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HomeMy WebLinkAboutCC 1 MINUTES 05-03-93CONSENT CALENDAR NO. 1 i-3-93 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA APRIL 19, 1993 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 "C" Street, Tustin, California. The Pledge of Allegiance was led by Councilmember Saltarelli. II. INVOCATION The Invocation was given by Rev. McCready Johnston, Church of the New Covenant III. ROLL CALL Council Present: Leslie Anne Pontious, Mayor Jim Potts, Mayor Pro Tem Thomas R. Saltarelli Jeffery M. Thomas Council Absent: Charles E. Puckett City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manger W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Rita Westfield, Asst. Dir./Com. Development Dana Kasdan, Engineering Services Manager Robert Ruhl, Field Services Manager Dan Fox, Senior Planner Dana Ogdon, Senior Planner Susan Jones, Recreation Superintendent Gary Magill, Recreation Supervisor Melissa O'Neal, Recreation Supervisor Katie Pitcher, Administrative Assistant Valerie Whiteman, Chief Deputy City Clerk Approximately 100 in the audience IV. PROCLAMATION - TEACHER OF THE YEAR, DEEDEE CARR Mayor Pontious read and presented a proclamation to Deedee Carr, Tustin Unified School District Teacher of the Year. Deedee Carr accepted the proclamation and thanked the Council for the honor. V. PUBLIC HEARING 1. APPEAL OF CONDITIONAL USE PERMIT 93-006 (13882 NEWPORT AVENUE) Dan Fox, Senior Planner, reported that at the April 5, 1993 meeting, Council continued this item and requested staff prepare a resolution containing conditions of approval permitting a convenience market at the subject location and CITY COUNCIL MINUTES Page 2, 4-19-93 restricting sale of food to prepackaged items only. He stated the conditions of approval prohibited: the sale of open -foods, alcoholic beverages, magazines, auto related items, coin operated games, pool tables, and included standard conditions of approval for convenience markets. Mayor Pontious opened the Public Hearing at 7:06 p.m. The following member of the audience thanked Council, Planning Commission, and staff for modifying conditions of approval for Conditional Use Permit 93-006: Hamid Rashidian, applicant There were no other speakers on the subject and the Public Hearing was closed at 7:07 p.m. It was moved by Thomas, seconded by Potts, to adopt the following Resolution No. 93-38: RESOLUTION NO. 93-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 93-006, TO AUTHORIZE THE ESTABLISHMENT OF A CONVENIENCE MARKET PROVIDING PREPACKAGED FOOD ONLY WITHIN AN EXISTING TENANT SPACE AT THE PROPERTY LOCATED AT 13882 NEWPORT AVENUE, SUITE D, TUSTIN, CALIFORNIA Motion carried 4-0, Puckett absent. VI. PUBLIC INPUT 1. BUSINESS LICENSE FEE PENALTIES Robbin Nili, 992 Springfield Street, Costa Mesa, requested assistance regarding business license fee penalties. He stated he was unaware a business license was required for his property, but would pay the fee. However, he had not received the business license fee notification because it had been mailed to a previous address, and the $25.00 license fee, including penalties, was now over $200.00. William Huston, City Manager, stated a staff report addressing the issue would be presented at the May 3, 1993 Council meeting. 2. PROPERTY DAMAGE REIMBURSEMENT Robbin Nili, 992 Springfield Street, Costa Mesa, requested reimbursement for property damaged in a wrongful police search warrant conducted at the apartment complex he owned. He said he had filed a claim against the City; however, it had been denied by Council action. Mayor Pontious stated that a staff report would be presented at the May 3, 1993 Council meeting. CITY COUNCIL MINUTES Page 3, 4-19-93 3. TUSTIN PRIDE COMMITTEE UPDATE Erin Nielsen, Tustin Pride Committee representative, gave a progress report on recent activities of the Tustin Pride Committee (formerly Beautification Committee) and requested continued Council support and community participation. She stated the next Tustin Pride Committee meeting would be held May 18, 1993, 6:00 p.m., at the Tustin Area Senior Center. 4. GRAFFITI TASK FORCE UPDATE Ken Royal, Tustin Pride Committee representative, gave a brief background report on the Graffiti Task Force, stated the first meeting would be held May 4, 1993, 6:00 p.m., at the Tustin Area Senior Center, and requested volunteers. Mayor Pontious noted a recent volunteer clean-up at Pioneer Park sponsored by the Points of Light Foundation, commended all who participated, and encouraged volunteer community involvement. 