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HomeMy WebLinkAboutCC MINUTES 1981 04 06 MINUTES OF A REGULAR MEETING OFTHE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way April 6, 1981 CALL TO ORDER ~e meeting was called to order by Mayor Saltarelli at 7:31 p.m. ROLL CALL Councilpersons Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Co~cilpersons Absent: None Others Present: Thomas L. Woodruff, Ass't City Attorney Dan Blankenship, City A~inistrator Mary E. Wynn, City Clerk Bob Ledendecker, City Engineer ~ry ~n ChaSerlain, Associate Planner Ed Knight, Associate Planner George Reid, Building Official Alan Warren, Senior Planner Ken Fleagle, Com. Development Consultant Roy Gonzales, Personnel Director Royleen ~ite, Co~unity Services Director Ronald Nault, Finance Director Captain Williams, Police Department Approximately 50 in the audience III. REORGA- NIZATION SELECTION OF MAYOR AND MAYOR PRO TEMPORE Nominations were opened for Mayor for a one year tem. Councilman Sharp was nominated for Mayor by Councilman Edgar. Nominations were closed and Co~cil~n Sha~ was unan~ous~ elected Mayor. Nominations'were opened for Mayor Pro Tempore for a one year term. Co~cilman Hoesterey was nominated by Councilwoman Kennedy. Nomina- tions were closed and Co~cilmn Hoesterey was unan~ously elected Mayor Pro Tempore. The City Clerk a~inistered ~e Oath of Office to Mayor Sharp and Mayor Pro Tempore Hoesterey. 38 PROCLAMATIONS ~yor Sharp read ~d presented Proclamations for "California Women in ChaSer of Co~erce" and "Salute to Youth in Vol~teer Services" to ~rgarete Thompson. 84 V. RECESS It was moved b~ Kennedy, seconded by Edgar, to recess to the Plan- ning Agency meeting at 7:45 P.M. Carried 5-0. MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 9:15 P.M. April 6, 1981 VI. NEW ' BUSINESS 14. RESOLUTION NO. 81-39 A Resolution of the City Co~cil of the City of Tustin, CERTIFY- ING D~FT ~CUSED EIR 81-1 PLUS MNDETS FOR USE PETIT 80-25 (SILICON SYSTEMS INC.) AS FIN~ FOCUS~ EIR 81-1 It was moved by Edgar, seconded by Kennedy, to accept the Plan- ning Agency's reco~endation and certify EIR 81-1 by adoption of Resolution No. 81-40. Co~cilwoman Kennedy verified that all measures of concem are going to be ~de a part of the final EIR. Motion carried 5-0. 81 City Council Minutes Page 2, 4-6-81 VII. RECESS It was moved by Edgar, seconded by Hoesterey, to recess to the Planning Agency at 9:17 P.M. Carried 5-0. MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 9:52 P.M. April 6, 1981 VIII. PRE- SENTATION Mayor Sharp presented a plaque to Councilman Saltarelli for his service as Mayor for the past year. 38 IX. RECESS It was moved by Kennedy, seconded by Edgar, to recess to the Redevelopment Agency at 10:00 P.M. Carried 5-0. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY April 6, 1981 1. The meeting was called to order by Chairman Sharp at 10:00 P.M. 2. Members Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Members Absent: None 3. APPROVAL OF MINUTES - March 16, 1981. It was moved by Edgar, seconded by HoestereT, to approve the minutes of the March 16, 1981 meeting. Carried 5-0. 4. It was moved b~ Hoesterey, seconded b~ Edgar, to adjourn at 10:01 P.M. to the City Council meeting. Carried 5-0. MI~u'rzS OF ~dSTIN CITY COUNCIL RECOMvm~ED AT 10:01 P.M. April 6, 1981 X. PUBLIC CONCERNS None XI. CONSENT CALENDAR 1. APPROVAL OF MINUTES - March 16, 1981. 2. APPROVAL OF DEMANDS in the amount of $517,456.49. RATIFICATION OF PAYROLL in the amount of $184,443.90. 3. DENIAL OF CLAIM OF LESTER NORTON, CLAIM NO. 81--4, DATE OF LOSS: 11-23-80 Denial of Claim of Lester Norton as recommended by the City Attorney. 40 4. DENIAL OFCLAIM OF HARRY M. SOCKWELL, JR., CLAIM NO. 81-1, DATE OF LOSS: 11-16-80 Denial of Claim of Harry M. Stockwell, Jr. as recommended by the City Attorney. 40 City Council Minutes Page 3, 4-6-81 5. RESOLUTION NO. 81-20 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT NO. 11389 (14742 Plaza Drive) Adoption Of Resolution No. 81-20 as recommended by the Community Development Department. 99 ! : 6. RESOLOTION NO. 81-34 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT 11477 (E side of Holt Ave., 944' N of Irvine Blvd.) Adoption of Resolution No. 81-34 as reconunended by the Community Development Department. 99 7. RESOLUTION RNO. 81--35 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT 11291 (N side of Warner Ave., 387' W of Red Hill Ave) Adoption of Resolution NO. 81-35 as recommended by the Community Development Department. 99 8. RESOLOTION NO. 81-36 A Resolution of the City Council of the City of Tustin AUTHORIZING CITY SUPPORT OF SENATE BILL 65 WHICH WOULD EXEMPT EMERGENCY VEHICLES FROM CURRENT STATE EMISSION STAN- DARDS Adoption of Resolution No. 81-36 as recommended by the ~.m Administration Department. 61 9. RESOLUTION NO. 81--38 A Resolution of the City Council of the City of Tustin, RECOMMENDING APPROVAL OF TRACT NO. 10707 (S side of Bell Ave., 770' W of Red Hill Avenue) Adoption of Resolution No. 81-38 as recommended by the Community Development Department. 99 10. RESOLUTION NO. 81--41 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR ELECTRIC AND TELEPHONE UTILITY SERVICE CONVERSIONS WITHIN THE EL CAMINO REAL UNDERGROUND UTILITY DISTRICT NO. 5 AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adoption of Resolution No. 81-41 as recommended by the City Engineer. 104 Item 6 was removed from the Consent Calendar by Councilman Saltarelli and no further action was taken on it this date. It was moved by Saltarelli, seconded by Kennedy, to approve the Consent Calendar with the exception of Item 6. Carried 5-0. XII. OLD BUSINESS 1. RESOLUTION NO. 81-26 A Resolution of the City Council of the City of Tustin, SUPPORTING AB-591, ADOPTION BY THE STATE OF CALIFORNIA OF THE ICBO PLUMBING CODE City Council Minutes Page 4, 4-6-81 John F. McKenna, Jr., a representative of International Asso- ciation of Plumbing and Mechanical Officials (IAPMO), asked the Council to refrain from passing this resolution. He said that IAPM0 publishes the Uniform Plumbing Code and in the past has worked in harmony with the International Conference of Building Officials (ICB0). ICBO is trying to have IAPMO eliminated. Contractors are familiar with this code which is published by IAPM0. He said there were things in this resolution that were not true and he asked that the Council at least table it until IAPM0 could submit more adhesive material. Councilman Saltarelli was of the same opinion and said that all the people that he talked to advised supporting IAPMO. It was moved by Kennedy, seconded by Edgar, that no action be taken on this matter. Carried 5-0. 30 XIII. NEW BUSINESS 1. VOTING MEMBERSHIP ON ORANGE COUNTY SENIOR CITIZENS ADVISORY COUNCIL It was moved by Saltarelli, seconded b7 Edgar, to direct staff to prepare a letter to the Orange County Division, League of Cities, recommending Ruby May as a voting member to the Orange County Senior Citizens Advisory Council and to authorize the Mayor to sign the letter. Carried 5-0. 28 41 2. RECREATION FEES It was moved by Saltarelli, seconded by Edgar, to adopt Coun- cil Policy No. 4-05 entitled "Recreation Fees." Carried 5-0. 41 3. WATER FRANCHISE FEES Because he wanted more time to research this matter, it was moved b~ Saltarelli, seconded by Edgar, to continue this to the April 20, 1981 meeting. Carried 5-0. 107 4. REVIEW OF NOISE ORDINANCE MODIFICATIONS Alan Warren, Senior Planner, reported that the Orange County Public Health Department had recommended the modifications to our Noise Ordinance. This ordinance was agendized for Coun- cil review and will be on the agenda for April 20, 1981 for introduction. 5. CALIFORNIA PARKLANDS ACT OF 1980 (PROPOSITION 1) It was moved by Saltarelli, seconded by Kennedy, to apply for California Parklands Act of 1980 funding in September of this year with the intention of receiving the funds in the 1982/83 budget. Carried 5-0. 41 6. RESOLUTION NO. 81--33 A Resolution of the City Council of the City of Tustin, AMENDING THE HANDBOOK OF GUIDELINES FOR PLANNING, ZONING AND DEVELOPMENT FOR HISTORIC SITES AND BUILDINGS It was moved by Saltarelli, seconded by Kennedy, to adopt Resolution No. 81-33. Carried 5-0. 81 7. SIGN CODE EXCEPTION (1412 Nisson Road) Alan Warren, Senior Planner, reported that the sign at sub- ject location was installed previous to applying for a Sign Permit. In reviewing this, staff felt it could fall within City Council Minutes Page 5, 4-6-81 sign code exceptions. The owners have requested that the monument sign and the wall sign be allowed. It was moved by Kennedy, seconded by Edpa~, to approve the monument sign but the wall sign is to be removed. A substitute motion was made by Saltarelli, seconded by Moesterey, to grant the applicant's request for the monument sign and the wall sign. Carried 4'1, Kennedy opposed. 93 8- RESOLUTION NO. 81-37 A Resolution of the City Council of the City of Tustin, California, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM It was moved by Edgar, seconded by Hoesterey, to adopt Reso- lution No. 81-37 and authorize staff to designate Peppertree Park Improvements as the project. Carried 5-0. 41 9, REQUESTS TO FILL PERSONNEL VACANCIES OF RECREATION COORDINA- TOR, RECORDS CLERK AND EQUIPMENT MECHANIC It Was moved by Saltarelli, seconded by Kennedy, to authorize filling the vacant positions of Recreation Coordinator, Records Clerk and Equipment Mechanic. Carried 5-0. 79 10. POSITION VACANCY -ADMINISTRATIVE ASSISTANT It was moved by Hoestere~, seconded by Edgar, to authorize the coordination of the recruitment for an Administrative Assistant to parallel the selection process of a new City Manager/Administrator with the certification of an eligibil- ity list after arrival of the new Manager. Councilwoman Kennedy was in favor of postponing recruitment until the new City Manager starts his position. Motion carried 4-1, Kennedy opposed. 79 11. REQUEST FOR TREE REMOVAL AT OXFORD AVE AND WALNUT AVENUE It was moved by Saltarelli, seconded by Hoestere~, to grant Mr. Moroney's request to remove the trees at the City's ex- pense and that the trees be replaced by two City approved trees that are more suited to this location. Carried 5-0. 86 12, PETITION TO RELOCATE SIDEWALK ON GREEN VALLEY DRIVE It was moved by Saltarelli, seconded by Kennedy, to deny the request for sidewalk relocation on Green Valley Drive and direct staff to poll each property owner by letter as to whether they would be desirous of a 1911 Assessment District proceeding to accomplish said sidewalk relocation. Carried 5-0. 92 13. SUBDIVISION MAP ORDINANCE This item was agendized for Council review and will be agen- dized for introduction at the May 4, 1981 meeting. 14, RESOLUTION NO. 81-39 (Action recorded on Page 1 of these Minutes) City Council Minutes Page 6, 4-6-81 15. RESOLUTION N0. 81-40 A Resolution of the City Council of the City of Tustin AUTHO- RIZING PUBLICATION OF NOTICES FOR PUBLIC HEARINGS ON PROPOSED COOPERATION AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE ORANGE COUNTY HOUSING AUTHORITY It was moved by Kennedy, seconded by Edgar, to adopt Resolu- tion No. 81-40. Carried 5-0. 45 67 16. PEOPOSED HOME VIDEO STORE - MR. AND MRS. LARRY PETERSEN Larry L. Petersen, 1101 Hyde Park Dr., Santa Ana, CA, appli- cant, reported that there are over 25 Home Video Stores in Los Angeles and Orange County and that successful owners handle adult material in a very refined manner. In order to compete, he plans to have a large store to accommodate the whole family and to insure a nuisance is not created by seeing that adult movies will not be displayed or advertised, not accessible except to employees and only purchased by persons 21 years or older. Councilwoman Kennedy asked if this was considered legally different from the sale of magazines that are considered sexually explicit. Tom Woodruff, Ass't Attorney, explained that Playboy and other magazines that are sold on newstands in the City had been ruled to not be obscene. It was moved by Hoestere~, seconded by Edgar, to deny the request to amend our ordinance to allow a Home Video Store. Attorney Woodruff explained that the sale of lewd or obscene films is prohibited by State law and by our ordinance. Frederick H. Franz, Attorney for Mr. Petersen, said that he had done porno prosecutions in Los Angeles and these films are not lewd or obscene. He said that if a Court has held they are obscene you can not show them. A substitute motion was made b~ Kennedy, seconded b~ Saltarelli, to continue this to the next meeting in order to investigate the Irvine store. Substitue motion failed 2-3, Hoesterey, Sharp, and Edgar opposed. Attorney Woodruff said that Attorney Franz indicates no one has ruled these are lewd films but Mr. Petersen in his request for a license said they are lewd films. The original motion to den~ this carried 4-1, Kennedy opposed. 31 XIV. OTHER BUSINESS 1. LETTER OF COMMENDATION TO THE CITY OF BREA It was moved by Edgar, seconded by Saltarelli, to send a letter of commendation to the City of Brea upon the comple- tion of their new Council Chambers. Carried 5-0. 38 2. PROPOSED DOME HOUSE ON SECOND STREET Councilwoman Kennedy said that she was still getting com- plaints about the proposed Dome house to be constructed on Second Street. City Council Meeting Page 7, 4-6-81 Council concurred to have the City Attorney research as soon as possible ways that this type of house can be denied on R-1 property and staff agendize for the April 20, 1981 meeting. 81 3. EXECUTIVE SESSION FOR PERSONNEL MATTERS Councilman Saltarelli asked for an executive session for per- sonnel matters and Council concurred. XV. RECESS It was moved by Saltarelli, seconded by Edgar, to recess at 11:17 P.M. to an Executive Session for Personnel matters. Carried 5-0. MINUTES OF TUSTIN CITY COUNCIL ]RECONVENED AT 11:43 P.M. April 6, 1981 OTHER BUSINESS 4. CITY MANAGER ORDINANCE AND CONSULTANT FOR HIRING It was moved by Hoestere~, seconded by Edgar, to direct the City Attorney to draft an ordinance for City Manager and to hire the consultant firm of Ralph Anderson and Associates for recruitment of a City Manager. Carried 5-0. 35 XVII. 45 ADJOURNMENT It was moved by Hoesterey, seconded by Edgar, to adjourn at 11:45 P.M. to the next regular meeting on April 20, 1981. Carried.