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HomeMy WebLinkAboutCC MINUTES 1994 09 19MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA SEPTEMBER 19, 1994 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:02 p.m. at the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Mayor Pro Tem Potts. The Invocation was given by Councilmember Worley. TROLL CALL I, -Council Present: Council Absent: City Clerk: Others Present: i PROCLAMATION Thomas R. Saltarelli, Mayor Jim Potts, Mayor Pro Tem Mike Doyle Jeffery M. Thomas Tracy A. Worley None Mary E. Wynn William A. Huston, City Manager Lois Jeffrey, Interim City Attorney W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Robert Ruhl, Field Services Manager Susan Jones, Recreation Superintendent Valerie Crabill, Chief Deputy City Clerk Rita Westfield, Asst. Dir./Com. Development Dana Kasdan, Engineering Services Manager Rick Brown, Building Official Bettie Correa, Senior Personnel Analyst Dan Fox, Senior Planner Dana Ogdon, Senior Planner Doug Anderson, Transportation Engineer Kathy Beal, Code Enforcement Officer Katie Pitcher, Administrative Assistant Approximately 30 in the audience CODE ENFORCEMENT WEER, SEPTEMBER 24-30 Mayor Saltarelli read and presented a proclamation to Kathy Beal, City of Tustin Code Enforcement Officer, proclaiming September 24- 30, 1994, as Code Enforcement Week. Kathy Beal thanked the Council for the recognition and stated that Code Enforcement was a new profession with approximately 1,000 Code Enforcement Officers throughout the State. She noted the diversity of her 1993 case load of approximately 2,300 cases from chasing roosters to coordinating hazardous waste clean-up. PRESENTATION BUSINESS ENVIRONMENTAL AWARD Mayor Saltarelli stated the Business Environmental Award was a quarterly award program co-sponsored by Great Western Reclamation developed to increase corporate interest and awareness in waste management and environmental programs, encouraged businesses to maximize diversion and recycling of waste, and to promote source reduction and reuse opportunities. He noted that this quarter's award category was "Reduce" applicable to businesses that continually commit to the reduction of waste generation at the source. Four Tustin businesses submitted applications and were evaluated by a committee consisting of Tustin Pride Committee, Chamber of Commerce, Great Western Reclamation and Public Works Department representatives. He announced that the committee selected Ricoh Electronics as the first recipient of the Business Environmental Award. Bob Coyle, Great Western Reclamation representative, presented the Business Environmental Award to Mr. Baba and Ms. Cunningham, Ricoh Electronics representatives. CITY COUNCIL MINUTES Page 2, 9-19-94 Ms. Cunningham thanked the City and Great Western Reclamation for the award. PUBLIC INPUT CANDIDATE BOOTHS AT TILLER DAYS Jon Soeder, 1611 Darsy Circle, Tustin, stated he was a candidate in the Tustin Unified School Board Election, and reported that he had been informed that political candidate booths would not be allowed at Tiller Days and he requested Council review the matter. Mayor Saltarelli stated that the City was not opposed to candidate booths at Tiller Days; however, since the event would be held on school district property, he suggested Mr. Soeder contact the Tustin Unified School District to obtain final approval. William Huston, City Manager, clarified that political booths at Tiller Days had not been addressed by the City Council; due to the family-oriented character of the event, the City considered political or controversial current -event booths at Tiller Days inappropriate; and noted that the City could not prohibit citizens' First Amendment rights on public property. PUBLIC HEARING (ITEM 1) 1. APPEAL OF LICENSE AND PERMIT BOARD DECISION DENYING NIGHT AND DAY A PRIVATE PATROL OPERATOR PERMIT Lois Jeffrey, Interim City Attorney, reported the License and Permit Board conducted four hearings on this matter and denied a private security patrol operation permit to Night and Day Security. She stated the Board's decision was based on evidence that included: the applicant, Ray Flores, and Candice Towing had devised a scheme to tow vehicles in violation of State law; and the applicant's willing and active participation in this scheme