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HomeMy WebLinkAboutCC 1 MINUTES 04-05-93CONSENT CALENDAR NO. 1 4-5-93 MINUTES REGULr__. MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 15, 1993 t. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Pontious at 7:03 p.m. at the Tustin Area Senior Center, 200 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Councilmember Thomas. 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 M. 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 Dana Kasdan, Engineering Services Manager Bettie Correa, Senior Personnel Analyst Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent_ Randy Westrick, Recreation Supervisor Valerie Whiteman, Chief Deputy City Clerk Approximately 50 in the audience IV. PROCLAMATIONS - TILLER DAYS COMMITTEE Mayor Pontious read and presented proclamations to members of the Tiller Days Fair and Parade Committees for volunteering their time and effort to insure successful Tiller Days events. V. PUBLIC HEARING - None VI. PUBLIC INPUT 1. 5 STAR RUBBISH SERVICE Hank Egigian, 5 Star Rubbish Service, commented on a 1991 memorandum written by James Rourke, City Attorney, regarding 5 Star Rubbish Service. 2. MASSAGE SERVICES - SALON SIGNATURES Lyn Ehrke, Salon Signatures representative, requested that the CITY COUNCIL MINUTES Page 2, 3-15-93 Planning Commission re-evaluate zoning restrictions and the definition of massage services (tension release therapy) offered at Salon Signatures, a full service beauty salon. Mayor Pontious requested that staff submit a report addressing this issue at the April 5, 1993 Council meeting. Christine Shingleton, Assistant City Manager, stated the City Code was all inclusive and the massage services referred to by the speaker would be included in current code prohibitions and limited to certain zoning districts. She said there was extensive background related to the massage ordinance and the City Attorney would assist staff in submitting alternatives that would address this specific service without permitting other massage services that the ordinance was meant to restrict. 3. PROHIBITION OF PICKETING/DEMONSTRATIONS AT PRIVATE Naomi Hardin, Tustin resident and Clinic Director of the Doctors Family Planning Medical Group, reported on Pro -Life Coalition demonstrations that had occurred at her residence and requested a City ordinance prohibiting demonstrations or picketing at private residences. Mayor Pro Tem Potts requested the City Attorney submit a report at the April 5, 1993 Council meeting. 4. CITY CONTRACTS Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin, questioned information received in a report from the City Manager regarding City contracts obtained through open bids, Requests for Proposals, or negotiations. Council/speaker/staff discussion followed regarding agendizing the report; clarifying "bullet" statements in the report; Co - Bond Counsel contracts; and public access to subject report. VII. CONSENT CALENDAR Items No. 8 and 11 were removed from the Consent Calendar by Mayor Pro Tem Potts and Councilmember Saltarelli. It was moved by Puckett seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - MARCH 1, 1993 REGULAR MEETING Recommendation: Approve City Council Minutes of March 1, 1993. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,759,470.82 and ratify Payroll in the amount of $335,906.18. CITY COUNCIL MINUTES Page 3, 3-15-93 OLUTION THE CITY COUNCIL THE 3. CITY OF TUSTIN, CALIFORNIA, APPROVING FF APPROVINGLOT LINE ADJUSTMENT 93-1 Recommendation: Adopt Resolution No. 93-24 approving Lot Line Adjustment No. 93-1 as recommended by the Public Works Department/Engineering Division. THE 4. CITY 9 ON FTHE CITY COUNCIL F CALIFORNIA, AMENDING THE CLASSIFICATION TYOFTUSTIN PLAN OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 93-25 which adds the position of Property and Evidence Technician to the City's Classification Plan by amending the Classification Plan adopted by Resolution No. 84-63 as recommended by the Administrative Services Department. 5. BOND EXONERATION - TRACT NO. 6380 Recommendation: Authorize the release the following Subdivision -Improvement Bonds of the indd icated amounts: Faithful Performance Bond No. 4SM163905, $20,550.00; OO;�and bor and Materials Bond No. 4SM163905, $10, Monumentation Bond No. 4SM163906, $1,000.00 as recommended by the Public Works Department/Engineering Division. HE 6. RESOLUTION NO. 9 ION FTHE T CALIFORNIA, ORDERING TERRITORY COUNCIL T DESIGNATED TYOFTUSTIN, AS ANNEXATION NO. 154 TO THE CITY OF TUSTIN (18582 17TH STREET) TO BE ANNEXED TO THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 93-23 ordering the territory known as Annexation No. 154 (18582 17th Street) to be annexed to the City of Tustin as recommended by the —__Community Development Department. SOLUTION OF THE ITY COUNCIL OF THE 7. RESOLUTION TUSTIN, CALIFORNIA, APPROVING PLANSC TYAND SPECIFICATIONS FOR SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, 1992-93 FISCAL YEAR AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 93-27 approving the plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. 9. REJECTION O% CLAIM NO. 93-07 WITH CLAIMANT, CITY2/16I93STEWART; DATE OF LOSS, Recommendation: Reject subject claim for property damage in the amount of $2,268.30 as recommended by the City Attorney. - 10. RESOLUTION NO. 93-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE SUBMITTAL OF THE SPECIFIED IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM Recommendation: Adopt Resolution No. 93-26 requesting the Orange County Transportation Authority to include an additional City Of Tustin project in the Fiscal Year 1993- CITY COUNCIL MINUTES Page 4, 3-15-93 94 Five -Year Combined Transportation Funding Programs as recommended by the Public Works Department/Engineering Division. CONSENT CALENDAR ITEM NO. S - RESOLUTION NO. 93-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE LEVY OF ANNUAL ASSESSMENTS FOR THE 1993-94 FISCAL YEAR FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT Mayor Pro Tem Potts questioned if the Lighting and Landscape District fees would increase this year. Robert Ledendecker, Director of Public Works, responded that the fee structure would be determined by the Engineer's Report; however, because of East Tustin development, the fees were anticipated to remain the same or decrease slightly. It was moved by Potts seconded by Thomas, to adopt Resolution No. 93-22 ordering the preparation of an Engineer's Report for the levy of annual assessments for the 1993-94 fiscal year for the Tustin Landscape and Lighting District. Motion carried 5-0. CONSENT CALENDAR NO. 11 - ASSET FORFEITURE FUND REQUESTS Councilmember Saltarelli expressed concern with lack of detailed identification of capital goods listed in the report and questioned the high dollar amount required for computer equipment. Douglas Franks, Chief •of-Pel-iee, -responded that while Hewlett- Packard computer equipment was more costly, it would successfully link with existing Hewlett-Packard systems at the Police Department; and noted the equipment durability and excellent maintenance service. Council/staff discussion followed regarding video -equipped patrol car test program; shotgun replacement and bid process; and riot shields/helmets. Mayor Pro Tem Potts requested a report in one week addressing the Police Department's civil unrest preparedness plan. Douglas Franks, Chief of Police, stated that he was the Chairman of the Riot Control Training Committee of Orange County and summarized that the committee's goal was to provide riot control training for each Orange County police department. He summarized Tustin's contingency plan including manpower; officer call back; mutual aid; and training. William Huston, City Manager, stated that staff would prepare a confidential report to Council addressing the Police Department's contingency plan in preparation for possible civil unrest. CITY COUNCIL MINUTES Page 5, 3-15-93 It was moved by Saltarelli, seconded by Puckett, to appropriate $175,700.00 from the Asset Forfeiture Trust Fund for purchase of equipment. Motion carried 5-0. VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1097, CODE AMENDMENT 92-005 (SMART SNR) It was moved by Puckett. seconded by Saltarelli, that Ordinance No. 1097 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1097 by the City Clerk, it was moved by Puckett, seconded by Thomas, to adopt the following Ordinance No. 1097: ORDINANCE NO. 1097 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 9 OF THE TUSTIN CITY CODE AND TWO PLANNED COMMUNITY DISTRICT REGULATIONS TO ALLOW CERTAIN ANTENNAS Motion carried 5-0 (roll call vote). X. OLD BUSINESS 1. SPORTS PARR MASTER PLAN AND DESIGN DEVELOPMENT REPORT ADOPTION - Susan Jones, Recreation Superintendent, reported that the Planning Commission, Parks and Recreation Commission, and staff recommended approval of the Sports Park Master Plan and Design Development Report. Council/staff discussion followed regarding the construction date and design development. It was moved by Thomas, seconded by