Loading...
HomeMy WebLinkAboutCC MINUTES 1993 03 01MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 1, 1993 Z. CALL TO ORDER/PLEDGE OF ALLEGIANCE IV. V. The meeting was called to order by Mayor Pontious at 7:04 p.m. at the Tustin Area Senior Center, 200 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. INVOCATION The Invocation was given by Rev. Henry Sellers, First Baptist Church of Tustin. ROLL CALL Council Present: Leslie Anne Pontious, Mayor Jim Potts, Mayor Pro Tem Charles E. Puckett Thomas R. Saltarelli Jeffery M. Thomas Council Absent: None City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney 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 Bettie Correa, Senior Personnel Analyst Dan Fox, Senior Planner Robert Ruhl, Field Services Manager Gary Veeh, Water Services Manager Susan Jones, Recreation Superintendent Doug Anderson, Transportation Engineer Randy Westrick, Recreation Supervisor Valerie Whiteman, Chief Deputy City Clerk Approximately 30 in the audience - PEACE OFFICER DRIVING AWARDS PRESENTED BY THE AUTOMOBILE CLUB Don Lippert, Automobile Club of Southern California representative, explained that the Peace Officer Safe Driving Award was presented to police officers who had driven for five consecutive years without an accident, and stated that 27 Tustin Police Officers had been recognized for their outstanding driving records. Douglas Franks, Chief of Police, thanked the Automobile Club for the awards and stressed the importance of safe driving as part of a police officer's duty. Mayor Pontious and Chief Franks presented awards to the following officers in attendance: Jeffrey Beeler, Charles Carvajal, William Fisher, Tara Cyr, Joseph Garcia, Christine George, Steve Lewis, David Kreyling, James Peery, Bernard Rowe, Larry Seja, Joseph Stickles, George Vallevieni, Mike Velko, and Patrick Welch. PUBLIC HEARING 1. CODE 92-005 (SMART SMR) Dan Fox, Senior Planner, reported the Federal Communications Commissions had authorized the applicant, Smart SMR of California, to construct and operate the first dual-purpose digital mobile radio system in the United States. The Tustin City Code allowed public utilities in all zoning districts; but, to be considered a public utility, a provider must obtain a Certificate of Public Convenience and Necessity (CPCN) from the State Public Utilities Commission. He stated the Zoning Code, Specific Plans, and Planned Community District Regulations did not contain provisions for regulation of the CITY COUNCIL MINUTES Page 2, 3-1-93 proposed use. The proposed amendments would allow antennas, support structures, and accessory equipment buildings or enclosures operated for a use not granted a CPCN, and located at least 1,000 feet from residential zoned property, in the specified industrial districts, subject to the approval of a conditional use permit. He said the Planning Commission approved the proposed use permit; however, staff received a letter from the applicant appealing the Planning Commission's action regarding elimination of the antenna provisions from the Planned Industrial (PM) District, located at Sixth/"B" Street and the 1,000 foot distance from residential property. He noted that the Planning Commission had reviewed the appeal, upheld their previous action, and the applicant had not attended the appeal hearing. Council/staff discussion followed regarding exclusion of the Pacific Center East Specific Plan from the proposal; prohibiting antennas in the PM district of Sixth/"B" Street; minimum restriction from residential property; and applicant's absence from Planning Commission appeal hearing. Mayor Pontious opened the Public Hearing at 7:20 p.m. There were no speakers on the subject and the Public Hearing was closed. Mayor Pontious stated that she supported the conservative 1,000 foot antenna placement restriction and suggested reviewing the conditions in 3 to 5 years if necessary. It was moved by Puckett, seconded by Saltarelli, to certify the Negative Declaration as adequate for the project by adopting the following Resolution No. 93-18: RESOLUTION NO. 93-18 - A RESOLUTION OF THE CITY COUNCIL OF THE —, CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 92-005 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Puckett, seconded by Potts, that Ordinance No. 1097 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1097 by the City Clerk, it was moved by Puckett, seconded by Potts, that the following Ordinance No. 1097 be introduced: ORDINANCE NO. 1097 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 9 OF THE TUSTIN CITY CODE AND TWO PLANNED COMMUNITY DISTRICT REGULATIONS TO ALLOW CERTAIN ANTENNAS Motion carried 5-0. VI. PUBLIC INPUT 610-40 1. STATUS - LIST OF CITY CONTRACTS AWARDED WITHOUT OPEN BID PROCESS Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin, questioned the status of her request to receive a list of all City contracts not submitted to open bids, and requested that the list also reflect original contract award dates. William Huston, City Manager, responded that staff was preparing the list which would include all informal/formal bids and Request for Proposals and it would be available prior to the March 15, 1993 Council meeting. He stated that additional research would be required to ascertain original contract award dates. Mayor Pontious stated she would obtain a future consensus of the Council to determine if staff time should be expended for the additional work required. CITY COUNCIL MINUTES Page 3, 3-1-93 Councilmember Thomas said staff was preparing a policy/procedure for the orderly and timely public acquisition of City documents. 2. CREDIT CARD AUDIT Charlie Mack, 13202 Wickshire, Tustin, requested an audit of the nine City credit cards not included in the recent audit of Police credit cards. Mayor Pro Tem Potts responded that an internal audit of the remaining credit cards was in progress. Mayor Pontious noted the recent audit conducted by Diehl, Evans and Company, cost the City $13,000.00 and it was cost efficient to conduct the audit internally. 3. REQUEST "NOT THROUGH STREET" SIGN - TUSTIN VILLAGE WAY/ALLIANCE Donna Wilson, 15500 Tustin Village Way #117, Tustin, requested a "Not Through Street" sign be installed at Tustin Village Way and Alliance Avenue to prevent property damage to the Tustin Village Condominium development caused by vehicles attempting to turn around on Tustin Village Way. Robert Ledendecker, Director of Public Works, responded a sign would be installed next week. 4. TRASH CONTRACT - BID PROCESS Hank Egigian, 5 Star Rubbish Service representative, attempted to speak on the trash contract and bid process. Mayor Pontious stated that Council had voted on the matter and any further concerns or statements should be submitted to the Council in writing. VII. CONSENT CALENDAR It was moved by Potts, seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - FEBRUARY 16, 1993 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 16, 1993. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,750,969.50 and ratify Payroll in the amount of $307,587.48. 380-10/360-82 3. RESOLUTION NO. 93-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS, DOCUMENTS, AND PAPERS IN THE POSSESSION OF THE CITY CLERK'S OFFICE OF THE CITY OF TUSTIN NO LONGER REQUIRED FOR THE CONDUCT OF CITY BUSINESS PURSUANT TO THE AUTHORITY GRANTED BY SECTIONS 14811, 14821, 14971, AND 14981 OF THE ELECTIONS CODE OF THE STATE OF CALIFORNIA Recommendation: Adopt Resolution No. 93-12 approving destruction of specified documents pertaining to the April 14, 1992 General Municipal Election as recommended by the City Clerk's Office. 170-40 4. RESOLUTION NO. 93-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK AND WHEELCHAIR RAMPS - SB 821 PROJECT, 1992-93 FY Recommendation: Adopt Resolution No. 93-20 approving the plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 400-45 5. RESOLUTION NO. 93-19 - 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 WATER MAIN RELOCATION ON FIRST STREET OVERPASS AT SR -55 FREEWAY, PROJECT NO. 600082, PHASE TWO CITY COUNCIL MINUTES Page 4, 3-1-93 Recommendation: Adopt Resolution No. 93-19 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/ Engineering Division. 400-45 6. REIMBURSEMENT AGREEMENT - RECLAIMED WATER FACILITIES IN TUSTIN RANCH ROAD AND THROUGH THE I-5 BRIDGE Recommendation: Approve the reimbursement agreement between the Irvine Ranch Water District and the City of Tustin for construction of Reclaimed Water Facilities in Tustin Ranch Road and through the I-5 Freeway overpass, subject to the City Attorney's review and approval, as recommended by the Public Works Department/Engineering Division. 400-65 7. RESOLUTION NO. 93-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF CONFIDENTIAL EMPLOYEES Recommendation: Adopt Resolution No. 93-21 concerning compensation of confidential employees as recommended by the City Manager. 520-20 S. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN MUNICIPAL EMPLOYEES ASSOCIATION Recommendation: Authorize the City Manager to execute the Memorandum of Understanding with the Tustin Municipal Employees Association as recommended by the Administrative Services Department. 540-40 400-10 VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. CITY OF TUSTIN RESOLUTION NO. 93-17 AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF NOT TO EXCEED $12,000,000 AGGREGATE PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION Ronald Nault, Director of Finance, reported that included with the staff report was an analysis from Lora Stovall, Bartle Wells Associates, regarding variable versus fixed rates, negotiated versus competitive bid sales, and an explanation of documents including: Preliminary Official Statement, Notice of Sale and Notice of Intention, Installment Purchase Agreement, Trust Agreement, Assignment Agreement, and Escrow Agreement. He stated that with Council authorization, staff would prepare the notice inviting bids for the purchase of Certificates of Participation for the water system improvements. It was moved by Thomas seconded by Saltarelli, to adopt the following Resolution No. 93-17: RESOLUTION NO. 93-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE INVITATION OF PROPOSALS FOR THE PURCHASE OF NOT TO EXCEED $12,000,000 AGGREGATE PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION OF SAID CITY; APPROVING THE NOTICE INVITING BIDS AND THE NOTICE OF INTENTION TO SELL CERTIFICATES; AND AUTHORIZING THE DELIVERY OF THE PRELIMINARY OFFICIAL STATEMENT AND THE PUBLICATION OF THE NOTICE OF INTENTION TO SELL CERTIFICATES AND THE NOTICE INVITING BIDS Motion carried 5-0. 350-05 2. TUSTIN COMMUNITY FOUNDATION William Huston, City Manager, reported that the final draft of the Tustin Community Foundation Bylaws had been amended to include: selection procedure for the Board of Directors; titles of officers; and approval of amendments by Council. Mayor Pontious proposed that Councilmember Thomas be listed as the Incorporator of the foundation. CITY COUNCIL MINUTES Page 5, 3-1-93 It was moved by Puckett, seconded by Thomas, to approve the Bylaws of the Tustin Community Foundation; and list Councilmember Thomas as the Incorporator. Motion carried 5-0. 125-45 Council/staff discussion followed regarding length of time for filing the documents with the Secretary of State. 3. AIRPORT STATUS REPORT It was moved by Potts, seconded by Puckett, to receive and file subject report. Motion carried 5-0. 690-10 4. REQUEST TO REMOVE PARKING RESTRICTIONS ON MYFORD ROAD AND HERITAGE WAY (ARCADA CONDOMINIUM DEVELOPMENT - EAST TUSTIN TRACT NO. 13096) Mayor Pontious announced at the request of resident James Barnes, this item be continued to allow staff and residents to develop acceptable parking alternatives. It was moved by Potts. seconded by Thomas, to table this item. Motion carried 5-0. 770-15 XI. NEW BUSINESS 1. RECOMMENDATIONS FOR FUTURE TUSTIN TILLER DAYS Randy Westrick, Recreation Supervisor, reported that staff received a letter from Tustin Tiller Days Chair, Jim Carr, indicating that the Tustin Tiller Days Committee's Executive Council and Board of Directors had resigned from participation in Tiller Days activities. He stated staff recommended the appointment of a Blue Ribbon Committee to reorganize future Tiller Days events and proposed scheduling the 1993 festival as a one -day event to coincide with the dedication of the Civic Center. Mayor Pro Tem Potts requested proclamations for Tiller Days Committee and the Executive Council. Council concurred. It was moved by Potts, seconded by Thomas, to limit the 1993 Tiller Days celebration to include only the parade and a one -day festival to coincide with the dedication of the Civic Center; and establish a Blue Ribbon Committee to study Tiller Days and provide recommendations for future Tiller Days events. Council/staff discussion followed regarding holding the event in October to maintain tradition. Mayor Pontious volunteered to serve on the Blue Ribbon Committee, and clarified that the Tustin Tiller Days Parade would still be held. Motion carried 5-0. 125-70 2. CITIZEN REQUEST FOR MODIFICATION TO ON -STREET PARKING RESTRICTIONS ALONG EL CAMINO REAL AND SIXTH STREET IN THE DOWNTOWN AREA Doug Anderson, Transportation Engineer, reported that at the February 1, 1993 Council meeting, resident Richard Edgar requested modified parking restrictions along the east side of E1 Camino Real between Sixth Street and the driveway at 441-461 E1 Camino Real to allow an extended parking period to accommodate Tustin Assistance League meetings. He stated staff conducted a parking study of the area revealing that if on - street parking restrictions were modified to allow longer parking periods, the adjacent land use impacts would be minimal due to undeveloped property along the street; however, the CITY COUNCIL MINUTES Page 6, 3-1-93 parking should be re-evaluated upon development of the vacant property. Staff recommended removal of the on -street parking restrictions on E1 Camino Real and Sixth Street and implementation of on -street parking restrictions consistent with those installed for Tustin Garage. It was moved by Potts seconded by Thomas, to modify parking along E1 Camino Real and Sixth Street in the downtown area to include: removal of the existing two-hour time restricted parking limits along the east side of E1 Camino Real between Sixth Street and the driveway at 441-461 E1 Camino Real (Assistance League); removal of the existing two-hour time restricted parking limits along the north side of Sixth Street between E1 Camino Real and the east property limit of the current vacant lot on the north-east corner of E1 Camino Real/Sixth Street; and installation of signs in the aforementioned area restricting any on -street parking from 10:00 p.m. to 5:00 a.m. Motion carried 5-0. 770-15 The following member of the audience noted that the Assistance League occasionally conducted meetings/events past the 10 p.m. parking restriction and questioned if the limitation could be modified: Gayle Ackerman, 14752 Foxcroft Road, Tustin Mayor Pro Tem Potts responded that when the Assistance League held events continuing past 10 p.m., to notify staff and a parking variance would be granted. 3. FIRE PROTECTION DISTRICT - PHASE III STUDY William Huston, City Manager, stated that staff recommended authorization to participate in Phase III of the fire protection district. He reported the Council had authorized the City's participation in a study concerning the feasibility of creating a fire protection district and the first two phases of the study revealed it was economically and organizationally feasible to create a fire protection district. The district would be administered by the County and twelve cities in the structural fire fund. The City would contract with the fire district for three years and have the option of continuing to contract with the district or become a full member of the district requiring a portion of the City's property tax rate be allocated to the district. The City participated in negotiations with the County over the past eighteen months and an agreement, in principal, had been reached regarding: transfer of assets; risk management/liability; transfer of property taxes to the district; and services to be provided. He stated that because of the January 1, 1994 formation deadline, it was necessary to proceed with Phase III of the study. Phase III would handle the processing of an application through the Local Agency Formation Commission, processing special state legislation concerning the transfer of property taxes to the district and development of a transition plan. Mayor Pontious stated she had been involved with the formation of the fire district from the beginning, was impressed with the level of planning that had occurred, and supported staff's recommendation. It was moved by Pontious seconded by Potts, to authorize the City to participate in Phase III of the fire protection district study. Motion carried 5-0. 4. FIRE CONTRACT 400-10 William Huston, City Manager, reported the City was currently participating in negotiations to create a fire district with implementation expected January 1, 1994. Extension of the fire CITY COUNCIL MINUTES Page 7, 3-1-93 contract with the County through June 30, 1994 would provide a six-month overlap and afford the City sufficient time to assess the cost -benefits of continuing to contract with the fire district, becoming a member of the fire district, or pursuing other options. It was moved by Thomas, seconded by Saltarelli, to approve Amendment #3 to the agreement between the City and the County for fire suppression and paramedic services. Motion carried 5-0. 400-70 XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 22j, 1993 It was moved by Puckett, seconded by Saltarelli, to ratify the Planning Commission Action Agenda of February 22, 1993. 120-50 Motion carried 5-0. 2. SPORTS PARR MASTER PLAN UPDATE It was moved by Thomas, seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. 930-30 3. STREET LIGHTING AT THE NEWPORT AVENUE/MAIN STREET INTERSECTION It was moved by Saltarelli, seconded by Thomas, to receive and file subject report. Motion carried 5-0. 730-55 ;XIII. PUBLIC INPUT - None SIV. OTHER BUSINESS I. CLOSED SESSION - PERSONNEL/LITIGATION MATTERS William Huston, City Manager, requested a Closed Session on personnel matters. James Rourke, City Attorney, requested a Closed Session on litigation matters. 2. MAYOR'S RESPONSE TO SPEAKER Councilmember Saltarelli commended Mayor Pontious on her position and response to speaker Hank Egigian, 5 Star Rubbish Service, and noted that the Council would proceed as they deemed appropriate not as outside vendors dictated. 3. TRASH CONTRACT BIDS Mayor Pro Tem Potts noted that the trash contract would be a sealed bid process. 4. CUSTOMER SERVICE EVALUATION Mayor Pro Tem Potts reported the building permit customer service evaluation revealed a 93% satisfaction rate. S. CITY DOCUMENT ACCESS POLICY Councilmember Thomas clarified that his purpose for requesting a policy for obtaining City documents was to insure that the public received information/material in an orderly and timely manner. CITY COUNCIL MINUTES Page 8, 3-1-93 6. TUSTIN NIGH SCHOOL BASKETBALL TEAMS Councilmember Puckett reported the Tustin High School Girls and Boys basketball teams had successful seasons. 7. PENALTIES - GRAFFITI VANDALS Mayor Pontious reported on fines, penalties, and sentences that would be imposed by the District Attorney on taggers/graffiti vandals. XV. CLOSED SESSION Mayor Pontious 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 Harold Neher concerning the rights/purchase/sale/exchange/lease of the property located at 13331 Foothill Boulevard, Santa Ana; regarding negotiations with U & M Incorporated concerning the rights/purchase/sale/ exchange/lease of the property located at 240 East Third Street, Tustin; and to confer with the City Attorney regarding threatened litigation by Mr. & Mrs. Lee, pursuant to Government Code Section 54956.9(b)(1); and pursuant to Government Code Section 54956.9(c), regarding initiation or deciding whether to initiate litigation concerning proposed jail facility on Marine Corps Air Station, Tustin; and to consider personnel matters pursuant to Government Code Section 54957. XVI. ADJOURNMENT Mayor Pontious adjourned the meeting at 8:00 p.m. The City Council had scheduled a joint meeting with the Tustin Unified School District Board of Education on March 11, 1993, 6:00 p.m., at the Tustin Area Senior Center; and the next regular meeting of the City Council was scheduled for Monday, March 15, 1993, 7:00 p.m., at the Tustin Area Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. NN, CITY CLERK