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HomeMy WebLinkAboutMINUTES 11-15-82MINUTES OF A l~J~.a~. ~wr~G OF '-~ T~STIN ~ ~O~NCIL COUNCIL CHAMBERS 300 Centennial Way November 15, 1982 I. TO O~DER The meeting was called to order by Mayor Edgar at 3:56 p.m. II. III. CONCERNS Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None Mary E. Wynn, City Clerk Mike Brotemarkle, Comm. Dev. Director Roy Gonzales, Personnel Director Bob Ledendecker, Director of Public Works R. Kenneth Fleagle, Planning Consultant Royleen White, Community Services Director Eva Solis, Deputy City Clerk Approximately 20 in the audience PUBLIC Kathy Weil, 1702 Sum~erville, Civic Liaison for the Tustin Meadows Con~nunity Association, read the following resolution into the Coun- cil minutes which was passed by the Association Board: BULLET TRAIN RESOLUTION RESOLVED that the Tustin Meadows Community Association strongly urges the Tustin City Council to actively oppose the construction and operation of the "Bullet Train" System. The Association's opposition to the "Bullet Train" is based on the following: Assembly Bill 3647, which makes possible this System, was approved by the State Legislature without proper public input and safeguards. 2o The construction of the System would create excessive noise and visual impact that would far outweigh any transportation bene- fits to the people. 3. The construction of the system would lower the value of the residential property in the City of Tustin. 4. The strong possibility that the System would become a burden to the taxpayers. The Association asks the Council to oppose the "Bullet Train" by taking the following action: 1. Make the City's opposition known to the four-man review commis- sion chaired by Jesse Unruh. 20 Urge the Southern California Association of Governments (SCAG) to oppose the Bullet Train on the basis that the System will create many problems and solve few. 3. Follow the lead of the San Clemente City Council by joining the Association for Bullet Train Review. 4. Join with the Tustin Meadows Community Association in communi- cating our concerns to our Legislators in Sacramento. It was moved by Greinke, seconded by Kennedy, to support the resolu- tion of the Tustin Meadows Community Association opposing the Bullet Train. CITY COUNCIL MINUTES Page 2, 11-15-82 V. ~ONSENT C~T.~mlDAR Councilman Saltarelli asked that the motion include that the City request the Orange County Division, League of California Cities, to seek legislation that would remove the SEQA exemption on this proj- ect. The motion was amended by Greinke, seconded by Kennedy, to support the Tustin Meadows Community Association resolution opposing the Bullet Train, and to encourage the participation of the League of California Cities to seek legislation that would remove the environmental review exemption. Carried 5-0. 101 "NO" votes were registered by Hoesterey and Kennedy on Item 9. It was then moved by Hoesterey; seconded by Greinke, to approve the Motion carried 5-0. Consent Calendar. 1. 2. 4o 5o 7o 8e 9e APPI~OVAL OF MIh~£mS - November 1, 1982 RATIFICATIO~ OF PAYI~W~. in the amount of $98,629.93. APPI~OVAL OF DEMANDS in the amount of $90,851.11. 5O L. P. ~u~KI~ORX PI~OD~CTIO~ Approve 1983 agreement with L. P. Repertory as presented and recommended by the Director of Community Services. 45 D]~Tr~AL OF CLAI~ OF E. PAULIN~ D~ CARLO; DATE OF LOSS= 8/16/82; ~NO. 82-25; F,,.mn itl'TH CI'I~: 9/24/82 Deny subject claim as recommended by the City Attorney. 40 ~DA ANNUAL I~PO~T FOR FISCAL ~ 1981-82 Motion that the City Council has reviewed the Annual Report of the Redevelopment Agency for FY 1981-82 and approves the findings, program and recommendations of the report, includ- ing the independent financial audit report as recommended by Ken Fleagle, the D.P.A. Consultant. 81 ~EQ~EST FOR 'rK~ ~EMOVAL IN PARK~%Y AT 15621 PACIFIC ~k~w~ Removal of tree as requested, and replacement with a tree chosen from the City approved tree list by Mrs. Francis as recommended by the Maintenance Superintendent. 86.1 ~ST FOR TREE I~4OVAL AT 14751BII%CHWOOD PLACE Removal of subject tree as requested, with no replacement tree planted as recommended by the Maintenance Superin- tendent. 86.1 TRANSPOI~TATIO~ D~v~,OP~:NT AC-~ PI~OGI%%M- APPROVAL OF P~H)JECT AND CT~?~ FOR "PI~OGI~%M" ~u~DS Approve construction of the handicapped ramps as outlined in the City Engineer's staff report dated November 8, 1982, with the City Engineer as designated contact person and also authorize the submittal of the application for all funds available to the City of Tustin for fiscal year 1982-83 as recommended by the City Engineer. 95 I~ESOLIFTIOH NO. 82-88 - A Resolution of the City Council of the City of Tustin UPHOLDING PLANNING AGENCY APPROVAL OF USE PERMIT 82-22 WITH CONDITIONS Adopt Resolution No. 82-88 as recommended by the Community Development Department. (Hoesterey and Kennedy registered "NO" votes.) 81 V. OI~INAI~ES FOR I~'-'t~ODUCTIO~ - None VI. O~DI- NANTES FOR ADOPTION 1. O~DINANCE NO. 882 - An INTERIM URGENCY ORDINANCE of the City Council of the City of Tustin, California, REPEALING ORDINANCE NO. 881 AND DECLARING A MORATORIUM ON DEVELOPMENT PROJECTS DESIGNED FOR OFFICE USE IN THE C-1, C-2, CG, M AND PC-COMMERCIAL DISTRICTS FOR A PERIOD OF ONE HUNDRED AND TWENTY DAYS CITY COUNCIL MINUTES Page 3, 11-15-82 Following consideration of the report dated November 10, 1982, prepared by the City Attorney, it was moved by Hoesterey, sec- onded by Kennedy, that Ordinance No. 882 have first reading by title only. Carried 5-0. Following first reading of the title of Ordinance No. 882 by the City Clerk, it was moved by Salta- relli, seconded by Hoestere¥, that Ordinance No. 882 be intro- duced. Motion carried 5-0. It was then moved by Kennedy, seconded by Greinke, that Ordi- nance No. 882 have second reading by title only. Carried 5-0. Following second reading of the title of Ordinance No. 882 by the City Clerk, it was moved by Greinke, seconded by Kennedy, to adopt Ordinance No. 882. Roll call vote: AYES: NOES: ABSENT: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None None 81 VII. OLD ~SINESS - None VIII. BUSINESS 1. AWARD OF BID - ENGI~K~NG DI¥~SION SUI~WEY VEHICLE Bids for a 1983 Chevrolet or GMC Suburban Wagon with diesel engine and 3-speed automatic transmission, including sales tax, were received as follows: Skelley Latzer & Co./Deanza Chevrolet ~Guaranty Chevrolet Motors, Inc. University Sales a Service (GMC) $13,134.57 $13,834.17 $14,097.72 The Director of Public Works responded to Council concerns on the need for a diesel engine as opposed to a gasoline engine, stating that the diesel engine can withstand idling much better than the gasoline engine with less maintenance problems. He added that the City qualified for a fleet price, lowering the amount by an additional $800.00. It was then moved by Hoes- terey, seconded by Kennedy, to award the bid in the amount of $13,134.57 to Skelley Latzer & Company/Deanza Chevrolet for the purchase of a 1983 Chevrolet suburban Wagon as recommended by the City Engineer in his report dated November 9, 1982. Motion carried 5-0. 87 RESOLUTION NO. 82-83 - A Resolution of the City Council of the City of Tustin APPROVING THE ISSUANCE OF $8,500,000 PRINCIPAL AMOUNT OF TOWN CENTER AREA REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, SERIES 1982 BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY This item was deferred to the 7:30 p.m. meeting. IX. I~POI~S 1. WINDSOI~ GARDENS (33~HX~XNI~ C0~v~a~ION The Community Development Director briefly recapped his written report dated November 15, 1982. The report was received and filed by unanimous informal consent. 43 X. I~'~Kv~W PLANNING MISSION APPlICAnT This item was deferred to the 7:30 p.m. meeting. (See page 4.) XI. f~r~K B~SINESS -None XII. ~ECESS - R~DEVELOPMENT; At 4:10 p.m. the City Council recessed to a meeting of the Redevel- opment Agency, and thence to the 7:30 p.m. session by unan/mous informal consent. CITY COUNCIL MINUTES Page 4, 11-15-82 MI~u---~S OF A RE~,/t MEETING OF THE TIISTIN CITY COUNCIL November 15, 1982 I. ~ TO ORDER The meeting was called to order by Mayor Edgar at 8:06 p.m. II. Can?. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None James G. Rourke, City Attorney William A. Huston, City Manager Mary E. Wynn, City Clerk Ron Nault, Finance Director Approximately 22 in the audience III. p~n~T.?C ~ONCE~NS - None AGENDA ORDER VIII. NEgl BUSINESS 2. RESO~UTIO~ NO. 82-83 - A Resolution of the City Council of the City of Tustin APPROVING THE ISSUANCE OF $8,500,000 PRINCIPAL AMOUNT OF TOWN CENTER AREA REDEVELOPMENT PROJECT TAX Ar~r.OCATION BONDS, SERIES 1982, BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY It was moved by Kennedy, seconded by Hoesterey, to adopt Resolu- tion No. 82-83. Carried 5-0. Mayor Edgar suggested addressing some of the proposed projects such as a water well and electrical undergrounding. The City Manager suggested that staff prepare a report for the next meeting outlining steps that need to be taken, projects by category, and options that are available. 81 a~NDA ORDER X. IIv-'~KV-EW (~' PLANNING CO~MISSION APPLICANT & S~.~CTION ~ CO~tISSIONE~ Charles Puckett was interviewed by the Council as he was out of town at the time other applicants were interviewed. Paper ballots were used to vote for 5 Planning Commissioners by the City Council. Voting results were as follows: APPLICANT VOTES Kathy Well Ronald H. White Mark D. Ainslee Charles E. Puckett James B. Sharp L. W. (Bill) Robbins Walter S. Kowalik Hildegarde E. Cutts C. Robert Edman Steven E. Price Kathy Well, Ronald H. White, Mark D. Ainslee, Charles E. Puckett, and James B. Sharp will be sworn in at the December 6, 1982, meeting Also at the same meeting, staff will prepare a report on the pro- posed training program for commissioners with a projected target date for commencing Planning Commission meetings. 81 CITY COUNCIL MINUTES Page 5, 11-15-82 XI. ~ BUSINESS 1. ~QOEST FOR EXl~J~rx*xv~ SESSIO~ At the request of Councilwoman Kennedy and the City Manager, an ExeCutive Session for legal matters was scheduled following the meeting. 2. I~b'I~ONS~ TO (~li ~l~I(~ -- COPY TO TUSTIN ~U~WS ~ITOR In response to Councilman Saltarelli's request, Council con- curred that the City Manager send a copy to the Tustin News Editor of his letter dated November 5, 1982, to the Chamber of Commerce President responding to an article which appeared in the November, 1982, issue of the Chamber's "Tustin Advocate," which inferred that cities will unilaterally raise property taxes to fund the cost of employee retirement. 97 Councilwoman Kennedy asked staff to check into the circumstances of the accident this date at Redhill and the railroad crossing. 4. FINAL PAv~NG IN DOWNTOWN A~EA Councilman Greinke explained that the reason we have not com- pleted the final paving on parts of E1 Camino Real and Main Street is a safety factor. Staff wants to keep the traffic flowing as slowly as possible during construction. 5. CIT~ AWAP/~ DINNER Mayor Edgar commended the City Awards Committee for a fine Awards banquet and asked that letters of commendation be sent to the Comm4ttee. 6. DOg~O~N e~.ISTMAS DE~O~ATIO~S Mayor Edgar reported that the City Attorney had given the opin- ion that it was probably invalid to fund any Christmas decora- tions for the downtown area frc~ the Redevelopment Agency but it would be appropriate to fund it out of the general revenue. He also reported that Gene Carter of the Edison Company has sug- gested that Council should be very alert as to legal authority for expending energy for decorations. 81 7 · CE~*K}tIY ,',~,X'RRATING COt'm'bETIO~i OF DOWNTOWN IMPBuv~ Mayor Edgar suggested that the ribbon-cutting ceremony celebrat- ing completion of the downtown area improvements should be held in early January, perhaps January 15 at 10:00 a.m. The Well Wishers have volunteered to help and we should involve the Cham- ber of Commerce, the Historical Society, and any other groups that would like to help. A committee should be formed that would include those participants that would like to help. Coun- cil concurred. 95 XII. ADJOOnN~NT It was moved by Hoesterey, seconded by Kennedy, to adjourn to an Executive Session for legal matters, thence to a Workshop on November 16, 1982, at 7:30 p.m. for Water Rate and Financial Analy- sis, and thence to the next regular meeting on December 6, 1982. Carried 5-0. Norther 15, 1982 C3~?$. ~ O~D~R The meeting was called to order by Chairman Edgar at 4:10 p.m. in the City Council Chambers, 300 Centennial Way, Tustin, California. Agency Members Present: Agency Members Absent: Others Present: 3. APPROVAl. Cfi MI~u'z~3 Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None James G. Rourke, City Attorney Mary E. Wynn, Recording Secretary/City Clerk Mike Brote~uarkle, Community Development Director Roy Gonzales, Personnel Director Bob Ledendecker, Director of Public Works Royleen White, Community Services Director R. Kenneth Fleagle, Consultant Eva Solis, Deputy City Clerk Approximately 20 in the audience It was moved by Hoesterey, seconded by Saltarelli, to approve the minutes of the November 1, 1982, meeting. The motion carried 5-0. 4. SOuTu/CE~rKAL PROJECT A~EA ~ANCIAL ~1~ Council concurred to continue this item to the December 6, 1982, meeting as recommended by the Executive Director. 81 ~r~R BUSINESS - ui~t(.Lb~ DECORATIONS IN DOWNTOWN AREA It was moved by Hoes~erey, seconded by Kennedy, to use Redevelopment funds to help the downtown merchants in decorating the area for the Holiday season as discussed during the Planning Agency meeting. Carried 5-0. (See Page 5 of the November 15, 1982, City Council minutes.) 81 Upon the City Attorney's report that the Executive Director would be arriving shortly from Los Angeles with results of the bid opening, the Redevelopment Agency recessed by unanimous informal consent at 4:13 p.m., and reconvened at 4:25 p.m. The afternoon business being completed and with the absence of the Executive Director, it was then moved by Edgar, seconded by Hoesterey, to adjourn to the 7:30 p.m. meeting at 4:25 p.m. Carried 5-0. 1. C,.XT.T. ~ ORDER ADJOu~m~ R~uuAR ~,,~,~rING TUSTIN RSD~vm.OPMENT ~;KNCY 7:30 p.m. Mayor Edgar called the meeting to order at 7:30 p.m. 2. RO~L (~,T.T. Agency Members Present: Agency Members Absent: Others Present: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None James G. Rourke, City Attorney william A. Huston, Executive Director/City Mgr. Mary E. Wynn, Recording Secretary/City Clerk Ron Nault, Finance Director Approximately 22 in the audience REDEVELOPMENT AGENCY MINUTES Page 2, 11-15-82 AGENDA O~ER 5. ~ESOIZ~TIO~ NO. ~DA 82-12- First Supplemental Resolution of the Tustin Community Redevelopment Agency SUPPLEMENTING AND AMENDING RESOLUTION RDA 82-10 OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE ISSU- ANCE OF $8,500,000 PRINCIPAL AMOUNT OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY TOWN CENTER AREA REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, SERIES 1982 Mr. Huston gave the report on the bids for the Redevelopment Agency bonds. Two bids were received, the first from Merrill Lynch White Weld Capital Markets Group and Associates at 9.7715% interest rate with a 2.0963364% discount rate. The second bid was from Smith Barney Harris Company at 9.95762% interest rate. The only change to the original docu- ment is a 10% redemption feature from the Municipal Bonds Insurance Asso- ciation who agreed to insure the bonds. The low bid is a good rate. The Agency has 25 years left on its life. With the 2.0963364% discount rate, the first 6 years' interest would be at 7.750% and then each year the rate would increase until it reaches 9.750% in 2006, where it would remain at that rate. It was moved by Edgar, seconded by Kennedy, to adopt Resolution No. RDA 82-12. Councilman Greinke said that he still had some legal questions and asked for an Executive Session. Council concurred and Mayor Edgar withdrew his motion with Councilwoman Kennedy's approval. Council recessed to an Executive Session for legal matters at 7:46 p.m. and reconvened at 8:04 p.m. with all members present. It was moved by Edgar, seconded by Greinke, to adopt Resolution No. RDA 82-12. Motion carried 5-0. ~ESOI/~TION NO. ~DA 82-13 - Resolution of the Tustin Cc~amunity Redevelop- ment Agency, ACCEPTING A BID FOR THE PURCHASE OF ITS $8,500,000 PRINCIPAL AMOUNT OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY TOWN CENTER AREA REDEVEL- OPMNENT PROJECT TAX ALLOCATION BONDS, SERIES 1982 It was moved by Hoesterey, seconded by Kennedy, to adopt Resolution No. RDA 82-13. Motion carried 5-0. 8~ By adoption of Resolution No. RDA 82-13, the bid of Merrill Lynch White Weld Capital Markets Group and Associates was accepted in accordance with the terms thereof, and in accordance with and subject to the Bond Resolu- tion, as amended by the First. Supplemental Resolution and the Sale Resolu- tion.' 7. APP~OFAL OF F~AL OFFICIAL ST~s~ENT - TAX ~Tz~CATION B0~DS, 1982 The Official Statement was approved as part of Resolution No. RDA 82-13. 8 · ADJOOiu~MENT By unanimous informal consent, the meeting was adjourned at 8:06 p.m. the next regular meeting on December 6, 1982. MAYOR to