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HomeMy WebLinkAboutCC MINUTES 1977 03 21 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL March 21, 1977 CALL TO ORDER Meeting called to order ~t 7:33 by Mayor Sharp in the Council Chambers, Centennial at Main, Tustin. PLEDGE OF ALLEGIANCE Led by Councilman Edgar. III. INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: Sharp, Welsh, Schuster, Edgar, Saltarelli. Absent: Councilmen: None. Others present: William L. Bopf, City Administrator R. Kenneth Fleagle, Asst. City Admin. Cormmunity Development James G. Rourke, City Attorney Ruth C. Poe, City Clerk V. CONSENT CALENDAR 1. APPROVAL OF MINUTES - March 7, 1977 regular meeting. 2. RATIFICATION OF DEMANDS in amount Of $383,518.77 CONFIRMATION OF PAYROLL LISTING in amount of $60,632.53 3. ANNEXATION AGREEMENT - approval as recommended by staff. 4. REMOVAL OF BENCHES - CITY CENTER - approval of committee recommendations. 5. RESOLUTION NO. 7~-27 A Resolution of the City Council of the City of Tustin, California, COMMENDING TED W. BARTLETT. Adoption as requested by Council. 6. RESOLUTION NO. 77-28 A Resolution of the City Council of the City of Tustin, DESIGNATING CITY ATTORNEY, ASSISTANT CITY ATTORNEY, AND DEPUTY CITY ATTORNEY. Approval as presented by City Attorney. 7. RESOLUTION NO. 77-29 A Resolution of the City Council of the City of Tustin, California APPROVING PARCEL MAP NO. 77-90. Adoption as recommended by Planning Commission. 8. EXONERATION OF BOND FOR STREET IMPROVEMENTS ALONG BELL AND RED HILL AVENUES. Acceptance of improv~n~ents and authorization for release of surety bond -. recommended by City Engineer. Mr. Richard Ochiai, owner of Kyoto Nursery, requested that item no. 7 be removed for discussion. Moved by Saltarelli, seconded by Schuster, that with~the exception of item 7 the consent calendar be approved. Carried unanimously. Council Minutes 3/21/77 Page 2 Councilman Edgar stated he would not like to be committed for removal of pepper trees at this time. Moved by Edgar, seconded by Welsh, that Resolution be amended by deletion of section calling for possibility of removal of pepper trees at this time. Matter to come back to Council at such time as property is improved and street widened. In answer to questioning, Mr. Ledendecker, City Engineer, stated trees would have to be removed at such time as street is widened. Bond could be posted by owners to assure removal for future widening and improvements. Mr. Richard Ochiai requested that dedication of right-of-way not be required at this time. Property owner does not want to dedicate or put in improvements until such time as property is fully developed. Dr. Fleagle stated that City now asking for irrevocable dedi- cation offer from property owner until development or any struc- tural improvement. Council discussed irrevocable dedication, requirements if one year lease is required. Above motion by Mr. Edgar carried, Councilman Saltarelli voting Councilman Sattarelli stated he could go as far as saying would like an irrevocable offer of dedication for street right-of-way, but didn't think it appropriate to say that if he should extend his lease for another year that he should be forced to at that time dedicate and fix the street, etc. This isgoing too far for just leasing some bare land. It would be wise to remove some restrictions such as those in Section 2-c. In answer to questioning, Mr. Rourke stated the irrevocable lease would stand for all time. Moved by Saltarelli, seconded by Edgar, that Section 2-c be deleted and 2-b be modified that City requests an irrevocable offer of dedication prior to issuance of structural permits for development of property as differentiated from that between the temporary shade structure. Carried unanimously. Moved by Edgar, seconded by Saltarelli, that item 7, Resolution No. 77-29, be approved as amended. Carried. VI. PUBLIC HEARINGS 1. IRVINE-MYFORD ANNEXATION NO. 81 (AMENDED) Continued from 3/7/77. Hearing opened at 8:00 p.m. Mr. R. H. Kopel, TreasUrer of Case-Swayne Co., objected to annexation and requested that their portion be deleted from the annexation. When asked if he would like an executive session to discuss problems, Mr. Kopel stated he could make no other commitment without their attorney and consulting with the Board of Directors. There being no further comments or objections, the hearing was declared closed at 8:03 p.m. Moved by Edgar, seconded by Welsh, that Resolution 77-26 declar- ing there had not been a majority protest, be passed and