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HomeMy WebLinkAboutCC MINUTES 1986 07 07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JULY 7, 1986 I, CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Saltarelli at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly, and the Invocation was given by Mayor Pro Tem Hoesterey. II. ROLL CALL Councilpersons Present: Donald J. Saltarelli, Mayor Ronald B. Hoesterey, Mayor Pro Tem Richard B. Edgar John Kelly Ursula E. Kennedy Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Eva A. Nava, Deputy City Clerk Edward M. Knight, Senior Planner Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Royleen A. White, Dir. of Com. & Admin. Srvcs. Ronald A. Nault, Finance Director Susan Jones, Recreation Superintendent Approximately 40 in the audience III. PROCLAMATIONS 1. RETIREMENT OF DALE A. WICK, ASSISTANT CITY ENGINEER ' · Mayor Saltarelli presented a proclamation to Dale Wick in apprecia- tion of over 17 years of service to the City in the Engineering Division, and wishing him happiness upon his retirement. The Mayor added his personal kudos to Dale. Mr. Wick expressed his thanks to the Council. 84 2. NICK OGDEN, TLC SITE MANAGER The Mayor read a proclamation honoring Nick Ogden, TLC Site Man- ager, for his services to the community and in recognition of his 76th birthday. Mr. Ogden thanked the Council. 84 3. "PARKS & RECREATION MONTH" - JULY, 1986 , The Director of Community and Administrative Services accepted a proclamation from the Mayor designating July, 1986, as "Parks and Recreation Month." The Director thanked the Council. Ms. White took the opportunity to unveil the City's new cloisonne pin which will be given to community volunteers in acknowledgemerit ~ of their services. Councilmembers were honored by being the first to receive a pin. Mayor Saltapelli took a moment to reflect on the "fantabulous" ."" Fourth of July Fireworks Spectacular. He congratulated all staff members on the wonderful job done. 84 IV.:: PUBLIC HEARINGS 1. SOLID WASTE COLLECTION FEES PLACED ON TAX ROLLS - ORDINANCE NO. 974 The staff report and recommendation were presented by the Finance Director as contained in the inter-com dated July 1, 1986, prepared by the Finance Department. CITY COUNCIL MINUTES Page 2, 7-7-86 The Finance Director and City Manager responded to Council that whether the fee would qualify as a tax deduction is a grey area and would best be answered by the IRS. The Mayor suggested the fee be called a solid waste collection tax. In response to Councilman Edgar, the Finance Director stated that the proposed effective date is September 1, 1986. Mayor Saltarelli opened the public hearing at 7:22 p.m. James Wilmoth, no address given, spoke in opposition to placing solid waste collection fees on the property tax rolls. Ken Thompson, President of Laurelwood Homeowners' Association, spoke in favor of placing solid waste collection fees on the prop- erty tax rolls. Rick D~der, 13301 Charloma Drive, spoke in opposition to the matter. Joan Collins, 14155 Via Posada, stated the City should revert back to paying for solid waste collection services. The following persons spoke in Qpposition to the matter: Ruth Kelley, 17505 Via Calma Onolee Elliott, Yorba Street Richard Vining, 400 West Main Street There being no other speakers on the matter, the public hearing was closed at 7:47 p.m. In response to speakers' comments, the City Manager stated that individual hauling of trash is in violation of City ordinance. Public health requires that trash pickup be regulated through a franchise agreement with removal at least once per week. Leaving the matter status quo will result in an increase to residents of $1.25 per month more than what is proposed. The method of payment for trash collection will not affect the delivery of service. This method of payment does not violate Proposition 13. The Supreme Court has ruled that user fees can be enacted. Proposition 4 pro- hibits charging a fee greater than the actual cost of providing the service. A question-and-answer period followed. It was then moved by Edgar, seconded by Hoesterey, to take appro- priate action as determined by the City Attorney to approve the placement of solid waste collection fees on the property tax rolls at the proposed amount of $64.20 per unit to a maximum of three units. Councilman Kelly suggested the City pay for solid waste collection services from the General Fund to refund Tustin taxpayers for the two years that individual billing has been effective. After that two-year period, he suggested it revert back to the present system. After further Council comments, the motion carried 4-1, Kelly opposed. 97 The City Manager interjected that an ordinance is required on the matter, and first reading and introduction of same would be appro- priate. The City Attorney distributed subject ordinance. Gouncil went on to consider the next item to allow review of the ordinance. 2. TUSTIN LANDSCAPE & LIGHTING DISTRICT - RESOLUTION NO. 86-86 The Director of Public Works presented the staff report and recom- mendation as contained in the inter-com dated June 30, 1986, pre- pared by the Public Works Department/Engineering Division. The Mayor opened the public hearing at 8:07 p.m. There were no speakers on the matter, and the public hearing was closed. CITY COUNCIL MINUTES Page 3, 7-7-86 It was moved by Edgar, seconded by Kelly, to adopt the following: RESOtUTION NO. 86-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING THE ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND CONFIRMING THE ANNUAL 1986-87 FISCAL YEAR LEVY OF ASSESSMENT FOR THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LIGHTING FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT The motion carried 5-0. 25 AGENDA ORDER PUBLIC HEARING SOLID WASTE COLLECTION FEES PLACED ON TAX ROLLS - ORDINANCE NO. 974 ' Council returned to subject item for appropriate action as recom- mended by the City Attorney. It was moved by Edgar, seconded by Hoesterey, that Ordinance No. 974 have first reading by title only. Carried 5-0. Following first reading by title only of Ordinance No. 974 by the Deputy City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 974 be introduced as follows: ORDINANCE RO, 974 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ; TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION : 5473 ET SEQ OF THE HEALTH & SAFETY CODE OF THE STATE OF CALIFORNIA, FINALLY APPROVING AND ADOPTING A REPORT RELATIVE TO PARCELS OF REAL ~ PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES, DETERMINING THAT A MAJORITY PROTEST HAS NOT BEEN MADE, AND DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE CURRENT ~ ASSESSMENT ROLL The motion carried 5-0. 97 V; PUBLIC INPUT 1. PARKING STRUCTURE RAMP IN STEVENS SQUARE Richard Vining, 400 West Main Street, reported that a dirt pile has been sitting in Stayarts Square for close to two weeks. The City Manager and Senior Planner stated that the parking structure ramp had cracks due to compaction problems. Gfeller Development is con- structing a new ramp, and project completion is anticipated within 4-6 weeks. Councilwoman Kennedy requested investigating the possibility of replacing the block wall with an iron fence around the upper level of the parking structure in an effort to deter theft of vehicles. Staff indicated the matter would be studied in connection with the possibility of access from E1 Camino Real. James Wilmoth also complained about the dirt pile. He stated that original plans have not been fully adhered to in reference to an entrance from E1 Camino Real. 60 V-A, ORAL PRESENTATION 1. FINDINGS OF THE FOOTHILL/EASTERN/I-5 BOTTLENECK ANALYSIS - SHARON GREENE, PROJECT MANAGER, ORANGE COUNTY TRANSPORTATION COMMISSION Ms. Greene made a 15-minute Bottleneck Study slide presentation. The presentation identified the study area and compared the various alternatives which were studied on the basis of traffic congestion relief, impacts to residential and business communities, and costs. CITY COUNCIL MINUTES Page 4, 7-7-86 Ms. Greene outlined the final recommendations proposed and unani- mously endorsed by the Bottleneck Study Policy Committee: 1) Continue Commitment to Solve Bottleneck Problem; 2) Delete All Freeway Connector/Arterial Extension Alternatives; 3) Pursue Further Examination of Regional Freeway System Upgrades - Study further how proposed I-5 widening can address problem. In addition, coordinate with CalTrans and OCTD on transit way study as it proceeds, and look further at Route 57 extension issue; 4) Plan Future Transportation Corridors & Arterial Connections to Minimize or Eliminate Bottleneck Problems - It is possible for the Eastern Corridor to be aligned considerably farther east than original studies had indicated, to connect into theLaguna Freeway 133, to avoid convergence of new corridors dir~tly~at: Myford Road which could severelyimpact existing traffi~ prob- lems and development; 5) Coordinate Land Use & Transportation Policies - Determine what impacts of major development proposals are before approved so that the existing transportation system can handle the demands projected upon it; and 6) Continue Investigation of Alternative Funding Sources. Council discussion followed. Mayor Saltarelli thanked Ms. Greene for her presentation. Peer Swan, no address given, expressed concern that the proposed widening of the I-5 freeway will severely impact Tustin High School, the Boys and Girls Club of Tustin, Laurelwood, and adjacent residential areas. He expressed willingness to share the cost to improve and maintain the quality of life, including roads. He hoped there would be some arrangement with Orange and Villa Park where they would also take a certain amount of impact from the cur- rent EIS to widen the I-5. Mr. Swan spoke in favor of Freeway Con- nector Alternative 2A (Santiago Creek) which he felt was prema- turely eliminated, should have been studied further, and should have been routed around Orange Park Acres so as to minimize commu- nity environmental impacts. Mayor Saltarelli concurred with Mr. Swan's comments. He stated Tustin will accept a certain amount of I-5 widening, but will~ remain vigilant to protect Tustin from excessive negative impacts. Jeanine Harmon, 12232 RanchWood Road, spoke in support of the Bottleneck Study Policy Committee's findings and final recommenda- tions. Councilman Edgar noted that Ms. Harmon is his appointee to the Transportation Citizens Advisory Commission. 101 VI, CONSENT CALENDAR It was moved by Edgar, seconded by Hoesterey, to approve the entire Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - JUNE 16, 1986, REGULAR MEETING JUNE 30, 1986, ADJOURNED REGULAR MEETING 2o APPROVAL OF DEMANDS IN THE AMOUNT OF $485,363.88 RATIFICATION OF PAYROLL IN THE AMOUNT OF $295,491.86 50 3, REJECTION OF CLAIM NO, 86-12; CLAIMANT: CANDICE LILY COWART; DATE OF LOSS: 2/2/86; DATE FILED WITH CITY: 4/4/86 Rejected subject claim as recommended by the City Attorney, 40 4. RESOLUTION NO, 86-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FOR THE FISCAL YEAR 1986-87 Adopted Resolution No, 86-84 pursuant to Council action of June 16, 1986. 29 CITY COUNCIL MINUTES Page 5, 7-7-86 VII.ORDINANCES FOR INTRODUCTION None. VIII!. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS 1. TUSTIN AUTO CENTER LOUDSPEAKER CRITERIA As recommended in the inter-com dated July 7, 1986, prepared by the · Community Development Department, it was moved by Hoesterey, sec- onded by Kennedy, to continue subject item to July 21, 1986. Car- ried 5-0. 81 2. EAST TUSTIN ASSESSMENT DISTRICT NO. 86-1 Pursuant to the City Manager's recommendation, it was moved by Hoesterey, seconded by Edgar, to continue subject item to an Adjourned Regular Meeting on Monday, July 14, 1986, at 5:00 p.m. Motion carried 5-0. 25 3. EL MODENA-IRVINE CHANNEL (FACILITY FO7) As recommended by the City Manager, it was moved by Hoesterey, sec- onded b~ Edgar, to continue subject item to an Adjourned Regular Meeting on Monday, July 14, 1986, at 5:00 p.m. The motion carried 5-0. 25 X. NEW BUSINESS 1. AWARD OF BID - REPLACEMENT PLAY STRUCTURE AT MAGNOLIA TREE PARK Bids for subject project were received on June 24, 1986, as follows: Miracle Recreation Equipment Company, San Pedro $9,203.44 Site Schemes, Inc., Orange No Bid It was moved b~ Kennedy, seconded by Edgar, to award the contract for subject park improvements to Miracle Recreation Equipment Com- -~!~ pany, San Pedro, in the amount of $9,203.44, as recommended in the inter-com dated July 1, 1986, prepared by the Community Services Department. The motion carried 5-0. 77 XI. REPORTS 1. DECORATIVE CROSSWALKS ON EL CAMINO REAL AND MAIN STREET The Director of Public Works presented the staff report and recom- mendation as contained in the inter-com dated July 1, 1986, pre- pared by the Public Works Department/Engineering Division. It was ~" then moved b~ Kenned , seconded b~ Edgar, to authorize installation ) of raised white ref~ctive markers at two test intersections - E1 Camino Real and Third Street, and Main and "C" Streets; and if acceptable, complete installations on all other decorative cross- : walks along E1Camino Real and Main Street. After Council/staff discussion, the motion carried 5-0. 46 XII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for personnel matters pursuant to Government Code Section 54957. CITY COUNCIL MINUTES Page 6, 7-7-86 2. RELOCATION OF JOHN WAYNE AIRPORT SOUND MONITORS Councilman Kelly requested relocation of airport approach sound monitors from Bonita Way to 300 South "C" Street, and from Grand and McFadden Avenues to Service Road (behind Currie Intermediate School). The Mayor requested staff relay subject request:~to ~he appropriate County office. 101 3. LIAISON COMMITTEE TO ORANGE COUNTY OFFICE OF PROTOCOL Councilman Kelly requested staff serve in his place on the -Liaison~ Committee to the Orange County Office of Protocol. 38 4. CONSOLIDATION OF CITY OF LA HABRA MUNICIPAL ELECTIONS Councilman Kelly noted that the City of La Habra has taken action to consolidate its municipal elections with the County, leaving only three cities in the County who have not done so. He again urged the Council to support consolidation of Tustin municipal elections. 48 5, FOURTH OF JULY FIREWORKS SPECTACULAR Mayor Pro Tem Hoesterey complimented staff on the excellent Fourth of July Fireworks show. Councilwoman Kennedy and Councilman Edgar concurred. 41 6. NAGNOLIA TREE PARK BASKETBALL COURTS Councilwoman Kennedy requested staff repair the basketball hoops and investigate the possibility of rubberizing the basketball court surface so that it is not slick. 77 7. BELLWICK COMMUNITY ASSOCIATION - REQUEST FOR ANNEXATION Mayor Saltarelli read a letter from the Bellwick Community Associa- tion requesting annexation to the City. I It was then moved by Edgar, seconded by Kennedy, to authorize staff to take necessary steps to initiate annexation proceedings with LAFCO as requested by the Bellwick Community Association for the area located at Browning Avenue and Irvine Bulevard. The motion carried 5-0. 24 XIII. RECESS - REDEVELOPMENT AGENCY; CLOSED SESSION - ADJOURNMENT At 9:03 p.m. it was moved by Kennedy, seconded by Edgar, to recess to the Redevelopmerit Agency; and thence to a Closed Session for personnel matters pursuant to Government Code Section 54957; and thence adjourn to an Adjourned Regular Meeting on July 14, 1986, at 5:00 p.m.; and thence to the next Regular Meeting on Monday, July 21, 1986, at 7:00 p.m. Carried 5-0. ' /MAYOR ~