HomeMy WebLinkAboutC.C. 01 MINUTES 02-18-92I.
II.
MINUTES
REGU�,R MEETING OF THE CITY COUNL�.j
CITY OF TUSTIN, CALIFORNIA
FEBRUARY 3, 1992
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.
INVOCATION
The Invocation was given by Rev. James Witty, Tustin Presbyterian
Church.
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
W. Douglas Franks, Chief of Police
Robert Ledendecker, Director of Public Works
Ronald A. Nault, Finance Director
Rita Westfield, Assist. Dir./Com. Development
Susan Jones, Recreation Superintendent
Dan Fox, Senior Planner
Gary Veeh, Water Services Manager
Scott Reekstin, Assistant Planner
Valerie Whiteman, Chief Deputy City Clerk
Approximately 20 in the audience
IV. PRESENTATION - R/UDAT SUMMARY REPORT
Dan Fox, Senior Planner, reported the Regional/Urban Design
Assistance Team (R/UDAT) met in September, 1991, as part of the
revitalization plan for Old Town Tustin. Mr. Fox introduced David
Baab and Ron Baers, Co -Chairmen of the R/UDAT Team, who
highlighted key ideas contained in an "Idea Book" of Old Town and
summarized their recommendations: appointment of Old Town
Coordinator, establishment of business association, expansion of
Old Town designation, formation of neighborhood association,
establishment of Old Town as festival center of the City, and
implementation of Design Review process.
Councilmember Edgar stated he supported the Old Town expansion of
the residential area west of "B" Street, and requested a timeline
schedule.
Mayor Puckett and Mayor Pro Tem Pontious commended the R/UDAT
participants and pledged their support in the revitalization of
Old Town.
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It was moved by Edgar, seconded by Pontious, to approve all
recommendations; and requested a timeline for completion of the
project.
Councilmember Prescott announced he would abstain from voting on
this subject.
Motion carried 4-0, Prescott abstained.
Mayor Puckett read and presented a proclamation to the R/UDAT
members thanking them for their participation in the old Town
revitalization project.
David Baab and Ron Baers accepted the proclamation on behalf of
the R/UDAT members and thanked the Council for the recognition.
V. PUBLIC HEARINGS
1. RESOLUTION NO. 92-15, PUBLIC HEARING AND ADOPTION OF THE WATER
SHORTAGE CONTINGENCY PLAN
Gary Veeh, Water Services Manager, summarized the Water
Shortage Contingency Plan including: water use restrictions;
construction of new wells; improvement of the reservoir
storage system; and agreement with the Orange County Water
District for construction of a groundwater desalter.
Council/staff discussion followed regarding completion of the
Vandenberg well site.
Mayor Puckett opened the public hearing at 7:20 p.m. There
were no speakers on the subject and the public hearing was
closed.
It'was moved by Prescott, seconded by Pontious, to adopt the
Tustin Water Service Water Shortage Contingency Plan by the
following Resolution No. 92-15 and order that subject Plan be
filed with the State Department of Water Resources:
RESOLUTION NO. 92-15 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADOPTING THE TUSTIN WATER SHORTAGE
CONTINGENCY PLAN
Motion carried 5-0.
2. APPEAL OF USE DETERMINATION 92-01 (MC WHINNEY BERRIES)
Dan Fox, Senior Planner, stated that staff had identified the
actions required for processing the applicant's request for
a temporary use permit.
Council/staff discussion followed regarding the effect of a
strawberry stand on local businesses; location of the stand;
establishment of a permit process for temporary agricultural
stands; appeal process timeline; and property owner
permission for temporary use.
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Page 3, 2-3-92
Councilmember Edgar stated that a temporary use permit would
be appropriate.
Councilmember Prescott said he favored providing an
opportunity for non-profit organizations to raise money.
Mayor Puckett opened the public hearing at 7:30 p.m.
The following members of the audience spoke in favor of Appeal
of Use Determination 92-01:
Helen Anderson, Food For All Coordinator
Chad McWhinney, applicant
Council/speaker/staff discussion followed regarding location
of the stand; profit distribution; and application fees.
Councilmember Prescott requested waiving the $75 temporary use
permit application fee..
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 Prescott, to determine
proposed use appropriate for Temporary Use Permit; and waive
$75.00 application fee.
Motion carried 5-0.
VI. PUBLIC INPUT
1. UNPROFESSIONAL TREATMENT BY CITY ATTORNEY
Dr. Tom Birney, 1071 El Camino Lane, Santa Ana, reported he
had submitted a claim against the City for property damage and
had received unprofessional treatment from the City Attorney.
2. OPPOSITION TO HEALTH AND RETIREMENT BENEFITS FOR CITY ATTORNEY
Terrence Hickey, 1762 Roanoke, Tustin, spoke in opposition to
the City Attorney receiving health and retirement benefits.
VII. CONSENT CALENDAR
Item Nos. 2 4, 16, and 18 were removed from the Consent Calendar
by Councilmember Potts and a member of the audience. It was moved
by Potts, seconded by Prescott, to approve the remainder of the
Consent Calendar as recommended by staff. Motion carried 5-0.
1. APPROVAL OF MINUTES - JANUARY 20, 1992 REGULAR MEETING
Recommendation: Approve the City Council Minutes of
January 20, 1992.
3. LAMBERT SCHOOL LEASE RENEWAL
Recommendation: Renew the lease with the Tustin Unified
School District for use of Lambert School for a period of
CITY COUNCIL MINUTES
Page 4, 2-3-92
one year commencing on February 1, 1992, and ending January
31, 1993; and authorize the Mayor to execute subject lease
as recommended by the Community Services Department.
S. REJECTION OF CLAIM NO. 91-51 - CLAIMANT, SOUTHERN CALIFORNIA
EDISON CO.; DATE OF LOSS, 7/3/91; DATE FILED WITH CITY,
11/21/91
Recommendation: Reject subject claim for property damages
in the amount of $2,376.11 as recommended by the City
Attorney.
6. RESOLUTION NO. 92-23 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COIF RLETION FOR THE WATER
MAIN REPLACEMENT ON WOODLAND DRIVE, ZIG ZAG WAY, AND "B"
STREET
Recommendation: Accept the improvements constructed and
authorize the recordation of the Notice of -Completion for
said improvements with the adoption of Resolution No. 92-23
as recommended by the Public Works Department/Engineering
Division.
7. REQUEST FOR TRAFFIC SIGNAL OR STOP SIGNS AT THE INTERSECTION
OF FIRST STREET AND 91B1' STREET
..Recommendation: Direct staff to prepare a warrant study
for the intersection of First Street and "B" Street as
recommended by the Public Works Department/Engineering
Division.
8. DECLARATION OF SURPLUS VEHICLES AND WORK EQUIPMENT
Recommendation: Declare the specified equipment surplus
and not required for public use and authorize the Public
Works Department to dispose of the equipment in accordance
with Ordinance No. 871 as recommended by the Public Works
Department/ Field Services Division.
9. LOWER PETERS CANYON RETARDING BASIN
Recommendation: Approve the granting of an easement to the
Orange County Flood Control District and authorize the
Mayor to execute an easement deed for the Lower Peters
Canyon pipeline facility on Lot 23, Tract No. 12870 and Lot
22, Tract No. 13627 as recommended by the Public Works
Department/Engineering Division.
10. RESOLUTION NO. 92-13 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN
Recommendation: Adopt Resolution No. 92-13 amending the
City of Tustin Classification Plan as recommended by the
Administrative Services Department.
11. RESOLUTION NO. 92-17 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, MODIFYING THE PLANNING
COMMISSION'S DECISION ON AN AMENDMENT TO DESIGN REVIEW 91-07,
TO PERMIT AN ADDITIONAL DEVELOPMENT BONUS RELATED TO SIGN
HEIGHT PURSUANT TO THE CRITERIA OF THE LOT CONSOLIDATION
PROGRAM OF THE FIRST STREET SPECIFIC PLAN FOR THE PROPERTIES
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Page 5, 2-3-92
LOCATED AT 135 SOUTH PROSPECT AVENUE AND 240 EAST FIRST STREET
Recommendation: Uphold the Planning Commission's action by
adopting Resolution No. 92-17 as recommended by the
Community Development Department.
12. STATE ROUTE 55 BETWEEN 17TH STREET AND FAIRHAVEN AVENUE
WIDENING OF OVERCROSSING
Recommendation: Approve Memorandum of Understanding for
the widening of overcrossings on State Route 55 at
Seventeenth Street, Santa Clara Avenue and Fairhaven
Avenue; and authorize the Director of Public Works/City
Engineer to execute said Memorandum of Understanding on
behalf of the City as recommended by the Public Works
Department/Engineering Division.
13. STATUS OF PROJECT DESIGN FOR TUSTIN RANCH ROAD (WALNUT AVENUE
TO EDINGER AVENUE)
Recommendation: (a) Defer until further notice formal
design work on the Tustin Ranch Road project and ,(b)
Continue to set aside partial funding annually in
anticipation of future project construction as recommended
by the Public Works Department/ Engineering Division.
14. RESOLUTION NO. 92-24 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (ASPHALT
CONCRETE REHABILITATION AND OVERLAY PROJECT, 1989-90 FY AND
1990-91. FY)
Recommendation: Adopt Resolution No. 92-24 accepting said
work and authorizing the recordation of the Notice of
Completion as recommended by the Public Works
Department/Engineering Division.
15. AWARD OF CONTRACT FOR ARCHITECTURAL SERVICES, COLUMBUS TUSTIN
PARR PHASE 2B NEW GYMNASIUM
Recommendation: Award the contract for architectural
services for the new gymnasium to the firm of Anthony and
Langford in the amount of $1271000. 00 as recommended by the
Community Development Department.
17. RESOLUTION NO. 92-27 - A RESOLUTION OF THE CITY COUNCIL OF THE,
CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS
FOR THE RELOCATION OF WATER MAINS ON NISSON ROAD BETWEEN
PASADENA AVENUE AND "B" STREET, AND AUTHORIZING ADVERTISEMENT
OF BIDS
Recommendation: Adopt Resolution No. 92-27 approving plans
and specifications for the relocation of water mains on
Nisson Road between Pasadena Avenue and "B" Street, south
of I-5 Freeway as recommended by the Public Works
Department/Engineering Division.
CONSENT CALENDAR NO. 2 - APPROVAL OF DEMANDS AND RATIFICATION OF
PAYROLL
Councilmember Potts requested information on who had cellular
telephones and the cost.
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It was moved by Potts. seconded by Prescott, to approve Demands in
the amount of $1,189,206.54 and ratify Payroll in the amount of
$285,966.04; and requested a staff report regarding cellular phone
use and costs at the February 18, 1992 Council meeting.
Motion carried 5-0.
CONSENT CALENDAR NO. 4 - REJECTION OF CLAIM NO. 92-1 - CLAIMANT,
R.T. HARNEY; DATE OF LOSS, 10/27/91; DATE FILED WITH CITY, 1/2/92
Councilmember Potts voiced objection to claims for damages
occurring outside the City limits.
It was moved by Potts, seconded by Edgar, to reject subject claim
for property damages in the amount of $1,964.17.
Council/staff discussion followed regarding procedures for non -
jurisdictional claims.
Motion carried 5-0.
CONSENT CALENDAR NO. 16 - REJECTION OF CLAIM NO 91-52 - CLAIMANT,
JOEL GORETH; DATE OF LOSS, 11/3/91; DATE FILED WITH CITY, 12/6/91
Councilmember Potts requested staff safety check park play
equipment.
It was moved by Potts, seconded by Edgar, to reject subject claim
for personal injury damages in the amount of $313.00.
Motion carried 5-0.
CONSENT CALENDAR NO. 18 - RESOLUTION NO. 92-26 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WATER MAINS ON
MAIN STREET AT THE SR -55 FREEWAY, AND AUTHORIZING ADVERTISEMENT OF
BIDS
Robert Ledendecker, Director of Public Works, responded *to
concerns raised by a member of the audience regarding the two
water main projects on Main Street; Southern California Gas
Company construction on Main Street; and completion timeline.
It was moved by Edgar, seconded by Pontious, to adopt Resolution
No. 92-26 approving plans and specifications for the construction
of water mains along Main Street, from Stoneglass to Pasadena
Avenue, beneath SR -55 Freeway.
Motion carried 5-0.
-VIII. ORDINANCES FOR INTRODUCTION - None
jg. ORDINANCES FOR ADOPTION - None
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". OLD BUSINESS
1. FEASIBILITY STUDY TO PROVIDE A MEDIAN OPENING ON TUSTIN RANCH
ROAD AT PALERMO
Councilmember Potts stated the homeowners' association had not
voted on whether they were in favor of a median opening on
Tustin Ranch Road and he requested this item be tabled until
the association presents the matter to Council.
It was moved by Potts. seconded by Prescott, to table this
item.
Motion carried 5-0.
2. AIRPORT STATUS REPORT
Scott Reekstin, Assistant Planner, summarized recent
significant local airport activities including: the Federal
Aviation Administration Task Force meeting; Quarterly Airport
Noise Report Review; and Coalition for Responsible Airport
Solution report.
Councilmember Edgar requested the next quarterly report
include the number of flights in correlation to noise level.
Mayor Pro Tem Pontious supported obtaining data on an average
single event level of noise.
It was moved by Edgar, seconded by Puckett, to receive and
file subject report.
Motion carried 5-0.
3. LEGAL FEES
William Huston, City Manager, stated this report was in
response to questions raised by Councilmember Potts. He
summarized City of Irvine legal services report; survey
cities' payment of health and retirement benefits to contract
city attorneys; IRS regulations; attorney hourly wage
comparisons; and cities comparable in size to Tustin employing
in-house attorneys.
Councilmember Potts commented extensively on no survey city
provided health and retirement benefits to contract attorneys;
advantages of in-house attorney monitoring billings for
service; hourly wage comparisons; contingency fee for
retirement; 1099 filing concerns; and advantages of hiring an
in-house attorney.
Councilmember Edgar noted that costs relating to the city
attorney covered a multitude of overhead expenses and that
hiring an in-house attorney was not cost effective.
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The following member of the audience spoke on city attorney
compensation:
Al Shifberg-Mencher, 16282 Main Street #3B, Tustin
William Huston, City Manager, clarified that all city attorney
compensation withholding was within State and Federal
regulations.
It was moved by Potts, seconded by Prescott, to discontinue
city attorney medical, dental, and retirement benefits in one
month.
Council/staff discussion followed regarding addressing this
issue in closed session; legality of discontinuing city
attorney retirement benefits; and Orange County prevailing
legal service hourly rates.
Mayor Pro Tem Pontious noted that the City's cost with
benefits was less than comparable cities and she was not in
favor of discontinuing city attorney benefits.
Mayor Puckett and Councilmember Edgar said that with the
information presented, they were opposed to discontinuing the
city attorney benefits.
Motion failed 2-3, Puckett, Pontious, and Edgar opposed.
It was moved by Potts, seconded by Prescott, to accept bids
and resumes for an in-house attorney.
Mayor Pro Tem Pontious said the City's attorney costs were
below average in the county and a bid process was time
consuming and costly.
Motion failed 2-3, Puckett, Pontious, and Edgar opposed.
Councilmember Potts requested copies of monthly billings for
legal services; and related tax and code sections.
Council/staff discussion followed regarding monthly billing
report format; current system to monitor requests for city
attorney legal services, and clarification of comparable city
expenditures.
Councilmember Prescott requested a copy of the city attorney
retainer letter.
%I. NEW BUSINESS
1. WATER MAIN REPLACEMENT
Robert Ledendecker, Director of Public Works, reported that
staff had received complaints from Esplanade Avenue residents
regarding inadequate water flow to their residences and the
lack of fire hydrants in the area. He stated in order to
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Page 9, 2-3-92
proceed with the design and construction phases of the water
main installation at Esplanade on an emergency basis, it was
necessary for council to waive the formal bid requirements and
approve Resolution No. 92-25.
Council/staff discussion followed regarding informal bid
process.
Councilmember Edgar requested staff review the entire water
system for similar deficiencies.
It was moved by Edgar, seconded by Pontious, to adopt the
following Resolution No. 92-25 declaring that public interest
and necessity demands the expenditure of public money to
safeguard life and health for the installation of
approximately 1200 lineal feet of water main in Esplanade
Avenue between Seventeenth Street and a point 1200 + feet
northerly of Seventeenth Street:
RESOLUTION NO. 92-25 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND
NECESSITY DEMANDS IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO
SAFEGUARD LIFE AND HEALTH
Motion carried 5-0.
II. REPORTS
1. PLANNING COMMISSION ACTION AGENDA - JANUARY 27, 1992
It was moved by Pontious, seconded by Edgar, to ratify the
Planning Commission Action Agenda of January 27, 1992.
Motion carried 5-0.
2. INVESTMENT SCHEDULE AS OF DECEMBER 31, 1991
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
1. I-5/AUTO CENTER DRIVE SIGN INSTALLATION
Councilmember Edgar requested a status report at the next
Council meeting regarding delay of the I-5/Auto Center Drive
sign installation.
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Page 10, 2-3-92
2. LIMIT JAIL CAPACITY - THEO LACY BRANCH JAIL FACILITY
Councilmember Edgar requested a resolution supporting the City
of Orange's position on maintaining jail capacity at Theo Lacy
Branch Jail.
3. HELIPORTS
Mayor Pro Tem Pontious requested General Plan review include
heliports.
4. ORANGE COUNTY HOUSING TASK FORCE
Mayor Pro Tem Pontious reported on the first meeting of the
Orange County Housing Task Force.
5. OVERCHARGES - TRASH SERVICE
Councilmember Potts requested a report at the next Council
meeting on overcharging for trash services.
6. AUDIT COMMITTEE VACANCY
Councilmember Prescott requested advertising to fill the
vacancy on the Audit Committee.
7. GRAFFITI REMOVAL - I-5
Councilmember Prescott reported Caltrans had removed graffiti
at the I-5 freeway sites.
S. SHANNON SANDS, LOS ANGELES TIMES REPORTER
Councilmember Prescott reported that Shannon Sands, Los
Angeles Times reporter, was leaving the area.
XV. ADJOURNMENT
Mayor Puckett adjourned the meeting at 9:00 p.m. The next regular
meeting of the City Council was scheduled for Tuesday, February
18, 1992, at 7:00 p.m.
CHARLES E. PUCKETT, MAYOR
MARY E. WYNN, CITY CLERK