HomeMy WebLinkAboutCC MINUTES 1993 02 16MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 16, 1993
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Pontious at 7:00 p.m. at
the Tustin Area Senior Center, 200 South "C" Street, Tustin,
California. The Pledge of Allegiance was led by Mayor Pro Tem
Potts.
II. INVOCATION
The Invocation was given by Rev. Norman Ford, First Baptist Church
of Irvine/Tustin.
III. 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
Christine Shingleton, Assistant City Manager
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Robert Ruhl, Field Services Manager
Gary Veeh, Water Operations Manager
Doug Anderson, Transportation Engineer
Bettie Correa, Senior Personnel Analyst
Susan Jones, Recreation Superintendent
Melissa O'Neal, Recreation Supervisor
Valerie Whiteman, Chief Deputy City Clerk
Approximately 50 in the audience
IV. PRESENTATION - POLICE OFFICER DRIVING AWARDS PRESENTED BY THE
AUTOMOBILE CLUB
Mayor Pontious announced that at the request of the Automobile
Club, this item would be continued to the March 1, 1993 Council
meeting.
V. PROCLAMATION - JANET SCHWARTZ, FORMER SENIOR ADVISORY BOARD MEMBER
Mayor Pontious read and presented a proclamation to Janet
Schwartz, former Senior Advisory Board Member, recognizing her
service to the community.
Janet Schwartz accepted the proclamation and thanked the Council
on behalf of all community volunteers.
VI. PUBLIC HEARING
1. APPEAL OF CONDITIONS OF APPROVAL FOR AN
CONDITIONAL USE PERMIT 92-31
TO
Christine Shingleton, Assistant City Manager, reported that
in September 1992, the Planning Commission approved the Master
Sign Plan for the Tustin Heights Shopping Center located at
1076-1222 Irvine Boulevard, but denied a request to modify the
existing 60 foot high pole sign. In an attempt to reach a
compromise on the height of the pole sign, the applicant
submitted an amendment to the conditional use permit
requesting two center identification monument signs and an
alternative pole sign design. On January 11, 1993, the
Planning Commission denied the request for a 30 foot high pole
sign to replace the existing non -conforming sign but approved
a deviation from the Sign Code authorizing the construction
of two center identification monument signs. On January 18,
1993, an appeal was received from the applicant regarding the
original conditions of approval.
CITY COUNCIL MINUTES
Page 2, 2-16-93
Mayor Pontious opened the Public Hearing at 7:05 p.m.
The following members of the audience spoke in favor of
amendment to Conditional Use Permit 92-31:
Jim Wood, RREEF Management
Brian Wolfe, Musil Perkowitz Ruth, Inc.
The following member of the audience spoke in support of
attractive signage at the Tustin Heights Shopping Center:
Richard Edgar, 13622 Loretta Drive, Tustin
There were no other speakers on the subject and the Public
Hearing was closed at 7:12 p.m.
Councilmember Saltarelli requested assurance that if Council
approved the 30 foot sign, the base of the sign would be
landscaped.
Brian Wolfe responded that landscaping throughout the center
would be enhanced, including the base of the monument sign.
Council/staff discussion followed regarding landscape review,
and clarification of the Planning Commission's recommendation.
Councilmember Saltarelli stated he believed the remodeling of
the center would enhance the area and he supported the
applicant's request for a 30 foot high pole sign, which was
a substantial reduction from the existing 60 foot sign, and
two center monument signs with one -tenant identification.
Council/staff discussion followed regarding sign visibility;
tree height and maintenance, and landscape of the center. --
Councilmember Puckett said the existing 60 foot sign was
blocked by trees and the 30 foot high sign would aid
visibility because it would be below the foliage, and stated
he supported approval of the 30 foot high pole sign. He noted
the future opening of Longs Drug and believed it would
increase business and benefit the center.
Mayor Pontious questioned whether a condition of approval
could stipulate that future remodeling of the center would
require sign conformance; and she voiced her concern that
approval of the 30 foot sign would set a precedent for other
centers.
Christine Shingleton, Assistant City Manager, stated that
because of the center's unusual length and street setback, the
sign size would not set a precedent.
Councilmember Saltarelli stated that if this was a new center
he would not support an amendment to the sign size.
Mayor Pontious stated that because of the center's unique size
and setback, she would support approval of the 30 foot sign,
but she stressed the importance of City-wide sign code
conformance.
