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HomeMy WebLinkAboutCC MINUTES 1978 06 19 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL CENTENNIAL AT MAIN June 19, 1978 CALL TO ORDER Meeting called to order by Mayor Welsh at 4:00 p.m. II. ROLL CALL Present: Councilmen: Welsh, Schuster, Sharp, Kennedy, Saltarelli. Absent: Councilmen: None Others Present: Dan Blankenship, City Administrator Brian Chase, Community Development Director James G. Rourke, City Attorney Alan Burns, Asst. City Attorney Ruth C. Poe, City Clerk III. PUBLIC HEARINGS Moved by Kennedy, Seconded by Schuster that Public Hearings be heard at 7:30 p.m. meeting as noticed. Carried. IV. PUBLIC CONCERNS None V. CONSENT CALENDAR 1. APPROVAL OF MINUTES - June 5, 1978 meeting. 2. APPROVAL OF DEMANDS in amount of $147,886.51 RATIFICATION OF PAYROLL in amount of $55,902.42 3. AUTHORIZATION TO GRANT A QUITCLAIM DEED Grant of Deed to S.A.V.I. easement at 17602 Sherbrook as recommended by City Engineer. 4. RESOLUTION NO. 78-73 A Resolution of the City Council of the City of Tustin, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION. Adoption as recommended by City Engineer. 5. RESOLUTION NO. 78-74 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP 78-110 Adoption as recommended by Community Dev. Director. 6. ANIMAL CONTROL SERVICES AGREEMENT WITH COUNTY OF ORANGE Authorization for Mayor and City Clerk to execute agreement for period July 1, 1978 - June 30, 1979 as recommended by Ci~Administrator, 7. RESOLUTION NO. 78-76 A Resolution of the City COuncil of the City of Tustin DECLARING ITS INTENTION TO VACATE AND SELL A PORTION OF NEWPORT AVENUE AND FIXING A TIME AND PLACE FOR PUBLIC HEARING THEREON. Adoption as recommended by Planning Agency. Moved by Sharp, seconded by Saltarelli that all items of Consent Calendar with exception of item No. 7 be approved as recommended. Carried. VI. ORDINANCES FOR 1. ORDINANCE NO. 773 ADOPTION An Ordinance of the City of Tustin, California, AMENDING CHAPTER 3 OF ARTICLE 9 OF THE TUSTIN CITY CODE PERTAINING TO SUBDIVISIONS. Council Minutes 6/19/78, page two In answer to Mrs. Kennedy, Dr. Fleagte explained the statement in Code that Final Map must be approved if in conformance with the tentative map and that this is in conformance with the State Subdivision Act. Mr. Sharp stated that it is incumbent upon the City to be careful in review of tentative map. Moved by Schuster, seconded by Sharp that Ordinance No. 773 have second reading by title. Carried. Moved by Schuster, seconded by Sharp that Ordinance No. 773 be passed and adopted. Carried by roll call. Ayes: Welsh, Schuster, Sharp, Saltarelli, Kennedy. Noes: None. Absent: None. 2. ORDINANCE NO. 774 An Ordinance of the City Council of the City of,Tustin, California, AMENDING TUSTIN CITY CODE TO PROVIDE FOR PARKING FOR HANDICAPPED PERSONS. Moved by Kennedy, seconded by Schuster that Ordinance No. 774 have second reading by title only. Carried unanimously. Moved by Sharp, seconded by Schuster that Ordinance No. 774 be passed and adopted. Carried by roll call. Ayes: Welsh, Schuster, Sharp, Saltarelli, Kennedy. Noes~ None. Absent: None. Mr. Chase stated that Ordinances for adoption 3 through 8 Sections 1-e should be changed to read "have been granted categorical exemptions" rather than "insignificant environmental impact". All corrections noted and included. 