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Home My WebLink AboutCC MINUTES 1991 03 04I. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MARCH 41 1991 CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Edgar. . II. INVOCATION The Invocation was given by Rev. Jeannette Hedge, Unity Church of Truth. III. ROLL CALL Council Present: Richard B. Edgar, Mayor Charles E. Puckett, Mayor Pro Tem Leslie Anne Pontious 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, Dir./Community Development W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Rita Westfield, Asst. Dir./Community Development Gary Veeh, Water Services Manager Mike Martin, Water Services Engineer Susan Jones, Recreation Superintendent Paula Rankin, Associate Planner Valerie Whiteman, Chief Deputy City Clerk Approximately 60 in the audience IV. PROCLAMATION - 25TH ANNIVERSARY OF BOYS AND GIRLS CLUB Mayor Edgar read and presented a proclamation to the Boys and Girls Club in recognition of their 25th anniversary. Cliff Polston, Boys and Girls Club Director, thanked the Council, City, and the Club's Board of Directors for their support during the past 25 years. Mayor Pro Tem Puckett said the Boys and Girls Club was very fortunate to have Cliff Polston as the Executive Director. V. PUBLIC HEARINGS 1. VACATION AND ABANDONMENT OF A PORTION OF AUTO CENTER DRIVE Robert Ledendecker, Director of Public Works, reported this Public Hearing was being conducted to consider vacation of two segments of Auto Center Drive which were surplus property as a result of the street extension for additional auto dealerships. Mayor Edgar 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 Potts, seconded by Pontious, to adopt the following Resolution No. 91-33, and to authorize the Mayor to execute Corporation Quitclaim Deeds: RESOLUTION NO. 91-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING VACATION OF A PORTION OF AUTO CENTER DRIVE ADJACENT TO PARCELS 6 AND 7 OF PARCEL MAP 84- 1032 AS PER MAP FILED IN BOOK 200, PAGES 19 THROUGH 24 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA Motion carried 5-0. 105 CITY COUNCIL MINUTES Page 2, 3-4-91 2. URBAN WATER MANAGEMENT PLAN Mike Martin, Water Services Engineer, reported that California Assembly Bill No. 797 (AB 797) required state -mandated local water management programs to achieve conservation and efficient use of itswatersupplies. Staff prepared the Urban Water Management Plan and Resolution No. 91-27 in accordance with requirements of AB 797. Mayor Edgar opened the Public Hearing at 7:10 p.m. Anthony Trujillo, 2001 Kingsboro Circle, Tustin, questioned the water cutback percentages quoted by the media. Mayor Edgar explained that the Urban Water Management Plan did not contain mandatory water reductions but was developed as a City operation guideline. There were no other speakers on the subject and the Public Hearing was closed at 7:12 p.m. It was moved by Pontious, seconded by Puckett, to adopt the following Tustin Water Service Urban Water Management Plan (Resolution No. 91-27), and order that said Plan be filed with the State of California Department of Water Resources: RESOLUTION NO. 91-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN URBAN WATER MANAGEMENT PLAN Motion carried 5-0. 3. ZONE CHANGE 90-05 - WESTERN NEURO CARE 107 Paula Rankin, Associate Planner, reported the applicant, Western Neuro Care, was proposing an outpatient medical facility at 621 West First Street. Currently the designated land use was Commercial as a primary use, and Hotel as a secondary use; the applicant was requesting a zone change to Office as an additional secondary land use in order to establish professional medical offices. Council/staff discussion followed regarding exterior improvements to the building. Mayor Edgar opened the Public Hearing at 7:15 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Puckett, seconded by Pontious, to certify the Negative Declaration for the project by adopting the following Resolution No. 91-32: RESOLUTION NO. 91-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 90-05 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Motion carried 5-0. It was moved by Potts, seconded by Puckett, that Ordinance No. 1061 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1061 by the City Clerk, it was moved by Puckett, seconded by Potts, that the following Ordinance No. 1061 be introduced: ORDINANCE NO. 1061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 90-05, A REQUEST TO AMEND THE FIRST STREET SPECIFIC PLAN TO INCLUDE "OFFICE" AS AN ADDITIONAL SECONDARY LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT 621 WEST FIRST STREET Motion carried 5-0. 