adopted. Council Minutes 3/21/77 page 3 councilman saltarelli stated that the City is desirous of having Case-Swayne in the City and announced to them that the City intends to extend to them the full courtesies of the City. Mr. Saltarelli requested staff to be in contact with Case-Swayne and discuss any matters of concern they may have; and give them some assurances on any areas of concern they might have relative to the conduct of their business in the future. That is important and the City should offer them that courtesy. He stated he would be happy to meet with them and the staff and try to satisfy any concerns they might have. Consensus of the Council ~hat this should be done. As there is 90% consent to this annexation, the Council extended an invitation to Case-Swayne to withdraw protest and make annexa- tion consent unanimous. Mr. Rourke, City Attorney, stated that only docL~uentation he has seen the only protest filed is from C~se-Swayne Attorney and does not in his opinion Constitute a formal proper protest. Dr. Fleagle stated they have filed no other protest. The following excerpt from Minutes of July 7, 1977, is incorporated as requested by Mayor Sharp: "1. IRVINE-MYFORD ANNEXATION NO. 81 (AMENDED) "Councilman Saltarelli stated that one ~f the major parties who has 'been concerned about this annexation, Mr. Ed Pankey, a long-time resident of Tustin. He suggested that Council should hear protests this evening and before making findings, this matter be continued for two weeks so Mr. Pankey will have time to speak with the City in regard to his problem. "Council unanimously concurred. "Hearing opened at 7:55 p.m. "Mr. Roger Howell, Attorney, 401 CiVic Center Drive West, Santa Ana, representing Mr. Pankey, stated he had no objections to this procedure and that a written protest has been filed and he would like time to confer with Mr. Pankey. "Mr. R. H. Kopel, 1661 E. Palm, Santa Aria, President of Case- Swayne, stated attorney had filed a written protest and that he agreed to the two-week continuance. "Moved by Saltarelli, seconded by Welsh, that this hearing be continued for two weeks to the next regular meeting. Carried." Motionto adopt Resolution No. 77-26 carried by roll call. Ayes: Sharp, Welsh, Edgar, Saltarelli, Schuster. Noes: none. Absent: none. Moved by Saltarelli, seconded by Welsh, that Ordinance No. 716 be introduced. Carried by roll call. Ayes:Sharp, Welsh, Edgar, Sattarelli, Schuster. Noes: none. Absent: none. Moved by Edgar, seconded by Welsh, that Ordinance No. 716 be read by title. Carried unanimously. Moved by Edgar, seconded by Welsh, that Ordinance No. 716 be re- introduced. Carried by roll call. Ayes: Sharp, Welsh, Edgar, Saltarelli, Schuster. ~]oes: none. Absent: none. Council Minutes 3/21/77 page 4 2. PZ 77-2 (HOLT AVENUE) Hearing opened at 8:14 p.m. The following!spOke in opposition to this prezoneland problems of apartments: Sheila Patterson, 14592 Holt Avenue Richard Otteson, 14691 Lean Place Mrs. Ruby Jochas, Tustin Dr. Flea~le explained location of property and that prezone brings area into conformance with the General Plan and extends multi-family up to Flood Control. Partially now developed. There being no further comments or objections, the hearing was declared closed at 8:25 p.m. Moved by Saltarelli, seconded by Edgar, that recommended action p~ approved and City Attorney directed to prepare necessary ordinance. Motion carried unanimously. 3. ZC 77-1 (SAND DOLLAR DEVELOPMENT) Hearing opened at 8:27 p.m. Mr. Bill Asawa, North Golden Circle, spoke in favor of zone change and described development. There being no further comments and no objections, the hearing was declared closed at 8:31 p.m. Moved by Edgar, seconded by Saltarelli, that recommendations of planning Commission be approved and City Attorney directed to prepare the necessary ordinance. Carried unanimously. 