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HomeMy WebLinkAboutMINUTES 01-16-84OF THE CITf COUNCIl. OF ~E CITY OF TUSTIN, CALIFORNIA JANUARY 16, lg84 II. III. IV. CALL TO ORDER/PLEDGE OF ~LLEGIA~CE/II~fOCATIO~ 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 wasled by Mayor Hoesterey, and the Invocation was given by Mayor Pro Tem Kennedy. ROLL CALL council persons Present: Counctlpersons Absent: Others Present: Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tam Richard B. Edgar Frank H. Greinke Donald J. Saltarelli 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. Tha~r, Chief of Police Monda Buckley, Administrative Assistant Approximately 30 in the audience . PUBLIC INPUT - WATER SERVICE CONCERNS Douglas Chapman, 13252 Fairmont Way, expressed concern that drilling new wells would cause an increase in water rates. Mr. Chapman sug- gested that 1) the wells be drilled further west than presently pro- posed for enhanced water quality, and'2) perhaps a second engineering firm knowledgeaUle in wells *could be consulted, to exercise care in s~ecting well sites. Mayor Hoesterey responded that as far as cos{s, one well will 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 PROCI.AMATION 1. ROB'S RESTAURANT - COMI~NDATION FOR CHRISTMAS EVE' DINNER Mayor Hoesterey read a proclamation commending Uri Ronen and John Alphie, owners/operators of Rob's Restaurant, 341 E. First Street, for serving Christmas Eve dinner to 400 of the area's lonely and needy. Mr. Ronen thanked the Council. 84 CONTINUED PUBLIC HEARING 1. COIIIUIIIY CABIJEYISIO~ COMPN~Y REQUEST FOR RATE INCP~ASE 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 7:2¢ 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 COUNCIL MINUTES Page 2, 1-16-84 VI. RESOLUTION BO. 84-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PERTAINING TO A SUBSCRIBER RATE INCREASE BY COMMUNITY CABLEVISION COMPANY Carri ed 4-0,. Sal tarel 1 i absent. 53 CONSENT CALENOAR It was moved by Greinke, seconded by Edgar, to approve the entire Con- sent Calendar. Motion carried .4-0, Saltarelli absent. 1. APPNOVAL OF ~4INUTES - January 3, !984 2. UTIFICATION OF PAYROLL in the amount of $211,999.76 A~PNOVAL OF DEMANDS in the amount of $1,287,874.90 0 ~RT S~HO~ LEASE RENEWAL 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 REJECTION OF CLAIM OF *TERRY JONES & WILLIAM KEERS; DATE OF LOSS: £0-12-8~; DATE'FILED: 12-9-83; CLAI# NO. 83-40 Rejected subject claim as recommended by the City Attorney. RESOLUTION 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 RESOLUTION NO. 84-9 - A RESOLUTION OF THE CITY COUNCIL-OF THE CITY OF TUSTIN, CALIFORNIA, EXPRESSING APPRECIATION TO 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. AGREEMENT NO. D83-107 - ~YFONO I)DAD & BRYAN AVENUE INTEP. SECTION WIDENING 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. 45 84-3 em AC~J~PTANCE OF PUBLIC II~.ROVEMENTS & RELEASE OF BONDS - TI~CT 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 555 286 - Faithful Performance - $20,500.00 Bond #OSM 555 286 - Labor and Materials - $10,250.00 Bond #OSM 555 288 - Monumentation - $1,500.00. REQIJ~ST TO FILL VA~J~NCIES IN POLICE DEPARTMENT Authorized filling the* vacancies of one Police Officer and one Records Clerk as reco,,,,~ended by the Chief of Police. 79 VII. ORDINANCES FOR INTRODUCTION 1. SUBDIVISION I~P ACT AIWENDMENT - 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. CITY COUNCIL MINUTES Page 3, 1-16-84 It was moved by Kennedy, seconded b~ Greinke, 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 th~ City Clerk, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 904 be introduced as follows: ORDINANCE ID. 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, Saltarelli absent. 81 RECESS RECONIfENED The meeting 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. ORDINANCES FOR ADOPTION 1. CIIY COUNCIL COMPENSATION - ORDINANCE ID. 903 It was moved by Edgar, seconded by Kennedy, that Ordinance No. gO3 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*: ORDINANCE ID. 903 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, A~NDING THE TUSTIN CITY CODE RELATIVE TO COUN- CIL COMPENSATION · Roll call vote: AYES: NOES: ABSENT: Edgar, Hoesterey, Kennedy Greinke Saltarelli 2. CABLE llELEVISION FRANCHISE TRANSFER.