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HomeMy WebLinkAboutCC MINUTES 1986 01 20 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF THSTIN, CALIFORNIA JANUARY 20, 1986 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Greinke at 7:03 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Hoesterey, and the Invocation was given by Councilman Edgar. II. ROLL CALL Councilpersons Present: Frank H. Greinke, Mayor Donald J. Saltarelli, Mayor Pro Tem Richard B. Edgar Ronald B. Hoesterey Ursula E. Kennedy Councilpersons Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Robert S. Ledendecker, Dir. of Public Works Royleen A. White, Di r. of Com. & Admin. Srvcs. Fred Wakefield, Police Captain Approximately 30 in the audience IZI. PROCLAMATIONS 1. "OFFICER OF THE MONTH" DURING 1985 - THSTIN POLICE DEPARTMENT Mayor Greinke presented proclamations to 13 members of the Tustin Police Department for their selection as "Officer of the Month" by the Tustin Chamber of Commerce during 1985. 84 Captain Wakefield received recognition in thanks for good manage- ment of the Tustin Police Department. 2. BOYS & GIRLS CLUB OF TUSTIN - TWENTIETH ANNIVERSARY Cliff Polston, Executive Director, and Chuck Puckett, President, received a proclamation from Mayor Greinke in recognition of the Twentieth Anniversary of the Boys and Girls Club of Tustin. Mr. Polston and Mr. Puckett thanked the Council. At the Mayor's request, Mr. Polston provided information on the Halley's Comet Camp in which the Club recently participated. 84 IV. COMMUNITY NOTES 1. CULINARY ARTS CONTEST Mayor Greinke announced the Culinary Arts Contest to be held on Thursday, January 23, 1986, at 6:30 p.m. at the MCAS(H)-Tustin enlisted men's dining hall. The contest is open to the public and will feature entries in various categories prepared by over 50 Marine chefs from both the LTA and E1Toro bases. 2. TLC PROGRAM The Mayor noted that January 23, 1986, marks the eighth anniversary of the Senior Citizens TLC program. This anniversary will be cele- brated at 11:30 a.m. in the various TLC Centers. 3. COUNCILMAN HOESTEREY'S BIRTHDAY Mayor Greinke extended birthday wishes to Councilman Ron Hoesterey which was on January 19. CITY COUNCIL MINUTES Page 2, 1-20-86 V. PUBLIC HEARINGS 1. ZONING ORDINANCE AMENDMENT NO. 85-8; PROHIBITION OF TOXIC WASTE TRANSFER STATIONS - ORDINANCE NO. 954 (Continued from December 16, 1985) The Community Development Director presented the staff recommenda- tion as contained in the inter-com dated January 20, 1986, prepared by the Community Development Department. The public hearing was opened at 7:19 p.m. There were no speakers on the matter. It was then moved by Hoesterey, seconded by Edgar, to continue the public hearing for consideration of the following to February 3, 1986: ORDINANCE NO. 954 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING ZONING ORDINANCE AMENDMENT 85-8 PROHIBITING THE DEVELOPMENT AND/OR OPERATION OF TOXIC WASTE TRANSFER STATIONS WITHIN THE CITY LIMITS Councilwoman Kennedy stated she was anxious about subject item. The motion carried 5-0. 102 VI. PUBLIC INPUT Hone. VII. CONSENT CALENDAR Item No. 7 was removed from the Consent Calendar by Greinke, and Item No. 10 was removed by Kennedy. It was moved by Hoesterey, seconded by Edgar, to approve the remainder of the Consent Calendar. The motion carried 5-0. 1. APPROVAL OF MINUTES - JANUARY 6, 1986, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $420,730.90 RATIFICATION OF PAYROLL IN THE AMOUNT OF $125,140.95 50 3. RESOLUTION NO. 86-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z-BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM Adopted Resolution No. 86-7 as recommended by the Recreation Superintendent. 41 4. RESOLUTION NO. 86-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE COLUMBUS TUSTIN ATHLETIC FIELD RENOVATION AND LIGHTING PROJECT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adopted Resolution No. 86-8 as recommended by the Recreation Superintendent. 