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Home My WebLink AboutCC MINUTES 1992 02 03MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTINo CALIFORNIA FEBRUARY 3v 1992 I. CALL TO ORDER/PLEDGE OF The meeting was called to order by Mayor Puckett at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilmember Edgar. II. INVOCATION The Invocation was given by Rev. James Witty, Tustin Presbyterian Church. III. ROLL CALL Council Present: Charles E. Puckett, Mayor Leslie Anne Pontious, Mayor Pro Tem Richard B. Edgar Jim Potts Earl J. Prescott Council Absent: None City Clerk: Mary E. Wynn Others Present: William A. Huston, City Manager James G. Rourke, City Attorney W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Rita Westfield, Assist. Dir./Com. Development Susan Jones, Recreation Superintendent Dan Fox, Senior Planner Gary Veeh, Water Services Manager Scott Reekstin, Assistant Planner Valerie Whiteman, Chief Deputy City Clerk Approximately 20 in the audience IV. PRESENTATION - R/UDAT SUMMARY REPORT Dan Fox, Senior Planner, reported the Regional/Urban Design Assistance Team (R/UDAT) met in September, 1991, as part of the revitalization plan for Old Town Tustin. Mr. Fox introduced David Baab and Ron Baers, Co -Chairmen of the R/UDAT Team, who highlighted key ideas contained in an "Idea Book" of Old Town and summarized their recommendations: appointment of Old Town Coordinator, establishment of business association, expansion of Old Town designation, formation of neighborhood association, establishment of Old Town as festival center of the City, and implementation of Design Review process. Councilmember Edgar stated he supported the Old Town expansion of the residential area west of "B" Street, and requested a timeline schedule. Mayor Puckett and Mayor Pro Tem Pontious commended the R/UDAT participants and pledged their support in the revitalization of Old Town. It was moved by Edgar, seconded by Pontious, to approve all recommendations; and requested a timeline for completion of the project. Councilmember Prescott announced he would abstain from voting on this subject. Motion carried 4-0, Prescott abstained. 620-10 Mayor Puckett read and presented a proclamation to the R/UDAT members thanking them for their participation in the Old Town revitalization project. David Baab and Ron Baers accepted the proclamation on behalf of the R/UDAT members and thanked the Council for the recognition. CITY COUNCIL MINUTES Page 2, 2-3-92 V. PUBLIC HEARINGS 1. RESOLUTION NO. 92-15j, PUBLIC HEARING AND ADOPTION OF THE WATER SHORTAGE CONTINGENCY PLAN Gary Veeh, Water Services Manager, summarized the Water Shortage Contingency Plan including: water use restrictions; construction of new wells; improvement of the reservoir storage system; and agreement with the Orange County Water District for construction of a groundwater desalter. Council/staff discussion followed regarding completion of the Vandenberg well site. Mayor Puckett 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 Prescott, seconded by Pontious, to adopt the Tustin Water Service Water Shortage Contingency Plan by the following Resolution No. 92-15 and order that subject Plan be filed with the State Department of Water Resources: RESOLUTION NO. 92-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN WATER SHORTAGE CONTINGENCY PLAN Motion carried 5-0. 2. APPEAL OF USE 92-01 (MC WHINNEY BERRIES) Dan Fox, Senior Planner, stated that staff had identified the actions required for processing the applicant's request for a temporary use permit. Council/staff discussion followed regarding the effect of a strawberry stand on local businesses; location of the stand; establishment of a permit process for temporary agricultural stands; appeal process timeline; and property owner permission for temporary use. Councilmember Edgar stated that a temporary use permit would be appropriate. Councilmember Prescott said he favored providing an opportunity for non-profit organizations to raise money. Mayor Puckett opened the public hearing at 7:30 p.m. The following members of the audience spoke in favor of Appeal of Use Determination 92-01: Helen Anderson, Food For All Coordinator Chad McWhinney, applicant Council/speaker/staff discussion followed regarding location of the stand; profit distribution; and application fees. Councilmember Prescott requested waiving the $75 temporary use permit application fee. There were no other speakers on the subject and the public hearing was closed at 7:35 p.m. It was moved by Edgar, seconded by Prescott, to determine proposed use appropriate for Temporary Use Permit; and waive $75.00 application fee. 840-05 Motion carried 5-0. 