4. GENERAL PLAN AMENDMENTS 77-1 a. 77-1 (A) - TUSTIN PLAZA Hearing opened at 8:37 p,.m. Mr. Richard Pierce, 2202 Pavillion Drive, Santa Ana, spoke in favor of amendment, described development, and stated they have a letter allowing use of flood control property surface for other than permanent construction purposes. There being no protests or further comments, the hearing was declared closed at 8:38 p.m. Moved by Welsh, seconded by Schuster, that 77-1 (A), be approved as recommended. Council discussed requested zoning of R-3-2000 and staff recom- mendation of R-3-3000. Moved by Saltare]]i, seconded by Edgar,~ that 77-1 (A) be zoned R-3-2000 with stipulation that the Flood Control portion of the property be utilized for additional off-street parking, as well as landscaping, and recreational amenities forthe total project and presentation of precise plan. Councilmen Welsh and Schuster withdrew original motion and second. Council discussed density, use of flood control_property and intent of motion that this will require total development pre- cise plans. Above motion of Mr. Saltarelli carried unanimously. Council Minutes 3/21/77 Page 5 Dr. Fleagle said that as this was a change from recormmendation this would necessitate going back to Planning Commission for report before Council final action. b. 77-1 (B) - RED HILL LUTHERAN Hearing opened at 8:50. There being no protests or comments the hearing was declared closed. Moved by Edgar, seconded by Saltarelli, that City Attorney be directed to prepare a resolution upholding recormmendations of Planning Commission approving this General Plan~Amendment. Carried. c. 77-1 (C) - EASTERLY OF NEWPORT AVENUE Hearing opened at 8:52. There being no protests or comments the hearing was declared closed. Moved by Schuster, seconded by Welsh, that City Attorney be dir- ected to prepare a resolution uphold. in9 finding of the Planning Commission and approving the General Plan ~Amendment. Carried. VII. PUBLIC CONCERNS 1. AGENDA BACKGROUND Mr. Tom Kelly spoke on need for= some explanation of public hearing matters so that audience would have the information and be ~able to react~ Other members of the audience concurred with Mr. Kelly's comments. Mayor requested staff to come back to Council with recommendations that would meet this concern of the public. 2. PERCENTAGE OF APARTMENTS IN CITY HOUSING In answer to questioning from the public, members of the Council and Dr. Fleagle stated that as the City expands the percentage of multiples will dEop to 20%. In Tustin sphere of influence it will be 35% or less. Many apartments were built and still are in the Coanity. 3. LARWIN SQUARE In answer to questioning by one of the Larwin Square merchants, Dr. Fleagle explained that there had been delays in the redevelop- ment but that the City is in no way involved and that the Merchants Association had been advised to contact either the owner or architect for any information. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 714 An Ordinance of the City Council of the City of Tustin ADDING CHAPTER 8 OF ARTICLE 3 OF THE TUSTIN CITY CODE RELATIVE TO GARAGE SALES. Moved by Edgar, seconded by Welsh, that Ordinance No. 714 have second reading by title only. Carried unanimously. Council Minutes 3/21/77 page 6 Moved b~z Welsh, seconded b~z Edgar that .Ordinance No. 714 be passed and adopted. Carried by roll call. Ayes: Sharp, Welsh, Edgar, Saltarelli, Schuster. Noes:none. Absent: none.? 2. ORDINANCE NO. 715 An Ordinance of the City of Tustin, California, AMENDING THE FIRE ZONES OF THE CITY OF TUSTIN. Moved by Edgar, seconded by Saltarelli, that Ordinance No. 715 have second reading by title only. Carried unanimously. Mo~ed by Welsh, seconded b~z Schuster, that Ordinance No. 715 be passed and adopted. Carried b~; roll call. Ayes: Sharp, Welsh, Edgar, Saltarelli, Schuster. Noes: none. Absent: none. IX. ORDINANCES FOR INTRODUCTION None. ~ ' ~ X. OLD BUSINESS 1. CONSIDERATION OF CITY HALL PROPERTY - E1 Camino, Second and Third Streets Moved by Edgar, seconded by Schuster, that Council delay action on sale of subject property. Council discussed alternatives, the fact that going for bid does not commit the City to sell and staff report. Moved by Welsh, seconded by Saltarelli, that Council approve Alternate No. 1. Motion withdrawn. ! 1 Vote on original motion: motion failed. Councilmen Welsh, Sharp, Saltarelli, Voting no. Moved by Welsh, seconded by Saltaretli, that Council approve alternate i to put the property up for bids to get an accurate picture of the property's value at no cost to the City and at no obligation to sell, giving the COuncil a chance to evaluate kind Of devel0pments~propOsed and effect on aims of Council and RedevelOpmerit Agency. Resolution to be prepared ~for proposals. Council discussed enforcing conditions of development and possi- bility of moving fire station to old public works site at Columbus Tustin Park. Mr. Rourke stated that enforceable conditions could be structured at time of l~roposals. or sale that would limi:t development. Above motion carried by roll call vote. Ayes: Sharp, Welsh, Saltarelli, Schuster. Noes: Edgar.' Absent: none. 2. YOUTH REPRESENTATIVE - PARKS & RECREATION COMMISSION Council discussed having representative from Tustin Area Sports Council, need for more than just sports interests. Moved by Edgar, seconded by Welsh that this matter be sent to the Parks and Recreation Commission for report and recommendations to Council at the Council meeting of April 18, 1977. Carried. 3~ · SOLICITATION OF SUPPORT -'CITY DEPARTMENTS Moved by Welsh, seconded by Edgar, that present policy be reaffirmed and matter be tabled indefinitely. Carried. Council Minutes 3/21/77 Page 7 4. LEAGUE BUILDING ASSESSMENT Council discussed ramifications of not~ contributing to this building fund. City Attorney directed to review by-laws of the League of California Cities to determine ramifications of not paying assessment and report back to Council, and! that Orange County League dues be agendized for next meeting. XI. NEW BUSINESS 1. HOUSING AUTHORITY ~ · Moved by Saltarelli, seconded by Welsh, that Council approve Alternate 2 to: have staff review the positive and negative aspects of a City Housing Authority and report in 30 days. Carried. 2. COMMITTEE APPOINTMENTS Mayor Sharp recommended the following committee appointments: Sanitation District l - Representative, James Sharp = Alternate Donald Saltarelli Sanitation District 7 - Active Alternate Donald Saltarelli Alternate James Sharp Vector Control District - Representative Ralph Welsh Alternate Stephen Schuster PADS - Representative Stephen Schuster Alternate Ralph Welsh League Of Cities .I - Representativ~e Ralph Welsh - Alternate Richard Edgar Santa Ana Flood Control - Richard Edgar NEOCCS - James Sharp Bicycle Committee - Stephen Schuster Planning Expo '81 - Richard Edgar Councilman Edgar announced that he had started plans for Tustin's 50th anniversary and Council concurred he should carry on with plans ~ Moved by Welsh, seconded by Saltarelli, that recommended appoint- ments of the Ma~zor be approved. Carried. 3. 1978 SECTION 2156 REVIEW - PROGRESS IN CONSTRUCTION AND IMPROVEMENTS ON CITY AND COUNTY STREETS. Moved by Edgar, seconded by Schuster that resolution expressing CounCil concern be prepared. !Carried. 4. PROPOSED AMENDMENT NO. 77-1 CIRCULATION ELEMENT OF THE ORANGE COUNTY GENERAL PLAN Council concurred that Mayor should communicate with Orange County Planning Commission and Board of Supervisors, members of NEOCCS and an attempt be made to remove this proposed amendment from County agenda. Council Minutes 3/21/77 page 8 xII. OTHER BUSINESS 1. COMMUNITY BUILDING FEES AND USES Mr. Saltarelli objected to a small fee basis for Community Building when used by non-residents for classroom purposes. 2. CHANGE IN U.S.M.C. AIR FACILITY NAME Mr. Saltarelli suggested communicating with Air Station for change of signing to eliminate Santa Ana in name and use Tustin. Mr. Schuster stated he had contacted Col. Young and it would cost about $1%-mi!lion to change all approved signing. Mr. ~Saltaretli suggested just asking change on sign at front entrance at this time. 3. SUPERVISORIAL DISTRICTS Mr. Saltarelli commented on r~e-distrieting. Tustin now in District 5 and north Tustin area in District 3. Mr. Saltarelli stated he would like to see all of Tustin sphere of influence in one district. He then offered to contact Foothill Homeowners Association and get their input and feeling on the matter. 4. WATER CONSERVATION Resolution to be prepared for next Council meeting. 5. UPDATE ON CITY PROJECTS Councilman Edgar requested a status report on McFadden interconnect signal and E1 Camino Storm Drain, to be presented at every meeting. Mr. Edgar also requested analysis of markets on First Street. 6. NEWPORT AVENUE TREES Councilman Edgar recommended that trees on west side of Newport be put in place. Mr. Bop~ stated cost in tree boxes would be approximately $4,500 and project had been deferred to next year's budget. 7. CLIFTON C. MILLER MEMORIAL Moved b~x Edgar, seconded b~x Saltarelli~ that the Community B'Uilding be named the Clifton C. Miller Con~nunity Center. Carried. 8. PADS Councilman Schuster reported he would have a complete report at next Council meeting. 9. BUS STOP BENCHES Staff will be looking into placing benches at Walnut. Council requested survey of bus stop and need for budgeting additional benches. 10. UNDESIRABLE MOVIES Staff requested to consider and report on any action that could be taken to prevent certain movies from being shown in Tustin. Council Minutes 3/21/77 page 9 xIII. ADJOURNMENT ~ayor Sharp declared the meeting adjourned to an executive session and thence to next regular meeting of April 4, 1977.