HomeMy WebLinkAboutCC 1 MINUTES 02-06-84MINDTE$ OF A REGULAJt I~ETING OF lllE CIIY COt~l~IL OF ll(E ClIY OF llISTIN, CALIFORNIA JANUARY 16, 1984 II. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:07 p.m. in the City Council Chambers, 300 Centennial Way. The .Pledge of Allegiance was led by Mayor Hoesterey, and the Invocation was given by Mayor Pro Tem Kennedy. I~LL CArol Councllpersons Present: Counctlpersons Absent: Others Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tem Rtchard B. Edgar Frank H. Gretnke Donald J. Saltarelll 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 Charles R. Thayer, Chief of Police Monda Buckley, Administrative Assistant Approximately 30 in the audience III. PUBLIC INPUT - WATER SERVlC£ CONCERNS Douglas Chapman, 13252 Fatnnont Way, expressed concern that drilling new wells would cause an increase in water rates. Mr. Chapman sug- Nested that 1) the wells be drilled further west than presently pro- posed for enhanced water quality, and 2) perhaps a second engineering firm knowledgable in wells could be consulted, to exercise care in selecting well sites. Mayor Hoesterey ~esponded that as far as costs, one well All be funded from Redevelopment monies, and the second well, if drilled, will be funded from the water works capital expenditure fund. After further discussion, the Mayor stated the Director of Public Works could meet with Mr. Chapman and explain ~hy the proposed sites were selected. In addition, the City Manager stated that staff could supply Mr. Chapman with a copy of the Boyle Engineering Study. 107 PROCLAMATION 1. ROB'S RESTAURANT - COlg~NOATION FOR C)(RISTMAS EYE DINNER Mayor Hoesterey read a proclamation commending Uti Ronen and John Alphie, owners/operators of Rob's Restaurant, 341E. First Street, for serving Christmas Eve dinner to 400 of the area's lonely and needy. Mr. Ronen thanked the Council. 84 CONTINUED PUBLIC If:ARING 1. COI~UNIT~ CNILEVISION COI~NIY REQUEST FOR RATE INCREA~E The Administrative Assistant presented the staff report as con- tained in the two inter-coms dated December 27, 1983, prepared by the Engineering Division. After a brief question-and-answer period, Mayor Hoesterey opened the public hearing at 7:24 p.m. There being no speakers on the matter, the public hearing was closed. It was then moved by Kennedy, seconded by. Edgar, to adopt the following: CITY CDUNCIL MINUTES Page 2, 1-16-84 VI. RE50[UTION NO. 04-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PERTAINING TO A SUBSCRIBER RATE INCREASE BY COMMUNITY CABLEVISION COMPANY .Carried 4-0, Saltarelli absent. 53 CONSENT CALENDAR It was moved by Greinke, seconded by Edgar, to approve the entire Con- sent Calendar. Motion carried 4-0, Saltarelli absent. 1. APPROVAL OF ~NUTE$- January 3, 1984 2. EATIFICATION OF PAYROLL in the amount of $211,999'.76 APPROVAL OF DEINANO$ in the amount of $1,287,874.90 50 LAI~NT ~ [EASE ~ENEWAL Renewed the lease with the Tustin Unified School District for the use of Lambert School for a period of two years at $1,425 per month as recommended by the Recreation Superintendent. 45 84-2 I~.JECTION OF Ct~II~ OF TEI~ JONES & WILLIAM KEEl[S; BATE OF LOS~: 10-12-83; BATE FILED: 12-9-83; CLAIM NO. 83-40 Rejected subject claim as recommended by the City Attorney. 5. I~50LUTION NO. 84-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF llJSTIN, CALIFORNIA, AFFIRMING PLANNING COMMISSION APPROVAL OF USE PERMIT 83-25 AUTHORIZING A NINE-FOOT BLOCK WALL AT 1331 GARLAND AVENUE, WITH AMENDMENTS Adopted Resolution No. 84-8 as approved by the City Council. 81 6. 11~50LUTION NO. 84-9 , A RESOLUTION oF THE CITY COUNCIL oF THE CITY OF llJSTIN, CALIFORNIA, EXPRESSING APPRECIATION ll3 ROBERT G. HASKELL FOR HIS CONTRIBUTIONS AND SERVICES TO THE ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES Adopted Resolution No. 84-9 as requested by the City Council. 