3. ORDINANCE NO. 778 An Ordinance of the City of Tustin, California, PREZONING CERTAIN PROPERTY TO THE CITY OF TUSTIN R-3-2000 FROM ORANGE COUNTY R-4 KNOWN AS PREZONE 78-4 (Nisson & "B" St.) Moved by Sharp, seconded by Saltarelli that Ordinance No. 778 have second reading by title. Carried unanimously. Moved by Saltarelli, seconded by Schuster that Ordinance No. 778 be passed and adopted. Carried by roll call. Ayes: Schuster, Sharp, Saltarelli. Noes: Kennedy. Abstained: Welsh. Absent: None. 4. ORDINANCE NO. 779 An Ordinance of the City Of Tustin, California PREZONING CERTAIN PROPERTY TO THE CITY OF TUSTIN MHP (MOBILE HOME) (15601 "B" St. ) Moved by Saltarelli, seconded by Kennedy that Ordinance No. 779 have second reading by title. Carried unanimously. Moved by Kennedy,seconded by Schuster that Ordinance No. 779 be passed and adopted. Carried by roll call. Ayes: Welsh, Schuster, Sharp, Saltrelli, Kennedy. Noes: None. Absent: None. 5. ORDINANCE NO. 780 An Ordinance of the City of Tustin, CAlifornia, PREZONING CERTAIN PROPERTY TO THE CITY OF TUSTIN PD DISTRICT FROM ORANGE COUNTY R-4 DISTRICT KNOWN AS PREZONE 78-6 ("B" St. near McFadden) Moved by Schuster, seconded by Sharp that Ordinance No. 780 have second reading by title. Carried unanimously. Moved by Schuster, seconded by Sharp that Ordinance No. 780 be passed and adopted. Carried by roll call. Ayes: Welsh, Schuster, Sharp, Saltarelli, Kennedy. Noes: None. Absent: None. Council Minutes 6/19/78, page three 6. ORDINANCE NO. 781 An Ordinance of the City of Tustin, California, PREZONING CERTAIN PROPERTY TO THE CITY OF TUSTIN R-2 FROM ORANGE COUNTY R-4 KNOWN AS PREZONE 78-13. (Yolinda Way and Ren Circle off of Browning) Moved by Saltarelli, seconded by Schuster that Ordinance No. 781 have second reading by title. Carried unanimously. Moved by Schuster, seconded by Sharp that Ordinance No. 781 be passed and adopted. Carried by roll call. Ayes: Welsh, Schuster, Sharp, Saltarelli, Kennedy. Noes: None. Absent: None. VII. ORDINANCE FOR INTRODUCTION 1. ORDINANCE NO. 784 An Ordinance of the City Council of the City of Tustin, AMENDING THE TUSTIN CITY CODE RELATIVE TO ADVERTISING ON BENCHES AND SEATS IN PUBLIC STREETS AND RIGHTS-OF-WAY. Moved by Saltarelli, seconded by Schuster that Ordinance No. 784 have first reading by title. Carried unanimously. Moved by Sharp, seconded by Schuster that Ordinance No. 784 be introduced. Carried. 2. ORDINANCE NO. 777 An Ordinance of the City Council of the City of Tustin, California, GRANTING TO TUSTIN WATER WORKS, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TUSTIN. Moved by Kennedy, seconded by Schuster that this matter be continued to the evening meeting. Carried. VIII. OLD BUSINESS 1. MODIFICATIONS TO SMITH HOUSE Moved by Welsh, seconded by Kennedy that this matter be continued to 7:30 p.m. meeting. Carried. Moved b~F Kennedy, seconded by Welsh that all items under Old Business be continued to 7:30 meeting. Carried. IX. NEW BUSINESS 1. CONSENT FOR WAIVER OF FEES FOR SENIOR CITIZEN HOUSING PROJECT (Sixth St. ) Report presented by Mr. Chase. Mr. Rourke stated he saw no way Council could waive fees even if they so desired. Moved by Sharp, seconded by Kennedy that Council make all building services self funding and this request for waiver of fees be denied. Carried. 2. BOARD OF APPEALS MEMBERSHIP. Moved by Saltarelli, seconded by Schuster that applications be accepted to fill the two vacancies. Carried. 3. FEE SCHEDULES. Moved by Welsh, seconded by Kennedy that this matter be continued to 7:30 p.m. meeting. Carried. Council Minutes 6/19/78. page four OTHER BUSINESS 1. PADS - Accounting Services Mr. Blankenship reported on need for these services by PADS stating that the City would be reimbursed for all costs and recommended that City supply these services. Moved by Welsh, seconded by Sharp that staff recommendation be approved recognizing that Council will be receiving a cost accounting and that this in no way violates freeze ~,on hiring employees. Carried. Mrs. Kennedy voting no. 2. MOULTON PARKWAY EXTENSION Report presented by Mr. Blankenship with recommendation that Dr/~ Fleagel could be responsible for the EIR. Moved by Saltarelli, seconded by Sharp to proceed with EIR and cost agreements. Carried. 