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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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