HomeMy WebLinkAboutCC MINUTES 1991 08 19MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA
AUGUST 19, 1991
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 Mayor Puckett.
III. ROLL CALL
IV.
Council Present: Charles E. Puckett, Mayor
Leslie Anne Pontious, Mayor Pro Tem
Richard B. Edgar
Jim Potts
Council Absent: Earl J. Prescott
Others Present: William A. Huston, City Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Christine Shingleton, Assistant City Manager
Steve Foster, Captain, Police Department
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Royleen White, Dir./Community & Admin. Services
Susan Jones, Recreation Superintendent
Gary Veeh, Operations Services Manager
Rita Westfield, Asst. Dir./Com.Development
Valerie Whiteman, Chief Deputy City Clerk
Gary Magill, Recreation Supervisor
Melissa O'Neal, Recreation Supervisor
Randy Westrick, Recreation Supervisor
Approximately 20 in the audience
1. JAMES NIEMIEC - FORMER PARRS AND
Mayor Puckett read and presented a proclamation to former
Parks and Recreation Commissioner James Niemiec in recognition
of his services to the community.
James Niemiec thanked the Council and staff for the
recognition and offered future assistance to the City.
2. EDMUND SHAHEEN - FORMER PLANNING
Mayor Puckett read and presented a proclamation to former
Planning Commissioner Edmund Shaheen.
Edmund Shaheen thanked the Council, staff, and fellow Planning
Commissioners for the opportunity to serve the City.
COUNCIL BROADCASTS ON COMMUNITY CABLEVISION COMPANY
Mayor Puckett noted that Community Cablevision Company served the
Tustin area and broadcast the Council meetings live. The Mayor
telephoned Margarete Thompson for a report on the reception
quality.
V. PUBLIC HEARING
1. 1991-92 BUDGET
William Huston, City Manager, reported the State budget had
been adopted and outstanding issues affecting the City's
budget included the jail booking fee and property tax
collection fee. He summarized the estimated general fund
revenue and capital outlay reductions; and items requiring
Council funding decisions. He stated if the Council decided
to appropriate funds for the Consolidated Transportation
Agency, Feedback Foundation and/or community groups; general
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fund reserves should be used. He added that staff would
submit a recommendation to Council at a future date regarding
additional funding for the Southwest Neighborhood Improvement
Program.
Mayor Puckett opened the public hearing at 7:15 p.m.
The following members of the audience spoke in favor of
Feedback Foundation funding for fiscal year 1991/92:
Sharon Phelps, Operations Manager, Feedback Foundation
Nick Ogden, TLC Program
Ellen Jervis, Home Services Manager, Feedback Foundation
Muriel Nelson, Congregate Services Manager, TLC Program
Shirley Cohen, Executive Director, Feedback Foundation
The following member of the audience spoke on the 1991/92 City
budget:
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin
The following member of the audience spoke in favor of
Consolidated Transportation Service Agency funding for fiscal
year 1991/92:
Doug O'Keefe, Planning/Scheduling Manager, Orange County
Consolidated Transportation Service Agency:
There were no other speakers on the subject and the public
hearing was closed at 7:35 p.m.
Councilmember Edgar said he supported funding requests by the
Feedback Foundation and Consolidated Transportation Service
Agency and requested monthly reports for monitoring
expenditures and distribution of funds.
Mayor Pro Tem Pontious requested postponing discussion of
community non-profit group funding until either the State
resolved the issue of jail booking/property tax collection
fees; or until the mid -year budget review.
Councilmember Potts stated he supported the City's funding of
Feedback Foundation, which was a worthy cause.
Mayor Puckett commended the staff of the TLC program and said
he also supported the Consolidated Transportation System
Agency funding.
It was moved by Edgar, seconded by Pontious, to approve the
1991/92 budget, by adoption of the following Resolution No.
91-106, with inclusion of General Fund reserves in the amount
of $1,840 for Consolidated Transportation Service Agency;
$18,917 funding for Feedback Foundation with conditions 1, 2,
and 3 as recommended by staff in memorandum dated July 10,
1991; and decision for funding non-profit groups to be
deferred until State repeals jail booking/property tax
collection fees or until mid -year budget review:
RESOLUTION NO. 91-106 - 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 1991-92
Motion carried 4-0, Prescott absent. 50/330-50
VI. PUBLIC INPUT
1. FEEDBACK FOUNDATION FUNDING
Shirley Cohen, on behalf of the Feedback Foundation, thanked
the Council for their financial support.
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VII. CONSENT CALENDAR
Councilmember Edgar removed Item Nos. 8, 9, and 10 from the
Consent Calendar. It was moved by Potts, seconded by Pontious, to
approve the remainder of the Consent Calendar as recommended by
staff. Motion carried 4-0, Prescott absent.