5. FINANCIAL AID - FOOTHILL HIGH SCHOOL GRAD NITE John Rutledge, Foothill High School Grad Nite Committee representative, requested City financial assistance for the 1993 Foothill High School Grad Nite. Mayor Pontious requested this item be agendized at the May 3, 1993 Council meeting. VII. CONSENT CALENDAR Mayor Pro Tem Potts noted that Items No. 1 and 2 would be approved with typographical/format corrections. Items No. 7 and 15 were removed from the Consent Calendar by Councilmembers Thomas and Saltarelli. It was moved by Potts. seconded by Saltarelli, to approve the remainder of the Consent Calendar, as recommended by staff. Motion carried 4-0, Puckett absent. 1. APPROVAL OF MINUTES - APRIL 5, 1993 REGULAR MEETING Recommendation: Approve the City Council Minutes of April 5, 1993, as corrected. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,132,003.93 and ratify Payroll in the amount of $301,845.29, as corrected. 3. RESOLUTION NO. 93-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING IAT LINE ADJUSTMENT NO. 93-2 Recommendation: Adopt Resolution No. 93-40 approving Lot Line Adjustment No. 93-2 as recommended by the Public Works Department/ Engineering Division. CITY COUNCIL MINUTES Page 4, 4-19-93 4. AWARD OF CONTRACT FOR CONSULTING SERVICES - WATER MAINS ON NEWPORT AND WARREN AVENUES Recommendation: Authorize the Mayor to execute a professional services agreement with the firm of Barrett Consulting Group, 1322 Bell Avenue, Suite 1-A, Tustin, to prepare plans, specifications, and provide geotechnical, topographic and surveying work for subject project as recommended by the Public Works Department/Water Division. 5. RESOLUTION NO. 93-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FACILITY FUNDS UNDER SB 821 Recommendation: Adopt Resolution No. 93-39 approving the application for Bicycle and/or Pedestrian Facility Funds under SB 821 as recommended by the Public Works Department/Engineering Division. 6. CALTRANS TRAFFIC CONTRACT RENEWAL Recommendation: Approve the renewal of subject contract with the Department of Transportation for reimbursement of money spent for traffic control during the I-5 and SR -55 construction project as recommended by the Police Department. S. AWARD OF CONTRACT FOR JAMBOREE ROAD MEDIAN AND CUT SLOPE LANDSCAPE AND IRRIGATION IMPROVEMENTS Recommendation: Award subject contract to Tracy and Ryder Landscape, Inc., in the amount of $655,200.00 as recommended by the Public Works Department/Engineering Division. 9. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT ON HEWES AVENUE, MURIEL PLACE, MARELL CIRCLE, AND FOOTHILL BOULEVARD Recommendation: Award contract for subject project to Noriega Pipeline, Rancho Cucamonga, in the amount of $203,209.50 as recommended by the Public Works Department/Engineering Division. 10. AWARD OF CONTRACT FOR SIDEWALK, CURB AND GUTTER REPAIR PROJECT, 1992-93 FY, PHASE II Recommendation: Award a contract to Lambaren Contractors, Inc., E1 Toro, in the amount of $112,962.00. Currently, $131,000.00 is budgeted for the subject project and it is recommended that the difference in monies be used to add other repair locations at this contract's prices as recommended by the Public Works Department/ Engineering Division. 11. RESOLUTION NO. 93-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION TO THE NATIONAL HISTORIC PRESERVATION FUND SUBGRANT PROGRAM FOR CERTIFIED LOCAL GOVERNMENTS FOR A REHABILITATION PROGRAM FOR STRUCTURAL ENGINEERING DESIGN WORK RELATED TO SEISMIC RETROFITTING OF HISTORIC STRUCTURES AND STAFF TRAINING/EDUCATION Recommendation: Adopt Resolution No. 93-43 approving the CITY COUNCIL MINUTES Page 5, 4-19-93 following actions: (1) Approve the filing of an application to the Office of Historic Preservation for a Certified Local Government Grant to be used for seismic rehabilitation projects, training, and education; (2) Appoint the Assistant City Manager or her authorized representative as the agent of the City to coordinate, process, and execute all contracts, agreements, amendments, and ancillary documents within the scope of the application for the grant; and (3) Agree that all required local matching funds or in-kind services be provided by the City for the proposed project as recommended by the Community Development Department. 