HomeMy WebLinkAboutCC MINUTES 1992 09 21MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
SEPTEMBER 21, 1992
-1. CALL TO ORDER7PLEDGZ-07-1LZEQIANCE
The meeting was called to order by Mayor Pontious at 7:00 p.m. at
the Tustin Area Senior Center, 200 South "C" Street, Tustin,
California. The Pledge of Allegiance was led by Boy Scout Troop
#323.
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
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
Rick Brown, Building Official
Gary Veeh, Water Operations Manager
Doug Anderson, Transportation Engineer
Susan Jones, Recreation Superintendent
Irma Hernandez; Administrative Assistant
Valerie Whiteman, Chief Deputy City Clerk
Approximately 80 in the audience
IV. PROCLAMATIONS
1. TUSTIN BOBBY SOX ALL-STAR.NATIONAL CHAMPIONS
Mayor Pontious read and presented proclamations to the Tustin
Bobby Sox All-Star Team for winning the national championship.
Team members and coaching staff included: Bob Bauming, Jackie
Bauming, Shannon Boardman, Brook Brown, Jaime Clark, Alissa
Cunningham, Alanna Graham, Lark Hudson, Mark Hudson, Eryn
Manahan, Melinda Manahan, Mike Manahan, Janet Miklos, Jenny
Miklos, Steve Miklos, Cheri Nierman, Roger Nierman, Lisa
Schlueter, Lauren Schwendimann, and Henry Schwendimann.
A coaching staff representative thanked the Council for the
proclamations and said this team was the epitome of Tustin
Bobby Sox players.
2. COMMUNITY SERVICE RECOGNITION - GERRY AND DIANE AUST
Mayor Pontious read and presented a proclamation to Gerry and
Diane Aust honoring them as Tustin Citizens of the Month for
September 1992.
3. FORMER PLANNING COMMISSIONERS LEJEUNE AND KASPARIAN
Mayor Pontious read and presented proclamations for service
recognition to former Planning Commissioners Don LeJeune and
Casper Kasparian.
Casper Kasparian thanked the Council for the proclamation and
commended the Community Development staff.
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Page 2, 9-21-92
4. PORKER PARKS AND RECREATION CONKISSIONERS BIERY AND STRACKER
Mayor Pontious read and presented proclamations for service
recognition to former Parks and Recreation Commissioners Don
Biery and Bill Stracker.
Don Biery said he had enjoyed serving on the Parks and
Recreation Commission.
Bill Stracker thanked the Council for the proclamation and
encouraged everyone to support the upcoming Tiller Days.
V. PUBLIC HEARINGS
1. PROPOSED ACQUISITION OF RIGHT-OF-WAY FOR YORBA STREET
WIDENING, 125 AND 133 YORBA STREET
James Rourke, City Attorney, reported that an oral agreement
with the property owner had been reached that afternoon;
however, he requested Council adopt Resolution No. 92-112 to
initiate eminent domain proceedings should a final agreement
not be reached.
Mayor Pontious opened the Public Hearing at 7:20 p.m. There
were no speakers on the subject and the Public Hearing was
closed.
It was moved by Thomas. seconded by Potts,"to adopt the
following Resolution No. 92-112 initiating eminent domain
proceedings to acquire 1,216 square feet of right-of-way at
125 and 133 Yorba Street:
RESOLUTION NO. 92-112 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ACQUISITION
OF PROPERTY AND THE EXPENDING OF FUNDS, THEREFORE, IN THE
INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (A PORTION OF
ASSESSORS PARCEL NOS. AP401-521-12 AND AP -401-521-11 WOOD
PROPERTY)
2. RESOLUTION NO. 92-103 - KODIFYING CERTAIN FEES AND SERVICE
CHARGES FOR THE DEPARTMENTS OF LEGISLATION, ADMINISTRATION,
COMMUNITY DEVELOPMENT, PUBLIC WORKS, POLICE AND COMMUNITY
SERVICES
Ronald Nault, Director of Finance, reported that at Council
direction, staff had prepared revised fee schedules and
implemented service charges as needed to recover expenses.
Mayor Pro Tem Potts stated he opposed basing fees on the
Consumer Price Index with automatic annual adjustments without
Council review.
Mayor Pontious stated basing fee increases on the Consumer
Price Index could create odd dollar amounts and favored having
any fee adjustments reviewed by Council bi-annually or
annually.
Councilmember Puckett also favored annual fee review by
Council.
Council/staff discussion followed regarding Audit Committee
annual review of fees; definition of time -and -motion study;
and setting reasonable cost recovery for services rendered.
Councilmember Thomas was concerned with justifying the
increased fees and providing the same level of service; and
clarified the fees were not being increased due to budget
constraints.
Council/staff discussion followed regarding subsidizing
services; and the current modest fee amounts.
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Page 3, 9-21-92
William Huston, City Manager, clarified that other than the
new vehicle impound fee, most of the fee increases were
development related and the market confirmed that the City's
fees were generally lower than most cities.
Christine Shingleton, Assistant City Manager, added that the
majority of increased Community Development fees were in the
miscellaneous permit categories where time -and -motion studies
were conducted. Planning fee increases were based upon salary
increases during the past 5 years.
Councilmember Saltarelli stressed that these fees were for
recovering costs from users; was opposed to the General Fund
absorbing costs; and noted the City's hardship provision. He
said he supported the modification of fees and service charges
without the cost of living increase.
William Huston, City Manager, noted that included with the
adoption of the budget was a recommendation to review fees not
included in this resolution; and in conjunction with that
review, staff could also conduct a survey of other cities to
ensure that the major fees currently under discussion were at
the median.
Council/staff discussion followed regarding water billing late
charges and charging jail booking fees.
Council=ember Puckett stated that the City had charged low
fees for many years and due to loss of City revenue to balance
the State budget, he believed it was time the City re-examined
the fee schedule.
Mayor Pontious opened the Public Hearing at 7:45 p.m.
The following member of the audience spoke on the Police
Department vehicle impound fee:
Ray Maggi, 15851 Pasadena Avenue #B6, Tustin
There were no other speakers on the subject and the public
hearing was closed at 7:45 p.m.
It was moved by Puckett, seconded by Thomas, to adopt the
following Resolution No. 92-103 modifying certain fees and
service charges for indicated departments with deletion of all
reference to Consumer Price Index:
RESOLUTION NO. 92-103 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, MODIFYING CERTAIN FEES AND
SERVICE CHARGES FOR THE DEPARTMENTS OF LEGISLATION,
ADMINISTRATION, COMMUNITY DEVELOPMENT, PUBLIC WORKS, POLICE
AND COMMUNITY SERVICES
Motion carried 5-0.
3. 1992-93 BUDGET
William Huston, City Manager, reported that legislation
implementing the State budget required a 9 percent reduction
of the.City's property tax revenue, approximately $445,255.00;
and elimination of cigarette tax subvention, approximately
$73,000.00. Based upon the potential reduction in projected
1991-92 sales tax and property tax revenue in 1992-93, he
summarized the following recommended adjustments: transfer
the expense for the Code Enforcement position to the
Redevelopment Agency South -Central Project area; elimination
of the vacant Switchboard Operator position in the Police
Department; reduction of capital outlay expenditures, travel,
meeting, travel accounts, and consultant contracts. He said
with the reductions in expenditures, the revised projected
1992-93 budget would be balanced, with a projected June 30,
1993 ending balance of $3,688,765.00, and a 16.11 percent
reserve.
CITY COUNCIL MINUTES
Page 4, 9-21-92
Councilmember Thomas remarked that Tustin was very fortunate
because many Orange County cities had been forced to lay-off
employees.
Councilmember Saltarelli stated the importance of public
awareness of the State taking monies away from cities,
redevelopment agencies, sanitation districts, etc. He stated
the Council would join the League of Cities to monitor the
State's fiscal prudence and ensure that measures were taken
to eliminate future loss of local revenue.
Council/staff discussion followed regarding appropriating
money for the Sports Complex.
William Huston, City Manager, suggested that if the Council
wished to appropriate money for the Sports Complex to include
the amount with adoption of the budget.
Councilmember Saltarelli stated his concerns regarding
transferring the Code Enforcement position expense to the
Redevelopment Agency South -Central Project area.
William Huston, City Manager, responded that the rationale for
transferring the Code Enforcement position from the General
Fund to the Redevelopment Agency was that the majority of the
position activity was in the Redevelopment Agency area. He
stated that staff could present a report to Council at the
October 5, 1992 meeting detailing the allocation plan and
recommended continuing action on the Redevelopment Agency
budget until that time.
Mayor Pontious opened the Public Hearing at 8:05 p.m. There
were no speakers on the subject and the Public Hearing was
closed.
