HomeMy WebLinkAboutCC MINUTES 1991 12 02I.
II.
, IV.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
DECEMBER 21 1991
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Puckett at 7:00 p.m. in
the City Council Chambers, 300 Centennial Way. The Pledge of
Allegiance was led by Councilmember Edgar.
INVOCATION
The Invocation was given by Father MacCarthy, St. Cecilia's
Catholic Church.
ROLL CALL
Council Present:
Council Absent:
City Clerk:
Others Present:
PUBLIC HEARINGS
Charles E. Puckett, Mayor
Leslie Anne Pontious, Mayor Pro Tem
Richard B. Edgar
Jim Potts
Earl J. Prescott
None
Mary E. Wynn
William A. Huston, City Manager
James G. Rourke, City Attorney
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Dana Kasdan, Engineering Services Manager
Rita Westfield, Asst. Dir./Community Dev.
Randy Westrick, Recreation Supervisor
Katie Pitcher, Administrative Assistant
Valerie Whiteman, Chief Deputy City Clerk
Approximately 100 in the audience
1. FINAL SOURCE REDUCTION AND RECYCLING (SRRE) AND HOUSEHOLD
HAZARDOUS WASTE ELEMENTS (HHWE)
Rita Westfield, Assistant Director of Community Development,
summarized the history of the Final Source Reduction and
Recycling Element (SRRE), and Household Hazardous Waste Elements
(HHWE) mandated by Assembly Bills 939 and 2707. She highlighted
the components of the SRRE including source reduction,
recycling, compost, special waste, education, and public
information; and explained that the County of Orange would be
the lead agency on all diversion, education, and recycling
programs for the HHWE with City support of education and
legislative changes.
Council/staff discussion followed regarding recycling reduction
achievement levels through the materials recovery facility (MRF)
program.
Mayor Puckett opened the public hearing at 7:10 p.m. There were
no speakers on the subject and the public hearing was closed.
Council/staff discussion followed clarifying that commercial and
industrial programs were included in the SRRE.
It was moved by Edgar, seconded by Pontious, to approve the
environmental determination for the Source Reduction and
Recycling Element (SRRE) and Household Hazardous Waste Element
(HHWE) by adopting the following Resolution Nos. 91-154 and 91-
155; and approve the Final Source Reduction and Recycling
Element (SRRE) and the Household Hazardous Waste Element (HHWE)
by adopting the following Resolution No. 91-153:
RESOLUTION NO. 91-154 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR THE FINAL SOURCE REDUCTION AND
RECYCLING ELEMENT (SRRE) INCLUDING REQUIRED FINDINGS PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
CITY COUNCIL MINUTES
Page 2, 12-2-91
RESOLUTION NO. 91-155 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE
DECLARATION AS ADEQUATE FOR THE FINAL HOUSEHOLD HAZARDOUS WASTE
ELEMENT (HHWE) INCLUDING REQUIRED FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 91-153 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY'S FINAL SOURCE
REDUCTION AND RECYCLING ELEMENT (SRRE) AND HOUSEHOLD HAZARDOUS
WASTE ELEMENT (HHWE)
Motion carried 5-0. 830-40
2. PRICING INFORMATION ON TEMPORARY BANNER (13102 NEWPORT AVENUE
#106)
Mayor Puckett stated that the applicant requested this item be
continued to the January 6, 1992 Council meeting. Council
concurred. 680-40
V. PUBLIC INPUT
1. TRAFFIC SIGNAL/STOP SIGN INSTALLATION - YORBA/AMAGANSET AND
STOP SIGN INSTALLATION - "A"/SECOND STREETS AND "A"/THIRD
STREETS
The following members of the audience spoke in favor of a
traffic signal/stop sign installation at Yorba/Amaganset:
John Said, 14472 Heights Drive, Tustin
James W. Harris, 14621 Yorba Street, Tustin
Erick Said, 8813 Jefferson Drive, Buena Park
Anita Foley, 17291 Bergen Circle, Tustin
Germaine Guns, 17292 Amaganset Way, Tustin
Bob DeMeo, 17292 Bergen Circle, Tustin
Michael Said, 14472 Heights Drive, Tustin
Monica Said, 14472 Heights Drive, Tustin
Rod Sharp, 520 W. Main Street, Tustin
Kathleen Said, 8813 Jefferson Drive, Buena Park
Gerri Michaels, 17412 Vinewood Avenue, Tustin
Bruce Traywick, 14651 Pacific Street, Tustin
The following members of the audience spoke in favor of stop sign
installations at "A"/Second Streets and "A"/Third Streets:
Pete Van Dyken, 235 S. "A" Street, Tustin (submitted petition
to Council)
Albert Almond, 340 West Second Street, Tustin
Glory Van Dyken, 235 S. "A" Street, Tustin
Nancy Prescott, 230 S. "A" Street, Tustin
Trevor Hodges, 220 S. "A" Street, Tustin
Don Steinmeyer, 17322 Amaganset, Tustin
Bill Hankins, 220 S. "A" Street, Tustin
James Rourke, City Attorney, said the State prescribed precisely
under what conditions a city could install traffic control devices
and the City Council and City Engineer did not have the discretion
to initiate installation of traffic devices without a traffic study.
He stated that staff had started a re-evaluation warrant study for
Amaganset/Yorba based on current traffic information and the report
would be presented at a future meeting for Council action.
Council/staff discussion followed regarding 24-hour flashing lights,
painted speed limit on street, and traffic warrant studies at
Yorba/Amaganset and "A" Street.
It was moved by Edgar, seconded by Pontious, to conduct a traffic
warrant study on "A" Street. Council concurred.
Councilmember Edgar requested staff investigate implementing a
traffic infraction program for speeding violations in which
violators were fined immediately when stopped by police.
CITY COUNCIL MINUTES
Page 3, 12-2-91
Mayor Pro Tem Pontious stated the Council was deeply concerned and
was willing to investigate traffic mitigation measures; however,
State law set limitations on what the City could do.
Councilmember Potts cautioned that stop signs and traffic lights did
not protect people. He stated that due to freeway detours, traffic
was utilizing neighborhood surface streets and it was local
government's responsibility to take action.
It was moved by Edgar, seconded by Pontious, to agendize this matter
on an urgency basis.
Motion carried 5-0.
It was moved by Potts, seconded by Edgar, to install a stop sign and
flashing red lights at Yorba and Amaganset; and install stop signs
at "A"/Second Streets and "A"/Third Streets.
James Rourke, City Attorney, advised the City Council that placement
of traffic control devices without compliance with State law would
be illegal and would expose the City to liability.
Staff/audience discussion followed regarding the Vandenberg Lane
traffic signal warrant study.
Motion carried 5-0.
Mayor Puckett noted that the warrant study in -progress for
Yorba/Amaganset would proceed.
VI. CONSENT CALENDAR
Items No. 1, 2, 10, and 11 were removed from the Consent Calendar by
.- Councilmembers Potts and Edgar. It was moved by Pontious, seconded
by Edgar, to approve the remainder of the Consent Calendar as
recommended by staff. Motion carried 5-0.
3. REJECTION OF CLAIM NO. 91-39 - CLAIMANT, DONALD ROBBINS, DATE OF
LOSS, 7/22/91; DATE FILED WITH CITY, 8/16/91
Recommendation: Reject subject claim for property damage of
an undetermined amount as recommended by the City Attorney.
180-10
4. VESTING TENTATIVE TRACT MAP NO. 14410
RESOLUTION NO. 91-150 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR
85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND
ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING
TENTATIVE TRACT MAP NO. 14410 AND ALL FEASIBLE MITIGATION
MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Recommendation: Approve the environmental determination for
the project by adopting Resolution No.. 91-150; and
RESOLUTION NO. 91-151 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT
MAP NO. 14410 TO CREATE 146 NUMBERED AND 37 LETTERED LOTS FOR A
SINGLE FAMILY DETACHED DWELLING PROJECT LOCATED ON LOTS 7, 8,
"N", "O" AND "U" OF TRACT 13627
Recommendation: Approve Vesting Tentative Tract Map No. 14410
by adopting Resolution No. 91-151, as submitted or revised, as
recommended by the Community Development Department. 600-70
5. AWARD OF CONTRACT FOR WATER MAIN RELOCATION ON MAIN STREET AT I-
5 FREEWAY
Recommendation: Award the contract to Savala Construction
Company, Irvine, in the amount of $200,290.37 for the subject
project as recommended by the Public Works Department/
Engineering Division. 400-45
CITY COUNCIL MINUTES
Page 4, 12-2-91
6. RESOLUTION NO. 91-152 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING THE ADMISSION OF THE CITY
OF LAKE FOREST AS A PARTY TO THE FOOTHILL/EASTERN TRANSPORTATION
CORRIDOR AGENCY
Recommendation: Approve the admission of the City of Lake
Forest as a party to the Foothill/Eastern Transportation
Corridor Agency and authorize the Mayor to execute Amendment
No. 1 to the First Amended and Restated Joint Exercise of
Powers Agreement creating the Foothill/Eastern Transportation
Corridor Agency with the adoption of Resolution No. 91-152 as
recommended by the Public Works Department/Engineering
Division. 750-90
7. RESOLUTION NO. 91-156 - 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
SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, 1990-91 FISCAL YEAR
Recommendation: Adopt Resolution No. 91-156 accepting works
of improvement and repair and authorizing the recordation of
the Notice of Completion for the sidewalk and curb and gutter
project for fiscal year 1990-91 as recommended by the Public
Works Department/Engineering Division. 400-45
S. STATE -LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5271 PROGRAM
SUPPLEMENT NO. 1 (STATE -LOCAL TRANSPORTATION PARTNERSHIP
PROGRAM)
Recommendation: Approve and authorize the Mayor and City
Clerk to execute subject agreement supplement as recommended
by the Public Works Department/Engineering Division_ 400-75
9. REVISED FACILITY USE POLICIES AND FEE SCHEDULE
Recommendation: Adopt Revised Facility Use Policies and Fee
Schedule to be effective January 2, 1992, as recommended by
the Parks and Recreation Commission and Community Services —
Department. 900-25 /390-50
12. 1992 VACANCY LISTING FOR COMMISSIONS/COMMITTEES/BOARDS
Recommendation: Approve 1992 vacancy listing of City Council -
appointed Commissions, Committees and Boards for posting and
distribution to the public as recommended by the Office of the
City Clerk. 120-05
CONSENT CALENDAR ITEM NO. 1 - APPROVAL OF MINUTES - NOVEMBER 18,
1991 REGULAR MEETING
Councilmember Potts stated that under New Business Item No. 3, Legal
Services, the motion was to table the item; however, since he would
be requesting this item be agendized at a future date, the motion as
stated in the Minutes could remain.
It was moved by Potts, seconded by Pontious, to approve the City
Council Minutes of November 18, 1991.
Motion carried 5-0.
CONSENT CALENDAR ITEM NO. 2 - APPROVAL OF DEMANDS AND RATIFICATION
OF PAYROLL
Councilmember Potts stated he removed this item in error.
It was moved by Potts, seconded by Pontious, to approve the Demands
in the amount of $1,394,947.38 and ratify Payroll in the amount of
$290,696.40.
Motion carried 5-0. 380-10
360-82
CONSENT CALENDAR ITEM NO. 10 - RESOLUTION TO BE PRESENTED TO LEAGUE
OF CALIFORNIA CITIES RELATED TO COMMUNITY CARE FACILITIES
Councilmember Edgar stated the resolution was complex and difficult
to comprehend and requested the text be condensed and simplified.
It was moved by Edgar, seconded by Prescott, to continue this item
to the January 6, 1992 Council meeting, and requested staff simplify
CITY COUNCIL MINUTES
Page 5, 12-2-91
and condense the resolution format and attach the detail information
as back-up material.
Motion carried 5-0.
240-40
CONSENT CALENDAR ITEM NO. 11 - YORBA STREET -FIRST STREET TO IRVINE
BOULEVARD AHFP NO. 1293 RIGHT OF WAY AGREEMENT
Councilmember Edgar questioned if the City could request shared
funding for the construction as well as right-of-way acquisition;
and identification timeline for future AHFP projects.
Robert Ledendecker, Director of Public Works, replied that this
project was covered under two separate AHFP projects, right-of-way
acquisition and construction. He stated the application deadline
for new cooperative funding projects had changed due to formation of
the Orange County Transportation Authority.
It was moved by Edgar, seconded by Pontious, to approve and
authorize the Mayor and City Clerk to execute subject agreement.
Motion carried 5-0. 400-70
VII. ORDINANCES FOR INTRODUCTION - None
VIII. ORDINANCES FOR ADOPTION - None
IX. OLD BUSINESS
1. FEASIBILITY STUDY TO PROVIDE A MEDIAN OPENING ON TUSTIN RANCH
ROAD AT PALERMO
It was moved by Potts, seconded by Edgar, to continue this item
to the January 6, 1992 Council meeting.
Motion carried 5-0. 730-50
2. FRANCHISE AGREEMENT - REFUSE HAULING AND RECYCLING
James Rourke, City Attorney, said the City Council had been
asked to submit the franchise agreement for competitive bidding.
He stated the Council could not do so at this time because the
City had a contract with Great Western Reclamation and, in each
year of the contract, the term was extended for an additional
term of five years unless the City Council gave written notice
of intention to terminate at least six months prior to the end
of a contract year. Mr. Rourke outlined alternatives for
opening the bid process: (1) written notice of intention not to
continue and the term of the contract would terminate in five
years; (2) the City determined the service provided by the
contractor was below standards, gave forty-five day notice of
substandard services, and, if not corrected within forty-five
days, Council would conduct a public hearing and terminate the
contract effective one year following the City Council's action;
and (3) terminate the contract at any time based upon breach by
the contractor in the performance of its obligations prescribed
in the contract.
!^ Council/staff discussion followed regarding timeline involved in
giving notice to contractor; open competitive bidding; the three
alternatives outlined by the City Attorney; and imposing
conditions on perspective bidders.
It was moved by Potts, seconded by Prescott, that a written
notice of intention to terminate be given to Great Western
Reclamation six months prior to June 30, 1991; which would end
the contract in five years.
Councilmember Edgar stated that the county -wide statistics for
solid waste fees indicated that the City's program was very
competitive, and Great Western Reclamation had provided high
quality service.
CITY COUNCIL MINUTES
Page 6, 12-2-91
Mayor Pro Tem Pontious stated the City's recycling goal for 50
percent reduction of solid waste in the next nine years required
consistent service. She favored competitive bidding, however,
unique recycling circumstances required a long-term commitment.
The following member of the audience spoke in favor of opening
the franchise to competitive bidding:
Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin _
Councilmember Potts stated he believed that by opening a window
of opportunity now, it would allow the City five years to re-
evaluate the recycling service provided by Great Western
Reclamation.
Mayor Puckett stated he had not received complaints regarding
Great Western's service and they were doing a good job;
therefore, he would not support the motion.
Councilmember Prescott said the current contract between the
City and Great Western was a good one offering a window of
opportunity each year to give notice upon displeasure with
service or pricing, and he noted that no one had approached
Council in the past four years to complain about the trash
service.
Council/staff discussion followed regarding annual review of
service and pricing.
Councilmember Potts withdrew his motion,, agreeable to second.
It was moved by Prescott, seconded by Potts, to review Great
Western Reclamation contract in. August of each year; review to
include service level and rate structure.
William Huston, City Manager, clarified that the City
established the terms and conditions of the recycling program in
the contract with Great Western Reclamation.
The following members of the audience spoke in opposition to
continuance of the franchise agreement:
Gary Jackman, 5 Star Rubbish
Dolores Otting, 5 Star Rubbish
Council/staff discussion followed regarding licensing of MRF;
AB 939; and Great Western's franchise fee.
The following member of the audience responded to issues raised
during discussion of the franchise agreement:
Jerry Stevens, General Manager, Great Western Reclamation
Motion carried 5-0. 400-10
R. NEW BUSINESS
1. AMENDMENT TO CONFLICT OF INTEREST CODE
James Rourke, City Attorney, stated this report would be
presented at the January 6, 1992 Council meeting.
The following member of the audience spoke in favor of amending
the Conflict of. Interest Code and placing a campaign reform
ordinance on the June 1992 primary ballot:
Berklee Maughan, Tustin
Councilmember Prescott requested the campaign reform ordinance
and the amendment to the Conflict of Interest Code be agendized
at the February 18, 1992 Council meeting. Council concurred.
445-40
CITY COUNCIL MINUTES
Page 7, 12-2-91
2. REQUEST FOR REMOVAL OF ON -STREET PARKING PROHIBITIONS ON LAGIER
WAY DURING THE HOLIDAY SEASON (11-27-91 TO 1-2-92)
Dana Kasdan, Engineering Services Manager, reported that staff
had contacted resident, Jane Anderson, and the Orange County
Fire Department regarding denial of the request to remove on -
street parking prohibitions on Lagier Way during the holidays.
,-. It was moved by Edgar, seconded by Potts, to deny the request to
remove existing on -street parking prohibitions on Lagier way
during the holiday period from November 27, 1991 to January 2,
1992; and advise the Sevilla Homeowners Association that
additional on-site parallel parking is available for their use
adjacent to curbs not painted red and labeled "Fire Lanes".
Motion carried 5-0. 770-50
XI. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 25, 1991
It was moved by Pontious, seconded by Potts, to ratify the
Planning Commission Action Agenda of November 25, 1991.
Motion carried 5-0.
2. ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS
120-50
Rita Westfield, Assistant Director of Community Development,
reported that during the past five years, five additional
Alcoholic Beverage Control licenses were approved; however, the
total number of licenses per 1,000 persons in Tustin had
decreased.
Councilmember Edgar stated the City's goal was to create less
opportunity for purchasing alcoholic beverages in Tustin and the
City was successful in achieving this goal.
It was moved by Potts, seconded by Pontious, to receive and file
subject report.
Motion carried 5-0. 610-20
XII. PUBLIC INPUT - None
XIII. OTHER BUSINESS
1. PROCLAMATION REQUEST - ALISON WELLMERLING
Councilmember Edgar requested a proclamation be presented to
Alison Wellmerling for winning the California State Baton
Twirling Championship.
2. PROCLAMATION REQUEST - ROY BATES
Mayor Pro Tem Pontious requested a proclamation for Roy Bates
who purchased a wheelchair for Ethel Rios.
3. HAPPY HOLIDAY SEASON
Mayor Pro Tem Pontious and Councilmember Prescott wished
everyone a happy holiday season and happy new year.
4. LEFT -TURN ARROWS
Councilmember Potts reported the City of Irvine eliminated 44
left -turn arrows and requested staff submit an informational
report on the subject.
5. PARKING VARIANCE - TUSTIN EAST LITTLE LEAGUE
Councilmember Potts requested status on the parking variance on
Browning for the Tustin East Little League.
CITY COUNCIL MINUTES
Page 8, 12-2-91
William Huston, City Manager, responded a report would be
submitted at the January 6, 1992 Council meeting.
6. CONSENT CALENDAR ITEM NO. 7 - RESOLUTION NO. 91-156
Councilmember Potts stated he would discuss Consent Calendar
Item No. 7 with staff.
7. GET WELL WISHES - RYAN MCINTOSH
Councilmember Prescott sent Ryan McIntosh, Mt. Baldy hiker who
was lost for 2 days, get well wishes.
S. GRAFFITI - I-5/TUSTIN HIGH SCHOOL AND SR 55/SEVENTEENTH STREET
Councilmember Prescott reported graffiti at I-5/Tustin High
School and at SR 55/Seventeenth Street.
Council/staff discussion followed regarding publishing the
graffiti hot line number on a regular basis; Caltrans graffiti
task force; and the City entering Caltrans property for graffiti
removal.
9. TUSTIN HIGH SCHOOL FOOTBALL TEAM - CIF SEMI-FINALS
Mayor Puckett reported Tustin High School football team had
advanced to the CIF semi-finals.
10. ADJOURNMENT IN MEMORY OF PAQUITA SAID
Mayor Puckett offered condolences to the Said family and
requested adjournment in memory of Paquita Said, who was struck
and killed in a crosswalk on November 24, 1991.
XIV. ADJOURNMENT
Mayor Puckett ,adjourned the meeting at 9:23 p.m. in memory of
Paquita Said. The next regular meeting of the City Council was
scheduled for Monday, January 6, 1992, at 7:00 p.m. (The City
Council meeting scheduled for December 16, 1991, was canceled).
CHARLES E. PUCKETT, MAYOR
MARY E PYNN, CITY CLERK