73 AG~EE~m[NT NO. D83-107 - I~YFORO BON) & BRYAM AVENUE INTERSECTION WIIENIN~ Authorized the Mayor to execute Agreement No. D83-107 between the City and County of Orange for Myford Road and Bryan Avenue intersection widening improvement, subject to final approval of the City Attorney. 46 84-3 ACCEPTANCE OF PUBLIC IMPROVEMENTS & R£LF~ OF BONOS - lllACT NO. 10281 (South of First Street, North of Second Street between "A" Street and Pacific Street) Accepted the public improvements within Tract No. 10281 and authorized the release of the following bonds as recommended by the Director of Public Works/City Engineer: Bond #OSM 666 286 - Faithful Performance - $20,500.00 Bond #OSM 555 286 - Labor and Materials - $10,250.00 Bond #OSM 655 288 - Monumentatlon - $1,500.00 I~QUEST TO FILL YACANCIES IN FO~ICE DEPAEll~NT Authorized ltl-ling the vacancies of one Police Officer and one Records Clerk as recommended by the Chief of Police. 79 VII. OPJ)INAMC£S FOR INll~ODUCTION 1. SUBDIVISION 14B, P ACT /g4ENDMENT - ORDINANCE NO. 904 The Community Development Director presented the staff report and recommendation as contained in the inter-com dated January 16, 1984, prepared by the Community Development Department. ,TY COUNCIL MINUTES Page 3, 1-16-84 It was moved by Kennedy, seconded b~ Gretnke, that Ordinance No. 904 have first reading by title only. Carried 4-0, Saltarelli absent. Following first reading by title only of Ordinance No. 904 by the £1ty Clerk,. it was moved by Edgar, seconded by Kennedy, that Ordinance No. 904 be introduced as follows: ORDINANCE NO. 904 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9361(d) PREVIOUSLY ADOPTED BY ORDINANCE NO. 847 OF THE CITY OF TUSTIN Motion carried 4-0, Sal tarell i absent. 81 RECESS. RECO#VE#ED The meeti'ng was recessed at 7:27 p.m. by Mayor Hoesterey. At 7:42 p.m. the City Council meeting was reconvened with Saltarelli absent. VIII. ORDIMANC£S FOR ADOPTION 1. CIl~ COUNCIL CO~MSATION - ORDINANCE NO. 903 It was moved by Edgar, seconded by Kennedy, that Ordinance No. g03 have second reading by title only. Carried 4-0, Saltarelli absent. Following second reading by title only of Ordinance No. 903, it was' moved by Edgar, seconded by Kennedy, that Ordinance No. 903 be passed andadopted as follows: ORDIILANCE NO. 903 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUN- CIL COMPENSATION Roll call vote; AYES: NOES: ABSENT: Edgar, Hoesterey, Kennedy Greinke Saltarellt 2. CABLE TELEVISION FRANCI.IISE: TRANSFER - ORDINANCES NO. 902 & 905 AND RESOLUTION #0. 84-13 Pursuant to the Mayor's recommendation, it was moved by Gretnke, seconded by Edgar, that Ordinance No. 902 be denied. Pursuant to the City Attorney's recommendation, a substitute motion was made by Greinke, seconded by Kennedy, to table the following ordinance indefinitely: ORDIMAMCE NO. 902 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ARENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROVING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISION OF TUSTIN, INC. TO UNITED CABLE OF SOUTHERN CALIFORNIA, LTD. Motion carried 4-0, Saltarelli absent. 53 It was then moved by Greinke, seconded by Edgar, that Ordinance No. 905 have first reading by title only. Carried 4-0, Saltarelli absent. Following first reading by title only of Ordinance No. 905 by the City Clerk, it was moved by Hoesterey, seconded by Edgar, that Ordinance No. gOS be introduced as follows: ORDI#ANC£ NO. 905 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AI4~NDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC., AND APPROVING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISION OF TUSTIN, INC. TO UNITED CABLE OF SOUTHERN CALIFORNIA, LTD. Mayor Hoesterey noted that the amended ordinance incorporates a majority of negotiations between the attorneys on transfer of ownership to United Cable, and noted items that are still under negotiation. CITY CDUNCIL MINUTES Page 4, 1-16-84 Council discussion followed. Bob Towe, ¢700 S, Syracuse Parkway, Denver, Colorado, Vice Presi- dent of Operations, United Cable, explained the financial structure of the .transfer and the proposed completion and o~era~ions of the system under a limited partnership. Mr. Towe explained the reason for urgency of Council approval of the transfer. Councilma~ Greinke e~pressed his opposition to the motion, on the basis of insufficient time to review the ordinance.' Motion carried 3-1, Greinke opposed, Saltarelli absent. 53 It was then moved by Hoesterey, seconded by Gretnke, to adopt the following resolution: RESOLUTION NO. 84-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXPRESSING ITS INTENT TO APPROVE THE TRANS- FER OF THE CABLE TELEVISION FRANCHISE TO UNITED CABLE OF SOUll4ERN CALIFORNIA, LTD. SUBJECT TO CITY COUNCIL APPROVAL OF PROVISIONS OF REVISED FRANCHISE Following Council discussion, the motion carried 4-0, Saltarelli absent. 53 IX. NEW BUSIBESS 1. 1B-YEAR TRANSPORTATION INVESTMENT PLAN - RESOLUTION NO. 84-10 The City Manager stressed that only endorsement of the 15-year plan to the Orange County Transportation Commission .is under Council consideration, and not whether the sales tax for the plan should be endorsed. The Director of 'Public Works presented the staff report and recom- mendation as contained in his inter-com dated January g, 1984. The. City Manager and Director of Public Works responded to Council questions pertaining to which cities have approved the plan, the return rate of the sales tax revenue to Tustin, the effect of the sales tax increase on Orange County businesses, method of distribu- tion to cities of the Federal gas tax, and the transit category of the plan. Council debate followed regarding the use of funds for fixed rail mass transit, and placing the matter before 'the voters for approval/disapproval. The City Manager recommended that Council adopt the resolution as proposed and through a separate minute action, encourage the Orange County Transportation Commission to consider placing the light rail or mass transit project on the ballot after studies are completed, but prior to any project fund- ing. Further discussed followed. It was moved by Kennedy, seconded by Hoesterey, with the under- standing that the Orange County Transportation Commission be made aware that Tustin will not approve any mass transit funding without voter approval on a specific project, that the following be adopted: RESOLUTION NO. 84-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE ORANGE COUNTY TRANSPORTATION COMMISSION FIFTEEN-YEAR TRANSPORTATION INVESTMENT PLAN AND AUTHO- RIZE THE PLACEMENT OF THE TRANSPORTATION INVESTMENT PLAN ON THE JUNE 5, 1984 BALLOT Motion carried 3-!, Greinke opposed, Saltarelli absent. 10! It was then moved by Edgar, seconded by Kennedy, to direct staff to prepare a resolution supporting the principle that the rapid tran- sit ~ement of the plan must have voter approval. Carried 4-0, Saltarelli absent. 10! ITY COUNCIL MINUTES Page 5, 1-16-84 XI. REPORTS 1. PLANNING CO~IlSSION ACTIONS - JANUARY 9, 1984 The January 9, 1984, Planning Commission Action Agenda was ratified by unanimous informal consent. 80 2. BIJCKINGILRN PLACE 0IL ~ILLAGE It was moved by Hoesterey, seconded by Kennedy, to receive and file t~e lnter-com on subject item dated JanuaryLO, 1984, prepared by the Director of Public Works. Carried 4-0, Saltarelli absent. 102 3. STAlllS I~PORT REGARDING WINDSOR GARDEN APARTNENT$ As recommended in the inter-com dated January 16, 1984, prepared by the Community Development Department, it was moved by Hoesterey, seconded by Kennedy, to receive and file subject report. Motion carried 4-0, Saltarelli absent. ~ 4. )lCD REHAB LOANS Following consideration and discussion of the inter-cmn dated January 16, 1984, prepared by the Community Development Department, Council concurred to direct staff to implement the following mea- sures (Items 1-4 and 6 of staff report) as soon as possible to disseminate information to City residents on the HCD Home Improve- ment Program and availability of funds: 1) Issue press releases to The Tustin News; 2) Provide quarterly reports in the "Tusttn Today"; 3) Insert water billing message (as in example attached to staff report); 4) Provide flyers and cards to chamber of Commerce; and 5) Distribute fl~rs through community groups and/or by volunteers such as Boy Scouts or Girl Scouts to rehab areas. 81 OTHER BUSINESS RI~QUEST FOR CLOSED ~SSION The City Manager requested a Closed Session for discussion of legal matters. 2. AIR SPUR I~LICOPTER, IgC. Mayor Pro Tem Kennedy noted with concern that Air Spur Helicopter, Inc., has begun service, and requested that staff monitor their flight paths. 3. RESPONSIBILITY FOR CLEANUP OF BROKEN GLASS ON CITY STREETS Mayor Pro Tem Kennedy stated that she recently learned that drivers are responsible for cleanup of broken glass resulting from vehicle accidents on city streets unless a tow truck is called, then the tow truck driver assumes responsibility. She requested that an article be published in "Tustin Today' to inform residents of same. 95 NID-YEAR BUDGET WORKSHOP; PRINTING OF FINAL FY 1983-84 BUOGET & REVENUE SHARING ALLOCATIONS Councilman Edgar suggested scheduling a workshOp regarding mid-year budget projections. It was Council consensus to review a report on same prior to scheduling a workshop. The City Manager responded to Councilman Edgar's questions pertain- ing to the final Fiscal Year 1983-84 Budget. The Director of Administrative & Community Services informed Councilman Edgar the revenue sharing allocations would be on the February 20, 1984, Council agenda. 29 CITY COUNCIL MINUTES Page 6, 1-16-84 XII. 6. ~R ~S'[EN DEFICIENCIES The Director of Public Works responded to Councilman Edgar that the report on water system deficiencies has been submitted and is pres- ently being reviewed by staff. 107 7. AB 12 AND SI) 87 Councilman Greinke thanked the Director of Administrative &. Com- munity Services for copies of AB 12, and requested that SB 87 be agendized for the February 6 meeting to afford the Council an opportunity to make a recommendation to the Assembly and Senate on same. 61 8. TOUR OF )F-S'HORE ~RILLII~ PIGS Councilman Greinke reported Chevron USA has agreed to host a tour of off-shore drilling rigs for 14-20 persons. Council concurred to schedule same following the April 10 General Municipal Election and to extend an invitation to members of the press to participate. 9. COuNcILKMi EDGAR APPOIN'rNENT TO LEAGUE ~SOLUTIOIIS CORqlTTEE Mayor Hoesterey co,,,,ended Councilman Edgar upon his appointment to the Resolutions Committee of the League of California Cities, Orange County Division, which was made at the January 12 League meeting. 73 10. FILING ~ NOMINATION PAPERS BY HOESTEREY Mayor Hoesterey announced that he has filed nomination papers for the office of member of the City Council, along with incumbents Edgar and Sal tarell i. 11. WORgSHOP iEGARDIIIG CABLE TELEVISION FRANCHISE TRANSFER Mayor Hoesterey requested that a workshop be scheduled at 5:30 p.m. preceding the February 6, 1984, 7:00 p.m. meettng to allow Council briefing and review of the cable television franchise transfer negotiations and documents. Council concurred. 53 12. I-5/55 INTERCHANGE MODIFICATIONS accordance with Councilman Greinke's suggestion, Council con- curred to tour the proposed I-5/55 Interchange modification loca- ~ on Saturday, January 21, 1984, at 9:00 a.m. with staff. 54 RECESS - REDEVELOPt~NT; ADdOUR#I~NT At 9:00 p.m. it was moved b,y Edgar, seconded by Greinke, to recess to the Redevelopment Agency; thence to a Closed Session for discussion of legal matters; and thence adjouPn to Saturday, January 21, 1984, at g:O0 a.m. for a tour of the I-5/55 Interchange; thence to a workshop regarding CommuniCom at 5:30 p.m. on February 6, 1984; and thence to the next Regular Meeting on February 6, 1984 at 7:00 p.m. Carried 4-0, Sal tarel 1 i absent.l MAYOR CITY CLERK