HomeMy WebLinkAboutCC MINUTES 1993 02 01MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 1, 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 Councilmember
Puckett.
II. INVOCATION
I
The Invocation was given by Rev. Gary Sosbee, Unity Church of
Truth
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
Rita Westfield, Asst. Dir./Comm. Development
Dana Kasdan, Engineering Services Manager
Larry Schutz, Assistant Finance Director
Dan Fox, Senior Planner
Dana Ogdon, Senior Planner
Robert Ruhl, Field Services Manager
Gary Veeh, Water Operations Manager
Doug Anderson, Transportation Engineer
Susan Jones, Recreation Superintendent
Gary Magill, Recreation Supervisor
Randy Westrick, Recreation Supervisor
Irma Hernandez, Administrative Assistant
Katie Pitcher, Administrative Assistant
Valerie Whiteman, Chief Deputy City Clerk
Approximately 60 in the audience
IV. PROCLAMATION - JANET SCHWARTZ, FORMER SENIOR ADVISORY BOARD MEMBER
Mayor Pontious announced that because Mrs. Schwartz was not present,
this item would be continued to the February 16, 1993 Council meeting.
V. PUBLIC HEARING
1. ZONE CHANGE 92-002 AND DEVELOPMENT
92-001 (LYON)
Dan Fox, Senior Planner, reported the applicant was proposing an
amendment to the Land Use Plan of the East Tustin Specific Plan to
change the land use designation on Lot 12, Tract 12870, from
medium density to medium-high density residential, allowing 354
dwelling units on the property, 100 more than currently
authorized. The applicant had proposed in conjunction with the
amendment, a Development Agreement which would be a mechanism for
the applicant to contribute $2,000.00 per dwelling unit for each
unit constructed over 254. The money would be allocated for
construction of park improvements in East Tustin. This item had
previously been presented to Council, however, several residents
claimed they had not received notification of the November 10,
1992 Planning Commission and/or the December 7, 1992 Council
public hearings. After review of the public notice mailing list,
it was determined that not all property owners were sent the
required notice of the original hearing and, based on the advice
of the City Attorney, the project had been renoticed using the
1992/93 assessor's rolls. He stated that the Planning Commission
reviewed density, traffic impacts, and CC&R's and recommended
approval of the zone change.
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Council/staff discussion followed regarding higher density
products/arterial highway flexibility to minimize traffic noise.
Mayor Pontious opened the Public Hearing at 7:08 p.m.
The following member of the audience spoke in favor of Zone Change
92-002 and Development Agreement 92-001:
Chris Hawke, William Lyon Company representative, 4490 Von
Karmen, Irvine
The following members of the audience spoke in opposition to Zone
Change 92-002 and Development Agreement 92-001:
Merle Ogle, 2326 Dunes, Tustin
Pal Lengyel-Leahu, 12695 Doral, Tustin
There were no other speakers on the subject and the Public Hearing
was closed at 7:25 p.m.
Councilmember Puckett stated all issues had been addressed and he
would support the Planning Commission's recommendation to approve
the zone change and development agreement.,
Councilmember Saltarelli said the zone change would enhance area
property values; traffic mitigation measures had been adequately
addressed; and Mello Roos tax would be lower.
Councilmember Thomas stated he supported the zone change and
development agreement and that because Orange County had not
recovered from the recession, this project would provide
affordable housing to the area.
It was moved by Thomas seconded by Puckett, to certify Addendum
No. 4 to EIR 85-2 by adopting the following Resolution No. 93-05: —
RESOLUTION NO. 93-05 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL
IMPACT REPORT 85-2 WITH ADDENDUM NO. 4 FOR REVISIONS TO THE TRIP
GENERATION RATE SUMMARY RELATED TO ZONE CHANGE 92-002 AND
DEVELOPMENT AGREEMENT 92-001, AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Mayor Pro Tem Potts stressed that this was only a zone change and
encouraged community involvement for each subsequent phase of the
proposed development. He said he was pleased that the proposed
plans included two-story housing by the golf course in lieu of
three-story housing; two -car garages; park development; and 13
percent lower density than originally planned.
