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HomeMy WebLinkAboutCC MINUTES 1990 05 07MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MAY 71 1990 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Edgar. II. INVOCATION The Invocation was given Mayor Edgar. VISITORS FROM HELEN ESTOCK ELEMENTARY SCHOOL Mayor Edgar acknowledged that Mrs. Watts' fifth grade class from Estock Elementary School was in attendance. The class was studying city government and had their own city called "Watts -Angeles". Mayor Edgar invited the Watts -Angeles City Council (Mayor Kim Rey Bonus and Councilmembers Jessica Belling, Mike Crosby, Jonne Stephens and Kelly Manahan) to sit at the dias and participate in the City Council meeting. III. ROLL CALL Council Present: Richard B. Edgar, Mayor Charles E. Puckett, Mayor Pro Tem Leslie Pontious Jim Potts Earl J. Prescott Council Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Community Development W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Susan Jones, Recreation Superintendent Rita Westfield, Asst. Dir./Comm. Development Valerie Whiteman, Chief Deputy City Clerk Mrs. Watts' Fifth Grade Class, Estock School Approximately 80 in the audience IV. PROCLAMATIONS 1. TUSTIN OLDER AMERICANS MONTH Mayor Edgar read and presented a proclamation which declared the month of May as Tustin Older Americans Month honoring area seniors who give their time and experience to the community. Jacqueline Thomas, Tustin representative for the Orange County Senior Advisory Council, accepted the proclamation and expressed appreciation for the Council's continued support. 2. FIRE SERVICE RECOGNITION DAY - MAY 12, 1990 Mayor Edgar read and presented a proclamation designating May 12, 1990, as Fire Service Recognition Day and commending the Orange County Fire Department for dedicated service. Battalion Chief Mike Burnett accepted the proclamation and invited everyone to attend Open House events at local fire stations on May 12, 1990. V. PUBLIC HEARING 1. RECOVERY OF CITY INCURRED COST OF A NOTICE TO CLEAN PREMISES ON LOT 15, BLOCK 12 IRVINE SUBDIVISION Christine Shingleton, Director of Community Development, reported the total city incurred expenses at subject property for weed abatement action were $413.13. CITY COUNCIL MINUTES Page 2, 5-7-90 Mayor Edgar opened the Public Hearing at 7:10 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Puckett, seconded by Prescott, to adopt the following Resolution No. 90-49 approving a special assessment of four hundred thirteen dollars and thirteen cents ($413.13): RESOLUTION NO. 90-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY IDENTIFIED AS LOT 15 IN BLOCK 12 IRVINE SUBDIVISION FOR THE COST INCURRED BY _ THE CITY FOR THE NOTICE TO CLEAN PREMISES 81 Motion carried 5-0. VI. PUBLIC INPUT 1. SPARK ARRESTER PUBLIC AWARENESS PROGRAM Frank Steward, 3501 W. Flower, Fullerton, expressed concern with the lack of spark arresters on existing dwellings and he suggested a public awareness program to alert residents. Nancy Edgell, 345 W. Main Street, Tustin, spoke in support of a public awareness program for spark arresters and said the Tustin Aquatics would be willing to inspect roofs free of charge during the month of May. Christine Shingleton, Director of Community Development, responded that the current Fire Code contained provisions requiring spark arresters on new construction. She agreed with the suggestions regarding a public awareness program and stated staff would submit a report for Council consideration. 2. RECYCLING PROGRAM Gerald Feldman, 13191 Wickshire Lane, Santa Ana, representing Tustin Residents Action Committee (TRAC), reaffirmed the need for a recycling program in Tustin and encouraged the Council to conduct public workshops on the matter. William Huston, City Manager, responded that there were numerous compliance aspects to AB 939 one of which was recycling. Staff anticipated submitting a preliminary report to the Council at their meeting on June 18, 1990. 3. RENT CONTROL Jenell Berryman expressed concern with increased rents at the Trail -A -Way Trailer Park and requested the issue be agendized. Council concurred. 4. ABORTION DEMONSTRATION AT DOCTOR'S FAMILY PLANNING MEDICAL CLINIC Daniel Bigos, 168 North "A" Street, Tustin, expressed concern about the recent abortion demonstrations at the Doctor's Family Planning Clinic and the negative impacts it had upon his neighborhood. He requested the Council pursue necessary legal action to restore order and submitted a petition accordingly. William Tolin, 165 North "A" Street, Tustin, objected to the — expenditure of tax dollars to control demonstrators and to the street closure which caused him considerable hardship. Zapora Shifberg-Mencher, 16282 Main Street #3B, Tustin, spoke in support of the Doctor's Family Planning Clinic. VII. CONSENT CALENDAR It was moved by Prescott, seconded by Pontious, to approve the Consent Calendar. Motion carried 5-0. 1. APPROVED MINUTES - APRIL 17, 1990, ADJOURNED REGULAR r� CITY COUNCIL MINUTES Page 3, 5-7-90 2. APPROVED DEMANDS IN THE AMOUNT OF $1,656,656.80 RATIFIED PAYROLL IN THE AMOUNT OF $249,944.07 50 3. ASSET FORFEITURE APPROPRIATIONS (See New Business No. 2). 4. REJECTION OF CLAIM NO. 90-10 - CLAIMANT -SHELLY BROWN; DATE OF LOSS -1/21/90; DATE FILED WITH CITY -4/3/90 Rejected subject claim for property damages in the amount of $263.14. 40 S. AUTHORIZATION TO ADVERTISE FOR BIDS FOR REPLACEMENT OF PLAY EQUIPMENT AT PINETREE PARR Approved specifications for the replacement of play equipment at Pinetree Park and directed the City Clerk to advertise for bids; and authorized a supplemental budget appropriation in the amount of $30,000 in the 1989-90 Capital Improvement Budget for replacement of play equipment at Pinetree Park. 77 6. AUTHORIZATION TO SOLICIT PROPOSALS FOR CONSULTANT SERVICES TO PREPARE PLANS AND SPECIFICATIONS FOR SCADA SYSTEM Authorized staff to solicit requests for proposal for consultant services to prepare plans/specifications for a Supervisory Control and Data Acquisition (SCADA) system. 107 7. RESOLUTION NO. 90-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING JENNIFER RAUE AS THE DISADVANTAGED BUSINESS ENTERPRISE LIAISON OFFICER FOR THECITY - OF TUSTIN Adopted Resolution No. 90-51 designating Jennifer Raue as the Disadvantaged Business Enterprise Liaison Officer for the City of Tustin. 86 S. REQUEST FOR TREE REMOVALS Approved requests for tree removals at the following locations: 2351 Coco Palm Drive, 14391 Acacia Drive, 13682 Carroll Way, 14491 Heights Drive, 17651 Limetree Way and 14492 Cloverbrook Drive; and denied request for tree removal at the following location: 14572 Raintree. 86 VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1046 - NEWSRACKS REGULATION It was moved by 1046 have first by title only. that Ordinance No. Mayor Edgar clarified that the City's current Ordinance, in effect since 1973, prohibited newsracks in the public right-of- way and had been declared unenforceable by the City Attorney. Ordinance No. 1046 would allow newsracks with restrictions, such as masking which limited what was displayed to the public. The following member of the audience spoke in opposition to pornographic material: William Hayes, 14651 Mimosa Lane, Tustin Councilmember Prescott stated Ordinance No. 1046 would legalize the placement of pornographic vending machines on City streets and he was opposed to the Ordinance. Following first reading by title only of Ordinance No. 1046 by the City Clerk, it was moved by Pontious, seconded by Edcrar, that the following Ordinance No. 1046 be introduced: ORDINANCE NO. 1046 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE REGARDING THE REGULATION OF NEWSRACKS Motion carried 4-1, Prescott opposed. 86 CITY COUNCIL MINUTES Page 4, 5-7-90 IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1037 - ESTABLISHMENT OF TRANSPORTATION IMPROVEMENT PROGRAM AREAS AND DEVELOPMENT FEES Mayor Edgar stated this Ordinance would enable the City to mandate every commercial/ industrial construction project between the Cities of Santa Ana and Tustin to pay fees for traffic mitigation. He noted that residential construction was not effected. It was moved by Puckett, seconded by Pontious, that Ordinance No. 1037 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1037 by the City Clerk, it was moved by Pontious, seconded by Potts, that the following Ordinance No. 1037 be passed and adopted: ORDINANCE NO. 1037 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE BY ADDING SECTION 8101 k. TO ESTABLISH A TRANSPORTATION SYSTEM IMPROVEMENT DEVELOPMENT FEE Motion carried 4-0, Prescott abstained (roll call vote). 100 It was moved by Puckett, seconded by Pontious, to adopt the following Resolution No. 89-165: RESOLUTION NO. 89-165 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM AREAS AND SETTING INTERIM DEVELOPMENT FEES Motion carried 4-0, Prescott abstained. 100 X. OLD BUSINESS 1. AIRPORT STATUS REPORT - JOHN WAYNE AIRPORT (JWA), COALITION FOR A RESPONSIBLE AIRPORT SOLUTION (CRAB) AND AIRPORT SITE COALITION (ASC) Christine Shingleton, Director of Community Development, reported (1) ORAS was concerned that only a selective number of cities were invited to join the new group, Orange County Cities Airport Authority (OCCAA), and CRAS recommended that commitment to membership be withheld until invitations to join were extended to all cities; (2) Kathy Weil had been reelected to the CRAS Board of Directors; (3) potential selection of City of Adelanto as a commercial airport site; and (4) County task force comments on ASC Final Report were expected approximately June 3, 1990. Mayor Edgar and Councilmembers Pontious and Potts voiced their support that all cities should have the opportunity to participate in OCCAA. Councilmember Puckett commended Kathy Weil for the excellent CRAS representation and reporting she had given the City. It was moved by Puckett, seconded by Pontious, to receive and file subject report. Motion carried 5-0. 101 2. INTERIM FEE INCREASE PURSUANT TO MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Mayor Edgar explained there had been a need to re -analyze the quotient of the total corridor cost and developer fees to maintain the 48% standard established four years ago. Approval of Resolution No. 90-50 would bean affirmation of fees currently paid by the City. It was moved by Potts, seconded by Pontious, to adopt the following Resolution No. 90-50: CITY COUNCIL MINUTES Page 5, 5-7-90 RESOLUTION NO. 90-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING THE AREAS OF BENEFIT AND APPROVING AN INTERIM INCREASE IN DEVELOPMENT FEES OF THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Motion carried 4-0, Prescott abstained. Mayor Edgar noted that updated information could result in further increases in approximately 2-3 months. 54 3. OVERCROWDING IN THE SOUTHWEST PORTION OF THE CITY Susan Tebo, Senior Planner, reported on the following: staff had determined that the overcrowding issue in the southwest portion of the City was largely cultural; increase in extended families living together; definition of "family"; definition of habitable space; use of generally accepted standards to define overcrowding; Problem -Oriented Policing (POP), a team oriented program to deal with various problems in the southwest portion of the City; and code enforcement needs. Council/staff discussion followed regarding POP program; involvement of Childrens' Protective Services; definition of overcrowding; ascertaining specific problems and number/ages of children effected. Mayor Edgar requested a status report in 60 days outlining standards to define overcrowding, number/ages of children in the area and number of adults in the area. Christine Shingleton, Director of Community Development, responded that staff would submit pertinent data available but without doing a survey of every household in the southwest area, identification of the total number of individuals would be impossible. It was moved by Pontious, seconded by Puckett, to receive and file subject report and agendize an update in 60 days. Motion carried 5-0. 81 4. CITY OF TUSTIN AUDIT COMMITTEE'S RECOMMENDATION FOR SELECTION OF EXTERNAL AUDITORS FOR THE FIVE YEAR PERIOD BEGINNING JUNE 30, 1990 The following members of the audience spoke regarding the Audit Committee's evaluation/rating process; auditor rotation policy, bid fees and number of hours required to complete the City's audit: Ernie Ching, 1602 Grand Oak Circle, Tustin (representing Miranda Strabala & Associates) Robert Miranda, Miranda Strabala & Associates Walter Sullens, Audit Committee Chairperson, responded to the concerns of the speakers and stated reasons the Audit Committee recommended Diehl, Evans & Company. Council/speakers/Audit Committee Chairperson discussion followed regarding rating of zero given by a member of the Audit Committee to Miranda Strabala & Associates and continuity of retaining auditors. Mayor Pro Tem Puckett stated the difference in the overall points between Miranda Strabala and Diehl, Evans was considerable and he did not feel the zero rating would have made a difference in equaling the total given to Diehl, Evans. Councilmember Pontious agreed but had some concerns that members of the Audit Committee used different rating methods. She did not think in this case the final outcome would have changed, but encouraged the Audit Committee to use a standard rating system. CITY COUNCIL MINUTES Page 6, 5-7-90 Councilmember Potts expressed concern about the number of hours involved to complete the audit, "checks and balances" procedures, and his lack of knowledge as to the membership of the Audit Committee. He did not feel he had sufficient input to vote on this issue and required additional information. Council/staff/Audit Committee Chairperson discussion followed regarding a misappropriation of City funds that occurred over five years ago under a different auditor and preventive accounting controls that resulted. Councilmember Prescott stated because of the importance of the decision and the majority of the Council was new, he felt the matter should be continued. Council/staff/Audit Committee Chairperson discussion followed regarding: the five-year time expanse of the auditor contract was revocable at any time; additional expense involved to rotate auditors; respect for judgement of Audit Committee members; Council receipt of Audit Committee's Annual Report; effect that delayed award of contract would have on the audit process; and the selection process for the auditor was more extensive than what was normally required by the City for a similar contract. The following members of the audience spoke regarding the auditor contract: Al Shifberg-Mencher, 16282 Main Street #3B, Tustin Zapora Shifberg-Mencher, 16282 Main Street #3B, Tustin It was moved by Puckett, seconded by Pontious, to authorize the Finance Director to sign an agreement appointing the firm of Diehl, Evans and Company as the external auditors for the City for a five year period beginning June 30, 1990. Mayor Edgar supported the motion and felt the Audit Committee had done a thorough selection process. He stated future consistency was desireable. Motion carried 3-2, Potts and Prescott opposed. Council concurred to direct staff to submit a report outlining the hours incurred by Diehl, Evans during previous years; and to plan joint dinner meetings between the City Council and the Audit Committee, Planning Commission, Parks and Recreation Commission, and Tustin Unified School District Board of Education. 27 XI. NEW BUSINESS 1. MAYORAL APPOINTMENTS Mayor Edgar made the following appointments: Committee Vector Control Sant. District 1 Sant. District 7 Sant. District 14 Foothill/Eastern T.C. League of Cities Joint Powers Auth. East Tustin Plan S.A. Flood Control I-5 Freeway Widening It was above Motion carried 5-0. Representative Kennedy Puckett Edgar Pontious Edgar Potts Puckett/Edgar Edgar Prescott Potts Alternate Prescott Edgar Puckett Edgar Potts Prescott Potts Pontious Pontious Puckett , to ratify the m CITY COUNCIL MINUTES Page 7, 5-7-90 2. ASSET FORFEITURE APPROPRIATIONS Douglas Franks, Police Chief, reported the Police Department had approximately $300,000 that was their share of a County -wide narcotic task force and were requesting an approximate $180,000 expenditure which would enhance the efforts of the Police Department in curtailing the buying and selling of narcotics, increase the staffing of DARE/anti-drug/alcohol awareness police officers in the schools, and capital improvement items to combat narcotic trafficking. Council/staff discussion followed regarding availability of funds for staffing beyond one year. Councilmember Potts clarified that the County -wide task force, which included the Tustin Police Department, generated the money through a narcotic seizure fund and he wanted future funds to be used for anti -gang and self-esteem programs. Mayor Edgar noted that the City was obligated to spend money confiscated through drug activity on narcotic investigation. It was moved by Potts, seconded by Pontious, to appropriate $182,790.00 from the existing Narcotic Asset Forfeiture Trust Fund to purchase specified narcotic enforcement related items. Motion carried 5-0. 82 3. CITIZEN CONCERN - 13895 BROWNING AVENUE (EUBER PARCEL) Robert Ledendecker, Director of Public.Works, reported that Mr. Huber had presented a concern regarding a driveway on the westerly side of Browning that was constructed within the public right-of-way and he had received notice from the City to remove the driveway. Council directed staff to investigate and submit alternatives, which were: (1) widen Browning Avenue, which would require 7 ft. land acquisition from each of the adjacent parcels, and complete ultimate street improvements and (2) complete street improvements at the interim location of 18 feet westerly of street centerline within the existing street right-of-way. The following member of the audience spoke in favor of Alternative No. 2: Herbert Huber, 17411 Irvine Blvd. #K, Tustin It was moved by Pontious, seconded by Puckett, to complete the curb and gutter, driveway, and street improvements at the interim location of 18 feet westerly of street centerline within the existing street right-of-way at an estimated cost of $16,000. Interim improvements would not include sidewalks, but would provide adequate street drainage and remove the potential hazard created by the un -permitted driveway at 13895 Browning Avenue. Motion carried 5-0. XII. REPORTS 1. PLANNING Item No. ACTION AGENDA - APRIL 30, 1990 3, Use Permit 90-08, was appealed by Mayor Edgar. Ell It was moved by Puckett, seconded by Pontious, to ratify the remainder of the Planning Commission Action Agenda of April 30, 1990. Motion carried 5-0. 2. INVESTMENT SCHEDULE AS OF MAY 30, 1990 EON It was moved by Puckett, seconded by Potts, to receive and file subject report. Motion carried 5-0. 50 CITY COUNCIL MINUTES Page 8, 5-7-90 XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. USE OF RECYCLED MATERIALS/CIVIC CENTER Councilmember Pontious requested that the use of recycled material be included in the bidding process for the Civic Center expansion. 2. VOLUNTARY WATER Councilmember Pontious requested discussion of a voluntary water rationing program be agendized. Council concurred. 3. APPROVAL OF DEVELOPMENT FEES/IMPROVED TRAFFIC CONDITIONS Councilmember Potts noted that the approval of developer fees earlier in the meeting was an important first step leading to better roadways and alleviation of traffic problems for the City. 4. GROUNDBREAKING - JAMBOREE ROAD THROUGH MARINE CORPS AIR STATION Councilmember Prescott reported that on this date momentous groundbreaking ceremonies were held for the extension of Jamboree Road through the Marine Corps Air Station. S. OLIVE TREES ON STREET Mayor Edgar was pleased to report the City had newly planted olive trees on Seventeenth Street between Prospect Avenue and Yorba Street. 6. MINIMAL PARKING AT CITY PARKS Mayor Edgar had experienced difficulty in parking at Camino Real Park in East Tustin and requested consideration be given to providing minimal parking at all City parks. 7. THE SHEEPFOLD AND ASSESSMENT TREATMENT SERVICES CENTER OF DISNEYLAND COMMUNITY SERVICE AWARDS Mayor Edgar reported that two Tustin organizations, The Sheepfold and Assessment Treatment Services Center, had recently received community service awards from Disneyland. He requested both organizations be given a proclamation from the City. S. CITY POPULATION APPROACHES 50,000 Mayor Edgar stated that the population of Tustin, as of January 1, 1990, was 49,409; and when the population reached 50,000, the City would be eligible for benefits from various Federal and State financial programs. Noting that the City population was probably over 50,000 at this time, he requested staff investigate necessary steps to receive formal State acknowledgement of the 50,000 population figure. 9. STATE OF THE CITY Mayor Edgar addressed in detail issues that would require attention at the City Council level, specifically: budget, south-central development, extension of Tustin Ranch Road, Eastern Transportation Corridor, recycling, water resources/ capital improvements/rates, Tustin Lighting District, park construction, fire contract, community demographics and Tustin Police Officers' Association contract. XV. CLOSED SESSION Mayor Edgar announced the City Council would recess to Closed Session: (1) To confer with the City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(2), based on an CITY COUNCIL MINUTES Page 9, 5-7-90 RVI. ADJOURNMENT At 9:35 p.m., the meeting recessed to the Redevelopment Agency and then to the above Closed Session and then adjourned to the next Regular Meeting on May 21, 1990, at 7:00 p.m. UW, -4 MAYOR TY CLERK existing set of specific facts and circumstances, the City Council is deciding whether the threat of litigation is likely or would be likely if discussed in an open and public meeting; (2) Pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Page vs City of Tustin; (3) Pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Fontaine vs City of Tustin; (4) Pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with Martin J. Perfit concerning the purchase/sale/exchange/lease of the vacant property located at the easterly side of Prospect Avenue and northerly of Main Street. RVI. ADJOURNMENT At 9:35 p.m., the meeting recessed to the Redevelopment Agency and then to the above Closed Session and then adjourned to the next Regular Meeting on May 21, 1990, at 7:00 p.m. UW, -4 MAYOR TY CLERK