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HomeMy WebLinkAboutCC 1 MINUTES 10-19-92CONSENT CALENDAR NO. 1 10-19-92 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA OCTOBER 5, 1992 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 Janet Holland, Assistant Pastor, St. Paul's Episcopal Church. 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 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 Dan Fox, Senior Planner Gary Veeh, Water Operations Manager Doug Anderson, Transportation Engineer Susan Jones, Recreation Superintendent Valerie Whiteman, Chief Deputy City Clerk Approximately 15 in the audience IV. PROCLAMATIONS (Agenda Order) See page 4. V. PUBLIC HEARINGS 1. RECOVERY OF CITY COSTS FOR THE ABATEMENT OF A PUBLIC NUISANCE AT 200 EL CAMINO REAL Rita Westfield, Assistant Director of Community Development, reported the property owner, Richard Burke, had been notified by mail of a public nuisance violation at 200 E1 Camino Real. On July 13, 1992, re -inspection of the property revealed the violation continued to exist and a Final Notice To Clean Premises was mailed to the owner warning that failure to remove the violation would result in abatement by the City at owner expense. She stated upon failure of the owner to remove the violation, Custom Country Landscaping was hired to clear the property of weeds and debris at a cost of $885.96. CITY COUNCIL MINUTES Page 2, 10-5-92 Mayor Pontious opened the Public Hearing at 7:03 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Potts, seconded by Thomas, to adopt the following Resolution No. 92-114 confirming the schedule of costs associated with the abatement of weeds and overgrown vegetation and directing that the same constitute an assessment against the subject property: RESOLUTION NO. 92-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT 200 EL CAMINO REAL FOR THE COST INCURRED BY THE CITY FOR WEED NUISANCE ABATEMENT Motion carried 5-0. 2. .VESTING TENTATIVE TRACT MAP NO. 14669 Dan Fox, Senior Planner, reported the Planning Commission recommended approval of Vesting Tentative Tract Map No. 14669. He summarized the proposed subdivision, location, density, and access to the site. -- Mayor Pontious opened the Public Hearing at 7:05 p.m. The following member of the audience spoke in favor of Vesting Tentative Tract Map No. 14669: Bill Moorhous, California Pacific Homes representative Council/speaker discussion followed regarding the project's low density. There were no other speakers on the subject and the Public Hearing was closed at 7:06 p.m. It was moved by Potts, seconded by Saltarelli, to approve the Environmental Determination for the project by adopting the following Resolution No. 92-115: RESOLUTION NO. 92-115 - 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. 14669 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Potts, seconded by Saltarelli, to approve Vesting Tentative Tract Map No. 14669 by adopting the following Resolution No. 92-116: CITY COUNCIL MINUTES Page 3, 10-5-92 RESOLUTION NO. 92-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 14669 TO CREATE 69 NUMBERED LOTS AND 20 LETTERED LOTS FOR A DETACHED SINGLE FAMILY RESIDENTIAL PROJECT LOCATED ON LOT 8 OF TRACT 12870 Motion carried 5-0. 3. NESTING TENTATIVE TRACT MAP NO. 14585 Dan Fox, Senior Planner, reported the Planning Commission recommended approval of Vesting Tentative Tract Map No. 14585. He summarized the proposed subdivision, location, density, single gated entrance, and gated pedestrian entrances with locking devices. He noted a typographical correction to Resolution No. 92-118. Council/staff discussion followed regarding gated communities' level of crime. Councilmember Thomas stated it was important that complexes not be sold with implied security, when pedestrian gates were accessible. Councilmember Saltarelli said he was surprised that unlocked pedestrian gates were included as standard Conditions of Approval for Vesting Tentative Tract Maps and stated that homeowner associations should have the freedom to choose their desired type of security. Mayor Pontious opened the Public Hearing at 7:10 p.m. The following member of the audience spoke in favor of Vesting Tract Map No. 14585: Pat Brown, RGC representative There were no other speakers on the subject and the Public Hearing was closed at 7:12 p.m. It was moved by Thomas, seconded by Puckett, to approve the Environmental Determination for the project by adopting the following Resolution No. 92-117: RESOLUTION NO. 92-117 - 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 85-21 AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP NO. 14585 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Thomas, seconded by Puckett, to approve CITY COUNCIL MINUTES Page 4, 10-5-92 Vesting Tentative Tract Map No. 14585 by adopting the following Resolution No. 92-118, as modified: RESOLUTION NO. 92-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 14585 TO CREATE 43 NUMBERED LOTS AND 24 LETTERED LOTS FOR AN ATTACHED CONDOMINIUM RESIDENTIAL PROJECT LOCATED ON LOTS 18 AND BB OF TRACT 12870 Motion carried 5-0. It was moved by Puckett, seconded by Thomas, to approve modifications to previous policy direction by allowing locking devices on pedestrian gates within the East Tustin Specific Plan project area. Motion carried 5-0. IV. PROCLAMATIONS (Agenda Order) 1. FORMER PARRS AND RECREATION COMMISSIONER SUSAN WELSH Mayor Pontious read and presented a proclamation for service recognition to former Parks and Recreation Commissioner Susan Welsh. Susan Welsh thanked the Council. 2. FIRE PREVENTION WEER, OCTOBER 4-10 Mayor Pontious read and presented a proclamation declaring October 4-10 as Fire Prevention Week. A representative from the Fire Department thanked the Council for the proclamation and invited everyone to attend their local fire stations for Open House on Saturday, October 10. VI. PUBLIC INPUT - None VII. CONSENT CALENDAR Items No. 2, 6, and 7 were removed from the Consent Calendar by Mayor Pro Tem Potts and William Huston, City Manager. It was moved by Puckett, seconded by Potts, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - SEPTEMBER 21, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 21, 1992. 3. REJECTION OF CLAIM NO. 92-37 - CLAIMANT, CLAUDIO CARVALHO; DATE OF LOSS, 2/11/92 DATE FILED WITH CITY, 8/6/92 Recommendation: Reject subject claim for property damage in the amount of $542.50 as recommended by the City Attorney. CITY COUNCIL MINUTES Page 5, 10-5-92 4. REJECTION OF CLAIM NO. 92-39 - CLAIMANT, EUGENE AND LINDA LEVIN; DATE OF LOSS, UNSPECIFIED; DATE FILED WITH CITY, 9/1/92 Recommendation: Reject subject claim for property and general damages of an undetermined amount as recommended by the City Attorney. S. REJECTION OF CLAIM NO. 92-38 - CLAIMANT, WHITNEY SECOR; DATE OF LOSS, 4/13/92; DATE -FILED WITH CITY, 8/10/92 Recommendation: Reject subject claim for personal injury damages in the amount of $655.21 as recommended by the City Attorney. CONSENT CALENDAR ITEM NO. 2 - APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Mayor Pro Tem Potts stated he was pleased with the flexibility provided by the new standard Closed Session agenda statement and preferred to question a litigation payment during Closed Session. It was moved by Potts, seconded by Puckett, to approve Demands in the amount of $1,043,435-13 and ratify Payroll in the amount of $303,381.53. Motion carried 5-0. CONSENT CALENDAR ITEM NO. 6 - SEVENTEENTH STREET DESALTER PARTICIPATION IN METROPOLITAN WATER DISTRICT GROUNDWATER RECOVER PROGRAM Gary Veeh, Water Operations Manager, reported subsequent to the agenda posting, staff received a request for minor modifications to the agreement from the Metropolitan Water District. Council/staff discussion followed regarding the desalter facility lease agreement; percentage of additional groundwater that would be provided by the new facility; brine disposal issues; natural gas energy cell program agreement's fifty percent engineering cost sharing clause; and project financing plan. William Huston, City Manager, clarified that during the lease period, the City would recover capitalized costs through the differential between purchase and pumped or treated water, and that the City would own the water facility at the end of the lease. Council/staff discussion followed regarding the Main Street desalter plant; and the advantages of using the reverse osmosis process. -- It was moved by Puckett, seconded by Thomas, to authorize the Mayor to execute Tustin Desalter Project Joint Participation Agreement for Recovery and Utilization of Contaminated Groundwater between the Metropolitan Water District of Southern California, the Municipal Water District of Orange County, the Orange County Water District, the East Orange County Water District, and the City of Tustin. CITY COUNCIL MINUTES Page 6, 10-5-92 Motion carried 5-0. CONSENT CALENDAR NO. 7 - RESOLUTION NO. 92-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING FUTURE EXPENDITURES WITH RESPECT TO THE CITY'S WATER FACILITY IMPROVEMENT PROGRAM TO BE REIMBURSED FROM FUTURE LONG-TERM FINANCINGS It was moved by Potts, seconded by Thomas, to continue this item. Motion carried 5-0. VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 1098 - SECOND RESPONSE TO DISTURBANCE It was moved by Puckett, seconded by Saltarelli, that Ordinance No. 1098 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1098 by the City Clerk, it was moved by Puckett, seconded by Thomas, to adopt the following Ordinance No. 1098: ORDINANCE NO. 1098 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ENACTING REGULATIONS WITH RESPECT TO POLICE RESPONSE SERVICE AT LARGE GATHERINGS Motion carried 5-0 (roll call vote). ` X. OLD BUSINESS - None XI. NEW BUSINESS 1. STATE WORKERS' COMPENSATION REFORM It was moved by Potts, seconded by Puckett, to adopt the following Resolution No. 92-119: RESOLUTION NO. 92-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE CALIFORNIA GOVERNOR'S POSITION ON WORKERS' COMPENSATION REFORM Motion carried 5-0. 2. CITY RECORDS - RETENTION AND DESTRUCTION It was moved by Saltarell i , seconded by Thomas, to receive and file subject report. Motion carried 5-0. CITY COUNCIL MINUTES Page 7, 10-5-92 REPORTS 1. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 28, 1992 It was moved by Puckett. seconded by Thomas, to ratify the Planning Commission Action Agenda of September 28, 1992. Motion carried 5-0. XIII. PUBLIC INPUT 1. TRAFFIC SIGNAL SYNCHRONIZATION - TUSTIN RANCH ROAD; AND K -MART CONSTRUCTION UPDATE Jane Anderson, 2473 Via Corella, Tustin, requested staff check the synchronization of traffic signals on Tustin Ranch Road between Bryan and Walnut; and requested an update on K -Mart construction and landscaping. Rita Westfield, Assistant Director of Community Development, responded the project would be completed by the end of the year and additional landscaping would begin in the next two weeks. -SIV. OTHER BUSINESS 1. CLOSED SESSION William Huston, City Manager, requested Council recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957. James Rourke, City Attorney, requested Council recess to Closed Session pursuant to Government Code Section 54956.9(a) regarding Eckerling litigation. 2. LA COLINA DRIVE TRAFFIC IMPACTS/CLOSURE Councilmember Saltarelli discussed the significant traffic impacts to the City that could result from the possible La Colina Drive closure and/or redirecting the La Colina Drive traffic flow. It was moved by Puckett, seconded by Thomas, to approve emergency agendizing of the La Colina Drive closure/traffic impact issue due to a scheduled County meeting on October 16. Motion carried 5-0. Council/staff discussion followed regarding forwarding a letter to the County of Orange addressing the City's concerns; staff attendance at the October 16 Orange County Traffic Committee meeting; and conveyance of engineering staff report. Mayor Pontious requested the Council review the letter prior to submittal to the County of Orange. CITY COUNCIL MINUTES Page S. 10-5-92 Councilmember Saltarelli reiterated his opposition to the possible closure and/or traffic flow mitigation of La Colina Drive. Mayor Pontious included her opposition and stated everyone would have to bear the burden of community traffic. Mayor Pro Tem Potts said the majority of traffic on La Colina Drive were County residents. Councilmember Thomas stated that this was a political issue and he wanted the County of Orange to be aware of the City's opposition to any La Colina Drive alteration/closure. It was moved by Saltarelli, seconded by Thomas, to transmit a mayoral letter and staff report to the County of Orange opposing any modifications to La Colina Drive, including closure; and direct staff to verbally express opposition at the October 16 Orange County Traffic Committee meeting. Motion carried 5-0. 