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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 CITY COUNCIL MINUTES Page 2, 8-19-91 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. CITY COUNCIL MINUTES Page 3, 8-19-91 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. CITY COUNCIL MINUTES 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 CITY COUNCIL MINUTES Page 5, 8-19-91 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 CITY COUNCIL MINUTES Page 6, 8-19-91 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 CITY COUNCIL MINUTES Page 7, 8-19-91 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 CITY COUNCIL MINUTES 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