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
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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.
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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
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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