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HomeMy WebLinkAboutCC MINUTES 1977 01 17 MINUTES OF A REGULAR MEETING TUSTIN~ CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN January 17, 1977 CALL TO ORDER Meeting called to order at 7:30 p.m. by Mayor Edgar. II. PLEDGE OF ALLEGIANCE Led by Councilman Schuster. III. INVOCATION Given by Mayor Edgar. IV. ROLL CALL Present: Councilmen: Edgar, Schuster, Sharp, Welsh, Saltaretli Absent: Councilmen: None. Others present: William L. Bopf, City Administrator R. K. Fleagle, Asst. City Administrator for Community Development James Rourke, City Attorney Ruth C. Poe, City Clerk PRESENTATIONS Mayor Edgar presented the following: 1. Plaque to Steve Sawin for services on Traffic Commission 2. Proclamation to Athletes in Action 3. Proclamation to Tustin Junior All American FOOtball Western Little League presented a donation of $1,000 for Columbus Tustin Park ball fields. V. PUBLIC HEARINGS 1. PREZONE 77-1 Location: IrvineRanch land easterly of Browning, northerly of Santa Aria Freeway, southerly of Irvine Boulevard, and westerly of Myford ROad. The following people were present and asked questions relative to the land development and statements in the EIR: RObert Green, Wickshire Lane Nancy Wiltiams, Burnt Mill Road Earl Coate, BUrnt Mill Road Eugene Holte, Ranchwood Road Len Sucherman, Wickshire Lane In answer to their questioning, Council stated that as to the EIR it is a document to set forth all alternatives and impacts of each, it is not a determination of what will be developed. Reasons for annexing adjacent property are to control the develop- ment; Tustin allows less density than County and a Planned Com- munity District can require plans for the entire acreage before any plans are approved. This area is committed to agriculture for eight more years. As to costs of developments, the tax from this agricultural land has been committed for development of such things as streets, drainage, flood control, etc., and revenue from County,Federal, and Flood Control District were explained. A sphere of influence is defined as that area at or near a city boundary that could require that city's services in the future. Council Minutes 1/17/77 page 2 In answer to the question of why wait for some developer to come in with plans and then react instead of the City taking initiative and make plans and tell developer what is wanted, it was explained that $20,000 had been budgeted for future planning. There being no further comments or objections, the hearing was closed at 8:35 p.m. Moved b%; Schuster, seconded by Sharp, that Ordinance No. 709, Prezoning Certain Propert%z to the Planned Community District, be introduced. Carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. Absent: none. VI. PUBLIC CONCERNS 1. MRS. AGNES BACON - DIXON ACT In answer to questioning by Mrs. Bacon regarding the Dixon Act, which makes it a community's responsibility to take care of teenage 601 offenders such as runaways, curfew offenders, etc., Chief Kelly stated that this is still a problem and it is felt that it is the County's responsibility. Temporarily/we are using McMillan Hall which has been turned into this use. Councilman Sharp felt there should be a diversion of funds from larger agencies. Moved by Sharp that staff be directed to keep the Council informe~ of any and all developments. Councilman Welsh stated that he is Chairman of the local SARB and they are studying ways to devise programs to keep young people active rather than institutionalizing them. Above motion seconded by Saltarelli, and carried.~ VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - January 3, 1977 regular meeting January 5, 1977 special meeting January 6, 1977 special meeting January 10, 1977 special meeting 2. CONFIRMATION OF PAYROLL LISTING in amount of $60,793.20 3. RESOLUTION NO. 77-4 A Resolution of the City Council of the City of Tustin, CONCURRING IN THE ADDENDUM TO THE COUNTY SOLID WASTE MANAGEMENT PLAN. As recommended by City Engineer. 4. RESOLUTION NO. 77-3 A Resolution of the City Council of the City of Tustin, AMENDING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FROM THE 1976-77 FISCAL YEAR. As recommended by Assistant City Administrator. 5. RESOLUTION NO. 77-6 A Resolution of the City Council of the City of Tustin APPROVING FINAL TRACT MAP NO. 9410. As recommended by Assistant City Administrator for Com- munity Development. Council Minutes 1/17/77 Page 3 6. RESOLUTION NO. 77-7 A Resolution of the City Council Of the City of Tustin, APPROVING FINAL PARCEL MAp NO. 76-83. Approval as recommended by Assistant City Administrator for Community Development. 7. GRANT OF EASEMENT - MAGNOLIA PARK Approval as recommended by City Engineer. 8. CONSENT TO REMOVE TREES Authorization as recommended by City Administrator. 9. RESOLUTION NO. 77-8 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. Adoption as recommended by City Engineer. 10. RESOLUTION NO. 77-9 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A MAINTENANCE FACILITY LOCATED AT 1472 SERVICE ROAD AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption as recommended by the City Engineer. 11. RESOLUTION NO. 77-10 Resolution of the City Council of the City of Tustin TERMINATING PROCEEDINGS FOR MITCHELL-HEATHERFIELD ANNEX- ATION NO. 91 (REVISED). 12. RESOLUTION NO. 77-11 Resolution of the City Council of the City of Tustin, TERMINATION THE ANNEXATION PROCEEDINGS FOR RED HILL- MITCHELL-WALNUT ANNEXATION NO. 92. 13. AGREEMENT WITH SCHOOL DISTRICT - Summer Recreation and Aquatics Program. Approval as recommended by Parks and Recreation Director. Council requested that items 4, 8, 9, and 13 be removed from the Consent Calendar. Moved by Welsh, seconded by Sal~arelli, that items 1, 2, 3, 5, 6, 7, 9, 11 and 12 of the Consent Calendar be approved. Carried unanimously. 4. RESOLUTION NO. 77-3 Council discussed the increases in expenditures and budgeted items not necessary to spend and needed update of items in capital improvement budget and need of this resolution to update book- keeping. Moved by Edgar, seconded by Sharp, that Resolution No. 77-3, amending the budget, be passed and adopted. Carried. 8. CONSENT TO REMOVE TREES Council discussed the effect on an entire neighborhood of removing and replacing trees even though they are causing side- walk and street damage and felt all neighbors should be notified. Council Minutes 1/17/77 Page 4 Moved by Schuster, seconded by Welsh, that subject trees be removed, ~m~ge to curbs and sidewalks repaired, and trees replaced. Council concurred that adjacent property owners on street be notified and if no objections the trees will be removed. Mr. Bopf said staff would prepare a formal procedure for future tree problems. Above motion carried. 10. MAINTENANCE YARD BID ADVERTISING In answer to questioning, Mr. Bopf said he had studied all directions on this government grant and believes you may have deductible alternates without jeopardizing the grant. Moved by Sharp, seconded by Saltarelli, that Resolution No. 77-9 be passed and adopted. Carried. 13. SUMMER RECREATION AGREEMENT Council questioned paragraph 5 relativ~ to City responsibility for loss or damage to equipment and whether Or not this could include capital items such as buildings or malfunction of pool filter while in use by City. Mr. Rourke stated he could revise paragraph 5 to meet requirements for movable equipment not capital items. Moved by Sharp, seconded by Schuster, that agreement with School District be accepted with modification of condition 5. Carried. Mayor Edgar called a 5-minute recess. Meeting reconvened at 9:40 p.m. VIII. ORDINANCES FOR INTRODUCTION 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. Council discussed revised ordinance as presented and concurred 60 days for Police investigation of applicant, 30 days for figure model permit, 10 days each for all formal notices and for investigation by Building, Fire and Health Departments. Moved by Schuster, seconded by Edgar, that Ordinance No. 702 be read by title. Carried unanimously. Moved by Schuster, seconded by Edgar, that Ordinance NO. 702 be introduced. Councilman Saltarelli requested that vote On this motion be tabled unti!l the end of agenda. 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 Welsh, that Ordinance No. 707 be read by title. Carried. Council Minutes 1/17/77 Page 5 Moved by Wetsh~ seconded by Saltarelli that Ordinance No. 707 be introduced. Carried. 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 Sharp, that Ordinance No. 708 be read by title only. Carried unanimously. Moved by Welsh, seconded by Schuster, that Ordinance No. 708 be introduced. Carried. IX. ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 706 An Ordinance of the City Council of the City of Tustin, ESTABLISHING A CAPITAL OUTLAY FUND. Moved by Sharp, secondedby Schuster, that Ordinance No. 706 have second reading by title. Carried unanimously. Moved by Sharp, seconded by Schuster, that Ordinance NO. 706 be passed and adopted. Carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. Absent: none. X. OLD BUSINESS 1. FIRE STATION LOCATION STUDY AND COMMUNITY FIRE PROTECTION MASTER PLAN Chief Hotms explained reasons for study and how plans of other cities and the County affect the City's long-range planning. Chief Holms stated that the outside cost should be $800.00. Future implementation of study and master plan costs would be staff time and production costs only. Moved by Saltarelli, seconded by Welsh, that following recommenda- tions be approved: 1.'Approve the proposed procedure for development of the Fire Station LOcation Study on a joint computerized program with surrounding cities; 2. Appropriate necessary funds to conduct the Fire Station Location Study ($800)~ 3. Recognize the Study as only a segment of a more compre- hensive Community Fire Protection Master Plan; and 4. Provide input and feedback as planning progresses and authorize the establishment of a steering committee. Carried. 2. INSURANCE FOR EXPLORER SCOUTS Mr. Rourke presented report on scouting insurance and Stated that he had been notified that the Boy Scouts has a certificate of insurance on another policy that the National Council has that he will check into. Council d~scussed costs to the City, reasons for sponsorships for scout activities, benefits of additional teen programs. Mr. Biery explained that there would be no cost to the City. The City would be providing a nucleus--a meeting place, assistance in organization, backing with volunteer adult advisors. Moved by Welsh, seconded by Schuster, that City continue partici- pation in the Police and Fire Explorers, and enter into the sponsorship of the backpacking program and skiing program, Council Minutes 1/17/77 page 6 provided adequate insurance protection can be obtained as out- lined b~ Cit~ Attorney. Substitute motion by Saltarelli, seconded by Sharp, that the question as to Police and Fire and other programs be divided. Carried. Moved by Welsh, seconded by Saltarelli~ that City continne in the Police and Fire Explorers programs and that City be pro- vided adequate insurance as directed by City Attorney. Carried. Moved by Welsh, seconded by Schuster, that the City encompass sponsorship of other youth programs specified atthis time/and provided adequate insurance is provided as directed by the City Attorney. Carried. Ayes: Edgar, Sharp, Welsh, Schuster. Noes: Saltarelli. Absent: none. 3. EMPLOYEE NEGOTIATION CONSIDERATION Council discussed Mr. Saltarelli's suggestion that it would be in the bestinterest of the employees, the City and the taxpayer to establish a program of open negotiation sessions with employ- ees and to hire an outside negotiator rather than place the City Administrator inthis tenuous position. Councilman Sharp requested that this matter be tabled for further study. Council concurred and set 4:00 p.m., February 7, 1977, in City Hall for an Executive Session to consider this matter. 4. COMMISSION APPOINTMENTS Councilman Sharp reported that he and Councilman Welsh had interviewed five interested persons. Moved by Sharp, seconded by Welsh, that Jonathon Bromberg be appointed as a Member of the Traffic Commission, term to expir~ 12/31/78,~aDd Hildegarde. Cutts be appointed to Parks and Recreation Commission~ ~erm to expire 12/31/77. Carried. 5. REQUEST TO FILL VACANCY Moved by Edgar, secondedby Schuster, thatas this is a budgeted item, the Chief of Police be authorized to fill vacancy. Council discussed budget savings and the fact that the Police force strength was set at the budget time. Chief Kelly explained time span from date of hire until he can put an officer out on patrol. Above motion carried. Ayes: Schuster, Sharp, Edgar. Noes: Welsh, Saltarelli. Absent: none. 6. POLICY ON REPLACEMENT OF BUDGETED POSITIONS Council concurred that present policy of requiring Council per- mission to fill vacancies be continued and that requests to hire employees not be on the Consent Calendar and that regardless of levels of employment per department at budget time, the Council can consider availability at specific time a position is open. Staff is to present a cost benefit analysis, or feasibility study and recommendation at time of request. XI. NEW BUSINESS 1. CITY OF TUSTIN