109 CITY COUNCIL MINUTES Page 3, 3-4-91 4. ORDINANCE NO. 1060 - ADOPTING A WATER MANAGEMENT PROGRAM Gary Veeh, Water Services Manager, reported proposed Ordinance No. 1060 would allow the City to enforce a water conservation program to reduce the quantity of water used by Tustin Water Service customers and conserve the water supplies to avoid:or minimize the effects of any future shortages. The Ordinance did not contain provisions for mandatory water reductions. Council/staff discussion followed regarding voluntary conservation results, Metropolitan Water District's required mandatory rationing and penalties, possible State imposed rationing, and coordination with the Irvine Ranch Water District. Mayor Edgar opened the Public Hearing at 7:20 p.m. The following member of the audience spoke in opposition to proposed Ordinance No. 1060: Anthony Trujillo, 2001 Kingsboro Circle, Tustin Council/staff/speaker discussion followed regarding desalinating sea water. Stephanie Nelson, 14602 Cheshire Place, Tustin, requested clarification on the Ordinance's 5 -phase program for the reduction of water usage. Mayor Edgar responded that the Ordinance identified ways to avoid wasting water and would implement standards of compliance. William Huston, City Manager, added that the proposed mandatory rationing program would be introduced under New Business No. 1, Proposed Water Rationing Plan, and a public hearing was scheduled on that subject for the March 18 City Council meeting. There were no other speakers on the subject and the Public Hearing was closed at 7:30 p.m. It was moved by Potts, seconded by Prescott, that Ordinance No. 1060 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1060 by the City Clerk, it was moved by Prescott, seconded by Pontious, that the following Ordinance No. 1060 be introduced: ORDINANCE NO. 1060 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE NECESSITY FOR AND ADOPTING A WATER MANAGEMENT PROGRAM Motion carried 5-0. VI. PUBLIC INPUT 1. "BREAKING BREAD" UPDATE 107 Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin, gave a progress report on the "Breaking Bread" food drive for military families. 2. SUPPORT OF MILITARY TROOPS Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, encouraged the community to continue their support of military troops. 3. ORANGE STREET SIDEWALK INSTALLATION Alice Acosta, 13851 N. Orange, Tustin, expressed concern that installation of sidewalks would reduce her property line by six feet. She also requested installation of one storm drain fronting her property and the other be installed at Bonita/Orange Streets. 3l CITY COUNCIL MINUTES Page 4, 3-4-91 Staff stated they would meet with Ms. Acosta and investigate both situations. 4. HOMECOMING EVENTS FOR RETURNING ARMED FORCES Larry Bales, 2264 Juniper, Tustin, requested the City participate in and/or plan homecoming events for troops returning from the Persian Gulf War. Mayor Edgar directed staff to investigate possible activities. 5. POLLUTION CAUSED BY LEFT -TURN TRAFFIC SIGNALS Anthony Trujillo, 2001 Kingsboro Circle, Tustin, stated there were an abundance of left -turn red arrows at traffic signals in the City which contributed to air pollution. Robert Ledendecker, Director of Public Works, stated the traffic engineer would meet with Mr. Trujillo and review the signals in question. VII. CONSENT CALENDAR It was moved by Puckett, seconded by Pontious, to approve the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - FEBRUARY 19, 1991 REGULAR MEETING Approved the City Council Minutes of February 19, 1991. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Approved Demands in the amount of $938,536.03 and ratified Payroll in the amount of $280,442.04. 50 3. REJECTION OF CLAIM NO. 91-02 - CLAIMANT, STEVE RUHLAND; DATE OF —i LOSS -12/11/90; DATE FILED WITH CITY, 1/15/91 Rejected subject claim for property damages of an undetermined amount. 40 4. REJECTION OF CLAIM NO. 90-35 - CLAIMANT, JOHN HUTCHERSON; DATE OF LOSS, 8/13/90; DATE FILED WITH CITY, 10/11/90 Rejected subject claim for property damages in the amount of $329.00. 40 5. NAME PROPOSAL - NEIGHBORHOOD PARK TRACT 12763 IN TUSTIN RANCH Adopted name of Laurel Glen Park for the three acre Neighborhood Park in Tract 12763. 77 6. RESOLUTION NO. 91-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENTS AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (CONSTRUCTION OF TRAFFIC SIGNAL SYSTEM IMPROVEMENTS ON IRVINE BOULEVARD, NEWPORT AVENUE, EDINGER AVENUE AND RED HILL AVENUE) Adopted Resolution No. 91-35 accepting said work and authorized the recordation of the Notice of Completion. 86B 7. AWARD OF CONTRACT - ELECTRIC UTILITY SERVICE CONVERSIONS AT 14462 RED HILL AVENUE AND 14421 RED HILL AVENUE Awarded contract to Brewster Electric of Anaheim, California, _ in the amount of $4,641.37. 86B VIII. ORDINANCE FOR INTRODUCTION 1. ORDINANCE NO. 1058 - REVISED DATES OF TERMINATION OF TERMS FOR CITY COMMISSIONS AND COMMITTEES It was moved by Potts, seconded by Pontious, that Ordinance No. 1058 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1058 by the City Clerk, it was moved by Potts, seconded bV Pontious, that the following Ordinance No. 1058 be introduced: CITY COUNCIL MINUTES Page 5, 3-4-91 n»IX. X. ORDINANCE NO. 1058 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE REGARDING THE APPOINTMENT AND TERMS OF MEMBERS OF THE PARKS AND RECREATION COMMISSION, AUDIT COMMITTEE, CULTURAL RESOURCES ADVISORY COMMITTEE AND PLANNING COMMISSION Motion carried 4-1, Prescott opposed. 28 FOR ADOPTION 1. ORDINANCE NO. 1051 - PARKWAY TREES AND SHRUBS It was moved by Potts, seconded by Pontious, that Ordinance No. 1051 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1051 by the City Clerk, it was moved by Potts, seconded by Pontious, that the following Ordinance No. 1051 be passed and adopted: ORDINANCE NO. 1051 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO PARKWAY TREES AND SHRUBS Motion carried 5-0 (roll call vote). OLD BUSINESS 1. UNDERGROUNDING OF OVERHEAD UTILITIES W. It was moved by Puckett, seconded by Prescott, to approve .the prioritized project list for the undergrounding of overhead utilities with the utilization of Edison Company Rule 20A monies. Motion carried 5-0. 2. VEHICLE PARKING AT CAMINO REAL PARK 104 Robert Ledendecker, Director of Public Works, reported that staff developed two alternatives regarding parking at Camino Real Park: 1) Two on -street parking spaces; and 2) Two parking spaces in a recessed bay. Both alternatives would be located on Parkcenter Lane, between Pima and Parkview Way, and would include one handicapped parking space and one loading/unloading space. He stated the recessed parking bay would be the safest alternative. Council/staff discussion followed regarding parking on both sides of Parkcenter Lane, parking on E1 Camino Real, time limited parking, cost for the construction, installation of parking spaces between street lights, and parallel parking versus angle parking. Mayor Pro Tem Puckett stated he was originally opposed to on - street parking, but had been contacted by several residents who favored parking at all City parks. He had reconsidered and felt bay parking on Parkcenter Lane would be in the best interest of the public and would also consider proposed parking on E1 Camino Real. Mayor Edgar expressed his desire to provide two to three parking spaces and endorsed limited -time parking at the park. The following member of the audience spoke in favor of on -street parking at Camino Real Park: Don Biery, 1792 Lance Drive, Tustin Councilmember Potts stated he wanted to obtain bids to provide recessed bay parking between the street lights on E1 Camino Real; and proceed with handicapped parking and loading/unloading spaces on Parkcenter Lane. CITY COUNCIL MINUTES Page 6, 3-4-91 It was moved by Potts, seconded by Puckett, to approve one handicapped space and one loading/unloading space on the street adjacent to the existing curb on Parkcenter Lane; and direct staff to submit a proposal/cost analysis for additional parking spaces on E1 Camino Real at the March 18 meeting. Council/staff discussion followed regarding general purpose parking spaces and the bid process. Motion carried 5-0. 77 XI. NEW BUSINESS 1. PROPOSED WATER RATIONING PLAN Gary Veeh, Water Services Manager, reported the water situation throughout the state was very grim and the Metropolitan Water District (MWD) had now invoked Stage 6 of their Incremental Interruption and Conservation Program, which would require a 30% reduction in purchases from MWD and a 9% reduction in Tustin water use. Councilmember Prescott suggested establishing marketable water rights which could help reduce the City's consumption by 15% by allowing residents to voluntarily sell 30% to 40% of their water usage from the previous year. William Huston, City Manager, stated the City's Water Rationing Plan proposed: a percentage reduction of usage determined by the consumer's base year, a monitoring system, and an appeal process. The City did not have the personnel, software, or funding to administer different rationing programs. Mayor Edgar stated it was critical for the City to proceed with — planning. He wanted staff to return at the next meeting with a completed plan. The following members of the audience spoke regarding the proposed Rationing Plan: Al Shifberg-Mencher, 16282 Main Street #3B, Tustin Janice Yoshida, 1951 Brookshire, Tustin Councilmember Pontious stated the City had planned for future planting of drought resistant trees/shrubbery and that information was available to the public. Mayor Pro Tem Puckett stated an appeal process would be included in the water rationing plan. It was moved by Puckett, seconded by Prescott, to direct staff to proceed with Alternative No. 2, a 15% consumer reduction, and submit an Ordinance for Council approval. Motion carried 5-0. 107 XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 25, 1991 It was moved by Puckett, seconded by Pontious, to ratify the Planning Commission Action Agenda of February 25, 1991. Motion carried 5-0. 80 2. MAIN STREET OVERHEAD UTILITY CONFLICT - STATUS REPORT It was moved by Prescott, seconded by Potts, to receive and file subject report. Motion carried 5-0. 104 CITY COUNCIL MINUTES Page 7, 3-4-91 3. TRAFFIC SIGNAL VISIBILITY - RED HILL AVENUE/EL CAMINO REAL It was moved by Edgar, seconded by Prescott, to receive and file subject report. Motion carried 5-0. 94 4. INVESTMENT SCHEDULE AS OF JANUARY 31, 1991 It was moved by Prescott, seconded by Pontious, o receive and file subject report. Motion carried 5-0. 50 5. UNDERGROUNDING UTILITY DISTRICTS - STATUS REPORT It was moved by Potts, seconded by Pontious, to receive and file subject report. Motion carried 5-0. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 101f 1. PROCLAMATION REQUEST - TUSTIN HIGH SCHOOL VARSITY BASKETBALL TEAM Mayor Pro Tem Puckett requested a proclamation for Tustin High School Varsity Boys Basketball team in recognition of their CIF Southern Championship in Division 2AA. Council concurred. 2. ANTI -GANG PROGRAM PROGRESS REPORT Councilmember Potts requested the Police Department submit an anti -gang program progress report at the March 18 meeting. 3. FIRE SAFETY STUDENT EDUCATION PROGRAM Councilmember Potts requested the Fire Department submit a report outlining a fire safety student education program at the March 18 meeting. 4. COUNTY BICYCLE/MULTI-USE TRAILS Councilmember Potts requested a report on the County's progress with bicycle/multi-use trails. 5. VOTE ON MARCH 19, 1991 Mayor Edgar reminded everyone to vote on March 19 to fill the State Senatorial vacancy. 6. SOUND WALLS FOR I-5/55 Mayor Edgar reported the I-5/55 interchange sound walls for the southwest portion would go out to bid in June. 7. RESOLUTION ADOPTED BY CITY OF LA HABRA Mayor Edgar requested a copy of resolution adopted by City of La Habra opposing City of San Francisco's lack of support for military troops. Councilmember Prescott requested copy of City of San Francisco's action. XV. ADJOURNMENT Mayor Edgar adjourned the meeting at 8:45 p.m. The next regular CITY COUNCIL MINUTES Page 8, 3-4-91 meeting of the City Council was scheduled for Monday, March 18, 1991 at 7:00 p.m. RICHARD B. EDGAR, MA R 17, MARY E. WT, CITY LERR