It was moved by Saltarelli, seconded by Thomas, to modify the
Planning Commission's action related to Condition 1.3 and 1.5
of Planning Commission Resolution No. 3111M; and approve
construction of a new 30 feet high, 160 square feet copy area
pole sign at Tustin Heights Shopping Center located at 1076-
1222 Irvine Boulevard by adopting RESOLUTION NO. 93-10A.
Council/staff discussion followed regarding tenant
identification on the pole sign.
Mayor Pontious clarified that the action would include a major
tenant identification on the monument signs.
Motion carried 5-0. 610-40
CITY COUNCIL MINUTES
Page 3, 2-16-93
VII. PUBLIC INPUT
1. MODIFY PARKING EL CAMINO/SIXTH STREET (ASSISTANCE LEAGUE)
Richard Edgar, 13622 Loretta Drive, Tustin, questioned the
status of his request to modify parking on E1 Camino Real and
Sixth Street to accommodate the Assistance League.
Mayor Pontious responded that this item was scheduled to be
agendized at the March 1, 1993 Council meeting.
2. FINANCIAL SUPPORT - TUSTIN HIGH GRAD NITE
George Salapski, Tustin High School Grad Nite Committee,
requested City financial support for the 1993 Tustin High
School Grad Nite activity.
Mayor Pontious reported that a City -sponsored "garage sale"
event was scheduled in May to assist non-profit groups with
fundraising.
Council concurred to take action during discussion of the Mid -
Year Budget (New Business No. 2).
3. POOR QUALITY -
CABLE CITY COUNCIL BROADCASTS
Helen Edgar, 13622 Loretta Drive, Tustin, reported poor
quality of Continental Cable broadcasts of City Council
meetings.
4. 155 NORTH "Bn STREET
Helen Edgar, 13622 Loretta Drive, Tustin, reported residential
burglaries occurring at 158 "B" Street and her belief that
they were connected to residents at 155 "B" Street.
Andrew Buford, Jr., 155 N. "B" Street, stated there was no
drug activity at his residence and the police investigation
supported his claim.
David Pierot, 153 N. "B" Street, stated drug activity did
exist at 155 "B" Street and a permanent solution was needed.
William Huston, City Manager, responded that the City Attorney
and Police Department were working on the matter.
5. 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 awarded without going out to bid.
William Huston, City Manager, responded that the list would
be available in two weeks.
VIII. CONSENT CALENDAR
�— Items No. 4 and it were removed from the Consent Calendar by
Councilmember Thomas and Mayor Pontious. It was moved by Potts,
seconded by Thomas, to approve the remainder of the Consent
Calendar as recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - FEBRUARY 1, 1993 REGULAR MEETING
Recommendation: Approve the City Council Minutes of
February 1, 1993.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$797,108.15 and ratify Payroll in the amount of
$362,051.79. 380-10
360-82
CITY COUNCIL MINUTES
Page 4, 2-16-93
3. DECLARATION OF SURPLUS EQUIPMENT
Recommendation: Declare specified equipment surplus and
not usable as recommended by the Police Department. 380-60
S. DISPOSITION OF SURPLUS TRAILER
Recommendation: Declare the item surplus and not required
for public use, and authorize the City's purchasing agent
to dispose of the item in accordance with Ordinance No. 871
as recommended by the Community Development Department. _
380-60
S. RESOLUTION NO. 93-13 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO.
14410
Recommendation: Adopt Resolution No. 93-13 approving Final
Tract Map No. 14410, as submitted or revised, as
recommended by the Community Development Department.
