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HomeMy WebLinkAboutCC MINUTES 1977 08 15 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL AUGUST 15, 1977 CALL TO ORDER Meeting called to order by Mayor Sharp at 3:13 p.m. in the Council Chambers~ Centennial at Main, Tustino ROLL CALL Present: Councilmen: Sharp, Welsh, Edgar, Saltarelli, Schuster. Absent: Councilmen: None. Others present: William L. Bopf, City Administrator James G. Rourke, City Attorney Brian Chase, Community Development Director Ruth C. Poe, City Clerk III. PUBLIC HEARING 1. AMENDMENT TO LAND USE ELEMENT 77-2 (A) Southeasterly corner of Main and Williams from Commercial to Multi-family (Duplex) Report presented by Mr. Chase. Hearing opened at 3:15 p.m. Mr. Leon H~ter, appliaant, spoke in favor of development and presented plans including plans for traffic flow. There being no further comments and no objections, the hearing was declared closed. Moved by Sattarelli, seconded by Ed.,g.ar, that amendment be approved as recommended and Resolution No. 77~85 be read by title. Carried. Moved by Edgar, seconded by Saltarelli, that Resolution 77-85, approving General Plan Amendment 77-2(A) be passed and adopted. Carried unanimously. 2. AMENDMENT TO LAND USE ELEMENT 77-2 (B) 1362 Nisson Road from Single-family Residential to Multi-family Residential. Staff report presented by Mr. Chase. Hearing opened at 3:25 p.m. The following spoke against this amendment due to impact on residential area, height of development, increased tzaffic noise factor and parking and presented a petition of approximately 45 residents objecting to change and requesting parcel remain R-2. Ron Trevithick, 14081 Utt Drive R. Sullard, 14062 Utt Drive Ruth Poe, 14101 Del Amo Pat Guthrie, Utt Drive Council discussed problems presented by residents and impact on area. Moved by Welsh, seconded by Saltarelli, that Amendment to Land Use Element 77-2 (B) be denied without prejudice. Carried unanimously. 3. AMENDMENT TO LAND USE ELEMENT 77-2 (C) Westerly side of Yorba between Vandenberg Lane and 230' northerly of Jacaranda from Professional to Commercial General Classification. Report presented by Mr. Chase. Hearing opened at 3:47 p.m. There being no comments or objec- tions, the hearing was declared closed. Council Minutes 8/15/77 page two Flared by Saltarelli~ seconded b7 Edgar, that Resolution No. 77-87 approving Amendment to the Land Use Element of the General Plan relative to parcel of land southerly of 17th Street, bounded by the Newport Freeway and Yorba Street, be read by title. Carried unanimously. Moved by Edgar, seconded by Saltarelli, that Resolution 77-87 be passed and adopted. Carried unanimously. 4. AMENDMENT TO LAND USE ELEMENT 77-2(D) South side of Sixth Street, between the Tustin Boys Club and the Foster Arts Center, from Public & Insti- tutional to Industrial (PM). Report presented by Mr. Chase. Hearing opened at.4:00 p.m. There being no comments or objec- tions, the hearing was declared closed. Moved by Saltarelli, seconded by Edgar, that Resolution 77-88, approving General Plan Amendment 77-2(D), be read by title. Carried unanimously. Moved by Welsh, seconded by Edgar, that Resolution No. 77-88 be passed and adopted. Carried unanimously. 5. AMENDMENT TO LAND USE ELEMENT 77-2(E) Westerly side of Pasadena (170), northerly of Second Street, from Single-family Residential to Public & Institutional. Report presented by Mr. Chase. Hearing opened at 4:03 p.m. There being no comments or objec- tions, the hearing was declared closed. Moved by Edgar, seconded by Saltarelli, that Resolution 77-89, approving General Plan Amendment 77-2(E), be read by title only. Carried unanimously. Moved by Saltarelli, seconded by Edgar, that Resolution No. 77-89 be passed and adopted. Carried unanimously. 