HomeMy WebLinkAboutCC 1 MINUTES 04-02-84MINUTES OF A REGULAR
OF THE CITY COUNCIL OF
CITY OF 1USTIN, CALIFORNIA
MARCH 19, 1984
II.
CALL TO ORDER/PLEDGE OF ALLEGIA#CE/I#VOCATION
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.
ROLL CALL
Counctlpersons Present:
Council persons ~b sent:
Others Present:
Ronal d B. Hoesterey, Mayor
Ursula E. Kennedy, Mayor Pro Tem
Richard B. Edgar
Frank H. Greinke
Donald J. Sal tarel 1 i
None
James G. Rourke, City Attorney
William A. Huston, City Manager
Mary E. Wynn, City Clerk
Donald D. Lamm, Com. Development Director
Royleen A. White, Dir. of Admtn. & Com. Srvcs.
Robert S. Ledendecker, Dir. of Public Works
Chief Charles R. Thayer, Police Department
Jeff Kolin, Recreation SuPerintendent
Approximately 40 in the audience
III. PUBLIC ItJPUT
1. SLO-PITCH SOFTBALL PROGRNI 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 Pizza owner, 17391 Seventeenth Street
41
IV.
PROCLAI~TION
1. llJSTIN 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.
Llewellyn thanked the Council, introduced Club members present, and
displayed the Club banner. Mr. Llewell~m stated that one of the
Club's primary projects is an anti-graffiti program, and he
reported on same. 84
2. '~ CROSS NO#TH' - 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.
CITY COUNCIL MINUTES
Page 2, 3-19-84
VI.
PUBLIC HEARII~S
None.
CONSENT CALENOAR
It was moved by Kennedy, seconded by Greinke, to approve the entire
Consent Calendar. ~ouncilman saltarelli had questions on Item No. 8,
'Following dis-
but subject item was not removed from Consent Calendar.
cussion on Item No. 8, the motion carried 5-0.
1.
2.
e
APPROVAL OF MXNUTES- MARCH 5, 1984
RATIFICATION OF PAYROLL IN THE AMOUNT OF $110,261.77
APPROVAL OF ~S IN THE AMOUNT OF $526,045.68 SO
SAV-ON DRUGS,. Ill(:., ET ~L. V. COUNTY OF 0~, CITY OF TUSTIN,
ET. AL., OCS(; CASE #0. 4~.3348, CITY CIJ~IM 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 reco,iwaended by the City Attorney.
4. REQUEST FOR RESTRICTED PARKING OUR[NG SWEEPING ~PERAT[ONS (ALLI-
ANCE AVENUE, TUSTIN NEST 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-
75
neor.
5. RESOLUTION #0. 84-2? - 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 I~CHAEL P. & MICHELE N. ARONCMICK; DATE OF
LOSS: 11-19-83; DATE FILED W/CITY: 2-13-84; CLAIR NO. 84-3
Rejected subject claim as recommended by City Attorney. 40
7. REJECTION OF CLAIR OF ELITJU~Ellt NOORE; DAll~ OF LOSS: 6-17-83; BATE
FILED W/CITY: 9-23-83; CLAIR 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 ARF. A AND OIRECTING THE CITf CLEM TO ADVERTISE
FOR BIDS
Adopted Resolution No. 84-29 as recommended by the Oirector of
Public Works/City Engineer. 77
9. HOMEOWNER REQUEST FOR TREE ~VAL - 14092 WOODLAW#
Approved removal of ~wo 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 RE]~OVAL - 146Z1BUCKINGHAN 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 REI~OYAL - 14452 HEIGHTS DRIVE
Denied removal of subject tree as recommended by the Mainte-
nance SuPerintendent. 86.1
12. ltO~EOWNER REQUEST FOR TREE REIIOVAL - 1971 lt/~PSHIRE 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.
VIII ·
IX.
ORDINANCES FOR INllllI)UCTION
None.-
ORDINANCE FOR ADOPTION
1. CABLE TELEVISION FRANCHISE TRANSFER - ORDINANCE NO. 905
It was moved by Saltarelli, seconded by Edgar, that Ordinance No.
905 have second reaUing by title only. Carried 5-0. Following
second reading by title only of Ordinance No. NOS by the City
Clerk, it was moved by Saltarelli, seconded by Kennedy, that Ordi-
nance No. 905 be passed and adopted.
ORI)INANCE NIL 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 Guthrte, Suburban
Manager for CommuntCom 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 inclu-
sion of exact language in the ordinance. (See page 5.)
OLD BUSINESS
None.
NEW BUSINESS
1. REVENUE SHARING FU#DING RECOI~BDATIONS
As recommended in the inter-corn 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 Snaring to community non-profit groups as follows:
Assessment Treatment and Services Center - $9,000
Boys Club of Tustin - $5,500
Fee~ack Foundation/TLC - $3,000
Bartlett Center/Meal s on Wheel s - $2,000
COPES, Child or Parent Emergency Services, Inc.- $9,500
Lestonnac Clinic - $1,000
Senior Center Feasibility - $7,700
Motion carried 5-0. Z9
Mayor Hoesterey thanked the Revenue Sharing Review Committee for
their work.
WATER WEt. L 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
feels 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 thinl~s 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 dase, 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 Sal tarelli' 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
dr~illing 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.
XI.
e
SA#TA ~ 'I'RAN~RTAI'IO# coRRIDOR lllA#SIT BENICNT - ~ E#VXRON-
MEliTAL IIqPACT RICPOlil'
It was moved by Edgar, seconded by Kennedy, to direct staff to
respond ~dth the comments and concerns of U,e 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 co,mtmntcated in the response.
The motion carried 4-0, Greinke absent.
101
4. Aw~mu~I) OF BIB -CIl~f itALL CARPETII~
Bids for subject project were received as follows:
Harlowms, Garden Grove
Rosi ne Company, G1 endal e
$5,727.00
$9,250.00
As recommended in the inter-corn dated March 13, 1984, it was moved
by Kennedy, seconded by Edgar, to award the contract for re~
and replacement of carpeting in the west section of City Hall to
Harlow's Contract Floo~ing Division, Garden Grove, in the amount of
$5,727.00. Carried 4-0, Greinke absent. 39
R~PORTS
1. PLAII#II~ (~ISSIO# ACTIOIIS - 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 Cou~il dais at approximately 8:20
p.m.
AGENOA OIIDER
¥III. ORI)I#ANCE ~R ~OPTIO#
1. CABLE TELEVISION FRANCHISE TRJUISFER - 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:
ORI)INAIICE 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:
NOES:
ABSENT:
Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
None
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.
XII.
REPORTS
Z. CAPITAL It~PROVEI~ENT PROJECT gATER IqKSTER PI.All SCHEDULING
It was moved by Edgar, seconded by Hoestere~, to receive and file
subject report dated March 14, 1984, prepared by the Director of
Public Works/City Engineer. Carried 5-0. 107
3. TEI~POltARY OLYI~IC GNqES 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.
OTHER BUSINESS
1. REQUEST FOR Q. OSF. J) SESSIOll
The City Manager requested a Closed Session for discussion of legal
matters.
2. SALE (IF FIREWORtCS
Pursuant to the inter-com dated March 16, 1984, prepared by the
City Attorney, it was moved by Kennedy, seconded by EdgarI, 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 PERI#ETER FOR PUBLIC I#STITUTIOllS
In response to Mayor Pm 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 Ill RESIDEllTIAL ARFJiS
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. TIgY TOTS PROGRAM - C. C. LNqBERT 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.
6. FAIR REAPPORTIOIJI~E]~T I#ITIATIVE
In accordance with Councilman Greinke's request, it was moved by
Greinke, seconded by Edgar, to support Governor Deukmejianms fair
reapportionment proposal. Carried 5-0. 38
7. P, BWK)VAL OF' POLITICAL SZGllS
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. RRINTENANC£ OF DRAINAGE DITCH
The City Manager indicated staff would investigate responsibility
for maintenance of a drainage ditch along Angl. in near Prospect in
response to Mayor Hoesterey's request.
XIII.
RECESS - REDEVELOPNENT; CLOSED SESSION; ADdOURNICE:NT
At 8:45 p.m. it was moved by Greinke, seconded by Edgar,.to recess to
the Redevelopment Agency; thence to a 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.
MRYUR
CITY CLERK