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HomeMy WebLinkAboutMINUTES 09-17-84MINUTES OF A REGULAJ~ I~ETIN$ OF ltl£ CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 17, 1984 II. CAL TO ORBER/PLEDGE OF ~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 ~llegiance 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 INPUT 1. RESIOENTIA£ TRASH 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 Saltarelli, Hoesterey and 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 dunl~ 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 i~act 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 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 call vote: AYES: NOES: ABSENT: Edgar, Hoeste~ey, Kennedy, Saltarelli None Greinke 110 2. ZONE CHANGE 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 Greinke 110 VIII. OLD 1. BUSINESS STEERING COI4HITTEE 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, City 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 (CUP) for al) 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 tould 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 stores). 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 FRANCHISE TO UNITED CABLE 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 X® 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. ~1~) 2. PLANNING CO~ISSION TER)IS OF OFFICE Council discussion and debate ensued pertaining to the inter-com dateu 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 WESA FREEWAY (ROUTE 55)/SANTA AIWA 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 l, 19~4, 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 The City Manager requested a Closed Session for discussion of personnel and legal matters following the Redevelopment Agency meeting. 3. PARKING .ON. EDFORD BETWEEN CARROL WAY & YORBA STREET In accordance with Councilman Edgar's request and following a question-and-answer period, it was moved by Edgar, seconded by , to temporarily remove the "No Parking" signs on the north Medford between Carroll Way'and Yorba Street. Carried 4-0, Greinke absent. 75 4. SCAG REPRESENTATIVE Per Councilman Edgar's suggestion, Mayor Kennedy was appointed Tustin's voting ~elegate 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 dohn Melton, SCAG Presi- dent, on the matter. 73 LEAGUE OF CITIES LIAISON /k°POINTMENT 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 COMMENDATION Councilman Saltarelli extended thanks and commendations to staff on their efficiency in labeling the voting mechanism buttons for Coun- cil's benefit. 7. OFFICIAL ~)I)JOURNMENT 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~4ERCE - 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 UP. IVE 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. XI. RECESS - REOEVELOPMENT; CLOSED SESSION - RECONVENED At 8:57 p.m., it was moved by Edgar, seconded by Hoesterey, 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 - MAXIM RACINE It was moved by Hoesterey, seconded by Saltarelli, to authorize settlement of the Workman's Compensation Claim tiled by Maxim Racine in the amount of $7,210.00. Carried 4-0, Greinke absent. 7g CITY COUNCIL MINUTES Page 8, 9-17-84 2. COII:LICT OF INTEREST CODE AMENDFIENT -RESOLUTTON NO. 84-77 It was moved by Edgar, seconded by Saltarelli, to- adopt the following: RESOLUTIOg 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. 3. RECOVERY-OF ~NALTIES & INTEREST ON PROPERTY TAXES 79 It was moved by Edgar, seconded by Saltarelli, to authorize the City 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 $30,000.00. Motion carried 4-0, Greinke absent. 97 XlII. The meeting was adjourned at 10:18 p.m. to the next regular meeting on October 1, 1984, at 7:00 p.m. by unanimous informal consent. r'- C~Y CLERK ~ ~ MAY(JR - MXNUTE$ OF A REGULA. R )~EETING OF lllE REDEVELOPMENT Ar~NCY OF THE CITY OF TUSTIN, CALIFORNIA SEPTEMBER 17, 1984 CALL-TO ORDER The meeting was called to order by Chai'rperson Kennedy at 8:57 p.m. in the City 'Council Chambers, 300 Centennial Way, Tustin, California. ROLL CALL Agency Members Present: Agency Members Absent:. Others Present: APPROVAL OF MINUTES Ursula E. Kennedy, Chairperson Richard B. Edgar Ronald B. Hoesterey Donald J. Saltarelli Frank H. Gre~nke, Chairperson Pro Tem James G. Rourke, City Attorney William A. Huston, Exec. Director/City Manager Mary E. Wynn, Recording Secretary/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 5 in the audience It was moved by Saltarelli, seconded ~ Edgar, to approve the minutes of the September 4, 1984, meeting, e motion carried 3-0, Hoesterey abstained, Greinke absent. 4. APPROVAL OF DEMANDS It was moved by Hoestere¥, seconded by Saltarelli, to approve demands for the month of August, 1984, in the amount of $6,676.86 as recommended by the Finance Director. Motion carried 4-0, Greinke absent. 81 DESIGN REVIEW - ZONE CHANGE 84-4, 1262 BRYAN AVENUE - RESOLUTION NO. RDA 84-11 It was moved by Hoesterey, seconded by Saltarelll, to adopt the following: RESOLUTION NO. RDA 84-11 - A RESOLUTION OF THE COMMUNTY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN PLAN FOR THE SENIOR BOARD AND CARE FACILITY AT 1262 BRYAN AVENUE Carried 4-0, Greinke absent.. 6. OTHER BUSINESS 81 None, ADJOURNMENT At 9:05 p.m., it was Joyed by Saltarelli, seconded by Hoesterey, to adjourn the Agency meeting to the next regular meeting on October 1, 1984. Motion carried 4-0, Greinke absent. CHAIRPERSON gb. GOl~l N(~ ¢~'~ OF 300 C~.~t~ni~i Turn. Ca. FIRST CLASS MAIL