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HomeMy WebLinkAboutCC 1 MINUTES 08-03-92MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JULY 20, 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. The Pledge of Allegiance was led by Councilmember Puckett. II. INVOCATION The Invocation was given by Rev. John Hanisch, Red Hill Lutheran Church. III. ROLL CALL Council Present: Leslie Anne Pontious, Mayor Jim Potts, Mayor Pro Tem Charles E. Puckett Thomas R. Saltarelli Jeffery 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 Royleen White, Dir./Community & Admin. Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir., Comm. Development Gary Veeh, Water Services Manager Doug Anderson, Transportation Engineer Larry Schutz, Assistant Finance Director Susan Jones, Recreation Superintendent Valerie Whiteman, Chief'Deputy City Clerk Donna Emory, Executive Coordinator Irma Hernandez, Administrative Assistant Approximately 20 in the audience IV. PROCLAMATION - CALIFORNIA'S NATIVE AMERICANS See Page 4. V. PUBLIC HEARING I.' LEVY OF ANNUAL ASSESSMENTS FOR THE 1992-93 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Robert Ledendecker, Director of Public Works, requested that the public hearing be opened, testimony accepted from interested residents, -and then continued to the August 3, 1992 Council meeting in order to meet the required publication timeline for noticing of public hearings. CITY COUNCIL MINUTES Page 2, 7-20-92 Mayor Pontious opened the Public Hearing at 7:05 p.m. There were no speakers on the item. It was moved by Puckett, seconded by Thomas, to continue the Public Hearing to the regularly scheduled City Council meeting of August 3, 1992. Motion carried 5-0. VI. PUBLIC INPUT - None VII. CONSENT CALENDAR It was moved by Potts, seconded by Puckett, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - JULY.6, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of July 6, 1992. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,220,136.87 and ratify Payroll in the amount of $303,012.82 3. 1992-93 COUNTY OF ORANGE ANIMAL CONTROL/SHELTER CONTRACT Recommendation: Authorize the Mayor to execute the agreement with the County of Orange to provide Animal Control and Shelter Services to the City of Tustin during fiscal year 1992-93 as recommended by the Finance Department. 4. RESOLUTION NO. 92-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO ACCEPTANCE OF OFFERS OF DEDICATION FOR PROPERTY FRONTING ON YORBA STREET BETWEEN FIRST STREET AND IRVINE BOULEVARD Recommendation: Accept the four offers of dedication with the adoption of Resolution No. 92-92 as recommended by the Public Works Department/Engineering Division. S. RESOLUTION NO. 92-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR RE -ROOFING OF WAREHOUSE AND SHOP BUILDINGS AT CITY MAINTENANCE YARD Recommendation: Adopt Resolution No. 92-93 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Field Services Division. 6. RESOLUTION NO. 92-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING 'RECORDATION OF NOTICE OF COMPLETION FOR THE MODIFICATION OF TRAFFIC SIGNALS AND INTERCONNECT AT VARIOUS LOCATIONS Recommendation: Adopt Resolution No. 92-94 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. CITY COUNCIL MINUTES Page 31 7-20-92 7. RESOLUTION NO. 92-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR SLURRY SEAL PROJECT, 1989-90 FY AND 1990-91 FY Recommendation: Adopt Resolution No. 92-95 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 8. AWARD OF CONTRACT FOR TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION AT WARNER AVENUE AND PULLMAN STREET Recommendation: Award the contract for subject project to Steiny & Company, Inc. in the amount of $99,894.00 as recommended by the Public Works Department/Engineering Division. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1095 - PROPOSED AMENDMENT TO TUSTIN CITY CODE RELATING TO FOOD HANDLING BUSINESSES AND HEALTH SERVICE FEES Rita Westfield, Assistant Director of Community Development, reported that the County of Orange Health Care Agency had requested that the City Code sections regarding food handling businesses be updated to reflect current County regulations and State law. The recommended minor Code amendments related to definitions, hearing appeal process, and health service fees; and pertained to restaurants, mobile food vendors, vending .machines, produce stands, and food distribution facilities. Council/staff discussion followed regarding the necessity of a City Code amendment in order for the County, as an agent for the City, to enforce food handling health requirements. It was moved by Potts, seconded by Thomas, that Ordinance No. 1095 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1095 by the City Clerk, it was moved by Puckett, seconded by Thomas, that the following Ordinance No. 1095 be introduced: 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 SERVICE FEES Motion carried 5-0. It was moved by Potts, seconded by Puckett, to advertise Ordinance No. 1095 for a public hearing on August 3, 1992. Motion carried 5-0. CITY COUNCIL MINUTES Page 4, 7-20-92 2. ORDINANCE NO. 1093 - AMENDMENT TO CONTRACT WITH THE PUBLIC EMPLOYEES1 RETIREMENT SYSTEM William Huston, City Manager, reported that the Council had previously adopted a Resolution of Intention to amend the Public Employees' Retirement System contract for members of the Tustin Municipal Employees Association to provide the single highest year option, and adoption of Ordinance No. 1093 would be the final step required by State law. It was moved by Puckett. seconded by Potts, that Ordinance No. 1093 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1093 by the City Clerk, it was moved by Puckett. seconded by Thomas, that the following Ordinance No. 1093 be introduced: 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 5-0. �V. PROCLAMATION - CALIFORNIA'S NATIVE AMERICANS (Agenda Order) Mayor Pontious read and presented a proclamation to Paula Star Roubideau, Assistant Executive Director of Southern California Indian Center, in recognition of California's Native Americans. Ms. Roubideau thanked the City Council for the honor and presented them with a poster commemorating the Indian Center's 24th Annual Powwow to be held on August 14-16, 1992. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1094 - VEHICLES IN LOADING ZONES It was moved by Potts. seconded by Saltarelli, that Ordinance No. 1094 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1094 by the City Clerk, it was moved by Puckett, seconded by Thomas, that the following Ordinance No. 1094 be passed and adopted: ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE STOPPING OF VEHICLES IN LOADING ZONES Motion carried 5-0 (roll call vote). 2. ORDINANCE NO. 1096 - EXPENSES OF COUNCILMEMBERS It was moved by Puckett, seconded by Thomas, that Ordinance No. 1096 have second reading by title only. Motion carried 5-0. CITY COUNCIL MINUTES Page 5, 7-20-92 Following second reading by title only of Ordinance No. 1096 by the City Clerk, it was moved by Puckett, seconded by Thomas, that the following Ordinance No. 1096 be passed and adopted: ORDINANCE NO. 1096 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE REGARDING EXPENSES OF COUNCILMEMBERS Motion carried 5-0 (roll call vote). X. OLD BUSINESS 1. SETTING INTERVIEW DATES - PLANNING COMMISSION, PARRS AND RECREATION COMMISSION, AND CULTURAL RESOURCES COMMITTEE Council concurred to conduct interviews for vacancies on the Planning Commission, Parks and Recreation Commission, and Cultural Resources Committee from 5:00 p.m to 7:00 p.m. on August 3, 1992. 2. AIRPORT STATUS REPORT Rita Westfield, Assistant Director of Community Development, summarized information related to the Noise Abatement Committee, Coalition for Responsible Airport Solution (CRAS), and John Wayne Airport Noise Abatement Quarterly Reports. Mayor Pro Tem Potts requested, staff provide an informational report regarding a newspaper article on the possible sale of John Wayne Airport to the Transportation Corridor Agency. Councilmember Saltarelli reported he had received a complaint from an Old Town resident regarding noise from what might have been a low flying non-commercial aircraft, and questioned if there had been similar complaints. Rita Westfield responded that there had not been similar complaints but urged residents to report the specific time and details of these flights to City staff. It was moved by Thomas, seconded by Puckett, to receive and file subject report. Motion carried 5-0. XI. NEW BUSINESS 1. CREATION OF A BEAUTIFICATION COMMITTEE Councilmember Thomas stated he had invited resident, Erin Nielsen, to share her ideas regarding a beautification committee; and reported.he had investigated the City of South Gate's beautification efforts and would be providing staff with information on that program. The following member of the audience summarized her beautification committee concepts including the mission, CITY COUNCIL MINUTES Page 6, 7-20-92 solicitation of residents' suggestions, addressing current problems, utilizing volunteer organizations, Beautification Month, retailer discounts, garage sales, trash collection, charity pick-ups, "how-to" clinics, and picnic in the park celebrations: Erin Nielsen, 14462 Oxford, Tustin Councilmember Puckett expressed his pleasure that a resident was willing to become involved with this project and pledged his support. Mayor Pro Tem Potts noted that the City was currently undertaking some of the projects mentioned and efforts would be coordinated. He also reported the grass along Tustin Ranch Road was dying and the watering system should be checked. Mayor Pontious noted that the City currently had curbside pick- up for large items and part of the beautification project coincided with the Community Improvement Partnership Program (CIPP). She stated it was heartening to have residents willing to spearhead this movement because there were always numerous ways to improve Tustin. Councilmember Thomas stated he would obtain additional information and submit to the Council for action. 2. FORMATION OF A NON-PROFIT FOUNDATION Councilmember Thomas stated he would be meeting further with the City Manager to gather additional information on the establishment of a foundation and recommended the item be tabled until August. Mayor Pontious noted that the Youth Committee was also investigating the need for a foundation and she requested that information be structured to encompass both because it would be beneficial to have one foundation for all projects. 3. RESTRIPING OF RED HILL AVENUE Mayor Pro Tem Potts commented that traffic congestion continued on Red Hill Avenue and the matter would be addressed at the next meeting. Council concurred to continue this item to the August 3, 1992 City Council meeting. 4. HOLDING THE MUNICIPAL ELECTION IN JUNE Councilmember Thomas said he had agendized this item for discussion and his reason for wanting to move the City's election from April to June was to increase the percentage of voter turnout, noting a 19.6% voter turnout in April compared to 42.4% voter turnout at the June primary. Additionally, he felt that the April election date conflicted with tax return filing deadlines and spring vacation; that communication and public CITY COUNCIL MINUTES Page 7, 7-20-92 involvement would increase; and that this was a compromise to holding November elections, which had extensive State and Federal ballots. He did not believe the argument that it would cost candidates more money' was relevant, he felt it was the responsibility of the candidate to reach the voters. The following member of the audience spoke in opposition to changing the City's election from April to June: Carl Kasalek, Tustin Mayor Pro Tem Potts suggested this was a subject Jerry Weil could include in his campaign contribution survey. Councilmember Puckett stated that 2-1/2 years ago, the debate between April and November elections cost the City $200,000; and he felt the people of Tustin clearly stated their support for April elections by electing candidates who favored it. He believed the City received better Council candidates and more informed voters by maintaining April elections. Mayor Pontious noted that one faction desired campaign contribution limitations and another faction was now suggesting that the election be moved to a date that would cost more, which would put pressure on incumbents and challengers to accept maximum contributions and it would be more difficult to raise funding without asking contractors and others who could give large campaign donations. She stated that only the symptoms were being treated when talking about low voter turnout and campaign contribution abuses, and not getting to the key issue which was communication and citizen involvement. Additionally, if it became difficult for challengers, which it would be by moving the election to June, she felt it would be a disservice to the community. Councilmember Thomas reiterated his support of June elections due to higher voter turnout, cost factors, preference of residents, and increased communication. Councilmember Saltarelli stated increased voter turnout was always preferable and there were many factors involved in attempting to raise voter participation. One factor was the candidates' ability to reach the voters, which was very expensive; and discussion of this subject may get residents interested and focused on when they wanted to vote in an election. He suggested this item be placed on the agenda for Town Hall meetings. Mayor Pontious said she had requested the City Manager investigate the possibility of a school program to educate students as to the importance of city services and the decisions made by a city that effected daily lives. She stated these were the types of activities that would hopefully encourage residents to become involved in their city and attack the disease of apathy. CITY COUNCIL MINUTES Page 8, 7-20-92 Council concurred to include residents' preference for election date in Jerry Weil's campaign contribution survey and agendize the subject for Town Hall meetings. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JULY 13, 1992 It was moved by Potts, seconded by Thomas, to ratify the Planning Commission Action Agenda of July 13, 1992. Motion carried 5-0. 2. CITIZEN COMPLAINT ON LACK OF CROSSWALKS ON YORBA STREET BETWEEN SEVENTEENTH STREET AND SANTA CLARA AVENUE It was moved by Puckett, seconded by Potts, to receive and file subject report. Mayor Pro Tem Potts stated he had checked with the school district and a bus stop was not scheduled for the subject intersection. Motion carried 5-0. 3. STATUS REPORT - ALMERIA HOMEOWNERS ASSOCIATION TRAFFIC ISSUES It was moved by Potts, seconded by Thomas, to receive and file subject report. Motion carried 5-0. 4. STATUS REPORT - 1992 CONGESTION MANAGEMENT PROGRAM (CMP) LEVEL OF SERVICE UPDATE It was moved by Potts, seconded by Thomas, to receive and file subject report. Motion carried 5-0. S. SENIOR VOLUNTEER PROGRAM It was moved by Puckett, seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. %III. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. FORMER PLANNING COMMISSIONER SHAHEEN DIES JULY 18, 1992 Councilmember Puckett- reported that former Planning Commissioner, Edmund Shaheen, had passed away on July 18, 1992, and expressed condolences to the Shaheen family. Mayor Pontious requested adjournment in memory of Mr. Shaheen. CITY COUNCIL MINUTES Page 9, 7-20-92 2. SERVICE GROUPS ASSIST WITH RECREATIONAL PROGRAMS Mayor Pontious reported on a successful meeting with City service groups who will be assisting the City with recreational programs. XV. CLOSED SESSION Mayor Pontious announced that,. 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 Tustin _Hills Environmental Alliance v. City of Tustin and the case number was 682333. XVI. ADJOURNMENT Mayor Pontious adjourned the meeting at 8:00 p.m. in memory of former Planning Commissioner, Edmund Shaheen; and announced the City Council had scheduled interviews for vacancies on the Planning Commission, Parks and Recreation Commission, and Cultural Resources Committee on August 3 , 1992 , at 5: 00 p.m.,, at the Tustin Area Senior Center and the next regular meeting of the City Council was scheduled for Monday, August 3, 1992, 7:00 p.m., at the Tustin Area Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK