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HomeMy WebLinkAboutCC MINUTES 1977 06 06 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL June 6, 1977 CALL TO ORDER Meeting called to order at 7:34 p.m. by Mayor Sharp. II.i PLEDGE OF ALLEGIANCE Led by Councilman Schuster. III. INVOCATION Given by Councilman Edgar. IV. ROLL CALL Present: Councilmen: Sharp, Welsh, Schuster, Edgar, Saltarelli. Absent: Councilmen: None. Others present: William L. Bopf, City Administrator R. Kenneth Fleagle, Assistant City Administrator Community Development Director James G. Rourke, City Attorney Ruth C. Poe, City Clerk PRESENTATIONS Plaque presented to Gina Matek for service as Traffic Commissioner. H. E. Hillie Cutts for service on Parks and Recreation Commission. Julian Iorio, Traffic Cor~aissioner (Mr. Iorio was unable to be present. PUBLIC HEARINGS 1. 1977-78 CITY BUDGET - GENERAL FUND AND REVENUE SHARING Report on proposed budget presented by Mr. Bopf covering General Funds and Revenue Shering Funds. Hearing opene~ at 7:47 p.m. Mr. Mike Ryerson, 13632 Charloma, spoke stating the number of sworn officers is the same in 1977 as it was in 1972 even though the City increased in area and population. Council discussed fact that two additional officers were author- ized in 1976 and that City has filled some positions with non- sworn personnel and has capitalized on use of CETA personnel. Council has budgeted and purchased technical aides to compensate and the level of service has been maintained and productivity has remained high. There being no objections and no further comments, it was moved by Edgar, seconded by Welsh, that hearing be continued open to the next regular meeting of June 20. Carried. 2. ZONE CHANGE 77-5 (TUSTIN PLAZA) Northerly of Irvine, easterly of Holt Report presented by Dr. Fleagle. Hearing opened at 8:10 p.m. Mr. Jack Davis, President of Investors Development of Orange County, Inc., spoke on behalf of development. In answer to questioning by Mr. Peer Swan, 14351 Morning Glory PDad, Dr. Fleagle explained exact location and showed plan of proposed development. There being no objections or further comments the hearing was declared closed at 8:19 p.m. Council Minutes 6/6/77 page 2 Moved by Welsh, seconded by Schuster, that Council approve the findings of the planning Commission and have first reading of Ordinance No. 729 be title. Carried unanimously. Moved by Saltarelli, seconded by Edgar, that Ordinance No. 729 be introduced. Carried. 3. BIDS FOR OLD CITY HALL PROPERTY Mayor Sharp explained that although listed on agenda as a New Business item, this matter was noticed for public hearing and would be taken up at this time. Report and summary of four bids received was presented by Mr. Bopf. Hearing opened at 8:30 p.m. Mr. Thomas Hippensteel, 1781 Andrews Place, and Chairman of Tustin presbyterian Church Committee for Concerns for Senior Citizens spoke in support of Bid listed as No. 4 of Biddie/White Housing and Development Corporation. Mrs. LOis Carr, Parks and Recreation Commission, stated she viewed this area as a cultural arts center. Mr. R. Waldron, attorney representing Mr. John Prescott, stated any development should include on-site parking. Taking of others' property for parking district is improper, and could be legally wrong. Dr. Walter Flaherty stated there would not be room for four units and off-street parking on lot 150' by 150' can't possibly see 60 units with cars on this site. Mr. TOm Kelly stated development should promote business in the area, parking should meet requirements and if necessary acquire an adjacent property for complete commercial development. Mr. Kelly favored Bid No. 1 of Dr. Gok, Dr. Clem and Dr. Hoien. Mr. Fredriksen asked for clarification of easement through prop- erty. Mr. Rourke stated they were now waiting for a title report. Mr. J. White of Biddie/White spoke on behalf of Bid No. 4 and stated they would match the highest bidder in amount of $210,000. Mr. Ta~, Architect, showed design plans and explained proposed development. In answer to questioning by Mrs. Kathleen Knox, ~a~pr Sharp stated that bids 1 and 3 are in accordance with concept of study and that the study would be a part of consideration. It was then stated by Mr. Sol Melinda that bid of Biddie/White depends on HUD grant funds and that HUD has indicated favorable consideration. Contract with HUD would be for 20 year subsidy and that