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HomeMy WebLinkAboutCC MINUTES 1992 11 16MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA NOVEMBER 16, 1992 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE 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 Councilmember Thomas. T'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 Bob Ruhl, Field Services Manager Gary Veeh, Water Operations Manager Doug Anderson, Transportation Engineer Susan Jones, Recreation Superintendent Gary Magill, Recreation Supervisor Mike Martin, Water Engineer Valerie Whiteman, Chief Deputy City Clerk Approximately 105 in the audience IV. PUBLIC HEARINGS 1. INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF RIGHT-OF-WAY FOR YORBA STREET WIDENING/177 YORBA STREET (JECHART ESTATE) Robert Ledendecker, Director of Public Works, reported that as part of completing plans for Yorba Street road widening, acquisition of a right-of-way abutting 177 Yorba Street was required. He stated the City was unable to reach an agreement for purchase of the right-of-way with the Jechart Estate and initiation of eminent domain proceedings was necessary. Council/staff discussion followed regarding lack of agreement for acquisition of the property due to death in the family; and County -imposed project completion deadline. Mayor Pontious opened the Public Hearing at 7:05 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Puckett, seconded by Thomas, to adopt the following Resolution No. 92-136 initiating eminent domain proceedings to acquire 750 square feet of right-of-way at the location of 177 Yorba Street: RESOLUTION NO. 92-136 - 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 ASSESSOR'S PARCEL NO. 401-521-01, JECHART PROPERTY) Motion carried 5-0. 490-50 CITY COUNCIL MINUTES Page 2, 11-16-92 2. INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR YORBA STREET WIDENING/135 NORTH YORBA STREET (CAMPBELL PROPERTY) Robert Ledendecker, Director of Public Works, reported that as part of completing plans for Yorba Street widening, acquisition of a temporary construction easement at 135 North Yorba Street was required. He stated the City was unable to reach an agreement with the property owner and initiation of eminent domain proceedings was necessary. Mayor Pontious opened the Public Hearing at 7:06 p.m. The following member of the audience spoke in opposition to the initiation of eminent domain proceedings for acquisition of temporary construction easement for Yorba Street widening/135 North Yorba Street: Robert Campbell, property owner There were no other speakers on the subject and the Public Hearing was closed at 7:13 p.m. Council/staff discussion followed regarding scheduled reopening of First Street bridge; scheduled completion date for Yorba Street widening; Yorba Street project background; and Mr. Campbell's opposition based on land use not financial compensation. It was moved by Thomas, seconded by Puckett, to adopt the following Resolution No. 92-135 initiating eminent domain proceedings to acquire a temporary construction easement (approximately 700 square feet) of the location at 135 North Yorba Street: RESOLUTION NO. 92-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AND THE EXPENDING OF FUNDS THEREFORE IN THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (A PORTION OF ASSESSOR'S PARCEL NO. 401-521-10, CAMPBELL PROPERTY) Motion carried 5-0. V. PUBLIC INPUT 1. DINOSAUR DASH Linda Jennings, Tustin Public Schools Foundation President, thanked the City for their cooperation and support of the Dinosaur Dash event. 2. VILLA VALENCIA MOBILE HOME ESTATES The following members of the audience requested assistance from the City to locate possible funding options for resident purchase of the Villa Valencia Mobile Home Estates: Ruth L. Sauers, Villa Valencia Mobile Home Estates Jay Felgar, 44 Malaga, Tustin The following member of the audience spoke in favor of leasing rather than purchasing the Villa Valencia Mobile Home Estates: Cleo Cousineau, 46 Malaga, Tustin Mayor Pontious said that staff would meet with Villa Valencia Mobile Home Estates representatives to discuss funding options and pledged her support to the residents' efforts to acquire state funding for purchase of the property. 490-50 CITY COUNCIL MINUTES Page 3, 11-16-92 The following member of the audience spoke on purchase of and space rental increases for Villa Valencia Mobile Home Estates: Brian Alex, 2192 Dupont Drive, Irvine Mayor Pontious clarified that the City would not be involved in negotiations for purchase of the Villa Valencia Mobile Home Estates. 7 VI. CONSENT CALENDAR Item Nos. 3, 6, and 7 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. 1. APPROVAL OF MINUTES - NOVEMBER 2, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of November 2, 1992. 