HomeMy WebLinkAboutMINUTES 03-19-84II.
III. -
IV.
MllaITES OF A REGULAR )EETING
OF llt£ CI1l COUNCIL OF lliE
CI1l OF 1USTIN, CALIFOIUIIA
MARCH lg, 1984
C,q.L TO ORD£R/PLED~ OF ALLEGIAIICE/IIJVOCATIOIi
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.
EBLL CALL
Council persons Present:
Council persons Absent:
Others Present:
Ronald B. Hoesterey, Mayor
Ursula E. Kennedy, Mayor.Pro Tem
Richard B. Edgar
Frank H. Gretnke
· Oonald J. Sal tarel I 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 Admin. & Com. Srvcs.
Robert S. Ledendecker, Dir. of Public Works
Chief Charles R. Thayer, Police Department
Jeff Kolin, Recreation Superintendent
Approximately 40 in the audience
PUBLIC I~PUT
1. ~O-PITCH SOFTBALL PROGRAIq CONCERNS
Robert Wilt, 1731 Mit:hell 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
April 2, 1984, Council meeting. Council discussion followed.
The following persons spoke in concurrence with Mr. Wilt:
the
Wes Horn, 1382 Mauna Loa
Jim Oickley, 14302 Cloverbrook
Dave Jones, 165 Lockwood Park Place
Jeff Bordock, Lamp Post Pizza owner, 17391 Seventeenth Street
41
PROCL..q#M'Z ON
1. TUSTIN BREAKFAST LIONS CLUB
Councilman Gretnke read and presented a proclamation, accepted by
Larrie Llewelllm, Club President, welcoming and extending ~shes
for continued success to the Tustin Breakfast Lions Club. Mr.
Llewellyn thanked the Council, introduced Club members present, and
displayed the Club banner. Mr.
Club's primary projects is an
reported on same.
2. 'lam CROSS lq~NTH' - APRIL, 1984
Llewellyn stated that one of the
anti-graffiti program, and he
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 HEARINGS
NO ne.
~O#SEIIT ~q. ENOAR
It was moved by Kennedy, seconded by Greinke, to approve the entire
Consent Calenaar. Councilman ia)tarelli haa'~uestions 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. RAI~FICATION OF PAYROLL IN THE AMOUNT OF $110,261.77
APPROVAL OF OEI~S IN THE AMOUNT OF $526,045.68
3. SAV-ON ORUGS~ INC., ET AL. V. COUNTY OF ORANGE, CITY OF 1USTIN,
ET. AL., OCSC C~E NO. 4~334~), CIlY CLAIM NO. 044
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.
e
10.
REQUEST FOR RESTRICll~D 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
RESOLUTION NC. 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.
REdECTION OF CLAIM OF MICHAEL P. & MICHELE N. AROIlCHICK; DATE OF
LOSS: 11-19-83; DATE FILED )i/CITY: 2-13-84; CLAIM NO. 84-3
Rejected subject claim as recommended by City Attorney. 40
REJECTION OF CLAIM OF ELIZABETH MOORE; DATE OF LOSS: 6-17-83; DATE
FILED )i/CITY: 9-23-83; CLAI# NO. 83-34
Rejected subject claim as recommended by City Attorney. 40
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
HONEO)IIJER REQUEST FOR TREE RI-340YAL - 14092 WOODLAW#
Approved removal of two subject trees with replacement of Mr.
M:Mahon's choice from the City approved tree list as recom-
mended by the Maintenance Superintendent. 86.1
HOMEOWIER ~QUEST FOR TREE RIg~OVAL - 14621 BUCKINGliAN RO/U)
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. NOI~OWNER ~QUEST FOR TREE RENOYAL - 14452 HEIGilTS DRIVE
Denied removal of subject tree as recommended by the Mainte-
nance Superintendent. 86.1
12. NO~EOt~IER REQUEST. FOR TREE RE#OVAL - 1971HRNPsillRE ROAD
Oenied removal of subject tree as recommended by the Mainte-
nance Superintendent. 86.1
13.
CITY COUNCIL MINUT£S
Page 3, 3-19-84
RESQUITION MO. 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.
VII. ORDINANCES FOR INTRODUCTION
None.
VIII. oMOiNA~E FOR ADOPTION
1. CABLE TELEVISION FRANCHISE TR~SFER - ORDINANCE
It was moved by Saltarelli, seconded by Edgar, that Ordinance No.
905 have second reading Dy title only. Carried B-O. Following
second reading by title only of Ordinance No. 905 by the City
Clerk, it was moved by Saltarellt, seconded by Kennedy, that Ordi-
nance No. 905 be pas~ed and adopted.
OROINA~E MO. gO5 - 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 ~oncern regarding corporate
guarantees, the City Attorney stated that in his letteK, 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'most 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 inclu-
sion of exact language in the ordinance. (See page 5.)
IX. ~ ~SI#E~
None.
X. NEW Bt~INE~
REVENUE SHARING FUIi)ING RI!COllATIONS
As recomended 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 Sharing to community non-profit groups as follows:
Assessment Treatment and Services Center - S9,O00-
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.
Mayor Hoesterey thanked
their work.
the Revenue Sharing Review Committee for
2. WATER WELL OESIGll AIIO TEST HOLE PRO,)ECT
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 eve~ 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 nunf~er 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 ve~ 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 tarell i ' s request, staff- indicated
they will obtain an apl~roximate nu~er 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
p~eviously 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 pan.
e
XI.
SAMTA A#A TRNJSPORTAI~ON CORRIDOR TRA#SIT ELEI~ - DRAFT EM¥IRO#-
MENTAL I~ACT 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. A~ARD OF BID -* CITY HN.L CARPETING
Bids for subject project were received as follows:
Harlow's, Garden Grove
Rosi ne Company, G1 endal ·
$5,727.00
$g,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 r~
and replacement of carpeting in the west section' of City Hall to
Harlow's Contract Flooring Division, Garden Grove, in the amount of
$5,727.00. Carried 4-0, Greinke absent. . 39
REPORTS
1. PtAN#IBG COI~ISSXOII ACllOIIS - MARCH 12, 1984
It was moved by Hoesterey, seconded by Saltarelli, to
March 12, 1984, Planning Commission Actien Agenda.
discussion, the motion carried 4-0, Greinke absent.
ratify the
After brief
80
Councilman Greinke return~ to the Council dais at approximately 8:20
p.m.
AGENDA OIIDER
'VIII. ONOlIJAIIgE FOR ADOPTIOII
1. CABLE TELEVISIOB FRA#CHISE TRA#SFER - ORDI#/I~E 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
prespectuS together with conformed copies of the duly executed
instruments of sale, transfer, assignment, and/or hypothecation."
A substitute motion was mede by Saltarelli, seconded_b Gretnke,
that the fOllOwing orUlnance be passc~l and adopteU withYincluslon
of the above language:'
OI~)IMIICE 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 llJSTIN, INC. TO UNITED CABLE
OF SOUTHERN CALIFORNIA, LTl).
Roll cal-1 vote:
AYES:
NOES:
ABSENT:
Mr. Toue
Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
None
None
53
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. ~RTS
XII.
2. CAPITAL INPROVENENT PROJECT WATER I~R~"rER 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
TE)~POR~Y OLY~IC GA~ES 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
OTHER BUSINESS
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 withi: the City.
Carried 5-0. 52
3. PROACTIVE ZONING PERINEllER FOR PUBLIC INSTIll)TIOM$
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. SPEE]) CONTROL IN R[SIDENTIAL AREAS
The City Manager and Chief of Police respopded 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 ~o 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. TIlff TOTS PROGRAM - C. C. LAI~iERT SCHOOL
Councilman Greinke requested staff look into installing a door at
La,bert 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 REAPPORTIONlW~NT INITIATIVE
In accordance with Councilman Greinke's request, it was moved by
Greinke, seconded by Edgar, to support Governor Deukmejian's fair
reapportionment proposal. Carried 5-0. 30
7. REIdlOVAL (~' 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, 3-1g-84
8. RIkXNTERANC£ 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 - REI)EVELOPMEIIT; Q.OSED SESSIOli; Ai~OURliME)IT
At 8:45 p.m. it was moved by Greinke, seconded by Edgar, to recess to
the Redevelopment Agency; thence to a Closed session tot discussion of
legal matters; and thence adjourn to the next regular meeting-on
April Z, 1984, at 7:00 p.m. Carried 5-0.
CLERK
1. CALL TO ORDER
MINUTES OF A REGULAJ~ I~ETING
OF 1)lE REOEVELOP)~rNT AGENCY OF
ltlE CIlY OF TUSTIN, CALIFORNIA
MARCH 19, 1984
The meeting was called to order by Chai~nan Hoesterey at 8:45 p.m. in the
City Council Chambers, 300 Centennial Way, Tustin, California.
2. ROLL CALL
Agency Members Present:
Agency Members Absent:
Others Present:
3. APPROVAL OF MINUTES
Ronal d B. Hoesterey, Chairman
Ursula E. Kennedy, Chairperson Pro Tem
Richard B. Edgar
Frank H. Greinke
Donald J. Saltarelli
None
James G. Rourke, City Attorney
William A. Huston, Exec. Director/City Manager
Mary E. Wynn, Recording Secretary/City Clerk
Donald D. Lamm. Com. Development Director
Royleen A. White, Dir. of Admin. & Com. Services
Chief Charles R. Thayer, Police Department
Robert S. Ledendecker, Director of Public Works
Jeff Kolin, Recreation Superintendent
iApproximately 10 in the audience
It was moved by Kennedy, seconded by Edgar, to approve the minutes of the
March 5, 1984, meeting. Carried 5-0.
4. ~PNOVAL OF DE HANDS
It was moved by Kennedy, seconded by Edgar, to aprove demands in the
amount of $16,739.88 for the m~nth of February, 1984, as recommended by
the Finance Director. Motion carried 5-0. 81
E~BOSSEO CONCRETE I~OlAJJ PAVING IHPROVEMENTS - FIRST STREET BEll4EEN 'B"
STREET & REWPORT AVENUE
As recommended in the inter-com dated March 2, 1984, prepared by the
Engineering Division on subject item, it was moved by Edgar, seconded by
Greinke, to authorize the Tustin City Council to act on behalf of the
~opment Agency in administrating and disbursing of funds for paving
of narrow neck center medians with embossed concrete on First Street
between "B" Street and Newport Avenue and allocate Redevelopment Agency
funds in the amount of $21,000.00 to accomplish said work. Carried 5-0.
DESIGN REVIEW NO. 5-84 - RESOt. UTION NO. NOA 84-6
Following consideration of the inter-com dated March 19, 1984, prepared by
the Community Development Department, it was moved by Saltarelli, seconded
by Edgar, to adopt the following:
RESOLUTION NO. RDA 84-6 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF llJSTIN, CALIFORNIA, APPROVING THE DESIGN OF A 4,307
SQUARE FOOT RETAIL COMMERCIAL BUILDING AT THE SOUTHEAST CORNER OF
CENTENNIAL WAY AND FIRST STREET
After a brief question-and-answer period, the motion carried 5-0. 81
7. AD,.IOURI~NT
At 8:48 p.m. the Agency meeting was adjourned to the next regular meeting
on April 2, 1984, by unanimous informal consent.
C HA I R~TAN
RECOR~ NG