600-70
7. AUTHORIZATION TO REQUEST PROPOSALS FOR BANKING SERVICES
Recommendation: Approve the Request for Proposals for
Tustin Community Redevelopment Agency banking services and
direct the Finance Director to solicit proposals as
recommended by the City of Tustin Audit Committee. 320-15
8. REJECTION OF CLAIM NO. 92-53 - CLAIMANT, GEORGIA ERICKSON;
DATE OF LOSS, 11/3/92; DATE FILED WITH CITY, 11/17/92
Recommendation: Reject subject claim for property damages
of an undetermined amount as recommended by the City
Attorney. 180-10
9. REJECTION OF CLAIM NO. 92-55 - CLAIMANT, JESUS RAMIREZ; DATE
OF LOSS, 11/3/92; DATE FILED WITH CITY, 11/13/92
Recommendation: Reject subject claim for property damages
of an undetermined amount as recommended by the City
Attorney. _
180-10
10. CONSULTANT AGREEMENT FOR DEVELOPMENT OF CITY-WIDE PAVEMENT
MANAGEMENT SYSTEM
Recommendation: Approve selection of Infrastructure
Management Services for professional services to develop
the city-wide pavement management system, at a fee not to
exceed $39,870.00, and authorize execution of a consultant
agreement by the Mayor and City Clerk as recommended by the
Public Works Department/Engineering Division. 400-10
12. RESOLUTION NO. 93-15 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR CALIFORNIA STREET WIDENING/RECONSTRUCTION BETWEEN THIRD
STREET AND MAIN STREET
Recommendation: Adopt Resolution No. 93-15 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
CONSENT CALENDAR NO. 4 - APPROVAL OF MEMORANDUM OF UNDERSTANDING
WITH TUSTIN POLICE OFFICERS1 ASSOCIATION
Councilmember Thomas commended staff and Nick Nichols, Hamilton
Associates, on an outstanding job performed during negotiations.
It was moved bV Puckett, seconded by Thomas, to direct the City
Manager to execute the Memorandum of Understanding with the Tustin
Police Officers' Association.
Motion carried 5-0. 540-40
CONSENT CALENDAR NO. 11 - TERMINATION OF CONTRACT BETWEEN GREAT
WESTERN RECLAMATION, INC. AND THE CITY
Mayor Pontious announced that to allow review of correspondence
received from Great Western Reclamation's attorneys, the City
Attorney requested this item be deferred for 30 days.
Council discussion followed regarding the length of deferral time.
CITY COUNCIL MINUTES
Page 5, 2-16-93
It was moved by Puckett, seconded by Saltarelli, to defer action
for 30 days.
Motion carried 4-1, Potts opposed. 400-10
IX. ORDINANCE FOR INTRODUCTION - None
X. ORDINANCE FOR ADOPTION
1. ORDINANCE NO. 1102 - ZONE CHANGE 92-0021 LYON
It was moved by Puckett, seconded by Thomas, that Ordinance
No. 1102 have second reading by title only. Motion carried
5-0.
Following second reading by title only of Ordinance No. 1102
by the City Clerk, it was moved by Puckett, seconded by
Thomas, to adopt the following Ordinance No. 1102:
ORDINANCE NO. 1102 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 92-002 TO
AMEND THE EAST TUSTIN SPECIFIC PLAN LAND USE MAP TO CHANGE THE
LAND USE CATEGORY IN THE VICINITY OF LOT 12 OF TRACT 12870
FROM MEDIUM DENSITY TO MEDIUM-HIGH DENSITY RESIDENTIAL WITH
MINOR TEXTURAL REVISIONS
Motion carried 5-0 (roll call vote).
XI. OLD BUSINESS
1. PLANNING COMMISSION MINUTES
Christine Shingleton, Assistant City Manager, reported that
at Councilmember Saltarelli's request, staff investigated
providing detailed Planning Commission minutes in lieu of the
action agenda currently provided in the Council agenda
packets. She stated in order to meet the Council's agenda
deadline several alternatives were available including: use
of a court reporting service at an approximate cost of between
$1,000.00 to $1,300.00 per meeting; utilize the City's
contractor who would complete draft minutes in approximately
three days after the Planning Commission meetings at an
approximate cost of between $100.00 to $120.00 per meeting;
or employ a court reporting school student at an approximate
cost of $475.00 per meeting.
Councilmember Saltarelli stated that the request to receive
minutes subsequent to the Planning Commission meetings was due
to the number of citizen questions received by Council
regarding Planning Commission action; and a three-day
completion of draft minutes by the contract employee would be
acceptable.
Council/staff discussion followed regarding cost of employing
court reporters; and minute format.
Council concurred that current contract clerk would provide
minutes to Council within three days on a trial basis. 120-50
2. REQUEST TO REMOVE PARKING RESTRICTIONS ON MYFORD ROAD AND
HERITAGE WAY (ARCADA CONDOMINIUM DEVELOPMENT -EAST TUSTIN TRACT
NO. 13096)
Mayor Pro Tem Potts reported that the Arcada Community
Association president requested that this item be continued
to the March 1, 1993 Council meeting to allow time for the
association to respond.
It was moved by Saltarelli, seconded by Puckett, to continue
this item to the March 1, 1993 Council meeting.