2. APPROVAL OF DEMANDS AND RATIFICATION OF Recommendation: Approve Demands $583,474.11 and ratify Payroll $311,904.01. PAYROLL in the amount of in the amount of 4. RELEASE OF MONUMENTATION BOND FOR TRACT NO. Recommendation: Authorize the release Bond Number 09-13-09 for Tract No. 13824 $5,000.00 as recommended by the Department/Engineering Division. 380-10 13824 360-82 of Monumentation in the amount of Public Works 600-70 S. RESOLUTION NO. 92-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE LANDSCAPING OF NISSON ROAD AND EL CAMINO REAL BETWEEN RED HILL AVENUE AND NEWPORT AVENUE Recommendation: Adopt Resolution No. 92-137 authorizing the Director of Public Works/City Engineer to submit an application for the State Resources Agency Environmental Enhancement and Mitigation Program Grant as recommended by the Public Works Department/Engineering Division. 660-05 S. RESOLUTION NO. 92-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND REPAIR AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR SIDEWALK, CURB AND GUTTER, AND INTERLOCKING PAVER REPAIR PROJECT, 1991-92 FY Recommendation: Adopt Resolution No. 92-141 accepting the works of improvement/repairs and authorizing the recordation of the Notice of Completion for the subject project as recommended by the Public Works Department/Engineering Division. 400-45 9. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF VANDENBERG WELLHEAD FACILITIES AND TRANSFER SWITCH AND EMERGENCY POWER GENERATOR FOR COLUMBUS TUSTIN WELL Recommendation: Authorize the Mayor to execute a professional services agreement with AKM Consulting Engineers for design of Vandenberg Wellhead facilities and an emergency power transfer switch and portable generator for Columbus Tustin Well for an amount not to exceed $99,680.00 as recommended by the Public Works Department/Water Service Division. 400-10 RECESSED AT 7:40 P.M. - RECONVENED AT 7:45 P.M. CONSENT CALENDAR ITEM NO. 3 - RESOLUTION NO. 92-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL INSTALLATIONS AT RED HILL AVENUE AND EL CAMINO REAL AND RED HILL AVENUE AND NISSON ROAD CITY COUNCIL MINUTES Page 4, 11-16-92 Mayor Pro Tem Pott's stated that the at Red Hill/E1 Camino Real would lanes. traffxc`:signal modifications provide protected left turn It was moved by Potts, seconded by Puckett, to adopt Resolution No. 92-138 approving the plans and specifications for modifications to traffic signals at the intersections of Red Hill Avenue/E1 Camino Real and Red Hill Avenue/Nisson Road. Motion carried 5-0. 400-45 CONSENT CALENDAR ITEM NO. 6 - RESOLUTION NO. 92-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE BARRIER NETTING FOR COLUMBUS TUSTIN PARK AND AUTHORIZING ADVERTISEMENT FOR BIDS Mayor Pro Tem Potts questioned why wooden poles would be used instead of metal poles. Robert Ledendecker, Director of Public Works, responded that the cost for metal pole installation would be significantly higher than wooden poles. Council/staff discussion followed regarding wooden pole life expectancy; and the possibility of conducting bids for both metal and wooden poles. It was moved by Potts, seconded by Puckett, to adopt Resolution No. 92-139 approving plans and specifications for subject project and authorizing advertisement for bids. Motion carried 5-0. 920-20 CONSENT CALENDAR NO. 7 - CONTRACT AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES Mayor Pro Tem Potts questioned why this contract was for four years; and possibly contracting with other cities' signal maintenance staff. Doug Anderson, Transportation Engineer, responded that the four year contract would be renewed annually; and because signal maintenance was a specialized field, most cities did not have staff proficient in this area. It was moved by Potts, seconded by Puckett, to direct the Mayor and City Clerk to execute the contract documents on behalf of the City for traffic signal maintenance services within the City. Motion carried 5-0. 400-10 VII. ORDINANCE FOR INTRODUCTION 1. ORDINANCE NO. 1099 - INTRODUCTION OF THE WATER EFFICIENT LANDSCAPE STANDARDS AND REQUIREMENTS Mike Martin, Water Engineer, reported that Assembly Bill 325 required every local water agency to prepare and adopt a water efficient landscape ordinance containing prescribed elements. The Planning Commission reviewed the City's existing Landscape and Irrigation Guidelines and after certain modifications, recommended approval. Council/staff discussion followed regarding use of drought resistant plants in new developments; utilizing reclaimed water; and possible locations for a future water reclamation plant. It was moved by Puckett, seconded by Thomas, that Ordinance No. 1099 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1099 by the City Clerk, it was moved by Puckett, seconded by Thomas, that the following Ordinance No. 1099 be introduced: CITY COUNCIL MINUTES Page 5, 11-16-92 ORDINANCE NO. 1099 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REGARDING USE OF DROUGHT TOLERANT PLANT MATERIAL AND WATER CONSERVATION MEASURES PERTAINING TO LANDSCAPE STANDARDS AND REQUIREMENTS Motion carried 5-0. VIII. ORDINANCE FOR ADOPTION 230-80 1. ORDINANCE NO. 1101, OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS It was moved by Thomas, seconded by Saltarelli, that Ordinance No. 1101 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1101 by the City Clerk, it was moved by Thomas, seconded by Saltarelli, to adopt the following Ordinance No. 1101: ORDINANCE NO. 1101 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS OF ARTICLE 9 OF THE TUSTIN CITY CODE TO MODIFY REQUIREMENTS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS (CA 92-007) Motion carried 5-0 (roll call vote). 