Loading...
HomeMy WebLinkAboutCC MINUTES 1984 03 19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MARCH 19, 1984 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:01 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Mayor Hoesterey, and the Invocation was given by Mayor Pro Tem Kennedy. II. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Frank H. Greinke Donald J. Saltarelli Councilpersons Absent: None Others Present: James G. Rourke, City Attorney William A. :Huston, City Manager Mary E. Wyn'n, City Clerk Donald D. Lamm, Com. Development Director Royleen A. White, Dir. of Admin. & Com. Srvcs. Robert S. Ledendecker, Dir. of Public Works Chief Charles R. Thayer, Police Department Jeff Kol in, Recreation Superintendent Approximately 40 in the audience III. PUBLIC INPUT 1. SLO-PITCH SOFTBALL PROGRAM CONCERNS ~-. Robert Wilt, 1731 Mitchell Avenue, speaking on behalf of 70 teams and their 850 individuals and sponsors that participate in the ~ Tustin Community Services slo-pitch softball program, expressed concern over the continued increase in required league fees, and the deterioration of the Columbus Tustin field, citing various injuries to players due to its condition. Mayor Hoesterey requested staff agendize the matter for the April 2, 1984, Council meeting. Council discussion followed. The following persons spoke in concurrence with Mr. Wilt: Wes Horn, 1382 Mauna Loa Jim Dickley, 14302 Cloverbrook Dave Jones, 165 Lockwood Park Place Jeff Bordock, Lamp Post Pi zza owner, 17391 Seventeenth Street 41 IV. PROCLAMATION 1. TUSTIN BREAKFAST LIONS CLUB Councilman Greinke read and presented a proclamation, accepted by Larrie Llewellyn, Club President, welcoming and extending wishes for continued success to the Tustin Breakfast Lions Club. Mr. w-. Llewellyn thanked the Council, introduced Club members present, and ' displayed the Club banner. Mr. Llewellyn stated that one of the Club's primary projects is an anti-graffiti program, and he reported on same. ~ 2. "RED CROSS MONTH" - APRIL, 1984 A proclamation designating March as "Red Cross Month" was read and presented by Mayor Hoesterey to Mark Rowland, Director of Emergency Services, Orange County Red Cross. Mr. Rowland expressed thanks to the Council, and reported on various activities of the Red Cross. 84 CITY COUNCIL MINUTES Page 2, 3-19-84 V. PUBLIC HEARINGS None. VI. CONSENT CALENDAR It was moved by Kennedy, seconded by Greinke, to approve the entire Consent Calendar. Councilman Saltarelli had questions on Item No. 8, but subject item was not removed from Consent Calendar. Following dis- cussion on Item No. 8, the motion carried 5-0. 1. APPROVAL OF MINUTES- MARCH 5, 1984 2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $110,261.77 APPROVAL OF DEMANDS IN THE AMOUNT OF $526,045.68 50 3. SAV-ON DRUGS, INC., ET AL. V. COUNTY OF ORANGE, CITY OF TUSTIN, ET. AL., OCSC CASE NO. 423348, CITY CLAIM NO. 84-4 Authorized the County Counsel of the County of Orange to defend the City of Tustin in subject action pursuant to Revenue and Taxation Code Section 5149 as recommended by the City Attorney. 40 4. REQUEST FOR RESTRICTED PARKING DURING SWEEPING OPERATIONS (ALLI- ANCE AVENUE, TUSTIN WEST APARTMENTS) Authorized installation of signing to restrict on-street park- ing during street sweeping hours, 6:00 a.m. to noon on Thurs- days, at 16531 and 16505 through 16501 Alliance Avenue, adja- cent to the Tustin West Apartments and that warnings be issued in lieu of citations for the first 30 days after sign installa- tion as recommended by the Director of Public Works/City Engi- neer. 75 5. RESOLUTION NO. 84-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS Adopted Resolution No. 84-27 as recommended by the Director of Public Works/City Engineer. 95 6. REJECTION OF CLAIM OF MICHAEL P. & MICHELE N. ARONCHICK; DATE OF LOSS: 11-19-83; DATE FILED W/CITY: 2-13-84; CLAIM NO. 84-3 Rejected subject claim as recommended by City Attorney. 40 7.REJECTION OF CLAIM OF ELIZABETH MOORE; DATE OF LOSS: 6-17-83; DATE FILED W/CITY: 9-23-83; CLAIM NO. 83-34 Rejected subject claim as recommended by City Attorney. 40 8. RESOLUTION NO. 84-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR THE FRONTIER PARK PRE-SCHOOL PLAY AREA AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 84-29 as recommended by the Director of Public Works/City Engineer. 77 9. HOMEOWNER REQUEST FOR TREE REMOVAL - 14092 WOODLAWN Approved removal of two subject trees with replacement of Mr. McMahon's choice from the City approved tree list as recom- mended by the Maintenance Superintendent. 86.1 10. HOMEOWNER REQUEST FOR TREE REMOVAL - 14621 BUCKINGHAM ROAD Approved removal of two subject trees with replacement of Mrs. Sagan's choice from the City approved tree list as recommended by the Maintenance Superintendent. 86.1 11. HOMEOWNER REQUEST FOR TREE REMOVAL - 14452 HEIGHTS DRIVE Denied removal of subject tree as recommended by the Mainte- nance Superintendent. 86.1 12. HOMEOWNER REQUEST FOR TREE REMOVAL - 1971 HAMPSHIRE ROAD Denied removal of subject tree as recommended by the Mainte- nance Superintendent. 86.1 CITY COUNCIL MINUTES Page 3, 3-19-84 13. RESOLUTION NO. 84-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT NO. 12138 Adopted Resolution No. 84-28 as recommended by the Community Development Department. 99 VII. ORDINANCES FOR INTRODUCTION ~" None. ~ VIII. ORDINANCES FOR ADOPTION 1. CABLE TELEVISION FRANCHISE TRANSFER - ORDINANCE NO. 905 It was moved by Saltarelli, seconded by Edgar, that Ordinance No. 905 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 905 by the City Clerk, it was moved by Saltarelli, seconded by Kennedy, that Ordi- nance No. 905 be passed and adopted. ORDINANCE NO. 905 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROVING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISION OF TUSTIN, INC. TO UNITED CABLE OF SOUTHERN CALIFORNIA, LTD. In response to Councilman Greinke's concern regarding corporate guarantees, the City Attorney stated that in his letter to United Cable representatives dated March 6, 1984, he noted that United may need to deal with the corporate guarantee issue further and that they might satisfy the Council through a written statement describ- ing the financial strength of the limited partnership. The City Attorney stated that whether or not to accept the financial strength of the partnership is a business decision of the Council, not a legal one. Council debate followed. Robert Toue, Vice President, United Cable, made the following points: 1) United Cable increased the value of the construction bond from $50,000 to $100,000, with a $50,000 performance bond for the period of the franchise; 2) Regarding the limited partnership strength, prior to the close of the transaction, the prospectus for the limited partnership is available and Council is welcome to look at it; 3) United would be willing to see language in the ordinance which essentially says that financial conditions of the transaction close must be presented prior to the transfer taking place. In response to Councilman Saltarelli's inquiry on the status of Catholic programming, Mr. Toue reported that Don Guthrie, Suburban Manager for CommuniCom systems, has met with representatives of the Catholic community and United is looking into a suggestion for inter-tying programming with the Catholic system. Following Council/staff discussion, Mr. Toue clarified his third point, stating that United has agreed to language in other fran- chises that essentially states they will submit the financial docu- mentation in a form approved by the City Attorney and/or the City Council. Mayor Hoesterey recommended Council approval of Mr. Toue's suggestion. The matter was deferred to a later point on the agenda for incl u- sion of exact language in the ordinance. (See page 5.) 53 IX. OLD BUSINESS None. X. NEW BUSINESS 1. REVENUE SHARING FUNDING RECOMMENDATIONS As recommended in the inter-com dated March 6, 1984, prepared by the Director of Community and Administrative Services, it was moved CITY COUNCIL MINUTES Page 4, 3-19-84 by Greinke, seconded by Saltarelli, to approve funding levels for 1983-84 Revenue Sharing to community non-profit groups as follows: Assessment Treatment and Services Center - $9,000 Boys Club of Tustin - $5,500 Feedback Foundation/TLC - $3,000 Bartlett Center/Meal s on Wheel s - $2,000 COPES, Child or Parent Emergency Services, Inc. - $9,500 Lestonnac C1 inic - $1,000 Senior Center Feasibility - $7,700 Motion carried 5-0. 29 Mayor Hoesterey thanked the Revenue Sharing Review Committee for their work. 2. WATER WELL DESIGN AND TEST HOLE PROJECT In response to Councilman Saltarelli, the City Manager and Director of Public Works clarified that the intent of staff's recommendation is to authorize staff to proceed with preparation of bid documents, cost estimates for a single test hole, and construction documents, during which Council will have opportunities to review same. Staff feel s that if the chemical treatment of the nitrate removal process is successful, the treatment would be expanded to every well with the nitrate problem, thereby decreasing the number of wells staff presently thinks need to be constructed. The Director noted that there are a great number of homes still on either septic tanks or cess pools, both within the City and the foothills area, which may be a cause for high nitrate levels. Councilman Saltarelli suggested that if that is the case, the City might very well spend money in better stead to hook up those homes to sewers than to construct new wells. The Director concurred, but stated that it could take upwards from 25-30 years to clear the groundwater basin, and something must be done in the interim. In accordance with Councilman Saltarelli's request, staff indicated they will obtain an approximate number of homes in the City, and their location, which are not hooked up to sewers, and staff will contact Sanitation District No. 7 and attempt to obtain a similar figure for the unincorporated County areas. In response to Councilman Edgar's request for a timetable, the Director of Public Works stated that chemical treatment was sug- gested by the East Orange County Water District, who manages the entire water basin, upon learning that Tustin was contemplating drilling a new well. The chemical treatment was not initially taken into account, and it has delayed the well site drillings by a few weeks, The Director provided procedural background, once the project proceeds, stating that it could be as long as six months from start to finish before the well is operational. After further Council/staff discussion, it was moved by Edgar, sec- onded by Greinke, to authorize staff to: a) Investigate the feasibility of entering into a joint effort with Orange County Water District to construct and operate a nitrate removal facility at the Main Street Water Plant; and b) Proceed with the well construction and test hole at a single location, Columbus-Tustin parksite at this time, in lieu of the previously approved two locations. Carried 5-0. 107 Councilman Edgar requested a meeting, prior to the next Council meeting, with the Director of Public Works, the City Manager, and a Boyle Engineering representative, for the purpose of looking criti- cally at the time line to accelerate construction of the well so that it is operational by summer, 1984. CITY COUNCIL MINUTES Page 5, 3-19-84 Councilman Greinke left the Council dais at approximately 8:15 p.m. 3. SANTA ANA TRANSPORTATION CORRIDOR TRANSIT ELEMENT - DRAFT ENVIRON- MENTAL IMPACT REPORT ~ It was moved by Edgar, seconded by Kennedy, to direct staff to respond with the comments and concerns of the City as outlined in the report dated March 12, 1984, prepared by the Director of Public ~ Works/City Engineer. The Director added that the report's last paragraph indicates Coun- cil's most recent action regarding the proposed sales tax, and recommended that this same feeling be communicated in the response. The motion carried 4-0, Greinke absent. 101 4. AWARD OF BID - CITY HALL CARPETING Bids for subject project were received as follows: Harlow's, Garden Grove $5,727.00 Rosine Company, Glendale $9,250.00 As recommended in the inter-com dated March 13, 1984, it was moved by Kennedy, seconded by Edgar, to award the contract for remov"V~l' and replacement of carpeting in the west section of City Hal 1 to Harlow's Contract Flooring Division, Garden Grove, in the amount of $5,727.00. Carried 4-~, Greinke absent. 39 XI. REPORTS 1. PLANNING COMMISSION ACTIONS - MARCH 12, 1984 It was moved by Hoesterey, seconded by Saltarelli, to ratify the March 12, 1984, Planning Commission Action Agenda. After brief discussion, the motion carried 4-0, Greinke absent. 80 Councilman Greinke returned to the Council dais at approximately 8:20 p.m. AGENDA ORDER VIII. ORDINANCE FOR ADOPTION 1. CABLE TELEVISION FRANCHISE TRANSFER - ORDINANCE NO. 905 Council directed its attention back to subject item. The City Attorney reported that the proposed revision on page 18, paragraph 32, would add a condition to read, "that United Cable of Southern California, Ltd. has filed with City a copy of its then-current prospectus together with conformed copies of the duly executed instruments of sale, transfer, assignment, and/or hypothecation." A substitute motion was made by Saltarelli, seconded by Greinke, that the following ordinance be passed and adopted with inclusion of the above language: ORDINANCE NO. 905 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROVING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISION OF TUSTIN, INC. TO UNITED CABLE OF SOUTHERN CALIFORNIA, LTD. Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 53 Mr. Toue responsed to Councilman Edgar on United Cable's policy regarding wiring multiple-family or condominium dwellings for cable television, as opposed to CommuniCom's former policy. CITY COUNCIL MINUTES Page 6, 3-19-84 XI. REPORTS 2. CAPITAL IMPROVEMENT PROJECT WATER MASTER PLAN SCHEDULING It was moved by Edgar, seconded by Hoesterey, to receive and file subject report dated March 14, 1984, prepared by the Director of Public Works/City Engineer. Carried 5-0. 107 3. TEMPORARY OLYMPIC GAMES ADVERTISING It was moved by Edgar, seconded by Saltarelli, to receive and file subject report dated March 19, 1984, prepared by the Community Development Department. Motion carried 5-0. 81 XII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of legal matters. 2. SALE OF FIREWORKS Pursuant to the inter-com dated March 16, 1984, prepared by the City Attorney, it was moved by Kennedy, seconded by Edgar, to sup- port the City of San Jose in its appeal and authorize the City Attorney to file an amicus curiae brief with the California Supreme Court indicating the concern and importance to the City of Tustin of being able to prohibit the sale of fireworks within the City. Carried 5-0. 52 3. PROTECTIVE ZONING PERIMETER FOR PUBLIC INSTITUTIONS In response to Mayor Pro Tem Kennedy's inquiry on the status of subject item, the Community Development Director reported that staff's survey of other cities in the County has taken longer than anticipated, and a report will be presented to the Planning Com- mission prior to Council's review of same. 81 4. SPEED CONTROL IN RESIDENTIAL AREAS The City Manager and Chief of Police responded to Councilman Edgar' s concern regarding control of speeding in residential areas. The City Manager reported that a bill has been introduced recently which would allow broader use of radar on residential streets without the 85th percentile requirement, and staff will keep Council apprised of same. The Chief of Police relayed methods presently used in residential areas to deter speeding, and stated they are continually looking into various devices that could help slow down traffic without exposing the City to excessive liability. 5. TINY TOTS PROGRAJ4 - C. C. LAIRBERT SCHOOL Councilman Greinke requested staff look into installing a door at Lambert School to block off the Tiny Tots' restrooms from use by persons loitering on the grounds. The Recreation Superintendent reported that a special door has been budgeted for next fiscal year in the amount of $1500. Councilman Greinke requested that the door be installed as soon as possible, to which staff responded the matter would be reviewed. 41 6. FAIR REAPPORTIONMENT INITIATIVE In accordance with Councilman Greinke's request, it was moved by Greinke, seconded by Edgar, to support Governor Deukmejia~ reapportionment proposal. Carried 5-0. 38 7. REMOVAL OF POLITICAL SIGNS Councilman Greinke requested that staff contact all five Council and two City Clerk candidates regarding practice of campaign courtesies by refraining from removing campaign signs, tossing them over fences, on the ground, etc. CITY COUNCIL MINUTES Page 7, 3-19-84 8. MAINTENANCE OF DRAINAGE DITCH The City Manager indicated staff would investigate responsibility for maintenance of a drainage ditch along Anglin near Prospect in response to Mayor Hoesterey's request. XIII. RECESS - REDEVELOPRENT; CLOSED SESSION; ADJOURNMENT At 8:45 p.m, it was moved by Greinke seconded by Edgar, to recess to the Redevelopmerit Agency; thence to ~ Closed Session for discussion of legal matters; and thence adjourn to the next regular meeting on April 2, 1984, at 7:00 p.m. Carried 5-0. ,~ ~TyrCLERK~