HomeMy WebLinkAboutCC MINUTES 1992 08 03MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
AUGUST 31 1992
Z. CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Pontious at 7:01 p.m. at
the Tustin Area Senior Center, 200 South "C" Street, Tustin,
California. The Pledge of Allegiance was led by Councilmember
Thomas.
^"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
Jeff Thomas
Council Absent:
Thomas R. Saltarelli
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
Dan Fox, Senior Planner
Gary Veeh, Water Services Manager
Susan Jones, Recreation Superintendent
Anne Bonner, Associate Planner
Irma Hernandez, Administrative Assistant
Valerie Whiteman, Chief Deputy City Clerk
Approximately 30 in the audience
IV. PRESENTATION - 1992 EL CAMINO REAL CHAMPIONSHIP CHILI COOKOFF
WRAP-UP
Victor Gorham, Chili Cookoff Steering Committee representative,
presented proceeds from the 1992 Chili Cookoff in the amount of
$7,000.00 to the Tustin Parks for Youth Campaign.
Mayor Pontious and James Kane, Parks and Recreation Commission
Chairperson, thanked the Chili Cookoff Steering Committee for the
donation and all the volunteers who helped make the Chili Cookoff
a successful event. 125-20
V. PUBLIC HEARINGS
1. APPEAL OF LARGE FAMILY DAY CARE HOME, LPD 92-002 - 13022
RANCHWOOD ROAD
Anne Bonner, Associate Planner, reported that on July 13,
1992, the Planning Commission had approved an application for
a Large Family Day Care Home at 13022 Ranchwood Road. On July
16, 1992, staff received an appeal from the adjacent property
owner on the following grounds: various Tustin City Code
violations; and permission from the co-owners of the property
had not been granted. She stated that staff had investigated
each reason cited in the appeal and recommended that Council
uphold the Planning Commission's action.
Mayor Pontious opened the Public Hearing at 7:10 p.m.
The following member of the audience spoke in opposition to
the Large Family Day Care Home, 13022 Ranchwood Road:
Ernest Barrett, 13032 Ranchwood Road, Tustin
The following member of the audience spoke in favor of the
Large Family Day Care Home, 13022 Ranchwood Road:
Duane Patterson, 13152 Laburnum Drive, Tustin
CITY COUNCIL MINUTES
Page 2, 8-3-92
The following member of the audience noted primary and
secondary parking omissions in Planning Commission Resolution
No. 3056, Exhibit A:
Parker Hart, 13042 Ranchwood Road, Tustin
There were no other speakers on the subject and the Public
Hearing was closed at 7:20 p.m.
Councilmember Puckett stated that because information had not
been presented to support the appeal, he would uphold the
Planning Commission's decision.
Council/staff discussion followed regarding modification of
Planning Commission Resolution No. 3056, Exhibit A, to include
primary/secondary parking.
It was moved by Thomas seconded by Puckett, to adopt the
following Resolution No. 92-96 with parking modifications:
RESOLUTION NO. 92-96 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF LFD 92-002 AUTHORIZING THE OPERATION
OF A LARGE FAMILY DAY CARE HOME AT 13022 RANCHWOOD ROAD
Christine Shingleton, Assistant City Manager, clarified that
Planning Commission Resolution No. 3056, Condition II B,
should be modified as follows: ..large family day care
operation indicating primary parking in the driveway area and
secondary parking along the street.
Mayor Pro Tem Potts stated that information presented did not
support the appeal; therefore, he was in favor of approving
the Large Family Day Care Home. He noted his disappointment —
at some public hearing testimony referring to racial issues,
and encouraged cultural cohesiveness.
Motion carried 4-0, Saltarelli absent. 250-30
2. PROPOSED AMENDMENT TO TUSTIN CITY CODE RELATED TO FOOD
HANDLING BUSINESSES AND HEALTH SERVICE FEES - ORDINANCE NO.
1095
Christine Shingleton, Assistant City Manager, reported that
in order for the County of Orange to set standards, regulate,
and enforce Health Code provisions for food businesses located
in Tustin, municipal codes must include such provisions and
County enforcement authority.
Mayor Pontious opened the Public Hearing at 7:25 p.m. There
were no speakers on the subject and the Public Hearing was
closed.