Saltarelli, to adopt the Sports Park Master Plan and Design Development Report. Motion carried 5-0. XI. NEW BUSINESS 1. "A TREE GROWS IN TUSTIN" Randy Westrick, Recreation Supervisor, reported that the Parks and Recreation Commission recommended that the Council approve a new program called "A Tree Grows in Tustin." The proposed program would allow people to pay for planting trees in honor of loved ones or special events, in City parks, grounds, or streetscapes. He stated a plaque would be placed at City Hall listing all honorees and donors would receive a certificate CITY COUNCIL MINUTES Page 6, 3-15-93 listing the name in which the donation was made. Councilmember Puckett noted that the staff report indicated donors would not be informed of location or type of tree. He was opposed to that idea and requested that donors be informed of the exact location of "their" tree. Mayor Pro Tem Potts requested the program also include accepting donations of trees to City parks/trails. Mayor Pontious suggested that in lieu of knowing the exact location of a planted tree, that a general vicinity be indicated in the thank you letter accompanying the certificate. Councilmember Thomas stated he would be the first to donate to the program, and challenged his fellow Councilmembers to contribute. It was moved by Puckett seconded by Thomas, to approve "A Tree Grows in Tustin" as a Tustin Community Foundation program. Motion carried 5-0. %II. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - MARCH 8, 1993 It was moved by Thomas seconded by Saltarelli, to ratify the Planning Commission Action Agenda of March 8, 1993. Motion carried 5-0. 2. 1992-93 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT QUARTERLY UPDATE.(SECOND QUARTER) It was moved by Thomas seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. 3. FREEWAY CONSTRUCTION STATUS REPORT It was moved by Thomas seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. 4. INVESTMENT SCHEDULE AS OF JANUARY 30, 1993 It was moved by Thomas seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. CITY COUNCIL MINUTES Page 7, 3-15-93 %III. PUBLIC INPUT - None %IV. OTHER BUSINESS 1. ADJOURNMENT IN MEMORY OF JASON DURR, GEOFFREY WORLEY, AND HOWARD DALLIES Councilmember Saltarelli requested adjournment in memory of Jason Durr, the 14 year-old son of former residents Ed and Cathi Durr, who died suddenly the past weekend. Mayor Pro Tem Potts requested adjournment in memory of Geoffrey Worley, who died recently of cancer; and Howard Dallies, Garden Grove Police Officer, killed in the line of duty last week. 2. "FISCAL IMPACT" INCLUDED IN STAFF REPORTS Councilmember Thomas thanked staff for including "fiscal impact" portion in staff reports. 3. OPPOSITION OF CLOSURE - EL TORO MARINE CORPS AIR STATION Councilmember Thomas requested a, resolution opposing the closure of the E1 Toro Marine Corps Air Station. 4. TOWN HALL MEETING Councilmember Thomas suggested a date be set, following the selection of the Mayor, for the next Town Hall meeting. 5. GRAFFITI BLUE-RIBBON COMMITTEE Councilmember Puckett suggested formation of a blue-ribbon panel consisting of Councilmembers, Chamber of Commerce, Tustin Unified School District, and business and community representatives, to consolidate area expertise for combating graffiti. Council/staff discussion followed regarding committee composition. William Huston, City Manager, stated staff would present a staff report at the April 5, 1993 Council meeting; and noted that the City would assist in abatement of graffiti but that property owners were ultimately responsible for graffiti removal. Council discussion followed regarding including the blue- ribbon group as a subcommittee of the Beautification Committee. CITY COUNCIL MINUTES Page 8, 3-15-93 6. STATE SALES TAX PLAN IMPACT Mayor Pontious informed residents distribute sales tax on a per capita in City services that would occur, to write their State legislators. XV. CLOSED SESSION of the State's plan to basis, the serious loss and encouraged residents Mayor Pontious announced the City Council would recess to Closed Session 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, and the title of the litigation was Browndorf vs City of Tustin, Case Number 69-16-76. XVI. ADJOURNMENT Mayor Pontious adjourned the meeting at 8:03 p.m.__in_memoxy_of Howard Dallies, Jason Durr, and Geoffrey Worley. The next regular meeting of the City Council was scheduled for Monday, April 5, 1993, 7:00 p.m., at the Tustin Area Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK