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HomeMy WebLinkAboutC.C. 01 MINUTES 03-02-92CONSENT CALENDAR NO. 1 3-2-92 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA FEBRUARY 181 1992 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 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 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 Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Rita Westfield, Asst. Dir./Comm. Development Gary Veeh, Water Services Manager Susan Jones, Recreation Superintendent Irma Hernandez, Administrative Assistant Donna Emory, Executive Coordinator Valerie Whiteman, Chief Deputy City Clerk Approximately 25 in the audience IV. PUBLIC HEARING 1. GENERAL PLAN AMENDMENT 92-01 - AN AMENDMENT TO THE CITY OF TUSTIN GENERAL PLAN ADDING A GROWTH MANAGEMENT ELEMENT Rita Westfield, Assistant Director of Community Development, reported Measure M required each city in Orange County to adopt a Growth Management Element for eligibility to receive transportation revenues. The Growth -Management Element would mandate that growth and development be based upon the City's ability to provide an adequate circulation system; and identified specific goals, objectives, policies, and implementation programs. Mayor Puckett 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 Edgar, seconded by Pontious, to approve the Environmental Determination for the project by adopting the following Resolution No. 92-29; and approve General Plan CITY COUNCIL MINUTES Page 2, 2-18-92 Amendment 92-01 (Growth Management Element) by adopting the following Resolution No. 92-30: RESOLUTION NO. 92-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 92-01 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 92-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 92-01 TO ADOPT THE GROWTH MANAGEMENT ELEMENT OF THE CITY'S GENERAL PLAN Mayor Pro Tem Pontious said she was pleased that the Tustin Ranch Road extension to Edinger was identified as part of the Planned Transportation Program in the Growth Management Element. Motion carried 5-0. V. PUBLIC INPUT 1. TUSTIN HIGH SCHOOL GRAD NITE George Salapski, Tustin High School Grad Nite Committee Chairman, requested financial aid and a proclamation supporting a drug and alcohol -free program at the 1992 Tustin High School Grad Nite. Mayor Puckett said the Council supported the Tustin High School Grad Nite Committee efforts, and requested a proclamation be presented at a future council meeting. Council concurred to discuss financial support during discussion of the Mid -Year Budget Review (New Business No. 6). 2. TEMPORARY SIGN CODE EXCEPTIONS Angie Kardashian, Chamber of Commerce president, requested Council grant temporary sign code exceptions for local businesses due to freeway construction and the recession. Council/staff discussion followed regarding the City of Orange Sign Ordinance; and procedural aspects of amending the Sign Code. Council concurred to agendize this subject at the March 2, 1992 Council meeting. CONSENT CALENDAR Item No. 8 was removed from the Consent Calendar by Councilmember Potts. It was moved by Edgar, seconded by Potts, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. CITY COUNCIL MINUTES Page 3, 2-18-92 1. APPROVAL OF MINUTES - FEBRUARY 3, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of February 3, 1992. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,783,613.64 and ratify Payroll in the amount of $300,737.68. 3. CALTRANS TRAFFIC CONTRACT RENEWAL Recommendation: Approve renewal of subject contract with the Department of Transportation for reimbursement of money spent for traffic control during the I-5 and SR -55 construction as recommended by the Police Department. 4. AWARD OF CONTRACT FOR CONSULTANT SERVICES - WATER SYSTEM HYDRAULIC NETWORK ANALYSIS MODEL Recommendation: Authorize the Mayor to execute a professional services agreement with the firm of AKM Consulting Engineers, Irvine, California, to prepare a dynamic hydraulic network analysis computer model of the City's water system; recommend and specify computer equipment to operate the program; and train City staff in its use as recommended by the Public Works Department/Water Services Division. 5. RESOLUTION NO. 92-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 141 1992, CALLED BY RESOLUTION NO. 91-141 OF THE CITY COUNCIL Recommendation: Adopt Resolution No. 92-28 establishing voting precincts and polling places; appointing precinct board members; and fixing precinct/board member compensation for the General Municipal Election to be held on Tuesday, April 14, 1992 as recommended by the Office of the City Clerk. 6. REJECT CLAIM NO. 92-08 - CLAIMANT, HEIRS OF PAQUITA SAID; DATE OF LOSS, 11/24/91; DATE FILED WITH CITY, 1/28/92 Recommendation: Reject subject claim for general and special damages of an undetermined amount as recommended by the City Attorney. 7. REJECT CLAIM NO. 92-02 - CLAIMANT, CAROL TAYLOR; DATE OF LOSS, 1/6/92; DATE FILED WITH CITY, 1/7/92 Recommendation: Reject subject claim for property damage in the amount of $76.94 as recommended by the City Attorney. 9. REJECT CLAIM NO. 92-06 - CLAIMANT, DONALD TURNER; DATE OF LOSS, 1/3/92; DATE FILED WITH CITY, 1/27/92 Recommendation: Reject subject claim for property damage in the amount of $574.00 as recommended by the City Attorney. 10. REJECT CLAIM NO. 92-03 - CLAIMANT, SHARON RAGGHIANTI; DATE OF LOSS, 12/24/91; DATE FILED WITH CITY, 1/13/92 Recommendation: Reject subject claim for property damage in the amount of $557.26 as recommended by the City Attorney. CITY COUNCIL MINUTES Page 4, 2-18-92 11. REJECT CLAIM NO. 92-07 - CLAIMANT, ENTERPRISE FLEETS; DATE OF LOSS, 9/17/91; DATE FILED WITH CITY, 1/27/92 Recommendation: Reject subject claim for property damage in the amount of $1,671.07 as recommended by the City Attorney. 12. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH TUSTIN POLICE OFFICERS ASSOCIATION Recommendation: Direct the City Manager to execute the Memorandum of Understanding with the Tustin Police Officers Association as recommended by Administrative Services. 13. ASSESSMENT DISTRICT NO. 86-2, JAMBOREE DISPOSAL SITE NO. 2 Recommendation: Approve the following pertaining to the remedial grading operations for Jamboree Road Disposal Site No. 2: (a) Selection of Hunsaker and Associates, Inc. to prepare final plans, specifications and cost estimate, (b) Professional Services Agreement and authorize Mayor to execute said agreement and (c) Authorize staff to finalize bid documents subject to the City Attorney's final approval as recommended by the Public Works Department/Engineering Division. 14. RESOLUTION NO. 92-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN Recommendation: Adopt Resolution No. 92-31 changing retirement compensation calculations for non -management sworn police personnel as recommended by Administrative Services. 15. RESOLUTION NO. 92-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION FOR SUBMITTAL TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD Recommendation: Adopt Resolution No. 92-32 approving and authorizing the submittal of the City of Tustin's application for a grant from the California Integrated Waste Management Board for the development and distribution of a Household Hazardous Waste Public Education Brochure as recommended by the Public Works Department/Engineering Division. 16. AWARD OF CONTRACT FOR CONSULTANT SERVICES - WATER MAIN ON PROSPECT AVENUE Recommendation: Authorize the Mayor to execute a professional services agreement with the firm of DGA Consultants, Inc., Orange, California, to prepare plans, specifications and provide construction surveying for the construction of a new 12 -inch water main on Prospect Avenue from Fairhaven Avenue to Santa Clara Avenue as recommended by the Public Works Department/ Engineering Division. CITY COUNCIL MINUTES Page 5, 2-18-92 CONSENT CALENDAR NO. 8 - REJECT CLAIM NO. 92-05 - CLAIMANT, RICHARD MOCERI; DATE OF LOSS, 1/14/92; DATE FILED WITH CITY, 1/20/92 Councilmember Potts requested a report regarding upgrading the backstops at Columbus Tustin Park. It was moved by Edgar. seconded by Potts, to reject subject claim for property damage in the amount of $331.82. Motion carried 5-0. VII. ORDINANCES FOR INTRODUCTION - None VIII. ORDINANCES FOR ADOPTION - None IX. OLD BUSINESS 1. TRASH COLLECTION FEES William Huston, City Manager, reported that Councilmember Potts requested information on whether the City was being overcharged for trash collection fees. He summarized the recycling program agreement with Great Western Reclamation including: basis for recycling program charges; recycling element data base; County median monthly rate comparisons; special services provided by Great Western agreement; agreement rate charge schedules; and diversion percentages. He stated the City was not overcharged for trash collection services. Council/staff discussion followed regarding collection rates; City of Mission Viejo' s investigation of trash collection costs; AB 939 requirements; modification of routes by Great Western Reclamation; and landfill diversion percentage. It was moved by Edgar, seconded by Potts, to receive and file subject report. The following member of the audience spoke in favor of competitive bidding: Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin Motion carried -5-0. 2. FOLLOW UP TO REPORT ON LEGAL FEES William Huston, City Manager, reported that Council had requested additional information regarding legal fees. He stated that the City was in compliance with Internal Revenue Service regulations regarding the City Attorney's retainer, and the City did not have a retainer letter with Rourke and Woodruff because Mr. Rourke was appointed City Attorney by resolution and served at the pleasure of the Council. The City Attorney's retainer and hourly rate were last adjusted in 1989 through the annual budget process. CITY COUNCIL MINUTES Page 6, 2-18-92 It was moved by Edgar, seconded by Pontious, to receive and file subject report. Mayor Puckett stated the other cities and noted the April 1990 election the 1992 precincts, th expense this year. Motion carried 5-0. X. NEW BUSINESS City Attorney's fees were comparable to that $126,000 was expended in 1991 for lawsuit. Because Council had approved e City would not incur that additional 1. AGREEMENT FOR CONSTRUCTION AND FINANCING OF VANDENBURG WELL THROUGH CITY PARTICIPATION IN THE ORANGE COUNTY WATER DISTRICT CONJUNCTIVE USE WELL CONSTRUCTION PROGRAM Gary Veeh, Water Services Manager, reported this agreement with the Orange County Water District was for construction and financing of a well at the Vandenberg site. He stated the Orange County Water District adopted a financial plan designed to encourage ground water producers to increase their pumping capacity, offered construction management, assistance, and low interest loans. Council/staff discussion followed regarding timeline for construction and well design. Councilmember Edgar requested agendizing a status report in one month. It was moved by Edgar, seconded by Pontious, to authorize the Mayor to execute an agreement with the Orange County Water District for the construction and financing of Vandenburg Well. Motion carried 5-0. 2. PROPOSED SEVENTEENTH STREET GROUNDWATER DESALTER Gary Veeh, Water Services Manager, reported this agreement with Orange County Water District was for construction and operation of a groundwater desalter on Seventeenth Street. He stated the proposed plant would be similar to the reverse osmosis plant currently operating at the Main Street site, and highlighted the benefits including: purifying salt content of the groundwater basin; City control over usage; agreement guarantee that water would not cost more than the alternate supply or imported water; and the project would be eligible for funding under the Metropolitan Water District Groundwater Recovery Program. Council/staff discussion followed regarding noise mitigation; and supplying surplus City water to surrounding areas. It was moved by Edgar, seconded by Pontious, to authorize the Mayor to execute an agreement with Orange County Water District (OCWD) for the construction and operation of a groundwater CITY COUNCIL MINUTES Page 7, 2-18-92 desalter on City property at 18602 E. Seventeenth Street. Mayor Pro Tem Pontious stated the importance of activating the wells and was supportive of this program. Motion carried 5-0. 3. REQUEST FOR UNDERGROUNDING OF OVERHEAD UTILITIES - NISSON ROAD Robert Ledendecker, Director of Public Works, reported staff had received a request from Condominium Management Company, representing Influential Square Homeowners Association, to underground overhead utilities adjacent to their property during construction of Nisson Road utilizing Rule 20A funds. Mr. Ledendecker stated this project would include undergrounding all utilities on Nisson Road between "B" Street and Pasadena Avenue and would be placed No. 9 on the prioritized underground utilities project list. Council/staff discussion followed regarding conduit and street light installation on the south side of Nisson Road. The following member of the audience spoke in support of undergrounding utilities on Nisson Road and submitted area photographs: John Bunnell, Influential Square Homeowners Association President Mayor Pro Tem Pontious stated the City's goal was to underground all utilities and the widening of Nisson Road warranted consideration of the residents' request. It was moved by Pontious, seconded by Edgar, to add the subject project of utility undergrounding, along Nisson Road between "B" Street and Pasadena Avenue, as priority No. 9 to the previously approved prioritized project list for the undergrounding of overhead utilities with the utilization of Edison Company Rule 20A Funds. Councilmember Potts said it would be more cost effective to underground the utilities while the construction was in progress. Motion carried 5-0. 4. IRVINE BOULEVARD WIDENING AND RESTRIPING BETWEEN THE SR -55 AND BROWNING AVENUE Robert Ledendecker, Director of Public Works, reported the County of Orange was proposing a multi-segmented project to widen and restripe Irvine Boulevard from the SR -55 freeway to Browning Avenue. The City and the County of Orange's Master Plan of Arterial Highways classified the stretch between SR -55 and Browning Avenue as a Modified Major Arterial Highway, a six - lane divided facility, with on -street parking prohibited. He CITY COUNCIL MINUTES Page 8, 2-18-92 stated this would involve the permanent extension of on -street parking prohibitions along both sides of Irvine Boulevard between SR -55 and a point easterly of Browning Avenue. Staff would work with the County for future construction of a parallel parking bay adjacent to the Palmwood Gardens Condominiums to minimize adverse parking impacts to the residential development. Council/staff discussion followed regarding legal requirements for notifying property owners; number of parking spaces to be eliminated; mitigating traffic congestion at Newport/Irvine intersection; possible installation of sound walls; County of Orange as the lead agency; Palmwood Gardens parallel parking provisions; Environmental Impact Report process; and increased traffic through the City. It was moved by Pontious, seconded by Edgar, to adopt the following Resolution No. 92-33 supporting the County of Orange's effort to upgrade and enhance Irvine Boulevard between SR -55 and easterly of Browning Avenue, with the extension of on -street parking prohibitions in this area, and authorize staff to proceed with the development of a cooperative agreement with the. County of Orange as lead agency to implement this project: RESOLUTION NO. 92-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE COUNTY OF ORANGE EFFORT TO UPGRADE AND ENHANCE TRAFFIC FLOW ALONG IRVINE BOULEVARD BETWEEN SR -55 AND EASTERLY OF BROWNING AVENUE WITH THE EXTENSION OF ON -STREET PARKING PROHIBITIONS IN THIS AREA Council/staff discussion followed regarding design and construction of the Newport/Irvine intersection. Councilmember Potts stated he would not support the motion because, before allowing the County of Orange to proceed with this project, he wanted assurance of Measure M funding by negotiating with the County regarding future Tustin Ranch Road or Newport Avenue upgrade projects. William Huston, City Manager, explained that Measure M stipulated that traffic mitigation measures must be handled on a regional basis in order to receive funding and this project was part of the comprehensive program. Robert Ledendecker, Director of Public Works, stated that Tustin Ranch Road and Newport Avenue modifications were in the seven year Capital Improvement Program, and clarified that every major roadway improvement would be included. The following member of the audience spoke in favor of constructing and maintaining bike lanes on Irvine Boulevard: Jim Kenopkin, Tustin Motion carried 4-1, Potts opposed. CITY COUNCIL MINUTES Page 9, 2-18-92 5. CELLULAR PHONES William Huston, City Manager, reported that Councilmember Potts requested a report on how many individuals and vehicles had City -paid cellular car phones. He stated the report listed each person/vehicle and the average monthly cost. Councilmember Potts questioned why two members of the Council had cellular car phones and summarized the reasons why he believed the City Manager, Police Captains and Chief of Police should not have cellular car phones. Council/staff discussion followed regarding personal use of cellular phones. Councilmember Potts' motion to abolish cellular car phones for councilmembers; and to draft an ordinance prohibiting personal use of cellular car phones died for lack of a second. Council/staff discussion followed regarding policy on personal use of cellular phones; importance of cellular phones for police and disaster use; portable phones; maintaining cellular phones at school sites; and monitoring City usage. Councilmember Potts' motion that cellular phones were for business use only and the cost of personal use must be reimbursed to the City died for lack of a second. Mayor Puckett stated he used the phone for his business due to extensive traveling; however, he reimbursed the City for any personal/business phone use. Councilmember Potts requested Councilmembers relinquish their phones and employee use be left to the City Manager's discretion. William Huston, City Manager, summarized the background of why a cellular phone was first implemented for the Mayor and stated it was cost effective. Councilmember Potts suggested the use of pagers and requested a survey of all Orange County cities supplying cellular phones to their mayor or council be agendized at the March 2nd Council meeting. Mayor Pro Tem Pontious stated she was not in favor of rules concerning cellular phone usage because various job requirements should be taken into consideration. Mayor Puckett stated he had not requested a car phone, staff had felt it expedited contact. Councilmember Edgar stated he did not request a cellular phone but because of the various County commission meetings and activities he attended, it was more expedient for staff to locate him. He noted that he did not use the cellular phone for CITY COUNCIL MINUTES Page 10, 2-18-92 personal use, and felt the phone enhanced the efficiency in which he could serve the City. Councilmember Prescott stated if a councilmember needed a cellular phone then the item should be agendized. The following member of the audience spoke in opposition to cellular car phones for Council and undercover police use: Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin It was moved by Potts, seconded by Prescott, to prohibit Council use of City -paid cellular car phones. Councilmember Edgar stated he would abstain from voting on this issue. Motion died 2-2; Puckett, Pontious opposed; Edgar abstained. It was moved by Edgar, seconded by Potts, to receive and file subject report. Motion carried 5-0. 6. MID -YEAR BUDGET REVIEW William Huston, City Manager, highlighted the General Fund operating budget including: loss of State revenue; recession impact; fiscal year-end operating budget; 15% General Fund reserve; non-recurring income; and projected sales tax revenue and property tax. He stated staff recommended that excess one- time money be transferred out of the General Fund to the Capital Fund for future capital improvements, to the Park Development Fund for future park development, and to the Risk Management Fund to maintain a proper level for the self-insured retentions. It was moved by Prescott, seconded by Pontious, to approve the following additional transfers from the General Fund as recommended by the City Manager: (1) To the capital projects fund for future capital improvement projects, $937,202; (2) To the park development fund for future park projects, $750,000; and (3) To the risk management fund for general liability self- insured retentions, $500,000. Council/staff discussion followed regarding whether the contribution to Tustin High School Grad Nite should include a 5.5 percent CPI increase. As an addition to the motion, it was moved by Prescott, seconded by Edgar, to contribute $2,500 plus 5.5 percent to the Tustin High School Grad Nite Fund. Mayor Puckett stated he was in favor of the $2,500 without the 5.5 percent increase due to the economic conditions and because Tustin High School did not request the increased amount. CITY COUNCIL MINUTES Page 11, 2-18-92 Councilmember Potts stated that until Tustin High School requested more money, he would support the $2,500 contribution. Councilmember Prescott withdrew the addition to the motion. As a substitute addition to the original motion, it was moved by Prescott, seconded by Pontious, to contribute $2,500 to the Tustin High School Grad Nite Fund. Motion carried 5-0. XI. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - FEBRUARY 10, 1992 It was moved by Pontious, seconded by Edgar, to ratify the Planning Commission Action Agenda of February 10, 1992. Motion carried 5-0. 2. STATUS REPORT - EL CAMINO REAL RECONSTRUCTION AND WIDENING BETWEEN RED HILL AVENUE AND NEWPORT AVENUE It was moved by Pontious, seconded by Edgar, to receive and file subject report. Motion carried 5-0. Councilmember Prescott requested a report regarding landscaping to mitigate graffiti. XII. PUBLIC INPUT 1. FIRE SPRINKLER ORDINANCE/BAN CEDAR SHAKE ROOFS Francis Kazerski, 15610 Alliance, Tustin, requested Council adopt a fire sprinkler ordinance and ban cedar shake roofs in the City. XIII. OTHER BUSINESS 1. GRADE CROSSING - JAMBOREE/EDINGER Councilmember Edgar requested a timeline for implementing the grade crossing at Jamboree/Edinger. Robert Ledendecker, Director of Public Works, responded that information would be presented at the March 16 Council meeting. 2. WATER SURCHARGE REDUCTION Councilmember Edgar requested a report concerning five percent water surcharge reduction at the March 2 Council meeting. CITY COUNCIL MINUTES Page 12, 2-18-92 3. CHAMBER OF COMMERCE OPPOSITION TO REAPPOINTMENT - HENRY WEDAA Councilmember Prescott requested agendizing at the March 2 Council meeting the letter from the Chamber of Commerce requesting the Council oppose reappointment of Henry Wedaa to the South Coast Air Quality Management District Board. 4. CONGRATULATIONS - TUSTIN HIGH SCHOOL BOYS AND GIRLS BASKETBALL TEAMS Mayor Puckett congratulated Tustin High School Boys and Girls Basketball teams for achieving Seaview League Championships. %IV. ADJOURNMENT Mayor Puckett adjourned the meeting at 9:08 p.m. The next regular meeting of the City Council was scheduled for Monday, March 2, 1992, at 7:00 p.m. CHARLES E. PUCKETT, MAYOR MARY E. WYNN, CITY CLERK