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HomeMy WebLinkAboutCC MINUTES 1984 03 05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA MARCH 5, 1984 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:15 p.m. in the City Council Chanbers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Edgar, and the Invocation was given by Councilman Greinke. II. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Frank H. Greinke Donald J. Sal tarel 1 i Councilpersons Absent: None Others Present: 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 Monda Buckley, Administrative Assistant Chief Charles R. Thayer, Police Department Approximately 43 in the audience III. PUBLIC INPUT None. IV. PROCLAMATION 1. BOYS & GIRLS CLUB OF TUSTIN Mayor Hoesterey read and presented a proclamation to the Boys & Girls Club of Tustin for their work in "A Garden of Eden, A Program for the Hungry" as part of the "Help Young America Campaign." The proclamation was accepted by Don Williams, Youth Counselor, who thanked the Council. ~ AGENDA ORDER XZ. REPORTS 4. STEERING COMMITTEE FOR A SENIOR CENTER - ORAL REPORT Council concurred with Mayor Hoesterey's request that subject item be considered at this point in the agenda. Janet Schwartz, 10292 Overhill Drive, unincorporated Tustin area, stated that she has been an active volunteer in a variety of Tustin community service organizations for a nuni>er of years, and appears this evening as a spokesperson for the Steering Committee for a Senior Center (SCSC) - a small, informal committee of area senior citizens which has been meeting since August 1983 to conduct a feasibility study for the development of a senior citizens' center in Tustin. This committee was purposely composed of a small number of senior citizens of diverse backgrounds and divergent views to benefit from a wide range and cross-section of opinions. In addi- tion, the committee has had the benefit of the time, interest, sup- port and cooperation of Mayor Ron Hoesterey and Mayor Pro Tern Ursula Kennedy who have met regularly with the Committee and given advice and counsel. Mrs. Schwartz introduced the following Committee members: Rose Zuccarelli, President, Tustin Chapter, American Association of Retired Persons, Inc., and active leader and volunteer in all senior affairs in Tustin. CITY COUNCIL MINUTES Page 2, 3-5-84 n un~d auspices of Feedback Foundation, Inc. Ruby May, Tustin representative on the O.C. Senior Citizens' Coun- cil, former representative of the State Senior Citizens' Legisla- tive Council in Sacramento, and active leader and volunteer for many years in numerous Tustin senior activities. Ken Hoesterey, Board of Directors member, Tustin Chapter, American Association of Retired Persons, Inc., retired business executive and concerned senior citizen. Ruth Jacobsen, committee advisor, recognized leader in senior citi- zen affairs, and one of the organizers of the Anaheim Senior Citi- zens ' Center. Mrs. Schwartz described the committee's formation and its develop- ment of a step-by-step approach for reaching the goal of a senior citizens' center in Tustin. The committee reviewed the desira- bility, need, feasibility, and benefits of promoting such a center, and confirmed the validity of demands by seniors for a facility in which full-time programs could be developed each day of the week in a place of their own. The committee then reviewed the needs analysis study conducted in 1981 by the Tustin Senior Citizens' Council and City staff members, which showed that the majority of seniors listed the need for a Tustin senior citizens' center as the number one priority. The committee' s own survey found this remained the first concern of the senior population. The committee then visited senior citizen cen-. ters in neighboring Orange County communities and accumulated information on such centers all over the county. The committee investigated possible sources of funds, capital and operating, for a senior citizens' center and its programs, and is convinced that both private and public funds are available. Mrs. Schwartz stated that the committee is now at the point where it needs the support, involvement, and expertise of others in the community in order to proceed further effectively, and it plans to publicize efforts which have been made thus far and ask for volun- teers to serve on a series of major sub-committees. Mrs. Schwartz requested the Tustin City Council's public endorse- ment of efforts i~o establish a Tustin senior citizens' Center and authorization for the City Manager and staff to work closely with the senior committees and provide the needed expertise to assist seniors in reaching this goal. With such an endorsement and policy commitment by the Tustin City Council, the steering committee will be given further incentive to diligently pursue the steps needed to establish an outstanding and worthwhile Tustin senior citizens' center in the relatively near future. City Council members individually expressed endorsement in prin- ciple of the Committee's efforts to establish a Tustin Senior Citi- zens ' Center. 41 V, PUBLIC HEARINGS None. VI. CONSENT CALENDAR It was moved by Saltarelli, seconded by Kennedy, to approve the entire Consent Calendar. Mayor Hoesterey registered an abstention on Item No. 1. Motion carried 5-0. 1. APPROVAL OF MINUTES- FEBRUARY 21, 1984 ( Hoesterey ab stai ned. ) 2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $105,903.01 APPROVAL OF DEMANDS IN THE AMOUNT OF $555,149,76 50 CITY COUNCIL MINUTES Page 3, 3-5-84 3. DUPLICATE STORAGE OF CITY RECORDS Approved duplicate storage at Metro Business Archives, Los Angeles, California, of City records kept by the City Clerk. 37 4. RELEASE OF SUBDIVISION WARPANTY BONDS Authorized the release of Subdivision Warranty Bonds for devel- opments as listed in subject report dated February 22, lg84, and as recommended by the Director of Public Works/City Engi- neer. 99 5. RESOLUTION NO.84-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 11752 LOCATED AT 1971 REN CIRCLE Adopted Resolution No. 84-25 as recommended by the Community Development Oepartment. 99 AGENDA ORDER Mayor Hoesterey requested that Ordinances for Introduction be postponed on the agenda for consideration later in the meeting. VIII. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS No ne. X. NEW BUSINESS 1. SUPPLEMENTAL APPROPRIATION OF CAPITAL IMPROVEMENT FUNDING TO THE 1983-84 BUDGET Pursuant to the recommendation contained in the inter-com dated February 22, 1984, prepared by the Director of Public Works, it was moved by Saltarelli, seconded by Edgar, to authorize the following actions with respect to the 1983-84 Capital Improvement Budget: a. Supplemental appropriation of Gas Tax Funds in the amount of $58,800 for the widening of Red Hill Avenue between 358+ ft. southerly of Valencia Avenue and 553+ ft. northerly of ~rner Avenue; and ' b. Supplemental appropriation of Water Funds in the amount of $16,000 for the roof repair and painting of Rawlings Reservoir, as recommended by the Director of Public Works/City Engineer. The Director of Public Works and City Manager responded to Council questions and provided clarification on the matter. The motion carried 5-0. 86 w.- 2. CITY INSPECTION OF MOBILE HOME PARKS - RESOLUTION NO. 84-26 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated March 5, 1984, prepared by the Community Development Department. It was then moved by Saltarelli, seconded by Edgar, to adopt the following: 'RESOLUTION NO. 84-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CANCELLING ITS ASSUMPTION OF RESPONSIBILITY FOR THE ENFORCEMENT OF SECTION 18300 ET. SEQ. OF THE HEALTH AND SAFETY CODE RELATING TO MOBILEHOME PARKS AND RESCINDING RESOLUTION NO. 686 Following a brief question-and-answer period, the motion carried 5-0° 30 CITY COUNCIL MINUTES Page 4, 3-5-84 XI. REPORTS 1. PLANNING COMMISSION ACTIONS - FEBRUARY 27, 1984 Councilman Saltarelli expressed concern regarding Public Hearing No. 4 - Use Permit 84-3 on the February 27, 1984, Planning Commis- sion Action Agenda. He stated that although the Planning Commis- sion conditionally approved Use Permit 84-3 in that the previously approved arcade (Ski Fever) must vacate the premises, which it evi- dently has, he is concerned that such action in effect authorizes an additional arcade as opposed to replacing it. Councilman Salta- relli also stated that he was annoyed that prior to Planning Com- mission approval of Use Permit 84-3, there was advertisement of an arcade opening, which he felt was presumptuous. Therefore, he brought the matter to Council's attention for discussion and possi- bly agendizing the matter for further review. Councilman Edgar concurred. After further discussion, it was moved by Edgar, seconded by Salta- relli, to appeal Use Permit 84-3. Maurice Lebanoff, 11821 Heidi Drive, unincorporated Tustin area, spoke in favor of Use Permit 84-3 and responded to Council ques- tions. Councilmen Edgar and Saltarelli reiterated their concerns on the matter. Following further Council/staff discussion, the motion failed 2-3, Greinke, Hoesterey, and Saltarelli opposed. 81 Regarding Planning Commission Public Hearing No. 2 Use Permit 84-2 (Northeast Corner of Seventeenth and Yorba Streets) - Council- man Edgar requested that Staff analyze any cost savings if the City were to cooperate with the builder to place conduit underground now in permanent position for the eventual utility undergrounding of Seventeenth Street, recognizing that it would be paid from the General Fund. This would eliminate ripping out sidewalks, gutters, etc., in the future that the builder would install in conjunction with this development. Council concurred. 104 It was then moved by Greinke, seconded by Edgar, to ratify the balance of the Planning COmmiSsion agenda. Carried 5-0. 80 AGENDA ORDER VII. ORDINANCE FOR INTRODUCTION 1. CABLE TELEVISION FRANCHISE TRANSFER - ORDINANCE NO. 905 The City Attorney recommended that Ordinance No. 905 with modifica- tions noted at the evening's workshop have first reading and intro- duction. In response to Councilman Greinke, the City Attoreny pro- vided clarification on procedural processing pertaining to ordi- nance adoption. John Schlimmer, 1832 Royal Oak Road, presented a petition contain- ing 1,905 signatures requesting that cable franchisee include a channel for airing Catholic programming. In response to Council, Mr. Schlimmer stated th'at the petition was presented in accordance -- with direction from the cable franchisee. Mayor Hoesterey acknowledged the petition and suggested that it be presented to representatives from United Cable or CommuniCom. Council discussion followed. Robert Toue, United Cable, stated they would be delighted to receive the petition, and any programming is always in the realm of possibility. Jack Levy, Tustin Meadows resident, reiterated Mr. Schlimmer's com- ments relative to the petition and requested a negative or positive response to the request to inform petition signers. CITY COUNCIL MINUTES Page 5, 3-5-84 In response to Mayor Pro Tem Kennedy, Mr. Toue indicated he would meet with residents and added that special programming is provided at an additional charge. It was then moved by Saltarelli, seconded by Edgar, that Ordinance No. 905 have first reading by title only, as agreed to and amended with language inserted in the evening's workshop. Motion carried 5-0. Following first reading by title only of Ordinance No. 905 by the City Clerk, it was moved by Saltarelli, seconded by Edgar, that Ordinance No. 905 be introduced as follows: ORDINANCE RD. 905- AN ORDINANCE OF THE CITY OF TUSTIN, 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. · Councilman Greinke expressed his opposition to the motion on the basis of no requirement for corporate guarantee in case of default from United Cable, and asked that Council reconsider same. Councilman Saltarelli clarified that his motion provides that there is to be further dialog between both parties' attorneys, and the inclusion of language to provide greater guarantees could be included at the time the final ordinance is adopted. Council dis- cussion followed. Mayor Hoesterey stated he would like Council approval of ordinance introduction with direction to the City Attorney that default protection is a key point to Council and request that they return with some type of guarantee to protect the City. This was acceptable to the motion maker and second. The motion carried 5-0. 53 The Council commended the organizers of the petition on their work. AGENDA ORDER XI. REPORTS 2. TENTH YEAR HOUSING & COMMUNITY DEVELOPMENT ACT FUNDS Following a question-and-answer period regarding the inter-com dated March 5, 1984, prepared by the Community Development Depart- ment, it was moved by Edgar, seconded by Greinke, to receive and file same. Carried 5-0. 81 3. REPORT TO THE ORANGE COUNTY HOUSING AUTHORITY Following consideration of the inter-com dated March 5, 1984, pre- pared by the Community Development Department, it was moved by Hoesterey, seconded by Saltarelli, to receive and file same. In response to Councilman Greinke, the Community Development Director stated a report would be presented to Council at its March 19, 1984, meeting pertaining to completion of Items A and B in subject report. Motion carried 5-0. 67 XII. OTHER BUSINESS 1. REQUEST FUR CLOSED SESSION The City Manager requested a Closed Session for discussion of personnel matters. 2. BULLET TRAIN EXPENSE DONATION BY IRVINE HOMEOWNERS Councilman Saltarelli expressed thanks to citizens of Irvine and the College Park Homeowners' Association for their donation of $1,000 to the City's Bullet Train fund. 101 CITY COUNCIL MINUTES Page 6, 3-5-84 3. CONGRATULATIONS TO FINANCE DEPARTMENT Mayor Pro Tem Kennedy congratulated the Finance Department upon their award by the State for excellent procedures, even without a new computer. The City Manager noted that they are also in conten- tion for a National award, and staff will advise Council 'of the outcome. 50 4. COMMENDATION TO POLICE DEPARTMENT Councilman Greinke commended the Tustin Police Department on their recent capture of an armed robber, on locating a missing boy, and on their capture this evening of persons who burglarized his neigh-. bors' home. 82 5. SALE OF WATER SERVICE AREAS Councilman Greinke reported he met recently with Orange Mayor James Beam and one item discussed was that there be direct dialog between the Orange City Council and Tustin City Council on resolving the benefi ts/di sadvantages of the deannexation/sal e of Tusti n ' s water property within Orange City limits. Council concurred. 107 6. TUSTIN BREAKFAST LIONS CLUB Councilman Greinke requested that a proclamation be issued to the Tustin Breakfast Lions Club, a newly-formed service organization in Tustin. Council concurred. 84 7. COMMENDATION TO MAINTENANCE DIVISION Councilman Greinke commended Hugh West, Maintenance Superintendent, on his recent handling of matters pertaining to tree problems as relayed to him by City residents. 86.1 8. PROHIBITION OF VEHICLE PARKING ON LAWNS Councilman Greinke reported he has received three telephone com- plaints on automobiles being parked on lawns in the downtown area. He requested that staff develop an ordinance to prohibit same. Council concurred. 81 9. COMMENDATION TO THE REGISTER Mayor Pro Tem Kennedy commended "The Register" on their fine news coverage of Tustin recently in its new community section. 10. SUPREME COURT RULING REGARDING "CHRISTMAS" Councilman Saltarelli reported that the Supreme Court .recently ruled 5-4 in favor of a Rhode Island city that it would be appro- priate for towns to use the nativity scene and make reference to "Christmas" in town meetings. He stated he brought the matter to Council's attention so that if and when new holiday decorations are ordered, or added, there will be no fear of using the word "Christ- mas ," etc. XIII. RECESS- REDEVELOPRENT; ADJOURNMENT -- At 8:45 p.m. it was moved by Edgar, seconded by Greinke, to recess .tO~ the Redevelopment Agency; thence to a Closed Session for discussion of personnel matters; and thence adjourn to the next regular meeting on March 19, 1984, at 7:00 p.m. Carried 5-0. CLERK(~