77 5. RESURFACING OF MELVIN WAY, WASS STREET & WARREN AVENUE, COOPERATIVE AGREEMENT NO. D85-202, AND RESURFACING OF HOLT AVENUE & SEVENTEENTH STREET, COOPERATIVE AGREEMENT NO. D85-203 Approved subject agreements between the City and County of Orange; and authorized their execution by the Mayor and City Clerk as recommended by the Engineering Division. 45; 86-3 6. RESOLUTION NO. 86-9 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE O.C.U.T.T. PROGRAM THE RECONSTRUC- TION OF MAIN STREET Adopted Resolution No. 86-9 as recommended by the Engineering Division. 95 8. RESOLUTION NO. 86-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (SAN JUAN STORM DRAIN FACILITY) Adopted Resolution No. 86-11 as recommended by the Engineering Division. 91 CITY COUNCIL MINUTES Page 3, 1-20-86 9. RESOLUTION NO. 86-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1985-86 PAVEMENT REHABILITATION AND ASPHALT CONCRETE OVERLAY PROGRAM AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adopted Resolution No. 86-12 as recommended by the Engineering Division. 95 Consent Calendar Item No, 7 - Main Street Water Main Project - Mayor ~reinke expressed concern about the contractor's poor safety program during project construction. He requested staff insure that no claims have been filed against the City as a result of same. It was then' moved by Greinke, seconded by Hoesterey, to 1) Adopt the following; and RESOLUTION NO. 86-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (MAIN ST. FROM "C" ST. TO PASADENA WATER MAIN) 2) Assuming no claims or stop payment notices are filed 30 days after recordation, authorize payment of final 10% retention amount as recommended by the Engineering Division. The motion carried 5-0. 107 Consent Calendar Item No, 10 - Approval of Appeal of Use Permit 85-28, 17241 Irvine Boulevard - Mayor Greinke declared a conflict of interest on the matter. Mayor Pro Tem Saltarelli assumed the chair. Councilwoman Kennedy reiterated her opposition as expressed at the January 6 Council meeting. Councilmembers also expressed their posi- tions on the matter. It was then moved by Edgar, seconded by Hoesterey, to adopt the follow- ing: RESOLUTION NO. 86-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, WAIVING THE REQUIREMENT OF A TEN FOOT IRREVOCABLE OFFER OF DEDICATION ALONG IRVINE BOULEVARD FOR THE PROJECT APPROVED BY USE PERMIT 85-28 AT 17241 IRVINE BOULEVARD. The motion carried 3-1, Kennedy opposed, Greinke abstained. 81 Council debate/discussion following on the matter. It was then moved by Kennedy, seconded by Saltarelli, to direct staff to report back in 60 days on the pros and cons of requiring the irrevocable offer of dedication, define the City's rights in the matter, and establish a Council policy on same. Motion carried 5-0. 81 VIII,ORDINANCES FOR INTRODUCTION None. IX, ORDINANCES FOR ADOPTION 1.ZONING ORDINANCE AMENDMENT NO, 85-7 - REVISIONS TO COMMERCIAL. PARK- ING STANDARDS - ORDINANCE NO, 963 It was moved by Saltarelli, seconded by Kennedy, that Ordinance No. 963 have second reading by title only. Carried 5-0. Following second reading of Ordinance No. 963 by the Ci'~y Clerk, it was moved by Edgar, seconded by Hoestere~, that Ordinance No. 963 be passed and adopted as follows: ORDINANCE NO, 963 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE PERTAINING TO COMMERCIAL PARKING STANDARDS CITY COUNCIL MINUTES Page 4, 1-20-86 Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 109 2. AMENDMENTS TO THE MUNICIPAL CODE - REGULATIONS OF FORTUNE TELLING BUSINESSES ORDINANCES NO. 958, NO. 959 AND NO. 960 (Continued from January 6, 1986) T It was m~ved by Saltarelli, seconded by Greinke, that Ordinance No. 958:have second reading by title only. Motion carried 5-0~ Following second reading by title only of Ordinance No. 958 by the City Clerk, it was moved by Kennedy, seconded by Hoesterey, that Ordinance No. 958 be passed and adopted as follows: ORDINANCE NO. 958 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, (ZONING ORDINANCE AMENDMENT NO. 85-9) AMENDING SECTION 9232b AND SECTION 9233c OF THE TUSTIN CITY CODE