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Home My WebLink AboutCC 1 MINUTES 01-16-84MINU~S Or A REG~AJ~ ~ETING OF THE CITY COUNCIL Or 1)lE CITY Or TUSTIN, CALIFOPJIIA JANUARY 3, 1984 CALL TO ORDER/PLEDGE Or ALLEGIANCE/INVOCATION The meeting was called to order by Mayor Hoesterey at 7:01 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 Greinke. ROLL CALL Councllpersons Present: Counctlpersons Absent: Others Present: III. PUBLIC I#P~T IV. Ronald B. Hoesterey, Mayor Ursula E. Kennedy, Mayor Pro Tern Richard B. Edgar Frank H. Greinke Donald J. Saltarelli None James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Donald D. Lamm, Com. Development Director Ronald A. Nault, Director of Finance Robert S. Ledendecker, Dir. of Public Works Charles R. Thayer, Chief of Police Approximately 15 in the audience VI. None. SPECIAL PRESENTATION - FROM AFIERICAN R~D CROSS, ORANGE COUNTY CHAPTER, TO CITY OF 1USTI# Stuart Wallach, member of the Board of Directors and Executive Com- mittee of the Orange COunty Chapter, American Red Cross, read and presented a resolution from the American Red Cross commending Tustin for its efforts and support on behalf of disaster victims and persons deserving. Mayor Hoesterey accepted the resolution and thanked Mr. Wallach. 84 PROCLA#AI~ONS 1. 'PARENTS 1440 CARE' ORGANIZATION - DRUG & ALCOHOL ABUSE AWARENESS Mayor Hoesterey read a proclamation commending the "Parents Who Care" organization for promoting awareness in the Tustin community on the effects, problems, and facts of drug and alcohol abuse. Ms. Straight accepted the proclamation and extended greetings/ thanks from Ethel Reynolds, co-founder. She also thanked the Coun- cil, and especially Police Chief Thayer and the Police Department, for their help and support given to the organization since its founding. 84 2. 'MARCH OF DIllS R)NI'H" - JANUARY, 1984 A proclamation was read and presented to Donna Sutton designating January, 1984, "March of Dimes Month." Ms. Sutton thanked the Council on behalf of the Board of Directors and all March of Dimes volunteers in Orange County. 84 PUBLIC IEARINGS 1. APPEAL Or USE PERMIT NO. 83-25 (1331 GARLAND AVENUE) The Community Development Director presented the staff report as contained in the inter-com dated January 3, 1984, prepared by the Community Development Department. Mayor Hoesterey opened the public hearing at 7:16 p.m. CITY COUNCIL MINUTES Page 2, 1-3-84 William Heller (property owner), 1331 Garland Avenue, and Calvin O'Dell (contractor), O'Dell & Associates, spoke in favor of Use. Permit 83-25 and responded to Council questions. There being no other speakers on the matter, .the public hearing was closed at 7:21 p.m. It was moved by Hoesterey, seconded by Edgar, to modify the Plan- ning Commission recommendation from 60 days to 30 days for sub- mittal of information to the Building Department demonstrating the structural characteristics of the wall; and ~iminate requirements for a driveway apron. Councilman Greinke's amendment to the motion to reduce th.e width of the gate was not seconded. Councilman Saltarelli spoke in favor of the original motion. The motion carried 5-0. 81 2. COl~4ONITY CARLEVISION COMPARY REQUEST FOR RATE IMCREASE The City Manager stated that Community Cablevision requested con- tinuance to allow them an opportunity to meet with one of the home- owner groups affected by the rare increase to negotiate a group rate. The public hearing was There being no speakers closed. opened by Mayor Hoesterey at 7:25 p.m. on the matter, the public hearing was It was then moved by Greinke, seconded by Edgar, to continue the matter to January 16, 1984. Carried 5-0. 53 AGENDA OPJ)E R 3. APPROPRIATIONS LIMIT FOR FISCAL YEAR 1983-84 - PROPOSITION The City Manager noted that subject item was advertised for public hearing this date and was inadvertently placed on Consent Calendar. Mayor Hoesterey stated that this is the time and place for consid- eration of setting an appropriations limitation for Fiscal Year 1983-84 and opened the public hearing at 7:26 p.m. There being no speakers on the matter, the public hearing was closed. It was then moved by Edgar, seconded by Kennedy, to adopt the following: R£SOLtF~ION NO. 84-? - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1983-84, IN ACCORDANCE WITH ARTICLE XIIIB OF THE CON- STITUTION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE Motion carried 5-0. VII. COMSEMT CALENDAR Items I and 5 were removed from Consent Calendar by Greinke, and Item 10 by KennedyJ Item 3 was previously considered as a public hearing (see above). It was then moved by Edgar, seconded by Greinke, to approve the remainder of the Consent Calendar. Carried 5-0. CLAIMANT: NORR, GLENN, JR., ET A~; BATE OF LOSS: 8/27/83; DATE FILED WITH CIIY: 12/3/83; CLAIM NO.: 83-39 Rejected Claim No. 83-39 as recommended by the City Attorney. R~VISED (X}M]I~ACTS, NOUSIMG & CO{~4ONI~Y DEVELOPMENT ACT OF 1974.- PUBLIC FACILITIES II~mROVEMEMTS & SPECIAL JOBS BILL FUNOIMG (South "B" Street/Mitchell Area) Approved the revised contracts betwen the City and County of Orange and authorized the Mayor and City Clerk to execute same, as recommended by the City Attorney. 45 84-1 CITY COUNCIL MINUTES Page 3, 1-3-84 11. RESOLUTION ii). 84-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF llJSTIN, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 11564 LOCAllED AT 14682 HOLT AVENUE Adopted Resolution No. 84-1 as recommended by the Community Development Department. 99 RESOLUTION MO. 84-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12018 (14452, 14472 & 14492 HOLT AVENUE) Adopted Resolution No. 84-2 as recommended by the Community Development Department. 99 RESOLUTIO# NO. 84-3 - A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12016 (1042, 1052 & 1062 WALNUT STREET) Adopted Resolution No. 84-3 as recommended by the Community Development Department. 99 ESOLIFTIO# #0. ~ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AFFIRMING THE FINDINGS OF THE PLANNING COM- MISSION CONCERNING AMENDMENT NO. 1 TO USE PERMIT NO. 80-3 (18352- 18376 IRVINE BOULEVARD) Adopted Resolution No. 84-4. 81 ESOuFrION ii). 84~ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 84-1 (1781 RIVER FORD ROAD) Adopted Resolution No. 84-6 as recommended by the Director of Public Works. 81 Consent Calendar Item No. I - December 19, 1983, Counctl Minutes - ~ouncilman Grelnke made a correction to the Minutes, page 5, last para- graph, last sentence, to read "Carried 4-0, Saltarel'li absent." It was then moved by Saltarelli, seconded b~Edgar, to approve the Minutes of December 19, 1983, as .amended. Carr4ed 5-0. Consent Calendar Item #o. 5 - Prosecution of City Ordinance Viola- tions - Councilman Greinke expressed concern that non-traffic business items - i.e., zoning violations, sign code violations, business license violations, animal annoyances - not go to the District Attorney's office, but continue to be handled by City staff. The City Attorney stated he did not see a problem with same. After further discussion, it was moved by Edgar, seconded by Gretnke, to approve the proposed contract between the City and County of Orange for prosecution of City Ordinance traffic violations (excluding non- traffic ordinance violations), and authorize the Mayor and City Clerk to execute same. Councilman Saltarelli spoke in opposition to the motion, stating that each violation should be reviewed by the City Attorney's office and a determination made on an individual basis as to which should be for- warded to the District Attorney's office for prosecution. The City Manager emphasized that zoning violations are forwarded to the City Attorney's office only as a last resort when all other measures have failed, i.e., written correspondence, t~ephone communications, personal contact, etc. The motion carried 4-1, Saltarelli opposed. 45 84-2 Consent Calendar Item #o. 10 - Use Permit 83-24, Resolution #o. 84-5 - It was moved by Greinke, seconded by Edgar, to adopt the following: 10. RE~UTIO# Il). 84-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AFFIRMING THE FINDINGS OF THE PLANNING COM- MISSION CONCERNING USE PERMIT NO. 83-24 (545 SOUTH "B" STREET) Carried 4-1, Kennedy opposed. 81 CITY COUNCIL MINUTES Page 4, 1-3-84 VIII. IX. Xe ORDINNJCES FOR INTRODUCTION 1. CI1Y COUM~IL CONPENSATION - ORI)INNICE NO. 903 The City Manager p~esented the staff report. It was then moved by Edgar, seconded by Kennedy, that Ordinance No. 903 have first read- ing by title only. Carried 5-0. Following first reading by title only of Ordinance No, 903 by the City Clerk, it was moved by Edgar, seconded by Saltarelli, that Ordinance No. 903 be introduced as fol 1 ows: ONOINA~E NO. 903 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUN- CIL COMPENSATION Motion carried 4-1, Greinke opposed. ORDIHNICE FOR ADOPTION 1. CABLE llELEVISION FRANCHISE TRANSFER - ORDIMANC£ NO. 902 Mayor Hoesterey recognized an unidentified man in the audience who relayed service problems with the present cable television fran- chisee. Mayor Hoesterey expressed the City Council's dissatisfaction with the present franchisee and assured the speaker the City Council is s~mpathetic with residents and is monitoring the situation. It was then moved by Hoesterey, seconded by Kennedy, to continue the matter for modifications in the following orUinance: ORDINANCE NO. 902 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO SIX STAR CABLEVISION OF TUSTIN, INC. AND APPROV- ING THE TRANSFER OF OWNERSHIP FROM SIX STAR CABLEVISION OF llJSTIN, INC. TO UNITED CABLE OF SOUTHERN CALIFORNIA LTD. The motion carried S-O. 53 OLD BUSINESS 1. SUPPLENENTAL* REPORT TO t~TER )JELL LOCATION SqUDY Councilman Edgar stated that the study indicates that water quality is something that will not be known until after the wells are operative; therefore, any consideration for blending capability should be deleted at this time. He suggested the Council direct the Redevelopment Agency to direct staff to proceed with test drillings at Columbus-Tustin and Peppertree Park sites; upon com- pletion of same, staff would submit results to the Council/Agency; staff, in turn, would be directed to prepare plans and specifica- tions (assuming that the tests indicate water quality to be as expected); and upon bid award for well construction, the Agency would appropriate funds from the proceeds of the tax allocation bond sale (approximately $500,000) as a means of getting real cost economy next summer in the water system. Mayor Hoesterey stated he does not believe the Redevelopment Agency should pay for all the Tustin Water System wells, in keeping with the comitments made when the system was purchased to operate it as an enterprise fund. Councilman Edgar noted that the deficiency of the nitrate problem is in the downtown area. Councilman Saltarelli concurred, and stated that at least one well is justified for funding from Rede- velopment funds. Mayor Hoeste~ey was agreeable to one well, but stated that Council must "draw the line" in determining how far the Redevelopment Agency will be involved in resolving the downtown area problem. Further discussion followed. CITY COUNCIL MINUTES Page 5, 1-3-84 XI. It was then moved by Edgar, seconded by Hoesterey, to direct the Redevelopment Agency to direct staff to proceed with soliciting bids for test drilling at the Columbus Tustin and Peppertree Park sites. The motion carried 5-0. 107 OTHER BUSIBESS 1. SALES TAX INCREASE FOR TRANSPORTATION PURPOSES In response to Councilman Saltarelli, the City Manager stated that the issue of increased sales tax for transportation purposes is scheduled for Council consideration on the January 16, 1984, agenda. 2. OIL SPILL ON BUCKINGHAM STREET IN TUSTIN ~AI)OWS Councilman Saltarelli requested that staff investigate the reported oil spill from a garbage truck to determine the extent of damage and implementation of clean-up. 3. TOXIC C~ENICALS Mayor Pro Tem Kennedy reported that the City of Irvine is looking at revamping their ordinance dealing with companies handling toxic chemicals, and requested Council consent to direct staff to look at Irvine's ordinance and others in Orange County so that Tustin can update its ordinances on the matter. The City Manager responded that Irvine's is a "disclosure" ordinance which requires companies handling toxic chemicals to file information with the city on the nature of those chemicals, with restricted access to that informa- tion. He continued that there has been a great deal of controversy in terms of revealing trade secrets within various industries, but a compromise was reached via restricted access to information. The Orange county Fire Department is proposing, on behalf of its contract cities, to adopt a similar ordinance .and administer an ongoing enforcement program through computer operations, where all information would be cataloged. The City Manager suggested that staff look at the Irvine and County programs, and report back to Council. He stressed that there are distinctions as to when you can and cannot charge the company involved for the cost of toxic spill clean-up. Council concurred. 4. REQUEST FOR PROCLAMATION - ROB'S RESTAURANT Mayor Pro Tem Kennedy requested that a proclamation be prepared for presentation to Rob's Restaurant in Tustin in recognition of the Christmas dinner they served to the lonely and needy on Christmas Eve. Council concurred. 84 5. OCTO BOARD OF DIRECTORS VACANCY It was moved by Edgar, seconded by Kennedy, to support the nomina- tion of Cypress City Councilman Gerald Mullen to fill the vacancy on the Orange County. Transit District Board of Directors. Carried 6. RESIGMATION OF EXECUTIVE DIRECTOR, ORANGE COUNTY DIVISIOM, LEACUE OF CALIFORMIA CITIES Council concurred with Councilman Edgar's request for a resolution honoring Bob Haskell, resigning Executive Director of the Orange County Division, League of California Cities, for his excellent service during his tenure. 73 7. 14DBILE HOF[ PARK ZONING The Community Development Director responded to Councilman Edgar regarding mobile home parks, stating that Tustin does have specific zoning for same. Land use changes to rezone for a mobile home park would require application for a general plan amendment, then a zone change, and there are also new State laws which place very strict requirements on notification, etc. CITY COUNCIL MINUTES Page 6, 1-3-84 XII. 8. AB 12 & SB 87 Councilman Greinke requested that copies of AB 12 and SB 87 (per- taining to.public financing of Assembly and Senate elections) be distributed to City Council members. 9, POLICE DEPARTMENT COt~NDATION Mayor Hoesterey commended the Police Department, particularly Investigator Ruth Dixon, for the recent arrests in the airline ticket fraud case, and requested appropriate recognition from Coun- cil be prepared. 82 RECESS - REDEVELOPPENT; AO,]OURNMENT At 8:12 p.m. it was moved by Edgar, .seconded by Greinke, to recess to the Redevelopment Agency, and t~ence adjourn to t~e next Regular Meet- ing on January 16, 1984. Carried 5-0. MAYOR CI)Y CLERK