It was moved by Puckett seconded by Thomas, that Ordinance
No. 1095 have second reading by title only. Motion carried
44=0, Saltarelli absent.
Following second reading by title only of Ordinance No. 1095
by the City Clerk, it was moved by Thomas, seconded by Potts,
to adopt the following Ordinance No. 1095:
ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF
ARTICLE 4 OF THE TUSTIN CITY CODE AS THEY RELATE TO FOOD
HANDLING BUSINESSES AND HEALTH SERVICES FEES
Motion carried 4-0, Saltarelli absent (roll call vote). 240-60
3. LEVY OF ANNUAL ASSESSMENTS FOR THE 1992-93 FISCAL YEAR FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT
Mayor Pontious opened the Public Hearing at 7:26 p.m. There
were no speakers on the subject and the Public Hearing was
closed.
CITY COUNCIL MINUTES
Page 3, 8-3-92
It was moved by Puckett. seconded by Thomas, to adopt the
following Resolution No. 92-87:
RESOLUTION NO. 92-87 - 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 1992-93 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 4-0, Saltarelli absent.
340-60
4. ADOPTION OF 1992-93 SOLID WASTE COLLECTION ASSESSMENT REPORT
Ronald Nault, Finance Director, summarized the annual
adjustment of rates for solid waste collection consisting of
collection charge; disposal charge; and the Material Recovery
Facility (MRF) charge. He noted an additional $0.25 per month
that the City collected to provide for delinquencies and the
public information cost of the recycling program. He stated
that the City had adjusted the disposal cost portion of the
rate down $0.97 per month based on the confirmed tonnages of
residential waste transported to the MRF; and had received a
refund of $109,871 from Great Western Reclamation based on the
difference from the estimated tonnage used to establish the
1991-92 rates and the actual tonnage collected. He summarized
the recommendation of residential and commercial service rates
and the suggestion that the City deposit the $109,871 refund
check into a trust account to offset the disposal rate
increase expected for 1993-94.
Council/staff discussion followed regarding refunding the
$109,871 to residents or placing it into a trust account; and
future increase in County landfill gate fees resulting in City
rate increases.
William Huston, City Manager, clarified that County imposed
landfill gate fees could not be controlled by the City and
would probably be significantly increased due to mandates for
landfill clean-up/closures.
Mayor Pontious opened the Public Hearing at 7:35 p.m.
The following members of the audience spoke in opposition to
the 1992-93 Solid Waste Collection Assessment Report:
Dolores Otting, 5 Star Rubbish Service representative, 2130
Canyon Drive, Costa Mesa
Madeline Arakelian, 2021 Business Center Drive, Irvine
There were no other speakers on the subject and the Public
Hearing was closed at 7:40 p.m.
Ronald Nault, Finance Director, and Christine Shingleton,
Assistant City Manager, responded to questions raised by the
speakers concerning Exhibits A and C of the staff report dated
August 3, 1992, and the City's Source Reduction and Recycling
�--+ Element.
Additional Council/staff discussion followed regarding future
increase of landfill gate fees.
Councilmember Thomas stated government seldom returned money
to citizens and he suggested refunding the $109,871 to the
residents with an explanatory note on possible future rate
increases.
Councilmember Puckett said he favored placing the refund into
a trust account to offset future landfill gate fee increases
and wanted to re-evaluate the situation next year.
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Page 4, 8-3-92
Mayor Pontious said she also favored depositing the refund in
a trust account specifying that the account would be used
against future rate increases.
Mayor Pro Tem Potts said he favored refunding the money to the
residents; and suggested staff conduct periodic MRF
monitoring.
Council concurred to continue disposition of the $109,871
refund from Great Western Reclamation for 30 days.
It was moved by Thomas seconded by Potts, to adopt the
following Resolution No. 92-97 approving the 1992-93 Solid
Waste Collection Assessment Report and direct the Finance
Director to place the new assessments on the tax role for
fiscal year 1992-93:
RESOLUTION NO. 92-97 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS
OF SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE
STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORT RELATIVE
TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION
SERVICES, DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION
TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND
AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL
Motion carried 4-0, Saltarelli absent. 830-50
VI. PUBLIC INPUT
1. DISBURSEMENT OF TRASH REFUND
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, commented
that delaying disbursement of the trash refund would not
benefit residents who had participated in the recycling
program and would reward future residents who had not
contributed.
