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.
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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
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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.
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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
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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
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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 ~