610-20 IK. OLD BUSINESS 1. APPROPRIATION OF FUNDS, NON-PROFIT FOUNDATION William Huston, City Manager, reported that at the November 2, 1992 meeting, Council approved formation of a general purpose non-profit foundation to raise funds for public projects. He stated that the first step in formation of the foundation was establishment of Articles of Incorporation and stated staff recommended retention of Attorney John Francis for preparation of the articles. Council/staff discussion followed regarding Mr. Francis' non- profit foundation background; cost and preparation of Articles of Incorporation; and future reimbursements to City. Councilmember Saltarelli questioned if that portion of the Articles of Incorporation filing fee representing pre -paid tax would be refunded upon certification as a non-profit organization. Otherwise he questioned the fee as being relatively high. William Huston, City Manager, responded that he did not have that information, but would investigate and if the filing fee was returned, the City's appropriation would be credited accordingly. Councilmember Thomas requested that Mr. Francis submit a report to Council explaining how the foundation could utilize donations; and he stressed that Council would review all appropriation of funds. Mayor Pontious said foundation board members, which would include two councilmembers, would be appointed by Council. It was moved bN $4,000.00 from preparing the i foundation and i Attorney John Incorporation. Puckett, seconded by Thomas, to appropriate the General Fund reserve for the cost of irticles of Incorporation for the non-profit -elated filing fees; and authorize retention of Francis to prepare the Articles of Motion carried 5-0. 125-45 400-10 CITY COUNCIL MINUTES Page 6, 11-16-92 X. NEW BUSINESS 1. SUPPORT OF THE CITY OF REGARDING LOCAL CONTROL XI. HUNTINGTON BEACH'S RESOLUTION NO. 6432 FOR SETTING SPEED LIMITS Doug Anderson, Transportation Engineer, reported that the City of Huntington Beach requested Tustin support a resolution asking the California League of Cities to sponsor legislation providing local control for setting speed limits along radar controlled major arterial highways. He stated that staff believed there was adequate flexibility in the current legislation to establish speed limits and recommended Council not support the resolution. Council/staff discussion followed regarding factors involved in establishing speed limits; and explanation of 85 percentile speed limits. It was moved by Thomas, seconded bv'Potts, to receive and file subject report. Motion carried 5-0. 760-40 2. IRVINE BUSINESS COMPLEX AGREEMENT William Huston, City Manager, reported the Cities of Tustin and Irvine had negotiated an agreement concerning the mitigation of traffic impacts caused by a zone change and general plan amendment in the Irvine Business Complex (IBC). It was moved by Puckett, seconded by Thomas, to approve the Irvine Business Complex agreement. Motion, carried 5-0. 400-10 Council/staff discussion followed regarding negotiations between the Cities of Irvine, Costa Mesa, and Santa Ana. Mayor Pro Tem Potts clarified that the City had not brought legal action against the.City of Irvine over this matter. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 10, 1992 Item Nos. 4 and 5 were removed from the Planning Commission Action Agenda by Councilmember Saltarelli and Mayor Pro Tem Potts. Councilmember Saltarelli questioned the origin of the 65 -foot setback, Item No. 4, Conditional Use Permit 92-044 (Congregation B'Nai Israel). Christine Shingleton, Assistant City Manager, responded that the East Tustin Specific required a 15 -foot setback; however, the applicant, Congregation B'Nai Israel, had proposed a 65 -foot setback. Council/staff discussion followed regarding possible construction delays, and cooperative effort between applicant and Monterey Homeowners Association. Mayor Pro Tem Potts stated Planning Commissioner Stracker had contacted him with concerns regarding development density on Item No. 5, Zone Change 92-002 and Development Agreement 92-001, Lot 12, Tract 12870. Christine Shingleton, Assistant City Manager, responded that staff had numerous meetings with the Planning Commission regarding this issue; however, Commissioner Stracker was unable to attend. She stated staff would contact Commissioner Stracker and address his concerns. Council concurred to ratify the Planning Commission Action Agenda - November 10, 1992. 120-50 CITY COUNCIL MINUTES Page 7, 11-16-92 2. SCHEDULE AS OF SEPTEMBER 301 1992 It was moved by Pucke- file subject report. Motion carried 5-0. to receive and 355-50 3. 1992-93 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT QUARTERLY UPDATE (FIRST QUARTER) It was moved by Puckett, seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. 4. COLUMBUS TUSTIN GYMNASIUM STATUS REPORT 730-90 It was moved by Puckett, seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. 5. MANDATED COST RE It was moved by Puck file subject report. Motion carried 5-0. 6. BRYAN AVENUE STREET TREE CONCERN 920-20 , to receive and 390-70 It was moved by Puckett, seconded by Saltarelli, to authorize removal of six ficus trees and two silk oak trees along the .�� southerly side of Bryan Avenue between Red Hill Avenue and Browning Avenue and replacement of these eight trees with the routine 15 gallon size trees, of a species to be determined by staff, that would give minimum impacts to the sidewalks and curb/gutter. Motion carried 5-0. 7. CONTINENTAL CABLEVISION RATE INCREASE 950-55 Councilmember Thomas voiced his displeasure with the proposed rate increase. Robert Ledendecker, Director of Public Works, said staff had scheduled a meeting with Times Mirror Cable to review cable programming improvements, and would forward a report to Council. William Huston, City Manager, clarified federal law prohibited municipalities from regulating cable rates. It was moved by Puckett, seconded by Thomas, to receive and file subject report. Motion carried 5-0. 400-10 S. STATUS REPORT - OVERHEAD UTILITY CONCERNS AT BROWNING AND WALNUT AVENUES It was moved by Puckett, seconded by Saltarelli, to receive and file subject report. Motion carried 5-0. 810-05 %II. PUBLIC INPUT 1. LEFT -TURN LANE - RED HILL/IRVINE BOULEVARD Jill Shelton, 1042D Walnut Street, Tustin, requested a left turn lane at Red Hill/Irvine Boulevard. CITY COUNCIL MINUTES Page 8, 11-16-92 Robert Ledendecker, Director of Public Works, responded that the project was scheduled for completion in summer 1993. Mayor Pro Tem Potts requested staff investigate the traffic signal timing at Newport/Irvine Boulevard and Red Hill/Irvine Boulevard. XIII. OTHER BUSINESS 1. CLOSED SESSION - PERSONNEL MATTERS William- Huston, City Manager, requested a Closed Session on personnel matters. 2. CONGRATULATIONS - SCHOOL BOARD MEMBERS The Council congratulated newly elected school board members Sally Burrage, Bud Henry, and Todd Ferguson. Mayor Pontious noted a joint school board/City Council meeting would be scheduled for January, 1993. 3. SPORTS COMPLEX UPDATE Councilmember Saltarelli requested an update on the sports complex. Susan Jones, Recreation Superintendent, responded that the project was on schedule and noted a Sports Complex Task Force meeting would be held on December 1, 1992, at 7:00 p.m., at the Tustin Area Senior Center. 4. OVERHEAD UTILITIES - BROWNING/WALNUT AVENUE Mayor Pro Tem Potts questioned if Commissioner Kasalek and Nelson School had received a copy of the staff report regarding the overhead utilities. William Huston, City Manager, replied they had both received copies of the report. 5. TREE REPLACEMENT - BRYAN AVENUE Mayor Pro Tem Potts commented on the tree replacements that would occur on Bryan Avenue. 6. POLICE PURSUIT POLICY Mayor Pro Tem Potts requested the Chief of Police work with the Police Chief Association to investigate the possibility of establishing a uniform Orange County police pursuit policy. William Huston, City Manager, suggested a letter be sent via the League of Cities Board of Directors. 7. CENTENNIAL PARK NAME CHANGE Councilmember Puckett requested staff contact Tustin Meadows Homeowners Association to explore the possibility of changing the name of Centennial Park due to the adverse publicity associated with Centennial Park in Santa Ana. S. MARINE BASE CLOSURE Councilmember Thomas noted inaccuracies in The Register newspaper article reporting the base closure project was "in limbo." William Huston, City Manager, responded with congressional legislation information concerning the project; and noted progress was on schedule. CITY COUNCIL MINUTES Page 9, 11-16-92 9. SAPPY Councilmember Thomas and Mayor Pontious wished everyone a Happy Thanksgiving. XIV. CLOSED SESSION Mayor Pontious announced the City Council would recess to Closed Session to consider personnel matters pursuant to Government Code ?� Section 54957. XV. ADJOURNMENT Mayor Pontious adjourned the meeting at 8:55 p.m. The next regular meeting of the City Council was scheduled for Monday, December 7, 1992, 7:00 p.m., at the Tustin Area Senior Center. t LESLIE ANNE PONTIOUS, MAYOR Y E. WYNN, CITY CLERK