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HomeMy WebLinkAboutCC 1 MINUTES 01-19-93I. II. IV. CONSENT CALENDAR NO. 1 MINUTES 1-19-93 REGU, -A MEETING OF THE CITY COUL _L CITY OF TUSTIN, CALIFORNIA JANUARY 4, 1993 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Pontious at 7:02 p.m. at the Tustin Area Senior Center, 200 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli and the Invocation was given by Councilmember Puckett. ROLL CALL Council Present: Leslie Anne Pontious, Mayor Jim Potts, Mayor Pro Tem Charles E. Puckett Thomas R. Saltarelli Council Absent: Jeffery M. Thomas 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 Susan Jones, Recreation Superintendent Gary Magill, Recreation Supervisor Dan Fox, Senior Planner Doug Anderson, Transportation Engineer Dana Kasdan, Engineering Services Manager Robert Ruhl, Field Services Manager Judi Rowland, Recreation Supervisor Donna Emory, Executive Coordinator Valerie Whiteman, Chief Deputy City Clerk Approximately 50 in the audience EMPLOYEE OF THE YEAR, MARVIN DELAMETER Mayor Pontious stated the Employee of the Year was chosen from non -management employees, and summarized the selection criteria and nomination process. She announced that the Employee of the Year for 1992 was Marvin Delameter, an equipment operator in the Field Services Division who had been a City employee for 20 years. She presented Mr. Delameter with a plaque recognizing his selection as Employee of the Year. Marvin Delameter extended his appreciation to the City Council and thanked his co-workers; City Manager, William Huston; and Robert Ledendecker, Director of Public Works; for their support. PROCLAMATION - COMMUNITY RECOGNITION, OLIVE GARDEN RESTAURANT Mayor Pontious read and presented a proclamation to the Olive Garden Restaurant recognizing their donations to and support of the Tree Lighting Ceremony. Mario Battista, representing Olive Garden Restaurant, thanked the Council for the proclamation. City Council Minutes Page 2, 1-4-93 PUBLIC HEARING 1. APPEAL OF ZONE CHANGE 92-0041 14122 RED HILL AVENUE Mayor Pontious announced that she would abstain on this matter and Mayor Pro Tem Potts would conduct this portion of the meeting. Dan Fox, Senior Planner, reported that on December 14, 1992, the Planning Commission denied the applicant's request to change the zoning on the property located at 14122 Red Hill Avenue. Dan Fox was interrupted during his staff report by the applicant who requested that this matter be postponed until later in the meeting because their attorney was not present. Mayor Pro Tem Potts requested completion of the staff report and stated the Public Hearing portion would be delayed until the attorney arrived. Dan Fox. continued with the staff report stating that the request was to change the zoning on the property from CG (Commercial General) to C-1 (Retail Commercial) . The Planning Commission's action also included tabling a Conditional Use Permit to establish a fortune telling business at the site pending final action on the zone change by the City Council. He said this evening's action was limited to the request for a zone change on the property and it was not appropriate to discuss merits of the Conditional Use Permit or the fortune telling business. He clarified issues referenced by the applicant in their December 30 correspondence and in staff's December 14 report to the Planning Commission. Mayor Pro Tem Potts stated this matter would be continued later in the meeting pending arrival of the applicant's attorney. (See Page 6 for final action) . VI. PUBLIC INPUT - None VII. CONSENT CALENDAR Item No. 5 was removed from the Consent Calendar by Councilmember Saltarelli. It was moved by Potts, seconded by Puckett, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Thomas absent. 1. APPROVAL OF MINUTES - DECEMBER 21, 1992 REGULAR MEETING AND DECEMBER 22, 1992 SPECIAL MEETING Recommendation: Approve the City Council Minutes of December'21, 1992 and December 22, 1992. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $957,506.97 and ratify Payroll in the amount of $306,100.27. City Council Minutes Page 3, 1-4-93 3. SENIOR ADVISORY BOARD APPOINTMENT CONFIRMATION Recommendation: Confirm Margarete Thompson, Jean Lowry, and Donald Miller as members of the Senior Advisory Board as recommended by the current members of the Board and the Senior Center staff. 4. CONTRACT AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE BETWEEN THE CITIES OF TUSTIN AND SANTA ANA Recommendation: Direct the Mayor and City Clerk to execute the subject contract documents on behalf of the City for traffic signal maintenance responsibility between the Cities of Tustin and Santa Ana as recommended by the Public Works Department/Engineering Division. 6. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS AT RED HILL AVENUE/EL CAMINO REAL AND AT RED HILL AVENUE/NISSON ROAD Recommendation: Award the contract for subject project to Baxter -Griffin Co. in the amount of $137,370.00 as recommended by the Public Works Department/ Engineering Division. 7. AWARD OF CONTRACT FOR THE BARRIER NETTING FOR COLUMBUS TUSTIN PARR Recommendation: Award the contract to Crown Fence Company of Long Beach in the amount of $31,755.00 for the subject project; and that additional funds, in the amount of $10,000.00, from the unappropriated reserves of the Capital Improvement Projects Fund be appropriated to supplement the current $25,000.00 budget allocation as recommended by the Public Works Department/Engineering Division. 8. RESOLUTION NO. 93-01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE REPLACEMENT OF WATER MAINS ON HEWES AVENUE, MURIEL PLACE, MARELL CIRCLE AND FOOTHILL BOULEVARD AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 93-01 approving the plans and specifications for subject project and direct the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. CONSENT CALENDAR ITEM NO. 5 - AMENDMENT TO COOPERATIVE AGREEMENT NO. 12-018 A-1, BETWEEN THE STATE AND THE CITY OF TUSTIN, TO EXTEND THE TERMINATION DATE TO JANUARY 1, 1994 FOR TUSTIN RANCH ROAD INTERCHANGE AND I-5 FREEWAY WIDENING Councilmember Saltarelli questioned what work remained to complete the interchange project and why was the contract being extended. Robert Ledendecker, Director of Public Works, responded that all -- physical improvements had been completed and the extension was required to legally complete invoicing and other related paperwork between the City and Caltrans. William Huston, City Manager, clarified the extension date would allow completion of cost reconciliation with Caltrans and assist in finalizing assessment district accounting. City Council Minutes Page 4, 1-4-93 It was moved by Saltarelli, seconded by Potts, to approve and authorize the Mayor to execute subject amendment. Motion carried 4-0, Thomas absent. VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. ZONE CHANGE 92-002 AND DEVELOPMENT AGREEMENT 92-001 (LYON) Councilmember Saltarelli questioned if noticing for the City Council Public Hearing could be done now, to expedite the process, rather than waiting until the Planning Commission had completed their action. Christine Shingleton, Assistant City Manager, responded that staff had considered that option but discovered that both notices would be simultaneously received by property owners creating additional confusion and she recommended against it. She explained that notices for the January 11 Planning Commission meeting had been sent on December 31 and the notices for the subsequent City Council meeting would have to be sent on January 8; which meant that before the Planning Commission hearing would occur, the residents would receive two notices for hearings on the same issue before two different bodies and that could create confusion. William Huston, City Manager, noted that if the Planning Commission or the applicant requested a continuance at the Planning Commission level, a third re -noticing would be required. Mayor Pro Tem Potts expressed hope that The Irvine Company would attempt to resolve the CC&R issues; and stated it appeared that all property owners had not been properly noticed. William Huston, City Manager, clarified that this had been a unique circumstance involving a newly developed area and the tax roll listing used for noticing changed daily due to property sales. The City would, in the future, make an extraordinary effort with like projects to avoid inaccurate noticing. It was moved by Potts, seconded by Puckett, to table this matter. Motion carried 4-0, Thomas absent. �i. NEW BUSINESS 1. IMPROVEMENTS TO McFADDEN/PASADENA PARRETTE Gary Magill, Recreation Supervisor, reported that a needs- City Council Minutes Page 5, 1-4-93 assessment survey had identified a lack of park facilities in the southwest area of the City, and the Kiwanis Club had offered to donate $1,500.00 to fund improvements for the park site located at the corner of McFadden and Pasadena Avenues. Dori Hartman, representing the Kiwanis Club of Tustin, presented the City Council with a check in the amount of $1,500.00. Mayor Pontious thanked the Kiwanis Club for their generous donation and commended them for funding a project that would have a long-term impact on their community. Councilmember Puckett stated he was a member of the Kiwanis Club and had suggested this park donation; and he urged other service clubs to adopt similar fund-raising projects. It was moved by Puckett, seconded by Saltarelli, to accept a $1,500.00 donation from the Kiwanis Club of Tustin for said park improvements; approve the design concept for McFadden/ Pasadena Parkette; and appropriate $3,000.00 from the Park Development fund for safety fencing. Motion carried.4-0, Thomas absent. 2. FORMAT FOR TOWN HALL MEETINGS Mayor Pontious said the Town Hall meeting scheduled for January 12 would be the City's second. The first meeting had been conducted in a formal setting similar to a City Council meeting and the Council's goal was to increase the comfort level for the audience by using an informal setting. She favored the use of a cordless microphone and an audience attendant. Mayor Pro Tem Potts suggested that Councilmember Thomas serve as the audience attendant; and noted that residents at the last meeting had stressed an informal setting. Councilmember Puckett suggested that the Council dress in casual clothing with no ties. The following member of the audience suggested the Council not be seated at the dias: Zipora Sh.ifberg-Mencher, 16282 Main Street #3B, Tustin Council/staff discussion followed regarding number of cordless microphones available; logistical limitations of current public address system; positive and negative aspects of eliminating use of microphones; and use of a Councilmember or staff member to serve as audience attendant. Councilmember Saltarelli suggested preparing a list of topics that would be of interest to the public; topics that were not normally agendized but were general informational items the audience and Council could discuss freely. City Council Minutes Page 6, 1-4-93 Mayor Pontious requested that discussion of the Cultural Overlay District be included on the list. William Huston, City Manager, said appropriate staff would be in attendance and prepared to respond to any issues or answer questions. Mayor Pontious stated other options were available for future Town Hall meetings, such as holding smaller meetings in various parts of the community with topics of interest to that area. Mayor Pontious said the January 12 Town Hall meeting should be as informal as possible with a list of topics for discussion. Council concurred. XII. REPORTS 1. INVESTMENT SCHEDULES AS OF OCTOBER 31, 1992 AND NOVEMBER 30, 1992. It was moved by Potts, seconded by Saltarelli, to receive and file subject reports. Motion carried 4-0, Thomas absent. PUBLIC HEARING - CONTINUED (Agenda Order) 1. APPEAL OF ZONE CHANGE 92-004, 14122 RED HILL AVENUE Mayor Pro Tem Potts announced that Mayor Pontious would abstain on this matter and he would conduct this portion of the meeting. Mayor Pro Tem Potts opened the Public Hearing at 7:35 p.m. The following members of the audience spoke in support of Zone Change 92-004: Robert Berke, Law Offices of James Rosenberg, Los Angeles (submitted photographs to the City Council) Jiro Spivey, real estate broker representing applicant The following members of the audience spoke in opposition to Zone Change 92-004: Robert Quinn, 14861 Featherhill Road, Tustin Ryan Patch, attorney representing Roy Daly, owner of Pinewood Apartments Mary Ellen Daly, 14160 Red Hill, Tustin Marge Mayer, 14160 Red Hill, Tustin There were no other speakers on the subject and the Public Hearing was closed at 8:00 p.m. Mayor Pro Tem Potts announced the City Council would recess to Closed Session to confer with the City Attorney regarding pending litigation pursuant to Government Code Section 54956.9 (b) (2) . City Council Minutes Page 7, 1-4-93 RECESS - The meeting recessed at 8:00 p.m. and reconvened at 8:05 p.m. Councilmember Saltarelli stated this was strictly a zoning issue and after reviewing Planning Commission Minutes, reading staff reports, and listening to public comment, he found no reason to overturn the Planning Commission's decision on this matter. Councilmember Puckett agreed and said he found no reason to overturn the Planning Commission's denial. It was moved by Puckett, seconded by Saltarelli, to uphold the Planning Commission's action and deny Zone Change 92-004 by adopting the following Resolution No. 93-02: RESOLUTION NO. 93-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S ACTION TO DENY ZONE CHANGE 92-004, A REQUEST TO CHANGE THE DESIGNATION OF THE PROPERTY LOCATED AT 14122 RED HILL AVENUE FROM CG (COMMERCIAL GENERAL DISTRICT) TO C-1 (RETAIL COMMERCIAL DISTRICT) Motion carried 3-0; Pontious abstained, Thomas absent. %III. PUBLIC INPUT 1. WASTE RECYCLING PROGRAM Dolores Otting, representing 5 -Star Rubbish and Madeline Arakelian, representing South Coast Refuse, stated there were discrepancies between the actual amount of trash tonnage that was recycled in the City and the amount being reported; questioned the legality of the indemnification clause in the City's contract with Great Western Reclamation; and stated fraud was being perpetrated throughout the County because waste materials were not being recycled. Mayor Pro Tem Potts requested an investigator film the trash trucks to make sure they were going to the material recovery facility and not taking trash to the dump sites. He said these charges were being publicly stated and the allegations needed to be proved or disproved; and, if Great Western Reclamation was not recycling waste as agreed upon, then their contract should be terminated. William Huston, City Manager, stated that the City Attorney would respond to the allegations in a written report to the City Council addressing issues such as material recovery facility certification, law requirements, and agreement indemnification clause; and he suggested that Great Western Reclamation should appear before the City Council to answer questions. Mayor Pontious agreed that the City had to be sure recycling was occurring. She said another important aspect of the recycling issue was, with forced State -mandated recycling, there was a tremendous amount of excess recycled products. The prices of used paper, glass, and plastic had plummeted and would impact City Council Minutes Page 8, 1-4-93 trash hauling and recycling costs. She felt that included with the recycling, all cities, businesses and individuals, should use recycled goods at every opportunity. XIV. OTHER BUSINESS 1. CLOSED SESSION William Huston, City Manager, requested a Closed Session on labor relations. 2. HAPPY NEW YEAR ft Councilmember Saltarelli wished everyone a safe and successful 1993. 3. INOPERABLE TELEPHONE SYSTEM - CITY HALL Mayor Pro Tem Potts said he had received complaints because the City Hall telephone system had been inoperable that day, and informed the public that City Councilmembers did not have special numbers to access City Hall and they had experienced the same problem. 4. DIMENSION CABLE RECEPTION Mayor Pro Tem Potts stated he had received three complaints regarding poor.cable reception in the Dimension Cable area. He added that Dimension was in the process of installing boosters to increase reception quality, but suggested a letter be written to inform Dimension of the complaints. S. GRAFFITI ABATEMENT Mayor Pro Tem Potts reported he and three homeowner association presidents had painted development walls in the Tustin Ranch area that had been marked with graffiti. He suggested staff contact other cities who had developed reward systems for combatting graffiti and submit a report. 6. LEGAL FEES Mayor Pro Tem Potts requested, to increase his education regarding legal expenses, a computer print-out of the general ledger accounts reflecting all legal fees for the past four fiscal years and copies of all past staff reports pertaining to this issue. 7. CAR PHONE AND AUTOMOBILE USE POLICIES Mayor Pro Tem Potts requested written policies to cover car phone usage, including abuse reimbursement data; and City automobile use. City Council Minutes Page 9, 1-4-93 S. AUDIT - CREDIT CARD USE Mayor Pro Tem Potts expressed disapproval that the audit on credit card usage had started without his knowledge and requested the auditors contact him so he could provide specific direction. He clarified that the audit would not pertain solely to the Police Department, but would encompass all City -issued credit cards. He requested a list of all credit card holders and their corresponding credit card numbers, including those used by the City Council. William Huston, City Manager, responded that the audit process had just begun, Councilmembers would be contacted, and all information requested by the City Council would be included in the final report. 9. CITY COUNCIL MEETING DATE CHANGED TO JANUARY 19 Councilmember Puckett requested, in honor of the Martin Luther King holiday, that the next regular meeting of the City Council be changed from Monday, January 18, 1993 to Tuesday, January 19, 1993; and noted that the second meeting in February would be held on Tuesday, February 16, 1993, due to Presidents' Day holiday. Council concurred. 10. COMMENDATION FOR POLICE DEPARTMENT AND CITY STAFF Councilmember Saltarelli stated there had been numerous negative press coverage on Council's decision to conduct an internal audit on various procedures, which was a responsible and necessary Council decision, but it should not detract from the fact that he thought the City had an excellent police force and outstanding staff. He requested some positive press about the excellent police/staff job performances and, because it was not frequently stated by the newspapers, he wanted to state it publicly. 11. ECONOMIC FORECAST Mayor Pontious reported Economic Forecast where County was behind in the a positive direction in held true and wished ev %V. CLOSED SESSION she had attended Chapman University's President Doti indicated that Orange nation, but would be moving forward in the next year. She hoped that forecast eryone a better new year. Mayor Pontious announced the City Council would recess to Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6. City Council Minutes Page 10, 1-4-93 XVI. ADJOURNMENT Mayor Pontious adjourned the meeting at 8:32 p.m. She announced the City Council had scheduled a Town Hall Meeting on Tuesday, January 12, 1993, 7:00 p.m., at the Tustin Area Senior Center; and the next regular meeting of the City Council was scheduled for Tuesday, January 19, 1993, 7:00 p.m., at the Tustin Area Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK