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HomeMy WebLinkAboutCC MINUTES 1994 03 07MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 71 1994 CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION 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 Puckett and the Invocation was given by Councilmember Thomas. ROLL CALL Council Present: Jim Potts, Mayor Thomas R. Saltarelli, Mayor Pro Tem Leslie Anne Pontious Charles E. Puckett 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 Robert Ruhl, Field Services Manager Valerie Whiteman, Chief Deputy City Clerk Dana Kasdan, Engineering Services Manager Richard Zimmer, Redevelopment Program Manager Dan Fox, Senior Planner Bettie Correa, Senior Personnel Analyst Gary Veeh, Water Operations Manager Doug Anderson, Transportation Engineer Gary Magill, Recreation Supervisor ,,... Approximately 30 in the audience PROCLAMATIONS A. TUSTIN TILLER DAYS BLUE RIBBON COMMITTEE Mayor Potts read and presented proclamations to the Tustin Tiller Days Blue Ribbon Committee members, Linda Andrews, Don Biery, Cherrill Cady, Cathy Cecala, Charly Kimm, Todd Ferguson, and Margarete Thompson, for their efforts in developing planning guidelines for future Tustin Tiller Days festivities. Cathy Cecala thanked the Council and past Tustin Tiller Days Committee members for their support and contributions to the Tiller Days event. PROCLAMATION REQUEST Mayor Potts requested a proclamation for Todd Ferguson who was honored with his students for winning first place in the National Engineers Week Future City Contest at the National Academy of Engineering in Washington D.C. Council concurred. Councilmember Puckett noted a recent Los Angeles Times newspaper article regarding Todd Ferguson and his students' attendance at the National Academy of Engineering contest; and commended all the people who commit their time for the benefit of the community. B. RUBY MAY, FORMER SENIOR ADVISORY BOARD MEMBER Mayor Potts read and presented a proclamation to Ruby May, former Senior Advisory Board Member, recognizing her work for the Tustin Area Senior Center. _j Ruby May thanked the Council for the proclamation. C. RED CROSS MONTH Mayor Potts noted that March was proclaimed Red Cross Month. CITY COUNCIL MINUTES Page 2, 3-7-94 PUBLIC INPUT A. RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 14 Matt Nisson, 14462 Red Hill Avenue, Tustin, spoke in favor of the proposed Red Hill Avenue Underground Utility District No. 14 and requested Council reconsider formation of the district. Jim Rems, 14232 Red Hill Avenue, Tustin, spoke in favor of the proposed Red Hill Avenue Underground Utility District No. 14 based — on safety factors.. CONSENT CALENDAR (ITEMS 1 THROUGH 16) Consent Calendar Item No. 11 was removed from the Consent Calendar by Mayor Potts. It was moved by Pontious seconded by Puckett, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - FEBRUARY 22, 1994 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 22, 1994. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $2,526,390.15 and ratify Payroll in the amount of $313,372.02. 380-10 360-82 3. 1993-94 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT QUARTERLY UPDATE Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 730-90 4. AWARD OF CONTRACT FOR SIDEWALK, CURB AND GUTTER, AND INTERLOCKING PAVER REPAIR PROJECT, FY 1993-94 Recommendation: Award a contract to Lambaren Contractors, Inc. in the amount of $173,997.50 as recommended by the Public Works Department/Engineering Division. 400-45 5. INFORMATION REGARDING ANTI -SCAVENGING ORDINANCES Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 830-05 6. FOLLOW-UP TO CITY COUNCIL ACTION REGARDING TRAFFIC STUDY AT THE INTERSECTION OF EL CAMINO REAL AND ORANGE STREET Recommendation: Receive and file subject report as recommended by the Public Works Department/Engineering Division. 760-70 7. AWARD OF CONTRACT FOR ANNUAL PAVEMENT MARKING AND STRIPING PROGRAM Recommendation: Award a contract for the City's Annual Pavement Marking and Striping Program to J & 5 Sign Company, Inc. in the amount of $106,295.00 as recommended by the Public Works Department/Engineering Division. 