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Home My WebLink AboutMINUTES 04-02-84MINUTES OF A REGULAR OF THE CITY COUNCIL OF THE CITY OF I~ISTI#, CALIFORNIA APRIL 2, 1984 II. CALL TO OI~EP./PLEOGE OF ~LLEGXANCE/%NVOCATIO# The meeting was called 1:o order by Mayor Hoesterey at 7:04 p.m, in the City Council Chambers, 300 Centennial Way. The' Pledge of Allegiance -was led by Mayor Pro Tem Kennedy, and the Invocation was given by Mayor Hoesterey. ROLL CALL Council persons Present: Councilpersons Absent: Others Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Richard B. Edgar Donald J. Sal tarel 1 i Frank H. Greinke 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 Jeff Kolin, Recreation Superintendent Monda Buckley, Administrative Assistant Approximately 40 in the audience III. PUBLIC II. UT ALBERTSON'S, I#C., USE PERNIT Rr:/b°f~-ICRTIO# (FORNERLY 84~6) Jack Miller, 17352 ParkerI Drive, appeared on behalf of the "Parents Who Care" organization and spoke in opposition to the reapplication of Albertson's, Inc., to convert an existing grocery store into a liquor mart at 13852 Red Hill Avenue, scheduled for public hearing before the Plannning Co,,.,,isston on April 23, 1984. Mr. Miller cited statistics reflecting' alcohol-related problems and requested individual Councilmembers state their position on the matter, in light of the upcoming General Municipal Election on April 10, 1984. In response to Councilman Saltarelli, the City Attorney stated that, as he explained to Mr. Miller in a telephone conversation, both the opponent and applicant of a conditional use permit are entitled to a fair hearing, which means they are entitled to have the people conducting the hearing listen to evidence presented 'at the hearing and make a decision based on that evidence and applied to the State law and City Code covering the issuance of conditional use permits. Therefore, it is inappropriate for a member of the public agency conducting the hearing to indicate a certain position or pre-judgment on the matter. He continued that the matter will come before the Planning Commission if the application is pursued, and the Planning Commissioners will have the obligation to conduct a fair hearing. If either the applicant or opponents appeal the Planning Co,w~tssion's decision, the matter would then come before the City Council, which in turn would conduct a public hearing, and whose members would be under those same obligations. Councilman Saltarelli then stated that in general he is strongly opposed to the proliferation of uncontrolled liquor stores and out- lets, particularly those selling to minors. He noted that he ' introduced and' requested the ordinance requiring a use permit to control same, and added that the Police Department has vigorously pursued stores (two or three) who have been continual violators, as well as those selling adult pornographic materials without the proper safeguards to under-age children. Mayor Pro Tem Kennedy requested staff contact the cities of Garden Grove and Los Angeles on what action they have taken on such mat- ters. She added that she is deeply concerned with the location's high crime rate and because it abuts a residential area. CITY COUNCIL MINUTES Page 2, 4-2-84 Mayor Hoesterey stated that Council has been and will continue to be supportive of Parents Who Care, as has the Chief of Police. He added that he has expressed himself at candidates forums that although he would like some control on the matter, he would not jeopardize his vote by stating a position prior to the hearing. Councilman Edgar concurred and stated that his personal standpoint is that he is morally.against the excessive sale of liquor. 2. WIll(HOLDING OF' AGE INFORMATION BY CITY CLER~ CANDIDATES Jay Nunez, 1447 Sycamore, stated that 'the City Clerk candidates failed to include their age on the candidate statements in the sample ballot. He was unsuccessful in obtaining subject informa- tion from City Hall and contacted the County Registrar of Voters for that information, except for the challenger's year of birth. Mr. Nunez suggested that in the future, candidates for public office include their age in the candidate statements, and asked that Council contact the challenger'and request that she provide that information to him prior to the election. IV. PROCLAMATION PRIVATE PROPERTY WEEX Mayor Hoesterey read and presented a proclamation to Donald Bird, President of the East Orange County Board of Realtors, designating the week of April 8-14, 1984, as "Private Property Week., Mr. Bird expressed his thanks to the Council. 84 V. PUBLIC HEARINGS None. VI. It was moveJ by Edgar, seconded by Kennedy, to approve the entire Con- sent Calendar. T~e m~tion carried 4-0, Greinke absent. 1. APPROVAL OF MINUTES - MARCH 19, 1984 2. RATIFICATION OF PAYROLL IN THE AMOUNT OF $106,800.41 APPROVAL OF O~MANDS IN THE AMOUNT OF $1,160,856.17 m RESOLUTION NO. 84-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICI- PAL ELECTION TO BE HELD ON llJESDAY, APRIL 10, 1984, TO BE MADE BY THE CIl~f CLERK Adopted Resolution No. 84-31 as reco,,w~ended by the City Clerk. 24 Se ACCEPTAMCE OF PUBLIC IMPROVEMENTS & RELEASE OF BONDS - ll~ACT NO. 11282 (South side of San Juan Street West of Utt Drive) Accepted the public improvements within Tract No. 11282 and authorized the release of the following bonds as recommended by the Director of Public Works/City Engineer: #2SM561926, Faith- ful Performance- $18,800.00; #2SM561926, Labor & Materials - $9,400.00; and #2SM563148, Monumentation- $500.00. 99 ACCEPTANCE OF PUBLIC IMPROVEMEMTS A~D RELEASE OF BONOS - ll~ACT NO. 11746 (West side of Red Hill Avenue, between Walnut Avenue and Mitmhell Avenue) Accepted the public improvements within Tract No. 11746 and authorized the release of the following bonds as recommended by the Director of Public Works/City Engineer: #7122688, Faithful Performance - $21,000.00; #7122688, Labor & Materials - $10,500.00; and #7122689, Monumentation - $500.00. 99 INSIDE ENTPdUJCE FOR RE~MS AT LAJ~ERT S~0OL Allocated $1,500.00 in Revenue Sharing Funds for an inside entrance to restroom facilities at Lambert School as recom- mended by the Recreation Superintendent. 41 CITY COUNCIL MINUTES '.ge 3, ¢-2-84 VII. VIII. IX. e RESOLUTION NO. B4--30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING PROPOSITION 18 WHICH PLACES BEFORE THE VOTERS OF CALIFORNIA JUNE 5, 1984, A BOND MEASURE TO PROVIDE FUNDING FOR PARKS AND RECREATIONAL LAND ACQUISITION,~ DEVEL- OPMENT AND OTHER RELATED PURPOSES Adopted Resolution No. 84-30 as recommended by the Director of Community and Administrative Services. 41 OROINAIICES FOR INTROI)UCTION None. OROIMAMCES FOR ADOPTIOM NOne. OLD BUSINESS None. NEll BUSINESS 1. AMARO OF BID FOR mE HEATIM6, VENTILATIN6, AND AIR CONDITIONIN6 (HVAC) PROGRAM Bids fOr subject project were submitted as follows: Dial One Air-Ex Air Conditioning, Inc., Walnut Honeywell, Costa Mesa F. M. Thomas Air Conditioning, Inc., Brea $38,621.00 $57,732.00 $103,300.00 As recommended in the fnter-com dated March 27, 1984, prepared by the Engineering Division, it was moved by Edgar, seconded by Ken- nedy, to award the contract for the Heating, Ventilating, and Air l:-6E~itioning (HVAC) Program to Dial One Air-Ex Air Conditioning Inc., Walnut, for $38,621.00. Motion carried 4-0, Greinke absent. 4! 2. ADULT SOFTBALL LEAGUE FEES The City Manager stated that Councilman Greinke is out of town and he had expressed interest on the matter and a desire to be heard on same. The Recreation Superintendent presented the staff report and alter- native recommendations as contained in his inter-com dated March 27, 1984, and responded to Councilman Saltarelli's questions. The following persons expressed concerns over field conditions, league fees, and budgeted funds for the softball program. Robert Wilt, 1731 Mitchell Avenue Jim Bickley, 14302 Cloverbrook Drive Mayor Hoesterey and Councilman Edgar responded to Mr. BickleY's comments. The Director of Administrative & Community Services and the City Manager provided additional information relative to Coun- cil directives and program costs. A Council/staff question-and-answer period followed. Teak Toottktan, 1062 Tusttn Pines Way, spoke on the matter. Mayor Hoesterey recommended that the Council immediately send a letter to the Tustin Unified School District Board of Education regarding their responsibility to maintain the playing fields in a safe condition and how they intend to fulfill their contractual obligation on the matter. He recommended the issue pertaining to league fees be continued until Councilman Greinke is present to participate in discussion of same. Councilman Saltarelli requested that staff report back on the possibility of reducing fees to $250-$270 per team, and charge $5/person extra for non-resident team members. CITY COUNCIL MINUTES Page 4, 4-2-84 XI. XII. The following persons also spoke regarding fees: Dave Jones, 165 Lockwood Park Place, Frank Miller, 1291 East First Street Rod Keenan, 134t San Juan After further Council/staff discussion, it was moved by Edgar, sec- onded by Saltarelli, to continue the matter to APril 16, i984. Council concurred to direct the City Manager to contact the Super- intendent of schools via telephone on the matter of field mainte- nance, including the possibility of installing two additional gates at the Thorman-Currie school playing fields for easier access. The motion carried 4-0, Greinke absent. 41 1. PLANNII~ COI~ISSION ACTIONS - MARCH 26, 1984 It was moved by Edgar, seconded by Kennedy, to ratify the March 26, 1984, Plannlng Commission ~tion Agenda. Carried 4-0, Gretnke absent. 80 2. ZONE CONSISTENCY WITH GENERAL Pr. AN The Community Development Director presented the staff report and' recommendation as contained in the tnter-com dated April 2, 1984, prepared by the Community Development Department. Following a brief question-and-Q~swer period, the Council concurred to receive and file subject report. OTHER BUSINESS 1. RETIE YAIIS I~CNORIAL BASKETBALL GAME Councilman Saltarelli was informed that Tustin High School was agai~ victorious over the Tustin Police Department in the recent Reggie Yates Memorial Basketball Game. 2. BULLET mAIN ISSUES Councilman Saltarelli wondered whether contact should be made with the First Boston Corporation regarding the financial viability of their plans to fund some items for the bullet train, and suggested obtaining a list of shareholders, etc., to advise them of the bank's proposed investment risk. The City Manager indicated staff would investigate the matter. As requested by Mayor Pro Tem Kennedy, the City Manager indicated staff would inform and request NOVA's consideration of filming State Treasurer Jesse M. Unruh's trip to Japan, at American High Speed Rail's expense, as another great episode in the bullet train series. Councilman Edgar noted that portive of the bullet train prestige. Paul Gann' has indicated being sup- lawsuit, which lends it state-wide 101 3. W~IM STREET TRAFFIC PROBLENS Councilman Edgar reported that speeding on Main Street is out of control, and suggested Council reconsider placement of stop signs, etc. The City Manager 'stated he would meet with the Chief of Police and report back to Council on same. 100 4. EWPTY LOT BEHIND ltlORNAN-CURRIE TENNIS COURTS In response to Mayor Hoesterey, the Director of Public Works stated he would contact the Tustin Unified School District regarding bar- ricading the empty lot between the last residence on Carfax and the ~'ITY COUNCIL MINUTES age 5, 4-2-84 XlII. Thorman-Currie tennis courts to reduce the dust created by vehicles driving through same. In addition, Mayor Hoesterey requested that something be done about dust mitigation. 5. BULLET TRAIN Mayor Hoesterey reported that many speaking engagement requests are being received in reference to Tustin's position on the bullet train, noting that North Santa Ana residents are joining forces to go before their city council and request reconsideration of its position on the bullet train. RECESS - REOEVELOPt,~iT; AIXIOUP. IIFtENT 'At 8:25 p.m. it was moved by Edgar, seconded by Kennedy, to recess to the Redevelopment Agency, and thence adjourn to the next regular meet- ing on April 16, i984, at 7:00 p.m. Carried 4-0, Greinke absent. MAYOR CITY CLERK