Mayor Pontious said the Council empathized with residents'
concerns; however, she believed the overall project would enhance
the area and encouraged community input.
Motion carried 5-0.
It was moved by Thomas seconded by Puckett, to have first reading
by title only of Ordinance No. 1102. Motion carried 5-0.
Following first reading by title only of Ordinance No. 1102 by the
City Clerk, it was moved by Puckett seconded by Thomas, to.
introduce 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.
It was moved by Saltarelli seconded by Thomas, to approve
Development Agreement 92-001 by adopting the following Resolution
No. 93-06:
CITY COUNCIL MINUTES
Page 3, 2-1-93
RESOLUTION NO. 93-06 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 92-001
Motion carried 5-0.
610-60
VI. PUBLIC INPUT 400-10
1. PARKING MODIFICATION REQUEST - EL CAMINO REAL/SIXTH STREET
r Richard Edgar, 13622 Loretta Drive, Tustin, requested modification
to on -street parking restrictions on E1 Camino Real and Sixth
Street to accommodate the Assistance League.
Council concurred to direct staff to investigate and present a
report at a future Council meeting.
2. STATUS REQUEST - COLUMBUS TUSTIN BALLFIELD/LAUREL GLEN PARK SWING
REPAIR
Jane Anderson, 2473 Via Corella, Tustin, questioned the status of
the ballfield fencing on Prospect/Irvine and swing repair at
Laurel Glen Park.
Mayor Pontious responded that the contract had been awarded for
the barrier netting for Columbus Tustin Park.
Randy Westrick, Recreation Supervisor, responded that the swing
would be repaired by the end of the week.
3. DRUG ACTIVITY AT 155 NORTH "B" STREET
The following members of the audience reported constant drug
activity at 155 North "B" Street and requested Council assistance:
Carl Glasgow, 150 North "B" Street, Tustin
David Pierot, 153 North "B" Street, Tustin
Mayor Pontious explained two alternatives were available to the
City: legal action brought before the Superior Court declaring
the property had been used for sales/storing of controlled
substances and ordering its closure; and/or enactment of a drug
loitering ordinance.
Council/staff discussion followed regarding seizure and sale of
the property; drug sales inside/outside the residence; and the
City of Santa Ana's procedures for seizing property.
Councilmember Thomas questioned what action could be taken
immediately prior to Council action in two weeks.
James Rourke, City Attorney, stated at Council's direction, the
City Attorney's office would implement immediate legal action, and
would present a report at the February 16, 1993 meeting regarding
drug ordinance enactment. Council concurred.
VII. CONSENT CALENDAR
Items No. 1 and 7 were removed from the Consent Calendar by
Councilmembers Thomas and Puckett. It was moved by Potts, seconded by
Puckett, to approve the remainder of the Consent Calendar as
recommended by staff. Motion carried 5-0.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of $1,338,413.51
and ratify Payroll in the amount of $302,459.86. 380-10
360-82
3. REJECTION OF CLAIM NO. 92-54 - CLAIMANT, SUSAN JONES -DE YOUNG;
DATE OF LOSS, 9/5/92; DATE FILED WITH CITY, 11/19/92
Recommendation: Reject subject claim for general damages in the
amount of $322.80 as recommended by the City Attorney. 180-10
4. REJECTION OF CLAIM NO. 92-47 - CLAIMANT, ROBBIN NILI; DATE OF
LOSS, 8/6/92; DATE FILED WITH CITY, 10/20/92
Recommendation: Reject subject claim for property damage in the
amount of $350.00 as recommended by the City Attorney. 180-10
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Page 4, 2-1-93
S. REJECTION OF CLAIM NO. 92-62 - CLAIMANT, LOYD NITZEN; DATE OF
LOSS, 7/2/92; DATE FILED WITH CITY, 12/30/92
Recommendation: Reject subject claim for property and personal
injury damages in the amount of $200,000.00 as recommended by
