Potts, and Councilmembers Thomas and Puckett commented on successful, enjoyable 4th of July celebrations including the fireworks show, parade and picnic; and also commended Tustin Meadows volunteers for a successful 4th of July parade. CITY COUNCIL MINUTES Page 7, 7-6-93 Councilmembe parade was attendance. BVI. CLOSED SESSION r Pontious noted that this year's Tustin Meadows the first with all five councilmembers in Mayor Potts announced the City Council would recess to Closed Session pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with Mr. Harold Neher concerning the purchase/sale/exchange/lease of the property located at 13331 and 13333 Foothill Boulevard, Santa Ana, California; to consider personnel matters pursuant to Government Code Section 54957; and to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6. XVII. ADJOURNMENT Mayor Potts adjourned the meeting at 8:30 P.M. The City Council had scheduled a budget workshop on July 19, 1993, 5:30 p.m., at the Tustin Area Senior Center; and the next regular meeting of the City Council was scheduled for Monday, July 19, 1993, 7:00 p.m., at the Tustin Area Senior Center. XVIII. FOLLOWING CLOSED SESSION It was moved and seconded to adopt the following Resolution No. 93-61: RESOLUTION NO. 93-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE INDUSTRIAL DISABILITY OF ANDREW HIGGINS Motion carried 5-0. JIM P BTS, M YOR MARY E. W ,Qi CIT CLERK