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HomeMy WebLinkAboutCC MINUTES 1976 12 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN December 20, 1976 CALL TO ORDER Meeting called to order at 7:32 p.m. by Mayor Edgar. PLEDGE OF ALLEGIANCE Led by Councilman Sharp. III. INVOCATION Given by Mayor Edgar. IV. ROLL CALL Present: Councilmen: Edgar, Sharp, Welsh, Schuster. Absent: Councilmen: Saltarelli. Others present: William L. Bopf, City Administrator R. K. Fleagle, Assistant City Administrator for Community Development Thomas Woodruff, City Attorney Ruth C. Poe, City Clerk V. PUBLIC HEARINGS 1. ANNEXATION NO. 81, ENVIRONMENTAL IMPACT REPORT 76-5 Hearing opened at 7:34 p.m. There being no objections or com- ments, the hearing was declared closed. Moved by Sharp, seconded by Welsh, that the City Council dir- ect staff to prepare and s~hm~t to the Local Agency Formatio~ Commission the Irvine-Myford Annexation Proposal No. 81, amended to include those areas identified as Projects 81A, B, C and D. Carried unanimously. Moved byWelsh, seconded by Sharp, that the City Council cer tify Environmental Impact Report No. 76-5, by the adoption oF Resolution NO. 76-141 as submitted. Carried unanimously. MOved by Sharp, seconded by Welsh, that an amount not to exceed $1,500 be authorized for preparation of plans and filing fees with LAFC. Carried. 2. NEWPORT~ORANGE ANNEXATION NO. 99 Hearing opened at 7:35 p.m. Clerk reported that no protests had been received. TWo persons protested and were informed they were outside of the annexation area. There being no further protests or comments, hearing closed at 7:40 p.m. Moved by Schuster, seconded by Sharp, that Ordinance No. 703, annexing certain property designated "Newport-Orange Annexa- tion No. 99" to the City of Tustin be read by title. Carried unanimously. Moved by Welsh, seconded by Sharp, that Ordinance No.703 introduced. Carried. City Council Minutes 12/20/76 page two vI. PUBLIC CONCERNS 1. Mr. Dale Woods, 14121 Utt Drive, spoke relative to teenage problems in Frontier Park. He suggested more policing, better lighting, replacement of signs prohibiting dogs, and requested that park be closed at dark for 30 days to try to clear up the situation- Mayor directed staff to replace signs. Lois Carr, Parks and Recreation Commission, also requested closing for 30 days, and then have a form of park ranger for patrol and install lights.and activities such as horseshoe pitch to attract adults. Chief Kelly reported that the Police patrol has been increased and assured the Council that they are taking every means to clear up the situation. Chief Kelly stated he would be reluc- tant to close park. He asked that. neighbors please call at any sign of trouble. Council discussed pros and cons of closing park after dark, closing the fort, which is an attractive nuisance- Council requested that neighbors and interested parties come to the Parks and Recreation Commission with ideas for rec- tifying the situation- 2. Mr. Dan Williams requested use of his existing sign on Laguna Road stating he should be allowed to use his pole sign and it had been inspected for electrical and safety. Mr. Williams requested to proceed as per his application of approximately a year ago on which no action was taken. Dr. Fleagle read portion of new sign ordinance whereby Council may grant exemptions under certain circumstances- Council directed to contact Dr. Fleagle with necessary docu- ments required by this ordinance. 3. Mr. William Moses asked that Consent Calendar Item No. 4 be discussed at the appropriate time. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of December 6, 1976. 2. RATIFICATION OF DEMANDS in amount of $931,376.70 CONFIRMATION OF PAYROLL in amount of $61,158.43 3. ANIMAL CONTROL CONTRACT Approval as recommended by City Administrator- 4. RESOLUTION NO. 76-139 A Resolution of the City Council of the City of Tustin, SUPPORTING THE CONTINUATION OF THE ORANGE COUNTY GEN- ERAL REVENUE SHARING COOPERATIVE PLAN. Approval as recommended. 5. RESOLUTION NO. 76-142 A Resolution of the City Council of the City of Tustin APPROVING FINAL TRACT MAP 9387. Approval as recor~nended- City Council Minutes 12/20/76 page three 6. YOUTH TRAINING AGREEMENT Authorization for execution of agreement as recom- mended by City Administrator. 7. RESOLUTION NO. 76-140 A Resolution of the City Council of the City of Tustin AMENDING THE LARD USE ELEMENT OF THE GENERAL PLAN RELATIVE TO PROPERTY LOCATED ON THE NORTH SIDE OF SECOND STREET BETWEEN PACIFIC AND "A" STREETS~ Adoption as discussed and recommended by Council. Mayor Edgar requested removal of Items 4 and 6. Moved by Welsh, seconded by Sharp, that items 1, 2, 3, 5, and 7 be approved as recommended. Carried unanimously. 4. RESOLUTION NO. 76-139 Mr. Moses questioned paragraph no. 1 of Resolution 76-139, as to the wording of "relatively unrestricted state and local expenditures" . Mr. Bopf explained that any restrictions would be only those called for in the Constitution such as categories money may be spent in such as education, health, recreation, housing, etc. All requests would require an agreement and would be considered on a case-by-case basis. Moved by Welsh, seconded by Sharp, that Resolution No. 76-139 be adopted. Carried. 6. YOUTH TRAINING AGREEMENT Mr. Bopf explained Youth Training Program and that it is all at no cost to the City. Moved by Welsh, seconded by Schuster, that concept be approved and Mr. Bopf be authorized to execute agreement sub- ject to approval of the City Attorney. Carried. 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. Moved by Welsh, seconded by Schuster, that Ordinance No. 702, as modified, have first reading by title. Carried unanimously. Council discussed means of restricting this type of business from the City. Mr. Woodruff recommended against barring completely as this could be subject to legal challenge and same thing can be accomplished if restricted only in certain zones with require- ment of use permit. This ordinance is aimed at police power, assuming the use was permitted. Dr. Fleagle stated that the current zoning ordinance does require a public hearing and use permit by Planning Commission. Moved by Welsh, seconded by Edgar, that Ordinance No. 702 be introduced. City Council Minutes 12/2~/76 Page four Councilman Sharp stated he would be voting no, not because he is against restriction but is more interested in barring these establishments completely- Above motion carried by roll call. Ayes: Edgar, Welsh, Schuster. Noes: Sharp. Absent: Saltarelli- 2. ORDINANCE NO. 704 -- An Ordinance Of the City of Tustin, California, REZONING CERTAIN PROPERTY TO THE COMMERCIAL GENERAL (CG). Report presented by Dr. Fleagle. Moved by Welsh, seconded by Schuster, that Ordinance No. 704 have first reading by title. Carried unanimously- Moved by Welsh, seconded by Schuster, that Ordinance No. 704 be introduced- Carried. OLD BUSINESS 1. COLUMBUS.TUSTIN PARK PLANS Mr. BierS, Parks and Recreation Director, presented and explained plans and preliminary working drawings, explaining Master Plan and Phase I and Phase II. In answer to questioning, Mr. Biery stated that besides the Prospect Avenue parking there is school parking and as park develops there is potential for other parking areas. Lois Carr, speaking for the Parks and Recreation Commission, __ asked that some of the granite areas be retained in grass. Architect Bill Ackerman stated that some decomposed granite was planned to help save some tree areas and in tot lot for extensive use areas. Mr. West stated this would reduce maintenance costs. Moved by Sharp, seconded by Welsh, that Council receive and file Mr. Biery's report and there be further study before final working drawings. Carried. Council concurred that any major changes after farther into construction be brought before the Council and that all changes by architect be at approval of City Engineer. RECESS Mayor called 5-minute recess. Meeting reconvened at 9:55 p.m. 2. SALE OF CITY PROPERTY (EL CAMENO REAL, "C", THIRD, AND SECOND) There being no additional information since the last Council meeting, it was moved by Edgar, seconded by Welsh, that Council reaffirm