2. ROLLER HOCKEY
Chris Mudd, 14401 Cloverbrook Avenue, Tustin, expressed
interest in starting a roller hockey league in the City.
VII. CONSENT CALENDAR
Items No. 3 and 5 were removed from the Consent Calendar by
Councilmember Thomas and Mayor Pro Tem Potts. It was moved by
Potts seconded by Puckett, to approve the remainder of the
Consent Calendar as recommended by staff. Motion carried 4-0,
Saltarelli absent.
1. APPROVAL OF MINUTES - JULY 20, 1992 REGULAR MEETING
Recommendation: Approve the City Council Minutes of July
20, 1992.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$1,513,701.40 and ratify Payroll in the amount of
$298,113.79. 380-10 —
360-82
4. AUTHORIZATION TO REQUEST BIDS FOR WATER SCADA SYSTEM
Recommendation: Authorize the Mayor and City Clerk to
solicit bids for a Supervisory Control and Data Acquisition
(SCADA) system for the City's water distribution network as
recommended by the Public Works Department/Water Services
Division. 400-45
CONSENT CALENDAR ITEM NO. 3 - COPY MACHINE LEASE AGREEMENT
Councilmember Thomas announced he would abstain on this issue due
to his affiliation with the Xerox Corporation.
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It was moved by Puckett. seconded by Potts, to authorize the
Police Department to enter into a 60 -month lease agreement with
Xerox Corporation for a copy machine lease.
Motion carried 3-0, Thomas abstained, Saltarelli absent. 380-40
CONSENT CALENDAR ITEM NO. 5 - AWARD OF CONTRACT FOR DESIGN
SERVICES FOR TUSTIN SPORTS PARR MASTER PLAN
Mayor Pro Tem Potts questioned who determined selection of the
contractor; and requested that the Parks and Recreation Commission
Chairperson be included in future proposal reviews.
Christine Shingleton, Assistant City Manager, responded that the
judges were Susan Jones, Recreation Superintendent; Randy
Westrick, Recreation Supervisor; and Ed Elowe, Project Manager.
It was moved by Potts, seconded by Thomas, to award the contract
for design services for the Tustin Sports Park Master Plan to the
firm of Anthony and Langford for a fee not to exceed $70,000 plus
reimbursable expenses.
Motion carried 4-0, Saltarelli absent.
VIII. ORDINANCES FOR INTRODUCTION - None
IX. ORDINANCE FOR ADOPTION
930-30
1. ORDINANCE NO. 1093 - AMENDMENT TO CONTRACT WITH PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (PERS)
It was moved by Puckett, seconded by Thomas, that Ordinance
No. 1093 have second reading by title only. Motion carried
44=0, Saltarelli absent.
Following second reading by title only of Ordinance No. 1093
by the City Clerk, it was moved by Puckett, seconded by
Thomas, to adopt the following Ordinance No. 1093:
ORDINANCE NO. 1093 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT FOR
MISCELLANEOUS EMPLOYEES TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Motion carried 4-0, Saltarelli absent (roll call vote). 520-60
X. OLD BUSINESS
1. MEMORANDUM OF UNDERSTANDING MARINE CORPS AIR STATION, TUSTIN
Christine Shingleton, Assistant City Manager, reported that
the Department of Defense Office of Economic Adjustment
approved the City's grant request of $750,000 for preparation
of a joint Environmental Impact Report/Statement for disposal
of the base project, and the City's preparation and adoption
of a Specific Plan. A condition of the grant was a Memorandum
of Understanding with the Marine Corps Air Bases Western Area,
which outlined the scope of work for the project and
obligations of each party.
It was moved by Puckett. seconded by Thomas, to authorize the
City Manager and Assistant City Manager to execute the subject
Memorandum of Understanding.
Motion carried 4-0, Saltarelli absent. 400-80
2. RED HILL AVENUE, EDINGER AVENUE TO I-5 FREEWAY
It was moved by Potts, seconded by Thomas, to receive and file
subject report.
Mayor Pro Tem Potts requested this item be presented at the
Town Hall meeting on August 25, 1992, for further discussion.
