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HomeMy WebLinkAboutCC MINUTES 1977 02 22 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL February 22, 1977 CALL TO ORDER Meeting called to order at 7:30 p.m. by Mayor Edgar, in the Council Chambers, Centennial at Main. II. PLEDGE OF ALLEGIANCE Led by Councilman Sharp. III. INVOCATION Given by Councilman Saltarelli, followed by one minute of silent~ prayer for Clifton Miller and family. IV. ROLL CALL Present: Councilmen: Edgar, Sharp, Saltarelli# Welsh, Schuster. Absent: Councilmen: None. Others present: William L. Bopf, City Administrator R. Kenneth Fleagle, Asst. City Admin. for Community Development James G. Rourke, City Attorney Ruth C. Poe, City Clerk PRESENTATION Mayor Edgar presented proclamation to Red Cross representative proclaiming the month of March as "American National Red Cross month in Tustin". V. PUBLIC HEARING 1. APPEAL - U.P. 76-33 - SCHOOL MAINTENANCE YARD Dr. Fleaqle explained the plans for the yard, stating there \ were ten buses used this year, but plans provided for 45. Hearing opened at 7:35 p.m. Mr. Dan Klinkhammer, 1800 Avenue of the Stars, Los Angeles, and part owner of California Apartments adjacent to proposed maintenance yard and bus parking, spoke objecting to the parking area being located directly behind the apartments from both a noise factor and exhaust pollution. He presented a noise study he had had done by acoustical engineers. He suggested that plans be flipped to put buses at other end of the yard. Mr. Larry Sutherland, Business Manager for the School District, stated tests had been made and noise level was within prescribed limits and they believed moving buses to other end would be a hazard to children. Mr. William Jordan, Carfax Avenue, spoke in favor of existing plan. Council discussed traffic problems, existing plans, conflict- ingreports of noise element, landscaping, and need for build- ing permits and complying with zoning. Moved by Schuster, seconded by Welsh, that a test be made by County Health Department to determine the noise factor and matter be returned to Council for consideration. Council, applicant and appellant agreed that this be done under exact conditions (buses left overnight for cold starting) with expenses of approximately $300.00 to be shared. Motion carried, Councilman Welsh abstaining. Council Minutes 2/22/77 page vI. PUBLIC CONCERNS Mrs. Ursula Kennedy spoke requesting that Council reaffirm the Bryan-Myford site for location of new Saddleback campus. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - February 7, 1977 regular meeting. February 15, 1977 adjourned meeting. 2. CONFIRMATION OF PAYROLL in amount of $58,072.52 RATIFICATION OF DEMANDS in amount of $70,021.72 3. RESOLUTION NO. 77-18 A Resolution of the TustinCity Council APPROVING THE CITY OF TUSTIN PORTION OF THE 1980 FUNCTIONAL USAGE STUDY, THE URBAN AREA BOUNDARIES OF SAID CITY, AND THE DESIGNATION OF FEDERAL -AID URBAN ROUTES IN SAID CITY. Adoption as recommended by City Engineer. 4, RESOLUTION NO. 77-19 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION. (Third St. curb and gutter) Adoption as recommended by City Engineer. 5. RESOLUTION NO. 77-20 A Resolution of the City Council of the City of Tustin, California, DECLARING THE MONTH OF MARCH TO BE BURGLARY PREVENTION MONTH. Adoption as requested by Orange County Criminal Justice Council. 6. EMPLOYEE RECOGNITION Approval of letter commending Hugh West as requested by Council. 7. RESOLUTION NO. 77-21 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP 76-86. Adoption as recommended by Community Development. 8. RESOLUTION NO. 77-22 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 76-88 ON BEHALF OF THE J. A. STEWART DEVELOPMENT COMPANY. Adoption as recommendedby Community Development. 9. RESOLUTION NO. 77-23 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 76-89 ON APPLICATION OF THE CITY OF TUSTIN. 10. TRAFFIC SIGNAL INSTALLATION AT NEWPORT FREEWAY AND IRVINE BOULEVARD Authorization for execution of agreement as recommended by City Engineer. Council Minutes 2/22/77 Page 3 Council requested items 3, 6 and 10 be removed from Consent Calendar. Moved byWetsh, seconded by Saltarelli, that Consent items 1, 2, 4, 5, 7, 8 and 9 be approved. Carried unanimously. 3. RESOLUTION 77-18 In answer to questioning, Mr. Ledendecker, City Engineer, stated that this resolution is not connected with NEOCCS and is an update of arterial highways for Federal funding. Councilman Sharp requested that if time allowed, Council receive copies of highway subjects prior to required action and that matter be continued to next regular meeting. 6. EMPLOYEE RECOGNITION Mayor Edgar read and presented letter to Mr. Hugh West in recognition of his Silver Beaver Award. 10. TRAFFIC SIGNAL INSTALLATION - NEWPORT FREEWAY AND IRVINE BOULEVARD Mr. Ledendecker explained location and necessity of signal. Moved by Saltarelli, seconded by Welsh, that Mayor be author- ized to execute agreements authorizing installation of traffic signals and ramp modification onStateRoute 55 at Irvine Boulevard under the FAU program. Carried. VIII. ORDINANCES FOR INTRODUCTION NONE. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 710 An Ordinance of the City of Tustin, California, REVISING THE OFFICIAL HOLIDAYS UPON WHICH OFFICES OF THE CITY SHALL BE CLOSED. M0vedbySaltarelli~ seconded by Welsh, that Ordinance No. 710 have second reading bytitle. Carried unanimously. Moved by Welsh, seconded by Sharp, that Ordinance No. 710 be passed and adopted. Carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. Absent: none. 2. ORDINANCE NO. 711 An Ordinance of the City Council of the City of Tustin CalifOrnia, REVISING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS. MoVed by WelSh, seconded bySharp, that Ordinance No. 711 have second reading by title~ Carried unanimously. Moved by Welsh, seconded by Sharpi that Ordinance No. 711 be passed and adopted. Carried by r011 call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. Absent: none. Council Minutes 2/22/77 Page 4 3. ORDINANCE NO. 712 An Ordinance of the City Council of the City of Tustin ADDING ARTICLE 1, CHAPTER 8 TO THE TUSTIN CITY CODE RELATING TO THE TIME LIMIT FOR SEEKING ADMINISTRATIVE MANDAMUS AS A JUDICIAL REVISION OF CITY ADJUDICATORY DECISIONS. Moved by Sharp, seconded by Welsh, that Ordinance No. 712 have second reading by title. Carried~unanimously. Moved by Welsh, seconded by Saltarelli, that Ordinance No. 712 be passed and adopted. Carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. Absent: none. X. OLD BUSINESS 1. PROSPECT AVENUE SIDEWALK INSTALLATION Council discussed ways of financing and requesting property owners to voluntarily install these walks. Moved by Saltarelli, seconded by Welsh, that a letter from the Mayor be sent to property owners expressing concern and requesting voluntary installation. Carried. 2. RECOMMENDATION RE EXPENDITURE OF 1976 STATE BOND ACT ($85,000) AND SENATE BILL 174 ($15,000) FUNDS Council discussed County sharing of cos~sl priority of parks and ~mprovements, phases of Columbus Tustin Park, etc. Moved by Edgar, seconded by Sharp, that City make a commitment of all elements listed for Columbus Tustin Park, which is about $125,000. That includes lighting the second ball diamond, installing parking lot, the concrete walkway, the handball complex, lighting the tennis courts and handball courts and modifying the existing bhildings. Commit half of our bond money to that, with the hope that we can get a matching commitmenE from the County and then in addition commit not only the $15,000 that is identified in first sheet of report for Frontier Park, but also the $3,000 for lighting the hand- ball court and the $2,000 for vandalism-proofing so that can improve Frontier Park and that would amount ~o approximately $20,000. As a third element, light tennis courts at Currie School. All of this would commit to this year's $15,000 from SB 174, nex~ year's 8B 174 and the bond. This to be a commitment with direction to the Parks and Recreation Commis- sion to see if this can be accomplished and then submit to Council for formal action. Councilman Saltarelli stated that Council should see plans before modifying Frontier Park and it was speculative to decide what to do with monies we don't yet have. Moved by Saltarellil seconded by Welsh, that report be received and filed. Carried. Moved by Saltarelli, seconded by Welsh, that City request County to match the $85,000 to continue improvements on Colum- bus Tustin Park. Carried. No action taken on SB 174 monies--specific plans to be pre- sented for Frontier Park including fencing. Council Minutes 2/22/77 Page 5 3. FRONTIER PARK CLOSING TIME Moved by Saltarelli, seconded by Welsh, that Frontier Park be closed from sunset to 6:00 a.m. the following morning. Carried. 4. ULTIMATE EVALUATION FOR ULTIMATE IMPROVEMENTS ON NEWPORT AVENUE Council d~scussed means of funding and possibility of property owners installing improvements on voluntary basis. Moved by Edgar to commit in principle to east side widening and explore most economical way to do it. Motion died for lack of second. Moved by Saltarelli, seconded by Welsh, that staff contact property owners and consider in next fiscal year budget. Carried. 5. UTT PARK After discussion as to alternative courses of action relative to disposition of Utt Park site and actions to be taken with the State, it was the consensus of the Council that City coop- erate with CalTrans, making sure that all mitigating circum- stances are understood. XI. NEW BUSINESS 1. PROPOSED ANNEXATION - RED HIIL AVENUE-MELVIN WAY Council discussed annexatien boundaries as presented, costs of taking streets, costs of services required in resident- ial and commercial districts on this and other annexations. Moved by Saltarelli, seconded by Welsh, that staff prepare a cost analysis on this annexation by next regular meetin9 for consideration. Carried. 2. JOINT FUELING FACILITY Moved by Welsh, seconded by Schuster, that the Mayor be authorized to execute a joint sharing agreement with the SchoolDistrict for'the use and maintenance of a joint fueling facility to be constructed on the site of the new City Maintenance Yard provided agreement is acceptable as to form by the City Attorney. Carried. 3. EDUCATION INCENTIVE - ENGINEERING DEPARTMENT Moved by Salt~relli, seconded by Welsh, that the City Counci~ authorize the payment of an additional five percent compensation to Mr. Dale Wick, Assistant City Engineer, in recognition of his registration as a Registered Professional Civil Engineer. Carried~ 4. UNEMPLOYMENT COMPENSATION Moved by Welsh, seconded by Saltarelli, that the City of Tustin communicate with the Los Angeles County Board of Supervisors, the Orange County Division of the League of California Cities, the State~=League office, and the Orange County Board of SuperviSors, indicating that it objects to the subject law and would entertain further investigation regarding any appropriate legal challenge that could be brought on behalf of the taxpayers of California. Carried. Council Minutes 2/22/77 Page 6 5. DISPOSITION OF YOUTH CENTER PROPERTIES Moved by Saltarelli, seconded by Welsh, that the City staff be authorized to conduct a reviewof the necessary repairs that must be made to the building to place it in a safe' status before it can be used for public occupancy; that the staff be authorized to retain the assistance of a structural engineer, as required, to obtain this necessary report. Following the receipt of that report, that this property be placed for sale in its present zoning classification for disposition to the highest bidder~ Carried. 6. INTERIM FUNDING - REDEVELOPMENT AGENCY Moved by Saltarelli, seconded by Welsh, th'at the City Council loan the amount of $2000 to the Redevelopment Agency for mis- cellaneous and legal expenses through the balance of the fis- calyear. This amount is to be combined with the previously authorized $1000 for consulting services and the $4,025 ori- ginally authorized for legal services. This would bring the total amount authorized by the City COuncil for expenditure on the Redevelopment Agency to $7,025. It is made clear by this action that this amount is provided as a loan only to the Redevelopment Agency and is intended to be reimbursed to the City through increment funding to be received by the Redevelopment Agency in the near future. Carried. 7. APPLICATION FOR FISCAL YEAR 1977-78 SB 821 BICYCLE AND PEDESTRIAN FACILITY FUNDS. Moved by Edgar, seconded by Welsh, that submittal of a pro- posed project for the construction of bicycle and pedestrian ~acility improvements located northerly of Beneta Way from Prospect Avenue to 500' easterly of Shasta Way to the South- ern California Association of Governments and requesting SB 821 facility funds is hereby authorized as recommended in the letter dated February 16, 1977~ from the City Engineer. Carried. An answer to questioning as to City liability, Mr. Rourke stated that the City is liable for 0nly dangerous or defective conditions of which the City had knowledge. XII. OTHER BUSINESS 1. GARAGE SALES Moved by Saltarelli, seconded by Schuster, that Section 3803 of proposed ordinance be deleted and ordinance include that only one garage sale per applicant every three months and sale to continue for two weekends only. Carried. 2. REPORT ON A.B. 3121 PROGRESS Report presented and Chief Kelly stated he would keep the Council informed of any recommendations or developments. City Administrator to prepare a report. 3. FISCAL IMPACT MEASUREMENT PROCESS Council requested that report be made on costs per acre or lineal foot for maintenance of center islands. 4. TUSTIN CODE - STATUS REPORT No action necessary. Council Minutes 2/22/77 Page 7 5. POPULATION COUNTY ISLANDS TO HELP DEFRAY PARK COSTS Moved by Sharp~ seconded by Saltarelli, that Mayor sign letter to the County requesting population credit from County islands to help defray park costs. Carried. 6. POLICE VACANCIES Moved by Welsh, seconded by Saltarelli, that matter of Police vacancies be agendized for nex~ regular meeting for reconsider- ation. Carried. 7. CITY REPRESENTATIVE - HISTORICAL SOCIETY Moved by Edgar, seconded by Saltarelli, that Don Biery, Parks and Recreation Director, be appointed City representative to the Tustin Historical Society. Carried. 8. NICKEL BUS Letter from Cormsunity Enterprises relative to assignment of contract to Educational and Recreation Services received. Moved b~ Welsh, seconded by Edgar, that assignment be approved subject to approval by Orange County Transit District. Carried. Moved by Welsh, seconded by Sharp, that the Dial-A-Ride system be pursued with Orange County Transit District. Carried. 9. USE OF CITY BENCHES In answer to questioning, the replacing of City benches now used as blockades is being considered by the Parks and Recrea- tion Commission for inclusion in next year's budget. XIII. ADJOURNMENT There being no further business, the meeting was declared adjourned to Redevelopment Agency meeting, thence to an executive session and thence to the next regular meeting of March 7, 1977.