developers could not provide without subsidy. Section 8 was then explained. In answer to questioning, Mr- Swan was told that sale of prop- erty is not included in 1977-78 budget and that 1 unit per 300 square feet of land would be proper density and that any group quarters would be subject to use permit hearing and General Plan hearing. There being no further comments and no objections, it was moved by Saltarelli, seconded by Welsh, that public hearing be closed for determination at next regular meeting and no further bids be taken. Carried unanimously. Council Minutes 6/6/77 Page 3 Mayor Sharp declared short recess at 9:45 p.m. Meeting reconvened at 9:45. VI. PUBLIC CONCERNS 1. FRONTIER PARK Mrs. Eileen Gilman requested that item #7 Of Old Business con- cerning Frontier Park hours be moved up to this point on agenda. Moved by Edgar, seconded by Welsh, that Items 1 and 7 of Old ~uslness be taken up directly after Public Concerns. 2. NEED FOR NEGOTIATOR Mr. Mike Riley questioned the need for an outside negotiator at $75.00 per hour at a time when theCouncil is trying to reduce expenditures. Councilman Saltarelli stated he felt it was in the best interests of the taxpayer to get professional advice in matters of law considering all the changes that have been enacted. Having a negotiator is just good business. As moved,the following Old Business items taken out of order. 1. SB 174 FUNDS ($14,861) Council discussed merits of conmitment of this money to Frontier Park to build all the recommended improvements such as lighting, drive-throughs for safety vehicles, etc. Also the hazards Of other vehicles using driveways. Safety factors of safety of 1 or 2 access points rather than the 4 recommended. Council also discussed any commitment to specific items. Mr. Biery stated that application must besubmitted by June 30, but wording can be general and amendments can be made. Acting Chief Crane explained the significant problems of an officer patrolling on foot even with radio communication. Vehicle access would be a big advantage and other vehicular use would be an enforcement problem and would have to be clearly signed in order to enforce. Moved by Edgar, seconded by Schuster, that Council commit $20,000 this year for Frontier Park and $20,000 in next year's budget for Centennial and Pinetree Parks. Substitute motion - Moved by Welsh, seconded by Saltarelli, that City apply for SB 174 funds to make improvements in existing parks allowing flexibility. Carried. Councilrequested Mr. Bopf with suggested necessary improvements. 7. PERMANENT SOLUTIONS TO FRONTIER PARK PROBLEM Moved by Welsh, seconded by Saltarelli, that permanent solution be deferred for further study. The following spoke in favor of reopening park until 10:00 p.m.: Mrs. E. Gilman, 14082 Charloma Drive Mrs. N. Kuras, Del Amo Avenue Mr. P. Kuras; Del Amo Avenue. In answer to questioning byMrs.~Gilman, Mr. Edgar stated that park was built to specific set of plans as discussed with area residents. Council Minutes 6/6/77 Page 4 Mrs. Lois Carr suggested that the Parks and Recreation Commission hold a neighborhood meeting with people in neighborhood and bring back ideas. Above motion to defer carried. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - May 16, 1977, meeting. 2. APPROVAL OF DEMANDS IN AMOUNT OF $760,039.78 RATIFICATION OF PAYROLL IN AMOUNT OF $115,540.01 3. RESOLUTION NO. 77-56 A Resolution of the City Council of the City of Tustin, CalifOrnia, INFORMING THE ARTERIAL HIGHWAY FINANCING PROGRAM ADVISORY COMMITTEE OF THE STATUS OF THE CITY OF TUSTIN MASTER PLAN OF ARTERIAL HIGHWAYS. Adoption as recommended by City Engineer. 4. RESOLUTION NO. 77-57 A Resolution of the City Council ef the City of Tustin APPROVING FINAL PARCEL MAP 77-92. Adoption as recommended by Planning Commission. 5. RESOLUTION NO. 77-58 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP 77-93. Adoption as recommended by Planning Commission. 6. RESOLUTION NO. 77.59 A Resolution of the City Council of the City of Tustin, AMENDING RESOLUTION NO. 77-49. Adoption as recommended by City Engineer. 7. FINAL ACCEPTANCE OF TRACT NO. 8912 Acceptance of Public Improvements and authorization for exoneration of bonds as recommended by City Engineer. 8. BUILDING RELEASE BOND - 14251 CHAMBERS ROAD Authorization to grant Certificate of Occupancy predicated upon bonding as recommended by Community Development Director. 9. REQUEST FOR SIGN EXCEPTION - UNION OIL 17th and Tustin Avenue Approval as recommended by Community Development Director. 10. EXCEPTION FROM PROVISIONS OF SIGN CODE - CONSTITUTION SAVINGS AND LOAN, 17th and Treehaven Approval as recommended by Community Development Director. 11. RESOLUTION NO. 77-60 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE EL CAMINO REAL STORM DRAIN FROM NEW- PORT AVENUE TO FIRST STREET AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption as recommended by City Engineer. 12. ABANDONED VEHICLE ABATEMENT PROGRAM Approval as recommended by City Administrator. Council Minutes 6/6/77 Page 5 At request of Mr. Edgar, items 6 and 11 were pulled for further consideration. Moved by Welsh, seconded by Edgar, that Items 1, 2, 3, 4,. 5, 7, 8, 9, 10, 12 Of Consent Calendar be approved as recommended. Carried unanimously. 6. FAU PROJECT ..~ Mr. Ledendecker explained reasons for change of date for opening bids and stated it would take approximately 10 days for CalTrans and City of Santa Ana to go over bids so that they could be pre- sented to the City Council. Moved by Edgar, seconded by Welsh, that Resolution 77-59 b~ adopted. Carried unanimously. 11. RESOLUTION 77-60 Report presented by Mr. Ledendecker explaining that schedule was set so that no entryway would be closed for more than a specific number of hours and explaining bonus clause. Moved by Edgar, seconded by Welsh, that Resolution No. 77-60 be passed and adopted as recommended. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 722 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN SIGN CODE. 2. ORDINANCE NO. 723 An Ordinance of the City of Tustin, California, PREZONING CERTAIN PROPERTY TO THE MULTI-FAMILY (R-3-2000) DISTRICT KNOWN AS PREZONE 77-3. 3. ORDINANCE NO. 724 An Ordinance of the City of Tustin, California, REZONING CERTAIN PROPERTY TO THE R-3 DISTRICT. 4. ORDINANCE NO. 725 An Ordinance of the City of Tustin, California, REZONING CERTAIN PROPERTY TO THE R-3 DISTRICT. 5. ORDINANCE NO. 726 An Ordinance of the City Council of the City of Tustin, REVISING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS. Moved by Saltarelli, seconded by Welsh, that Ordinances 722, 723, 724, 725 and 726 be read by title. Carried unanimously. Ordinance titles read by Clerk. Moved by Saltarelli, seconded by Welsh, that Ordinances 722, 723, 724, 725 and 726 be passed and adopted. Carried by roll call. Ayes: Sharp, Welsh, Edgar, Saltarelli, Schuster. Noes: none. Absent: none. Council Minutes 6/6/77 page 6 Ix. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 727 An Ordinance of the City of Tustin, California, ADOPTING AND ENACTING A RECODIFICATION AND REVISION OF THE ORDINANCES OF THE CITY OF TUSTIN ENTITLED "TUSTIN CITY CODE", AND PRO- VIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN EXCEPT AS HEREIN EXPRESSLY PROVIDED. Moved by Edgar, seconded by Welsh, that Ordinance No. 727 be read by title only. Carried unanimously. Moved by Welsh, seconded by Edgar, that Ordinance No. 727 be introduced. Carried, Moved by Saltarelli, seconded by Edgar, that 7:30 p.m., June 20, 1977, be set as time and date for public hearing on this matter. Carried. 2. ORDINANCE NO. 728 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO REVISE THE MEMBERSHIP OF THE PARKS AND RECREATION COMMISSION. Moved by Edgar, seconded by Schuster, that Ordinance No. 728 have first reading by title only. Carried unanimously. Moved by Edgar, seconded by Saltarelli, that Ordinance NO. 728 be introduced. Carried. 3. ORDINANCE NO. 730 An Ordinance of the City Council of the City of TUstin, California, AUTHORIZING THE USE OF CRIMINAL HISTORY INFOR- MATION IN CERTAIN INSTANCES RELATING TO EMPLOYMENT, LICENSING OR CERTIFICATION. Moved by Welsh, seconded by Schuster, that this ordinance be deferred for further study by City Attorney and staff. Councilman Saltaretli stated that the Mayor is authorized this information in time of emergency. Above motion carried. Mr. Ron Torkildson, Coast Sign Company, requested information on outcome of Consent Calendar NO. 10 stating he felt a small sign as recommended on back would look improper on that size building and requested larger sign. When told this would require going through the variance pro- cedure and a public hearing, Mr. Torkildson withdrew his request. X. OLD BUSINESS 1. SB 174 FUNDS - See Public Concerns. 