3. AB 1874 Councilman Saltarelli stated he had telephoned committee on this bill and that the bill had been defeated and MORGA would remain in effect for the three year period originally called for. 4. CRIME REPORT CHARGES Report received from Chief Thayer. Mrs. Kennedy suggested that one free copy be given to victim. Mr. Sharp recommended that everyone pay for special uses and services - Council concurred. 5. AIR BASE NAME CHANGE Mr. Schuster stated he had approached Supervisor Riley as to probability of change in name from Santa Ana to Tustin including willingness to pay some costs, particularly a change in sign. Council discussed name change and all costs and those costs of changing sign at entrance and the suggestion to work politically through our Congressmen and Senators. It was the concensus of the Council to proceed with getting change of sign and keeping Supervisor Riley abreast of all actions. XI. ADJOURN- MENT Moved by Sharp, seconded by Schuster that meeting adjourn to a personnel session and thence to evening meeting at 7:30 p.m. Carried. MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CENTENNIAL AT MAIN June 19, 1978 7:30 P.M. CALL TO ORDER Meeting called to order at 7:30 p.m. by Mayor Welsh. ROLL CALL Present: Councilmen: Welsh, Schuster, Sharp, Kennedy, Saltarelli. Absent: Councilmen: None Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Ruth C. Poe, City Clerk III. PUBLIC HEARINGS t. ZC 78-3 TUSTIN CENTER - SOUTHEASTERLY CORNER OF SECOND AND "C" STREETS. Report presented by Mr. Chase. Hearing opened at 7:32 p.m. There being no one present with comments or objections the hearing was declared closed. Moved by Saltarelli, seconded by Sharp that the Council uphold the findings of the Planning Agency as contained in Resolution No. 1755 and direct the City Attorney to prepare an Ordinance approving ZC 78-3. Carried. 2. CONSIDERATION OF 1978-79 CITY BUDGET Hearing opened at 7:35 p.m. Mr. Richard Edgar requested further details on items approved and urged fee structures in recreational program incorporate 50% differential between City and County. Report received from Mr. Blankenship with recommendations for most reasonable cuts least impacting to the City's operations and goals and Mr. Biery's recommendations for Recreation fees. Mayor Welsh reviewed tentative additional revenues and deletions approved in Work Shops. Adoption of Transit Occupancy Tax $40,000 Adding parking enforcement 25,000 Increase in construction permits 20,000 Increase in permits, service and ball charges 25,000 Increase in Interest anticipated over previous budget estimate 20,000 Recognize a reserve of 12% tax rate reduction fund 68,000 Utilize excess General Fund buildup 145,000 Recognize utilization of fund balance of 57,000 Eliminate fire hydrant rental 9,5000 Eliminate duplication for Police Dept. and non- departmental 12,000 Delete a census 32,000 Deletion of Mercury building and selling therof 75,000 ~5- Council Minutes 6/19/78, page six Delete Irvine Street lighting project 25,000 Delete from Chamber of Commerce 1,500 Deletion of one police vehicle 11,618 Deletion of Police Dept. overtime 10,000 Delete Police Department reorganization 47,000 Delete management merit pay 10,000 Delete Police computer study 10,000 Council then discussed the following Policy questions as submitted by staff: 1. RECREATION RENTAL AND PROGRAM FEES Moved by Saltarelli, seconded by Kennedy that Community Center be rented to City residents only or organizations of which 50% of the membership is City residents. Council discussed cost effectiveness of facility rentals as presented by Mr. Biery and giving priority to City residents through advance scheduling. Subs~i~ute motion moved by Welsh, seconded by Kennedy City residents