It was moved by Thomas. seconded by Saltarelli, to approve the
following Resolution No. 92-109 adopting the 1992-93 budget
for all funds (except the Redevelopment Agency); direct staff
to prepare an analysis of City fees and make recommendations
concerning adjustments to cover the cost of the service
provided; prepare an analysis which identifies City services
that can be provided more cost-effectively through contracts;
revise the Three -Year Financial Plan based upon State imposed
reductions in General Fund revenue; appropriate $1.5 million
for the Sports Complex; and delete transfer of $50,000 from
the General Fund to the Redevelopment Agency for the South -
Central Project Area Code Enforcement position:
RESOLUTION NO. 92-109 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY BUDGET AND
APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1992-93
Motion carried 5-0.
4. RESOLUTION NO. 92-110, AWUSTING RATER SERVICE RATES
Ronald Nault, Director of Finance, reported that on August 31,
1992, staff and the water rate consultant conducted a workshop
and presented recommendations on adjustments to the water
service rates for the next three years to cover increases in
operating costs and new bond debt service expense. He
highlighted the necessary water improvements; rate schedule;
Agricultural Credits; and privatization of the Tustin Water
Service.
Council/staff discussion followed regarding notifying public;
when bonds were callable; and competitive vs. negotiated bond
sale.
The following member of the audience addressed questions by
Council regarding competitive vs. negotiated bond sale:
Lora Stovall, Bartle and Wells consultant representative
CITY COUNCIL MINUTES
Page 5, 9-21-92
Councilmember Puckett requested the City continue to issue
Agricultural Credits.
Council/staff discussion followed regarding Agricultural
Credits.
Mayor Pontious requested a staff report detailing the issuance
of Agricultural Credits. She stated with the drought and
imported water loss, it was important for the -City to plan for
the future and indicated that financing improvements could be
made at a lower interest rate at this time.
William Huston, City Manager, clarified this was a 12 -year
water system program and bond money could only be used for
construction costs.
Councilmember Saltarelli stated water service maintenance was
covered by the water rate fees and because this was a 12 -year
program, the City must be sure that all future costs were
included in the water rate base.
Mayor Pontious opened the Public Hearing at 8:30 p.m.
The following member of the audience questioned the necessity
of increasing the City's water storage capacity:
Charles Krause, 1651 Amherst Road, Tustin
Council/staff/speaker discussion'- followed regarding
Metropolitan Water District building new water storage
facilities; imported water supply; cost effectiveness of the
City investing in its own storage facilities; and
opportunities for Council to review the program every four
years.
There were no other speakers on the subject and the Public
Hearing was closed at 8:35 p.m.
It was .moved by Puckett, seconded by Saltarelli, ,to adopt the
following Resolution No. 92-110 adjusting water service rates
and authorizing staff to proceed with the issuance of bonds
and refunding of existing bonds:
RESOLUTION NO. 92-110 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ADJUSTING WATER SERVICE RATES
Motion carried 5-0.
VI. PUBLIC INPUT
1. SWIMMING POOL SAFETY
Al Palladino, "Save That Child" Foundation founder, spoke on
swimming pool safety for children, requested Ordinance No.
1091 be studied, volunteered his expertise, and requested all
swimming pools be surrounded by barriers to prevent any access
by children.
Council/staff/speaker discussion followed regarding Ordinance
No. 1091 and previous Uniform Codes.
Mayor Pontious requested staff return in 30 days with an
informational report.
VII. CONSENT CALENDAR
Items No. 5 and 8 were removed from the Consent Calendar by Mayor
Pro Tem Potts. It was moved by Potts, seconded by Thomas, to
approve the remainder of the Consent Calendar as recommended by
staff. Motion carried 5-0.
I. APPROVAL OF MINUTES - SEPTEMBER 8, 1992 REGULAR MEETING
Recommendation: Approve the City Council Minutes of
September 8, 1992.
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Page 6, 9-21-92
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$1,386,380.54 and ratify Payroll in the amount of
$298,809.85.
3. AWARD OF CONTRACT FOR WATER MAIN RELOCATION ON FIRST STREET
OVERPASS AT BR -35 FREEWAY
Recommendation: Award the contract to Valverde
Construction, Inc., of Whittier, in the amount of
$60,620.00 for subject project as recommended by the Public
Works Department/ Engineering Division.
4. RESOLUTION NO. 92-108 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE REPLACEMENT OF WATER MAINS ON PROSPECT
AVENUE FROM FAIRHAVEN AVENUE TO 400 FEET SOUTHEAST OF SANTA
CLARA AVENUE AND AUTHORIZING ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 92-108 approving
plans and specifications for the subject project and
directing the City Clerk to advertise for bids as
recommended by the Public Works Department/Engineering
Division.
6. RESOLUTION NO. 92-111 - 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
WATER MAIN INSTALLATION ON ESPLANADE AVENUE BETWEEN
SEVENTEENTH STREET AND 500 FEET SOUTH OF GRAMERCY DRIVE
Recommendation: Accept the improvements constructed and
authorize the recordation of the Notice of Completion for
said improvements with the adoption of Resolution No. 92-
111 as recommended by the Public Works
Department/Engineering Division.
7. RESOLUTION NO. 92-113 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE EDINGER AVENUE REHABILITATION BETWEEN
JAMBOREE ROAD AND 2650 FEET EASTERLY AND AUTHORIZING THE
ADVERTISEMENT FOR BIDS
Recommendation: Adopt Resolution No. 92-113 approving
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. CHARLES DAMIANOf DISABILITY RETIREMENT
Recommendation: Find and determine that Charles Damiano is
disabled and incapacitated within the meaning of Public
Employees' Retirement Law for performance of his duties in
the position of police officer and that such disability is
a result of injury or disease arising out of or in the
course of his employment, and, accordingly, adopt the
following Resolution No. 92-99 as recommended by the City
Manager:
RESOLUTION NO. 92-99 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
INDUSTRIAL DISABILITY OF CHARLES DAMIANO
CONSENT CALENDAR NO. 5 - APPROVAL OF CONSULTANT SERVICES AGREEMENT
- COTTEN & SELFON
Mayor Pro Tem Potts stated that all Council questions raised at
the September 8, 1992 meeting had been addressed in the report.
It was moved by Potts. seconded by Thomas, to authorize the
Assistant City Manager to execute a consultant services agreement
between the City and Cotten & Selfon.
Motion carried 5-0.
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Page 7, 9-21-92
CONSENT CALENDAR NO 8 - ADMINISTRATION AGREEMENT BETWEEN THE
ARTERIAL HIGHWAY FINANCING PROGRAM, COUNTY OF ORANGE, AND THE CITY
OF TUSTIN FOR THE IMPROVEMENT OF RED HILL AVENUE FROM WARNER
AVENUE TO VALENCIA AVENUE
Mayor Pro Tem Potts questioned why there was a $97,000.00
difference in the Arterial Highway Financing Program funding.
Robert Ledendecker, Director of Public Works, responded that the
$97,000.00 was for a traffic signal upgrade not eligible under the
Arterial Highway Financing Program.
It was moved by Potts, seconded by Puckett, to authorize the Mayor
and City Clerk to execute subject agreement.
Motion carried 5-0.
VIZI. ORDINANCES FOR INTRODUCTION
1. ORDINANCE NO. 1098 - SECOND RESPONSE TO DISTURBANCE
It was moved by Puckett, seconded by Potts, that Ordinance No.
1098 have first reading by title only. Motion carried 5-0.
Following first reading by title only of Ordinance No. 1098
by the City Clerk, it was moved by Puckett, seconded by
Thomas, that the following Ordinance No. 109$ be introduced:
ORDINANCE NO. 1098 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ENACTING REGULATIONS WITH RESPECT
TO POLICE RESPONSE SERVICE AT LARGE GATHERINGS•
Motion carried 5-0.
The following member of the audience spoke in favor of
Ordinance No. 1098, Second Response to Disturbance:
Rich Lambros, Apartment Association of Orange County
representative
I%. ORDINANCES FOR ADOPTION - None
X. OLD BUSINESS - None
%I. NEW BUSINESS
1. DISPOSITION OF SURPLUS CALTRANS PROPERTY
It was moved by Puckett. seconded by Thomas, to receive and
file subject report.
Motion carried 5-0.
2. APPROVAL OF CONSULTANT SERVICES AGREEMENT - PREPARATION OF
REUSE/SPECIFIC PLAN AND JOINT ENVIRONMENTAL IMPACT REPORT AND
ENVIRONMENTAL IMPACT STATEMENT (EIR/EIS) FOR MARINE CORPS AIR
STATION, TUSTIN
Christine Shingleton, Assistant City Manager, reported that
due to the significant construction lead time needed to
complete replacement improvements, estimated at 4 years, the
U.S. Marine Corps requested the City fast-track the normal
reuse plan process. This request required an intensive,
complex, and costly program than otherwise expected from the
City and with support from the USMC, Requests for Proposal for
the preparation of the proposed Reuse Plan/Specific Plan and
Joint EIR/EIS were sent to 85 consulting firms. Upon
conclusion of the final oral interviews, including detailed
reference checks, the Base Closure Steering Committee selected
the firm of HNTB.
It was moved by Puckett. seconded by Potts, to authorize the
City Manager to execute a Consultant Services Agreement
between the City of Tustin and HNTB.
CITY COUNCIL MINUTES
Page 8, 9-21-92
It was moved by Potts. seconded by Thomas, to appoint Planning
Commissioner Stracker to the Base Closure Task Force; and
appoint Casper Kasparian as resident -at -large representative
to the Base Closure Task Force.
XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - SEPTEMBER 14, 1992
It was moved by Potts. seconded by Thomas, to ratify the
Planning Commission Action Agenda of September 14, 1992.
Motion carried 5-0.
2. MAIN STREET SPEED LIMITS IN OLD TOWN AREA
It was moved by Thomas. seconded by Saltarelli, to receive and
file subject report.
XIII. PUBLIC INPUT
1. SECOND RESPONSE TO DISTURBANCE ORDINANCE
Ray Maggi, 15851 Pasadena Avenue #B6, Tustin, expressed
appreciation to staff for cooperation received on Ordinance
No. 1098, Second Response To Disturbance, and commended the
Police Department for services rendered in the southwest area.
XIV. OTHER BUSINESS
1. CLOSED SESSION
William Huston, City Manager, requested Council recess to
Closed Session to consider personnel matters pursuant to
Government Code Section 54957.
2. 65TH ANNIVERSARY OF CITY'S INCORPORATION
Mayor Pro Tem Potts reported that September 21, 1992, was the
65th anniversary of the City's incorporation and requested a
joint Chamber of Commerce/City informational brochure for
residents.
3. WORKERS' COMPENSATION REFORM RESOLUTION
Mayor Pro Tem Potts requested a resolution, modeled after one
from the City of Seal Beach, supporting Governor Wilson's
position on workers' compensation reform.
4. SOUTH-CENTRAL FINANCIAL PLAN WORKSHOP STATUS
Mayor Pro Tem Potts questioned the status of the financial
plan workshop for the South -Central Project area.
William Huston, City Manager, responded the workshop would be
scheduled in approximately 6 months.
5. RED HILL FIRE STATION PANCAKE BREAKFAST
Mayor Pro Tem Potts reported attendance at the Red Hill Fire
Station pancake breakfast.
6. COMMUNITY CABLEVISION SERVICE
Mayor Pro Tem Potts requested September programming schedule
from Continental Cablevision be forwarded to Community
CITY COUNCIL MINUTES
Page 9, 9-21-92
Cablevision, and reiterate need for broadcasting Tustin events
on Community Cable.
Counpilmember Puckett agreed with sending a message to
Community Cablevision regarding Tustin event broadcasts.
7. SCHOOL BOARD CANDIDATE - TODD FERGUSON
Mayor Pro Tem Potts invited the public to his home on
September 27, 1992, to meet school board candidate, Todd
Ferguson.
S. BEAUTIFICATION COMMITTEE/NON-PROFIT FOUNDATION UPDATE
Councilmember Thomas requested follow-up on Beautification
Committee and Non -Profit Foundation.
9. MCAS, TUSTIN OPEN HOUSE
Councilmember Puckett complimented the Marines on the open
house at MCAS, Tustin, and thanked them for the blimp ride.
10. POE MEMORIAL PLAQUE
Councilmember Saltarelli questioned storage and restoration
of Poe memorial plaque from Civic Center renovation.
Christine Shingleton, Assistant City Manager, responded that
;'k all plaques would be held in storage until Council decision
to install at the new site or to give them to the families.
11. PROJECT FUNDING FROM OTHER AGENCIES
Councilmember Saltarelli commended staff for pursuing
available funding from other agencies to complete projects and
encouraged the School Board and the Assessment District to do
the same.
12. SILICON SYSTEMS/HEIDEMAN SCHOOL VOLUNTEER TUTOR,PROGRAM
Mayor Pontious reported on attendance at the successful
Silicon Systems/Heideman School volunteer tutor program.
XV. CLOSED SESSION
Mayor Pontious announced the City Council would recess to Closed
Session to consider personnel matters pursuant to Government Code
Section 54957.
XVI. ADJOURNMENT
Mayor Pontious adjourned the meeting at 9:30 p.m. The next
regular meeting of the City Council was scheduled for Monday,
October 5, 1992, 7:00 p.m., it the Twin A3ra Senior Center.
LESLIE ANNE PONTIOUS, MAYOR
iNARY E. WYNN, CITY CLERIC