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HomeMy WebLinkAboutCC MINUTES 1978 09 05 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CENTENNIAL AT MAIN September 5, 1978 I. CALL TO ORDER The meeting was called to order at 3:40 P.M. by Mayor Welsh. II. ~"~ROLL CALL Present: Councilmen: Welsh, Sharp, Saltarelli Absent: Councilmen: Schuster, Kennedy Others Present: Dan Blankenship, City Administrator Kennard R. Smart, Jr., Attorney Mary E. Wynn, Deputy City Clerk III. PUBLIC CONCERNS None IV. CONSENT CALENDAR 1. APPROVAL OF MINUTES - August 21, 1978 meeting. 2. APPROVAL OF DEEDS IN AMOUNT OF $140,057.05. RATIFICATION OF PAYROLL IN AMOUNT OF $54,064.48. 3. APPROVAL OF 1978-79 MEMBERSHIP - SANTA ANA RIVER FLOOD PROTECTION (1,100 per year) Approval as recommended by City AdministratOr. 4. REQUEST FOR TREE REMOVAL, 17th and Newport Freeway at Manny's Restaurant. Approval as recommended by Maintenance Superintendent. 5. RSLINQUISHMENT OF ACCESS RIGHTS - LOT 8, TRACT NO. 8603 (Myford Rd.) Approval as recommended by City Engineer. 6. REQUEST FOR 30 DAY EXTENSION - AHFP 907 (Traffic Signal at Newport and Bryan.) Approval as recommended by Ass'tCity Engineer. 7. RESOLUTION NO. 78-94 A Resolution of the City Council of the City of Tustin, California, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE. (Yorba Street AHFP Project No. 929-30). Adoption as recommended by Ass't City Engineer. 8. RESOLUTION NO. 78-98 A Resolution of the City Council of the City of Tustin, California, DESIGNATING PLACEMENT OF CERTAIN STOP SIGNS. (Second and Third at Myrtle.) Adoption as recommended by City Engineer. 9. POLICY ON COUNCIL AGENDA PACKETS. Approval of charges as recommended by City Administrator. 10. AWARD OF BIDS - VEHICLE PURCHASES - APPROVED BUDGETED ITEMS. Approval as recommended by Chief of Police. It was moved by Sharp, seconded by Saltarell~, that the Consent Calendar be adopted as presented. Carried unanimously. Schuster and Kennedy absent. V. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 785 An Ordinance of the City of Tustin, California, AMENDING ORDINANCE NO. 746 RELATIVE TO REQUIREMENTS OF FIRE SECURITY AND ALARM SYSTEMS. Dan Blankenship gave the staff report. Council Minutes 9/5/78, page 2 It was moved by Sharp, seconded by Saltarelli, that Ordinance No. 785 have first reading by title. Carried unanimously. It was moved by Sharp, seconded by Saltarelli, that Ordinance No. 785 be introduced. Mr. Saltarelli was opposed to the wording "acceptable to the Fire Chief." Attorney Smart stated that Attorney Rourke would have a report ready for a future meeting. Mr. Sharp felt that the Ordinance should just be introduced and wait until analysis of the UBC comes out in October to be agendized for passage. Motion carried unanimously. 2. ORDINANCE NO. 786 An Ordinance of the City of Tustin, California, ENDING THE TUSTIN CITY CODE RELATIVE TO TRAFFIC REGULATIONS AND BICYCLE LICENSING. Mr. Sharp said that due to Proposition 13, the Municipal Courts were increasing the fines for traffic and parking violations and were setting a large fine for riding bicycles on the sidewalk. He felt we should find out more on this subject and consider how the public will react to these increased fines before we adopt this Ordinance. Mr. Saltarelli had questions regarding Section 32 of the Ordinance and why skate boards are allowed on the sidewalk when bicycles are not. Mr. Welsh had questiohs about the following sections: Section 3 gives the mayor too much authority; Section 4 not allowing anyone but Police and Fire personnel to direct traffic in an emergency; Section 8 gives too much authority to City Traffic Engineer; Section 15 may be too restrictive; and, Section 21 should be omitted. It was moved by Welsh, seconded by Saltarelli, that this Ordinance be continued until a later date when the concerns of the Council can be addressed. Carried unanimously. VI. ORDINANCES FOR ADOPTION None VII. OLD BUSINESS 1. MASTER PLAN OF COLUMBUS TUSTIN PARK It was moved by Welsh, seconded by Sharp, that this matter be addressed at the 7:30 P.M. meeting. Carried unanimously. VIII. NEW BUSINESS 1. REQUEST TO FILL VACANCY - PERSONNEL AIDE It was moved by Saltarelli, seconded by Sharp, to fill the Personnel Aide vacancy. Carried unanimously. 