have no time limit for reservations, non-residents be restricted to 3 month limit and fees be increased 50% aS~recommended by Mr. Biery. Motion carried - Mr. Saltarelli voting no. Council discussed fee differentials for classes etc. Moved by Sharp, seconded by Kennedy that City residents be given extensi~ of time for registration and there be a cost difference between City and County of 50% with these fees non-refundable. Carried. Council discussed the fact that some services such as building maintenance can not be self supporting but should be left as budget- ed with report to Council of any deficits. 2. BUSINESS LICENSE TAX INCREASE. Moved by Saltarelli, seconded by Sharp that Business Tax fees be amended as recommended by staff. Motion failed. Ayes: Saltarelli and Sharp. Noes: Welsh, Kennedy, Schuster. Councilman Schuster stated that he would not vote for this business t~x change unless City shows cuts in City staff and expenditures. Mrs. M. Byrd stated she could see no objection when based on gross. 3. USE OF REVENUE SHARING FUNDS FOR OPERATIONS INSTEAD OF CAPITAL IMPROVEMENTS. Movedby Saltarelli that this be approved as recommended. Motion died for lack of second. 4. CHARGING FOR REFUSE COLLECTION Movedby Saltarelli, seconded by Kennedy that City continue to provide refuse collection from the General Fund. Carried. 5. POLICY OF ADDING 40,000 TO RECREATION BUDGET Moved bySaltarelli, seconded by Welsh that this be stricken from the budget. Carried. 6. POLICY ON SALARIES Held in abeyance. Council Minutes 6/19/78, page seven 7. TITLE CHANGE OF SECRETARY II IN POLICE TO OFFICE COORDINATOR. Moved by Kennedy, seconded by Schuster that this classification change be approved. Carried. /\ 8. JUNE 13 REVISED STAFF REPORT Moved by Saltarelli, seconded by Sharp that Council verify changes reflected in June 13 revised report without the deletion of Nisson __ Rd. sidewalks. Carried. 9. ADDITIONAL 10% DEPARTMENTAL CUTS Moved by Schuster, seconded by Kennedy that Departments recommend additional 10% budget cuts on proposed budget. Council discussed ramifications additional 10% cuts per department and fact that this would inadvertantly cut personnel. Concensus of Council that this matter be delayed. Above motion and second withdrawn. Moved by Kennedy, seconded by Sharp that budget hearing be continued to meeting of July 17, 1978. Carried. Moved by Saltarelli, seconded by Sharp that meeting be recessed to meeting of the Redevelopment Agency. Carried. MINUTES OF REGULAR MEETING REDEVELOPMENT AGENCY June 19, 1978 __ 1. Meeting called to order at 9:12 p.m. ,2. Present: Members: Welsh, Sharp, Saltarelli, Kennedy Absent: Members: None 3. Approval of Minutes: Moved by Saltarelli, seconded by Sharp that minutes of June 5 meeting be approved. Carried. 4. AWARD OF BID - NEWPORT AVENUE WIDENING - East side of Newport Ave. between Boneta St. and Andrews St. Mr. Ledendecker, City Engineer reported 2 bids received and that low bid is 36% over Engineer's estimate. Recommended rejection of all bids and advertise at a later date. Moved by Sharp, seconded by Welsh that all bids be rejected and Agency readvertise in 6 months. Moved by Kennedy that this is not a proper use of funds, that project be abandoned and street develop as area is developed. Died for -- lack of second. Above motion failed. Saltarelli and Kennedy voting no. Moved by Saltarelli, seconded by Sharp that bid be awarded to low bidder, S~l~y~Miller. Motion failed. Mr. Saltarelli changed original vote to reject all bids. Council Minutes 6/19/78, page eight Moved by Sharp, seconded by Welsh that reject all bids at this time and direct the City Engineer to watch the market both as to concrete and willingness 6f contractors to bid and when he feels in a period not to exceed 6 months that climate is most beneficial to the City that he immediately readvertise for bids. Carried. Kennedy voting no. 5. ACCEPTANCE OF LOAN FROM CITY Moved by Saltarelli, seconded by Kennedy that Resolution RDA 78-23 accepting loan from the City be approved. Carried unanimously. 6. ADJOURNMENT Moved by Saltarelli, seconded by Sharp that meeting be adjourned to Council Meeting and thence to next regular meeting July 17, 1978. Carried. Y MEETING OF CITY COUNCIL RECONVEMED AT 9:25 p.m. PUBLIC CONCERNS Mrs. M. Byrd requested that Council Chambers door hinge be repaired. Mr. Blankenship stated that hinge would be repaired and door would be posted in interim. II. CONSENT CALENDAR 1. RESOLUTION NO. 78-76 A Resolution of the City Council of the City of Tustin, DECLARING ITS INTENTION TO VACATE AND SELL A PORTION OF NEWPORT AVENUE AND FIXING A TIME AND PLACE FOR PUBLIC HEARING THEREON. Continued from afternoon meeting. Moved by Schuster, seconded by Kennedy that this matter be continued to July 17 meeting. Carried. ~.~ III. ORDINANCE FOR INTRODUCTION 1. ORDINANCE NO. 777 An Ordinance of the City Council of the City of Tustin, California, GRANTING TO TUSTIN WATER WORKS, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY AND USE, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF TUSTIN. Council Minutes 6/19/78, page nine In answer to questioning by Mrs. Kennedy relative to requiring upgrading, Mr. Rourke stated~th&t~you can only require upgrading for fire protection but cost would be paid for by people who want service, not at Water Works expense. When requesting rate increase must be heard before the PUC. Typically this is done by written material unless interest is expressed for a hearing. Moved by Kennedy, seconded by Saltarelli that this matter be continued to July 17, 1978 meeting. Carried. IV. OLD BUSINESS 1. MODIFICATIONS TO SMITH HOUSE Report presented by Mr. Chase. Moved by~Sharp, seconded by Schuster that this matter be continued to July 17 meeting for further information as to costs to make building safe for new use and to provide access to the handicapped. Carried, Saltarelli voting No. 2. PARKWAY TREE REMOVAL - 14812 Branbury P1. Cont'd from 6-5-78. Moved by Saltarelli, seconded by Schuster that this request for tree removal be denied. Carried. 3. CONSIDERATION OF APPEAL OF L. H. RESEARCH 14402 Franklin Ave. Report presented by Mr. Chase. Chief Trotter, Orange County Fire Department spoke against granting this appeal. Those speaking in favor of appeal were Mr. Nyward Wu, Mr. Mark Murakami and Dr. Lee. Council discussed aspects such as use of water on electrical fires, type of construction, City liability and deed restriction possibility. Moved by Saltarelli, seconded by Kennedy that appeal be granted. Motion failed - Councilmen Sharp, Welsh and Schuster voting No. V. OTHER BUSINESS 1. MOTOR OFFICER VACANCY. Chief Thayer reported that this po~i~ionwas funded under the Traffic Safety Grant and that it would be in violation of the Grant to fill vacancy from the ranks and not replace the rank position. Moved by Saltarelli, seconded by Kennedy that position be filled. Carried. 2. EVICTIONS - Trailer Park on First St. Councilwoman Kennedy asked if City could help those being evicted by working with Jansvu. De~etOp~ent~on~.lretocati~n~. Mr. Rourke stated he doubted if the City could interfere. Concensus of Council not to get involved in this Civil matter. 3. FEE SCHEDULE RESOLUTION NO. 78-77 A Resolution ENDING RESOLUTION NO. 78-31, SECTIONS D AND E, RELATIVE TO FEES. Moved by Sharp, seconded by Schuster~that ResOlution No. 78=77! be passed and adopted. Carried unanimously. Council Minutes 6/19/78, page t~h VI. ADJOURNMENT Moved by Sharp, seconded by Kennedy that meeting be adjourned to next regular meeting of July 17, 1978. Carried. City Clerkk~'