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HomeMy WebLinkAboutCC 1 MINUTES 10-01-84MIN~ES OF A REGk~_AJ~ ~E'FING OF ll(E C~Y COUNCIL ~ THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 17, 1984 II. CALL TO ORDER/PLEDGE ~ AJ_LEGIANCE!INVOCATION The meeting was called to order by Mayor Kennedy at 7:02 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 Hoesterey. ROLL CALL Councilpersons Present: Councilpersons Absent: Others Present: Ursula E. Kennedy, Mayor Richard B. Edgar Ronald B. Hoesterey Donald J. Saltarelli Frank H. Greinke, Mayor Pro Tem James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Robert-S.-Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Royleen A. White, Dir. of Com. & Admin. Srvcs. Approximately 50 in the audience III. PUBLIC INP~ 1. RESIDENTIAL ll~m~SH COLLECTION FEE Clark Marks, 1672 Lear Lane, questioned Council reasoning regarding the residential trash collection fee effective January 1, 1985. It was Council consensus to respond to Mr. Marks directly. Response by Councilmembers Saitarelli, Hoestereyand Edgar included the following comments: Tustin is one of two cities in the County subsidizing residential trash collection (which technically is not true because condominium/townhouse and multi-family homeowners pay a monthly fee). The belief was that by raising the City tax rate $0.005 or $0.01 each year and the City paying trash collection with one check on a monthly basis, it afforded residents an income tax deduction and utilized an easier method of payment (this is no longer possible since the laws have been changed). Eighteen months ago, County dump fees were increased on a per- centage basis by staggering amounts and it was only equitable that if some residents pay for weekly garbage collection, then everyone should pay. Council vowed that it would not allow development of East Tustin to have a negative impact on the City. By imposing a trash collection fee now, the general fund balance is protected and can be used for street repairs, park maintenance, etc., to keep programs that people use at a lower cost to Tustin residents. Any savings from the imposed fee will go into the General Fund, which can then be used to meet unbudgeted special needs of the community at-large. Mayor Kennedy rebutted that for years Tustin used free residential trash collection as an annexation tool. She felt the budget is financially sound, and although the City is facing the threat of Jarvis 4, she sees no need to place that additional cost on the community. The imposed fee appears to be a tax and it should have been discussed openly. She added there was a great deal of evi- dence on the other side, and it was a tough decision for all Coun- cil members. At the Mayor's request, the City Manager explained to Mr. Marks the City's negotiation of the five-year franchise extension with SCA Services of Orange County, which is legal under California law. CITY COUNCIL MINUTES Page 2, 9-17-84 Carol Taylor, 13532 Farmington Road, questioned if residents would have to pay extra if more than three trash containers are placed at the curb. The City Manager indicated staff would review the fran- chise agreement and respond to Ms. Taylor directly. IV. PUBLIC HEARINGS None. CONSENT CALENDAR Item 7 was removed from the Consent Calendar by Kennedy, and Item 9 by Edgar. An abstention on Item I was registered by Hoesterey. It was then moved by Edgar, seconded by Saltarelli, to approve the remainder of the Consent Calendar. Carried 4,0, Greinke absent. 1. APPROV~ OF MINUTES - SEPTEMBER 4, 1984, REGULAR MEETING SEPTEMBER 10, 1984, JOINT MEETING (Hoesterey abstained) 2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $108,189.30 APPROV~ OF DEMANDS IN THE AMOUNT OF $283,679.25 50 3. RESOLUTION NO. 84-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (1983-84 Street Maintenance Program - Blair Paving, Inc.) Adopted Resolution No. 84-74 and if no claims or stop payment notices are filed within 30 days, authorized payment of the final 10% retention amount of $23,829.14 as recommended by the Director of Public Works/City Engineer. 95 4. RESOLUTION NO. 84-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION (Redhill and Laguna Water Main Replacement - Macco Constructors, Inc.) Adopted Resolution No. 84-75 and if no claims or stop payment notices are filed within 30 days, authorized payment of the final 10% retention amount of $15,925.23 as recommended by the Director of Public Works/City Engineer. 107 5. FISh,AL YEAR 1984-85 STREET MAINTENANCE PROGPJ~4 Directed staff to prepare plans and specifications for subject project with the provision that work to be performed on arte- rial highways or heavy traffic locations is to be performed at night as recommended by the Engineering Division. 95 6. RESOLUTION NO. 84-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR THE FISCAL YEAR 1984-85 Adopted Resolution No. 84-71 setting forth the 1984-85 tax rate for the 1971 Park Bonds at .00644% and the 1973 Civic Center Bonds at .00491% as requested by the City Council. 50 8. INITIATION OF A GENERAL PLAN At4ENDMENT - PREPARATION OF FOCUSED ENVIRONMENT~ IMPACT REPORT Directed staff to initiate proceedings for amending the Land Use Element of the Tustin Area General Plan for a two-phase project bounded by the Santa Aha Freeway, Browning Avenue, Bryan Avenue and approximately 530 feet West of the E1 Modena Channel; and authorized the Mayor and City Clerk to execute the agreement between the City and the Irvine Company, and the pro- fessional services agreement between the City and Michael 45 Brandman & Associates, Inc. 84-34 84-35 56 CITY COUNCIL MINUTES Page 3, 9-17-84 Consent Calendar Item No. 7 - San Diego Creek In-channel Facilities - It was moved by Kennedy, seconded by Hoesterey, to approve the agree- ment between the City and the County of Orange, the City of Irvine, the City of Newport Beach, the California Department of Fish and Game, and The 1trine Company, and designate Councilman Edgar as-Representative, and Mayor Kehnedy as Alternate, as follows~ 7. COOPERATIVE AGREEMENT - SAN DIEGO CREEK/UPPER NEWPORT BAY WATER- SHED Authorized the Mayor to execute the subject agreement and. to designate a Councilperson and an alternate to the Executive Committee of the San Diego Creek/Upper Newport Bay Watershed, subject to final review and approval by the City Attorney as recommended by the Director of Public Works/City Engineer. The motion carried 4-0, Greinke absent. 45 84-33 107 VI. Consent Calendar Item No. 9 - Three-Year Participation Agreement ~th County of Orange for Housing and Conmmnity Development Block Grant Funds & Resolution No. 84-72 - In response to Counciman Edgar, the Com- munity Development Director provided an oral report oh the housing rehabilitation loan program stating that it will be a major success this year, and responded that staff will provide a written report on same. It was then moved by Edgar, seconded by Hoesterey, to adopt the follow- ing: RESOLUTION NO. 84-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE Carried 4-0, Greinke absent. 45 84-36 ORDINANCES FOR INTRODUCTION None. VII. ORDINANCES FOR AZ)OPTION 1. ZONE CHANGE NO. 84-4 - ORDINANCE NO. 917 The City Manager interjected that, for the record, Councilman Greinke had been detained out of town on business and had indicated his support of Ordinance No. 917 and Ordinance No. 918. The Community Development Director presented the staff report. It was moved by Edgar, seconded by Saltarelli, that Ordinance No. 917 have second reading by title only. Mayor Kennedy acknowledged that she received from the applicant a very thorough response to all of her concerns on the project. In response to Mayor Kennedy, the Community Development Director recommended that any changes of concern to Council be made prior to second reading of the ordinance. Manny Aftergut, applicant, spoke in favor of the project. The motion carried 4-0, Greinke absent. Following second reading by title only of Ordinance No. 917 by the City Clerk, it was moved by Saltarelli, seconded by Edgar, that Ordinance No. 917 be passed and adopted as follows: ORDINANCE NO. 917 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 84-4 FOR THE PROPERTY LOCATED AT 1262 BRYAN AVENUE FROM R-1 SINGLE FAMILY RESIDENTIAL TO PC-MF PLANNED COMMUNITY MULTIPLE FAMILY CITY COUNCIL MINUTES Page 4, 9-17-84 Council discussion followed regarding limiting the tenant occupancy age limit, with the consensus to retain it at 55 years of age or older. Roll ~all vote: AYES: NOES: ABSENT: Edgar, Hoesterey, Kennedy, Saltarelli 'None Greinke '. 