3. COMMENDATION - COMMUNITY DEVELOPMENT DEPARTMENT/PLANNING COMMISSION Mayor Pro Tem Potts commended the Community Development Department and the Planning Commission for receipt of complimentary letters from the public. 4. BEAUTIFICATION COMMITTEE/NON-PROFIT FOUNDATION Councilmember Thomas requested follow-up status on the Beautification Committee and the Non -Profit Foundation. 5. STAFF ATTENDANCE AT SCAG MEETING Councilmember Thomas thanked the staff for attending a lengthy Southern California Association of Governments (SCAG) meeting with him. 6. PROCLAMATION REQUEST - FORMER AUDIT COMMITTEE MEMBERS Councilmember Thomas requested proclamations for recent out- going Audit Committee members. 7. EMPLOYEE AWARD PROGRAM Councilmember Thomas suggested a program for awarding employees who submit cost-saving ideas for the City. Mayor Pro Tem Potts suggested conducting surveys of other agencies. 8. CITY BUSINESS MAGAZINE Councilmember Thomas suggested implementing a City magazine CITY COUNCIL MINUTES Page 9, 10-5-92 with business -oriented news. 9. ECONOMIC DEVELOPMENT COUNCIL Councilmember Thomas suggested formation of an Economic Development Council which would encourage out-of-state and/or large businesses to move to Tustin with financial incentives; honor businesses currently in Tustin; hold annual breakfast or luncheon to reward businesses who stay in Tustin; and serve as liaison between Council and Chamber of Commerce. Mayor Pontious stated that she had been working with staff regarding the Business Outreach Program which was a similar concept, questioned if the City had the financial resources to effectively recruit and offer meaningful incentives to businesses, stressed the importance of communication with current businesses, and suggested meeting with Councilmember Thomas to discuss the program. Councilmember Saltarelli and Mayor Pro Tem Potts, referencing the Marine Base closure, voiced approval for immediate and aggressive pursuit of businesses. 10. FINANCIAL ASSISTANCE - XEROX CORPORATION Councilmember Puckett reported contact with Xerox Corporation who will be financially assisting Tustin organizations. 11. COSTCO GRAND OPENING Councilmember Puckett reported on the successful grand opening of Costco. 12. TUSTIN TILLER DAYS - OCTOBER 9-11 Councilmember Puckett invited the public to participate in Tustin Tiller Days, October 9 through 11. 13. ASSISTANCE LEAGUE FUND RAISER - NOVEMBER 14 Councilmember Puckett requested Assistance League members in the audience speak on their fund raiser. An Assistance League representative invited everyone to attend the Assistance League fund raiser at 445 E1 Camino Real. XV. CLOSED SESSION Mayor Pontious announced the City Council would recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957; and pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pending litigation which had been initiated formally and to which the City was a party. The title of the litigation was Eckerling vs. the City of Tustin. CITY COUNCIL MINUTES Page 10, 10-5-92 ,VI. ADJOURNMENT Mayor Pontious adjourned the meeting at 8:15 p.m. The City Council had scheduled a meeting with Senator Bergeson on Monday, October 19, 1992, 5:45 p.m., at the Tustin Area Senior Center and following the meeting would conduct a Redevelopment Agency Budget workshop; and the next regular meeting of the City Council was scheduled for Monday, October 19, 1992, 7:00 p.m., at the Tustin Area Senior Center. %VII. CLOSED SESSION STATEMENT - ROYLEEN WHITE RESIGNATION/ECKERLING VS. THE CITY OF TUSTIN Following Closed Session, it was duly moved and seconded to (1) accept the resignation of Royleen A. White, Director of Administrative and Community Services, and approve an agreement to retain her services as a consultant; and (2) authorize settlement in the case of Eckerling vs. City of Tustin. Motion carried 5-0. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK