HomeMy WebLinkAboutCC MINUTES 1992 10 19MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
OCTOBER 191 1992
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Pontious at 7:05 p.m. at
the Tustin Area Senior Center, 200 South "C" Street, Tustin,
California. The Pledge of Allegiance was led by Councilmember
Saltarelli.
II. INVOCATION
The Invocation was given by Rev. Henry Sellers, First Baptist
Church of 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 Wynn:
Absent
Others Present:
William A. Huston, City Manager
James G. Rourke, City Attorney
John Shaw, Deputy 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./Community Dev.
Dana Kasdan, Engineering Services Manager
Rick Brown, Building Official
Bob Ruhl, Field Services Manager
Doug Anderson, Transportation Engineer
Gary Veeh, Water Operations Manager
Valerie Whiteman, Chief Deputy City Clerk
Approximately 15 in the audience
IV. PUBLIC HEARINGS
1. CODE
92-006, IRVINE COMPANY
Christine Shingleton, Assistant City'Manager, reported the
applicant, The Irvine Company, requested Zoning Code standard
amendments to allow self -storage mini warehouses in the
Industrial District as a conditionally permitted use. She
stated the Planning Commission recommended approval of the
proposed code amendment and due to the growth of the self -
storage industry, staff believed it was appropriate to amend
the Zoning Code to establish development standards.
Mayor Pontious opened the Public Hearing at 7:08 p.m. There
were no speakers on the subject and the Public Hearing was
closed.
It was moved by Puckett, seconded by Thomas, to approve the
Environmental Determination for the project by adopting the
following Resolution No. 92-123:
RESOLUTION NO. 92-123 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR CODE AMENDMENT 92-006 INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Motion carried 5-0.
It was moved by Puckett, seconded by Thomas, that Ordinance
No. 1100 have first reading by title only. Motion carried 5-
0.
Following first reading by title only of Ordinance No. 1100 by
the Chief Deputy City Clerk, it was moved by Puckett, seconded
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Page 2, 10-19-92
V.
VI.
by Thomas, that the following Ordinance No. 1100 be
introduced:
ORDINANCE NO. 1100 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF
ARTICLE 9 OF THE TUSTIN CITY CODE TO ALLOW SELF -STORAGE MINI
WAREHOUSES AS A CONDITIONALLY PERMITTED USE IN THE INDUSTRIAL
(M) DISTRICT
Motion carried 5-0. 610-70
2. APPEAL OF CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT 92-
031 AND DENIAL OF SIGN CODE EXCEPTION 92-006, TUSTIN HEIGHTS
SHOPPING CENTER
Mayor Pontious stated staff had received a letter from the
applicant, The RREEF Funds, requesting continuance of this
item.
Mayor Pontious opened the Public Hearing at 7:10 p.m.
The following member of the audience spoke in opposition to
Sign Code Exception 92-006, Tustin Heights Shopping Center:
Kathleen DeGolia, 13132 Charloma Drive, Tustin
Mayor Pontious closed the Public Hearing at 7:11 p.m.
Christine Shingleton, Assistant City Manager, explained that
staff and the applicant were investigating altering the signs
to conform with the Sign Code.
It was moved by Puckett, seconded by Thomas, to continue this
item to the November 2, 1992 Council meeting.
Motion carried 5-0. 610-40
680-50
PUBLIC INPUT - None
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 - OCTOBER 5, 1992 REGULAR MEETING
Recommendation: Approve the City Council Minutes of October
5, 1992.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$1,610,624.86 and ratify Payroll in the amount of $307,104.62.
380-10
3. RESOLUTION NO. 92-122 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DESIGNATING AN AUTHORIZED AGENT TO
PROVIDE INFORMATION TO THE STATE OFFICE OF EMERGENCY SERVICES
Recommendation: Adopt Resolution No. 92-122 designating an
authorized agent to provide information to the State Office of
Emergency Services as recommended by the Finance Department.
390-70
4. REJECTION OF CLAIM NO. 92-42 - CLAIMANT, KEVA SINGLETARY; DATE
OF LOSS, 3-11-92; DATE FILED WITH CITY, 9-8-92
Recommendation: Reject subject claim for personal injury
damages of an undetermined amount as recommended by the City
Attorney.