12. RESOLUTION NO. 93-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE STREET RECONSTRUCTION/REHABILITATION ON PROSPECT AVENUE FROM IRVINE BOULEVARD TO O.C.F.C.D. NORTH TUSTIN CHANNEL (F12) A FEDERALLY FUNDED PROJECT (DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION -15$) STPL-5271(002) (PROJECT NO. 700121) Recommendation: Adopt Resolution No. 93-41 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 13. AWARD OF CONTRACT FOR YORBA STREET AEFP PROJECT NO. 1294 Recommendation: Award subject contract to Hillcrest Contracting, Inc., in the amount of $148,350.00 as recommended by the Public Works Department/Engineering Division. 14. RESOLUTION NO. 93-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR WATER MAIN REPLACEMENT ON PROSPECT AVENUE FROM FAIRHAVEN AVENUE TO 400 FEET SOUTHEAST OF SANTA CLARA AVENUE, PROJECT NO. 600100 Recommendation: Adopt Resolution No. 93-42 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. CONSENT CALENDAR ITEM NO. 7 - GENERAL PLAN ANNUAL REPORT DECEMBER, 1992 Councilmember Thomas noted that the Regional Housing Needs Program (RHNA) very low/low housing statistics were not in compliance with Southern California Association of Governments (SCAG) requirements and questioned whether SCAG would enforce the housing requirements in the future. Christine Shingleton, Assistant City Manager, responded that due to recent State action, SCAG would no longer allocate RHNA requirements to cities and the 1994 obligations would be deferred until completion of the housing element. She noted the objectives were based upon available local, State, and Federal resources, but the Town Center and Redevelopment Agency projects would satisfy CITY COUNCIL MINUTES Page 6, 4-19-93 some of the very low/low housing objectives. Councilmember Thomas questioned if over -building in the moderate RHNA category would offset the very low/low categories. Christine Shingleton, Assistant City Manager, responded that the City had to report what was constructed and there was no compensation credit given. It was moved by Thomas, seconded by Potts, to receive and file subject report. Motion carried 4-0, Puckett absent. CONSENT CALENDAR ITEM NO. 15 - RESOLUTION NO. 93-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ENDORSING PROCEEDINGS TO FORM THE ORANGE COUNTY FIRE PROTECTION DISTRICT AND AGREEING TO PARTICIPATE IN ACTIVITIES THAT SUPPORT DISTRICT FORMATION Councilmember Saltarelli questioned whether the City would have a representative on the Fire Protection District Board of Directors during the three-year interim contract period; and what options were available at the end of the three-year contract period. William Huston, City Manager, responded that because the City was a cash contract city, it would not be represented on the Board of Directors during the interim period; however, if the City chose to become a full member of the Fire Protection District at the end of the interim period, it would be eligible for a Board seat. He noted that the Board of Directors would have limited seating on a rotational basis. Available options at the end of interim contract period included: cash contract, full membership, or structural fire fund city. It was moved by Saltarelli, seconded by Potts, to adopt Resolution No. 93-44 endorsing formation of the Orange County Fire Protection District and the filing of an application with the Local Agency Formation Commission for approval of the formation. Motion carried 4-0, Puckett absent. VIII. ORDINANCES FOR INTRODUCTION - None I%. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1105, ZONE CHANGE 92-003 It was moved by Potts, seconded by Thomas, that Ordinance No. 1105 have second reading by title only. Motion carried 4-0, Puckett absent. Following second reading by title only of Ordinance No. 1105 by the City Clerk, it was moved by Saltarelli. seconded by Thomas, to adopt the following Ordinance No. 1105: CITY COUNCIL MINUTES Page 7, 4-19-93 ORDINANCE NO. 1105 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 92-003, A REQUEST TO AUTHORIZE A ZONE CHANGE OF PROPERTY GENERALLY LOCATED AT THE SOUTHERLY SIDE OF EL CAMINO REAL APPROXIMATELY 450 FEET EAST OF NEWPORT AVENUE FROM CENTRAL COMMERCIAL (C-2) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT Motion carried 4-0, Puckett absent (roll call vote). 2. ORDINANCE NO. 1107, SAN DIEGO PIPELINE FRANCHISE It was moved by Potts, seconded by Thomas, that Ordinance No. 1107 have second reading by title only. Motion carried 4-0, Puckett absent. Following second reading by title only of Ordinance No. 1107 by the City Clerk, it was moved by Thomas, seconded by Saltarelli, to adopt the following Ordinance No. 1107: ORDINANCE NO. 1107 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING EXHIBIT "A" (DESCRIPTION OF PIPELINE ROUTE) OF ORDINANCE NO. 999 OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A FRANCHISE TO SAN DIEGO PIPELINE COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS OF THE CITY OF TUSTIN, CALIFORNIA Motion carried 4-0, Puckett absent (roll call vote). X. OLD BUSINESS - None XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - APRIL 12, 1993 It was moved by Potts, seconded by Saltarelli, to ratify the Planning Commission Action Agenda of April 12, 1993. Motion carried 4-0, Puckett absent. 2. SPORTS PARR MASTER PLAN UPDATE It was moved by Potts, seconded by Saltarelli, to receive and file subject report. Motion carried 4-0, Puckett absent. XII. NEW BUSINESS 1. SELECTION OF MAYOR AND MAYOR PRO TEM Councilmember Saltarelli nominated Mayor Pro Tem Potts as Mayor. There were no other nominations and Mayor Pro Tem Potts was unanimously selected as Mayor. CITY COUNCIL MINUTES Page 8, 4-19-93 Mayor Potts presented a plaque to Councilmember Pontious in recognition of her term as Mayor from April 21, 1992 to April 19, 1993. Mayor Potts nominated Councilmember Saltarelli as Mayor Pro Tem. There were no other nominations and Councilmember Saltarelli was unanimously selected as Mayor Pro Tem. %III. PUBLIC INPUT - None SIV. OTHER BUSINESS 1. SALTARELLI18 COMMENDATIONS Mayor Pro Tem Saltarelli thanked Council and Mayor Potts for their support during the past year; noted progress gained under Councilmember Pontious' leadership; introduced and commended his parents; and congratulated Mayor Potts. 2. MAYORAL TERM ACCOMPLISHMENTS Councilmember Pontious reflected on the year she served as Mayor and noted development of new programs: Memorandum of Understanding with the school district on youth issues; Base Closure Committee; Economic Development Council; Tustin Pride Committee; Tiller Days Committee; Tustin Community Foundation; and encouraged citizen participation in City events and activities. 3. MARINE CORPS AIR STATION - TUSTIN REUSE PLANNING WORKSHOP Councilmember Pontious reported a Marine Corps Air Station, Tustin Reuse Planning Community workshop would be held on April 24, 1993, to explore the base's conversion to civilian use, and encouraged community attendance. 4. COMMUTER RAIL STATION JOINT MEETING Councilmember Pontious reported Cities of Tustin and Irvine joint meeting on the commuter rail station would be held on April 21, 1993, and encouraged citizen participation. S. SOUTH COUNTY CITIES MEETING - MARINE CORPS AIR STATIONo EL TORO Councilmember Thomas reported South County cities would meet on April 21, 1993, regarding closure of Marine Corps Air Station, E1 Toro, and the meeting was open to the public. 6. CONGRATULATIONS - FORMER MAYOR, MAYOR AND MAYOR PRO TEM Councilmember Thomas congratulated former Mayor Pontious, and newly selected Mayor Potts and Mayor Pro Tem Saltarelli. CITY COUNCIL MINUTES Page 9, 4-19-93 7. MAYOR'S RECEPTION Mayor Potts thanked everyone for attending and participating in the Mayor's Reception. S. ORANGE COUNTY RESERVE POLICE OFFICER OF THE YEAR Mayor Potts noted Rick Thompson, Orange County Reserve Police Officer of the Year, was in attendance. 9. REVERE HOUSE RESTAURANT Mayor Potts reported Mr. Doyle, the new owner of the Revere House restaurant, was elated over the soon-to-be opened First Street and encouraged everyone to patronize the restaurant. 10. POTTSI APPRECIATION OF SUPPORT Mayor Potts thanked and extended appreciation to his parents, wife, sons, and community for their support. XV. CLOSED SESSION - None ZVI. ADJOURNMENT Mayor Potts adjourned the meeting at 7:45 p.m. The next regular meeting of the City Council was scheduled for Monday, May 3, 1993, 7:00 p.m., at the Tustin Area Senior Center. JIM POTTS, MAYOR MARY E. WYNN, CITY CLERK