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HomeMy WebLinkAboutCC 1 MINUTES 08-17-92CONSENT CALENDAR NO. 1 8-17-92 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA AUGUST 3, 1992 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pontious at 7:01 p.m. at the Tustin Area Senior Center, 200 South 11C11 Street, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. II. INVOCATION The Invocation was given by Rev. Henry Sellers, First Baptist Church of Tustin. III. ROLL CALL Council Present: Leslie Anne Pontious, Mayor Jim Potts, Mayor Pro Tem Charles E. Puckett Jeff Thomas Council Absent: Thomas R. Saltarelli 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 Dan Fox, Senior Planner Gary Veeh, Water Services Manager Susan Jones, Recreation Superintendent Anne Bonner, Associate Planner Irma Hernandez, Administrative Assistant Valerie Whiteman, Chief Deputy City Clerk Approximately 30 in the audience IV. PRESENTATION - 1992 EL CAKING REAL CHAMPIONSHIP CHILI COOROFF WRAP-UP Victor Gorham, Chili Cookoff Steering Committee representative, presented proceeds from the 1992 Chili Cookoff in the amount of $7,000.00 to the Tustin Parks for Youth Campaign. Mayor Pontious and James Kane, Parks and Recreation Commission Chairperson, thanked the Chili Cookoff Steering Committee for the donation and all the volunteers who helped make the Chili Cookoff a successful event. V. PUBLIC HEARINGS 1. APPEAL OF LARGE FAMILY DAY CARE HOME, LFD 92-002 - 13022 RANCHWOOD ROAD Anne Bonner, Associate Planner, reported that on July 13, 1992, the Planning Commission had approved an application for a Large Family Day Care Home at 13022 Ranchwood Road. On July CITY COUNCIL MINUTES Page 2, 8-3-92 16, 1992, staff received an appeal from the adjacent property owner on the following grounds: various Tustin City Code violations; and permission from the co-owners of the property had not been granted. She stated that staff had investigated each reason cited in the appeal and recommended that Council uphold the Planning Commission's action. Mayor Pontious opened the Public Hearing at 7:10 p.m. The following member of the audience spoke in opposition to the Large Family Day Care Home, 13022 Ranchwood Road: Ernest Barrett, 13032 Ranchwood Road, Tustin The following member of the audience spoke in favor of the Large Family Day Care Home, 13022 Ranchwood Road: Duane Patterson, 13152 Laburnum Drive, Tustin The following member of the audience noted primary and secondary parking omissions in Planning Commission Resolution No. 3056, Exhibit A: Parker Hart, 13042 Ranchwood Road, Tustin There were no other speakers on the subject and the Public Hearing was closed at 7:20 p.m. Councilmember Puckett stated that because information had not been presented to support the appeal, he would uphold the Planning Commission's decision. Council/staff discussion followed regarding modification of Planning Commission Resolution No. 3056, Exhibit A, to include primary/secondary parking. It was moved by Thomas, seconded by Puckett, to adopt the following Resolution No. 92-96 with parking modifications: RESOLUTION NO. 92-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF LFD 92-002 AUTHORIZING THE OPERATION OF A LARGE FAMILY DAY CARE HOME AT 13022 RANCHWOOD ROAD Christine Shingleton, Assistant City Manager, clarified that Planning Commission Resolution No. 3056, Condition II B, should be modified as follows: ..large family day care operation indicating primary parking in the driveway area and secondary parking along the street. Mayor Pro Tem Potts stated that information presented did not support the appeal; therefore, he was in favor of approving the Large Family Day Care Home. He noted his disappointment at some public hearing testimony referring to racial issues, and encouraged cultural cohesiveness. CITY COUNCIL MINUTES Page 3, 8-3-92 Motion carried 4-0, Saltarelli absent. 