ALLOCATION AND USE OF ITS SHARE OF THE 1976 PARK BOND ACT Mayor Edgar presented report explaining this Act and recommended approval. Council Minutes 1/17/77 page 7 Moved by Edgar,'seconded by Welsh, that Resolution No. 77-12, endorsing priority plan for expenditures for ~urisdictions in Orange County from the NeDedly-Hart State, Urban and Coastal Park Bond Act of 1976 be adopted. Carried. Mayor Edgar suggested that this money be put in fund to purchase 6 acres north of 17th Street for a park and request County for Revenue Sharing Funds to allow purchase of land. Council discussed need for these funds to go toward the completion of Columbus Tustin Park, location suitability of property north of 17th as a park site. MOved by Welsh, seconded by Saltarelli, that Council deny consider- ation of another park site. Carried, Mayor Edgar voting no. 2. ENVIRONMENTAL IMPACT REPORT 76-4 (EL CAMINO REAL STORM DRAIN) Moved by Saltarelli, seconded by WelSh, that Resolution No. 77-5, certifying Environmental Impact Report No. 76-4, be passed and adopted. Carried. 3. APPEAL OF WILHELM PICH TO RELOCATION ASSISTANCE BOARD FINDINGS Mr. Anton Dumbart, Attorney for Wilhelm Pich, spoke stating that the issue is whether or not Mr. Pich could have relocated his business without substantial loss of clientele and asked that the Council allow the maximum relocation payment of $10,000. Mr. Rourke, City Attorney, advised Council that this matter be taken under submission. Moved by Welsh, seconded by Sharp, that the appeal of Wilhelm Pich be taken under submission. Carried. Mr. Dumhart requested findings from any executive session be forwarded to him in writing. 4. IRVINE GENERAL PLAN AMENDMENT Moved by Saltarelli, seconded byWelsh, that plan be supported in principal, and staff to direct concerns to the Tustin Plan- nin~ Cor~mission and to the City of Irvine. Carried~ 5. TRAFFIC COMMISSION RECOMMENDATIONS a. Posting of 25 m.p.h. speed limit on Cherrywood Lane and Raintree Lane within the Laurelwood development. Moved by Saltarelli, seconded by Sharp, that Cherrywood Lane and Raintree Lane within Laurelwood development be posted for speed limit of 25 m.p.h. Carried. b. Red Hill Avenue parking prohibition between Edinger Street-Moulton Parkway and Irvine Boulevard. ~-~ Moved by Saltarelli, seconded by Welsh, that further data be collected and affected City residents and businesses be con- tacted. Carried. c. Installation of crosswalks within the Peppertree Homes development area. Moved by Saltarelli, seconded by Welsh that said crosswalks be authorized upon availability of funas. Carried. Council Minutes 1/17/77 Page 8 6. SPECIAL INSPECTION--BUILDING DIVISION Moved by Saltarelli, seconded by Welsh, that City Administrator be authorizedto enter into an agreement with an independent contractor as special inspector for Mervyn Co. at no cost to the City with terms and agreement to be approved by the City Attorney. Carried. 7. COLUMBUS TUSTIN PARK SITE - PHASE I Moved by Schuster, seconded by Welsh, that staff be authorized to issue Contract Change Order No. 3 in the amount of $3,100.00 for the imported material to be used on the three baseball dia- monds as previously mentioned. Carried. 8. RECODIFICATION OF CITY ORDINANCES Moved by Saltarelli, seconded by Sharp, that Mr. Blankenship be authorized to codify City Ordinances in-house with 30-day progress report. Carried. XII. OTHER BUSINESS 1. Councilman Schuster requested that the City Attorney review the City Ordinance pertaining to hypnosis. 2. Council expressed concern over benches used as barricade at ramp entrance to Community Building. Matter referred to Parks and Recreation Commission for alternate solution. 3. Ordinance No. 702 Vote on introduction deferred from earlier in meeting . Motion carried, Councilman Sharp votin~ no. 4. Sign Code Council instructed staff to enforce Ordinance on real estate and private sales signs as stated in new Ordinance. 5. City's 50th Anniversary Mayor requested that Council and staff present suggestions for Committee to prepare for this event. XIII. ADJOURNMENT Meeting declared adjourned to a meeting of the Redevelopment Agency~and thence to an adjourned meeting of the Council on Wednesday, January 26, 1977, at 5:00 p.m. in the Council Chambers/ and thence to an executive session February 7, 1977, at 4:00 p.m./ and to the next regular meeting at 7:30 p.m., February 7, 1977. MAYOR ..... k,__~ITY CL RK