110 2. ZONE C~ANGE 84~5 - ORDINANCE NO. 918 It was moved by Saltarelli, seconded by Edgar, that Ordinance No. 918 have second reading by title only. Carried 4-0, 'Greinke absent. Following second reading by title only of Ordinance No. 918 by the City Clerk, it was moved by Edgar, seconded by Salta- relli, that Ordinance No. 918 be passed and adopted as follows: ORDINANCE NO. 918 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING REZONING OF 14462 RED HILL AVENUE FROM SUBURBAN RESIDENTIAL (R-4) DISTRICT TO COMMERCIAL GENERAL PLANNED UNIT DEVELOPMENT (CG-PUD) DISTRICT Roll call vote: AYES: NOES: ABSENT: Edgar, Hoesterey, Kennedy, Saltarelli None Grei nke 110 · VIII. OLD BUSINESS 1. STEERING COI~!lTI*EE FOR A SENIOR CENTER - PROGRESS REPORT Janet Schwartz, 10292 Overhill Drive, unincorporated Tustin area, stated she was speaking on behalf of the Steering Committee for. a Senior Center (SCSC) and introduced committee members (Rose Zuccarilli, Nick Ogden, Ruby May, Ken Hoesterey, and Ruth Jacobson) as introduced at the March 5, 1984, C~ty Council meeting. Mrs. Schwartz highlighted elements of the report entitled, "Study of Scope and Function, Senior Center, City of Tustin," dated September, 1984, prepared by Recreation Systems, Incorporated. She stated that the SCSC prefers Concept No. 3, it is willing to con- tinue its involvement in development of the center, and requests that the Council continue its support of the project. Councilman Edgar commended the SCSC on a job well done. At Mayor Kennedy's request, Councilman Edgar withdrew his motion to pursue the purchase of 1.5 acres of undeveloped land (an "L" shaped parcel lying between the Administration Building and Peppertree Park) from the Tustin Unified School District. Mayor Kennedy requested that he allow the Council an additional two weeks on the matter. Council discussion followed regarding demographics, service areas, the possibility of a two-story parking structure with a two-story senior center, cost of land acquisition, funding sources, site selection, and the continued services of Recreation Systems, Inc. It was moved by Hoesterey, seconded by Kennedy, to direct the Steering Committee for a Senior Center to proceed full steam and commit to a site selection, and that staff ~draft an agreement for the continued services of Recreation Systems, Inc. Carried 4-0, Greinke absent. 41 2. LAND USE REGULATIONS CONCERNING ALCOHOLIC BEVERAGE LICENSES The Community Development Director presented the staff report as contained in the inter-com dated September 17, 1984, submitted on behalf of the Planning Commission. CITY COUNCIL MINUTES Page 5, 9-17-84 It was then moved by Kennedy, seconded by Edgar, to require a Con- ditional Use Permit {CUPI for all convenience and mini-markets, all drive-in or drive-thru markets, and all markets operated in conjunction with gasoline service stations. Lucy Straight, co-founder of Parents Who Care, extended thanks to both the Planning Commission and Community Development Department for their time and input on the matter, and requested that Council consider the possibility of requiring a CUP for all businesses selling liquor and to consider establishing a City ordinance pro- hibiting the sale of alcoholic beverages at drive-in/drive-thru markets and markets in conjunction with gasoline service stations. Councilman Hoesterey stated his support of the motion on the basis that the community is better protected through land use regula- tions, rather than specifically prohibiting an item or product (alcohol), which is subject to challenge in court. Councilman Saltarelli stated he saw a problem with selectivity and is more comfortable with requiring a CUP for any establishment selling alcoholic beverages. The Community Development Director responded that staff could require a CUP for all on- and off-site sales of alcoholic bever- ages. It is done by many cities, and it would permit review by both the Planning Commission and City Council of all liquor license applications. Staff's recommendation was to limit uses which are of the nuisance type - those that are predominantly off-sale and that attract teenagers at lunch time or after school (such as con- venience markets and liquor stokes). The City Attorney stated that, in addition to the administrative problems it might create, he was leery about requiring permits or limiting every establishment that might sell alcoholic beverages. Jack Miller, Parents Who Care, stated that in workshop sessions he attended, a representative from Alcoholic Beverage Control sug- gested requiring a CUP for all liquor establishments. In response to Councilman Hoesterey, the Community Development Director summarized regulations imposed by the Alcoholic Beverage Control and clarified comments made by the ABC representative. The City Manager stated his concerns relative to Councilman Salta- relli's preference to require a CUP for any establishment selling alcoholic beverages. Joe Nunziato, 129 Madrid, pastor of'Aldersgate Methodist Church, stated that in addition to the problem of mixing vehicles with alcohol, many marriages are disintegrating due to alcohol-related problems, and although requiring a CUP for all liquor establish- ments may cause staff problems, it is a step in the right direc- tion. After further Council discussion, a substitute motion was made by Saltarelli, seconded by Kennedy, to require a Conditional Use Permit for all businesses selling alcohol. Carried 4-0, Greinke absent. 81 3. EXTENSION OF CONSENT FOR TRANSFER OF CATV FP~ANCHISE TO UNITED CAJ)LE In accordance with the staff report and recommendation presented by the City Manager as contained in his inter-com dated September 17, 1984, and United Cable's letter dated September 10, 1984, it was moved by Saltarelli, seconded by Edgar, to adopt the following: RESOLUTION NO. 84-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE CONSENT FOR TRANSFER OF THE CABLE TELEVISION FRANCHISE IN THE CITY OF TUSTIN, CONCERNING HYPOTHECATION OF THE CABLE TELEVISION FRANCHISE IN THE CITY OF TUSTIN, AND RELEASING A CASH DEPOSIT ACCOUNT AND VARIOUS BONDS UPON ACCEPTANCE OF A REPLACEMENT BOND Carried 4-0, Greinke absent. 53 CITY COUNCIL MINUTES Page 6, 9-17-84 IX. REPORTS Xe 1. PLANNING CO~ISSION ACTIONS - SEPTEMBER 11, 1984 Mayor Kennedy stated Mayor Pro Tem Greinke requested that Use Permit No. 84-20 - Pacific Bell Telephone Company be agendized for Council consideration, and she stated her support of his request. The City Manager responded to Councilman Saltarelli that there has been no commitment by Pacific Bell on whether sales tax will be generated from this location, for corporate organizational reasons relating to the short period of time since the breakup of American Telephone, and the Planning Commission approved the project with that understanding. Councilmembers Saltarelli, Edgar, and Hoesterey stated their reluc- tance to delay the project, and felt comfortable with the Planning Commission's public hearings, findings, and approval of the proj- ect. It was then moved by Edgar, seconded by Saltarelli, to ratify the Planning Commission Action Agenda of September 11, 1984. Carried 3-1, Kennedy opposed, Greinke absent. 2. PLANNING CO~ISSION TERMS OF OFFICE Council discussion and debate ensued pertaining to the inter-com dated August 27, 1984, prepared by the Community Development Department on subject item. It was moved by Hoesterey, seconded by Kennedy, to maintain the present two-year terms of office for all five Planning Commission members subject to reappointment in spring, 1986, as follows: 3 members for two-year terms of office 2 members for one-year terms of office Motion died 2-2, Edgar and Saltarelli opposed, Greinke absent. It was then moved by Edgar, seconded by Saltarelli, to continue the matter to October 1, 1984. Carried 4-0, Greinke absent. 80 3. COSTA ~SA FREEWAY (ROUTE 55)/SANTA ~ FREEWAY (I-5) INTERCHANGE Following a question-and-answer period, it was moved by Hoesterey, 'seconded by Edgar, to receive and file the inter-com dated September /, 1984, prepared by the Public Works Director on subject item. Motion carried 4-0, Greinke absent. 54 4. STATUS REPORT - CITY PARKING STRUCTURE It was moved by Hoesterey, seconded by Edgar, to receive and file the inter-com dated September 17, 1984, prepared by the Community Development Department on subject matter. Carried 4-0, Greinke absent. 81 5. COLUMBUS TUSTIN WATER WELL Following Councilman Edgar's commendation, the inter-com dated September 17, 1984, prepared by the Director of Public Works on subject item was received and filed by unanimous informal consent. 107 OTHER BUSINESS 1. ST. CECILIA'S CARNIVAL Councilman Saltarelli reported to representatives in the audience from St. Cecilia's Carnival Committee that carnival attendants fingerprinted for the 1983 carnival would not need to repeat the procedure if they furnish their name, address, and driver's license number to the Police Department, as he was informed by the Chief of Police. CITY COUNCIL MINUTES Page 7, 9-17-84 2. REQUEST FOR CLOSED SESSION e The City Manager requested a Closed Session for discussion of personnel and legal matters following the Redevelopment Agency meeting. PARKING ON MEDFORD BE~FWEEN CARROL WAY & YORBA ~REET In accordance with councilman Edgar'J request and following a question-and-answer period, it was moved by Edgar, ~e¢onded by  , to temporarily remove the "No Parking" signs on the north Medford between Carroll Way a~d Yorba Street. Carried 4-0, Greinke absent. 75 4. SCAG REPRESENTATIVE Per Councilman Edgar's suggestion, Mayor Kennedy was appointed Tustin's voting delegate for the SCAG annual General Assembly held in April of-each year by unanimous informal consent, in response to the letter dated September 14, 1984, from John Melton, SCAG Presi- dent, on the matter. 73 5. LEAGUE OF CITIES LIAISON APPOINTMENT Councilman Hoesterey stated that the League of Cities, Orange County Division, has requested that City Council appoint a liaison to which information from the State League can be forwarded. Coun- cil concurred to appoint Councilman Frank Greinke as such. 73 6. STAFF COIw~4ENDATION Councilman Saltarelli extended thanks and commendations to staff on their efficiency in labeling the voting mechanism buttons for Coun- cil's benefit. 7. OFFICI~J- ADJOURNMENT TO FOLLOW CLOSED SESSION Councilman Saltarelli requested that formal adjournment of the City Council should be held following the evening's Closed Session. 8. CHAMBER OF COI~ERCE - OCKTOBERFEST CELEBRATION Mayor Kennedy reminded the Council that the Tustin Chamber of Com- merce will host the first annual "Ocktoberfest" on Saturday, September 22, 1984, at the USMCAS, Tustin, picnic grounds. 9. LANCE DRIVE DRAINAGE PROBLEMS Mayor Kennedy referenced a letter from Mrs. Campbell, 1422 Lance Drive, regarding drainage problems. The Director of Public Works responded and informed Council of staff actions to date on the matter. XIo RECESS - REDEVELOPMENT; CLOSED SESSION - RECONVENED At 8:57 p.m., it was moved by Edgar, seconded by Hoestere~, to recess to the Redevelopment Agency, and thence to a Closed Session for discus- sion of personnel and legal matters. Carried 4-0, Greinke absent. The meeting was reconvened at 10:15 with Councilman Greinke absent. XII. MISCELLANEOUS ACTIONS FROM CLOSED SESSION 1. SETTLEMENT OF WORKER'S COMPENSATION CLAIM -MJkXIM PJ~CINE It was moved by Hoesterey, seconded by Saltarelli to authorize settlement of the Workman's Compensation"'Claim ~iled by Maxim Racine in the amount of $7,210.00. Carried 4-0, Greinke absent. 79 CITY COUNCIL MINUTES Page 8, 9-17-84 XIII. 2. CO~LICT OF INTEREST CODE AMENDMENT - RESOLUTION NO. 84-77 It was moved by Edgar, seconded by Saltarelli, to adopt the following: RESOLUTION NO. 84-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE CONFLICT OF INTEREST CODES OF THE DEPARTMENTS OF THE CITY OF TUSTIN Carried 4-0, Greinke absent. 79 3. RECOVERY OF PENALTIES & INTEREST ON PROPERTY TAXES It was moved by Edgar, seconded by Saltarelli, to authorize the C~ty Attorney to file a claim against the County of Orange for withholding penalties and interest upon real property taxes and failing to transmit to the City of Tustin its'proportionate share in the amount of approximately $30,000.00. Motion carried 4-0, Greinke absent. 97 The meeting was adjourned at 10:18 p.m. to the next regular meeting on October 1, 1984, at 7:00 p.m. by unanimous informal consent. MAYOR CITY CLERK