Motion carried 5-0. 770-15
CITY COUNCIL MINUTES
Page 6, 2-16-93
XII. NEW BUSINESS
1. CITY OF TUSTIN WATER BONDS - PROGRESS REPORT
Lora Stovall, Bartle Wells and Associates, reported the
Certificates of Participation would provide funding for
capital improvements; refinancing of outstanding water bonds;
and payment for remainder of Orange County Water District
desalter project lease agreement. She summarized the positive
and negative aspects of variable and fixed rate debt including
interest rates; issuance cost; underwriter's discount; letter
of credit; various marketing agent costs; and trustee fees.
Council/speaker discussion followed regarding Irvine Ranch
Water District's use of variable rate debt.
Council consensus reaffirmed issuance of water bonds at fixed
rate debt. 350-05
2. 1992-93 BUDGET - MID -YEAR BUDGET
William Huston, City Manager, reported that as a result of
decisions made by the Governor and Legislature to balance the
State budget, the City was impacted in 1992-93 by the
following: loss of $1,065,000.00 General Fund resources; loss
of $698,000.00 Redevelopment Agency tax increment revenue; and
$88,000.00 assessment to the Water Fund. He stated that the
City had weathered the State mandated budget impacts; services
had not been reduced; an aggressive capital improvement
program was maintained; and fund balances in key operating
funds were held at an appropriate level. He said the latest
proposals in Sacramento would result in the City's loss of
approximately $1,000,000.00 in 1993-94 property tax revenue
and the Redevelopment Agency would lose a substantial, but as
yet, undetermined amount. He highlighted variables affecting
projected revenues, expenses, and fund balances through the
remainder of the 1992-93 fiscal year including: the General
Fund balance; General Fund property tax revenue; sales tax
revenue; motor vehicle in -lieu revenue; Public Employees
Retirement System (PERS) credit; General Fund expenditures;
Capital Projects Fund balance; Gas Tax Fund; Park Development
Fund; Redevelopment Agency funds; water project funding/water
bond issue; and the Water Fund balance.
Council/staff discussion followed regarding disposition of the
PERS credit.
It was moved by Puckett, seconded by Thomas, to receive and
file the mid -year budget review; direct staff to update the
review in April; allocate $2500.00 to Tustin High Grad Nite
Committee; and fund all water projects through the water bond
issue.
Council/staff discussion followed regarding the State's past
action and future intention of taking Citv funds.
Mayor Pontious said it was important to educate the public
regarding the impact at the local level of the State's action.
Councilmember Thomas stated that if
take money from cities, eventually
eliminated and taxes would be raised.
Motion carried 5-0.
3. ECONOMIC DEVELOPMENT COUNCIL
the State continued to
some services would be
330-50
William Huston, City Manager, reported Council had approved
in concept an Economic Development Program and directed Mayor
Pontious and Councilmember Thomas to formulate a proposal
concerning the role and membership of an Economic Development
Council.
CITY COUNCIL MINUTES
Page 7, 2-16-93
Mayor Pontious stated many letters to new businesses and high
sales tax producers had been sent and positive responses were
received. She was prepared to move forward with other aspects
of the program including formation of the Development Council
and a business magazine; and suggested setting a meeting date
for early April.
Mayor Pro Tem Potts requested a small business representative
be included on the Economic Development Council.
It was moved by Thomas, seconded by Puckett, to proceed with
formation of the Economic Development Council.
Motion carried 5-0.
120-35
4. ORANGE COUNTY TRANSPORTATION AUTHORITY COMBINED TRANSPORTATION
FUNDING PROGRAMS
Robert Ledendecker, Director of Public Works, reported that
in 1992, the City applied for the 1992-93 pilot program one-
year orange County Transportation Authority Combined
Transportation Funding Programs. He stated this year
applications were for a five-year program divided into two
tiers: Tier 1 covered 1993-94 and 1994-95 fiscal years, and
Tier II covered 1995-96, 1996-97, and 1997-98 fiscal years.
He said the City had applied for 23 projects in the 1993-94
five-year request.
Council/staff discussion followed regarding including the Red
Hill Avenue and Newport Avenue overpasses on the funding
programs list; cooperative projects funding; Measure M and
arterial Highway Funding Program distinction; and orange
County Transportation Authority's procedure for prioritizing
projects.