- ORDINANCES ID. 902 & 905 AND RESOLUTION ID. t)4-13 Pursuant to the Mayor's reco,i~endation, it was moved by Greinke, seconded by Edgar, that Ordinance No. 902 be denied. Pursuant to the City Attorney's recomendation, a substitute motion was made by Greinke. seconded by Kennedy, to table the following ordinance indefin(tely: ORDINANCE NO. 902 - AN ORDINANCE OF THE CITY OF TUSTIN, CALZFORNIA, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPRpVING 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. gO5 be introduced as follows: ORDINANCE ID. 905 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING 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. ~a~or 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 st~ll under negotiation. CITY COUNCIL MINUTES Page 4, 1-16-84 Council discussion followed. Bob Towe, 4700. S. SYracuse Parkway, Denver, Colorado, Vice Presi- dent of Operations, United Cable, explained the financial structure of the transfer and the proposed completion and operations of the system under a limited partnership. Mr. Towe explained the reason for urgency of Council approval of the transfer. Councilman Greinke expressed 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 Greinke, to adopt the following resolution: ~SOLU~ION NO. 8~-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 SOUTHERN 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 BUSINESS 1. I~-YEA~ ll~SPORTATION INVESll~ENT Pt~ - P~SO~UTION 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'whetheP 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-cmn 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 llJSTIN, 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 3-1, Grei nke opposed, Sal tarell i absent. 101 It was then moved by Edgar, seconded by Kennedy, to direct staff to prepare a resolution supporting the p~nclple that the ra~lo t~a~- sit element of the plan must h:Ve voter approval. Carried 4-0, sal tarel 1 i absent. 101 CITY COUNCIL MINUTES Page 5, 1-16-84 XI. REPORTS 1. PtAIINING COII4ISSIOll ACTIONS- JANUARY 9, 1984 The January g, 198.4, Planning Commission Action Agenda was ratified by unanimous informal consent~ 80 2. BUCKINGILRI4 PLACE OIL SPILLAGE It was moved by 'Hoesterey, seconded by Kennedy, to receive and file the inter-com on subject item dated danuary~O, 1984, prepared 'by the Director of Public Works. Carried 4-0, Saltarelli absent. 102 3. STATUS II,PORT I~CGJL~,DING WIMOSOR r~N APARll~)II~ As recon~ended in the Inter-corn dated January 16, 1984, prepared by the Community DeveloPment Department, it was moved by Hoesterey, seconded.bAy Kennedy, to receive and file subject report. Motion carried 4 O, Saltarelli absent. ~ 4. HCD I~HRB LOANS Following consideration and discussion of the inter-corn dated January 16, 1984, prepared by the Cb,a,unity 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: l) Issue press releases to The Tustin News; 2) Provide quarterly reports in the "Tustin Today/'; 3) Insert water billing message (as in example attached to staff report); 4) Provide flyers and cards to Chamber of Commerce; and $) Distribute flyers through community groups and/or by volunteers such as Boy Scouts or Girl Scouts to rehab areas. 8! OTHER BUSINESS 1. REQUEST FOR CLOSED SESSION The City Manager requested a Closed Session for discussion of legal matters. 2. AIR SPUR HELICOPTER, INC. Mayor Pro Tem Kennedy noted with concern that Air Spur Helicopter, Inc., has begun service, and requested that staff monitor their flight paths. 101 3. RESPONSIBILI'TY FOR CLEANUP OF BROKEN GLASS ON CITY STREETS Mayor Pro Tern Kennedy stated that she recently learned that drivers are responsible for cleanup of broken glass resulting from veh.icle accidents on city streets unless a tow truck is called, then the tow truck driver assumes responsibility. She requested that an. article be published in "Tustin Toda3/' to inform residents of same. gS MID-YEAR BIJI)GET WORKSHOP; PRINTING OF FINAL FY 1983-84 BUDGET & REVENUE SHARING N. LOCATIONS Councilman Edgar suggested scheduling a workshop regarding mid-year budget projections. It was Council consensus to review a report on same prior to scheduling a workshop. The City Manager responded to Councilman Edgar's questions pertain- ing to the final Fiscal Year 1983-84 Budget. The Director of Administrative & Community Services informed Councilman Edgar the revenue sharing allocations would be on the February 21, 1984, Council agenda. ~ CITY COUNCIL MINUTES Page 6, 1-16-84 XlI. 6. WkTER SYSTEM BEFICIEIlCIE$ 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 CF CFF-SliORE BRILLING RIG,S Councilman Greinke reported Chevron USA has agreed to host a tour of off-shore drilling Mgs 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. COUNCILMAN g)GAR ~POINll~ENT ll) LEAGUE RESOLUTIORS Mayor Hoesterey co,,,~tended 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 CF BI)MlllAlIOB PAPERS BY ~IOESTEIUEY Mayor Hoesterey announced that he has filed nomination papers for the office of member of the City Council, ~ong with incumbents Edgar and Saltarelll. 11. WORKS)lOP R~gdUIDItiGCABLE TELE¥ISIO#.FI~CalSE ll~SFER Mayor Hoesterey requested that a workshop be scheduled aG $:30 p.m. preceding the February 6, 1984, 7:00 p.m. meeting to allow Council briefing and review of the cable television franchise transfer negotiations and documents. Council concurred. 53 12. I-5/55 INTERC)(ANE )~)I)IFICAllONS In accordance with Councilman Greinke's suggestion, Council con- curred to tour the proposed I-5/55 Interchange modification loca- tions on Saturday, January 21, 1984, at g:O0 a.m. with staff. 54 RECESS - REDEVELOPMENT; AD,.IOURNBI~#T At 9:00 p.m. it was moved by Edgar, seconded by Greinke, to recess to the Redevelopment Agency; thence to a Closed Session for discussion of legal matters; and thence adjourn to Saturday, January 21, 1984, at 9:00 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, Saltarelli absent. MIBU~S OF A REGULAR )I~ETING OF THE REI)EVELOP~NT A~ENCY alr ltl£ CIIY OF ll)STI#, CALIFORNIA JANUARY 16, 1984 CALL TO ORDER The meeting was called to order by Chairman Hoesterey at 9:00 p.m. City Council Chambers, 300 Centennial Way, Tustin, California. in the ROml C.~LL Agency Members. Present: Agency Members Absent: Others Present: Ronald B. Hoesterey, Chairman Ursula E. Kennedy, Chairperson.Pro Tern Richard B. Edgar Frank H. Greinke Donald J. Saltarelli 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 Ronald A. Nault, Director of Finance Royleen A. White, Dir. of Admin. & Com. Services Charles R. Thayer, Chief of Police Robert S. Ledendecker, Director of Public Works Approximately 8 in the audience APPROVAL OF IdlZ#UTES It was moved by Edgar, seconded by Gretnke, to approve the minutes of the January 3, 1984, meeting. Carried4-O, Saltarelli absent. 4. APPROVAL OF DEMANDS It was moved by Edgar, seconded by Kennedy, to approve demands in the amount of $105,634.93 for the month of December, 1983, as recommended by the Finance Director. Carried 4-0, Saltarellt absent. 81 ARCHITECTURAL REVIEW - USE PERMIT 83-2~ (EL CAMI#O PLAZA) - RESOLUTION NO. RDA 84-1 The Director of Community Development presented the staff report and recommendation as contained in the inter-com dated January 16, 1984, pre- pared by the Community Development Department. Project plans were viewed by Agency members. It w~s moved by Edgar, seconded by Kennedy, to uphold the findings of the Planning Co,',,dsslon anti approve the architectural and site plans for this project by adoption of Resolution No. RDA 84-1 as follows: RESOLUTION NO. RI)A 84-1- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN O~ A'.COM- MERCIAL BUILDING TO BE CONSTRUCTED AT SIXTH STREET AND EL CAMINO REAL AS APPROVED BY THE PLANNING COMMISSION PURSUANT TO USE PERMIT 83-22 (El Cami no Plaza) After a brief question-and-answer period, the motion carried 4-0, Salta- relli absent. 81 ARCHI'TECllJRAL RI~YIEW - USE PERMIT 83-27 (1042, 1052, 1062 WALNUT STREET) - RESOLUTION NO. RE)A 84-2 The Community Development Director presented the staff report and recom- mendation as contained in the inter-com dated January 16, 1984, prepared by the Community Development Department. It was then moved by Greinke, seconded by Edgar, to adopt the following: REDEVELOPMENT AGENCY MI' -ES Page 2, 1-16-84 RESOLtFI'IOM #0. RDA 84-2 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF A 13- UNIT TOWNHOUSE PROJECT TO BE CONSTRUCTED AT 1042, 1052, 1062 WALNUT STREET AS APPROVED BY THE pLANNING COMMISSION PURSUANT TO-USE PERMIT 83-17 After Agency discussion, the motion carried 4-0, Saltarelli absent. 81 7. Oll4£R BUSINESS Mr. Greinke complimented the Director of Community Development on his professional i sm in handl ing pl anning matters. Agency members noted that the Planning Commission recently observed its one-year anniversary. m ADaOtmlmlE#T At 9:06 p.m. the Agency meeting was adjourned to the next regular meeting on February 6, 1984, by unanimous infor!n, al consent. RECORq G SECRET6 Y C HA I RMAN ~