the City Attorney. 180-10
6. RESOLUTION NO. 93-07 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
YORBA STREET AHFP PROJECT NO. 1294
Recommendation: Authorize the Mayor and City Clerk to execute _
the subject project administration agreement; approve the plans
and specifications for the Yorba Street AHFP Project No. 1294,
and authorize the City Clerk to advertise for bids as
recommended by the Public Works Department/ Engineering
Division. 400-45
400-70
S. RESOLUTION NO. 93-08 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 14022
Recommendation: Adopt Resolution No. 93-08 approving Final
Tract Map 14022 as recommended by the Community Development
Department. 600-70
9. RESOLUTION NO. 93-11 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT, FY 1992-
93, PHASE TWO; AND THE SIDEWALK, CURB AND GUTTER REPAIR PROJECT,
FY 1993-93, PHASE ONE; AND AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 93-11 approving plans and
specifications and authorizing advertisement for bids for
subject project as recommended by the Public Works
Department/Engineering Division. 400-45
10. COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY
OF TUSTIN FOR THE IMPROVEMENT OF WARNER AVENUE FROM SR -55 TO RED
HILL AVENUE —
Recommendation: Authorize the Mayor to sign and the City Clerk
to attest to the subject agreement as recommended by the Public
Works Department/Engineering Division. 400-60
CONSENT CALENDAR ITEM NO. 1 - APPROVAL OF MINUTES - JANUARY 19, 1993
REGULAR MEETING
Councilmember Thomas stated Council's actions on the Non -Profit
Foundation regarding votes on the Bylaws, Articles of Incorporation,
name of the foundation, and Council membership were omitted from the
Minutes.
William Huston, City Manager, responded that Council approved policy
direction to Attorney John Francis and that final document's, including
the Bylaws, Articles of Incorporation, and the foundation's name,
would be presented at the February 16, 1993 meeting.
It was moved by Thomas seconded by Potts, to approve the City Council
Minutes of January 19, 1993.
Motion carried 5-0.
CONSENT CALENDAR ITEM NO. 7 - RESOLUTION NO. 93-09 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE
ESTABLISHMENT OF AN AGRICULTURE WATER CREDIT PROGRAM FOR THE CITY OF —
TUSTIN WATER SERVICES
Councilmember Puckett thanked staff for their work on this item and
said this program would help the City retain its agricultural
heritage.
It was moved by Puckett seconded by Thomas, to adopt Resolution No.
93-09 establishing an Agriculture Water Credit Program for the City of
Tustin Water Services.
Motion carried 5-0.
VIII. ORDINANCES FOR INTRODUCTION - None
IX. ORDINANCES FOR ADOPTION - None
840-45
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Page 5, 2-1-93
X. OLD BUSINESS
1. TUSTIN V. PERFIT; ORANGE COUNTY SUPERIOR COURT CASE NO. 66-57-43
James Rourke, City Attorney, stated the recommendation was to
authorize the City Attorney to make an offer to the property owner
of $265,000.00, plus applicable interest.
It was moved by Puckett, seconded by Thomas, to authorize the City
Attorney to offer the property owner $265,000.00, plus applicable
interest.
Motion carried 5-0. 490-10
2. RESPONSE TO ISSUES REGARDING WASTE MANAGEMENT CONTRACT
Christine Shingleton, Assistant City Manager, reported at the
January 4, 1993 Council meeting, several issues were raised
regarding the City's contract with Great Western Reclamation,
compliance with Assembly Bill 939 (AB 939) regulations, and why
the City's waste collection contract had not been offered for bid.
She stated that the legal issues were addressed in the City
Attorney's memo and staff report.
Mayor Pro Tem Potts stated that several local cities had recently
opened their solid waste collection contracts for bid and he was
in favor of Tustin doing the same.