1. APPROVAL OF MINUTES - AUGUST 5, 1991 REGULAR MEETING
Recommendation: Approve the City Council Minutes of August
5, 1991.
2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve Demands in the amount of
$1,107.022.45 and ratify Payroll in the amount of
$291,317.19. 50/380-10
3. RESOLUTION NO. 91-104 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE REPLACEMENT OF WATER MAINS ON THEODORA
DRIVE, LIVINGSTON AVENUE, LILLIAN WAY, CANDEDA PLACE, ROMANZA
PLACE, LEON PLACE AND LEON WAY, AND AUTHORIZING ADVERTISEMENT
FOR BIDS
Recommendation: Adopt Resolution No. 91-104 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. 86B/400-45
4. AWARD OF CONTRACT - CENTENNIAL PARK PLAY STRUCTURES
Recommendation: Award the contract for Centennial Park play
structures in the amount of $11,950 to Miracle Recreation
Equipment Company as recommended by the Community Services
Department. 77/920-15
.� 5. AWARD OF CONTRACT - FRONTIER PARK PLAY STRUCTURES
Recommendation: Award the contract for Frontier Park play
structures in the amount of $11,843 to Miracle Recreation
Equipment Company as recommended by the Community Services
Department. 77/920-30
6. PROFESSIONAL SERVICES AGREEMENT FOR THE AMAGANSET WAY STORM
DRAIN PROJECT BETWEEN NORTH TUSTIN CHANNEL (F12) AND ACACIA
DRIVE AREA
Recommendation: Authorize City staff to process a
Professional Services Agreement with Gong Enterprises, Inc.
for providing consulting engineering services for subject
project in the amount of $45,870.00 and authorize the
execution of the agreement by the Mayor and City Clerk as
recommended by the Public Works Department/Engineering
Division. 45/400-10
7. CLAIM NO. 91-13, ECKERLING V. CITY OF TUSTIN, COUNTY OF ORANGE
Recommendation: Authorize and direct the City Attorney's
office to defend the County of Orange and the City of Tustin
in subject matter as recommended by the City Attorney.
40/180-10
11. RESOLUTION NO. 91-105 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR SIDEWALK AND WHEELCHAIR RAMPS - SB 821
PROJECT, 1990-91 FY AND 1991-92 FY
Recommendation: Adopt Resolution No. 91-105 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. 86B/730-40
CONSENT CALENDAR NO. S - UTILITY AGREEMENT NO. 12145 WITH THE
STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR
RELOCATION OF EXISTING WATER MAIN TO ACCOMMODATE I-5 FREEWAY
WIDENING
Councilmember Edgar questioned if pipe sizes were increased when
replaced and received an affirmative response from staff.
It was moved by Edgar. seconded by Pontious, to authorize the
Mayor and City Clerk to execute subject agreement.
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Page 4, 8-19-91
Motion carried 4-0, Prescott absent. 45/400-75
CONSENT CALENDAR NO. 9 - RESOLUTION NO. 91-107 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR SLURRY SEAL PROJECT 1989-90 FY AND
1990-91 FY AND AUTHORIZING ADVERTISEMENT FOR BIDS 86B/400-45
CONSENT CALENDAR NO. 10 - AWARD OF CONTRACT FOR ASPHALT CONCRETE
REHABILITATION AND OVERLAY PROJECT, 1989-90 FY AND 1990-91 FY
Councilmember Edgar stated that the estimated cost for Consent
Calendar Item Nos. 9 and 10 equaled approximately $500,000 and the
budgeted figure was approximately $1 million. He questioned what
was planned for the balance of the budgeted amount.
Robert Ledendecker, Director of Public Works, replied that an
undetermined third public works project would receive the balance
of the funds.
Council/staff discussion followed regarding which project would
receive the balance; diverting funds to street rehabilitation;
maintenance requirements under Proposition 111 and Measure M; time
frame for the third project; and average life of street slurry
seal and asphalt overlay.
It was moved by Edgar, seconded by Potts, to adopt the following
Resolution No. 91-107:
RESOLUTION NO. 91-107 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
SLURRY SEAL PROJECT 1989-90 FY AND 1990-91 FY AND AUTHORIZING
ADVERTISEMENT FOR BIDS
Motion carried 4-0, Prescott absent.
It was moved by Edgar, seconded by Potts, to award the subject
contract to R. J. Noble Company of Orange in the amount of
$368,042.85 for subject project.
Motion carried 4-0, Prescott absent. 86B/400-45
VIII. ORDINANCES FOR INTRODUCTION - None
IS. ORDINANCES FOR ADOPTION
1. ORDINANCE NO. 1075 - ZONING ORDINANCE AMENDMENT 91-01
It was moved by Edgar, seconded by Potts, that Ordinance No.
1075 have second reading by title only. Motion carried 4-0,
Prescott absent.
Following second reading by title only of Ordinance No. 1075
by the City Clerk, it was moved by Edgar, seconded by
Pontious, that the following Ordinance No. 1075 be passed and
adopted:
ORDINANCE NO. 1075 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT 91-01, AN AMENDMENT TO MOBILE HOME PARK
REQUIREMENTS, EXEMPTING CERTAIN PARCELS FROM NONCONFORMING
STATUS RELATED TO DENSITY WHEN THE NONCONFORMITY IS A RESULT
OF ACQUISITION OF PUBLIC RIGHTS-OF-WAY BY A PUBLIC AGENCY
Motion carried 4-0, Prescott absent (roll call vote). 109/610-70
X. OLD BUSINESS - None
XI. NEW BUSINESS
1. BUILDING PERMIT PROCESS
Rita Westfield, Assistant Director of Community Development,
summarized improvements for customer service during processing
of building permits: customer service evaluation forms; a
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back-up planner/building technician for counter assistance;
single family residential design review; 3-day/quick plan
check; over the counter permits; plan check appointments;
standard plan detail; development standards handout;
department computer network/permit automation system; code
amendment; an additional plan checker position recruitment;
and fee adjustments.
r Council/staff discussion followed regarding applicant letters
of risk; updating application forms/check lists; scheduling
process goal dates; effect of special interest requests upon
goal dates; and compilation of citizen evaluation forms.
It was moved by Edgar, seconded by Potts, to receive and file
subject report; staff to submit customer service evaluation
form analysis by the end of September.
Motion carried 4-0, Prescott absent. 81/710-85
2. ORAL REPORT - TILLER DAYS 1991
Jim Carr, representing Tiller Days Committee, reported that
the 1991 Tiller Days would offer more entertainment for
children, a larger car show, superior parade awards, and
improved musical entertainment. on behalf of the Tiller Days
Committee, Mr. Carr requested a $6,000 contribution for this
year's fair. He also thanked the City and staff for their
continued cooperation and support.
Council/speaker discussion followed regarding carnival service
fees.
It was moved by Potts, seconded by Pontious, to approve the
budgeted amount of $6,000 for Tiller Days funding.
Motion carried 4-0, Prescott absent.
3. YOUTH ISSUES COMMITTEE
41/125-70
Mayor Pro Tem Pontious requested Gwen Ferguson and Kathy
DeMayo serve with her on the Youth Issues Committee. She
stated that school district representatives included Gloria
Tuchman, Susan Welsh, and Linda Hay. She said this Committee
would make specific recommendations regarding public policy,
budgeting, facilities, and fund raising efforts to improve the
quality of life for Tustin's youth.
It was moved by Pontious, seconded by Edgar, to appoint Gwen
Ferguson and Kathy DeMayo to serve as City representatives on
the Joint Youth Issues Committee.
Motion carried 4-0, Prescott absent.
4. COMPENSATION - ELECTED CITY CLERK
41/125-85
William Huston, City Manager, reported that the elected City
Clerk's current compensation was $200 per month and was last
adjusted in March, 1988, and stated the compensation was not
restricted to any specific formula. The past practice had
been to adjust the compensation using the same formula that
State law prescribed for the Council, which would bring the
compensation to $227 per month.
It was moved by Edaar, seconded by Pontious, to increase the
elected City Clerk compensation to $227 per month effective
September 1, 1991.
Motion carried 4-0, Prescott absent. 37/430
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XII. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - AUGUST 12j, 1991
It was moved by Pontious, seconded by Edgar, to ratify the
Planning Commission Action Agenda of August 12, 1991.
Motion carried 4-0, Prescott absent. 80/120-50
2. SOLID WASTE COLLECTION FEES
Councilmember Edgar pointed out that county solid waste
collection fees for single family residences were $6.67 more
each quarter than the City of Tustin's rates.
It was moved by Edgar, seconded by Potts, to receive and file
subject report.
Motion carried 4-0, Prescott absent. 102/830-50
3. SUMMER YOUTH SPORTS PROGRAMS STATUS REPORT
Councilmember Potts was pleased with the summer basketball
program attendance and hoped the soccer program would expand
its attendance next year. He encouraged the Youth Issues
Committee to promote sports programs in the Southwest
Neighborhood area.
Mayor Puckett stated the success of the programs was due to
the cooperation of the Boys and Girls Club and thanked them
for their assistance.
It was moved by Pontious, seconded by Edgar, to receive and
file subject report.
Motion carried 4-0, Prescott absent.
4. WATER CONSERVATION UPDATE
41/1020-35
It was moved by Potts, seconded by Pontious, to receive and
file subject report.
Motion carried 4-0, Prescott absent.
S. CITIZEN COMPLAINT - EL CAMINO REAL
107/230-80
It was moved by Potts, seconded by Pontious, to receive and
file subject report.
Motion carried 4-0, Prescott absent. 86/x{ -40--.-(D
6. REQUEST FOR WALL CONSTRUCTION
Robert Ledendecker, Director of Public Works, reported that
he had been contacted by Mr. Palumbo who requested a concrete
block wall be constructed along the northerly side of Bryan
Avenue, however, he had also expressed that landscaping
shrubbery would be acceptable. Mr. Palumbo's main concern was
for the project to proceed immediately.
Council/staff discussion followed regarding landscaping the
area, and future construction of gas station and shopping
center.
It was moved by Potts, seconded by Pontious, to advertise for
bids for landscaping subject area.
Motion carried 4-0, Prescott absent.
XIII. PUBLIC INPUT - None
86B/400-45
950-10
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SIV. OTHER BUSINESS
1. LETTERS OF APPRECIATION - FINANCIAL SUPPORTERS
Councilmember Edgar complimented staff on the success of the
Concerts in the Park and requested letters of appreciation be
mailed to the financial supporters.
2. OLIVE TREE - IRVINE BOULEVARD
Councilmember Edgar requested an olive tree be planted on
Irvine Boulevard in the vicinity of Home Savings.
3. EXCESSIVE TRAIN WHISTLE NOISE
Councilmember Edgar stated he had received complaints
regarding train whistle noise from residents of Tustin Meadows
and requested a report outlining Public Utilities Commission
regulations regarding train whistle blowing.
4. RECLAIMED WATER - IRVINE RANCH WATER DISTRICT
Councilmember Edgar requested staff investigate utilizing
reclaimed water from the Irvine Ranch Water District for park
or new development area irrigation.
Robert Ledendecker, Director of Public Works, said that the
City had contacted the Irvine Ranch Water District several
years ago and at that time it was not economically feasible
for the City to pay for the pipeline installation; but because
of the recent drought conditions it may be practical at this
time.
Mayor Pro Tem Pontious stated that the Sanitation District was
interested in using a portion of the Marine Corps Air Station,
Tustin, for water reclamation, if the City of Tustin acquired
the land.
5. CHANGING OF COMMAND - MARINE CORPS AIR STATION, TIISTIN
Mayor Puckett said he attended the change of command at Marine
Corps Air Station, Tustin, on August 14, 1991, when Colonel
Paul Johnston relinquished his command to Colonel Thomas
Braaten. The Mayor pledged the City's support to Colonel
Braaten.
6. TIISTIN CHAMPIONSHIP TEAMS
Mayor Puckett reported that two local teams, Tustin Colt Team
and Tustin Softball All Stars, were victorious in championship
games.
7. TRAFFIC SURVEY - EAST TUSTIN
Councilmember Potts requested the traffic survey for East
Tustin be forwarded to the Tustin Ranch Homeowners'
Associations upon completion.
#" 8. HIRING CONSULTANT AS CITY EMPLOYEE
Councilmember Potts, referencing the Jamboree Road Project
Manager, questioned the feasibility of hiring consultants as
City employees as a cost saving method.
William Huston, City Manager, responded that the hourly rate
paid to the Project Manager was within industry standards; and
if a project was funded with federal monies, the Federal
Highway Administration mandated that the City hire an on-site
project manager as a part-time employee.
9. LEGAL FEE EXPENDITURES
Councilmember Potts requested a report listing the total City
expenditures for legal fees during the past two years; and
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Page 8, 8-19-91
requested staff obtain a copy of the City of Irvine report
regarding in-house legal services.
XV. CLOSED SESSION
XVI.
Mayor Puckett announced the City Council would recess to Closed
Session pursuant to Government Code Section 54956.9(a) to confer
with the City Attorney regarding pending litigation which has been
initiated formally and to which the City was a party. The title
of the litigation was Harris vs City of Tustin and the case number
was 624828.
Mayor Puckett adjourned the meeting at 8:50 p.m. The City Council
had scheduled a Sign Code Workshop with the Planning Commission on
August 20, 1991, at 5:30 p.m. at the Senior Center. The next
regular meeting of the City Council was scheduled for Tuesday,
September 3, 1991, at 7:00 p.m.
XVII. FOLLOWING CLOSED SESSION - HARRIS VS. CITY OF TUSTIN
It was moved by Edgar, seconded by Pontious, to authorize the City
Attorney to offer settlement in the amount of $15,000 in the
matter of Harris vs. City of Tustin (Case No. 624828).
Motion carried 4-0, Prescott absent.
CHARLES E. PUCKETT, MAYOR
MARY E. IgNNO C Y CLERK