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HomeMy WebLinkAboutCC MINUTES 1991 07 01MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JULY 1t 1991 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Puckett at 7:00 p.m. in the City Council Chamber, 300 Centennial Way. The Pledge of Allegiance was led by Councilmember Potts. M� II. INVOCATION The Invocation was given by Father MacCarthy, St. Cecilia's Catholic 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 Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Dana Kasdan, Engineering Services Manager Pablo Rodriguez, Field Services Manager Gary Veeh, Water Services Manager Susan Jones, Recreation Superintendent Valerie Whiteman, Chief Deputy City Clerk Katie Pitcher, Administrative Assistant Approximately 30 in the audience IV. PROCLAMATION - PARKS AND RECREATION MONTH Mayor Puckett read and presented a proclamation to members of the Parks and Recreation Commission proclaiming July as Parks and Recreation Month. Sam Randall and James Kane, Parks and Recreation Commission members, accepted the proclamation on behalf of the Parks and Recreation Commission, staff, and volunteers. They thanked the Council for their continued support and invited everyone to the 4th of July Celebration at Tustin High School and the upcoming Concerts in the Park at Peppertree Park. V. PUBLIC HEARINGS 1. PRELIMINARY DRAFT OF CITY OF TUSTIN SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT Christine Shingleton, Assistant City Manager, reported the City of Tustin's Source Reduction and Recycling Element and Household Hazardous Waste Element drafts were prepared in accordance with the requirements of Assembly Bill (AB) 939 and were specifically intended to improve the quality of the environment through implementation of programs designed to reduce refuse and other solid waste. She stated comments received from workshops and the County local task force would be incorporated in the final documents to be completed in September. Gene Sampling, R. W. Beck, summarized the Source Reduction and Recycling Element including: waste characterization; source reduction; recycling; composting; special waste; education and public information; disposal facility capacity; funding; and integration. Mayor Puckett opened the public hearing at 7:15 P.M. There were no speakers on the subject and the public hearing was closed. CITY COUNCIL MINUTES Page 2, 7-1-91 Council/staff/consultant discussion followed regarding program implementation dates; composting; program funding; diversion; yard waste; and scavenging citations. Mayor Puckett said he was pleased with the implementation of the recycling program. Councilmember Prescott said he believed it was the best program in Orange County. Councilmember Potts questioned if the City had investigated recycling paint for graffiti removal. Christine Shingleton, Assistant City Manager, responded that a report regarding recycled paint would be presented to the Council at a future meeting. It was moved by Edgar, seconded by Prescott, to approve staff recommendation: open the Public Hearing and request testimony and comments from the public regarding the Preliminary Draft of the Source Reduction and Recycling Element and the Household Hazardous Waste Element. Motion carried 5-0. 830-40/102 2. EMINENT DOMAIN HEARING - ACQUISITION OF REAL PROPERTY (ASSESSOR'S PARCEL NO. 401-582-02/PERFIT PROPERTY) Councilmember Prescott stated he had an interest in property at 220 E. Main Street and would abstain on this issue. James Rourke, City Attorney, reported this hearing was restricted under eminent domain law to receive testimony regarding the following issues: whether public interest and —, necessity required the project; the project was planned or located to be most compatible with the greatest public good and least private injury; and the property was necessary for the project. Mayor Puckett opened the public hearing at 7:30 p.m. The following member of the audience spoke in opposition to acquisition of the Perfit property: Michael Baruch, 12100 Wilshire Blvd. #935, Los Angeles James Rourke explained that acquisition of the property was necessary for expansion of the City's Water Services Plant which is contiguous to the Perfit property. He 'stated expansion plans included construction of a reservoir and an additional well. 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 Pontious, to adopt the following Resolution No. 91-90: RESOLUTION NO. 91-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE ACQUISITION OF _ CERTAIN REAL PROPERTY AND THE EXPENDING OF FUNDS THEREFOR IN THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS (ASSESSOR'S PARCEL NO. 401-582-02/PERFIT PROPERTY) Councilmember Potts clarified that the City was adequately compensating Ms. Perfit for acquisition of her property and stated it was a necessity to expand the Water Services Plant under the current drought conditions. Councilmember Edgar said that a reservoir was essential to contain the water from the nitrate removal facility. He stated that the Perfit property had been for sale for the past several years and the City had given Ms. Perfit a fair price. CITY COUNCIL MINUTES Page 3, 7-1-91 As an addition to the motion, it was requested that receipt of a letter from Jeff R. Thompson dated June 27, 1991, be noted for the record. Motion carried 4-0, Prescott abstained. 490-50/85 VI. PUBLIC INPUT - None VII. CONSENT CALENDAR Items No. 1 and 9 were removed from the Consent Calendar by Councilmembers Prescott and Potts. It was moved by Edaar, seconded by Potts, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,972,238.35 and ratify Payroll in the amount of $288,810.72. 380-10/50 3. REJECTION OF CLAIM NO. 91-25 - CLAIMANTS, MARTIN BALDERA AND MARIA LEDEZMA; DATE OF LOSS, 5/5/91; DATE FILED WITH CITY, 5/30/91 Recommendation: Reject subject claim for general damages in the amount of $100,000.00 as recommended by the City Attorney. 180-10/40 4. ACCEPTANCE OF PUBLIC IMPROVEMENTS - PARCEL MAP NO. 90-104 Recommendation: Accept the public improvements within Parcel Map No. 90-104 and authorize the release of the following subdivision public improvement bonds: Faithful Performance Bond No. 204754S - $130,000.00; Labor and Materials Bond No. 2047545 - $65,000.00; and Monumentation Bond No. 2047565 - $2,320.00 as recommended by the Public Works Department/ Engineering Division. 600-45/99 S. ANNUAL AGREEMENT TO PROVIDE SPECIAL DISTRICT ADMINISTRATIVE CONSULTING AND RELATED SERVICES Recommendation: Authorize the City Manager to execute an agreement with Muni Financial Services, Inc. to provide administrative services and consulting for the City of Tustin Special Assessment Districts as recommended by the Finance Department. 400-10/45 6. RESOLUTION NO. 91-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE CITY TREASURER/FINANCE DIRECTOR TO INVEST MONIES WITH THE COUNTY OF ORANGE TREASURER'S COMMINGLED INVESTMENT POOL Recommendation: Adopt Resolution No. 91-94 authorizing the Finance Director/City Treasurer to deposit surplus City funds in the Orange County Treasurer's Commingled Investment Pool as recommended by the Finance Department. 355-OS/50 7. REJECTION OF CLAIM NO. 91-26 - CLAIMANT, VICTORIA STEPHENSON; DATE OF IHSS, 5/23/91; DATE FILED WITH CITY, 6/3/91 - Recommendation: Reject subject claim for personal injury damages in the amount of $850.56 as recommended by the City Attorney. 180-10/40 8. REJECTION OF CLAIM NO. 91-23 - CLAIMANT, GENE STEWART; DATE OF LOSS, 5/9/91; DATE FILED WITH CITY, 5/15/91 Recommendation: Reject subject claim for property damage in the amount of $570.24 as recommended by the City Attorney. 180-10/40 10. RESOLUTION NO. 91-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MAGNOLIA TREE PARK PLAY STRUCTURES Recommendation: Accept the public improvements installed by Miracle Recreation Equipment Company at Magnolia Tree Park by adopting Resolution No. 91-93 and authorizing the City Clerk to record the Notice of Completion as recommended by the Community Services Department. 920-50/77 CITY COUNCIL MINUTES Page 4, 7-1-91 11. ADVERTISEMENT FOR BIDS, FRONTIER PARR PLAY STRUCTURES Recommendation: Approve specifications for construction of play equipment at Frontier Park and direct the City Clerk to advertise for bids as recommended by the Parks and Recreation Commission and the Community Services Department. 920-30/77 12. UTILITY AGREEMENTS NO. 12011 AND 12088 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR RELOCATION OF EXISTING WATER MAINS TO ACCOMMODATE I-5. FREEWAY WIDENING Recommendation: Authorize the Mayor and City Clerk to execute subject agreements as recommended by the Public Works Department/Engineering Division. 400-75/45 13. AUTHORIZATION TO ADVERTISE FOR BIDS FOR REPLACEMENT OF PLAY EQUIPMENT AT CENTENNIAL PARR Recommendation: Approve specifications for replacement of play equipment at Centennial Park and direct the City Clerk to advertise for bids as recommended by the Parks and Recreation Commission and the Community Services Department. 920-15/77 14. REJECTION OF CLAIM NO. 91-27 - CLAIMANT, KENNETH LORITZ; DATE OF LOSS, 12/14/90; DATE FILED WITH CITY, 6/5/91 Recommendation: Reject subject claim for property and personal injury damages in the amount of $80,400.00 as recommended by the City Attorney. 180-10/40 15. REJECTION OF CLAIM NO. 91-28 - CLAIMANT, STEVE BELLOISE; DATE OF LOSS, 3/17/91; DATE FILED WITH CITY, 6/6/91 Recommendation: Reject subject claim for personal injury damages of an undetermined amount as recommended by the City Attorney. 180-10/40 CONSENT CALENDAR NO. 1 - APPROVAL OF MINUTES - JUNE 17, 1991 REGULAR MEETING It was moved by Prescott. seconded by Potts, to approve the June 17, 1991 Regular Meeting Minutes as corrected by the City Clerk. Motion carried 5-0. CONSENT CALENDAR NO. 9 - STREET SWEEPING PARKING PROHIBITORS Councilmember Potts noted there were no signs prohibiting parking on street sweeping days in Tustin Ranch and questioned if the police department could issue warnings to parked vehicles. William Huston, City Manager, replied that the residents could be notified of the street sweeping schedule; but if the residents wanted "No Parking" signs posted, a petition process was required. It was moved by Potts, seconded by Pontious, to change the hours of parking restriction from 9:00 A.M. to 1:00 P.M. to 8:00 A.M. to 12:00 P.M. and a change of designated days of sweeping for certain streets as outlined in this report to accommodate the schedule as prepared by Arroyo Seco Associates, Inc., and for all future citizen requests for parking prohibitions to conform to street sweeping schedules. Motion carried 5-0. 730-65/86 VIII. ORDINANCES FOR INTRODUCTION - None IX. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 1074 - COUNCIL COMPENSATION It was moved by Edgar, seconded by Pontious, that Ordinance No. 1074 have second reading by title only. Councilmember Potts stated that he believed the Council deserved compensation, but had wanted this issue put on the April ballot for voter approval. CITY COUNCIL MINUTES Page 5, 7-1-91 Motion _carried 5-0. Following second reading by title only of Ordinance No. 1074 by the City Clerk, it was moved by Edgar. seconded by Pontious, that the following Ordinance No. 1074 be passed and adopted: ORDINANCE NO. 1074 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUNCIL COMPENSATION Councilmember Edgar said that the State identified the level of compensation for cities and he supported that process. Motion carried 3-2, Potts and Prescott opposed (roll call vote). X. OLD BIISINE88 - None 420-05/38 %I. NEW BUSINESS 1. CITY OF IRVINE BUS STOP SHELTERS Katie Pitcher, Administrative Assistant, gave a report on the City of Irvine bus shelters highlighting advertising displays, maintenance costs, location restrictions, construction materials, size and placement. She stated the City Sign Code prohibited placement of advertising on bus benches in the public right-of-way; however, the Sign Code was being reviewed by the Planning Commission. At the Council's request, this issue could be referred to the Planning Commission for review and recommendation. Councilmember Edgar said that in the past the City considered bus bench advertising as a form of sign pollution and he continued to support that concept. Councilmember Prescott stated he believed bus shelters were a necessity for waiting passengers, were more attractive than bus benches, could generate revenue, and would be maintained by the advertising display bus shelter companies. He was in favor of the Planning Commission reviewing this subject.. Mayor Pro Tem Pontious said she did not want to see increased signage in Tustin, but the shelters were an improvement upon bus benches and would encourage bus usage. She wanted a recommendation from the Planning Commission. Councilmember Potts stated that providing shelter could encourage bus usage and wanted the Planning Commission to review this issue. It was moved by Pontious, seconded by Prescott, to refer this issue to the Planning Commission for their study and recommendations. Motion carried 5-0. 690-35/86 2. REQUEST FOR CURB AND GUTTER INSTALLATION - CALIFORNIA STREET Dana Kasdan, Engineering Services Manager, reported that Mr. Santori had submitted a petition at the June 17, 1991 Council meeting requesting curb and gutter installation on California Street. He stated this project had been included in the capital improvement budget for the past 5 years, but it had been delayed each year due to competition for funding by other projects deemed a higher priority. He summarized the improvements and cost estimate for the project, which were not included in the 1991/92 capital improvement budget. Councilmember Prescott stated this was the only residential street in the City without a curb and gutter. Councilmember Potts questioned if this project could be funded with Redevelopment Agency funds. CITY COUNCIL MINUTES Page 6, 7-1-91 Christine Shingleton, Assistant City Manager, replied the project was outside the Redevelopment Agency area. Mayor Pro Tem Pontious requested committing funds to complete the project during the first quarter of the 1992/93 fiscal year. William Huston, City Manager, replied the Council should affirm the commitment at the budget workshop and include money for design of the project in the 1991/92 budget. Councilmember Edgar said he supported this project for the 1992/93 budget year; and requested a review process be implemented for projects recurring on the capital improvement program for a number of years. Councilmember Prescott suggested continuing this item. The following member of the audience spoke in opposition to delaying installation of a curb and gutter on California Street until the 1992/93 budget year: George Santori, 450 W. 3rd Street, Tustin It was moved by Pontious seconded by Edgar, to include the design funding in the 1991/92 budget; and commit funding for construction during the first quarter of 1992/93. Motion carried 5-0. XII. REPORTS 1. 2. 3. 4. PLANNING COMMISSION ACTION AGENDA - JUNE 24, 1991 730-05/86 It was moved by Potts, seconded by Edgar, to ratify the Planning Commission Action Agenda of June 24, 1991. Motion carried 5-0. CITIZEN CONCERN - FIRE HYDRANT PAINTING 120-50/80 It was moved by Edgar, seconded by Pontious, to receive and file subject report. Motion carried 5-0. WATER CONSERVATION PROGRAM STATUS REPORT 260-35/51 It was moved by Potts, seconded by Edgar, to receive and file subject report. Motion carried 5-0. INVESTMENT SCHEDULE AS OF MAY 31, 1991 230-80/107 It was moved by Pontious seconded by Edgar, to receive and file subject report. Motion carried 5-0. XIII. PUBLIC INPUT 1. LEFT -TURN ARROW SIGNALS 355-40/50 Anthony Trujillo, 2001 Kingsboro Circle, Tustin, complained that staff had not adequately responded to his concerns regarding left -turn arrow signals. William Huston, City Manager, responded that staff would contact Mr. Trujillo and set up an appointment to meet with the traffic engineer. Councilmember Potts suggested, that because local authorities cannot change a State law, Mr. Trujillo should take his concern to the State level. r-• CITY COUNCIL MINUTES Page 7, 7-1-91 XIV. OTHER BUSINESS 1. UPDATING POPULATION FIGURE Councilmember Edgar complimented staff on expeditiously updating the population figure of 52,145 on City entry and freeway signs. 2. UPDATE - STATUS ON PROPERTY AT EL CAMINO/NEWPORT Councilmember Edgar requested an update on the contamination status of property located at E1 Camino/Newport. Christine Shingleton, Assistant City Manager, responded that the County of Orange was close to approving the remediation plan and staff could then proceed. 3. UPGRADE QUALITY OF COUNCIL MEETING Councilmember Edgar requested Continental Cablevision upgrade the quality of City Council meeting broadcasts. 4. CITY RESPONSIBILITIES - CHILD DAY CARE ACCIDENTS Councilmember Edgar requested a report on the degree of City responsibility involved in child day care accidents. S. 4TH OF JULY Councilmember Edgar and Mayor Pro Tem Pontious invited everyone to Northrup Field Thursday night for the 4th of July celebration. 6. BLOCK GRANT FUNDS - BOYS AND GIRLS CLUB Councilmember Potts requested staff investigate use of block grant funds to assist the Boys and Girls Club. 7. LIGHT POLES - TUSTIN RANCH Councilmember Potts said he contacted Southern California Edison regarding repair of leaning light poles in Tustin Ranch. 8. MAN AND WOMAN OF THE YEAR Councilmember Prescott and Mayor Puckett congratulated James Kane and Jill Leach on being named Man and Woman of the Year. 9. TUSTIN HIGH SCHOOL GRADUATION Mayor Puckett commended the Tustin High School Grad Nite Committee, parents, and volunteers on providing safe graduation activities. XV. ADJOURNMENT Mayor Puckett adjourned the meeting at 8:05 P.M. A budget workshop was scheduled for Monday, July 15, 1991, at 5:30 p.m. The next regular meeting of the City Council was scheduled for Monday. Julv 15, 1991, at 7:00 p.m. MARY E. CI CLERK