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HomeMy WebLinkAboutCC MINUTES 1984 01 03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA JANUARY 3, 1984 I. CALL TO ORDER/PLEDGE Or ALLEGIANCE/INVOCATION The meeting was called to order by Nayor Hoesterey at 7:01 p.m. in the City Council ChamberS, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Saltarelli, and the Invocation was given by .," Councilman Grei nke. II. ROLL CALL Councilpersons Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tern Richard B. Edgar Frank H. Greinke Donald J. Saltarelli Councilpersons Absent: None Others Present: James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Corn. Development Director Ronald A. Nault, Director of Finance Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Approximately 15 in the audience III. PUBLIC INPUT None. IV. SPECIAL PRESENTATION - FROM AMERICAN RED CROSS, ORANGE COUNTY CHAPTER, ;,_, TO CITY OF TUSTIN Stuart Wallach, member of the Board of Directors and Executive Com- mittee of the Orange County Chapter, American Red Cross, read and presented a resolution from the American Red Cross commending Tustin for its efforts and support on behalf of disaster victims and persons deserving. Mayor Hoesterey accepted the resolution and thanked Mr. Wal 1 ach. 84 V. PROCLAMATIONS 1, "PARENTS WHO CARE" ORGANIIZATION - DRUG & ALCOHOL ABUSE AWARENESS Mayor Hoesterey read a proclamation commending the "Parents Who Care" organization for promoting awareness in the Tustin community on the effects, problems, and facts of drug and alcohol abuse. Ms. Straight accepted the proclamation and extended greetings/ thanks from Ethel Reynolds, co-founder. She also thanked the Coun- cil, and especially Police Chief Thayer and the Police Department, for their help and support given to the organization since its foundi ng. ~ 2. "MARCH OF DIMES MONTH" - JANUARY, 1984 A proclamation was read and presented-to Donna Sutton designating January, 1984, "March of Dimes Month." Ms. Sutton thanked the Council on behalf of the Board of Directors and all March of Dimes volunteers in Orange County. 84 VI. PUBLIC HEARINGS 1. APPEAL OF USE PERMIT NO. 83-25 (1331 GARLAND AVENUE) The Community Development Director presented the staff report as contained in the inter-corn dated January 3, 1984, prepared by the Community Development Department. Mayor Hoesterey opened the public hearing at 7:16 p.m. CITY COUNCIL MINUTES Page 2, 1-3-84 William Heller (property owner), 1331 Garland Avenue, and Calvin O'Dell (contractor), O'Dell & Associates, spoke in favor of Use Permit 83-25 and responded to Council questions. There being no other speakers on the matter, the public hearing was closed at 7:21 p.m. It was moved by Hoesterey, seconded by Edgar, to modify the Plan- ning Commission recommendation from 60 days to 30 days for sub- mittal of information to the Building Department demonstrating the structural characteristics of the wall; and eliminate requirements for a driveway apron. Councilman Greinke's amendment to the motion to reduce the width of the gate was not seconded. Councilman Saltarelli spoke in favor of the original motion. The motion carried 5-0. 81 2. COMMUNITY CABLEVISION COMPANY REQUEST FOR RATE INCREASE The City Manager stated that Community Cablevision requested con- tinuance to allow them an opportunity to meet with one of the home- owner groups affected by the rate increase to negotiate a group rate. The public hearing was opened by Mayor Hoesterey at 7:25 p.m. There being no speakers on the matter, the public hearing was closed. It was then moved by Greinke, seconded by Edgar, to continue the matter to January 16, 1984. Carried 5-0. 53 AGENDA ORDER 3. APPROPRIATIONS LIMIT FOR FISCAL YEAR 1983-84 - PROPOSITION 4 The City Manager noted that subject item was advertised for public hearing this date and was inadvertently placed.on Consent Calendar. Mayor Hoesterey stated that this is the time and place for consid- eration of setting an appropriations limitation for Fiscal Year 1983-84 and opened the public hearing at 7:26 p.m. There being no speakers on the matter, the public hearing was closed. It was then moved by Edgar, seconded by Kennedy, to adopt the fol 1 owing: RESOLUTION NO. 84-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1983-84, IN ACCORDANCE WITH ARTICLE XIIIB OF THE CON- STITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE Motion carried 5-0. 29 VII. CONSENT CALENDAR Items 1 and 5 were removed from Consent Calendar by Greinke, and Item 10 by Kennedy. Item 3 was previously considered as a public hearing (see above). It was then moved by Edgar, seconded by Greinke, to approve the remainder of the Consent Calendar. Carried 5-0. 2.CLAIMANT: WURR, GLENN, JR., ET AL; DATE OF LOSS: 8/27/83; DATE FILED WITH CITY: 12/3/83; CLAIM NO.: 83-39 Rejected Claim No. 83-39 as recommended by the,CityAttorney. 40 4. REVISED CONTRACTS, HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974 - PUBLIC FACILITIES IMPROVEMENTS & SPECIAL JOBS BILL FUNDING (South "B" Street/Mitchell Area) Approved the revised contracts betwen the City and County of Orange and authorized the Mayor and City Clerk to execute same, as recommended by the City Attorney. 45 83-44 83-45 CITY COUNCIL MINUTES Page 3, 1-3-84 6. RESOLUTION NO. 84-1 - A RESOLUTION OF THE .CITY -COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 11564 LOCATED AT 14682 HOLT AVENUE Adopted Resolution No. 84-1 as recommended by the Community Development Department. 99 7. RESOLUTION NO. 84-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12018 (14452, 14472 & 14492 HOLT AVENUE) Adopted Resolution No. 84-2 as recommended by the Community Development Department. 99 8. RESOLUTION NO. 84-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12016 (1042, 1052 & 1062 WALNUT STREET) Adopted Resolution No. 84-3 as recommended by the Community Development Department. 99 9. RESOLUTION NO. 84-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AFFIRMING THE FINDINGS OF THE PLANNING COM- MISSION CONCERNING AMENDMENT NO. 1 TO USE PERMIT NO. 80-3 (18352- 18376 IRVINE BOULEVARD) Adopted Resolution No. 84-4. 81 11. RESOLUTION NO. 84-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 84-1 (1781 RIVER FORD ROAD) Adopted Resolution No. 84-6 as recommended by the Director of Public Works. 81 Consent Calendar Item No. 1 December 19, 1983, Council Minutes - C~uncllman GrelnKe ma~e a correction to the Minutes, page 5, last para- graph, last sentence, to read "Carried 4-0, Saltarelli absent." It was then moved by Sal tarelli, seconded by Edgar, to approve the Minutes of December 19, 1983, as amended. Carried 5-0. Consent Calendar Item No. 5 - Prosecution of City Ordinance Viola- tions - Councilman Greinke expressed concern that non-traffic business items - i.e., zoning violations, sign code violations, business license violations, animal annoyances not 9o to the District Attorney's office, but continue to be handled by City staff. The City Attorney stated he did not see a problem with same. After further discussion, it was moved by Edgar, seconded by Greinke, to approve the proposed contract between the City and County of Orange for prosecution of City Ordinance traffic violations (excluding non- traffic ordinance violations), and authorize the Ma3~>r and City Clerk to execute same. Councilman Saltarelli spoke in opposition to the motion, stating that each violation should be reviewed by the City Attorney's office and a determi nation made on an individual basis as to which should be for- warded to the District Attorney's office for prosecution. The City Manager emphasized that zoning violations are forwarded to the City Attorney's office only as a last resort when all other measures have failed, i.e., written correspondence, telephone communications, personal contact, etc. The motion carried 4-1, Saltarelli opposed. 45 84-1 Consent Calendar Item No. 10 - Use Permit 83-24, Resolution No. 84-5 - It was moved by Greinke, seconded by Edgar, to adopt the following: 10. RESOLUTION NO. 84-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AFFIRMING THE FINDINGS OF THE PLANNING COM- MISSION CONCERNING USE PERMIT NO. 83-24 (545 SOUTH "B" STREET) Carried 4-1, Kennedy opposed. 81 CII~{ COUNCIL MINUTES Page 4, 1-3-84 VIII. ORDINANCES FOR INTRODUCTION 1. CITY COUNCIL COMPENSATION - ORDINANCE NO. 903 The City Manager presented the staff report. It was then moved by Edgar, seconded by Kennedy, that Ordinance No. 903 have fir~ ing by title only. Carried 5-0. Following first reading by title only of Ordinance No. 903 by the City Clerk, it was moved by Edgar, seconded by Saltarelli, that Ordinance No. 903 be introduced as follows: ORDINANCE NO. 903 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUN- CIL COMPENSATION ' ~ Motion carried 4-1, Greinke opposed. 38 IX. ORDINANCE FOR ADOPTION 1. CABLE TELEVISION FRANCHISE TRANSFER - ORDINANCE NO. 902 Mayor Hoesterey recognized an unidentified man in the audience who relayed service problems with the present cable television fran- chisee. Mayor Hoesterey expressed the City Council's dissatisfaction with the present franchisee and assured the speaker the City Council is sJxnpathetic with residents and is monitoring the situation. It was then moved by Hoesterey, seconded by Kennedy, to continue the matter for modifications in the following ordinance: ORDINANCE NO. 902 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROV- ING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISION OF TUSTIN, INC. TO UNITED CABLE OF SOUTHERN CALIFORNIA LTD. The motion carried 5-0. 53 X. OLD DUSINESS - 1. SUPPLEMENTAL REPORT TO WATER WELL LOCATION STUDY Councilman Edgar stated that the study indicates that water quality is something that will not be known until after the wells are operative; therefore, any consideration for blending capability should be deleted at this time. He suggested the Council direct the Redevelopmerit Agency to direct staff to proceed with test drillings at Columbus-Tustin and Peppertree Park sites; upon com- pletion of same, staff would submit results to the Council/Agency; staff, in turn, would be directed to prepare plans and specifica- tions (assuming that the tests indicate water quality to be as expected); and upon bid award for well construction, the Agency would appropriate funds from the proceeds of the tax allocation bond sale (approximately $500,000) as a means of getting real cost economy next summer in the water system. Mayor Hoesterey stated he does not believe the Redevelopmerit Agency should pay for all the Tustin Water System wells, in keeping with the commitments made when the system was purchased to operate it as an enterprise fund. Councilman Edgar noted that the deficiency of the nitrate problem is in the downtown area. Councilman Saltarelli concurred, and stated that at least one well is justified for funding from Rede- velopment funds Mayor Hoesterey was agreeable to one well, but stated that Council must "draw the line" in determining how far the Redevelopment Agency will be involved in resolving the downtown area problem. Further discussion followed. CITY COUNCIL MINUTES Page 5, 1-3-84 It was then moved by Edgar, seconded by Hoesterey, to direct the Redevelopment Agency to direct staff to proceed with soliciting bids for test drilling at the Columbus Tustin and Peppertree Park sites. The motion carried 5-0. 107 XI. OTHER BUSINESS 1. SALES TAX INCREASE FOR TRANSPORTATION PURPOSES In response to Councilman Saltarelli, the City Manager stated that the issue of increased sales tax for transportation purposes is scheduled for Council consideration on the January 16, 1984, agenda. 2. OIL SPILL ON BUCKINGHAM STREET IN TUSTIN MEADOWS Councilman Saltarelli requested that staff investigate the reported oil spill from a garbage truck to determine the extent of damage and implementation of clean-up. 3. TOXIC CHEMICALS Mayor Pro Tem Kennedy reported that the City of Irvine is looking at revamping their ordinance dealing with companies handling toxic chemicals, and requested Council consent to direct staff to look at Irvine's ordinance and others in Orange County so that Tustin can update its ordinances on the matter. The City Manager responded that Irvine's is a "disclosure" ordinance which requires companies handling toxic chemicals to file information with l~he city on the nature of those chemicals, with restricted access t6 that'informa- tion. He continued that there has been a great deal Of controversy in terms of revealing trade secrets within various indu'stries, but a compromise was reached via restricted access to information. The Orange County Fire Department is proposing, on behalf of its contract cities, to adopt a similar ordinance and administer an ongoing enforcement program through computer operations, where all information would be cataloged. The City Manager suggested that staff look at the Irvine and County programs, and report back to Council. He stressed that there are distinctions as to when you can and cannot charge the company involved for the cost of toxic spill clean-up. Council concurred. 51 4. REQUEST FOR PROCLAMATION - ROB'S RESTAURANT Mayor Pro Tem Kennedy requested that a proclamation be prepared for presentation to Rob's Restaurant in Tustin in recognition of the Christmas dinner they served to the lonely and needy on Christmas Eve. Council concurred. 84 5. OCTD BOARD OF DIRECTORS VACANCY It was moved by Edgar, seconded by Kennedy, to support the nomina- tion of Cypress City Councilman Gerald Mullen to fill the vacancy on the Orange County Transit District Board of Directors. Carried 101 6. RESIGNATION OF EXECUTIVE DIRECTOR, ORANGE COUNTY DIVISION, LEAGUE ~" OF CALIFORNIA CITIES Council concurred with Councilman Edgar's request for a resolution honoring Bob Haskell, resigning Executive Director of the Orange County Division, League of California Cities, for his excellent service during his tenure. 73 7. MOBILE HOME PARK ZONING The Community Development Director responded to Councilman Edgar regarding mobile home parks, stating that Tustin does have specific zoning for same. Land use changes to fezone for a mobile home park would require application for a general plan amendment, then a zone change, and there are also new State laws which place very strict requirements on notification, etc. CITY COUNCIL MINUTES Page 6, 1-3-84 8. AB 12 & SB 87 Councilman Greinke requested that copies of AB 12 and SB 87 (per- taining to public financing of Assembly and Senate ~ ections) be distributed to City Council members. 9. POLICE DEPARTMENT COMMENDATION Mayor Hoesterey commended the Police Department, particularly for the recent arrests in the airline ! Investigator Ruth Dixon, ticket fraud case, and requested appropriate recognition from Coun- cil be prepared. 82 XII. RECESS - REDEVELOPMENT; ADJOURNMENT At 8:12 p.m. it was moved by Edgar, seconded by Greinke, to recess to the Redevelopmerit Agency, and thence ad3ourn to the nexL R~gular Meet- ing on January 16, 1984. Carried 5-0.