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HomeMy WebLinkAboutCC 1 MINUTES 02-16-93CONSENT CALENDAR NO. 1 2-16-93 MINUTES 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 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 AGREEMENT 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 CITY COUNCIL MINUTES Page 2, 2-1-93 change the land use designation on Lot 12, Tract 12870, from medium density to medium-high density residential, allowing 355 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. 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 Voi, 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 7:26 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 Addendu... 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 CITY COUNCIL MINUTES Page 3, 2-1-93 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: 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. VI. PUBLIC INPUT 1. PARKING MODIFICATION REQUEST - EL CAMINO REAL/SIXTH STREET 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 PARR SWING REPAIR Jane Anderson, 2473 Via Corella, Tustin, questioned the status of the ballfield fencing on Prospect/Irvine and swing repair at CITY COUNCIL MINUTES Page 4, 2-1-93 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 take. 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. 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. 4. REJECTION OF CLAIM NO. 92-47 - CLAIMANT, ROBBIN NILI; DATE Or 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. 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 CITY COUNCIL MINUTES Page 5, 2-1-93 injury damages in the amount of $200,000.00 as recommended by the City Attorney. 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. 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. 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. 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. 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 documents, 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 CITY COUNCIL MINUTES Page 6, 2-1-93 Councilmember Puckett thanked staff for their work on this item ar said this program would help the City retain its agricultura. 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 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. 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. CITY COUNCIL MINUTES Page 7, 2-1-93 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 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. %I. 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 CITY COUNCIL MINUTES Page 8, 2-1-93 discouraged graffiti vandals from continuing their practice c defacing public and- private property. He stated that star 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 thr 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. Motion carried 5-0. 2. PLANNING COMMISSION MINUTES William Huston, City Manager, requested this item be continued to CITY COUNCIL MINUTES Page 9, 2-1-93 the February 16, 1993 Council meeting. Council concurred. 3. B & J TREE SERVICE It was moved by Puckett, seconded Thomas, to receive and file subject report. Motion carried 5-0. 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 It was moved by Puckett, seconded by Thomas, to receive and file subject report. Motion carried 5-0. 3. SPORTS PARR MASTER PLAN UPDATE It was moved by Thomas, seconded by Puckett, to receive and file subject report. Motion carried 5-0. 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. Mayor Pro Tem Potts noted that the City could not control cable rate increases. XIII. PUBLIC INPUT - None XIV. 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. CITY COUNCIL MINUTES Page 10, 2-1-93 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. 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 i 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." SV. CLOSED SESSION - None SDI. 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 Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK