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HomeMy WebLinkAboutMINUTES 10-10-85II. III. IV. The meeting was called to order by Mayor Greinte at 7:01 p.m. in the City Council Chammers, 300 Centennial Way, Councilwoman Kennedy led the Pledge of Allegiance. The Invocation was gtven by Mayor Pre Tem Saltarelli. RDLL CALL Councilpersons Present: Councilpersons Absent: Others Present: P~I.A~TION 1. Frsnk H. Greinte, Mayor Oonald J. Saltarelli, Mayor Pro Ten Richard B. Edgar Ronald B. Hoesterey Ursula ~. Kennedy None William A. Huston, City Manager James G. Router, City Attorney Ma~ E. Wynn, City Cleft Donald D. Lamm, Com. Development Director Robert S, Cedendecker, Dir. of Public Worts Royleen A. White, Oir. of Com. & Admin. Styes. Approximately 50 in the audience FII~ P!~VENTION WEEK o OCTOBER 6-12, 1985 Mayor Greinte read a proclamation designating October 6-12, I985, as "Fi re Prevention wee~." Battalion Chief Whitesman accepted the proclamation and thanked the Council. ~ TUSTTN LIONS ~UB - "WHI"TT CANE OATS' A proclamation acknowledging Cions White Cane Days was presented by Mayor Greinke to Lions n~ember and former Mayor/Councilmember Tony Coco. Mr. Coco thanked the Council. 84 PUBLIC I~PUT Sherrt Lynn Miller, 131 Hall Circle, ~54, spoke in favor of the pro- posed ordinance to regulate smoking in public places and places of employment which Council will consider on October Z1. Ms. Miller reduested that the Director o? Co~unity and Administrative Services contact cities with effective ordinances on the matter, particularly Irvine's Assistant City Manager. The Director indicated staff has already been in contact with same. Ms. Miller added that her employer will be relocating to Tustin. She noted that she has a petition with 39 co-workers' signatures in favor of the proposed ordinance, 88 V. . PUBLIC HF_ARI~G NAJOR II40RIYdGHFARE & ~IDGE FEE PI~OGRNM (/~T & BFP) FOR ll4E FOOT14ILJ./E~ERN ll~A~ISP~TATION CORRIDORS - RESOLUTION NO. 85-102; ORDINANCE NO. 948; RESOkUTION NO. 85-103 The Director of Public Works presented the staff report and recom- mendation as contained in his inter-com dated OctoDer 2, 1985. The Director added that the ~eting with the other ~mbers (seven cities and County) of the proposed Joint Powers Authority nas been set for October 18, 1985. He commented that the actual Joint Powers Agreement (JPA) is an additional document to be considered should Council decide that Tustin will participate in the program. He noted that there are five agencies within the area of benefit that have adopted the jPA, so it is a recognized authority at this point. C:TY COUNCIL MINUTE: Page 2, 10-10-85 The Director of Public Works and the City Manager responded to Council questions. To date. Anaheim, Orange, San Cie manta, Yorba Linde, and the County have approved the JPA. Kan Smith, Manager of Transportation Planning, County of Orange Environmental Management Agency, stated the City of San Juan Capistreno has adopted the enabling ordinance to allow them to adopt the MT & BFP but has continued the hearing to adopt the Fee program itself to later in October/November. [rvine has a hearing scheduled on October lB and is expected to adopt the program. Mayor Greinke opened the public hearing at 7:lg p.m. Bill Speros, commercial property owner in Tustin, resident of [trine, and Chairman of the C~,,lttee of Seven Thousand (C.O.S.T.), spoke in opposition to the program. C.O.S.T. has circulated the initiative position which deals with ~tizens' right to vote on free~ay projects to be funded similarly to the MT & BFP. Mr. Speros stated that the proposed fee structure can be changed at any time and as often with no limitations. The only way to dissolve the JPA is by a majority vote of the members or 2/3 vote of the State Legislature (which he feels is impossible). Mr. Speros noted that if new development slows, the amount of fee income could drastically stop, and bonds would have to be sold. In that case, who would insure the bonds, and what would the City's liability and risks be? If a member exits the JPA it must continue to co$1ect fees for four years, but there is no indication of lia- bility upon exit. Mr. Speros felt there must be more direct responsibility to the electorate on the JPA. Lastly, he noted that in the past, all roads were built with gasoline tax dollars. From those gasoline tax dollars, Orange County receives a dispropor- tionate share/percentage of what it generates, and the MT & BFP would worsen that situation. Mr. Speros responded to qpestions ?rom Mayor Pro Tam Saltarelli. Daniel O'Connor, 1681 Loma Road, Santa Aha, spoke in opposition to the program stating that the fees are usurious, punitive and a simple form of special taxation. He noted that there is currently a Federal tax on gasoline sales for road maintenance and construc- tion which now goes into the General Fund. Since the passage of Prop 13 in 1976, agencies at all levels are imposing a variety of creative assessment fees and increasing service charges that are excessive, prohibitive and inflationary. Mr, O'Connor recognized that while some fees are reasonable and necessary, their net effect can be detrimental to the community good, especially in blighted areas, where fees can make the difference as to whether the project goes forward or not. Matt Nisson, 14462 Red Hill Avenue, spoke in opposition to the pro- posed fees. He stated that instead of penalizing those who build, upgrading should be encouraged on remaining undeveloped parcels within Tustin. He noted Chat the Eastern Corridor will encourage more building in Riverside County and generate more traffic through Tustin. He recon~nended that Council at least exclude from the pro- gram all Tustin properties west of Browning Avenue. Tony COCO, no address given, expressed concern regarding the Fund- ing, dissolution restrictions, and Flexibility to change the fee structure from that initially approved in the JPA. Mr. Coco stated his political philosophy that users should pay, not the general public, and suggested Funding major corridors via electronic meter- ing or "s~opless toll billing." Bill Moses spoke in opposition to the program, and cautioned the Council to proceed carefully. He requested Council delay taking any action for approximately 30 days or more to study the matter in depth, and asked the Council to submit the matter Co a vote by the people. C COUNC IL M[NUT[S There were no other s~eakers on the ~atter, and the public hearing was closed at Councilman Hoesterey noted the pros and cons of joining/not joining the Joint Powers Authority. Councilwoman Kennedy stated she is not sympathetic with developers, because any tax or fee is passed on to buyers. She noted that whether or not Tustin joins the JPA will not halt freeway develop- ment. Her main interest in whether to join the JPA is if it will gtve Tustin input on the proposed freeways. Staff responded that each member city of the JPA will have one vote, regardless of popu- lation or size. If Tustin does not join the JPA, it will have no say regarding the location, sco~e or nature of the three corridors. Councilman Edgar stated that traditional sources of funding have been wiped out. The JPA represents a ~echanism for a new funding source that is radically different. He was in favor of joining the JPA and felt Tustin can Dave positive influence on the Eastern Corridor location. Mr. Smith, County EMA, responded to Councilwoman Kennedy's ques- tions. Counts 1/staff dtscussion fol 1 owed. Bill Moses rebutted co~ents by Counctlmombers Edgar and Kennedy, and again urged Council to proceed with caution. Mayor PrO Tom Saltarelli stated that the established area of bene- fit and formula for payment are unfair. Tustln has unsuccessfully fought both. However, something ~ust be done about traffic - it is intense, the noise level is high, there are many accidents, and it is destroying the quality of life. Tustin is in the geographic center of Orange County, and traffic must be diverted around Tustln. In reference to the Bottleneck Study, he stated that the Council and residents of North Tustin must take a firm stand to StOp the extension of the Garden Grove Freeway through Tustin and the unincorporated area north of Tustin. Mayor Pro Tom Saltarelli requested a continuance of the matter to introduce an ordinance that would be acceptable to the other JPA cities which would allow Tustin to exempt projects that are taxpayer-subsidized. He felt exceptions should be made for business~eople and residents to grant watvers to some degree of subject fees so that there would be no disincentive for then to improve their progerties. Mayo6 Greinke commented that there has been ~ore growth in the unincorporated area north of Tustln than in Tustin itself. He recognized the extremely difficult decision Council must ~ake to take action one way or another. It was then moved by Greike, seconded by Hoestere7, to continue the Major Thoroughfare & Bridge Fee Program and consideration of the following items to October 21, 1985: RF..SOt. UTION NO. 85-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TlJSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED AREA OF BENEFIT AND MAJOR THOROUGHFARE AND BRIDGE FEE PRO- GRAM OROIRANCE NO. 948 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADDING SECTION 2800 TO THE CITY CODE ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM RESOLUTION NO. 85-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING THE AREA OF BENEFIT AND THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN FRANS= PORTATION CORRIDORS The motion carried 5-0. 100 CITY COUNCIL MINUT~ Page 4, lO-lO-a5 ¥I. CO~E~¢I' Item No. i was removed by Kennedy. It was moved by Edgar, seconded b~ Saltarelli, to approve the remainder of the Consent Calendar. The motion carried S-O. APPROVAL OF OEWUM~DS IN THE AMOUNT OF $532,270.88 ~ATIFICATIOW OF PAYROLL IN THE ~OUNT OF $12¢,¢45.33 5O 3. RESOLUTION NO. 85-100 - A RESOLUTION OF THE CITY COUNCIL OF 'T~E CITY OF T1JSTIN, APPROVING REVISED I~NTATIVE TRACT MAP NO. 8451 (South of Oow Avenue, WeS1 of Tustin Boundary, North of Moulton Parkway) Adopted Resolution No. 85-100 as reco~nended by the Con~nunity Development Department. g9 NO PARKIN6 SIB~(S ~ Sll~E~"F ~EPI~ ON CLOVE~BROOK Authorized the installation of signing prohibiting on-street parking during the hours of street sweeping between 6:00 a.m. and 12 noon on Monday on both sides of Cloverbrook Drive as recommended by the Engineering Division. 75 ~O.ARATION OF SURPt. US VEHICLES Found that ten vehicles, motorcycles and equipment as detail ed in subject r~ort are not required for public use and declared them surplus items as r~commended by the Director of Public Works. 87 VII. Consent Calendar Item No. 1 - Minutes of S~utember 16, 1985, Regular Me,ting - Councilwoman Kennedy referred Council to Page 7, Report No. 2, in subject Minutes. She stated that "unanimous informal consent" did no~ represent the 2-2 Council sp)it during discussion of the car- pool lane idea. She added that while she and Councilman Edgar spoke of the necessity to at least consider HOV lanes, Councilmembers Hoesterey and Saltaretli were o~posed to the idea. Mayor Greinke then attended the Corridor Operation Advisory Committee meeting and voted against NOV lanes, w~ich reflected ~ m~jortty view with his vote. However, he was not present at the September 16 meeting to vote on same, and she felt it was not handled properly. Councilman Edgar noted that "unanimous informal consent" was to receive and file the status report, and there was no fomal vote on the HOV lane ~ltter. Mayor Pro Tam Saltare)li stated that what transpired was the consensus of Council at the September 16 meeting. Mayor Greinke reported on the meeting of the Operation Advisory Co~mnittee. He stated that he voted as Mayor of Tustln against the HOV lane, and noted that the consensus was 3-2 (Edgar and Kennedy opposed). Councilwoman Kennedy stated she would be more precise in the future on such matters. It was then moved by Kenned~ seconded by Edgar, to approve the follow- ing: 1. APPROVAL OF MINtFrE$ - SEPTEMBER 16, 1985, REGULAR MEETING The motion carried ~-0, Greinke abstained. 38 ORDIRA/(CES FOR INTRODUCTION ~one. VIII. OROI~NCIrS FOR ~OOPTION 1. RE¥ISION TO BUSINESS LICENSE ORDINANCE FOR COLLECTION OF PEN~J_T¥ FEES - ORDINANCE NO. 943 It was moved by Saltarelli, seconded Dy Edgar, that Ordinance No. g43 have second reading Dy title on]y. Carried 5-0. Following second reading by title only of Ordinance NO. 943 by the City Clerk, it was moved by Sa]tarelli, seconded by Kennedy, Chat Ordi- nance No. 943 be passed and adopted as follows: IX. COUNEIL MINUTES Page 5,-10-10-85 O(~)[IIiMIC[ NO. 943 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN. CALIFORNIA, AMENDING sECTION 2521 OF THE I'USTIN CITY CODE, RELATIVE TO BUSINESS LICENSE TAXES Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 31 ZONE O4AN6E 85-g - ORDINANC~ NO, g4~ It wes moved by Saltarelli. seconded by Edgar, that Ordinance NO. g46 have second reading by title only. Motion carried S-O. Following second reading by title only of Ordinance No. 946 by the City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordi- nance NO. g46 be passed and a~ooted as follows: OI~)INAIiCE NO. g44S - AN OROINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, R~ZONING THE SOUTHERLY TERMINUS OF CARFAX AVENUE, WESTERLY OF SCHOOL ROAD FROM PLANNED MANUFACTURING AND MANUFACTURING DISTRICT (PM&M) TO PUBLIC AND INSTITUTIONAL DISTRICT (P&I), AS SHOWN IN EXHIBIT "A" Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABS[NT: None 3. Z~)#E C~ 85-.].1 - OI~INAI~ NO. 947 ].lO It was ~oved by Kennedy? seconded by Edqar, that Ordinance N. g47 have second reading Py title only. Carried 5-Q. Following second reading by title only of Ordinance No. 947 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. 947 be passeda~d adopted as follows: OI~DIN~ NO. g47 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REZONING 1782 NISSON ROAD FROM DUPL£X RESIOEN- TIA4. OISTRICT EXHIBIT Roll call vote: AYES: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES: None ABSENT: None 110 I~J.9INE$S BUSINESS AWARD OF CO~I~CT - MAIN STREET WATER MAIN REPLACEMENT IMPROVE- MENTS As recommended in the inter-cc~ dated October 1, [985, prepared by the Engineering Division, it was moved by Saltarelli, seconded by Edgar, to award the contract for subject ~roject to Schuler Engi- neering Corporation, Anaheim, in the amount of S[53,003. The Oirector of Public Works responded to Councilwoman Kennedy that the replac~ent line has been located to one curd side, and staff does not anticipate any traffic problems on Main Street during con- ~truction. He noted that the old water line will be aDandoned and drained once services have been converted to the new line, The new line has been upgraded in size to accommodate a potential well site in the west end of the City. NEW 1. The motion carried 5-0. 107 CITY COUNCIL MINUTE. Page 6, i0-I0-88 REPORTS ~. Pt. ANMII(~ ~MMISSION ,~'TIO~S - SEPTEI~IER 2~, The Community Development Director noted that the applicant for Variance 85-5 (Ruby's Cafe) has filed an mppeal which will be on the October 21 agenda. The City Clerk also noted that an appeal was filed this date on Use Permit 85-20 (satellite dish at 13201 Silver Birch Drive) by the appl i cant. It was then moved by Ed~ar~ seconded by Hoesterey, to ratify the entire Planning Commission Action Agenda of Se~temOer 28, 1985. Carried 5-0. 80 ROUTE 55 COSTA GSA PR~l~AY - CO~RIDOR 0Pt')~ATTON ADVISORY ~IirEE ~A~S ~T Councilm~ber Edgar and Mayor Greinke debat~ the pros and cons of carpool express lanes. Councilman Edgar felt the ~rpool lane will provide efficient utilization of the fre~ay. Mayor Greinke stat~ he was in favor of carpooling. H~ever, he is ~posed to the HDV lane because it is paid for Dy all taxpayers, yet t~e majority of those taxpayers will be deni~ the use of that lane. Councilman Edgar ~sponded t,at the HDV lane is numerical ~gineer- lng and will allow efficient mordent of vehicles. It was moved by Greinke~ seconded by Saltarelli, to declare a posi- tion of opposition to 'the ~r~oo/ express lane, and suppo~ a generml purpose lane to be us~ by all motorists who pay taxes to suppo~ that lane. Councilw~an Kennedy rebutt~ that ~eryone in a car is helping to Suppo~ the ?re~ay~. Th~ may be paying the driver and helping pay for the gas. I? we ~ve ~re people on the ?re~ays, we will decrease ~ission~ ?r~ stalling automoOiles, and eliminate the necessity to build ~re ~ads. After further discussion and debate, the ~tion carried 3-2, Edgar and Kennedy opposed. ~ XII. OTHER BUSINESS 1. REQUEST FOR O. OSED SESSION The City Manager requested a Closed Session following the Redevel- , opment Agency meeting to consider Personnel Matters pursuant to Government Code Section 5&957. 2. UPCOMING CO~UNITY EVENTS Councilwoman Kennedy acknowledged receipt of a notice from the Com- munity Development Department regarding a public workshop on the First Street Specific Plan to be held on Thursday, October 2¢, ~985, at 7:00 p.m. She was informed it would not conflict with the City of Tustin TGIT whic~ is tO be held on Tuesday, October 29, in City Hall. 3. TUSTIN TILLER OAYS Mayor Greinke announced Tustin Tiller Days to be ~eld 0ctober 13. He invited everyone to participate in the events and joy of celebrating the harvest season and the traditions of Tustin's ~eri- rage. IIII. C.. COUNCIL MINUTES Page 7, I0-10-85 4. TU~ TEA~EP.S S'~IKE Mayor Greinke co~mented that ha was happy to have both the teachers and students back in the classrooms, He invited everyone to attend the October 11 football game in suppor% of Tustin High School vs. Orange High School. RECESS - REI)EVELOPI, IEHT - CLOSED SESSION; ADJOURNMENT At 8:49 p.m. the meeting was recessed to the Redevelopment Agency, thence to a Closed Session for discussion of personnel matters pursuant to -Government Code Section 54957; and thence adjourned to the next Regular meeting on October 21, 1985, at 7:00 p.m. by unanimous informal consent, MAYOR MINUTES OF Ag ~OURgEO R~EGtff~ ME~ZI'IN(~ OF ~ R£DEYE~.OP~I(T AGENCY OF TI4E CIl~r OF llJb'TIN, CALIFORNIA OCTOBER 10, 198S C.~L TO ORDER The meeting was called to order at 8:49 p.m. by Chairman Greinke in the City Council Chambers, 300 Centennial Way, Tustin, California. Agency Members Present: Agency Members Absent: Others Present: Frank H. Greinke, Chairmen Donald J. Saltarelli, Chairman Pro Tom Richard B. Edgar Ronald B. Hoesterey Ursula E. Kennedy None William A. Huston, Exec. Director/City Manager James G. Rourke, City Attorney Mary E. Wynn, Recording Secretary/City Clerk Donald D. Lamm, Co~nunity Development Director Robert S. Ledendecker, Director of Public Works Royleen A. White, Dir. of Con. & Admin. Services Approximately I0 in the audience AP~ROVA&. O~ It was moved by Hoesterey) seconded by Edgar, to approve Minutes of the September 13, 1985, Adjourned Regular Meeting, and September 16, 1985, Regular Meeting. Motion carried 4-0, Greinke abstained. 4. CIVIC Q~NTER ~ NEEDS A~4~4. YSIS It was moved by Hoesterey, seconded by Edgar, to authorize retention of John Bates Associates to prepare the Civic Center Space Needs Analysis as reco~nended by the Executive Director in his inter-com dated October 10, 1985. Carried 5-0. 45; 85-44 39 NEW ~$IOE~I'IA~. UNITS CON~'~I~Uci~.~) IN ~OEVE].OPHE~ PR(~)ECI' A~EA Agency member Edgar stated that his purpose in requesting subject analysis was to acknowledge that an inequity exists for the Orange County Sanita- tion Distri'ct. As more individual residential units are built, service needs increase, yet there is no increase in funds received by the Sanita- tion District. He suggested that Tustin voluntarily pay on an annual basis a fee for new residential units constructed in the Redevelopment Project Area. Agency discussion followed. The other members agreed that the Sanitation District should take the incentive to propose a fee for same. The report dated October 10, 1985, prepared by the tom, unity Development Department was received and filed by unanimous informal consent. 60 NEWPORT AVENUE EX~NSION PRECISE A~.IGN~NI' AS recommended in the inter-con dated October 1, 1985, prepared by the Director of Public Works, it was moved by Hoesterey, seconded by Edgar, to approve the Professional Services Agreement naming A.S.L. Consulting Engi- neers, Santa And, as the consultant for the Newport Avenue Extension Precise Alignment for $22,700 subject to final review by the City Attor- ney's office. The motion carried 5-0. 45; 85-4E 95 REDEVELOPMENT AG~,,CY MINUTES Page 2, 10-10-85 None.. 8. ADdOUR~I~I' At 8:55 p.m.. the meeting was adjourned to the next Regular Meeting on Monday, October 21, 1985, by unanimous informal consent. CHAIRMAN