HomeMy WebLinkAboutCC 1 MINUTES 11-15-93 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
NOVEMBER 1, 1993
CONSENT CALENDAR NO. 1
11-15-93
II.
III ·
IV.
CALL TO ORDER/PLEDGE OF ALLEGIANCE
The meeting was called to order by Mayor Potts at 7:00 p.m. at the
Council Chambers, 300 Centennial Way, Tustin, California. The
Pledge of Allegiance was led by Councilmember Pontious.
INVOCATION
The Invocation was given by Rev. Henry Sellers, First Baptist
Church of Tustin.
ROLL CALL
Council Present:
Council Absent-.
City Clerk:
Others Present:
Jim Potts, Mayor
Thomas R. Saltarelli, Mayor Pro Tem
Leslie Anne Pontious
Charles E. Puckett
Jeffery M. Thomas
None
Mary E. Wynn
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
Dana Kasdan, Engineering Services Manager
Bettie Correa, Senior Personnel Analyst
RObert Ruhl, Field Services Manager
Doug Anderson, Transportation Engineer
Susan Jones, Recreation Superintendent
Randy Westrick, Recreation Supervisor
ValerieWhiteman, Chief Deputy City Clerk
Approximately 30 in the audience
PROCLAMATIONS
1. NICK AND ELLEN BURNEY, COMMUNITY SERVICE
Mayor Potts read and presented proclamations to Nick and Ellen
Burkey recognizing their many hours of volunteer cable service
to the community.
Nick and Ellen Burkey thanked the Council for the
proclamations.
LOIS CARR AND JAMES D. KANE, FORMER PARK~ AND RECREATION
COMMISSIONERS
Mayor Potts read and presented a proclamation to Lois Carr,
and read a proclamation for James D. Kane, recognizing their
service as Parks and Recreation Commissioners.
Lois Carr thanked the Council for the proclamation.
CITY COUNCIL MINUTES
Page 2, 11-1-93
Vo
VI.
VII.
Margarete Thompson, on behalf of the Parks and Recreation
Commission, presented a farewell gift to Lois Carr.
PUBLIC HEARING - None
PUBLIC INPUT
1. DINOSAUR DASH/PASTA FEED
Doug Davert, TustinPublic Schools Foundation, encouraged the
community to support the Dinosaur Dash on November 7, 1993;
and the Tustin Schools Foundation Pasta Feed on November 6,
1993.
CONSENT CALENDAR
Item No. 7 was removed from the Consent Calendar by Mayor Potts.
It was moved by Potts, seconded by Saltarelli, to approve the
remainder of the Consent Calendar as recommended by staff. Motion
carried 5-0.
1. APPROVAL OF MINUTES - OCTOBER 19, 1993 REGULAR MEETING
Recommendation: Approve the City Council Minutes of
October 19, 1993.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$1,413,397.08 and ratify Payroll in the amount of
$320,327.38.
" 3. GENERAL MUNICIPAL ELECTION - APRIL 12, 1994
RESOLUTION NO. 93-114 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, APRIL 12, 1994, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
Recommendation: Adopt Resolution No. 93-114 calling and
giving notice of the April 12, 1994 General Municipal
Election as recommended by the Office of the City Clerk.
RESOLUTION NO. 93-115 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES'
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD
ON TUESDAY, APRIL 12, I994
Recommendation: Adopt Resolution No. 93-115 adopting
candidate statement regulations as recommended by the
Office of the City Clerk.
RESOLUTION NO. 93-116 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE RENDER SPECIFIED SERVICES
TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1994
CITY COUNCIL MINUTES
Page 3, 11-1-93
Recommendation: Adopt Resolution No. 93-116 requesting the
County of Orange render specified election services as
recommended by the Office of the City Clerk.
RESOLUTION NO. 93-117 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN; CALIFORNIA, ORDERING THE CANVASS OF THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12,
1994, BE MADE BY THE OFFICE OF THE CITY CLERK
Recommendation: Adopt Resolution No. 93-117 ordering
canvass of the election as recommended by the Office of the
City Clerk.
RESOLUTION NO. 93-118 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A FEE FOR THE
PROCESSING OF ANINITIATIVE PETITION FOR ANYMUNICIPAL MEASURE
Recommendation: Adopt Resolution No. 93-118 establishing
an initiative filing fee as recommended by the Office of
the City Clerk.
4. REJECTION OF CLAIM NO. 93-38 - CLAIMANT, CHRISTOPHER KEYS;
DATE OF LOSS, 8/12/93; DATE FILED WITH CITY, 9/7/93
Recommendation: Reject subject claim for personal property
and general damages in the amount of $951.10 as recommended
by the City Attorney.
5. REJECTION OF CLAIM NO. 93-51 - CLAIMANT, DONNA FERRARI; DATE
OF LOSS, 5/24/93; DATE FILED WITH CITY, 10/11/93
Recommendation: Reject subject claim for personal injury
damages of an undetermined amount as recommended by the
City Attorney.
6. REJECTION OF CLAIM NO. 93-50 - CLAIMANT, SHIRLEY LOECHNER;
DATE OF LOSS, 9/25/93; DATE FILED WITH CITY, 10/4/93
Recommendation: Reject subject claim for property damages
of an undetermined amount as recommended by the City
Attorney.
8. RESOLUTION NO. 93-123 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF
IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF
COMPLETION FOR THE WATER MAINREPLACEMENTON HEWES AVENUE FROM
BIKINI PLACE TO ERVIN LANE, HEWES AVENUE FROM OAK RIDGE DRIVE
TO DODGE AVENUE, MURIEL PLACE ANDMARELLCIRCLE EAST OF HEWES
AVENUE AND FOOTHILL BOULEVARD BETWEEN ARROYO AVENUE AND
NEWPORT AVENUE
Recommendation: Adopt Resolution No. 93-123 accepting said
work and authorizing the recordation of the .Notice of
Completion as recommended by the Public Works
Department/Engineering Division.
9. RESOLUTION NO. 93-125 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR
THE ANNUAL PAVEMENT MARKING AND STRIPING PROGRAM AND
AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 93-125 approving
specifications for subject project and authorizing
CITY COUNCIL MINUTES
Page 4, 11-1-93
advertisement for bids as recommended by the Public Works
Department/Engineering Division.
10. EXTENSION OF AGREEMENT WITH ORANGE COUNTY DISTRICT ATTORNEY
FOR PROSECUTION OF ORDINANCE VIOLATIONS
Recommendation: Approve the proposed agreement as
submitted and authorize and direct the Mayor and City Clerk
to execute on behalf of the City as recommended by the City
Attorney.
11. RESOLUTION NO. 93-124 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR WATER MAIN REPLACEMENTS ON NEWPORT AND
WARREN AVENUES AND AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 93-124 approving
plans and specifications and authorizing advertisement for
bids for subject project as recommended by the Public Works
Department/Water Services Division.
12. RESOLUTION NO. 93-120 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO.
14748
Recommendation: Adopt Resolution No. 93-120 approving
Final Tract Map No. 14748 as recommended by the Community
Development Department.
13. RESOLUTION NO. 93-119 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACTMAP NO.
14669
Recommendation: Adopt Resolution No. 93-119 approving
Final Tract Map No. 14669 as recommended by the Community
Development Department.
14. RESOLUTION NO. 93-121 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, SETTING A TIME AND PLACE OF
A PUBLIC HEARING TO CONSIDER THE DESIGNATION AND ADOPTION OF
AN UNDERGROUND UTILITY DISTRICT REQUIRING THE REMOVAL OF
POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES
WITHIN THE AREA OF THE CITY OF TUSTIN LOCATED ON RED HILL
AVENUE BETWEEN COPPERFIELD DRIVE AND NISSON ROAD, WHICH AREA
IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND ON THAT
CERTAIN MAP ON FILE IN THE OFFICE OF THE CITY CLERK AND CITY
ENGINEER OF THE CITY OF TUSTIN
Recommendation: Pass and adopt Resolution No. 93-121 which
sets the time and place of a public hearing to consider the
designation and adoption of the Red Hill Avenue Underground
Utility District No. 14 as recommended by the Public Works
Department/Engineering Division.
15. RESOLUTION NO. 93-122 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION
PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE
1989 FOR THE LANDSCAPING OF NISSON ROAD AND EL CAMINO REAL
BETWEEN RED HILL AVENUEAND NEWPORT AVENUE
Recommendation: Adopt Resolution No. 93-122 authorizing
CITY COUNCIL MINUTES
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VIII.
IX.
X.
the Director of Public Works/City Engineer, Robert S.
Ledendecker, to submit an application for the State
Resources Agency Environmental Enhancement and Mitigation
Program Grant as recommended by the Public Works
Department/Engineering Division.
16. 1993-94 FUNDING REQUEST AND AGREEMENT FOR SENIOR
TRANSPORTATION SERVICES - ORANGE COUNTY TI~tNSPORTATION
AUTHORITY
Recommendation: Authorize staff to execute the agreement
with the Orange County Transportation Authority for senior
citizen transportation services as recommended by the
Community Services Department.
17. THIRD AMENDMENT TO LETTER OF UNDERSTANDING CONCERNING THE
COMMUNITY PARK FOR THE TUSTIN RANCH COMMUNITY
Recommendation: Authorize the City Manager to execute the
Third Amendment to the March 11, 1989 Letter of
Understanding with the Irvine Company as recommended by the
Community Development Department.
18. RESOLUTION NO. 93-126 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, TO AMEND LEAVE AND
HEALTH/WELFARE BENEFITS OF CONFIDENTIAL EMPLOYEES
Recommendation: Adopt Resolution No. 93-126 relating to
the general leave accumulation and health/welfare benefits
package for Confidential Employees as recommended by the
Personnel Division.
CONSENT CALENDAR ITEM NO. 7 - ASSET FORFEITURE APPROPRIATION
Mayor Potts requested this item be continued to allow further
research.
Council concurred to continue this item.
ORDINANCES FOR INTRODUCTION - None
ORDINANCES FOR ADOPTION - None
OLD BUSINESS
1. SYCAMORE AVENUE PEDESTRIAN ACCESS BETWEEN PEPPERTREE AND
TUSTIN MEADOWS RESIDENTIAL DEVELOPMENTS
Doug Anderson, Transportation Engineer, reported that at the
July 19, 1993 meeting, Council requested staff work with the
Peppertree and Tustin Meadows Homeowner Associations to
develop alternatives for the pedestrian access. The
alternatives were presented at a meeting held with the
homeowner associations and subsequently, staff received
letters of support for several of the alternatives as well as
additional concerns.
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XI.
The following member of the audience spoke in favor of
Alternative 2A and also suggested converting Sycamore Avenue
into a greenbelt area:
George Speicher, 14711 Alder Lane, Tustin
The following member of the audience spoke in favor of
Alternative 2A or postponing action:
Rex Combs, Tustin Meadows Community Association
The following member of the audience spoke in favor of
Alternative 2A:
Debbie Fellick, 14741 Alder Lane, Tustin
The following member of the audience spoke in favor of
postponing this item to research other alternatives:
Carl Kasalek, Peppertree Homeowners Association
Mayor Potts requested a staff report addressing the
disposition of underground oil products and jet fuel lines;
and supported continuing this item for further study.
Councilmember Thomas stated that because of the cost of the
proposed alternatives, continuing this item would provide time
to examine the budget and explore other alternative costs.
Councilmember Pontious said she suppOrted continuing this item
to al low including the cost in the budget, and allow
residents time to investigate other alternatives, such as the
greenbelt suggestion.
Council/staff discussion followed regarding ownership of the
property between the railroad tracks.
Councilmember Puckett stated he also favored Alternative 2A;
however, because of the economic conditions, he supported
continuing this item to provide funding in the budget and to
investigate all alternatives.
It was moved by Puckett, seconded by Pontious, to table this
item; and direct staff to meet with the homeowners
associations to explore additional alternatives.
Motion carried 5-0.
NEW BUSINESS
1. REPLACEMENT HEI~BERS FOR THE TUSTIN ~REA SENIOR CENTER FUND,
INC. BOARD OF DIRECTORS
Susan Jones, Recreation Superintendent, reported the Tustin
Area Senior Center Fund, Inc. was established to raise money
for the construction of the Tustin Area Senior Center.