2. PROPOSED AMENDMENT TO TUSTIN CITY CODE RELATED TO FOOD HANDLING BUSINESSES AND HEALTH SERVICE FEES - ORDINANCE NO. 1095 Christine Shingleton, Assistant City Manager, reported that in order for the County of Orange to set standards, regulate, and enforce Health Code provisions for food businesses located in Tustin, municipal codes must include such provisions and County enforcement authority. Mayor Pontious opened the Public Hearing at 1:25 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Puckett, seconded by Thomas, that Ordinance No. 1095 have second reading by title only. Motion carried 4-0, Saltarelli absent. Following second reading by title only of Ordinance No. 1095 by the City Clerk, it was moved by Thomas, seconded by Potts, to adopt the following Ordinance No. 1095: ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF THE TUSTIN CITY CODE AS THEY RELATE TO FOOD HANDLING BUSINESSES AND HEALTH SERVICES FEES Motion carried 4-0, Saltarelli absent (roll call vote). 3. LEVY OF ANNUAL ASSESSMENTS FOR THE 1992-93 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Mayor Pontious opened the Public Hearing at 7:26 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Puckett, seconded by Thomas, to adopt the following Resolution No. 92-87: RESOLUTION NO. 92-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1992-93 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LANDSCAPING LIGHTING FACILITIES WITHIN THE BOUNDARIES OF_THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Motion carried 4-0, Saltarelli absent. 4. ADOPTION OF 1992-93 SOLID WASTE COLLECTION ASSESSMENT REPORT Ronald Nault, Finance Director, summarized the annual adjustment of rates for solid waste collection consisting of collection charge; disposal charge; and the Material Recovery CITY COUNCIL MINUTES Page 41 8-3-92 Facility (MRF) charge. He noted an additional $0.25 per month that the City collected to provide for delinquencies and the public information cost of the recycling program. He stated that the City had adjusted the disposal cost portion of the rate down $0.97 per month based on the confirmed tonnages of residential waste transported to the MRF; and had received a refund of $109,,871 from Great Western Reclamation based on the difference from the estimated tonnage used to establish the 1991-92 rates and the actual tonnage collected. He summarized the recommendation of residential and commercial service rates and the suggestion that the City deposit the $109,871 refund check into a trust account to offset the disposal rate -increase expected for 1993-94. Council/staff discussion followed regarding refunding the $109,871 to residents or placing it into a trust account; and future increase in County landfill gate fees resulting in City rate increases. William Huston, City Manager, clarified that County imposed landfill gate fees could not be controlled by the City and would probably be significantly increased due to mandates for landfill clean-up/closures. Mayor Pontious opened the Public Hearing at 7:35 p.m. The following members of the audience spoke in opposition to the 1992-93 Solid Waste Collection Assessment Report: Dolores Otting, 5 Star Rubbish Service representative, 2130 Canyon Drive, Costa Mesa Madeline Arakelian, 2021 Business Center Drive, Irvine There were no other speakers on the subject and the Public Hearing was closed at 7:40 p.m. Ronald Nault, Finance -Director, and Christine Shingleton, Assistant City Manager, responded to questions raised by the speakers concerning Exhibits A and C of the staff report dated August 3, 1992, and the City's Source Reduction and Recycling Element. Additional Council/staff discussion followed regarding future increase of landfill gate fees. Councilmember Thomas stated government seldom returned money to citizens and he suggested refunding the $109,871 to the residents with an explanatory note on possible future rate increases. Councilmember Puckett said he favored placing the refund into a trust account to offset future landfill gate fee increases and wanted to re-evaluate the situation next year. CITY COUNCIL MINUTES Page 5, 8-3-92 Mayor Pontious said she also favored depositing the refund in a trust account specifying that the account would be used against future rate increases. Mayor Pro Tem Potts said he favored refunding the money to the residents; and suggested staff conduct periodic MRF monitoring. Council concurred to continue disposition of the $109,871 refund from Great Western Reclamation for 30 days. It was moved by Thomas, seconded by Potts, to adopt the following Resolution No. 92-97 approving the 1992-93 Solid Waste Collection Assessment Report and direct the Finance Director to place the new assessments on the tax role for fiscal year 1992-93: RESOLUTION NO. 92-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA, APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ASSESSMENT ROLL Motion carried 4-0, Saltarelli absent. VI. PUBLIC INPUT 1. DISBURSEMENT OF TRASH REFUND Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, commented that delaying disbursement of the trash refund would not benefit residents who had participated in the recycling program and would reward future residents who had not contributed. 