180-10
5. NITRATE REMOVAL PLANT AT 235 MAIN STREET
Recommendation: Authorize a supplemental budget appropriation
in the amount of $614,542.00 to the 1992-93 Water Service
Capital Projects account as recommended by the Public Works
Department/Engineering Division. 400-70
6. RESOLUTION NO. 92-127 - 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
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Page 3, 10-19-92
P.C.C. CROSS GUTTER AND CURB RETURNS AT PACIFIC STREET AND
SECOND STREET AND PACIFIC STREET AND THIRD STREET
Recommendation: Adopt Resolution No. 92-127 accepting 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. 92-106 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN
COMMUNITY DEVELOPMENT DEPARTMENT RECORDS
Recommendation: Adopt Resolution No. 92-106 authorizing the
destruction of certain Community Development Department
records pursuant to Sections 34090 and 34090.5 of the
California Government Code as recommended by the Community
Development Department. 170-40
S. CALTRANS TRAFFIC CONTRACT RENEWAL
Recommendation: Approve the renewal of subject contract with
the Department of Transportation for reimbursement of money
spent for traffic control during the I-5 and SR -55
construction as recommended by the Police Department. 400-75
9. RESOLUTION NO. 92-120 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING FUTURE EXPENDITURES WITH
RESPECT TO THE CITY'S WATER FACILITY IMPROVEMENT PROGRAM TO BE
REIMBURSED FROM FUTURE LONG-TERM FINANCING
Recommendation: Adopt Resolution No. 92-120 confirming the
City Council's intent to recover certain water service
advances from future bond sales as recommended by the Finance
Department. 400-70
350-05
10. RESOLUTION NO. 92-125 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR STREET RECONSTRUCTION/REHABILITATION OF MAIN STREET BETWEEN
PROSPECT AVENUE AND NEWPORT AVENUE, A FEDERALLY FUNDED PROJECT
(DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION -15%), AND
AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 92-125 approving 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
11. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT ON PROSPECT AVENUE
FROM FAIRHAVEN AVENUE TO 400 FEET SOUTHEAST OF SANTA CLARA
AVENUE
Recommendation: Award the contract for subject project to
R.L.T. Construction, Inc., of Anaheim, in the amount of
$140,717.60 as recommended by the Public Works
Department/Water Division. 400-45
12. RESOLUTION NO. 92-126 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR STREET RECONSTRUCTION/REHABILITATION OF PROSPECT AVENUE
BETWEEN IRVINE BOULEVARD AND ORANGE COUNTY FLOOD CONTROL
DISTRICT NORTH TUSTIN CHANNEL (F-12), A FEDERALLY FUNDED PROJECT
(DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION -15%), AND
AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 92-126 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
VII. ORDINANCES FOR INTRODUCTION - None
VIII. ORDINANCES FOR ADOPTION - None
IX. OLD BUSINESS
1. POOL BARRIER REQUIREMENTS FOR SINGLE FAMILY DWELLINGS
Rick Brown, Building Official, reported that at the September
21, 1992 Council meeting, Al Palladino, "Save That Child"
Foundation founder, had voiced concerns regarding a recent child
drowning which had occurred at 130 N. "A" Street, Tustin, and
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Page 4, 10-19-92
Ordinance No. 1091, relating to pool barriers for single-family
dwellings. Mr. Brown summarized the City's pool barrier
requirements for single family dwellings including Appendix
Chapters; and amendments to Pool Barrier Standards. He
addressed Mr. Palladino's concerns of pool area locking devices;
protective pool barriers; and pool area inspection at .130 N. "A"
Street.
Council/staff discussion followed regarding clarification of the
type of pool barriers Mr. Palladino was requesting;
interpretation of Ordinance No. 1043; regulating single-family
dwelling pool construction; and providing public with pool
information/safety brochure.
Mayor Pro Tem Potts stated it was the pool owners'
responsibility to provide pool safety.
Councilmember Puckett said that staff inspection revealed the
pool area at 130 N. "A" Street was protected; City code
restrictions were adequate; and he supported pool safety
brochure distribution to the public.
It was moved by Potts, seconded by Puckett, to receive and file
subject report.
Council/staff discussion followed regarding public door access
locking devices.
As an addition to the motion:, it was moved by Potts, seconded by
Thomas, to include the pool information/ safety brochure with
issuance of new pool permits.
Christine Shingleton, Assistant City Manager, noted Mr.
Palladino's absence and stated that staff had notified him of
the meeting and had mailed the staff report to him.
Motion carried 5-0. 460-50
2. BEAUTIFICATION COMMITTEE/NON-PROFIT FOUNDATION
William Huston, City Manager, reported that Councilmember Thomas
had requested an update on the Beautification Committee and Non -
Profit Foundation. He stated staff was finalizing a report to
Council regarding the Non -Profit Foundation to be presented at
the November 2, 1992 Council meeting. The report would include
the creation and purpose of a Non -Profit Foundation; survey
results of cities who had Non -Profit Foundations; and community
funding. He said staff had met with Erin Nielsen regarding
establishment of the Beautification Committee and she indicated
she was developing ideas and would contact staff when ready for
assistance.
It was moved by Thomas, seconded by Puckett, to receive and file
subject report.
Motion carried 5-0. 125-45
120-30
X. NEW BUSINESS
1. CITIZEN REQUEST FOR MODIFICATIONS TO ON -STREET PARKING
RESTRICTIONS ALONG SIXTH STREET BETWEEN EL CAMINO REAL AND "C"
STREET
Robert Ledendecker, Director of Public Works, reported staff was
working with resident, Don LeJeune, and requested continuance of
this item to the November 2, 1992 Council meeting.
It was moved by Thomas, seconded by Puckett, to continue this
item to the November 2, 1992 Council meeting.
Motion carried 5-0. 770-15
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2. BUSINESS OUTREACH PROGRAM
Mayor Pontious reported on the importance of the City developing
a Business Outreach Program and the advantages of a public
agency working in cooperation with the private sector to attract
and keep businesses in Tustin. She summarized elements of the
program including: Mayoral letter welcoming new businesses to
the City; targeting key businesses at risk of leaving Tustin and
offer assistance; targeting top sales tax producers and
businesses with significant increases and thank them for their
efforts; conducting a survey soliciting views regarding doing
business in Tustin; developing an aggressive posture on business
attraction through the Redevelopment Agency and Marine base
specific plan; and exploring the feasibility of developing a
business magazine.
The following member of the audience spoke on the City brochure
to attract new business to the community:
Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin
Councilmember Thomas stated his concept of the program was to
add the formation of a business development committee which
would include the use of public relations personnel to attract
businesses; membership would include a local business leader,
Chamber of Commerce representative, and small and large company
representatives; they would meet with perspective businesses and
promote Tustin, improve the working relationship with Chamber of
Commerce; and honor and recognize businesses currently operating
in Tustin. He also suggested a business status report from the
Chamber be included with City Council agendas.
Mayor Pontious said that the City must first determine the needs
.. of developers in order to offer appropriate assistance, and
suggested that, due to budget constraints, neighboring cities
should also be included in the program. She requested adoption
of the proposed Business Outreach Program, and suggested review
of results in 2-3 months before proceeding with additional
plans.
Council/staff discussion followed regarding committee structure.
Councilmember Saltarelli stated that the City must be aggressive
in recruiting potential businesses to Tustin and suggested
utilizing members of the community who travel as part of the
City's promotional committee.
Councilmember Thomas reiterated his view on the membership and
structure of the committee; City of San Francisco business
recruiting advertisement in local newspaper; and changing the
name of the program.
Mayor Pro Tem Potts requested updating the Restaurant Guide to
help promote business, and supported the Chamber of Commerce and
City working together on the business magazine.
Council discussion followed regarding Mayor Pontious;
Councilmember Thomas; William Huston, City Manager; and Dave
McEvoy, Chamber of Commerce representative; meeting to address
formation of the Business Outreach Committee.
It was moved by Thomas, seconded by Puckett, to approve (1)
sending a letter from the Mayor to each new business locating in
Tustin; (2) targeting key businesses which the City feels are at
risk of leaving Tustin; (3) targeting the top sales tax
producers and businesses with significant increases and thank
them for their efforts; (4) conducting a survey of Tustin
businesses through a mailer to solicit views regarding doing
business in Tustin; (5) developing a more aggressive posture on
business attraction through the Redevelopment Agency and through
opportunities identified in the Marine Base specific plan; and
(6) exploring the feasibility of developing a City business
magazine oriented to disseminating information of interest to
the business community.
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Page 6, 10-19-92
Motion carried 5-0.
XI. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - OCTOBER 12, 1992
620-30
It was moved by Puckett, seconded by Thomas, to ratify the
Planning Commission Action Agenda of October 12, 1992. 120-50
Motion carried 5-0.
2. RESIDENT REQUEST TO REVIEW TRAFFIC SIGNAL SYNCHRONIZATION ON
TUSTIN RANCH ROAD BETWEEN BRYAN AVENUE AND WALNUT AVENUE
It was moved by Puckett, seconded by Saltarelli, to receive and
file subject report.
Motion carried 5-0.
3. FREEWAY CONSTRUCTION STATUS REPORT
760-62
It was moved by Puckett, seconded by Potts, to receive and file
subject report.
(No vote taken.) 750-90
XII. PUBLIC_INPUT
1. SIGNAL.SYNCHRONIZATION —IRVINE BOULEVARD
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, reported
problems with traffic signal synchronization on Irvine
Boulevard/Fourth Street.
Doug Anderson, Transportation Engineer, responded
synchronization had been implemented in Tustin during the
morning/evening peak travel hours.
XIII. OTHER BUSINESS
1. FIELD SERVICES MANAGER -.BOB RUHL
William Huston, City Manager, introduced the new Field Services
Manager, Bob'Ruhl.
2. RESIDENT OPPOSITION - LA COLINA DRIVE CLOSURE
Councilmember Saltarelli reported on large support received and
petitions submitted favoring the City's opposition to the
closure and/or mitigation of La Colina Drive.
3. CITIZEN LETTER - MAIN STREET TRAFFIC .
Mayor Pro Tem Potts requested staff respond to a letter received
from Mr. Pankey regarding Main Street traffic.
4. MARJORIE KASALEK APPOINTMENT - PLANNING COMMISSION CHAIRPERSON
Mayor Pro Tem Potts congratulated Marjorie Kasalek on her
appointment as Planning Commission Chairperson.
5. CITY FLEET VEHICLES CONVERSION TO ALTERNATE FUEL USE
Mayor Pro Tem Potts requested additional City fleet vehicles be
converted for alternate fuel use.
William Huston, City Manager; responded that test results from
currently converted vehicles would be available at the mid -year
budget review.
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6. CITIZEN LETTER - BRYAN AVENUE TREE
Mayor Pro Tem Potts stated he had received a letter from a
resident regarding tree replacements on Bryan Avenue and he
would forward the letter to staff.
7. OPPOSITION TO USE OF STREET NAME - "TUSTIN ANNEX"
Mayor Pro Tem Potts stated his opposition to use of street name
"Tustin Annex" at Costco/K-Mart location.
8. THREE -CITY
, MULTI-PURPOSE TRAIL
Mayor Pro Tem Potts requested he and Councilmember Saltarelli be
part of a three city (Tustin, Newport Beach, Irvine) committee
to facilitate completion of the multi-purpose trail from Tustin
foothills to the beaches.
William Huston, City Manager, responded that staff and
Councilmember Puckett would contact County of Orange staff and
Harbor, Beaches and Parks Commission requesting completion of
the trail.
9. TILLER DAYS PARADE CANDY
Mayor Pro Tem Potts vowed to bring more candy for distribution
at next year's Tiller Days Parade.
10. PROCLAMATION - AUDIT COMMITTEE MEMBER FRANK GREINKE
Councilmember Thomas questioned the status of a proclamation for
former Audit Committee Member Frank Greinke.
Ronald Nault, Director of Finance, responded the proclamation
would be presented at the November 2, 1992 Council meeting.
11. EMPLOYEE REWARD PROGRAM STATUS
Councilmember Thomas requested agendizing the status of the
employee reward program at the November 16, 1992 Council
meeting.
12. TUSTIN TILLER DAYS - 1992
Councilmembers Thomas and Puckett, and Mayor Pontious commended
staff and volunteers for an outstanding Tustin Tiller Days
event.
13. NORTH TUSTIN/TUSTIN RESIDENTS WORK TOGETHER TO RESOLVE COMMON
PROBLEMS
Councilmember Thomas reported an incident at Tiller Days where
a school board candidate from North Tustin spoke disparagingly
of Tustin residents, and Councilmember Thomas requested that
North Tustin residents/associations work harmoniously with
Tustin residents/associations to resolve common problems and
issues.
XIV. CLOSED SESSION - None
XV. ADJOURNMENT
Mayor Pontious adjourned the meeting at 8:15 p.m. The next regular
meeting of the City Council was s heduled or day, November 2,
1992, 7:00 p.m., at the Tustin A a Sepi
L S IE ANNE ONTIOUS, MAYOR
MARY E. PYNN, C Y CLERK