suggested that the applicant would not comply with the Tustin Municipal Code and State law in operating Night and Day Security Patrol. Mayor Saltarelli opened the Public Hearing at 7:23 p.m. The following member of the audience spoke in favor of appeal of License and Permit Board decision denying Night and Day a private patrol operator permit and denied his client, Ray Flores, had a relationship with Candice Towing: Michael Foster, applicant's attorney Council/speaker discussion followed regarding the applicant submitting additional supporting documentation to Council; Exhibit A had not been provided to the applicant during the License and Permit Board Hearing; continuing this item to allow the applicant time to review and respond to Exhibit A; and illegal towing incidents involving Candice Towing and Ray Flores Parking Control. It was moved by Thomas seconded by Worley, to continue this item to the October 3, 1994 Council meeting. Motion carried 5-0. 120-90 CONSENT CALENDAR (ITEMS 2 THROUGH 13) It was moved by Potts seconded by Thomas, to approve the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $862,034.85 and ratify Payroll in the amount of $306,305.78. 8600_]80 3. AWARD OF CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION AT JAMBOREE ROAD AND TUSTIN RANCH PLAZA Recommendation: Award the contract for subject project to Signal Maintenance Inc. in the amount of $85,522.00 as recommended by the CITY COUNCIL MINUTES Page 3, 9-19-94 Public Works Department/Engineering Division. 400-4f 4. RESOLUTION NO. 94-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR FISCAL YEAR 1995-96 TRANSIT CAPITAL IMPROVEMENT FUNDS Recommendation: Adopt Resolution No. 94-114 authorizing the City Engineer to submit an application to Caltrans for FY 1995-96 Transit Capital Improvement program funds as recommended by the Public Works Department/Engineering Division. 690-50 5. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 12, 1994 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of September 12, 1994. 120-50 6. RESOLUTION NO. 94-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT APPLICATION AND APPROVAL OF AGREEMENT WITH ORICOM Recommendation: (1) Adopt Resolution No. 94-113 approving an application for State grant funds to design and implement a Household Hazardous Waste Program and (2) Authorize the Mayor and City Clerk to execute an agreement with ORICOM to develop and manage a household hazardous waste program at a cost not -to -exceed $120,000.00 as recommended by the Public Works Department/Engineering Division. 400-10 7. APPOINTMENT OF NEW MEMBER FOR TUSTIN PUBLIC INFORMATION, INC. Recommendation: Appoint Christine Carpenter, Recreation Coordinator, as a Board member of Tustin Public Information, Inc. as recommended by the Community Services Department. 125-55 ,,.,.8. TUSTIN RANCH FIREBREAK IMPROVEMENTS Recommendation: Receive and file subject report as recommended by the Community Development Department. 260-70 9. REJECTION OF CLAIM NOS. 94-33 AND 94-34 - CLAIMANTS, PAUL AND CHARLOTTE POUND; DATE OF LOSS, 2/28/94; DATE FILED WITH CITY, 8/15/94 Recommendation: Reject subject claims for personal injury damages of an undetermined amount as recommended by the City Attorney. 10. REQUEST FOR CITY COUNCIL APPROVAL OF AGREEMENTS WITH MOTOROLA TO10 PURCHASE HARDWARE AND SOFTWARE FOR THE 800 MHz SYSTEM Lois Jeffrey, Interim City Attorney, noted there was on-going discussion with Motorola regarding equipment installation costs. Recommendation: Approve subject agreements with Motorola, subject to modifications approved by the City's negotiating team, and authorize execution by the Mayor as recommended by the City Attorney. 400-10 11. TUSTIN SPORTS PARK AMENDMENTS TO CONSULTING SERVICES AGREEMENT WITH ANTHONY & LANGFORD ARCHITECTS Recommendation: Approve the following amendments to the consulting services agreement with Anthony & Langford Architects: (1) Reimbursement for soils engineer, $4,853.80; (2) Irrigation Pump System revision, $3,180.41; and Roller Hockey Study, $2,566.43 as recommended by the Community Development Department. 12. APPROVAL OF MINUTES - SEPTEMBER 6, 1994 REGULAR MEETING 400-10 Recommendation: Approve the City Council Minutes of September 6, 1994. 