PERTAINING TO THE OPERATION OF FORTUNE-TELLINGBUSINESSES Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 31 It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 959 have second reading by title only. Carried 5-0. Following second reading by title only of Ordinance No. 959 by the City Clerk, it was moved by Edgar, seconded by Hoestere~., that Ordinance No. 959 be passed and adopted as follows: ORDINANCE NO, 959 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 2523 OF THE TUSTIN CITY CODE (FORTUNE TELLING) Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None It was moved by Hoesterey, seconded by Edgar, that Ordinance No. 960 have second reading by title only. Motion carried 5-0. Following second reading by title only of Ordinance NO. 9bOby the City Clerk, it was moved by Edgar, seconded by Hoestere~., that Ordinance No. 960 be passed and adopted as follows: ORDINANCE NO. 960 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA REGARDING THE PRACTICE OF FORTUNE-TELLING Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 31 X, OLD BUSINESS None. XI, NEW BUSINESS 1. HOTEL FEASIBILITY STUDY As recommended in the inter-com dated January 20, 1986, prepared by the Community Development Department, it was moved by Saltarelli, seconded by Hoesterey, to appropriate $8,750 and authorize the Mayor to execute a cobtract with Laventhol and Horwath, Certified Public Accountants, to conduct a hotel feasibility market study in the City of Tustin. CITY COUNCIL MINUTES Page 5, 1-20-86 At Mayor Greinke's request, the Community Development Director reviewed the staff report and recommendation. Councilman Edgar targeted the April 21 Council meeting for comple- tion of the study with a report to Council. The motion carried 5-0. 45; 86-4 Mayor Greinke noted a need for a quality hotel in the City of Tustin. XII. REPORTS 1. PLANNING COMMISSION ACTIONS - JANUARY 13, 1986 It was moved by Hoesterey, seconded by Edgar, to ratify the entire Planning Commission Action Agenda of January 13, 1986. In response to Councilwoman Kennedy, the Community Development Director clarified that Amendment #1 to Use Permit 80-17, Taylor's Restaurant, was tabled for six months by the Planning Commission. Councilwoman Kennedy spoke in earnest opposition to the project. The motion carried 5-0. 80 2. INVESTMENT SCHEDULE AS OF DECEMBER 31, 1985 It was moved by Edgar, seconded by Hoesterey, to receive and file subject report dated January 9, 1986, prepared by the Finance Director. Carried 5-0. 50 XIII. OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session to consider personnel matters. 2. BOYS & GIRLS CLUB OF TUSTIN - TWENTIETH ANNIVERSARY Councilman Edgar noted that he was on the Boys Club Board of Direc- tors twenty years ago when it was first established. He expressed pride in having been a participant at that time and extended con- gratulations on the Club's twentieth anniversary. 3. BUDGET PLANNING WORKSHOP In response to Councilman Edgar, the City Manager stated he would prepare a report for the February 3 agenda regarding scheduling a Council budget workshop. 29 4. KUDOS TO PUBLIC WORKS DEPARTMENT Councilman Hoesterey reported that he has received nice comments from residents regarding the slurry seal work on streets in the Peppertree area. Residents have been receptive and cooperative during the construction work. He commended the Public Works Direc- tor. 5. MAYOR PRO TEM SALTARELLI - STOP SMOKING COMMITMENT Mayor Pro Tem Saltarelli was applauded upon noting that this is his twenty-second day that he has not smoked a cigarette. 6. TUSTIN UNIFIED SCHOOL DISTRICT Councilman Saltarelli reported on findings made, with the City Clerk's research assistance, on past dealings between the City and the Tustin Unified School District (TUSD). He stated that on October 3, 1949, the City Council vacated Third Street and gave to the TUSD taxpayer-owned land which was approximately 50-60 feet wide by 400 feet long (now within TUSD administration head- quarters). CITY COUNCIL MINUTES Page 6, 1-20-86 He noted the recent purchase by the City of a similar piece of property from the School District adjacent to subject site for $750,000. At the current market price, the City granted land worth $336,000 to TUSD. He emphasized that in the best interest of all taxpayers served, the City has done, and continues to do, its best in negotiations with TUSD. 7. KUDOS TO MAINTENANCE DEPARTMENT Councilman Saltarelli congratulated and thanked the Maintenance Department for the excellent job and response to citizen complaints relative to tree trimming. 8. TRAFFIC DELAYS AT RED HILL AVENUE RAILROAD CROSSING Councilwoman Kennedy encouraged the City to exercise its right to issue citations to the Santa Fe Rail road Company when delaying traffic at the Red Hill Avenue crossing for half-hour periods. Mayor Greinke concurred and requested that staff report back on a feasible enforcement program. 101 9. TOXIC WASTE POLICY IN TUSTIN Councilwoman Kennedy noted the recent dumping of toxic waste in the City. She was informed that the Tustin Police Department has a program regarding same. 10. ABANDONED RAILROAD COMPANY LAND Following Council discussion, the City Manager indicated he would report back on the status of land ownership of parcel strips behind Nelson School and Laurelwood, and between Peppertree and Tustin Meadows. 11. CANDIDATES' ORIENTATION The City Manager responded to Councilwoman Kennedy that there would be an orientation program for all Council candidates. Mayor Greinke recommended that the Tustin Chamber of Commerce spon- sor a Council candidate forum. 12, COMMUNICOM CABLE TELEVISION FRANCHISE , Mayor Greinke requested staff assistance in settlin9 a billing dis- crepancy with CommuniCom for the optional program guide subscrip- tion. 13. lUSTIN UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION Mayor Grienke reported that he has been unsuccessful in scheduling a joint meeting with the TUSD Board of Education, despite personal notes and contacts. The Mayor has been a major proponent of the two governmental bodies working together toward common interests. He even suggested a "no agenda" dinner meeting to noavail. Mayor Greinke expressed disappointment that the Board would not agree to a joint meeting. He was informed that if members of the press were in attendance, Board members would not want to enter into any topic discussions. The Board has agreed to meet on a one-to-one basis, but nothing greater than two members from each body. Mayor Greinke expressed hope that the Board would reconsider his request. CITY COUNCIL MINUTES Page 7, 1-20-86 14. ECONOMIC DEVELOPMENT CORPORATION OF ORANGE COUNTY - BOARD OF DIREC- TORS Mayor Greinke noted that there is an opening on the Board of Direc- tors of the Economic Development Corporation of Orange County. At his request, Council concurred that Mayor Frank H. Greinke apply to serve on the Economic Development Corporation Board of Directors to be appointed by the League of California Cities at its March 13 67 meeting. 15. FOOTHILL HIGH SCHOOL CIVICS CLASS Mayor Greinke welcomed students of the Foothill High School Civics class in attendance this evening. 16. ANNOUNCEMENT OF CLOSED SESSION Mayor Greinke announced that the Council will recess to a Closed Session to consider personnel matters pursuant to Government Code Section 54957. XIV. RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED At 8:02 p.m. it was moved by Hoesterey, seconded by Edgar, to recess to the Redevelopment Agency; thence to a Closed Session as stated above. The meeting was reconvened at 9:30 p.m. in open session with all mem- bers present. XV. ACTION FROM CLOSED SESSION It was moved by Edgar, seconded by Saltarelli, that James G. Rourke, City Attorney, be authorized and directed to prepare legal actions ,-= against the City of Irvine relative to its developments which will adversely impact the City 'of Tustin. Carried 5-0. XVI. ADJOURNMENT At 9:"31 p.m. the meeting was adjourned to the next Regular Meeting on Monday, February 3, 1986, at 7:00 p.m..~ unanimous informal consent. MAYOR "~_ C~.yE-C~