2. ROLLER HOCKEY Chris Mudd, 14401 Cloverbrook Avenue, Tustin, expressed interest in starting a roller hockey league in the City. VII. CONSENT CALENDAR Items No. 3 and 5 were removed from the Consent Calendar by Councilmember Thomas and Mayor Pro Tem Potts. It was moved by Potts, seconded by Puckett, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 4-0, Saltarelli absent. 1. APPROVAL OF MINUTES - JULY 20, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 20, 1992. CITY COUNCIL MINUTES Page 6, 8-3-92 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,513,701.40 and ratify Payroll in the amount of $298,113.79. 4. AUTHORIZATION TO REQUEST BIDS FOR WATER SCADA SYSTEM Recommendation: Authorize the Mayor and City Clerk to solicit bids for a Supervisory Control and Data Acquisition (SCADA) system for the City's water distribution network as recommended by the Public Works Department/Water Services Division. CONSENT CALENDAR ITEM NO. 3 - COPY MACHINE LEASE AGREEMENT Councilmember Thomas announced he would abstain on this issue due to his affiliation with the Xerox Corporation. It was moved by Puckett, seconded by Potts, to authorize the Police Department to enter into a 60 -month lease agreement with Xerox Corporation for a copy machine lease. Motion carried 3-0, Thomas abstained, Saltarelli absent. CONSENT CALENDAR ITEM NO. 5 AWARD OF CONTRACT FOR DESIGN SERVICES FOR TUSTIN SPORTS PARR MASTER PLAN Mayor Pro Tem Potts questioned who determined selection of the contractor; and requested that the Parks and Recreation Commission Chairperson be included in future proposal reviews. Christine Shingleton, Assistant City Manager, responded that the judges were Susan Jones, Recreation Superintendent; Randy Westrick, Recreation Supervisor; and Ed Elowe, Project Manager. It was moved by Potts. seconded by Thomas, to award the contract for design services for the Tustin Sports Park Master Plan to the firm of Anthony and Langford for a fee not to exceed $70,000 plus reimbursable expenses. Motion -carried 4-0, Saltarelli absent. VIII. ORDINANCES FOR INTRODUCTION - None I%. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 1093 - AMENDMENT TO CONTRACT WITH PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) It was moved by Puckett, seconded by Thomas, that Ordinance No. 1093 have second reading by title only. Motion carried 4-0, Saltarelli absent. Following second reading by title only of Ordinance No. 1093 by the City Clerk, it was moved by Puckett, seconded by Thomas, to adopt the following Ordinance No. 1093: CITY COUNCIL MINUTES Page 7, 8-3-92 ORDINANCE NO. 1093 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING AN AMENDMENT FOR MISCELLANEOUS EMPLOYEES TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Motion carried 4-0, Saltarelli absent (roll call vote). X. OLD BUSINESS 1. MEMORANDUM OF UNDERSTANDING MARINE CORPS AIR STATION, TUSTIN Christine Shingleton, Assistant City Manager, reported that the Department of Defense Office of Economic Adjustment approved the City's grant request of $750,000 for preparation of a joint Environmental Impact Report/Statement for disposal of the base project, and the City's preparation and adoption of a Specific Plan. A condition of the grant was a Memorandum of Understanding with the Marine Corps Air Bases Western Area, which outlined the scope of work for the project and obligations of each party. It was moved by Puckett, seconded by Thomas, to authorize the City Manager and Assistant City Manager to execute the subject Memorandum of Understanding. Motion carried 4-0. Saltarelli absent. ,2. RED HILL AVENUE, EDINGER AVENUE TO I-5 FREEWAY It was moved by Potts. seconded by Thomas, to receive and file subject report. Mayor Pro Tem Potts requested this item be presented at the Town Hall meeting on August 25, 1992, for further discussion. The following member of the audience expressed his concern regarding lack of bicycle lanes on Red Hill Avenue, and the potential danger for bicyclists on the Red Hill Avenue bridge: Todd Ferguson, Tustin Motion carried 4-0, Saltarelli absent. XI. NEW BUSINESS 1. REQUEST TO WAIVE REQUIREMENTS TO CONSTRUCT SIDEWALKS AT 2512- 2522 CHAMBERS ROAD (CRESTMARR REAL ESTATE AND INVESTMENTS) Robert Ledendecker, Director of Public Works, reported that staff received a request from Crestmark Real Estate and Investments to waive the standard sidewalk construction requirement adjacent to their building located at 2512-2522 Chambers Road. CITY COUNCIL MINUTES Page 8, 8-3-92 Mayor Pro Tem Potts stated he favored waiving the sidewalk construction requirement at this time because installation of a sidewalk would force the business to remove recently planted trees and landscaping, and there was minimal pedestrian traffic. He stated this subject could be re-evaluated in the future. Councilmember Puckett said he opposed the request to waive the requirements for sidewalks because he did not observe trees that would have to be removed; the section requiring sidewalks was minimal; and installation would complete flow of sidewalks in that area. Mayor Pontious stated that pedestrian traffic was forced to walk in the street and for their safety, she was in favor of denying the request to waive sidewalk requirements. Councilmember Thomas said he favored waiving the requirements to construct the sidewalk because of the current economic condition; but, Council could re-examine the subject at a later date. Mayor Pontious stated there were only certain development actions that could trigger the City's ability to require sidewalks and requested staff investigate alternative approaches and submit recommendations. It was moved by Potts, seconded by Thomas, to continue this item for 30 days. Motion carried 4-0, Saltarelli absent. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JULY 271 1992 It was moved by Thomas, seconded by Potts, to ratify the Planning Commission Action Agenda of July,27, 1992. Motion carried 4-0, Saltarelli absent. 2. 1991-92 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT QUARTERLY UPDATE It was moved by Puckett, seconded by Thomas, to receive and file subject report. Motion carried 4-0, Saltarelli absent. 3. AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION PLAN It was moved by Puckett, seconded by Thomas, to receive and file subject report. Motion carried 4-0. Saltarelli absent. CITY COUNCIL MINUTES Page 9, 8-3-92 'II. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. QUALIFICATION REQUIREMENTS - CULTURAL RESOURCES COMMITTEE Mayor Pro Tem Potts requested a report at the August 17, 1992 Council meeting on qualification requirements for the Cultural Resources Committee membership. 2. IMMIGRATION AND NATURALI2ATION ASSISTANCE - DRYWALL STRIKERS Mayor Pro Tem Potts reported excessive cost/time incurred by the Police Department to control activities of drywall strikers, and stated he would write a letter to Congressman Cox requesting the Immigration and Naturalization Service become actively involved. Councilmember Thomas voiced his support of Immigration and Naturalization Service assistance during drywallersI protest. 3. STATE BUDGET CRISIS Councilmember Thomas stated his frustration with the State budget crisis. 4. TOWN HALL MEETING - AUGUST 25 Councilmember Thomas requested residents attend the Town Hall meeting on August 25, 1992, at the Tustin Area Senior Center. 5. "TASTE OF TUSTIN" Councilmember Puckett and Mayor Pontious reported the "Taste of Tustin" was a successful event. XV. CLOSED SESSION Mayor Pontious announced the City Council would recess to Closed Session to consider personnel matters pursuant to Government Code Section 54957. XVI. ADJOURNMENT Mayor Pontious adjourned the meeting at 8:30 p.m., and announced the City Council had scheduled a Budget Workshop on Monday, August 17, 1992, 5:00 p.m., at the Tustin Area Senior Center; and the next regular meeting of the City Council was scheduled for Monday, August 17, 1992, 7:00 p.m., at the Tustin Area Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK