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HomeMy WebLinkAboutCC MINUTES 1979 05 21 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way May 21, 1979 I. CALL TO ORDER The meeting was called to order at 4:04 P.M. by Mayor Pro Tempore Saltarelli. iII, ROLL CALL Present: Councilpersons: Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: Schuster Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Alan Warren, Assistant Planner Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk III. PUBLIC CONCERNS None IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - May 7, 1979. 2. APPROVAL OF DEMANDS in the amount of $100,392.22. RATIFICATION OF PAYROLL in the amount of $57,699.58. 3. EXONERATION AND/OR REDUCTION OF SUBDIVISION BONDS Approval of exoneration of 4 bonds and reduction of 2 bonds as recommended by City Engineer. ~ 4. CLAIM OF DALEN, CLARENCE i Denial as recommended hy City Attorney. 5, CLAIM OF WILSON, JOHN Denial as recommended by City Attorney. 6. EIR NEGATIVE DECLARATION FOR 1978-79 STREET MAINTENANCE PROGRAM Approval of Notice of Exemption as submitted. It was moved by Sharp, seconded by Welsh, to approve the Consent Calendar as submitted. Carried 4-0, Schuster absent. V. ORDINANCES FOR INTRO- 1. ORDINANCE NO. 803 DUCTION An Ordinance of the City Council of the City of Tustin, California, AMENDING SECTIONS 3242 and 3244 OF THE TUSTIN CITY CODE PERTAINING TO THE OPERATION OF BINGO GAMES It was moved by Welsh, seconded by Sharp, that Ordinance No. 803 have first reading by title only. Carried 4-0, Schuster absent. Following the reading of the title of Ordinance No. 803, it was moved by Welsh, seconded by Kennedy, that Ordinance No. 803 be introduced. Carried 4'0, Schuster absent. ORDINANCES FOR 1. ORDINANCE NO. 801 ADOPTION An Ordinance of the City Council of the City of Tustin, California, PRN-ZONING CERTAIN PROPERTY KNOWN AS IRVINE/PETHRS CANYON It was moved by Welsh, seconded by Sharp, that Ordinance No. 801 have second reading by title only. Carried 4-0, Schuster absent. COUNCIL MINUTES Page 2, 5~21-79 Following the reading of the title of Ordinance No. 801, it was moved by Welsh, seconded by Sharp that Ordinance No. 801 be passed and adopted. Roll Call Vote. AYES: Saltarelli, Sharp, Kennedy, Welsh NOES: None ABSENT: Schuster 2. ORDINANCE NO. 802 An Ordinance of the City Council of the City of Tustin, California, AMENDING TITLE 3, CHAPTER 4, PART 2, OF THE TUSTIN CITY CODE REGARDING THE REGULATION OF AMBULANCES It was moved by Welsh, seconded by Kennedy, that Ordinance No. 802 have second reading by title only. Carried 4-0, Schuster absent. Following the reading of the title of Ordinance No. 802, it was moved by Welsh, seconded by Kennedy, that Ordinance No. 802 be passed and adopted. Roll Call Vote: AYES: Saltarelli, Sharp, Kennedy, Welsh NOES:~ None ABSENT: Schuster VII. OLD BUSINESS 1. BUS AGREEMENT WITH XENNEX INDUSTRIES, INC. Dan Blankenship, City Administrator, gave the staff report. Following discussion regarding the hand written changes that were in the copies of the agreement that the Council had, it was moved by Saltarelli, seconded by Kennedy, to continue this item to a regular adjourned meeting on May 29, 1979 at 3:30 P.M., at which time Council would have the revised agreement. Carried 4-0, Schuster absent. 2. WALNUT AVENUE TRAFFIC STUDY BETWEEN BROWNING AVENUE AND JAMBOREE ROAD (Future) The Council concurred to hear this item at the 7:30 P.M. meeting. 3. REPORT REGARDING SALARY INCREASES Council concurred togo into an executive session following the afternoon meeting for discussion of this item. VIII. PUBLIC CONCERN HEALTH STUDIO Mr. Bill Kinney, John S. Griffith Company, developer of the Courtyard, spoke in behalf of Health Studios in Newport Beach. He said that they had intended to speak at the Planning Agency under New Business No. 1 but were not given the opportunity to speak. He commented that the owners Of the Health Studio were under the impression that they had filed for a Use Permit. Due to $160,000 worth of tenant improvements that they would have to do, time was an important factor. Following questioning by the Council, Attorney Rourke responded that the only way that the use they are proposing could be permitted without amending the Zoning Ordinance would be by Resolution 1815 and with the issuing of a Use Permit. Staff was instructed to put the matter on the Planning Agenda in the most IX. expeditious manner. OLD BUSINESS 4. FINALIZATION OF EXECUTION OF MITCHELL AVENUE AGREEMENT It was moved by Kennedy, seconded by Welsh, to authorize the Mayor to execute Agreement D79-042 On behalf of the City, subject to final review and approval by the City Attorney, and to authorize the appropriation of $59,000 in the 1979-80 budget. Carried 4-0, Schuster absent. COUNCIL MINUTES Page 3, 5-21-79 X. NEW BUSINESS 1. SUMMER RECREATION AND AQUATIC PROGRAM AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT It was moved by Saltarelli, seconded by Kennedy, to authorize the Mayor to execute the Summer Recreation and Aquatic Program Agreement with the Tustin Unified School District. Carried 3-0, Schuster absent, Welsh abstaining. 2. FILLING OF VACANCIES IN FINANCE AND POLICE DEPARTMENTS It was moved by Kennedy, seconded by Welsh, to authorize the filling of the vacancies of an Account Clerk in the Finance Department and a Community Service Officer and Police Officer in the Police Department. Carried 4-0, Schuster absent. XI. ADJOURNMENT It was moved by Kennedy, seconded by Welsh, to adjourn at 4:53 P.M. to an executive session rand thence to the 7:30 P.M. meeting. Carried 4-0. ~'" MA~P~O TEMPO~ '' ~_ CITY CLERK MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS May 21, 1979 7:30 P.M. ]I. :CALL TO ORDER The meeting was called to order at 7:35 P.M. by Mayor Pro Tempore Saltarelli. II. ROLL CALL Present: Councilpersons: Saltarelli, Sharp, Kennedy, Welsh Absent: Councilpersons: Schuster Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Alan Warren, Assistant Planner Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk III. PUBLIC HEARINGS 1. APPEAL OF FIRE CODE INTERPRETATION (Big Boy Restaurants of America, 13122 Newport Boulevard) Staff report was given by Alan Warren, Assistant Planner. The Public Hearing was opened at 7:40 P.M. VictOr M. Newlove, 5767 Wilshire Blvd., Los Angeles, Architect for Big Boy Restaurants spoke in opposition to putting in the fire detection system required by the County Fire Department. He said that with their present plans for these restaurants that in more than ~100 of these kitchen units in operation since the system originated ten years ago, they have never had a fire. He explained that in order to bring their building below the 5,000 sq. ft. minimum requiring the fire detection system, they could rede- sign their building with the trash and mechanical areas outside, if necessary. At Robbins, 1001 E. Colorado, Glendale, of Bob's Big Boy Restaurants, also spoke in opposition to this requirement. S. D. Boettcher, Deputy Fire Marshall of Orange County, explained that this was a requirement so that early detection of fires, especially when no one was on the premises, could be accomplished, resulting in much less property COUNCIL MINUTES Page 4, 5~21-79 damage. He said that if the trash and mechanical areas remain under the same roof as the restaurant, the fire detection system is required. The Public Hearing was closed at 7:52 P.M. It was moved by Welsh, seconded by Sharp, that the appeal be denied. Carried 4-0, Schuster absent. It was moved by Sharp, seconded by Welsh, to recess to the Redevelopment Agency at 7:55 P.M. Carried 4-0. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY May 21, 1979 1. The meeting was called to order at 7:55 P.M. by Chairman Saltarelli. 2. Present: Members: Saltarelli, Sharp, Kennedy, Welsh Absent: Members: None 3. Approval of Minutes of May 7, 1979 meeting. It was moved by Welsh, seconded by Sharp, to approve the minutes of the May 7, 1979 meeting. Carried unanimously. 4. EIR NEGATIVE DECLARATION FOR EL CAMINO REAL WATER It was moved by Sharp, seconded by Kennedy;, to approve the EIR Negative Declaration for E1 Camino Real Water Main. Carried unanimously. 5. RESOLUTION NO. RDA 79-4 A Resolution of the Tustin Community Redevelopment Agency of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR PLACEMENT OF CONDUIT AND STRUCTURES FOR UNDERGROUND ELECTRICAL AND TELEPHONE FACILITIES WITHIN THE FIRST STREET UNDERGROUND DISTRICT NO. 4 AND DIRECTING THE SECRETARY TO ADVERTISE FOR BIDS It was moved by Sharp, seconded by Welsh, to pass and adopt Resolution No. RDA 79-4. Carried unanimously. 6. RESOLUTION NO. RDA 79-3 A Resolution of the Tustin Community Redevelopment Agency of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE EL CAMINO REAL WATER MAIN FROM SIXTH STREET TO FIRST STREET AND DIRECTING THE SECRETARY TO ADVERTISE FOR BIDS. It was moved by Sharp, seconded by Welsh, to pass and adopt Resolution No. RDA 79-3. Carried unanimously. 7.It was moved by Sharp, seconded by Welsh, to adjourn aT 8:00 P.M. to the nex~ regular meeting on June 4, 1979. Carried. - I. MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 8:00 P.M., May 21, 1979 PUBLIC CONCERNS PROBLEMS AT CENTENNIAL PARK Frank J. Araiza, 1772 Summerville Ave., asked that Council consider having the park patrolled by someone other than the residents. If legally possible, he suggested that there should be a curfew after dark. Steven M. Leuckl 14801 Briarcliff P1., reported that he had seen motorcycles go into and come ouu of the park on their street an speeds in excess of 40 MEH. He said that it appears to be dope traffic as certain vehicles keep COUNCIL MINUTES Page 5, 5~21-79 coming in the park even between 11 A.M. and 1 P.M. to meet with people. He asked that some action be taken to help this situation. Councilman Saltarelli said that he had become acutely aware of the problem and it is so severe that something must be done. He said that at 1:30 A.M. there are vans in the park. He asked if people using the park could be re- stricted from parking on the cul de sacs. Attorney Rourke responded that you could restrict all parking but not just to certain people. Lt. Crane of the Police Department said that last summer, the most effective approach was the citizen park patrol and that the problem was almost complete- ly eliminated toward the last of the seer. The citizens became bored when they felt that their patrol was no longer needed and it has been difficult to gain their enthusiasm this year. It was moved by Saltarelli, seconded by Welsh, that the following action be taken: 1) Place signs at the Centennial parking lots that would more proper- ly advertise the use of the lots; 2) Staff to bring Counoil a proposal for some type of blocking of the entryways on at least four streets: Briarcliff, Kimberly, Buckingham and Hillsboro; 3) Remove picnic benches for about 30 days while they are being repainted and then when they are put back to dis- burse them throughout the park, primarily around the circle where the lights are and some shade available; 4) Police to provide virtually a full time person in the park for late afternoons, evenings, and at night, and authorize whatever bndgetary expenses are required to do that, for at least the next 45 days and that the Police are no longer to issue warnings but to issue citations for every violation of an Ordinance, including rigid enforcement of the curfew; 5) Staff to contact Tustin Meadows Homeowners Association for feed back on a long term solution to the problem; and 6) Staff to direct a letter to the Con~anding Officer of the Marine Corps Air Station in Tustin advising them that motor vehicles and alcoholic beverages are not permitted in Centennial Park and those who are apprehended are going to be arrested. Council concurred that if this problem moves to another parkin town, the same action will be taken for that park. Motion carried 4-0, Schuster absent. UNDERGROUNDING UTILITIES AT PACKER SQUARE Richard B. Edgar, 13622 Loretta Drive, asked if the utility poles within the Packers Square development and northerly of the Galaxy apartments would be undergrounded. Bob Ledendecker responded that he thought the poles would remain in place at the apartments and back of the shopping center but a field review will be made to confirm. ALIGNMENT OF JAMBOREE ROAD Peer Swan, 14351 Morning Glory, introduced the members of the Board of the Laurelwood Homeowners Association and stated that they were present because of their concern on the subject of the alignment of Jamboree Road and re- quested that this matter be agendized for the next meeting. Bob Ledendecker, City Engineer, was not sure he could have the report for the next meeting. It was moved by Kennedy, seconded by Saltarelli, to agendize the alignment of Jamboree Rd. for the June 18, 1979 meeting. Carried 4-0, Schuster absent. II. OLD BUSINESS 2. WALNUT AVENUE TRAFFIC STUDY BETWEEN BROWNING AVENUE AND JAMBOREE ROAD Staff report was given by Bob Ledendecker, City Engineer. Ron Hoesterey, 2251 Caper Tree, president of Peppertree Homeowners Association, had 120 additional signatures for the petition he presented at the last meeting, with the majority being from the Laurelwood tract. He noted some accidents that COUNCIL MINUTES Page 6, 5-21-79 were not reported to Police. He proposed a 4 way stop at Cherrywood, crossing guard during school hours~ and having an educational program at the elementary school to have children riding bicycles to cross at the crossing guard and to ride with the traffic. William Watts, 1091 Charwood, Administrator at Nelson school, supported Mr. Hoesterey's recommendation but suggested that stripes be painted along either side of the road to allow bicycles freedom to travel rather than having cars driving in four lanes. Since school will be out in about 3 weeks, Councilman Saltarelli suggested that we wait until school is out to put in the stop signs because he feared for the lives of the children in the event drivers would run the stop signs because they were not aware that they had been installed. Mr. Watts urged the installation as soon as possible and volunteered to be a crossing guard if need be. Gary Ryan, Laurelwood resident, and in behalf of the Laurelwood Association, said that they support the Peppertree position and urged that stop signs be put in and that a crossing guard be provided. It was moved by Kennedy, seconded by Welsh, to i~stall 4 way Stop signs at the intersection of Walnut Avenue and Cherrywood St. as soon as possible for a 6 month period and that a crossing guard be provided. Volunteer crossing guards, temporary flashing lights, and bots dots to alert drivers something is ahead were suggested as possible solutions. Dan Blankenship, CityAdministrator, Suggested that the resolution to install these stop signs could be acted upon at an adjourned meeting on May 29th at 3:30 P.M. Councilwoman Kennedy asked that staff look into street striping for bicycles. Councilman Saltarelli said that he was not opposed to the stop signs but he was opposed to putting them in before school is out. ~ Motion carried 3-1, Schuster absent, Saltarelli opposed. 3. REPORT REGARDING SALARY INCREASES It was moved byWelsh, seconded by Saltarelli, to direct staff to prepare a budget reflecting the cost of living, then to include within that budget the increase for staff to the projected July 1st median and to present it to us within the budget at appropriate budget time. Carried 4-0, Schuster absent. III. NEW BUSINESS 3. PRESENTATION OF 1979-80 PRELIMINARY BUDGET Dan Blankenship, City Administrator, gave the staff report on the preliminary budget. Copies have been given to the press and the League of Women Voters. Copies are available for review at the City Clerk's office and the Library. Council concurred to have two workshops for the budget. The first workshop to be following the adjourned meeting for hearing the BUS Agreement and the Resolution on the stop signs at Walnut Ave. and Cherrywood at 3:30 P.M. on May 29, 1979 and the second workshop to be at 3:3D P.M. on May 31, 1979. IV. OTHER BUSINESS HIRING COMMUNITY DEVELOPMENT DIRECTOR Dan Blankenship, City Administrator, reported that the closing date for appli- cations for the Community Development Director had passed and he asked Council if they now wished to appoint the two Councilpersons to be on the interviewing board. Council Concurred that Councilmen Welsh and Sharp should serve in this capacity. COUNCIL MINUTES Page 7, 5-21-79 TRANSPORTATION COMMISSION ACTION DUn Blankenship, City Administrator, informed Council that the Orange County Transportation Commission is recon~nending only one of our projects, the Santa Ana Freeway and Costa Mesa Freeway interchange construction, be funded. Cal Trans does not have this on their list. He asked for approval to correspond supporting the Orange County Transportation Commission plUn which supports our project. Councilman Saltarelli said that he would contact the League's Transportation Commission appointee, requesting that he address this concern to Cal Trans. REGIONAL CRIMINAL JUSTICE TRAINING CENTER Dan Blankenship, City Administrator, pointed out that the Orange County DiVi- sion of the League meeting will be June 14th, at which time they will be dis- cussing a resolution regarding the proposed Regional Criminal Justice Training Center at Golden West Community College. The college is providing the land and they are attempting to get grant money to construct the facility. Chief Thayer is in support of this training facility. Council concurred that we should cast an affirmative vote in support of this. ACTIVITIES FOR YOUNG PEOPLE CoUncilman Sharp suggested that we consider some kind of activities to keep our young people involved in well managed programs rather than the type of activities that have been going on in Centennial park. DOn Biery was asked togive some ideas about activities at the next Council meeting. RESIGNATION AS JOINT CHAIRMAN OF SANITATION DISTRICT Councilman Saltarelli announced at the last meeting of the Sanitation District that he would not be a candidate for reelection for Joint Chairman, effective July 1st. He suggested that Council consider replacing him by then. OPPOSITION TO SENATE BILL 888 Councilman Welsh asked that Council consid~r~ opposing compulsory and binding arbitration as approved by SB 888. It contains a triple disclaimer of any reimbursement obligations to the cities. In effect, it says that City employees cannot strike. Compulsory arbitration is required and the City therefore will pay for it. He asked that Council go on record to correspond with the appropriate committee indicating support for a complete public hearing on this matter. CoUncil concurred. SUPPORT FOR ASSEMBLY BILL 859 Councilman Welsh requested support for Assembly Bill 859 which states that if the School District decides they no longer need the schools, they must first sell those lands to a public agency at a maximum limitation of sale or on lease payments. Council concurred their support. SUPPORT OF ASSEMBLY BILL 772 Councilman Welsh asked for support of Assembly Bill 772 which basically gives local jurisdiction the right to determine what is a historical monument and what isn't. Council concurred. ~.~V. ADJOURNMENT It was moved by Kennedy, seconded by Welsh, to adjourn at 9:40 P.M. to a regu- lar adjourned meeting on May 29, 1979 at 3:30 P.M. to consider a Resolution on stop signs at Walnut Avenue and Cherrywood Street, and the Bus Agreement with Xennex Industries, Inc., followed by a Budget Workshop. Carried.