610-45 CITY COUNCIL MINUTES Page 3, 2-3-92 VI. PUBLIC INPUT 1. UNPROFESSIONAL TREATMENT BY CITY ATTORNEY Dr. Tom Birney, 1071 E1 Camino Lane, Santa Ana, reported he had submitted a claim against the City for property damage and had received unprofessional treatment from the City Attorney. 2. OPPOSITION TO HEALTH AND RETIREMENT BENEFITS FOR CITY ATTORNEY Terrence Hickey, 1762 Roanoke, Tustin, spoke in opposition to the City Attorney receiving health and retirement benefits. VIZ. CONSENT CALENDAR Item Nos. 2, 4, 16, and 18 were removed from the Consent Calendar by Councilmember Potts and a member of the audience. It was moved by Potts, seconded by Prescott, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 1. APPROVAL OF MINUTES - JANUARY 20, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of January 20, 1992. 3. LAMBERT SCHOOL LEASE RENEWAL Recommendation: Renew the lease with the Tustin Unified School District for use of Lambert School for a period of one year commencing on February 1, 1992, and ending January 31, 1993; and authorize the Mayor to execute subject lease as recommended by the Community Services Department. 400-10 S. REJECTION OF CLAIM NO. 91-51 - CLAIMANT, SOUTHERN CALIFORNIA EDISON CO.; DATE OF LOSS, 7/3/91; DATE FILED WITH CITY, ,.. 11/21/91 Recommendation: Reject subject claim for property damages in the amount of $2,376.11 as recommended by the City Attorney. 180-10 6. RESOLUTION NO. 92-23 - 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 REPLACEMENT ON WOODLAND DRIVE, ZIG ZAG WAY, AND "B" STREET Recommendation: Accept the improvements constructed and authorize the recordation of the Notice of Completion for said improvements with the adoption of Resolution No. 92-23 as recommended by the Public Works Department/Engineering Division. 400-45 7. REQUEST FOR TRAFFIC SIGNAL OR STOP SIGNS AT THE INTERSECTION OF FIRST STREET AND nBn STREET Recommendation: Direct staff to prepare a warrant study for the intersection of First Street and "B" Street as recommended by the Public Works Department/Engineering Division. 760-70 S. DECLARATION OF SURPLUS VEHICLES AND WORK EQUIPMENT Recommendation: Declare the specified equipment surplus and not required for public use and authorize the Public Works Department to dispose of the equipment in accordance with Ordinance No. 871 as recommended by the Public Works Department/ Field Services Division. 380-60 9. LOWER PETERS CANYON RETARDING BASIN Recommendation: Approve the granting of an easement to the Orange County Flood Control District and authorize the Mayor to execute an easement deed for the Lower Peters Canyon pipeline facility on Lot 23, Tract No. 12870 and Lot 22, Tract No. 13627 as recommended by the Public Works Department/Engineering Division. 490-70 10. RESOLUTION NO. 92-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Recommendation: Adopt Resolution No. 92-13 amending the CITY COUNCIL MINUTES Page 4, 2-3-92 City of Tustin Classification Plan as recommended by the Administrative Services Department. 510-25 11. RESOLUTION NO. 92-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING THE PLANNING COMMISSION'S DECISION ON AN AMENDMENT TO DESIGN REVIEW 91-07, TO PERMIT AN ADDITIONAL DEVELOPMENT BONUS RELATED TO SIGN HEIGHT PURSUANT TO THE CRITERIA OF THE LOT CONSOLIDATION PROGRAM OF THE FIRST STREET SPECIFIC PLAN FOR THE PROPERTIES — LOCATED AT 135 SOUTH PROSPECT AVENUE AND 240 EAST FIRST STREET Recommendation: Uphold the Planning Commission's action by adopting Resolution No. 92-17 as recommended by the Community Development Department. 600-25 12. STATE ROUTE 55 BETWEEN 17TH STREET AND FAIRHAVEN AVENUE - WIDENING OF OVERCROSSING Recommendation: Approve Memorandum of Understanding for the widening of overcrossings on State Route 55 at Seventeenth Street, Santa Clara Avenue and Fairhaven Avenue; and authorize the Director of Public Works/City Engineer to execute said Memorandum of Understanding on behalf of the City as recommended by the Public Works Department/Engineering Division. 400-10 13. STATUS OF PROJECT DESIGN FOR TUSTIN RANCH ROAD (WALNUT AVENUE TO EDINGER AVENUE) Recommendation: (a) Defer until further notice formal design work on the Tustin Ranch Road project and (b) Continue to set aside partial funding annually in anticipation of future project construction as recommended by the Public Works Department/ Engineering Division. 