2. TRAFFIC STUDY AT MAIN AND WILLIANS STREET INTERSECTION It was moved by Saltarelli, seconded by Sharp, that stops be installed on Main Street at Williams Street and that the intersection be kept under observation for future meeting of signal warrants. Carried unanimously. 3. SETTING OF DEBT SERVICE TAX RATE FOR FISCAL YEAR 1978-79. It was moved by Saltarelli, seconded by Sharp, that Ordinance No. 787 have first reading by title. Carried unanimously. Ordinance No. 787 read by title. Council Minutes 9/5/78, Page 3 It was moved by Saltarelli, seconded by Sharp, that Ordinance No. 787 be introduced. Carried unanimously. It was moved by Saltarelli, seconded by Sharp that Ordinance No. 787 have second reading by title. Carried unanimously. Ordinance No. 787 read by title. It was moved by Saltarelli, seconded by Sharp, that Ordinance No. 787 be passed and adopted as an urgency measure. Roll Call Vote: Welsh, Aye; Sharp, Aye; and Saltarelli, Aye. Schuster and Kennedy absent. Resolution 78-95 Dan Blankenship said that Annexation No. 71-B,!Marine Corps Air Station Helicopte~ described in Ordinance No. 682 should be excepted therefrom in Section 4 and Section 6. It was moved by Saltarelli, seconded by Sharp, that Resolution No. 78-95 be read by title with change that Annexation No. 71-B, Marine Corps Air Station Helicopte~ described in Ordinance No. 682 should be excepted therefrom in Section 4 and Section 6. Mr. Saltarelli asked if we have five year call provision in our bonds? Dan Blankenship said that in some of them we have the right to cancel and that he would give a report at the next meeting. Motion carried unanimously. Resolution No. 78-95 read by title. It was moved by Saltarelli, seconded by Sharp, that Resolution No. 78-95 be passed and adopted. Carried unanimously. 4. SIGN CODE EXCEPTION - RED HILL PARK - RED HILL AND VALENCIA It was moved by Saltarelli, seconded by Sharp, that two 1' x 5' business identification signs per business be approved for MacArthur Auto Parts and Postal Instant Press and that the Community Development Director be authorized to grant such signing elsewhere in the center based upon the criteria contained in Sections 3a and 3b of staff report. Mr. Chase stated that the MacArthur Auto Parts store occupies two spaces and the Postal Instant Press paid extra for a corner store so that they could have exposure from Red Hill and Valencia, and they need a sign on each side of the store facing the two streets. He also said that the Temporary Use Permit permitting the present banner sign will expire in the next few days and the sign will be removed. Motion carried unanimously. IX. OTHER BUSINESS CITY ADMINISTRATOR: Dan Blankenship said that as a result of the island annexations, the County has requested that the Council take formal action on the question of bonded indebtedness of the islands and they would like a Minute Order that could be reported to them as to whether the islands will or will not be subject to the bonded indebtedness of the City. The Council had previously indicated that they would waive the bonded indebtedness for those islands but have not taken any formal action. It was moved by Saltarelli, seconded by Sharp, that the island annexations that come into the City under the MORGA Act be specifically exempted from the provisions of bonded indebtedness. Mr. Sharp questioned the reasoning for this exemption. Council Minutes 9-5-78, Page 4 Mr~ Saltarelli explained-that the reasons were: ~1~ These County residents had been assured there would be no increase in their taxes, and 2. SinCe they did not have a vote on the bond issues, they should not be taxed for them. Mr. Chase stated that the new office buildings and other commercial buildings that are already being proposed as a result of these annex- ations will generate much more revenue for the City than this exemption will cost the City. Motion carried unanimously. CITY ATTORNEY: None COUNCILMEN: Mr. Saltarelli was concerned about the Nisson sidewalk report. He felt that this matter should be agendized for a regular meeting. This matter to be discussed at the 7:30 P.M. meeting. Mayor Welsh brought up the continued use of the banner sign for Hartmans. He felt the Council had been cooperative and if the law is good, it is good for everyone. X. ADJOURNMENT It was moved b~ Sharp, seconded by Saltarelli, that the meeting be adjourned to the 7:30 P.M. meeting at 4:35 P.M. Carried. C~TY CLERK REGULAR MEETING TUSTIN CITY COUNCIL September 5, 1978, 7:30 P.M. I. CALL TO ORDER Meeting called to order at 7:38 P.M. by Mayor Welsh. II. ROLL CALL Present: Councilmen: Welsh, Sharp, Saltarelli Absent: Councilmen: Schuster, Kennedy Others Present: James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, Deputy City Clerk III. PRESENTATION Gene Shaw, Manager for Automobile Club of Southern California made a presentation to the City of Tustin of a plaque for "Pedestrian Fatality Free Year, 1977". Tustin also received this presentation in 1977 for the year 1976. Mayor Welsh accepted the award. IV. PUBLIC HEARINGS 1. RESOLUTION NO. 78-96 A Resolution and Order of the City Council of the City of Tustin, California, ORDERING AND DIRECTING DISPOSITION BY SALE OF PROPERTY IN THE CITY OF TUSTIN. (Old City Hall Bldg.) Dan Blankenship gave the staff report. Public hearing opened at 7:43 P.M. There being no comments or objections., the public hearing was closed. Council Minutes 9/5/78, Page 5 It was moved by Saltarelli, seconded by Sharp, that Resolution No. 78-96 be passed and adopted ordering and directing disposition by sale of property in'the City of Tustin. Carried unanimously. 2. RESOLUTION NO. 78-97 A Resolution and Order of the City Council of the City of Tustin, California, ORDERING AND DIRECTING DISPOSITION BY SALE OF PROPERTY IN THE CITY OF TUSTIN. (Mercury Building). Public hearing 9pened at 7:45 p.m. There being no comments or objections, the public hearing was closed. It was moved by Saltarelli, seconded by Sharp, that Resolution No. 78-97 be passed and adopted ordering and directing disposition by sale of property in the City of Tustin. Carried unanimously. 3. APPEAL - GEORGE METSOVAS (Variance 78-4) Brian Chase gave the staff report, asking for a continuance. Mr. Metsovas is working on a revised plan that will comply with City standards and hopefully the Appeal will be dropped. Public hearing opened at 7:48 P.M. There being no comments or objections, the public hearing was closed. It was moved by Sharp, seconded by Saltarell~, that the Appeal of George Metsovas (Variance 78-4) be continued to the next regular meeting of the Council as an open hearing. Motion carried unanimously. It was moved by Sharp, seconded by Saltare]]~, to recess to the Redevelopment Agency regular meeting at 7:49 P.M. Motion carried unanimously. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY September 5, 1978 1. Meeting called to order at 7:49 P.M. by Chairman Welsh 2. Present: Members: Welsh, Sharp, Saltarelli Absent: Members: Kennedy 3. Approval of Minutes It was moved by Sharp, seconded by Saltarel]~, to approve the Minutes of the August 21, 1978 meeting. Carried unanimously. 4. REPORT - AGENCY TAX INCREMENT REVENUE FOR 1978-79 Staff report given by Dan Blankenship. It waS moved by Sharp, seconded by Saltarell~, to receive the report. Public Hearing opened at 7:51 P.M. There being no comments or objections, the public hearing was closed. Motion carried unanimously. 