CITY COUNCIL MINUTES
Page 6, 8-3-92
The following member of the audience expressed his concern
regarding lack of bicycle lanes on Red Hill Avenue, and the
potential danger for bicyclists on the Red Hill Avenue bridge:
Todd Ferguson, Tustin
Motion carried 4-0, Saltarelli absent. 760-50
XI. NEW BUSINESS
1. REQUEST TO WAIVE REQUIREMENTS TO CONSTRUCT SIDEWALKS AT 2512-
2522 CHAMBERS ROAD (CRESTMARK REAL ESTATE AND INVESTMENTS)
Robert Ledendecker, Director of Public Works, reported that
staff received a request from Crestmark Real Estate and
Investments to waive the standard sidewalk construction
requirement adjacent to their building located at 2512-2522
Chambers Road.
Mayor Pro Tem Potts stated he favored waiving the sidewalk
construction requirement at this time because installation of
a sidewalk would force the business to remove recently planted
trees and landscaping, and there was minimal pedestrian
traffic. He stated this subject could be re-evaluated in the
future.
Councilmember Puckett said he opposed the request to waive the
requirements for sidewalks because he did not observe trees
that would have to be removed; the section requiring sidewalks
was minimal; and installation would complete flow of sidewalks
in that area.
Mayor Pontious stated that pedestrian traffic was forced to
walk in the street and for their safety, she was in favor of
denying the request to waive sidewalk requirements.
Councilmember Thomas said he favored waiving the requirements
to construct the sidewalk because of the current economic
condition; but, Council could re-examine the subject at a
later date.
Mayor Pontious stated there were only certain development
actions that could trigger the City's ability to require
sidewalks and requested staff investigate alternative
approaches and submit recommendations.
It was moved by Potts seconded by Thomas, to continue this
item for 30 days.
Motion carried 4-0, Saltarelli absent. 730-25
XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - JULY 27, 1992
It was moved by Thomas seconded by Potts, to ratify the
Planning Commission Action Agenda of July 27, 1992.
Motion carried 4-0, Saltarelli absent.
120-50 —
2. 1991-92 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT
QUARTERLY UPDATE
It was moved by Puckett seconded by Thomas, to receive and
file subject report.
Motion carried 4-0, Saltarelli absent.
3. AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN
730-90
It was moved by Puckett seconded by Thomas, to receive and
file subject report.
Motion carried 4-0, Saltarelli absent. 250-75
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XIII. PUBLIC INPUT - None
XIV. OTHER BUSINESS
1. QUALIFICATION REQUIREMENTS - CULTURAL RESOURCES COMMITTEE
Mayor Pro Tem Potts requested a report at the August 17, 1992
Council meeting on qualification requirements for the Cultural
Resources Committee membership.
2. IMMIGRATION AND NATURALIZATION ASSISTANCE - DRYWALL STRIKERS
Mayor Pro Tem Potts reported excessive cost/time incurred by
the Police Department to control activities of drywall
strikers, and stated he would write a letter to Congressman
Cox requesting the Immigration and Naturalization Service
become actively involved.
Councilmember Thomas voiced his support of Immigration and
Naturalization Service assistance during drywallers' protest.
3. STATE BUDGET CRISIS
Councilmember Thomas stated his frustration with the State
budget crisis.
4. TOWN HALL MEETING - AUGUST 25
Councilmember Thomas requested residents attend the Town Hall
meeting on August 25, 1992, at the Tustin Area Senior Center.
5. "TASTE OF TUSTIN"
,.. Councilmember Puckett and Mayor Pontious reported the "Taste
of Tustin" was a successful event.
XV. CLOSED SESSION
XVI
Mayor Pontious announced the City Council would recess to Closed
Session to consider personnel matters pursuant to Government Code
Section 54957.
Mayor Pontious adjourned the meeting at 8:30 p.m., and announced
the City Council had scheduled a Budget Workshop on Monday, August
17, 1992, 5:0.0 p.m., at the Tustin Area Senior Center; and the
next regular meeting of the City Council was scheduled for Monday,
August 17, 1992, 7:00 p.m., at the Tustin Area Senior Center.
C�c� �j�Cazc,�lJ
LESLIE ANNE PONTIOUS,, MAYOR
1-� 4 is C—, `1
MARY E. YNNI CITY�CLERK