13. GRADING AND STORM DRAIN AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT FOR TUSTIN SPORTS PARK Recommendation: Approve the Grading and Storm Drain Agreement and License between the City of Tustin and Tustin Unified School District for the Tustin Sports Park as recommended by the Community Services Department. 400-10 CITY COUNCIL MINUTES Page 4, 9-19-94 REGULAR BUSINESS (ITEMS 14 THROUGH 16) 14. OPTIONS FOR CHANGING 1996 MUNICIPAL ELECTION DATE Valerie Crabill, Chief Deputy City Clerk, reported that at Council direction, staff provided election date options and costs for holding the 1996 General Municipal Election. She noted five election date options for consolidated and "stand alone" City elections, advantages and disadvantages of each option and their costs. She said operational issues related to conducting an election two weeks after the County election could result in voter confusion and lack of available election resources/ services to the City related to polling sites, precinct workers, and absentee ballots. The following member of the audience spoke on election costs; and the lack of supporting facts for operational'ssues: Berklee Maughan, Tustin Councilmember Thomas stated that the report was researched by staff knowledgeable in election procedures and the best source in obtaining necessary information. He said that moving the City election to March would shorten Councilmembers' terms by two weeks, but would increase voter turnout. He was concerned that holding the City's election in April and the Primary election in March would create voter confusion and inconvenience. He stated that he was in favor of changing the City's Municipal Election to March in 1996, and if the State moved the primary back to June, the City's election could revert to April. Mayor Pro Tem Potts agreed that holding elections two weeks apart would create voter confusion; but, he believed that this issue should be placed on the General Election ballot to allow the voters to decide. He noted his concern with consolidating the City election with the November General Election because of candidates' costs; consolidating with the Primary Election in March was a good compromise; and said incumbents were at an advantage running in a March election. Council/staff discussion followed regarding the election date options. Councilmember Worley stated she was not opposed to the City Municipal Election being held as a "stand alone" election, but was opposed to the Primary and City Elections being held within two weeks of each other. She noted the potential for voter confusion, increased candidates' costs, and the election operational issues. She said she was in favor of consolidating the City's Municipal Election with the State Primary Election with a stipulation that the City revert to April if the State moved the Primary back to June. She said consolidation would be in the best interest of the City and would increase voter turnout. Councilmember Doyle said he was opposed to changing the City's Municipal Election at the whim of the State and supported maintaining the City's April "stand alone" date. Councilmember Thomas stated the State was attempting to consolidate the Primary Election to "Super Tuesday" with the rest of the country. He explained that if the State chose to change the Primary Election date after 1996, the election would revert to June. The following member of the audience spoke in opposition to moving the election date: Alex Carrassi Mayor Saltarelli said it would be more expensive for candidates to run for office if the City election date was changed to March; voters would be inconvenienced voting in elections two weeks apart; and he noted that the 1996 City election would be held CITY COUNCIL MINUTES Page 5, 9-19-94 15. 16. during Easter week and many residents would be on vacation. It was moved by Thomas seconded by Worlev, to direct staff to prepare an ordinance changing the City Municipal Election from April 9, 1996 to March 26, 1996 and include that if the State Primary Election was changed back to June, the City Municipal Election would revert to April. Motion carried 4-1, Doyle opposed. 450-50 ORDINANCE 1136, SOLICITATION WITHIN THE PUBLIC RIGHT-OF-WAY AND PRIVATE COMMERCIAL PARKING AREAS Lois Jeffrey, Interim City Attorney, reported that staff had been directed by Council to model the City ordinance after the City of Agoura Hills which incorporated regulating solicitation in private commercial parking areas as well as the public right-of-way. Council/staff discussion followed regarding costs charged to the City by the City Attorney's office regarding research on this ordinance. It was moved by Potts seconded by Thomas, that Ordinance No. 1136 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1136 by the City Clerk, it was _moved by Potts, seconded by Thomas, that the following Ordinance No. 1136 be introduced: ORDINANCE NO. 1136 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO SOLICITATION IN THE PUBLIC RIGHT-OF-WAY AND PRIVATE COMMERCIAL PARKING AREAS Motion carried 5-0. 390-35 APPEAL OF SIGN CODE EXCEPTION 94-003 (APPLICANT: MR. WILLIAM TAYLOR, TAYLOR'S RESTAURANT) It was moved by Potts seconded by Worley, to adopt the following Resolution No. 94-111: RESOLUTION NO. 94-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SIGN CODE EXCEPTION 94-003 PERMITTING AN EXCEPTION FROM TUSTIN CITY CODE SECTION 9403HD REQUIRING SUPPLEMENTAL SIGNAGE TO BE SUBORDINATE TO BUSINESS IDENTIFICATION, AND TO ALLOW SUPPLEMENTAL SIGNAGE TO EXCEED 25 PERCENT OF THE ALLOWABLE SIGN AREA FOR A COPY CHANGE TO THE EXISTING NON -CONFORMING ROOF SIGN LOCATED AT 1542 EL CAMINO REAL Motion carried 5-0. PUBLIC INPUT - None OTHER BUSINESS COMMENDATION - CITY MANAGER/ASSISTANT CITY MANAGER Councilmember Doyle commended William Huston, City Manager, and Christine Shingleton, Assistant City Manager, for resolving a problem between a citizen and the Resolution Trust Corporation regarding building improvements at Newport and Irvine Boulevards. ROLLER HOCKEY STUDY COST Mayor Pro Tem Potts expressed concern with the $2,566.00 cost for the roller hockey study. William Huston, City Manager, clarified that the study, also included the site analysis for Columbus Tustin Park. COLUMBUS TUSTIN GYMNASIUM/TUSTIN SPORTS PARK PROJECTED REVENUES AND EXPENDITURES Mayor Pro Tem Potts requested a report for the joint meeting with CITY COUNCIL MINUTES Page 6, 9-19-94 the Parks and Recreation Commission on October 3, 1994, depicting projected revenues and expenditures for Columbus Tustin Gymnasium and the Tustin Sports Park. COMMENDATION - BERRLEE 14AUGHAN Mayor Pro Tem Potts commended Berklee Maughan on his presentation regarding changing the Municipal Election dates. CREDIT CARD RECEIPTS REVIEW Mayor Pro Tem Potts stated he would be reviewing City credit card receipts. CITY OF IRVINE CAMPAIGN CONTRIBUTION ORDINANCE Mayor Pro 'Tem Potts suggested the City of Irvine's ordinance limiting campaign contributions be used as a model for the City's ordinance. INFORMATION PAMPHLET RACK - CITY HALL Councilmember Thomas suggested that a rack be installed in the City Hall lobby or reception area to hold informational pamphlets for residents. LISA THOMAS IN GOOD HEALTH Councilmember Thomas noted that his wife was in good health and he appreciated calls of concern. TOWN HALL MEETINGS Councilmember Thomas suggested conducting Town Hall meetings on an annual basis. AUDIT AND INVESTMENT POLICY AWARDS Councilmember Worley commended the Finance Department on receiving the annual Audit and Investment Policy awards. BALLOON FESTIVAL Councilmember Worley and Mayor Saltarelli encouraged residents to attend the Balloon Festival on September 23-25, and wished non- profit groups success in fund raising efforts. REDEVELOPMENT QUARTERLY MAGAZINE FEATURE Mayor Sawarelli noted Christine Shingleton, Assistant City featured in a keynote article on base closures Manager, sin the Redevelopment Journal magazine. CLOSED SESSION Mayor Saltarelli announced the City Council would convene in closed session to consider: (1) personnel matters pursuant to Government Code Section 54957. Title of the position being discussed was custodian; and (2) a significant exposure to litigation final documents would bernment reported in Section 54956.9(b). Action taken and accordance with the Brown Act. ADJOURNMENT Mayor Saltarelli adjourned the meeting at 8:27 p.m. The City Council had scheduled a joint meeting with the Parks and Recreation Commission on October 3, 1994, at 5:30 p.m. in the Council Chambers; and the next regular meeting of the City Council was scheduled for Monday, October 3, 1994, at 7:00 p.m. in the Council Chambers at 300 C tennia Way. THOMAS R. SA ARELLI, MAYOR MARY E. YNN, CIVCLERK