5. It was moved by Sharp, seconded by Saltarel]i, to adjourn the Redevelopment Agency meeting at 7:52 P.M. and hence to the next regularly scheduled Redevelopment Agency meeting. Carried unanimously. /CHAIRMAN y RECORDING SECRETARY Council Minutes 9/5/78, Page 6 MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 7:52 P.M. September 5, 1978 I. PUBLIC CONCERNS 1. Tustin City Bus Jimmy Strawn, 14901 Foxcroft Rd. and Brian Chee, 14891 Foxcroft Rd. presented a petition "To Save Tustin City Bus", signed by 77 resi- dents. They both spoke in favor of keeping the Tustin City Bus. Mr. Blankenship advised the Council that a report regarding the Tustin City Bus and Tustin's status with the Orange County Transit District will be ready for the September 18, 1978 meeting at 7:30 P.M. 2. Sidewalks on Nisson from Red Hill to Browning Speaking in favor of sidewalks along Nisson Rd. from Red Hill Ave. to Browning for their young school children to use in walking to and from school were: Sandra Hillen, 1602 Nisson Rd. Stephanie Sirak, 1714 Nisson Rd. Evelyn Artiles, 1716D Nisson Rd. Diane Zimmerer, 1712C Nisson Rd. It was moved by Welsh, seconded by Saltarelli, that Council agendize the staff's recommendation for construction of sidewalks along Nisson Rd. for the September 18, 1978 meeting. Mr. Sharp asked for some intermediate solution to be included in the report. Motion carried unanimously. 3. ,. Noise Attenuation for Single Family Residences Along the Freeway Richard B. Edgar, 13622 Loretta Dr., was concerned about the incon- sistency of noise attenuation of single family residences along the freeway. He stated that the two story homes along the freeway north of Santa Clara Street have no windows for the second story while the homes along the freeway north of 17th Street have many windows for the second story. Mr. Chase responded that the developer had the option of either no windows or doubled glas'ed windows wi~hadditional insulation ~or the second story. Staff further elaborated on building requirements. II. OLD BUSINESS 1. MASTER PLAN OF COLUMBUS TUSTIN PARK Dan Blankenship presented the staff report. He asked for direction from the Council as to acceptability of concept presented, continuance in drawing up plans and moving ahead with the recreational building. Mr. Saltarelli felt that since 85% of the people around the park are County residents, we should look into having the County develop the park. Mr. Sharp said that since this park could be mutually beneficial to the City of Tustin, the County and the School District, perhaps it should be some sort of joint venture. Mr. Welsh agreed that the different agencies should cooperate. Public Hearing was opened at 8:43 P.M. Richard B. Edgar said that we asked for and got matching County Revenue Sharing money to acquire a good deal of the land in this park and also the County permitted us to take the total population, rather than just the City population, to get the State mandated park money. Council Minutes 9/5/78, page 7 Mr. Blankenship informed the Council that the State has caused some delay in the City receiving some of the money. The County gave $100,000 (matching~basis) for land, some of which has not been received yet. The County has $70,000 which may be allocated to us but which is still in budget discussions. J. Bart Duescer, 14072 Dall, a County resident who was against annexing to the City, spoke in favor of the park in the north part of Tustin, alleging that all of the parks go to the south part of Tustin. He said that if the City would present them with a park, they probably would annex to the City. After further discussion, it was moved by Welsh, seconded by Saltarelli, that the City should communicate with the Orange County Board of Super- visors and the Tustin School Board for the purpose of joining with us in developing a Master Plan Of long term recreation development and a report to be given back to the Council by November 6, 1978. Carried unanimously. III. OTHER BUSINESS None IV. ADJOURNMENT It was moved by Welsh, seconded by Sharp, that the meeting be adjourned at 9:19 P.M. to the next regularly scheduled meeting on September 18, 1978. Carried.