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.
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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
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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
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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.
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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).
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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.
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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
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