6. AMENDMENT TO LAND USE ELEMENT 77-2(F) 11 acre parcel located on the easterly side of Newport Avenue, bounded by the Tustin Heights Shopping Center and the Galaxies Apartment complex. Report presented by Mr. Chase. Hearing opened at 4:06 p.m. Moved by Welsh, seconded by Edgar, that hearing be continued to meeting at 7:30p.m., as recommended. Carried. Moved by Edgar, seconded by Welsh, that Council meeting adjourn to meeting of Planning Agency. Carried. Council meeting reconvened at 11:18 p.m. 7. RED HILL-MELVIN ANNEXATION NO. 100 (Noticed for 7:30 p.m.) City Clerk reported that no written protests had been received. Hearing opened at 11:19 p.m. There being no one present with comments and no protests the hearing was declared closed. RESOLUTION NO. 77-83 A Resolution of the City Council of the City of Tustin, California, DECLARING THAT A MAJORITY PROTEST BY PROPERTY OWNERS HAS NOT BEEN MADE AGAINST THE ANNEXATION OF CERTAIN Council Minutes 8/15/77 Page three UNINHABITED TERRITORY DESIGNATED AS "RED HILL-MELVIN ANNEXATION NO. 100" TO THE CITY OF TUSTIN. Moved by Edgar, seconded by Welsh, that Resolution No. 77-83 be read by title. Carried unanimously. Moved by Edgar, seconded by Welsh, that Resolution NO. 77-83 be passed and adopted. Carried. ORDINANCE NO. 737 An Ordinance of the City Council of the City of Tustin, California, APPROVING THE ANNEXATION OF CERTAIN UNIN- HABITED TERRITORY, DESIGNATED "RED HILL-MELVIN ANNEXATION NO. 100" TO THE CITY OF TUSTIN, CALIFORNIA. Moved by Edgar, seconded by Welsh, that Ordinance No. 737 be read by title. Carried unanimously. Moved by Welsh, seconded by Edgar, that Ordinance No. 737 be introduced. Carried. 6. AMENDMENT TO LAND USE ELEMENT 77-2(F) (As continued from earlier in meeting) Moved' by Welsh, seconded by Saltarelli, that hearing be con- tinued to September 6th meeting of the Council at 7:30 p.m. Carried. IV. PUBLIC CONCERNS NONE. V. CONSENT CALENDAR 1. APPROVAL OF MINUTES of August 1, 1977, meeting. 2. APPROVAL OF PAYROLL LISTING in amount of $60,828.86 3. RIGHT-OF-WAY ACQUISITION - NEWPORT AVENUE 4. PARKWAY TREE REMOVALS Approval of removal of trees as reconunended by City Engineer. 5. RESOLUTION NO. 77-84 A Resolution of the City Council of the City of Tustin, California, URGING WATER CONSERVATION MEASURES. Adoption as prepared at request of Council. 6. RESOLUTION NO. 77-90 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 77-97 FOR PROPERTY ON THE WEST SIDE OF YORBA STREET, SOUTH OF 17TH STREET. Approval as reconunended by staff. 7. RESOLUTION NO. 77-91 ~"~ A Resolution of the City Council of the City of Tustin APPROVING TENTATIVE PARCEL MAP NO. 77-103 FOR THE PROP- ERTY ON THE SOUTH SIDE OF SIXTH STREET AT PACIFIC AVENUE. Adoption as recommended by staff. 8. DENIAL OF CLAIM OF DAVID B. STRAHAN Denial as recommended by Insurance Agency. 9. PERSONNEL RESOLUTIONS a. RESOLUTION NO. 77-79 A Resolution of the City Council of the City of Tustin RELATIVE TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF ADMINISTRATIVE AND MANAGEMENT OFFICERS OF THE CITY. Council Minutes 8/15/77.. ~age four b. RESOLUTION NO. 77-80 A Resolution of the City Council of the City of Tustin RELATIVE TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF NON-ADMINISTRATIVE AND NON-MANAGEMENT~ EMPLOYEES. c. RESOLUTION NO. 77-81 A Resolution of the City Council of the City of TuStin RELATIVE TO THE TERMS AND CONDITIONS OF CITY PERSONNEL EMPLOYED PURSUANT TO THE PROVISIONS OF THE FEDERAL COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (P.L. 93-203- C.E.T.A.) . Adoption of the above resolutions ratifying Council action of July 18, 1977. 10. REQUEST FOR BONDING FOR LANDSCAPING, IRRIGATION AND PUBLIC IMPROVEMENTS. Approval of request as recommended by staff. Mr. Saltarelli requested that items 3 and 9 be removed for separate 'consideration. Moved by Edgar, seconded by Schuster, that items 1, 2, 4, 5, 6, 7, 8 and 10 of the Consent Calendar be approved as recommended. Carried unanimously. 3. RIGHT-OF-WAY ACQUISITION - NEWPORT AVENUE In answer to questions, the staff stated that only two parcels would have to be acquired. Suggested by Edgar that City hire an appraiser and that land be acquired with Redevelopment Agency funds. Council concurred that this matter be withdrawn to be considered by Redevelopment Agency. 9. PERSONNEL RESOLUTIONS a. RESOLUTION NO. 77-79 A Resolution of the City Council of the City of Tustin RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF ADMINISTRATIVE AND MANAGEMENT OFFICERS OF CITY. Moved by Welsh, seconded by Edgar, that Resolution No. 77-79 be read by title. Carried unanimously. Moved by Welsh, seconded by Edgar, that Resolution No. 77-79 be passed and adopted. Carried unanimously. b. RESOLUTION NO. 77-80 A Resolution of the City Council of the City of Tustin California, RELATING TO THE CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT OF CITY NON- ADMINISTRATIVE, AND NON-MANAGEMENT EMPLOYEES. Moved by Welsh, seconded by Saltarelli, that Resolution No. 77-80 be read by title. Carried unanimously. Moved by Welsh, seconded by Edgar, that Resolution 77-80 be passed and adopted. Carried unanimously. c. RESOLUTION NO. 77-81 A Resolution of the City Council, City of Tustinl California, RELATING TO THE TERMS AND CONDITIONS OF CITY PERSONNEL EMPLOYED PURSUANT TO THE PROVISIONS OF THE FEDERAL COMPREHENSIVE EMPLOYMENT AND TRAINING ACT (P.L. 93-203-C.E.T.A.). Council Minutes 8/15/77 Page five Moved by Edgar, seconded by Welsh, that Resolution No. 77-81 be read by title. Carried unanimously. Moved by Schuster, seconded by Welsh, that Resolution No. 77-81 be passed and adopted. Carried unanimously. VI. ORDINANCES FOR ADOPTION NONE. VII. ORDINANCES FOR INTRODUCTION NONE. VIII. OLD BUSINESS 1. ACCESS TO MAGNOLIA TREE PARK, (TRACT 8912 - PEPPERTREE) Moved by Edgar, seconded by Schuster; to 9pprove access as reconunended by staff. Funds to be budgeted from SB 174. Carried. 2. PROPOSED PURCHASE OF TUSTIN WATER WORKS 3. NICKEL BUS 4. AGRICULTURAL PRESERVATION TASK FORCE Moved by Saltarelli, seconded by Edgar, that Council approve items 2, 3 and 4 of Old Business as recommended. by staff. ~--~ Staff recommendations: 2. That the Council approves the general concept and terms negotiated with the company representatives by the special City committee and staff for the acquisition of the Tustin Water Works. Staff isauthorize~ and directed to proceed with the development of a formal agreement of purchase acceptable to the Tustin Water Works and City Council. 3. That the City Council authorize the expenditure of funds necessary to subsidize the cost of operating the Nickel Bus in excess of the $3,000 per month provided by the Orange County Transit District. This additional funding will be in effect through November 30, 1977. 4. That the City of Tustin authorize the Mayor to send a letter to the Board Of Supervisors, endorsing Objective I (phased urban growth), and. encouraging the County to pursue the intent of Objective III, calling for the preservation of open space on a Countywide basis. Further, the above policy statements should also be included in the letter as a means of making known the City of Tustin's views on allowing the full development of land within its sphere of influence. Carried. IX. NEW BUSINESS 1. APPOINTMENT OF LEAGUE VOTING DELEGATE Moved by Edgar, seconded by Saltarelli, that Councilman Welsh be appointed delegate and Councilman Edgar be appointed alternate. Carried. 2. ORANGE COUNTY LEAGUE DUES Councilman Edgar stated that this matter had been finalized at last meeting of League. No action necessary. Council Minutes 8/15/77 page six 3. AWARD OF CONTRACT - EL CAMINO REAL STORM DRAIN City Engineer reported the following bids received: Mike Masanovich $263 758.00 Frost Constructors 266 000.00 Valverde Construction, Inc. 273 445.00 Kral-D.G. (J.V.) 274 631.00 K.E.C. Company 275 267.00 Burch Engineering 275 759.00 Brkich Brothers 299 659.00 Bebek Company 307 622.00 Mike Prlich and Sons 314 403.00 McGuire Construction Company 316 338.05 Andrew Papac and Sons 326 178.00 Fleming Engineering, Inc. 361 359.00 Mr. Tom Kelly spoke relative to beautifying E1 Cemino Real and reconstruction of curbs and improving street. Council discussed undergrounding utilities, use of Redevelop- ment Agency funds. Staff to meet with area people and estab- lish priorities for this area. Moved by Edgar, seconded by Welsh, that the contract for the construction of the E1 Camino Real Storm Drain be awarded to Mike Masanovich Construction Company and authorize the Mayor to execute the contract in behalf of the City. C~rried. 4. RECONSIDERATION OF SIGN CODE EXCEPTION (14181 NEWPORT) Report presented by Mr. Chase. No action necessary. 