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Home My WebLink AboutCC 1 MINUTES 07-20-92I. II. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JULY 61 1992 CALL TO ORDER/PLEDGE OF ALLEGIANCE CONSENI CALENDAR NO. 1 7-20-92 The meeting was called to order by Mayor Pontious at 7:00 p.m. in the Tustin Area Senior Center, 200 South "C" Street. The Pledge of Allegiance was.led by Councilmember Puckett. INVOCATION The Invocation was given by Rev. McCready Johnston, Church of the New Covenant. III. ROLL CALL IV. •V. Council Present: Leslie Anne Pontious, Mayor Jim Potts, Mayor Pro Tem Charles E. Puckett Thomas R. Saltarelli Jeff Thomas 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 Royleen White, Dir./Community & Admin. Services Dana Kasdan, Engineering Services Manager Rita Westfield, Asst. Dir./Com. Development Gary Veeh, Water Operations Manager Susan Jones, Recreation Superintendent Doug Anderson, Transportation Engineer Ric Lazaro, Plan Checker Gary Magill, Recreation Supervisor Irma Hernandez, Administrative Assistant - Katie Pitcher, Administrative Assistant Valerie Whiteman, Chief Deputy City Clerk Approximately 30 in the audience PROCLAMATION - PARKS AND RECREATION MONTH Mayor Pontious read and presented a proclamation declaring July as Parks and Recreation Month. Jim Kane, Parks and Recreation Commission Chairperson, thanked the Council for recognizing Parks and Recreation Month, and invited everyone to attend Concerts in the Park beginning Wednesday, July 81 1992, at Peppertree Park. PUBLIC HEARING 1. ORDINANCE NO. 1091 - PROPOSED ADOPTION OF UPDATED EDITION OF BUILDING CODES Mayor Pontious opened the Public Hearing at 7:10 p.m. CITY COUNCIL MINUTES Page 2, 7-6-92 The following member of the audience spoke in favor of the updated edition of Building Codes and swimming pool safety: Amy Dale, County of Orange Health Care Agency There were no other speakers on the subject and the Public Hearing was closed at 7:12 p.m. It was moved by Puckett, seconded by Thomas, to have second reading by title only and adopt the following Ordinance No. 1091: ORDINANCE NO. 1091 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 8 OF THE TUSTIN CITY CODE ADOPTING 1991 CODES AS THE BUILDING REGULATIONS OF THE CITY OF TUSTIN Motion carried 5-0 (roll call vote). VI. PUBLIC INPUT I. YORBA STREET CROSSWALKS Helen Edgar, 13622 Loretta Drive, Tustin, expressed concern with the lack of crosswalks on Yorba Street between 17th and Santa Clara due to resurfacing of streets. Mayor Pontious stated staff would investigate. 2. OPEN BIDS FOR CABLE TELEVISION SERVICE David Estelle, 14011 Utt Drive, Tustin, expressed displeasure with the quality of cable television broadcasts and requested open bids for cable television service. 3. MALFUNCTIONING CROSSWALK SIGNAL - NEWPORT/IRVINE Jim Pack, 1131 Packers Circle #71, Tustin, reported malfunctioning crosswalk operational button at Newport Avenue and Irvine Boulevard. Mayor Pontious stated staff would investigate. VII. CONSENT CALENDAR Items No. 2 and 3 were removed from the Consent Calendar by Councilmember Thomas and Mayor Pro Tem Potts. It was moved by Potts, seconded by Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. I. APPROVAL OF MINUTES - JUNE 15, 1992 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 15, 1992. 4. RESOLUTION NO. 92-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT CITY COUNCIL MINUTES Page 3, 7-6-92 AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE CONSTRUCTION AND MODIFICATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING AT VARIOUS LOCATIONS Recommendation: Accept the improvements completed and authorize the recordation of the Notice of Completion for said improvements with the adoption of Resolution No. 92-83 as recommended by the Public Works Department/Engineering Division. S. RESOLUTION NO. 92-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OF INTENTION TO APPROVE AN AMENDMENT TO 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. -92-48 amending contract with the Public Employees' Retirement System to provide "single highest year" as recommended by the Administrative Services Department. 6. RESOLUTION NO. 92-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY -OF TUSTIN, CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR LANDSCAPE IMPROVEMENTS, LAURELWOOD TOWNHOUSE FREEWAY EDGE Recommendation: Accept the improvements *constructed and authorize the recordation of the Notice of Completion for said improvements with the adoption of Resolution No. 92-86 as recommended by the Public Works Department/Engineering Division. 7. RESOLUTION NO. 92-88 - A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, INFORMING THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF TUSTIN MASTER PLAN OF ARTERIAL HIGHWAYS Recommendation: Adopt Resolution No. 92-88 informing the Orange County Combined Transportation Funding Programs Advisory Committee of the status of the City of Tustin Master Plan of Arterial Highways (MPAH) as recommended by the Public Works Department/Engineering Division. 8. SUPPLEMENTAL AGREEMENT FOR 17TH STREET DESALTER Recommendation: Approve the supplemental agreement with Orange County Water District (OCWD) for construction, operation, and acquisition of a Groundwater Desalter as recommended by the Public Works Department/Water Division. 9. RESOLUTION NO. 92-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE RELOCATION OF WATER MAIN ON FIRST STREET BRIDGE AT SR -55 AND AUTHORIZING ADVERTISEMENT FOR BIDS Recommendation: Adopt Resolution No. 92-89 approving plans and specifications and authorizing advertisement for bids for subject project as recommended by the Public Works Department/ Engineering Division: 10. TUSTIN RANCH ROAD INTERCHANGE, RIGHT-OF-WAY CONTRACT Recommendation: Approve the Right -of -Way Contract, State CITY COUNCIL MINUTES Page 4, 7-6-92 Highway, for the Tustin Ranch Road interchange and authorize the Mayor to execute said document on behalf of the City, subject to the review and final approval of the City Attorney's office, as recommended by the Public Works Department/Engineering Division. 11. RESOLUTION NO. 92-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP 14499 Recommendation: Adopt Resolution No. 92-90 approving Final Tract Map 14499 as recommended by the Community Development Department. 12. RESOLUTION NO. 92-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR THE WATER MAIN RELOCATION ON NISSON ROAD FROM "B" STREET TO PASADENA AVENUE Recommendation: Adopt Resolution No. 92-91 accepting said work and authorizing the recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. 13. SALE OF SURPLUS VEHICLES Recommendation: Receive and file notice of sale of surplus vehicles as recommended by the Public Works Department/Field Services Division. CONSENT CALENDAR ITEM NO. 2 - APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Councilmember Thomas. questioned if centralized purchasing could be implemented. William Huston, City Manager, replied that the Audit Committee had reviewed this issue in the past and determined that lack of staff and adequate facilities prevented centralized purchasing, and staff consolidated certain purchases when feasible. Council/staff discussion followed regarding advantages of centralized purchasing and a computer system. William Huston, City Manager, suggested -the Audit Committee review centralized purchasing during the annual audit and submit a recommendation. It was moved by Thomas, seconded by Potts, to approve amount of $4,777,931.84 and ratify payroll in $305,493.37. Motion carried 5-0. Demands in the the amount of CITY COUNCIL MINUTES Page 5, 7-6-92 CONSENT CALENDAR ITEM NO. 3 - RESOLUTION NO. 92-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR PHASE III REGIONAL TRAILS ASSESSMENT DISTRICT 86-2 Mayor Pro Tem Potts said that he was pleased that this project was commencing, and that approval of the plans and specifications would allow advertisement for bids. It was moved by Potts. seconded by Saltarelli, to adopt Resolution No. 92-85 approving the plans and specifications for the subject project and authorize advertisement for bids. Motion carried 5-0. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1094 - STOPPING OF VEHICLES IN LOADING ZONES It was moved by Potts. seconded by Thomas that Ordinance No. 1094 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1094 by the City Clerk, it was moved by Potts, seconded by Thomas, that the following Ordinance No. 1094 be introduced: ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE STOPPING OF VEHICLES IN LOADING ZONES Motion carried 5-0. 2. ORDINANCE NO. 1096 - CITY COUNCIL EXPENSES It was moved by Potts, seconded by Thomas, that Ordinance No. - 1096 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1096 by the City Clerk, it was moved by Puckett. seconded by Potts, that the following Ordinance No. 1096 be introduced: ORDINANCE NO. 1096 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE REGARDING EXPENSES OF COUNCILMEMBERS Motion carried 5-0. IX. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 1090 - STANDARDS FOR MAINTENANCE OF ROOSTERS Mayor Pro Tem Potts stated he had received a telephone call from a citizen who requested 'a specific time in lieu of "sunrise" for releasing the roosters from the enclosed coop. CITY COUNCIL MINUTES Page 6, 7-6-92 Council/staff _discussion followed regarding the difficulty of setting a specific time due to seasonal change in daylight hours. It was moved by Pottsseconded b Pontious, that Ordinance No. 1090 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1090 by the City Clerk, it was moved by Puckett, seconded by Saltarelli, that the following Ordinance No. 1090 be passed and adopted: ORDINANCE NO. 1090 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 421 OF ARTICLE 4, CHAPTER 2, PART II OF THE TUSTIN CITY CODE, ESTABLISHING MINIMUM STANDARDS FOR THE MAINTENANCE OF ROOSTERS IN THE CITY OF TUSTIN Motion carried 5-0 (roll call vote). X. OLD BUSINESS 1. PROPOSED CAMPAIGN CONTRIBUTION ORDINANCE James Rourke, City Attorney, reported on the ordinance adoption alternatives including: Council adopted ordinance; voter adopted ordinance; voter adopted ordinance, with provision for Council amendment; and take no action. He stated that Mr. Stern, California Commission on Campaign Financing, contacted staff and presented an additional alternative: a voter adopted ordinance with provision for Council amendment provided it was consistent with the intent and purpose of the ordinance. The following members of the audience spoke in favor of a voter adopted campaign contribution ordinance: Zipora Shifberg-Mencher, 16282 Main Street #3B, Tustin Charlie Mack, 13202 Wickshire, Tustin Jim Pack, 1131 Packers Circle #71, Tustin Berklee Maughan, 14331 Green Valley, Tustin Bob Stern, California Commission on Campaign Financing representative, stated he was available to answer questions for the Council. Council/speakers discussion followed regarding proposed limitations on contributions from non -individuals; implementing contribution and expenditure restrictions at a State level; term limitations; advantages of financial strength of affluent candidates; and retirement of campaign debt. The following member of the audience spoke in opposition to a proposed campaign contribution ordinance: Kathy Weil, 1702 Summerville Avenue, Tustin Councilmember Saltarelli reported campaign reform was strongly regulated by the State and he supported a fair political CITY COUNCIL MINUTES Page 7, 7-6-92 process, but believed the proposed ordinance gave an advantage to incumbents. He discussed inadvertent provision violations; campaign disclosure reporting; limiting money for a campaign; slate campaigns; possible increase in political action committees; City incurred monitoring costs; and the document's over broad content. He stated his opposition to the proposed campaign contribution ordinance for the foregoing reasons. Councilmember Thomas stated he favored re -writing a less stringent ordinance and with uniform limitations. He said the .ordinance was not in the best interest of the City, there was sufficient time to prepare a satisfactory ordinance, and the proponents had the option of obtaining signatures for a ballot measure. He suggested a revised ordinance be re -submitted for Council review. Councilmember Puckett stated he did not oppose a campaign contribution ordinance or allowing voters to decide; however he believed the proposed ordinance was not correct for Tustin and suggested taking additional time to write an ordinance that would address concerns in the City. It was moved by Puckett, seconded by Saltarelli, to take no action on this matter. Mayor Pontious stated just passing laws would not provide good government. She said the only way to achieve a healthy government and qualified candidates was for the community to become involved in issues. Mayor Pro Tem Potts stated that this was not the best ordinance for Tustin and hoped that Mr. Maughan would revise the ordinance and present it to the Council in two weeks. He stated that in order to honor the commitment he made, along with the former Council, he would support this ordinance and allow the voters to decide whether it was necessary in Tustin. Council/staff/speaker discussion followed regarding necessary time needed to revise the ordinance; and maximum dollar amounts to be specified in the ordinance. Motion carried 4-1, Potts opposed. 2. AUDIT COMMITTEE APPOINTMENT Mayor Pontious announced the candidates for the Audit Committee whowere interviewed at the June 1, 1992 Council meeting: Daniel O'Connell, Albert M. Shifberg-Mencher, Steven K. Wyns, and Arthur A. Zarnowski. She noted that since the time of the interviews, Frank Greinke had submitted a letter of resignation providing two committee vacancies with terms expiring in 1993 and 1995. The City Council voted and the following represents the ballot tally for terms expiring 1993: CITY COUNCIL MINUTES Page 8, 7-6-92 Pontious: Shifberg-Mencher Potts: Shifberg-Mencher Puckett: Shifberg-Mencher Saltarelli: Shifberg-Mencher Thomas: Shifberg-Mencher The following represents the ballot tally for terms expiring 1995: Pontious: Wyns Potts: Wyns Puckett: O'Connell Saltarelli: O'Connell Thomas: O'Connell Albert Shifberg-Mencher received five (5) votes and was unanimously appointed to the Audit Committee with term expiration in 1993; and Daniel O'Connell received three (3) votes and was appointed to the Audit. Committee with term expiration in 1995. Albert Shifberg-Mencher and Daniel O'Connell thanked the Council for the appointments. %I. NEW BUSINESS 1. RESOLUTION 92-84, ADOPTING THE CITY OF TUSTIN EMERGENCY PLAN Katie Pitcher, Administrative Assistant, reported the completed Emergency Plan for the City was prepared pursuant to guidelines established by the State Office of Emergency Services and briefly summarized the intent and implementation of the Plan. Council/staff discussion followed regarding City/school district coordination; and utilizing volunteers. - It was moved by Thomas, seconded by Potts, to adopt the following Resolution No. 92-84 adopting the City of Tustin Emergency Plan: RESOLUTION NO. 92-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE CITY OF TUSTIN EMERGENCY PLAN Motion carried 5-0. 2. FEE WAIVER - DINOSAUR DASH Gary Magill, Recreation Supervisor, reported the Tustin Public Schools Foundation was holding the second annual Dinosaur Dash on November 8, 1992, and would use the proceeds from the event to. provide grants for classroom teachers, staff training, workshops and seminars.' The Foundation had requested that the Temporary Use Permit, Police and Field Services Department fees be waived. CITY COUNCIL MINUTES Page 9, 7-6-92 The following member of the audience requested a fee waiver for Dinosaur Dash banner permit: Ben DeMayo, Tustin Schools Foundation, It was moved by Potts, seconded by Thomas, to waive all City department and banner permit fees for the Dinosaur Dash event. Motion carried 5-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 22, 1992 It was moved by Puckett, seconded by Thomas. to ratify the Planning Commission Action Agenda of June 22, 1992. Motion carried 5-0. 2. COMMUNITY IMPROVEMENT PARTNERSHIP PROGRAM (CIPP) STATUS REPORT It was moved by Puckett, seconded by Potts to receive and file subject report. Motion carried 5-0. 3. ALMERIA HOMES - SPEEDING ENFORCEMENT It was moved by Potts, seconded by Thomas to receive and file subject report. Motion carried 5-0. 4. SENIOR VOLUNTEER PROGRAM Mayor Pro Tem Potts requested a report at the July 20, 1992 Council meeting addressing how many volunteers were in the program and the recruitment process. It was moved by Potts, seconded by Thomas to receive and file subject report. Motion carried 5-0. 5. EVALUATION OF PARKING ON IRVINE BOULEVARD (SR -55 TO BROWNING AVENUE) IN CONJUNCTION WITH THE COUNTY'S IRVINE BOULEVARD WIDENING AND RESTRIPING PROJECT' Councilmember Thomas expressed concerns regarding inadequate business parking on Irvine Boulevard. William Huston, City Manager, noted that the County was the lead agency but the Council would have an opportunity to address Environmental Impact Report issues. It was moved by Puckett, seconded by Saltarelli, to receive and CITY COUNCIL MINUTES Page 10, 7-6-92 file subject report. Motion carried 5-0. 6. INVESTMENT SCHEDULE AS OF MAY 31, 1992 It was moved by Potts, seconded by Thomas, to receive and file subject report. Motion carried 5-0. %III. PUBLIC INPUT 1. AD HOC CAMPAIGN CONTRIBUTION COMMITTEE Jerry Weil, 1702 Summerville, Tustin, suggested forming an Ad Hoc committee to determine if problems exist in Tustin related to campaign contributions. Mayor Pontious directed staff to work with Mr. Weil in formation of the committee. %IV. OTHER BUSINESS 1. RESTRIPING RED HILL BETWEEN I-5/EDINGER Mayor Pro Tem Potts requested a report at the July 20, 1992 Council meeting regarding restriping on Red Hill between the I-5 freeway and Edinger to increase traffic flow. 2. 4TH OF JULY FIREWORKS SHOW Mayor Pontious, Mayor Pro Tem Potts, and Councilmembers Puckett and Thomas commended staff on the 4th of July Fireworks show. 3. "TOWN HALL" MEETINGS Councilmember Thomas requested the status on "Town Hall" meetings. William Huston, City Manager, responded scheduling information had been mailed to the Council. 4. BEAUTIFICATION COMMITTEE Councilmember Thomas reported Committee would be agendized meeting. 5. CITY NON-PROFIT FOUNDATION discussion of Beautification at the July 20, 1992 Council Councilmember Thomas reported discussion of a City Non -Profit Foundation would be agendized at the July 20, 1992 Council meeting. CITY COUNCIL MINUTES Page 11, 7-6-92 6. CONCERTS IN THE PARR Mayor Pontious noted the Concerts in the Park event would begin on Wednesday July 8, 1992, at Peppertree Park. %V. ADJOURNMENT Mayor Pontious adjourned the meeting at 9:05 p.m. The City Council had scheduled a budget workshop on Monday, July 20, 1992, 5:00 p.m. , at the Tustin Area Senior Center and the next regular meeting of the City Council was scheduled for Monday, July 20, 1992, 7:00 p.m., at the Tustin Area Senior Center. LESLIE ANNE PONTIOUS, MAYOR MARY E. WYNN, CITY CLERK