It was moved by Saltarelli, seconded by Thomas, to adopt the
following Resolution No. 93-16 requesting the Orange County
Transportation Authority include City of Tustin projects in
the fiscal year 1993-94 five year Combined Transportation
Funding Programs:
RESOLUTION NO. 93-16 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF THE
ATTACHED IMPROVEMENT PROJECTS(S) TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED
TRANSPORTATION FUNDING PROGRAM
Motion carried 5-0. 690-55
Councilmember Saltarelli stated that the intersection at Main
Street and Newport Avenue was dark and confusing due to the
construction and requested staff investigate mitigation
measures.
Robert Ledendecker, Director of Public Works, responded that
staff would examine installation of additional lighting for
the intersection during construction.
AWARD OF CONTRACT FOR TREE TRIMMING FOR THE CALENDAR YEAR 1993
It was moved by Puckett, seconded by Thomas, to award the
contract for the subject project to West Coast Arborists in
the amount of $198,666.00.
Motion carried 5-0.
400-45
Council/staff discussion followed regarding the amount of
direct savings by contracting for these services; and cost
savings would be detailed in the 1993-94 budget.
CITY COUNCIL MINUTES
Page 8, 2-16-93
XIII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 8, 1993
It was moved by Puckett, seconded by Potts, to ratify the
Planning Commission Action Agenda of February 8, 1993.
Motion carried 5-0. 120-50
2. SPORTS PARR MASTER PLAN UPDATE
Mayor Pro Tem Potts requested that all future staff reports
contain specific goals completed on the project.
It was moved by Potts, seconded by Saltarelli, to receive and
file subject report.
Motion carried 5-0. 930-30
3. STATE MANDATED COST
Council/staff discussion followed regarding possible
additional State mandated cost recoveries, and State's lack
of appropriating funding for the program.
Council concurred to receive and file subject report. 390-70
4. BEAUTIFICATION TASK FORCE
It was moved by Puckett, seconded by Thomas, to receive and
file subject report.
Motion carried 5-0. 120-30
5. INVESTMENT SCHEDULE AS OF DECEMBER 31, 1992.
It was moved by Puckett, seconded by Thomas, to receive and
file subject report.
Motion carried 5-0.
XIV. PUBLIC INPUT - None
F:V�014"x#;15-I+RilCN1*fiJ
1. CLOSED SESSION
355-50
James Rourke, City Attorney, clarified that the Closed Session
statement was for "threatened" litigation rather than pending
litigation.
2. FUTURE STAFF REPORTS TO CONTAIN 'FINANCIAL IMPACT TO CITY
SECTION"
Councilmember Saltarelli requested future staff reports
contain a "Financial Impact to City" section.
3. QUARTERLY REPORTS - CLOSE OUT OF EAST TUSTIN
DISTRICTS
Councilmember Saltarelli requested quarterly reports on
closing out both East Tustin assessment districts.
4. CREDIT CARD INVESTIGATION
Mayor Pro Tem Potts gave a background report on how the credit
card investigation began with reports from Police employees
and the Council responded with necessary corrective measures.
5. INCREASE IN LEGAL FEES/EXPENSES
Mayor Pro Tem Potts requested a staff report addressing why
legal fees/expenses had increased significantly since 1988.
CITY COUNCIL MINUTES
Page 9, 2-16-93
6. COUNCIL/COMMISSIONS RETREAT
Councilmember Thomas suggested the Council hold a retreat with
Parks and Recreation/Planning Commissioners and a limited
number of staff to develop Council vision for 1993.
7. PROCEDURE/POLICY FOR PUBLIC ACQUISITION OF CITY DOCUMENTS
Councilmember Thomas requested a report outlining a
procedure/policy for the public to obtain or gain access to
City documents.
S. PROGRAM HOST - CONTINENTAL CABLE
Councilmember Thomas reported he would be hosting a show on
various issues on Continental Cable.
9. MAGNOLIA TREE PARR NAME CHANGE
Councilmember Puckett requested staff contact the Peppertree
Homeowners Association regarding changing the name of Magnolia
Tree Park to Peppertree Park.
XVI. CLOSED SESSION
Mayor Pontious announced the City Council would recess to Closed
Session to confer with the City Attorney regarding threatened
litigation pursuant to Government Code Section 54956.9(b)(1)
regarding a land use matter.
XVII. ADJOURNMENT
Mayor Pontious adjourned the meeting at 9:15 p.m. The next
regular meeting of the City Council was scheduled for Monday,
March 1, 1993, 7:00 p.m., at the Tustin Area Senior Center.
2,'�2z�
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LESLIE ANNE PONTIOUS, MAYOR
MARY E. 17
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CLERK