Mayor Pontious said that if Great Western Reclamation's
performance was below standard, the City could terminate the
contract with one year's notice; and she emphasized that Council
annually reviewed the service performance and standards.
Councilmember Thomas stated that he supported the open bid
.. process. He commended Great Western Reclamation on their past
service but believed it was in the best interest of the City and
residents to have competitive bidding.
Mayor Pontious said she would support opening the solid waste
contract for competitive bidding in 5-1/2 years which would allow
evaluation of Great Western Reclamation's performance against the
AB 939 requirements.
Councilmember Puckett stated that Great Western Reclamation had
provided good service and until it was determined that the service
was below standard, he was opposed to submitting the solid waste
collection contract for open bidding.
Councilmember Saltarelli said he was also opposed to submitting
the solid waste collection contract for open bidding. He said
that he had not received complaints regarding Great Western
Reclamation's service and they had provided an excellent program.
He believed there was a covenant of good faith and fair dealing in
an agreement which should be honored until cause was shown.
The following members of the audience spoke in favor of submitting
the solid waste contract to competitive bidding:
Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin
Dolores Otting, 5 Star Rubbish Service, 2130 Canyon Drive, Costa
Mesa
Madeline Arakelian, South Coast Refuse
Nancy Arakelian, South Coast Refuse
Two unidentified speakers
Councilmember Thomas reiterated his support for open and
competitive bidding.
It was moved by Thomas. seconded by Potts, to submit the solid
waste collection contract to competitive bidding in 5-1/2 years.
The following member of the audience addressed Great Western
Reclamation's recycling and operation programs:
David Ross, Great Western Reclamation, 1800 S. Grand Avenue,
Santa Ana
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Mayor Pro Tem Potts requested assurance that recyclable items were
separated at the materials recovery facility.
David Ross, Great Western Reclamation, gave assurance that the
City's waste was taken to the materials recovery facility, sorted
and documented. He stated the information was available for
public review.
Councilmember Thomas voiced his displeasure with the manner in
which self-serving interests were expressed by several trash
companies and stressed that the bidding process would be orderly
and fair.
Motion carried 3-2, Puckett, Saltarelli opposed. 400-10
BI. NEW BUSINESS
1. ELIMINATION OF GRAFFITI/GRAFFITI REWARD PROGRAM
Dana Ogdon, Senior Planner, reported that at the Town Hall meeting
of January 12, 1993, several citizen comments were made regarding
the City's success at timely removal of graffiti from private and
public property. However, the occurrence of graffiti in the City
had dramatically increased and removal had not effectively
discouraged graffiti vandals from continuing their practice of
defacing public and private property. He stated that staff
investigated programs designed to more fully discourage the
occurrence of graffiti within the City and summarized methods to
reduce graffiti occurrence including: removal of graffiti
immediately after application; elimination of spray paint sales to
minors; education; and arrest vandals. He said the current reward
program could be improved or modified to increase public
participation in the effort to eliminate graffiti by press
publication of graffiti related arrests; promotional publicity;
education; community activism/awareness; inter -city cooperation;
and establishing a $250.00 reward amount.
Mayor Pro Tem Potts reported graffiti along the wall on Parkcenter
Lane and suggested staff contact the Monterey Association to re-
paint the wall.
Mayor Pontious suggested that to involve school children in the
program, students could report graffiti to their teachers who in
turn would report graffiti to the City.
Council/staff discussion followed regarding whether other graffiti
programs were successful around the country; and interaction with
other cities for elimination of graffiti.
The following member of the audience questioned what was the
maximum penalty for arrest and conviction of tagging:
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin
James Rourke, City Attorney, replied $500.00 and 6 months in jail.
Council/staff discussion followed regarding restitution and
diversion programs for convicted youths; and utilization of
Citilink. _
William Huston, City Manager, stated the Orange County Police
Chief's Association was developing strategies to share
intelligence to curtail the graffiti problem and said that because
the jails were overcrowded, the courts regarded the graffiti
problem in California as a low priority offense.
Council/staff discussion followed regarding involving the League
of Cities to disperse information to cities; Chamber of Commerce
members displaying anti -graffiti posters; and involving school
children in the design of an anti -graffiti poster.
It was moved by Thomas seconded by Puckett, to approve methods to
increase public participation in the elimination of graffiti
including: press publicity; promotional publicity; education;
community activism/awareness; inter -city cooperation; and $250.00
reward amount.
CITY COUNCIL MINUTES
Page 7, 2-1-93
Motion carried 5-0. 900-40
2. PLANNING COMMISSION MINUTES
William Huston, City Manager, requested this item be continued to
the February 16, 1993 Council meeting. Council concurred. 120-50
3. B & J TREE SERVICE
It was moved by Puckett. seconded Thomas, to receive and file
subject report.
Motion carried 5-0. 440-20
XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - JANUARY 25, 1993
It was moved by Thomas, seconded by Potts, to ratify the Planning
Commission Action Agenda of January 25, 1993.
Motion carried 5-0.
2. STATUS REPORT - COLUMBUS TUSTIN GYMNASIUM
120-50
It was moved by Puckett, seconded by Thomas, to receive and file
subject report.
Motion carried 5-0.
3. SPORTS PARR MASTER PLAN UPDATE
920-20
It was moved by Thomas, seconded by Puckett, to receive and file
subject report.
Motion carried 5-0. 930-30
4. NOTIFICATION OF DIMENSION CABLE RATE INCREASE
It was moved by Puckett, seconded by Saltarelli, to receive and
file subject report.
Motion carried 5-0.
400-10
Mayor Pro Tem Potts noted that the City could not control cable
rate increases.
XIII. PUBLIC INPUT - None
SIV. OTHER BUSINESS
1. REPORT ADDRESSING FORTUNE TELLING ISSUE
James Rourke, City Attorney, stated he would submit a report to
the Council at the February 16, 1993 meeting in response to
Attorney Fisher's letter related to fortune telling.
2. FOOD DRIVE - FEBRUARY 15, 1993
Mayor Pro Tem Potts reported the Orange County Chiropractic
Society was sponsoring a food drive on February 15, 1993, where
patients could receive examinations/treatments in exchange for
canned food donations.
3. ECONOMIC DEVELOPMENT COUNCIL STATUS
Councilmember Thomas requested the status of the Economic
Development Council.
William Huston, City Manager, responded that staff would submit a
report at the February 16, 1993 Council meeting.
Mayor Pontious stated that the City had been mailing letters to
new businesses informing them of the City's interest in any
problems or questions they may encounter; and to businesses
showing tax increases/decreases.
CITY COUNCIL MINUTES
Page 8, 2-1-93
William Huston, City Manager, said that Council had previously
approved a four -step program: contacting all new business;
congratulatory letters to businesses with sales tax increase, and
during a sales tax decrease, offer City assistance; and the last
component was formation of the Economic Development Council.
Council/staff discussion followed regarding positive community
response to City's interest letters and development of a business
survey.
4. TWO-SIDED COPY AGENDA PACKETS
Councilmember Puckett thanked staff for the two-sided reports in
the agenda packets.
5. CHINESE NEW YEAR - YEAR OF THE ROOSTER
Councilmember Puckett reported this Chinese New Year was the Year
of the Rooster.
6. SHOP AND DINE IN TUSTIN BANNER
Mayor Pontious noted street banner on Main Street was displaying
business promotional slogan "Shop and Dine in Tustin."
XV. CLOSED SESSION - None
XVI. ADJOURNMENT
Mayor Pontious adjourned the meeting at 9:00 p.m. The next regular
meeting of the City Council was scheduled for Tuesday, February 16,
1993, 7:00 p.m., at the Tustin Area Se 'or Center.
aw
LE LIE ANNE PONTIOUS, MAYOR
NARY E.C
YNN, C Y CLERK