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HomeMy WebLinkAboutCC MINUTES 1977 05 16 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL May 16, 1977 CALL TO ORDER Meeting called to order by Mayor Sharp at 7:35 p.m. in the City Council Chambers, Centennial Way at Main Street, Tustin. II. PLEDGE OF ALLEGIANCE Led by Mayor Sharp. III. INVOCATION Given by Councilman Welsh. IV. ROLL CALL PreSent: Councilmen: Sharp, Welsh, Edgar, Saltarelli, Schuster. Absent: Councilmen: None. Others present: William Bopf, City Administrator R. Kenneth Fleagle, Asst. City Administrator Community Development Director James G. Rourke, City Attorney Ruth C. Poe,!'City Clerk PRESENTATIONS Mayor Sharp presented the following Proclamations: 1. "Witness to Fitness Week", to Don Biery, Committee member. 2. "Handicapped Awareness Week", to Miss Patty Holman. V. PUBLIC HEARINGS 1. SECTION 8 HOUSING SUBSIDY PROGRAM Report defining options open to the City presented by Mr. Bopf. Hearing opened at 7:40 p.m. Mrs. M. Wheeler, conunittee member on Orange County Housing Auth- Ority Policymaking Advisory Board, reported as to benefits to Tustin and the mechanics of the program. Mrs. Dorothy Smith, President, Santa Ana-Tustin-Orange Area League of Women Voters, spoke on advantages through Orange County Housing Authority as to saving time, money and energy. Mr. Tom Kelly, E1 Camino Real businessman, spoke in favor of the Orange County Housing Authority. TWo City residents spoke urging Tustin agreement with the County and told of their experience of being refused aid because Tustin did not agree to participate. Mr. T. Arndt, President, Tustin Senior Citizens, read resolution of the Board of Supervisors designating the month of May as "Older Americans Month" and urged adequate housing. There being no further comments or objections, the hearing was declared closed at 8:24 p.m. Moved by Welsh, seconded by Edgar, that City enter agreement as to Section 8 of the Housing Act with Orange County Housing Auth- ority for purposes as discussed. Council discussed alternatives as presented in staff report, pros and cons of letter stating do not object and an agreement and the fact that the only concern at this time is Section 8 and not any other phase of housing. Above motion carried unanimously. Council Minutes 5/16/77 Page 2 2. SIGN CODE AMENDMENT Dr. Fleagle presented report and recommendations of Planning Commission. Hearing opened at 8:38 p.m. There being no cormnents or objections, the hearing was declared closed. Moved by Saltarelli, seconded by Edgar, that recormnendation of Planning COmmission be upheld. Carried. Moved by Saltarelli, seconded by Edgar, that Ordinance No. 722, amending the Tustin Sign Code, have first reading bytitle. Carried unanimously. Moved by Edgar, seconded by Schuster, that Ordinance No. 722 be introduced. Carried. 3. AMENDMENT TO ZONING ORDINANCE - PARKING REGULATIONS Dr. Fleagle presented report and recommendation. In answer to questioning, he stated that the two dissenting Planning Com- missioners stated they felt this would be an additional cost and add to the renters' cost of living. Hearing opened at 8:42 p.m. No protests or comments presented. Moved by Saltarelli, seconded by Edgar, that hearing be closed~. and recommendations contained in Planning Commission Resolution 1626 be upheld and City Attorney directed to draft necessary ordinance. Carried. VI. PUBLIC CONCERNS 1. FRONTIER PARK HOURS Mrs. Eileen Gilman, 14082 Charloma Drive, presented letter and petition signed by 45 area residents requesting that all parks remain open until 10:00 p.m. and protesting the closing of Fron- tier Park at sundown. Mrs. Gilman requested the lighting of handball courts, more police protection, installation of original specifics such as horseshoe pitch,. and road through park for police vehicles, etc. Council discussed costs of additional installations, added police protection and possibility of holding a public hearing. Council requested full staff report for next regular meeting of June 6, 1977. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - May 2, 1977, meeting. 2. APPROVAL OF DEMANDS in amount of $46,758.96 RATIFICATION OF PAYROLL in amount of $58,572.81 3. RESOLUTION NO. 77-51 A Resolution of the City Council of the City of Tustin, California, SUPPORTING PASSAGE OF SENATE BILL 1081, THE LIQUEFIED NATURAL GAS TERMINAL ACT. Adoption as requested by Council. 4. SETTING HEARINGS - 1977-78 CITY BUDGET - PROPOSED USE OF REVENUE SHARING Approval as recommended by staff. Council Minutes 5/16/77 Page 3 5. PROSPECT-IRVINE PARK - ACQUISITION AGREEMENT AMENDMENT Approval as recommended by Parks and Recreation Director. 6. JOINT DAY CAMP AGREEMENT Approval subject to approval of City Attorney as to form. 7. RESOLUTION NO. 77-52 A Resolution of the City Council of the City of Tustin, California, ASCERTAINING AND DETERMINING THE PREVAILING RATES OF WAGE TO BE PAID ON PUBLIC WORKS CONTRACTS IN THE CITY OF TUSTIN, CALIFORNIA. Adoption as recommended by City Attorney and City Engineer. 8. CONTRACTUAL SERVICES - TRAFFIC SIGNAL MAINTENANCE Authorization for staff to solicit bids for traffic sig- nal maintenance contract for 22-1/2 intersections main- tained by the City, as recom~nended by the City Engineer. 9, RESOLUTION NO. 77-53 A Resolution of the City Council of the City of Tustin, California, RELATIVE TO REGULATING VEHICULAR TRAFFIC AND PARKING ON CERTAIN PRIVATELY OWNED PROPERTY. Adoption as requested. 10. DENIAL OF CLAIM OF O.K..EARL CORP. Denial as recommended by R. L. Kautz Insurance. Item No. 7 withdrawn for further discussion. Moved by Sattarelli, seconded by Schuster, that items 1, 2, 3, 4, 5, 6, 8, 9and 10 be approved as recommended. Carried unanimously~ 7. RESOLUTION NO. 77-52 Council discussed need for costlypublication.of all wage scale amendments. Staff reported that they are trying to publish with other cities in order to cut costs and that the League of California Cities is now working on an amendment to delete the necessity of pub- lication. Moved by Edgar, seconded by Saltarelli, that Resolution No. 77-52 be passed and adopted. Carried unanimously. VIII. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 721 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE LICENSING AND REGU- LATION OF AMBULANCES. Moved by Saltaretli, seconded by Edgar, that Ordinance No. 721 have second reading by title. Carried unanimously. Moved by Welsh, seconded by Saltarelli, that Ordinance No. 721 be passed and adopted. Carried by roll call. Ayes: Sharp, Welsh, Edgar, Saltarelli, Schuster. Noes: none. Absent: none. Council Minutes 5/16/77 page 4 Ix. ORDINANCES FOR INTRODUCTION 1. 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. Moved by Sattarelli, seconded by Edgar, that Ordinance No. 723 be read by title only. Carried unanimously. Moved b~z Ed~ar, iseconded by Schuster, that Ordinance No. 723 be introduced. Carried. ORDINANCE NO. 724 An Ordinance of the City of Tustin, California, REZONING CERTAIN PROPERTY TO THE R-3 DISTRICT. Moved by Saltarelli, seconded=by Welsh~ that Ordinance No. 724 have first reading by title only. Carr.ied unanimously. Moved by Welsh, seconded by Edgar, that Ordinance No. 724 be introduced. Carried. 3. ORDINANCE NO. 725 An Ordinance of the City of Tustin, California, REZONING CERTAIN PROPERTY TO THE R-3 DISTRICT. Moved by Welsh, seconded by Schuster~ that Ordinance No. 725 have first reading by title only. Carried unanimously. Moved by Welsh, seconded by Edgar, that Ordinance No. 725 be introduced. Carried, 4. ORDINANCE NO. 726 An Ordinance of the City Council of the City of Tustin, California, REVISING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS. MOved by Edgar, seconded by Schuster, that Ordinance No. 726 have first reading by title. Carried unanimously- Moved by Welsh, seconded by Schuster, that Ordinance No. 726 be introduced. Carried. X. OLD BUSINESS 1. N.E.O.C.C.S. STUDY Moved by Saltarelli, seconded by Welshr that Tustin's Steering Committee member be authorized to request that the Peters Can- yoN-weir Canyon~A'Eteri~l Highway be considered With 1980 time- frame of the NEOCCS Study and that support be solicited from other cities within the NEOCCS Study area. Carried. In answer to questioning by audience, Mayor Sharp stated that there is no structured committee in City but that he is always glad to meet with any individual or group and report back to NEOCCS. Also, there will be conmlunity workshops in the future. 2. REPRESENTATIVE, COUNTY PARKS MASTER PLAN STEERING COMMITTEE Moved by Edga'r·, seconded' b~zzSchuster,. that LOis Carr be appointed to serve o.n the new County Parks Master Plan ~teer- ing Committee with the understanding Ithat City not to be com- mitted to any policy decisions without prior Council approval. Carried. Council Minutes 5/16/77 Page 5 3. ORANGE COUNTY TRANSIT DISTRICT/NICKEL BUS Moved by Saltarelli, seconded by Welsh, that Council authorize the Mayor to sign letter requesting the extension of the Nickel Bus contract. Carried. 4. WATER FLOW - SIXTH AND "B" STREETS Mr. Rourke stated he would have a report for next Council meet- ing regarding obligations the Water Works would have. Moved by Saltarelli, seconded by Edgar, that this matter be con- tinued to the next regular meeting. Carried. Mr. Cy Nozick, Owner of proposed development at Sixth and "B" Streets, stated he needed an answer from the Councilsrelative to building two buildings separated by a fire wall in lieu of sprinklerin order to obtain his building permit. Council concurred that no decisions could be made until receipt of staff recommendations at next regular meeting. 5. A.B. 1533 - SUPPORTING ISLAND INCORPORATION Moved by Saltarelli, seconded by Edgar, that mailgrams be sent in the name of the Council to Orange County legislators and appropriate committee members, strongly urging passage of AB 1533 and advising that the Orange County League has unani- mously supported the passage of this type of legislation. Carried. XI. NEW BUSINESS 1. E.I.R. 121 - NEWPORT AVENUE (ST. JOHN PLACE TO GREENBRIER) Moved by Saltarelli, seconded by Edgar, to approve Planning Com- mission recommendations to authorize the Mayor to send a letter to the Orange County Planning Co~m~ission recommending the cer- tification of EIR 121 and the endorsement of alternative 2 align- ment. Carried. 2. DRAFT E.I.R. - NEWPORT AVENUE (WASS TO SEVENTEENTH) Council discussed the fact that this would take the right-of- way to the front door of some residents. Mayor Sharp felt the City should ~ake immediate action to get Newport Avenue extended to Edinger. Movedby Edgar, seconded by Schuster, that Council clearly com- mit this extension in 1978-79 budget to an AHFP funding. Council discussed committing future Councils, time involved in applying for PUC approval, and staff recommendations. Substitute motion made by Welsh~ seconded by Saltarelli, that staff be directed to proceed with necessary paperwork as a high priority. Carried. Moved by Saltarelli, seconded by Edgar, that recommendation that Mayor send letter to the Orange County Planning Commission with a recommendation for certification of EIR 301 with an endorse- ment of the project subject to the following items to be con- sidered: a. The creation of remnant dwelling units with non-conform- ing front yard sethack areas; b. Accommodation of bicycle traffic. Carried. Council Minutes 5/16/77 Page 6 Moved by Saltarelli, seconded by Edgar, that staff recommenda- tions with deletion of item "c)" be approved as follows: a) That any additional permanent sign requests by Blums, whether authorized by the Sign Code or not, must be reviewed by the City Council. b) That this proposal set the standard for all signing excepting requests for tenant identification in the center's main structures under the following con- ditions: 1) The wall sign not exceed 30 sq. ft. 2) The aggregate area of the primary identification not exceed 75 sq. ft. 3) Planning staff has the authority to review and approve similar requests within Enderle Center. Mr. Rourke ruled that as long as Mr. Saltarelli declared any interest in the signing, he was eligible to vote. Motion carried. Ayes: Sharp, Edgar, Saltarelli. Noes: Schuster, Welsh. Absent: none. 4. REQUEST TO FILL VACANCY - POLICE DEPARTMENT Council discussed reviewing this request at budget time. Moved by Edgar, seconded by Schuster that authorization~be given to fill requested vacancy. Motion failed. Ayes: Edgar, Schuster. Noes: Saltarelli, Welsh, Sharp. 5. REQUEST - CLOSING HOLT AVENUE, NEWPORT TO IRVINE, FOR TILLER DAY PARADE Moved by SaltareLli, seconded by Edgar, that request be approved. Dr. Fleagle explained that~the formal letter of request had not yet been received and that the developers of the property have opposed blockage of the street after 12:00 noon. Dr. Fleagle recommended continuation of this request until formal request is received. Above motion and second withdrawn~ Moved by Saltarelli, seconded by Edgar, that consideration of this matter be continued pending formal letter of request. Carried. 6. ADDITIONAL CONSULTING FEES, COLUMBUS TUSTIN PARK, PHASE II Moved by Saltarelli, seconded by Edgar, that Co.uncil authorize p~yment of $700.00 as the final design stage of~Columbus Tustin Park, Phase II.. Carried. XII. OTHER BUSINESS 1. A.B. 892 Mr. Rourke explained Bill stating it is an attempt on behalf of the utilities to change ~ng-standing law to gain rights against cities upon vacation of streets. This would result in unwarranted expense to the taxpaying public and should be opposed. Moved by Saltarelli, seconded by Edgar, that a letter in oppo- sition of AB 892 be the Council be sent to Committee on Local . Government of the California Assembly. Carried. Council Minutes 5/16/77 Page 7 2. S.B. 174 FUNDS Presentation on grant proposal presented by Mr. D. Biery and written report presented. Consensus of Council that~this matter be continued to next regular meeting pending study of report. 3. RESOLUTION - PROTESTING PRESIDENT CARTER'S WATER POLICIES Moved by Edgar, seconded by Schuster, that Resolution protesting President Carter's water policies be adopted. Carried. Council- man Saltarelli abstained. 4. 1977-78 H.C.D.A. PROGRESS Program for rehabilitation of property explained by Dr. Fleagle. 5. EL CAMINO REAL STORM DRAIN In answer to questioning regarding E1 Camino Real Storm Drain bid, Mr. Ledendecker stated that EIR has been certified and authorization to proceed should be in shortly. 6. HANDICAPPED PARKING Staff to investigate ordinance authorizing citations to per- sons misusing handicapped parking stalls. 7. 601 DIVERSION PROGRAM Council discussed report presented by Mr. Bopf. ~-. Moved by Sharp, seconded by Welsh, that letter of intent to cooperate in program be sent with proviso that the City can withdraw at any time during the grant. Carried. 8. REVISION IN COMPOSITION OF PARKS AND RECREATION COMMISSION Moved by Welsh, seconded by Saltarelli, that Council proceed with Draft 1 of proposed ordinance revising membership of Parks and Recreation Commission. Carried, XIII. ADJOURNMENT Moved by Edgar, seconded by Saltarelli, that meeting be adjourned to Redevelopment Agency meeting, thence to personnel session, and thence to next regular meeting of June 6, 1977. Carried. ~TY CLERK~~