5. SETTING OF TAX RATE FOR FISCAL YEAR 1977-78 Report presented by Mr. Blankenship. Moved by Edgar, seconded by Schuster, that City. Tax Rate be reduced 3¢ to 93¢. Motion failed. Ayes:- Schuster, Edgar. Noes: Sharp, Welsh, Saltarelli. Moved by Edgar, seconded by Welsh, that tax rate be reduced 4¢ ~o 92¢. Carried unanimously. ORDINANCE NO. 736 An Ordinance of the City Council of the City of Tustin, FIXING AND DETERMINING THE AMOUNT OF REVENUE NECESSARY TO BE RAISED BY TAXATION UPON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN AND THE AMOUNT OF REVENUE NECESSARY TO CARRY ON THE VARIOUS DEPARTMENTS OF SAID CITY FOR THE FISCAL YEAR 1977-78. Moved by Edgar, seconded by Welsh, that Ordinance No. 736 be read by title. Carried unanimously. Moved by Welsh, seconded .by Edgar, that Ordinance No. 736 be introduced. Carried. Moved by Welsh, seconded by Edgar, that Ordinance No. 736 have second reading by title. Carried unanimously. Moved by Welsh, seconded by Edgar, that Ordinance No. 736 be passed and adopted as an urgency measure. Carried. Ayes: Sharp, Welsh, Edgar, Saltarelli, Schuster. Noes: none. Absent: none. RESOLUTION NO. 77-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES TO CARRY ON THE VARIOUS DEPARTMENTS OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO CARRY ON THE WORK OF THE CITY FOR THE FISCAL YEAR 1977-78. Council Minutes 8/15/77 page seven Moved by Edgar, seconded by Welsh, that Resolution No. 77-82 be read by ~itle~ Carried unanimously. Moved by Welsh, seconded by Edgar, that Resolution 77-82 be passed and adopted. Carried unanimously. X. OTHER BUSINESS 1. UTT PARK ACQUISITION Mr. Bopf reported that grant had been applied for for acqui- sition of James B. Utt Park. 2. COLUMBUS TUSTIN PARK Mr. Bopf reported that staff is applying through the County for Joint Agency Park Projects for County control 1976 State Park Bond funds. 3. HOUSING PROJECT - EL CAMINO REAL ~. Bopf recommended that. City Wr~e~ to HUD for further informa- tiQn and time for study. .~ Mr. Bopf to confer with Mayor Pro Tem Welsh. 4. PART-TIME BUILDING INSPECTORS Moved by Edgar, seconded by Welsh, that hiring of two part- time building inspectors for two-month period be approved as requested. Carried. 5. MECHANIC VACANCY Moved by Edgar, seconded by Welsh, that staff be authorized to fill second mechanic vacancy. Carried. 6. COMMUNITY DEVELOPMENT DIRECTOR VACANCY Moved by Welsh, seconded by Edgar,. that Mr. Brian Chase be hired as Community Development Director at rate of $1,900 per month as recommended. Carried. 7. ASSISTANT TO CITY ADMINISTRATOR VACANCY Moved by Edgar, seconded by Saltarelli, that staff be authorized to fill vacancy as Administrative Assistant with range of $1,028 to $1,250 per month. Carried. 8. N.O.I.S.E. Moved by Saltarelli, seconded by Edgar, that consideration of City joining N.O.I.S.E. be agendized for second meeting in September. Carried. 9. 50TH ANNIVERSARY CELEBRATION Moved by Edgar, seconded by Saltarelli, that allocation for 50thAnniversary Dinner and picnic be increased from $500.00 to $900.00. Carried. 10. PARKS AND RECREATION REPRESENTATIVE TO LEAGUE CONFERENCE Moved by Edgar, seconded by Saltarelli, that registration fee be paid for attendance of Mary Hernandez. Carried~ 11. EXTENSION OF SIXTH STREET Council discussed a~celerating this extension to be paid for by City funds with Redevelopment Agency buying from City and building road in next year's budget and requested staff to inves- tigate possibility of saving money through timing this development with extension of water main. Council Minutes 8/15/77 ~age eight Moved by Edgar, seconded by Welsh, tha~ Staffinitiate acquisi- tion of extension using City funds. Councilman Welsh suggested this matter be agendized for presenta- tion of costs. · Above motion and second withdrawn. Mr. Rourke suggested resolving pending litigation with Southern Pacific RRbefore contacting them on this matter. Moved by Wetsh~ seconded by Saltarelli, that matter of extension of Sixth Street be agendized for all pertinent information including precise alignment. Carried. 12. It was announced that Councilman Saltarelli had been elected as Chairman of Joint Board of Sanitation Districts. ADJOURNMENT Moved by Welsh, seconded by Edgar, that meeting be adjourned tomee~ingof'the Redeve~opment Agency and' thence to regular meetings of the Planning Agency. and City Council commencing at 3:00 p.m., September 6, 1977. Carried. CITY CLERK