Loading...
HomeMy WebLinkAboutCC 1 MINUTES 05-20-91MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA MAY 6, 1991 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 Mayor Pro Tem Pontious. 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 Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Assistant City Manager 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 Dana Ogden, Senior Planner Dan Fox, Senior Planner Susan Jones, Recreation Superintendent Valerie Whiteman, Chief Deputy City Clerk - Wendy Hallman, Junior Civil Engineer -- Anne Bonner, Assistant Planner Melissa O'Neal, Recreation Supervisor Katie Pitcher, Administrative Assistant Approximately'50 in the audience IV. PROCLAMATIONS I. FIRE SERVICE RECOGNITION DAY - MAY 11, 1991 Mayor Puckett read and presented a proclamation to Battalion Chief Rohde, representing the Orange County Fire Department, for Fire Service Recognition Day, May 11, 1991. Battalion Chief Rohde accepted the proclamation and thanked the Council for the recognition. He invited everyone to attend open house events at local fire stations on May 11, 1991. 2. TUSTIN OLDER AMERICANS MONTH Mayor Puckett read and presented a proclamation declaring May as Tustin Older Americans Month. CITY COUNCIL MINUTES Page 2, 5-6-91 Mary Cimildoro, accepted the proclamation on behalf of Tustin older Americans. 3. CELEBRATE THE FAMILY WEEK - MAY 12-18, 1991 Mayor Puckett read and presented a proclamation honoring Celebrate the Family Week, May 12-18, 1991. Sam Randall, Parks and Recreation Chairperson, accepted the proclamation and thanked the Council for their recognition and support of Celebrate the Family Week. He invited all Tustin residents to join in the week's activities. 4. CLEAN AIR WEEK - MAY 6-12, 1991 Mayor Puckett read and presented a proclamation supporting Clean Air Week, May 6-12, 1991. Dr. Paul Selecky, President of Board of Directors, American Lung Association of Orange County, thanked the Council for their support in joining in the fight for clean air and urged citizens to ride share. V. PUBLIC HEARINGS 1. RESOLUTION NO. 91-49, ESTABLISHING TRANSPORTATION DEMAND MANAGEMENT FEES FOR SPECIFIED NEW DEVELOPMENT PROJECTS Katie Pitcher, Administrative Assistant, reported that as part of the requirements of the county -wide Congestion Management Program mandated by the State, the City Council adopted Ordinance No. 1062 which established Transportation Demand Management requirements for specified new development projects. The ordinance required certain actions by developers of non-residential projects with employment projections of 100 or more, which included a Trip Reduction Strategy Plan and an Annual Compliance Report to the City. To administer review of each report and additional enforcement of the ordinance, Resolution No. 91-49 would establish the Transportation Demand Management fees for specified new development projects. Ms. Pitcher summarized the fees and stated the resolution would enable the City to recover direct expenses associated with implementation of the program, thereby placing the financial burden directly upon each development project. Council/staff discussion followed regarding the annual report review process and fee analysis. Mayor Puckett opened the public hearing at 7:20 p.m. There were no speakers on the subject and the public hearing was closed. Councilmember Edgar stated the administrative process fee could be modified each year if necessary. CITY COUNCIL MINUTES Page 3, 5-6-91 It was moved by Edgar. seconded by Pontious, to adopt the following Resolution No. 91-49 establishing Transportation Demand Management Fees for Specified New Development Projects: RESOLUTION NO. 91-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING TRANSPORTATION DEMAND FEES FOR SPECIFIED NEW DEVELOPMENT PROJECTS Motion carried 5-0. 2. APPEAL OF CONDITIONAL USE PERMIT 91-04, 305 EAST MAIN STREET Anne Bonner, Assistant Planner, reported that the property owners at 305 E. Main Street were appealing a condition of approval for Conditional Use Permit 91-04 and requested elimination or modification of the condition. The City Code required a right-of-way dedication or improvement prior to the issuance of permits for commercially zoned properties especially those that abut designated streets on the City's Master Plan of Streets and Highways. Main Street was classified as a primary arterial and an additional 10 foot dedication was required at this property. The City Engineer and the City Attorney's office did not recommend modifying or eliminating the condition of approval for the following reasons: 1) The City participates in a County of Orange Arterial Highway Financing Program requiring protection of rights-of-way based upon cooperative cost sharing with the county to construct or maintain these roadways; and 2) the Orange County Transportation Authority determined that local agency non-compliance with the Master Plan of Arterial Highways would be ineligible for various State funding resulting in a substantial financial impact to the City. Council/staff discussion followed regarding review procedures for .Conditional Use Permits and right-of-way dedication requirements. Mayor Puckett opened the public hearing at 7:25 p.m. The following member of the audience spoke in opposition to Conditional Use Permit 91-04: David Pool, Secretary, Tustin Masonic Temple Association There were no other speakers on the subject and the public hearing was closed. Councilmember Edgar questioned if, after the dedication of right-of-way, the Council could permit the structure to be used as a day care center for a certain number of years without invoking the right-of-way. James Rourke, City Attorney, replied that option could be reviewed but he did not believe that proposal would be in conformity with the Arterial Highway Financing Program. CITY COUNCIL MINUTES Page 4, 5-6-91 Councilmember Prescott stated he was concerned with the arterial highway designation on Main Street and the possible destruction of historic buildings. He believed a day care center was needed in Tustin and requested continuance to the next meeting to explore creative alternatives. Mayor Pro Tem Pontious was also in favor of a day care center but stated the City must protect its funding. It was moved by Prescott. seconded by Potts, to continue this item to the May 20th Council meeting to develop a creative solution which would allow a day care center on that location without jeopardizing State funding. Motion carried 5-0. 3. GENERAL PLAN EXTENSION REQUEST Dana Ogden, Senior Planner, reported that California State Law required each city to adopt a comprehensive General Plan for the physical development of the community. Currently the General Plan was being updated under contract and expected to be completed and approved by the City in 18 months. The State of California Government Code Section 65361 authorized local agencies to apply for a one-year extension of time, with the possibility of an additional one year extension if needed, in order to complete and adopt revisions to the mandatory elements of the General Plan without fear of litigation. Mayor Puckett opened the public hearing at 7:40 p.m. There were no speakers on the subject and the public hearing was closed. ' Mayor Pro Tem Pontious supported the General Plan extension and its importance as a guide for the future of Tustin. Councilmember Edgar requested progress reports on the General Plan update. Council concurred. Council/staff discussion followed regarding the General Plan completion date. It was moved by Edgar, seconded by Pontious, to adopt the following Resolution No. 91-44 requesting that the State Office of Planning and Research approve a 12 -month extension for City preparation and adoption of an updated General Plan: RESOLUTION NO. 91-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING AN EXTENSION OF TIME TO REVISE THE CITY OF TUSTIN GENERAL PLAN Motion carried 5-0. CITY COUNCIL MINUTES Page 5, 5-6-91 4. APPEAL OF AMENDMENT TO CONDITIONAL USE PERMIT 89-45 (COLONIAL BIBLE CHURCH) Dan Fox, Senior Planner, reported in March 1990, the Planning Commission approved a Conditional Use Permit to allow Colonial Bible Church to establish their facility at 14450 Chambers Road and reciprocal parking for that church at 14401 Franklin Avenue and 14450 Chambers Road in the Planned Community -Industrial District with required sidewalk installation on the 14450 Chambers property. The Planning Commission adopted a resolution modifying that Condition to defer installation of the sidewalk up to six months from issuance of a Certificate of Occupancy for the church. The applicant appealed that decision and was requesting the City Council relieve them entirely from the obligation to install a sidewalk adjacent to 14450 Chambers. Council/staff discussion followed regarding time frame for requiring sidewalk installation. Mayor Puckett opened the public hearing at 7:50 p.m. The following member of the audience spoke in opposition to the sidewalk requirement: Mike Hamilton, Colonial Bible Church representative There were no other speakers on the subject and the public hearing was closed. Councilmember Edgar stated he thought the sidewalk was impractical and would not be used because people would walk .through the parking lot instead of crossing over a berm and _ landscaping to walk on the sidewalk. Mayor Puckett questioned whether the sidewalk would be required in the future and felt that the sidewalk was not necessary at this time. Councilmember Prescott said he favored waiving the requirement. Mayor Pro Tem Pontious wanted complete sidewalking in the industrial area but would be willing to postpone the requirement to a future date. Councilmember Potts said he was opposed to sidewalks in industrial areas and felt there was not a pedestrian safety factor involved. It was moved by Edgar, seconded by Prescott, to agendize on May 20th a resolution deleting the sidewalk installation requirement adjacent to 14450 Chambers Road; and authorized staff to release the subject Certificate of Occupancy. Motion carried 5-0. CITY COUNCIL MINUTES Page 6, 5-6-91 5. AMENDMENTS TO THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Dana Ogden, Senior Planner, reported in March 1989, City Council approved the Orange County Hazardous Waste Management Plan, its associated Environmental Impact Report, and adopted an urgency ordinance regarding city-wide interim zoning regulations for the siting of hazardous waste facilities. The county Plan was sent to the State Department of Health Services on June 1, 1989, but was formally disapproved after it was determined that the County's Plan did not comply with the State's guidelines. The County made changes in the Plan and it was recirculated to Orange County cities for approval. He summarized the changes of the Plan and stated staff had reviewed the proposed amendments and recommended that the Final Environmental Impact Report be determined adequate for consideration of the Orange County Hazardous Waste Management Plan as amended through adoption of Resolution No. 91-67, and that the amendments to the Plan be approved through adoption of Resolution No. 91-65. He added that with Council's approval of the changes in the Plan, staff would -prepare an amendment to Ordinance No. 1045, the interim zoning regulations regarding siting on hazardous waste management. Mayor Puckett opened the public hearing at 8:05 p.m. There were no speakers on the subject and the public hearing was closed. It was moved by Potts, seconded by Prescott, to approve the following Resolution Nos. 91-67 and 91-65: RESOLUTION NO. 91-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN IS ADEQUATE TO SERVE AS THE EIR FOR THE PROGRAM, AS AMENDED, BY THE COUNTY AND THAT ALL FEASIBLE MITIGATION MEASURES HAVE BEEN PREVIOUSLY INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 91-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING OF AMENDMENTS TO THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Motion carried 5-0. VI. PUBLIC INPUT 1. TUSTIN AREA COUNCIL FOR FINE ARTS/PINE TREE PARR PLAYGROUND EQUIPMENT Don Biery, 1792 Lance Drive, Tustin, on behalf of the Tustin Area Council for Fine Arts, invited the Council to an art show and tea on Monday, May 13, 19911 at the Tustin Area Senior Center. CITY COUNCIL MINUTES Page 7, 5-6-91 Mr. Biery also thanked the Council and staff for the new playground equipment at Pine Tree Park. 2. WATER RATIONING Carol Martin, 18221 Leafwood Lane, Tustin, urged the Council to reconsider the method by which the Tustin Water District intended to ration water for residential users. The method adopted by the Tustin Water Department permitted some residents to use more water than they had used previously without penalty while asking other property owners to reduce consumption by 50%. William Huston, City Manager, explained the City did not have available software to compute individual water usage and had averaged the 15 percent reduction between residential, commercial and industrial uses. He encouraged residents to utilize the appeals process if they felt their allocation was inadequate. Debbie Baron, 18021 Bryce Place, Santa Ana, questioned method used to determine water rationing and reported she had not received a variance form as requested. 3. MILITARY PERSONNEL ACTIVITIES Al Shifberg-Mencher, 16282 Main Street #3B, Tustin, reported on several local activities concerning military personnel and encouraged the community to participate. 4. LOW -FLUSH TOILETS FOR WATER CONSERVATION Casper Kasparian, 13581 Wheeler, Tustin, requested a.staff report on low -flush toilets and conversion information. Council concurred and requested all water saving devices available for new construction be included in the report. VII. CONSENT CALENDAR Item No. 16 was removed from the Consent Calendar by Councilmember Potts. It was moved by Edgar, seconded by Pontious, to approve the remainder of the Consent Calendar. Motion carried 5-0. 1. APPROVAL OF MINUTES - APRIL 15, 1991 REGULAR MINUTES Approved the City Council Minutes of April 15, 1991. 2. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Approved Demands in the amount of $6,723,331.83 and ratified Payroll in the amount of $579,543.21. 3. DISPOSITION OF SURPLUS TRAILER Declared the specified item surplus and not required for public use; and authorized the City's purchasing agent to dispose of the item in accordance with Ordinance No. 871. CITY COUNCIL MINUTES Page 8, 5-6-91 4. AUTHORIZE PURCHASE OF FURNISHINGS FOR THE TUSTIN AREA SENIOR CENTER Authorized purchase of furnishings for the Tustin Area Senior Center in the amount of $9,744.75 from Vertex Business Interiors of Tustin. S. TENTATIVE TRACT MAPS 13030 AND 13038 RESOLUTION NO. 91-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13030 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 91-57; and RESOLUTION NO. 91-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13038 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 91-59; and RESOLUTION NO. 91-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 13030 Approved Tentative Tract Map No. 13030 by adopting Resolution No. 91-58; and RESOLUTION NO. 91-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 13038 Approved Tentative Tract Map No. 13038 by adopting Resolution No. 91-60. 6. VESTING TENTATIVE TRACT MAP NO. 14295 RESOLUTION NO. 91-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR VESTING TENTATIVE TRACT MAP 14295 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Approved the Environmental Determination for the project by adopting Resolution No. 91-61; and CITY COUNCIL MINUTES Page 9, 5-6-91 RESOLUTION NO. 91-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 14295 TO CREATE SEVENTY-SEVEN (77) NUMBERED AND SEVEN (7) LETTERED LOTS FOR A SINGLE-FAMILY RESIDENTIAL PROJECT LOCATED ON LOTS 11 AA, BB, AND CC OF TRACT 13627 Approved Vesting Tentative Tract Map No. 14295 by adopting Resolution No. 91-62, subject to the conditions contained in Exhibit A of Planning Commission Resolution No. 2899. 7. RESOLUTION NO. 91-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FACILITY FUNDS UNDER SB 821 Adopted Resolution No. 91-55 approving the application for Bicycle and/or Pedestrian Facility Funds under DB 821. S. AWARD OF CONTRACT FOR SIDEWALK AND CURB AND GUTTER REPAIR PROJECT, 1990-91 FISCAL YEAR Awarded the contract for the subject project to White Construction of West Covina, California, in the amount of $911,857.00. 9. DECLARATION OF SURPLUS VEHICLES AND WORK EQUIPMENT Declared the equipment detailed in report as surplus and not required for public use and authorized the Public Works Department to dispose of equipment in accordance with Ordinance No. 871. 10. RESOLUTION NO. 91-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION OF CERTAIN COMMUNITY DEVELOPMENT DEPARTMENT RECORDS Adopted Resolution No. 91-63 authorizing the destruction of Community Development Department records --pursuant to the authority granted by Sections 34090, 34090.5 of the Government Code of the State of California. 11. ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT NO. 13106 Accepted the public improvements within Tract No. 13106 and authorized release of the following subdivision public improvement bonds: Faithful Performance Bond No. 11119071311, $264,000; Labor and Materials Bond No. 11119071311, $132,000; and Monumentation Bond No. 11119071329, $59,000. 12. AGREEMENT - ROGER ERNST & ASSOCIATES, AUCTIONEERS Authorized the City Manager to execute an auction agreement with Roger Ernst & Associates, Auctioneers, for the Police Department Annual Auction of surplus City property and bicycles. 13. POTLATCH CORPORATION - CLAIM AGAINST THE COUNTY SANITATION DISTRICT AND MEMBER CITIES Authorized the County Sanitation District to provide the City's legal defense related to litigation involving the District and its member cities. CITY COUNCIL MINUTES Page 10, 5-6-91 14. FOURTH OF JULY FIREWORKS Authorized the City Manager to sign an agreement in the amount of $8,000 with Pyro-Spectaculars, Inc. to provide a pyro-music show for the Annual Fourth of July Celebration. 15. PROPERTY PENALTY TAX LITIGATION WITH THE COUNTY OF ORANGE Approved the tentative agreement to settle for 22% of tax penalties impounded between July 1, 1985 and June 30, 1989. 17. RESOLUTION NO. 91-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR PROJECT I - CONSTRUCTION MAINTENANCE ACCESS RAMPS TO PARKS AND PROJECT II - CONSTRUCTION GREEN VALLEY SIDEWALK RELOCATION; AND AUTHORIZING THE ADVERTISEMENT OF BIDS Adopted Resolution No. 91-68 approving plans and specifications for the subject projects and directed the City Clerk to advertise for bids. CONSENT CALENDAR NO. 16 - RESOLUTION NO. 91-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION PLAN Councilmember Potts requested a report containing justification for the overall cost, financial impact, and who was currently performing the duties of the proposed positions. William Huston, City Manager, replied that these were reclassified positions based upon reorganization of the Police Department. Council concurred to continue this item to the May. 20, 1991 Council meeting and requested staff submit a detailed report. VIII. ORDINANCES FOR INTRODUCTION 1. CURFEW ORDINANCE NO. 1068 W. Douglas Franks, Chief of Police, reported that curfew ordinances were a measure the police department could use in an effort to control juveniles in the southwest portion of the City. Council/staff discussion followed regarding which other Orange County cities were utilizing a curfew ordinance, a future loitering ordinance, and the legality of a curfew ordinance. Mayor Puckett said he believed this ordinance would be an asset to the Southwest Neighborhood Stabilization Program. It was moved by Edgar, seconded by Puckett, that Ordinance No. 1068 have first reading by title only. Motion carried 5-0. CITY COUNCIL MINUTES Page 11, 5-6-91 Following first reading by title only of Ordinance No. 1068 by the City Clerk, it was moved by Edgar, seconded by Puckett, that Ordinance No. 1068 be introduced as follows: ORDINANCE NO. 1068 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 6102 OF TITLE 6 "PUBLIC WELFARE" RELATING TO A CURFEW FOR MINORS Motion carried 5-0. 2. ORDINANCE NO. 1066 - ENFORCEMENT OF RECREATION VEHICLE PARKING It was moved by Edgar. seconded by Pontious, that Ordinance No. 1066 have first reading by title only. Motion carried 5- 0. Following first reading by title only of Ordinance No. 1066 by the City Clerk, it was moved by Pontious, seconded by Edgar, that Ordinance No. 1066 be introduced as follows: ORDINANCE NO. 1066 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5330(e) AND REPEALING SECTION 5340(e) OF TITLE 5 RELATING TO - THE STORAGE OF RECREATIONAL VEHICLES ON PUBLIC STREETS Motion carried 5-0. 3. ORDINANCE NO. 1056 - PROPOSED AMENDMENT TO TUSTIN CITY CODE SECTION 1140 It was moved by Edgar. seconded by Pontious, to continue this item to the May 20, 1991 Council meeting. Motion carried 5-0. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 1064 - PROSPECT AVENUE UNDERGROUND DISTRICT NO. 12 It was moved by Edgar, seconded by Prescott, that Ordinance No. 1064 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1064 by the City Clerk, it was moved by Pontious, seconded by Edgar, that Ordinance No. 1064 be passed and adopted as follows: ORDINANCE NO. 1064 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND DISTRICT NO. 12, PROSPECT AVENUE, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION CITY COUNCIL MINUTES Page 12, 5-6-91 Motion carried 5-0 (roll call vote). 2. ORDINANCE NO. 1067 - DISORDERLY CONDUCT It was moved by Pontious, seconded by Potts, that Ordinance No. 1067 have second reading by title only. Motion carried 5-0. Councilmember Potts stated that Tustin was one of the few cities that had enacted a municipal code section prohibiting this type of disorderly conduct. Following second reading by title only of Ordinance No. 1067 by the City Clerk, it was moved by Potts, seconded by Pontious, that Ordinance No. 1067 be passed and adopted as follows: ORDINANCE NO. 1067 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 6330 OF PART 3 OF CHAPTER 3 "DISORDERLY CONDUCT" OF TITLE 6 "PUBLIC WELFARE" OF THE MUNICIPAL CODE RELATING TO INDECENT CONDUCT Motion carried 5-0 (roll call vote). 3. ORDINANCE NO. 1065 - YORBA STREET UNDERGROUND DISTRICT NO. 13 It was moved by Pontious, seconded by Prescott, that Ordinance No. 1065 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance No. 1065 by the City Clerk, it was moved by Pontious, seconded by Potts, that Ordinance No. 1065; be passed and adopted as follows: _ ORDINANCE NO. 1065 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING UNDERGROUND DISTRICT NO. 13, YORBA STREET, AND DECLARING ITS INTENTION TO ORDER THE CONVERSION Motion carried 5-0 (roll call vote). X. OLD BUSINESS 1. FEEDBACK FOUNDATION REQUEST FOR FUNDING Royleen White, Director of Community and Administrative Services, reported Council had previously authorized a "not to exceed" amount regarding the congregate site program that the Feedback Foundation and the City provided at the Tustin Area Senior Center. She stated that staff had clarified with the Feedback Foundation that the City's remaining obligation on the congregate program was $2,727. Council/staff discussion followed regarding alternative providers for home -delivered meals. CITY COUNCIL MINUTES Page 13, 5-6-91 Mayor Puckett complimented Nick Ogden, TLC, on the money he had raised on behalf of the Feedback Foundation. It was moved by Potts, seconded by Pontious, to appropriate $8,649 to Feedback Foundation for funding of home -delivered meals. Motion carried 5-0. XI. NEW BUSINESS 1. APPEALS BOARD - WATER RATIONING PROGRAM William Huston, City Manager, reported that with adoption of the Water Rationing Program, staff recommended Council appoint a Water Appeals Board. The Board would consider appeals of staff decisions regarding reallocation of water and would reduce or eliminate the number of final appeals to the Council. He suggested appointing members of the Water Corporation Board to the Water Appeals Board, or the Council could appoint candidates through an advertisement process. Council/staff discussion followed regarding the Water Corporation Board's willingness to serve as the Water Appeals Board, filling the vacancy on the Water Corporation Board, and the appeal process. Councilmember Prescott said he preferred the Water Appeals Board be comprised of people who were not politically appointed and did not have social connections in the City. He wanted an objective body comprised of staff members. Mayor Puckett favored questioning the Water Corporation Board as to their willingness to serve as the Water Appeals Board. Councilmember Edgar agreed because he wanted the people who had submitted appeals to receive the benefit of a response as soon as possible. The following member of the audience spoke requesting North Tustin residents be considered for the Board: Alex Carrassi, 17961 Arbolada Way, Tustin Council discussion followed regarding monthly agendized updates from the Water Corporation Board detailing consumption and rationing by the City; and the complexity of the letter sent to residents regarding the water rationing program. Council concurred to agendize on May 20th the response from the Water Corporation Board and status of filling the vacancy on the Water Corporation Board. CITY COUNCIL MINUTES Page 14, 5-6-91 2. MEASURE "J" Councilmember Prescott stated that Measure "J" opponents had requested this item be agendized. The following members of the audience spoke in opposition_ to Measure J: Alex Carrassi, 17961 Arbolada Way, Tustin, Treasurer, Al Shifberg-Mencher, Director of Chamber of Commerce Councilmember Edgar stated he opposed Measure "J" because the proposed half -cent sales tax did not include a commitment from the Board of Supervisors to discontinue their efforts to charge cities for jail booking fees. Councilmember Potts stated that although he felt the County needed another jail facility, he did not believe the proposed jail location was economically feasible. Councilmember Prescott stated that this was an unnecessary tax and he favored investigating other alternatives to incarceration. Mayor Pro Tem Pontious said she did not feel there was enough information at this time to make a decision on the subject and encouraged residents to study the issue. Mayor Puckett stated he would abstain on this issue. It was moved by, Prescott, seconded by Potts, to adopt the following Resolution No. 91-70 opposing Measure "J": - RESOLUTION NO. 91-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, OPPOSING MEASURE "J" ON THE MAY 14, 1991, SPECIAL ELECTION BALLOT Motion carried 3-0. Puckett and Pontious abstained. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - APRIL 22, 1991 It was moved by Edgar, seconded by Pontious, to ratify the Planning Commission Action Agenda of April 22, 1991. Motion carried 5-0. ft 2. 'WELCOME HOME THE TROOPS" CELEBRATIONS It was moved by Edgar, seconded by Potts, to receive and file subject report. CITY COUNCIL MINUTES Page 15, 5-6-91 - Mayor Pro Tem Pontious was pleased that the 4th of July celebration would honor veterans of the Persian Gulf, Vietnam, and Korean Wars. Mayor Puckett invited everyone to show their support for the troops by participating in the planned celebrations. Motion carried 5-0. 3. TRAFFIC STUDY - NEWPORT AVENUE AT EL CAMINO WAY/I-5 NORTHBOUND ON-RAMP Robert Ledendecker, Director of Public Works, reported that the Council requested staff conduct a traffic study on Newport Avenue in the vicinity of El Camino Way/I-5 northbound on-ramp, particularly the northbound left turning movement onto the I-5 northbound on-ramp. The major congestion was caused by the closure of Red Hill Avenue on/off-ramps and the lack of adequate storage for the northbound left -turn pocket on Newport Avenue at E1 Camino Way. He recommended Alternative 1A, striping changes to provide two westbound lanes on El Camino Way and shorten the southbound left -turn pocket on Newport Avenue at Nisson. He also summarized the peak/non-peak hour roadway condition utilizing other proposed alternatives. Council/staff discussion followed regarding the use of police department overtime for traffic control. Councilmember Potts stated he supported Alternative lA with the inclusion of Alternative No. 4, using City police officers on overtime during peak congestion periods, if it was funded by Caltrans. Councilmember Edgar requested staff submit an implementation progress report in 30-60 days. It was moved by Edgar, seconded by Potts, to approve striping changes to provide two westbound lanes on El Camino Way and shorten the southbound left turn pocket on Newport Avenue at Nisson Road; use City police officers during peak congestion periods; and direct staff to submit a mitigation analysis report to Council in 30-60 days. Motion carried 5-0. 4. 1990-91 CAPITAL IMPROVEMENT PROJECTS SCHEDULE/STATUS REPORT - QUARTERLY UPDATE It was moved by Edgar, seconded by Pontious, to receive and file subject report. Motion carried 5-0. CITY COUNCIL MINUTES Page 16, 5-6-91 -- 5. STATUS REPORT - EL CAMINO REAL RECONSTRUCTION AND WIDENING It was moved by Pontious, seconded by Edgar, to receive and file subject report. Motion carried 5-0. 6. INVESTMENT SCHEDULE AS OF MARCH 301, 19.91 It was moved by Edgar, seconded by Pontious, to receive and file subject report. Motion carried 5-0. 7. WORKSHOP - PARRS FINANCING REPORT Councilmember Potts stated he was disappointed that the report did not present creative or independent financial ideas for park financing. William Huston, City Manager, replied that the proposed park financing workshop would offer an opportunity for financing ideas. Councilmember Edgar was pleased the report identified City - owned property and future possible land acquisition. He believed in developing a plan and looked forward to the workshop for innovative ideas. Council concurred to schedule a Parks Financing Workshop on May 20, 1991, at 5:30 p.m. The Parks and Recreation Commission and public were invited to attend. XIII. PUBLIC INPUT - None XIV. OTHER BUSINESS 1. UPDATE POPULATION SIGNS Councilmember Edgar requested the City population signs be updated to 52,145 to reflect the U. S. Census survey of January 1, 1991. Council concurred. 2. PARKING AT CAMINO REAL PARK Councilmember Potts reported on unsuccessful attempts to meet with the Sycamore Glen Homeowners' Association or its President regarding the parking at Camino Real Park. 3. FLAG POLES AT NEW CITY HALL LOCATION Councilmember Prescott requested flag poles be installed at the new City Hall location, 15222 Del Amo Avenue. CITY COUNCIL MINUTES Page 17, 5-6-91 4. CITY ENTRY SIGNS AT FIRST STREET/TUSTIN AVENUE Councilmember Prescott reported loss of City entry signs at First Street/Tustin Avenue due to automobile collision and requested replacement. Robert Ledendecker, Director of Public Works, replied that replacement had been ordered. S. CLOSED SESSION STATEMENT Councilmember Prescott questioned the accuracy of the Closed Session statement. James Rourke, City Attorney, corrected the property description. XV. CLOSED SESSION Mayor Puckett announced the City Council would recess to Closed Session pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator concerning the purchase/sale/exchange/lease of properties located at (1) easterly side of Prospect, north of Main Streit and (2) Vandenberg Lane, westerly of the Orange County Flood Control Channel. gpl. ADJOURNMENT Mayor Puckett adjourned the meeting at 9:25 -p.m. The next regular meeting of the City Council was scheduled for Monday, May 20, 1991, at 7:00 p.m. CHARLES E. PUCKETT, MAYOR MARY E. WYNN, CITY CLERK