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Page 7, 11-1-93
Currently, the Senior Center Fund oversees the Senior Center
Gift Shop and accepts donations for capital purchases for the
Center. Two of the board members, Ursula Kennedy, member-at-
large, and Dick Edgar, Council representative, resigned
leaving two vacancies on the Board. Staff recommended
appointing Marissa Charette, and selecting a Council
representative to serve on the Board of Directors.
It was moved by Puckett, seconded by Thomas, to appoint
Marissa Charette and Councilmember Pontious to the Board of
Directors.
Motion carried 5-0.
2. CITY ELECTION DATES
Councilmember Thomas. noted that AB 2196 would go in effect
January 1, 1994, and requested Council make a decision on
changing the City's 1996 election date.
Mayor Potts stated he preferred discussing the bill after it
became law in January.
Mayor Pro Tem Saltarelli said he was not opposed to moving the
City's election to the primary election date, but wanted to
survey registered voters regarding their election date
preference before the Council made a decision. He noted
philosophical differences within the community related to
voter turnout in a November election versus City focus of an
April election.
Councilmember Pontious .stated she would also like citizen
input on the issue. She noted that separate elections were
less costly for the candidates, but she believed the City's
April election, held within weeks of the March election, would
defeat the purpose of separation of issues and reducing
candidate costs.
Councilmember Puckett stated he agreed with consolidating the
two elections; however, he was opposed to Council action until
receiving citizen input.
Mayor Potts questioned if survey computer software previously
supplied to Jerry Weil could be utilized for the survey.
Council/staff discussion followed regarding placing this issue
on the ballot for the City's 1994 April election.
The following member of the audience spoke in opposition to
placing this issue on the April election ballot; and suggested
agendizing the subject at the next Town Hall meeting:
Carl Kasalek, Tustin
CITY COUNCIL MINUTES
Page 8, 11-1-93
The following member of the audience summarized Campaign
Reform Committee survey results including former Council
candidates' preferences of election dates:
Jerry Weil, 1702 Summerville, Tustin
Council concurred to agendize changing the City's election
date at the January 3, 1994 Council meeting; and direct staff
to submit a report on the Campaign Reform Committee's
election/campaign survey data.
3. TRAVEL AND EXPENSE POLICY
William Huston, City Manager, reported that Council had
directed staff to prepare a new travel and expense policy in
order to update and consolidate previous policies and
practices including travel, meeting and related expenses. He
stated the policy had been reviewed by the Audit Committee,
and was in conformance with Internal Revenue Service
guidelines.
It was moved by Thomas,. seconded by Pontious, to adopt the
Travel and Expense Policy.
Motion carried 5-0.
4. GIFT BAN ORDINANCE
Mayor Potts stated he had requested this item be agendized
because a citizen had inquired if the City i~tended to
initiate a gift ban ordinance similar to the County of Orange.
He stated the City had an existing policy regarding employees
accepting gifts less than $50.00, and believed it should be
amended to employees not accepting gifts unless they were
shared with the public at City Hall.
William Huston, City Manager, explained that State law set
guidelines and conflict of interest reporting criteria fo~
councilmembers and designated officials/staff receiving gifts,
and the City had a policy regarding staff accepting gifts
which could be amended at Council's request.
Mayor Potts stated he would like Council and employees to be
bound by the same gift guidelines.
Mayor Potts' motion to direct staff to submit a report
addressing a gift ban for employees and Council died for lack
of a second.
Mayor Pro Tem Saltarelli commented that the State regulations
were adequate regarding Councilmembers receiving gifts.
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Page 9, 11-1-93
&II. REPORTS
1. PL;tNNING COMMISSION ACTION AGENDA - OCTOBER 25, 1993
It was moved by Pontious, seconded by Saltarelli, to ratify
the Planning Commission Action Agenda of October 25, 1993.
Motion carried 5-0.
2. INVESTMENT SCHEDULE AS OF AUGUST 31, 1993
It was moved by Puckett, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0.
3. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY
Christine Shingleton, Assistant City Manager, reported
approval of the program would allow the City to expend funds
outside of the redevelopment project areas on certain programs
that would 'Provide benefit to the project areas, such as
first-time homebuyer program, down payment and second mortgage
assistance, and housing rehabilitation.
It was moved by Thomas, seconded by Puckett, to adopt the
following Resolution No. 93-111:
RESOLUTION NO. 9~T]ll-A .RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE USE OF TAX
INCREMENT HOUSING SET-ASIDE FUNDS ALLOCATED FROM THE SOUTH
CENTRAL PROJECT AREAAND FROM THE TOWN CENTER PROJECT AREA FOR
THE IMPLEMENTATION OF THE CITY OF TUSTIN COMPREHENSIVE
AFFORDABLE HOUSING STRATEGY OUTSIDE THE PROJECT AREAS WITHIN
THE CITY OF TUSTIN WILL BE OF PRIMARY BENEFIT TO BOTH PROJECT
AREAS
Motion carried 5-0.
4. TUSTIN RANCH SPORTS PARK DESIGN UPDATE
It was moved by Puckett, seconded by Pontious, to receive and
file subject report.
Motion carried 5-0.
XIII. PUBLIC INPUT - None
IV.
OTHER BUSINESS
1. STATUS REPORT - NISSON ROAD BILLBOARD
James Rourke, City Attorney, stated he had submitted to
Council a status report on the illegal billboard located on
Nisson Road.
CITY COUNCIL MINUTES
Page 10, 11-1-93
2. VOLUNTEERS NEEDED - GRAFFITI TASK FORCE/TUSTIN PRIDE COMMITTEE
Councilmember Pontious reported the Graffiti Task Force and
Tustin Pride Committee needed volunteers and encouraged
residents to donate their time.
3. DINOSAUR DASH
Mayor Pro Tem Saltarelli encouraged everyone to participate
in the Dinosaur Dash on November 7, 1993.
4. SUPPORT TUSTIN/FOOTHILL HIGH SCHOOL FOOTBALL
Mayor Pro TemSaltarelli encouraged everyone to support Tustin
and Foothill High School football teams.
5. TOWN HALL I~2~ETING
Councilmember Thomas requested a Town Hall meeting be held
before the end of the year. Council concurred.
6. COUNCIL VOTING SYSTEM - COMMISSION/COMMITTEE VACANCIES
Councilmember Thomas expressed concern with Council's current
voting system when filling commission/committee vacancies and
the embarrassment it caused to unsuccessful candidates.
William Huston, City Manager, responded that staff would
explore alternative voting methods.
Council/staff discussion followed regarding disclosing results
publicly.
7. TUSTINMARKET PLACE
Councilmember Thomas noted an Orange County Business Journal
article written by Peggy Hesketh stating the Tustin Market
Place was fourth in sales in Orange County.
8. CHAMBER OF COMMERCE GOLF TOURNAMENT
Councilmember Puckett wished the Chamber of Commerce success
in their upcoming golf tournament.
9. NATIONAL GUARD DISASTER RESPONSE TIME
Mayor Potts requested a letter be sent to Governor Wilson via
the League of Cities asking that the National Guard disaster
response time be expedited.
Councilmember Thomas voiced support for the victims of the
southland fires; and noted the excellent service provided to
the fire victims by local charity groups such as the Salvation
Army and Red Cross. He said that there was an approximate 24-
hour response time from Northern California fire fighters and
questioned the time delay.
CITY COUNCIL MINUTES
Page 11, 11-1-93
Mayor Potts commended the rapid response time from fire
departments for the Turtle Rock fire. He noted the efficient
service provided in the City of Irvine from volunteer radio
groups and the Red Cross.
The following member of the audience spoke on the availability
of water/chemical retardant materials at Marine Corps Air
Station, Tustin:
Rex Combs, Tustin
CLOSED SESSION
Mayor Potts announced that 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; and to consider personnel matters pursuant to Government
Code Section 54957.
ADJOURNMENT
Mayor Potts adjourned the meeting at 8:12 p.m. The next regular
meeting of the City Council was scheduled for Monday, November 15,
1993, 7:00 p.m., at the COuncil Chambers, 300 Centennial Way.
CLOSED SESSION STATEMENT
Following Closed Session, it was moved and seconded to approve the
Agreement for ·Extension ~.of _.Term ....o...f ..... ..E_.mj~l_0Y~_ ent for the .City
Manager.
Motion carried 5-0.
JIM POTTS, MAYOR
MARY E. WYNN, CITY CLERK