400-45 S. REJECTION OF CLAIM NO. 94-4 - CLAIMANT, HELEN LINDGREN; DATE OF LOSS, 7/21/93; DATE FILED WITH CITY, 1/19/94 Recommendation: Reject subject claim for general damages in the amount of $250,000.00 and special damages of an undetermined amount as recommended by the City Attorney. 180-10 9. RESOLUTION NO. 94-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING CLAIMS PROCEDURES Recommendation: Adopt Resolution No. 94-33 establishing claims procedures as recommended by the City Attorney. 180-10 10. TUSTIN RANCH ELEMENTARY SCHOOL UPDATE Recommendation: Receive and file subject report as recommended by the Community Services Department. 1010-40 12. RESOLUTION NO. 94-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 94-1 Recommendation: Adopt Resolution No. 94-32 approving Lot Line Adjustment No. 94-1 as recommended by the Public Works Department/Engineering Division. 600-35 13. AWARD OF CONTRACT - FOURTH OF JULY FIREWORKS Recommendation: Award contract for pyro-musical show to Lanti, CITY COUNCIL MINUTES Page 3, 3-7-94 Fireworks in the amount of $9,000.00; and appropriate an additional $1,000.00 for the 1994 Fourth of July Celebration as recommended by the Community Services Department. 400-10 14. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 28, 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 February 28, 1994. 120-50 15. AWARD OF GRAFFITI REWARD Recommendation: Award a $250.00 reward out of non -departmental funds to three anonymous witnesses for their actions leading to the issuance of citations to and conviction of a graffiti vandal as recommended by the Community Development Department. 900-40 16. TUSTIN SPORTS PARR MATERIALS AND SOILS INSPECTION AND TESTING Recommendation: Approve a professional services agreement for materials and soils inspection and testing for the Tustin Sports Park with Universal Laboratories, Inc. of Orange as recommended by the Community Services and Community Development Departments. gob -,o 930-30 CONSENT CALENDAR NO. 11 - COLUMBUS TUSTIN GYMNASIUM GAS MAIN EXTENSION It was moved by Thomas seconded by Saltarelli, to agendize this item at the March 21, 1994 Redevelopment Agency meeting. Motion carried 5-0. 920-20 REGULAR BUSINESS (ITEMS 17 THROUGH 22) 17. UPDATE ON POSTAL SERVICE REGULATIONS FOR MAILBOXES Dan Fox, Senior Planner, reported that during review of the patio home developments, Council expressed concern with the location and type of mailboxes in new single family developments in Tustin Ranch. At the August 16, 1993 meeting, Tustin Postmaster Robert Boone advised Council that mailbox location, groupings, and service delivery routes were policy decisions made by the local postmaster, and that customer needs and efficiency of delivery were factors determining mail delivery service. Subsequently, Council received information contradicting the postmaster's position and staff requested clarification on the matter. Postmaster Boone responded by letter that Council could establish a policy requiring developers of single-family homes to install single or double box mailbox posts behind the curb; noted increased incidents of theft and vandalism from non-locking rural boxes; and centralized locked boxes provided security and minimized vandalism. Mr. Fox summarized options for design and location of mailboxes including: maintain existing policy or prepare a mailbox draft policy for Planning Commission review to differentiate between single family developments, patio homes, detached dwellings, and attached developments for location and number of boxes per post. He noted that the postmaster indicated that existing developments could not be retrofited for curbside mail service. Mayor Pro Tem Saltarelli stated he was pleased that Postmaster P.M" Boone recently acknowledged there was a problem with non-locking mailbox theft and vandalism in the Tustin Ranch area; favored allowing existing developments to install locking/curbside mailboxes; supported Planning Commission review of draft mailbox policy; and providing locked mailboxes to insure mail security. The following member of the audience spoke in favor of replacing existing deteriorated cluster mailboxes in the Monterey development with locking mailboxes or door -to door -service: Darla Bova, Monterey Homeowners Association Mayor Potts requested staff conduct further research on this matter because of conflicting statements made by the postmaster; and requested a legal opinion from the City Attorney regarding changing the mailboxes and/or mail service for existing developments. CITY COUNCIL MINUTES Page 4, 3-7-94 Councilmember Thomas agreed with Mayor Potts and requested review of this matter by the Planning Commission and City Attorney. Councilmember Pontious stated that it was important to establish mailbox/mail delivery guidelines for the future and was hopeful that existing mail problems in the Tustin Ranch area would be rectified. It was moved by Saltarelli seconded by Puckett, to approve Option No. 2, prepare a draft policy for Planning Commission recommendation; and City Attorney render a legal opinion regarding changing mailboxes/mail service for existing developments. Motion carried 5-0. 150-40 18. PARTICIPATION IN EL TORO REUSE PLANNING AUTHORITY It was moved by Puckett, seconded by Pontious, to appoint Councilmember Thomas to the E1 Toro Reuse Planning Authority. 150-40 Motion carried 4-1, Potts opposed. 19. AWARD OF SEVENTEENTH STREET DESALTER CONSTRUCTION CONTRACT Gary Veeh, Water Operations Manager, reported that on February 10, 1994, Orange County Water District (OCWD) opened bids for the Seventeenth Street desalter construction contract. The low bid was made by Ray Wilson Company in the amount of $4,168,000.00, $930,000.00 below the engineer's estimate. He summarized the project's expenses including: annual operating and maintenance costs; annual lease payment to OCWD; cost to purchase water if the desalter plant was not constructed; and Metropolitan Water District funding. He noted the benefits to the City's water supply by building the desalter plant. It was moved by Pontious seconded by Thomas, to approve award of Seventeenth Street Desalter construction contract by the Orange County Water District. Motion carried 5-0. 400= 20. AWARD OF CONTRACT - COMMUNITY SERVICES BROCHURE Gary Magill, Recreation Supervisor, reported in November 1993, staff issued Request for Proposals for production of the Tustin Today, the Community Services Department brochure. Shorco Publishing, Inc. Is proposal would offset publishing costs with advertising revenue; the City's cost would be dependent upon the amount of advertising sold for each brochure; and the maximum cost to the City would not exceed $2,800.00 per brochure. It was moved by Puckett, seconded by Thomas, to approve Alternative I: Accept the bid proposal from Shorco to layout, print, deliver and sell advertising for the brochure beginning with the Summer 1994 issue; contract for a period of one year and then reissue the Request for Proposal. Motion carried 5-0. 400-10 21. REQUEST OF THE CITY OF PACIFICA THAT TUSTIN JOIN IN AN AMICI CURIAE BRIEF James Rourke, City Attorney, reported the City of Pacifica requested the City join as a "friend of the court" (amicus curiae) in support of Pacifica's position that a police officer did not have a duty to insure the safety of persons in a vehicle ordered to leave a City park after curfew. The League of California Cities Legal Advocacy Committee recommended that cities join the brief. It was moved by Thomas. seconded by Pontious, that the City of Tustin join the amici curiae brief. Motion carried 5-0. 270-05 CITY COUNCIL MINUTES Page 5, 3-7-94 22. REDUCED DISCRETIONARY APPLICATION FEES Rita Westfield, Assistant Director of Community Development, reported staff investigated the feasibility of reducing application fees for routine projects requiring minimum staff time and no real land use or compatibility issues, such as conditional use permits, design reviews, and variances. She stated staff recommended amending the application fee schedule to include: a subcategory under Minor Conditional Use Permits (CUPS) titled Minor CUPS (existing development); subcategory under CUP, Design Review, Subdivision and Variance actions titled Amendment to Conditions of Approval; and a subcategory under CUPS, Variances, Sign Reviews and Subdivisions titled Time Extensions. She stated that the proposed fee reductions would not necessitate code amendments because the zoning code did not reference exact fee amounts. She explained that the Planning Commission had reviewed a draft ordinance amending the City Code regarding establishment - of the types of Minor Adjustments, Conditional Use Permits, and Specified Development applications that would be reviewed by the Zoning Administrator. Mayor Pro Tem Saltarelli stated the importance of strictly refining the Zoning Administrator's approval guidelines to allow objective application review and therefore removing any discretionary opinion. Council/staff discussion followed regarding required staff time for application review; Orange County cities' use of Zoning Administrators; and advantages of utilizing a Zoning Administrator. Christine Shingleton, Assistant City Manager, clarified that upon Council approval, staff would agendize a Public Hearing for setting the amended application fees. It was moved by Potts seconded by Thomas, to authorize reduced -discretionary application fees as recommended. Motion carried 5-0. PUBLIC INPUT A. CITIZEN ARREST POLICY - VAGRANTS 390-45 Jim Rems, 14232 Red Hill Avenue, Tustin, reported on a meeting with Police Chief Franks regarding a vagrant problem on his property, and expressed displeasure with the policy requiring citizen arrest for trespassing. Mayor Potts explained the California Penal Code section regarding trespassing. OTHER BUSINESS A. RED HILL AVENUE UNDERGROUND UTILITY DISTRICT NO. 14 Councilmember Puckett, noting Mr. Nisson's remarks favoring Red Hill Avenue Underground Utility District No. 14, reiterated his desire that the project not be placed at the end of the priority list due to the importance of the Southwest area. B. STREET VENDORS Councilmember Pontious requested staff investigate a letter from Conroy's Flowers regarding street vendors. C. VOLUNTEER DAY - APRIL 23, 1994 Councilmember Pontious reported, as a member of the Volunteer Connection Leadership Council, that April 23, 1994 was "Volunteer Day" and encouraged residents to increase their volunteer time to the community. CITY COUNCIL MINUTES Page 6, 3-7-94 D. COMMENDATION - TUSTIN UNIFIED SCHOOL DISTRICT Mayor Pro Tem Saltarelli commended the Tustin Unified School District Board of Education for negotiating the release of the high school site and that criticism of the school district's action in a local newspaper was due to lack of understanding of the Mello Roos concept. E. REWARD - BUSINESS LICENSE FEE PAYMENT Councilmember Thomas requested a staff report on rewarding businesses for payment of business license fees as suggested in a recent Tustin Weekly newspaper article. F. REVIEW OF CITY SPEED LIMITS Councilmember Thomas noted a recent Los Angeles Times newspaper article regarding speed traps in the City of Orange and questioned when the City examined their speed limits. William Huston, City Manager, responded that speed limits were examined on a regular basis and there was not a problem in the City similar to what had occurred in the City of Orange. G. FLOOD CONTROL CHANNEL IMPROVEMENTS Councilmember Puckett noted the Bryan and Browning Avenues area was no longer a potential flash flood zone due to City improvements of flood control channels in that area. H. PROCLAMATION - SEAN FAIR Councilmember Puckett requested a proclamation for Foothill High School Student, Sean Fair, for saving a man's life and property during a recent fire. Council concurred. I. CITIZEN COMMENDATION Mayor Potts commended Don LeJeune and Marilyn Lindgren for their contributions to Hewes Middle School Recycled Treasures Fair. CLOSED SESSION - None ADJOURNMENT Mayor Potts adjourned the meeting at 8:12 p.m. The next regular meeting of the City Council was scheduled for Monday, March 21, 1994, 7:00 p.m., at the Council Chambers, 300 Centennial Way. (� /11 -VI JIM OTTS,'-MAYOR MARY E. �XNrCI CLERK