2. BUILDING PERMIT - SIXTH AND "B" STREETS Reports presented by City Administrator and Fire Chief. Mr. Cy Nozick, property owner/developer, stated sprinklers would be ineffective at this time and requested he be permitted to put in risers and underground system at this time, build a class "A" building and place bond in amount required to complete system including hydrants, and installing water mains, etc. Council Minutes 6/6/77 Page 7 Chief Holms requested completion of sprinkler system at time of development. Moved by Edgar, seconded by Welsh, to authorize structure with ~sprinkler system. Council discussed rights and expenses to developer, requiring applicant to post bond in sufficient amount to cover any other costs and necessity of getting water to the area at earliest possible date. Substitute motion - Moved by Welsh, seconded by Saltarelli, to accept bond in sufficient amount to guarantee all lines and sprinklers be in when water is available. Chief Holms suggested consideration be given to adoption of a retroactive ordinance to require sprinkling in existing build- ings in the area. Above substitute motion carried. 3. STREET CLOSING REQUEST - HOLT AVENUE FOR TILLER DAYS Dr. Fleagle reported that Mervyn's has consented to closing of Holt in this area until 12:00 noon and they do have access from Irvine Boulevard. Request is for closing from 10:30 a.m. to 1:00 p.m. Moved by Edgar, seconded by Saltarelli, that closing be authorized as requested. Carried. 4. BICYCLE LICENSING PROGRAM Moved by Saltarelli, seconded by Welsh, that this matter b~ continued awaiting reply from Sheriff. Carried, Councilman Schuster voting no. 5. REVISED AGREEMENT ON SEWER CONNECTION FEES Moved by Saltarelli, seconded by Welsh, that Mayor and City Clerk be authorized to execute the agreement and the staff implemeD~ the financial provisions of the agreement. Carried. 6. JOINT FUELING STATION AGREEMENT Moved by Welsh, seconded by Edgar, that Ma~or be authorized to execute this joint fueling facility agreement with the School District on behalf of the City. Carried. · 7. FRONTIER PARK - See Public Concerns. XI. NEW BUSINESS 1. STREET IMPROVEMENTS - SCHOOL ROAD/SERVICE ROAD Mr. Bopf presented report and Council discussed need for enforce- ment of Use Permit conditions. Moved by Saltarelli, seconded by Sharp, that the School Distric~ be required to pay their share and if not City will revoke Use Permit 76-33 and not grant use of facility. Carried, Councilman Welsh abstained. Councilman Saltarelli referred back to Old Business No. 6 for joint fueling agreement questioning allocations in time of emer- gency shortages and stating that emergency vehicles should have larger allocation. Also questioned need for:25-year agreement. Council Minutes 6/6/77 Page 8 Staff explained use and mechanics of computerized facility including capability of locking out any vehicle. Moved by Edgar, seconded by Welsh, that staff recon~nendation to approve agreement be accepted. Carried, Councilman Saltaretli voting no. 2. REPLACEMENT OF POLICE VACANCIES Report presented by Mr. Bopf. Moved by Welsh, seconded by Edgar, that staff recormnendation to fill one Dispatcher position and two Records Clerks positions be approved. 3. BIDS FOR OLD CITY HALL PROPERTY See Public Hearing No. 3. XII. OTHER BUSINESS 1. COMMISSION STATUS Moved by Saltarelli, seconded b~ Welsh, that City Attorney be directed to prepare an ordinance placing the Council in the role of planning Cormmission=:to be effective by first meeting in July. Carried. 2. REAL ESTATE SIGN TAX PERMIT Councilman Saltarelli reported that permit stickers are easily removed and are being stolen. Council requested staff to look into this problem to find way permit cannot be removed. 3. SANITARY SEWERS Mr. Ledendecker explained that the Sanitation District is responsible for installation of trunk line sewers. 4. CITY SELECTION COMMITTEE - LEAGUE OF CITIES Moved by Edgar, seconded by Schuster that City's League repre- sentative be authorized to vote for reappointment of Mr. A1 Hollinden. Carried. 5. CITY TOUR BY SUPERVISOR RILEY Moved by Welsh, seconded by Saltarelli, that letter of apprecia- tion and again pointing out areas in need of financial aid from the County be sent to Supervisor Riley. Carried. XIII. ADJOURNMENT Moved by Welsh, seconded by Schuster, that this meeting be adjourned to a meeting of the Redevelopment Agency and thence to next regular meeting of June 20, 1977. Carried. MAYOR CITY CLERK