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HomeMy WebLinkAboutCC MINUTES 1977 02 07 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN February 7, 1977 CALL TO ORDER Meeting called to order at 7:30 p.m. by Mayor Edgar. II. PLEDGE OF ALLEGIANCE Led by Councilman Saltarelli. III. INVOCATION Given by Councilman Welsh. IV. ROLL CALL Present: CounciLmen: Edgar, Sharp, Saltarelli, Welsh, Schuster. Absent: Councilmen: None. Others present: William L. Bopf, City Administrator R. K. Fleagle, ASsistant City Administrator, Community Development Director James G. Rourke, City Attorney Ruth C. Poe, City Clerk V. PUBLIC HEARINGS None. VI. PUBLIC CONCERNS 1. PROPOSED BIKE TRAIL (COUNTY AREA) The following City residents adjacent to the proposed bike trail spoke in opposition of this trail, citing privacy, noise, easy access to their property, lack of visibility for Police patrol, etc. It was also suggested that this trail be placed on Bryml between Red Hill and Browning at a considerable less cost. Anita Austin, 13351 Nixon Circle Alice Anderson, 1360 Olwyn Drive Belinda Lenin, 13261 Nixon Circle Barbara Parker, 1811 Stonehenge Drive Council requested that Councilman Schuster find out current status from County, call a meeting of the Bicycle Trail Com- mittee for recormmendations, and report to Council. 2. REQUEST FOR SIDEWALKS - Prospect between Third and Main The following spoke requesting this sidewalk: Mr. Walt Fredriksen Mrs. Nell Gillespie, 240 E. Third (representing approximately 58 residents) Council requested that City Engineer develop cost estimate for next regular meeting. Council and Mr. Fredriksen commended Mr. John Prescott for sidewalk installed on his property on Prospect and Third. Letter of appreciation to be sent to Mr. Prescott. 3. CITY'S 50TH ANNIVERSARY Mayor Edgar reported that Mr. Walt Fredriksen had accepted Chairmanship of an Old Timers Picnic September 25 celebrating City Council Minutes 2/7/77 Page two 50 years of incorporation and that he had asked the City Clerk to organize the League of Cities General Meeting on September 22. 4. COMMENDATIONS Council commended the following: Maintenance Department (Red Hill tree problem corrections) Engineering Department (Newport Avenue completed) Brian Chase (outstanding service) Hugh West (Boy Scouts of America Award) VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - January 17, 1977 regular meeting January 26, 1977 adjourned meeting January 31, 1977 adjourned meeting 2. RATIFICATION OF DEMANDS in amount of $426,823.96 CONFIRMATION OF PAYROLL in amount of $57,537.95 3. CLAIM OF OTTO WESTBY Denial as recommended by Insurance agent and City Attorney 4. RESOLUTION NO. 77-16 A Resolution of the City Council of the City of Tustin, California, IN SUPPORT OF DEATH PENALTY LEGISLATION WHICH IS CONSISTENT WITH U. S. SUPREME COURT DECISION GUIDELINES. 5. GRANT OF EASEMENT - COLUMBUS TUSTIN PARK SITE PHASE I Approval as recommended by City Engineer. 6. DEVELOPMENT OF COLUMBUS TUSTIN PARK WITH REVENUE SHARING FUNDS Approval as recommended by Parks and Recreation Director. 7. RESOLUTION NO. 77-15 A Resolution of the City Council of the City of Tustin, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION. 8. WILHELM PICH RELOCATION CLAIM Authorization for Mayor to sign necessary documents. 9. SHARON FROST CLAIM Authorization for Mayor to sign necessary documents. Items No. 6 and 7 withdrawn by Council. Moved by Welsh, seconded by Saltarelli, that items 1, 2, 3, 4, 5, 8 and 9 of the Consent Calendar be approved. Carried unanimously. 6. DEVELOPMENT OF COLUMBUS TUSTIN PARK WITH REVENUE SHARING FUNDS Council discussed this revenue sharing and the fact that this is a maximum amount and anything less would be on a sharing basis. Moved by Sharp, seconded by Welsh, that amended agreement for Kevenue ~narlng De approved relative to Columbus Tustin Park~ Carried. City Council Minutes 2/7/77 Page three 7. NEWPORT AVENUE A.H.F.P. PROJECT Mayor Edgar to send letter to contractor commending him for the way this construction was handled. Staff to investigate and report to Council on availability of funds in this fiscal year to place trees along bike trail on Newport Avenue. City Engineer to prepare a cost estimate for curbs, gutters and sidewalks where missing on east side of Newport between Main and Laguna. Moved by Saltarelli, seconded by Sharp, that Resolution No. 77-15, accepting works of improvement, be passed and adopted. Carried. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 710 ~ Ordinance of the Cityof Tustin, California, REVISING THE OFFICIAL HOLIDAYS UPON WHICH OFFICES OF THE CITY SHALL BE CLOSED. Moved by Saltarelli~ seconded by Welsh, that Ordinance No. 710 have first reading by title. Carried unanimously. Moved by Saltarelli, seconded by Schuster, that Ordinance No. 710 be introduced. Carried~ 2. ORDINANCE NO. '711 An Ordinance of the City Council of the City of Tustin, California, REVISING PRIMA FACIE SPEED LIMITS ON CER- TAIN STREETS. Moved by Welsh, seconded by Sharp, that Ordinance No. 711 have first reading by title. Carried unanimously. 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 Saltarelli, seconded by Welsh, that Ordinance No. 712 have first reading by title only. Carried unanimously. Moved by Welsh, seconded by Sharp, that Ordinance No. 712 be introduced. Carried. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 702 An Ordinance of the City of Tustin, California, PROVIDING FOR THE LICENSING OF FIGURE MODEL STUDIOS IN THE CITY OF TUSTIN. In response to questioning, Mr. Rourke stated that a use per- mit is needed at this time, but they could be subject to chal- lenge. This ordinance is the best tool to enable police to regulate and it puts the City in a better posture to have both this regulating ordinance and the use permit procedure. City Conncil Minutes 2J7/77 Page four Council discussed pros and cons of legality and the ordinance as presented, an ordinance p~Ohibiting entirely and dependence on a use permit with no other regulations or prohibitions. Moved by Sharp, Seconded by Edgar, that Ordinance No. 702 have second reading by title. Carried. M6ved by Schuster, seconded by Edgar, that Ordinance No. 702 be passed and adopted. Motion failed by roll call vote. Ayes: Edgar, Schuster. Noes: Saltarelli, Sharp, Welsh. Moved by Sharp, seconded by Welsh, that staff be directed to look into the feasibility of an Ordinance prohibiting figure model studios. Carried. 2. ORDINANCE NO. 707 An Ordinance of the City CounCil of the City of Tustin, California, PREZONING CERTAIN PROPERTY TO THE COMMERCIAL GENERAL DISTRICT ON APPLICATION PZ 76-2 INITIATED BY THE PLANNING COMMISSION. Moved by Saltarelli, seconded by Sharp, that Ordinance No. 707 have second reading by title. Carried unanimo~sl~ Moved by Sharp, seconded by Welsh, that Ordinance No. 707 be passed and adopted. Carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. 3. ORDINANCE NO. 708 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO SALES AND USE TAX. Moved by Saltarelli, seconded by Welsh, that Ordinance No. 708 have second reading by title. Carried unanimously. Moved by Welsh, seconded by Sharp, that Ordinance No. 708 be passed and adopted. Carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. X. OLD BUSINESS 1. TREE REMOVAL PROGRAM Moved by Welsh, seconded by Saltarelli, that staff recommenda' tions be incorporated in the general policy'.' Council concurred that statement no. 5 be changed to read as follows and motion include this modification: "5. Where the hazard can be corrected without the tree's removal, such a step shall be taken pro- viding the cost of such a correction measure is within the range budgeted for such purposes." Motion carried as modified. 2. REPORT ON FRONTIER PARK ACTIVITIES Council discussed ways of dealing with the problems in this park including costs of surveillance, use of funds for phy- sical improvements from State Bill 174. Moved by Welsh, seconded by Saltarelli, that park be closed at sundown during this emergency as a temporary measure and staff park with a park monitor until sundown. Carried. City Council Minutes 2/7/77 Page five It was ~uggested that staff prepare an ordinance that will allow the closingof any. park causing trouble. XI. NEW BUSINESS t. COMPREHENSIVE COMMUNITY FIRE PROTECTION MASTER PLAN STEERING COMMITTEE Moved by Welsh, seconded by Saltarelli, that Mayor Edgar be appointed to serve on this steering committee. Carried. 2. PERSONNEL PROMOTIONS Moved by Edgar, seconded by Welsh, that recommended p~omotions be approved and be approved as Acting so that individuals are clearly designated for that role with no change in salary at this time. Mayor Edgar clarified that this action could be discussed at budget time and in no way commits the Council to ratification at that time. Above motion carried, COuncilman Saltarelli voting no. 3. DATA PROCESSING FOR-THE FIRE DEPARTMENT Moved by Saltarelli, seconded by Edgar, that this activity be authorized with intent of consideration for next fiscal year. Carried. 4. 1976 PARK BOND ACT FUNDS In answer to questioning, Mr. Biery, Parks and Recreation Dir- ector stated that, the three baseball diamonds are designed for Little League or adult softhall size. Goal is to light total multipurpose athletic facility. Council concurred that the~Parks and Recreation CormRission be directed to come up with specific plans for Columbus Tustin Park Phase I completion and for building site. 5. SYCAMORE AVENUE PEDESTRIAN WALKWAY 6. REQUEST FOR SIGN PROVISION EXEMPTION - 1161 Irvine Blvd. 7, TRANSFER OF FUNDS FOR REDEVELOPMENT AGENCY Moved by Saltarelli, seconded by Welsh, that New Business Items 5, 6, and 7 be approved as recommended. Carried. 8. CHAMBER OF COMMERCE BROCHURE MOved by Saltarelli, seconded by Welsh, that staff be authorized to place an appropriate advertisementin the Chamber Information booklet at a cost not to exceed $300. Carried. 9. ANIMAL CONTROL AGREEMENT Moved by Welsh, seconded by Saltarelli, that City Administrator be authorized to notify the Board of Supervisors that the City wishes to renew its agreement for animal control services cover- ing period from July 1, 1977 through June 30, 1978. Carried. 10. REQUEST FOR EXEMPTION TO SIGN ORDINANCE 684 - Don Williams Laguna Road 11. REQUEST FOR EXEMPTION TO SIGN ORDINANCE - Mervyn's Department Store City Council Minutes 2/7/77 Page six Moved by Saltarelli, secondedlby Edgar, that staff recommended action on both items 10 and.ll be,approved. Carried. 12. EMPLOYEE RECOGNITION - HUGH WEST Council commended Mr. West and directed that a letter so stating be given to Mr. West. XII. OTHER BUSINESS 1. REQUEST FROM RAP CENTER Council concurred that the City should have an organization providing service for teenagers. -Councilman Welsh was requested to get further information and that this matter be agendized for two regular meetings from now, with a reconun&nda~ion from the Parks and Recreation Commission, City Attorney, and City Administrator on how the City could sponsor this group. 2~ PROMOTIONS ~ Chief Kelly asked for clarification of motion regarding pro- motions in the Police Department as acting without compensation. Mayor Edgar stated that his thought was that each of these indi- viduals remain at the same pay until the end of fiscal year and keep their schedules. For example, a sergeant would still be eligible for overtime pay and an agent would still be paid as an agent, but with responsibility of acting sergeant. Chief Kelly explained his promotion request and stated the agent's position would not be filled and there is already one agent vacancy, so talking about a 2%% difference as opposed to a ~% difference in promotionsrate. Mayor Edgar stated that his logic is that each of these indivi- duals if currently willing to accept these roles as acting and at current pay status until July 1, will then have a salary increase that Council will have to consider and they will have that raise on that date and City will not get into giving a man a raise putting him in a step position, and putting him into a general raise so that he will be getting perhaps 3 raises in next 3 months, but rather one raise that is fair and fitting. Chief Kelly stated he believed this would be a deviation from the personnel policies that haveexisted,for. promotions in the past. Also, he would question it on the matter of principle as to whether you have a man accept additional responsibility without getting compensated accordingly. 3. FAIR POLITICAL PRACTICES COMMISSION Councilman Welsh asked that some action be taken protesting the fact that members of the Communist Party do not have to disclose campaign eontributors. Consensus of Council that staff verify this fact and ask the League of Cities what action they have taken. 4. RIGHTS OF CRIMINALS Councilman Welsh felt that the law protecting a criminal in your home whereby if they get hurt they can sue should be pursued and brought before the League. City Council Minutes 2/7/77 Page seven 5. GENERAL PLAN AMENDMENTS In answer to questioning, Dr. Fleagle explained the law author- izing General Plan Amendments July 1 and two other times during the year. After further discussion pertaining to law and requirements for an EIR on each amendment to be separately considered and circulated, it was directed that this matter be agendized for next regular meeting. XIII. ADJOURNMENT Mayor Edgar declared the meeting adjourned to a meeting of the Redevelol~aent Agency, thence to an executive session, and thence to an adjourned meeting February 15, 1977, at 5:00 p.m. Next regular meeting to be Tuesday, February 22, 1977, at 7:30 p.m. ~TY C~