730-10 14. RESOLUTION NO. 92-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND — AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT, 1989-90 FY AND 1990-91 FY) Recommendation: Adopt Resolution No. 92-24 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 400-45 15. AWARD OF CONTRACT FOR ARCHITECTURAL SERVICES, COLUMBUS TUSTIN PARK PHASE 2B NEW GYMNASIUM Recommendation: Award the contract for architectural services for the new gymnasium to the firm of Anthony and Langford in the amount of $127,000.00 as recommended by the Community Development Department. yro_fV 920-20 17. RESOLUTION NO. 92-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RELOCATION OF WATER MAINS ON NISSON ROAD BETWEEN PASADENA AVENUE AND "B" STREET, AND AUTHORIZING ADVERTISEMENT OF BIDS Recommendation: Adopt Resolution No. 92-27 approving plans and specifications for the relocation of water mains on Nisson Road between Pasadena Avenue and "B" Street, south of I-5 Freeway as recommended by the Public Works Department/Engineering Division. 400-45 �. CONSENT CALENDAR NO. 2 — APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Councilmember Potts requested information on who had cellular telephones and the cost. It was moved by Potts, seconded by Prescott, to approve Demands in the amount of $1,189,206.54 and ratify Payroll in the amount of $285,966.04; and requested a staff report regarding cellular phone use and costs at the February 18, 1992 Council meeting. Motion carried 5-0. 380-10 360-82 CITY COUNCIL MINUTES Page 5, 2-3-92 CONSENT CALENDAR NO. 4 - REJECTION OF CLAIM NO. 92-1 - CLAIMANT, R.T. HARNEY; DATE OF LOSS, 10/27/91; DATE FILED WITH CITY, 1/2/92 Councilmember Potts voiced objection to claims for damages occurring outside the City limits. It was moved by Potts, seconded by Edgar, to reject subject claim for property damages in the amount of $1,964.17. Council/staff discussion followed regarding procedures for non - jurisdictional claims. Motion carried 5-0. 180-10 CONSENT CALENDAR NO. 16 - REJECTION OF CLAIM NO. 91-52 - CLAIMANT, JOEL GORETH; DATE OF LOSS, 11/3/91; DATE FILED WITH CITY, 12/6/91 Councilmember Potts requested staff safety check park play equipment. It was moved by Potts, seconded by Edgar, to reject subject claim for personal injury damages in the amount of $313.00. Motion carried 5-0. 180-10 CONSENT CALENDAR NO. 18 - RESOLUTION NO. 92-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WATER MAINS ON MAIN STREET AT THE SR -55 FREEWAY, AND AUTHORIZING ADVERTISEMENT OF BIDS Robert Ledendecker, Director of Public Works, responded to concerns raised by a member of the audience regarding the two •.- water main projects on Main Street; Southern California Gas Company construction on Main Street; and completion timeline. It was moved by Edgar, seconded by Pontious, to adopt Resolution No. 92-26 approving plans and specifications for the construction of water mains along Main Street, from Stoneglass to Pasadena Avenue, beneath SR -55 Freeway. Motion carried 5-0. 400-45 VIII. ORDINANCES FOR INTRODUCTION - None IB. ORDINANCES FOR ADOPTION - None S. OLD BUSINESS 1. FEASIBILITY STUDY TO PROVIDE A MEDIAN OPENING ON TUSTIN RANCH ROAD AT PALERMO Councilmember Potts stated the homeowners' association had not voted on whether they were in favor of a median opening on Tustin Ranch Road and he requested this item be tabled until the association presents the matter to Council. It was moved by Potts, seconded by Prescott, to table this °-^ item. Motion carried 5-0. 2. AIRPORT STATUS REPORT 730-50 Scott Reekstin, Assistant Planner, summarized recent significant local airport activities including: the Federal Aviation Administration Task Force meeting; Quarterly Airport Noise Report Review; and Coalition for Responsible Airport Solution report. Councilmember Edgar requested the next quarterly report include the number of flights in correlation to noise level. CITY COUNCIL MINUTES Page 6, 2-3-92 Mayor Pro Tem Pontious supported obtaining data on an average single event level of noise. It was moved by Edgar, seconded by Puckett, to receive and file subject report. Motion carried 5-0. 3. LEGAL FEES 690-10 William Huston, City Manager, stated this report was in response to questions raised by Councilmember Potts. He summarized City of Irvine legal services report; survey cities' payment of health and retirement benefits to contract city attorneys; IRS regulations; attorney hourly wage comparisons; and cities comparable in size to Tustin employing in-house attorneys. Councilmember Potts commented extensively on no survey city provided health and retirement benefits to contract attorneys; advantages of in-house attorney monitoring billings for service; hourly wage comparisons; contingency fee for retirement; 1099 filing concerns; and advantages of hiring an in-house attorney. Councilmember Edgar noted that costs relating to the city attorney covered a multitude of overhead expenses and that hiring an in-house attorney was not cost effective. The following member of the audience spoke on city attorney compensation: Al Shifberg-Mencher, 16282 Main Street #3B, Tustin William Huston, City Manager, clarified that all city attorney compensation withholding was within State and Federal regulations. It was moved by Potts, seconded by Prescott, to discontinue city attorney medical, dental, and retirement benefits in one month. Council/staff discussion followed regarding addressing this issue in closed session; legality of discontinuing city attorney retirement benefits; and Orange County prevailing legal service hourly rates. Mayor Pro Tem Pontious noted that the City's cost with benefits was less than comparable cities and she was not in favor of discontinuing city attorney benefits. Mayor Puckett and Councilmember Edgar said that with the information presented, they were opposed to discontinuing the city attorney benefits. Motion failed 2-3, Puckett, Pontious, and Edgar opposed. It was moved by Potts, seconded by Prescott, to accept bids and resumes for an in-house attorney. Mayor Pro Tem Pontious said the City's attorney costs were below ..average in the county and a bid process was time consuming and costly. Motion failed 2-3, Puckett, Pontious, and Edgar opposed. Councilmember Potts requested copies of monthly billings for legal services; and related tax and code sections. Council/staff discussion followed regarding monthly billing report format; current system to monitor requests for city attorney legal services, and clarification of comparable city expenditures. CITY COUNCIL MINUTES Page 7, 2-3-92 Councilmember Prescott requested a copy of the city attorney retainer letter. 455-05 XI. NEW BUSINESS 1. WATER MAIN Robert Ledendecker, Director of Public Works, reported that staff had received complaints from Esplanade Avenue residents regarding inadequate water flow to their residences and the lack of fire hydrants in the area. He stated in order to proceed with the design and construction phases of the water main installation at Esplanade on an emergency basis, it was necessary for council to waive the formal bid requirements and approve Resolution No. 92-25. Council/staff discussion followed regarding informal bid process. Councilmember Edgar requested staff review the entire water system for similar deficiencies. It was moved by Edgar, seconded by Pontious, to adopt the following Resolution No. 92-25 declaring that public interest and necessity demands the expenditure of public money to safeguard life and health for the installation of approximately 1200 lineal feet of water main in Esplanade Avenue between Seventeenth Street and a point 1200 ± feet northerly of Seventeenth Street: RESOLUTION NO. 92-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY DEMANDS IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO .., SAFEGUARD LIFE AND HEALTH Motion carried 5-0. 400-45 XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JANUARY 27, 1992 It was moved by Pontious, seconded by Edgar, to ratify the Planning Commission Action Agenda of January 27, 1992. Motion carried 5-0. 120-50 2. INVESTMENT SCHEDULE AS OF DECEMBER 31, 1991 It was moved by Potts, seconded by Pontious, to receive and file subject report. Motion carried 5-0. 355-40 XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. I-5/AUTO CENTER DRIVE SIGN INSTALLATION Councilmember Edgar requested a status report at the next Council meeting regarding delay of the I-5/Auto Center Drive sign installation. 2. LIMIT JAIL CAPACITY - THEO LACY BRANCH JAIL FACILITY Councilmember Edgar requested a resolution supporting the City of Orange's position on maintaining jail capacity at Theo Lacy Branch Jail. 3. HELIPORTS Mayor Pro Tem Pontious requested General Plan review include heliports. CITY COUNCIL MINUTES Page 8, 2-3-92 4. ORANGE COUNTY HOUSING TASK FORCE Mayor Pro Tem Pontious reported on the first meeting of the Orange County Housing Task Force. S. OVERCHARGES - TRASH SERVICE Councilmember Potts requested a report at the next Council meeting on overcharging for trash services. 6. AUDIT COMMITTEE VACANCY Councilmember Prescott requested advertising to fill the vacancy on the Audit Committee.. 7. GRAFFITI REMOVAL - I-5 Councilmember Prescott reported Caltrans had removed graffiti at the I-5 freeway sites. 8. SHANNON SANDS, LOS ANGELES TIMES REPORTER Councilmember Prescott reported that Shannon Sands, Los Angeles Times reporter, was leaving the area. BV. ADJOURNMENT Mayor Puckett adjourned the meeting at 9:00 p.m. The next regular meeting of the City Council was scheduled for Tuesday, February 18, 1992, at 7:00 p.m. C RLES E. PUCKETT, MAYOR "tea 'C. - MARY E. i NN, CITF CLERK