position of two weeks ago in not selling prop~ erty. Carried- 3. NICKEL BUS Moved by Welsh, seconded by Sharp, that the City Council authorize the Mayor to execute this agreement on behalf of the City of Tustin, to extend the Nickel Bus financial assistance from the Orange County Transit District through Jane 30, 1977. Carried. City Council Minutes 12/20/76 Page five 4. ORGANIZING AND SPONSORING INTEREST IN TEEN CLUBS A representative of the Orange County Scout Council stated that every registered scout or registered advisor was covered up to $2½-million, including both County and national. Scout Council to meet with City Attorney to complete details. Matter continued to next regular meeting. XI. NEW BUSINESS 1. CAR FOR FIRE DEPARTMENT Mr. Bopf reported that there would be only routine maintenance and any cost can be absorbed. Moved by Sharp, seconded by Welsh, that the City Council approv,, the assignment of a vehicle to the Fire Department for Explore~ Post use as indicated by the Fire Chief, under his control and supervision. Carried. 2. REQUEST FOR SIGN EXEMPTION Moved by Welsh, seconded by Edgar, that request of Dr. R. E Zinken for exemption to regulations of sign at 316 W. Firs~ Street be denied on the following basis: a. Subject sign is not consistent with .the standards of professional signing. b. Subject sign would be a privilege not accorded to every other medical doctor in the City of Tustin, and if approved could establish the basis for more than 75 signs of like character, thereby destroying the intent of the professional district. c. Subject sign would create an inequity for other professional offices occupying the same building. d. There are no Unusual circumstances related to the proposed signing which qualify for an exception pursuant ~o Art- icle VII of the Sign Code. Carried. 3. APPOINTMENT OF COMMISSIONERS 1. Parks and Recreation Commission Terms Expiring: LOis Carr William Hamilton Barbara Benson Resignation: George EVerett Moved by Edgar, seconded by Welsh, that Lois Carr, William Hamilton and Barbara Benson be reappointed for two-year terms, .expiring December 31, 1978. Carried. Moved by Edgar, seconded by Welsh, that Charles E. Puckett be appointed ~o fill the term of George EVerett. Councilman Sharp suggested that since other residents had shown interest in serving and that more applications had been made for vacancy on the Traffic Con~nission, a committee be appointed to interview new applicants for both Commissions. Above motion and second withdrawn. City Council Minutes 12/20/76 Page six Consensus of Council that appointment of new Commissioners to both Commissions be continued. 2, Traffic Commission Terms expiring: Gina Matek Steve Sawin It was stated that Mr. Sawin would not be applying for reappointment- Moved by Welsh, seconded by Edgar, that Mrs. Gina Matek be reappointed to the Traffic Commission for a term expiring December 31, 1978. Carried. Councilman Welsh and Councilman Sharp volunteered to inter- view applicants. City Clerk to set interviews- 4. AWARD OF BID - Third Street curb and gutter project from California to "B" Following bids received: Hardy and Harper, Tustin $10,777.32 Dyn0 Construction, West. Covina 12,280.00 Certified General Engineering Co., Orange 12,482 ~ 00 Sully Miller Company, LOng Beach 12,494.50 Damon Construction Company, South Gate 13,702.98 T. J. Crosby Company, Irvine 14,422.00 R. J. Noble Company, Orange 15,261.80 J. T. Garza Construction, Montebello 15,890.00 Jerry Cross Paving Company, Costa Mesa 16,091.00 Moved by Welsh, seconded by Sharp, that bid be awarded to Hardy and Harper, being low bidder in amount of $10,777.32. Carried. · 5. GENERAL PLAN AMENDMENT 76-2 (A) Moved by Welsh, seconded by Edgar, that this matter be tabled. Carried. 6. USE PERMIT NO. 76-28 (FAMILY AMUSEMENT CENTER) Dr. Fleagle reported that the property owner had withdrawn request for Use Permit. 7. PLANNING COMMISSION CONFERENCE, LOS ANGELES Moved by Welsh, seconded by Edgar, that requests for 3 regis- trations to this Conference at $150.00 each be approved. Carried. XII. OTHER BUSINESS 1. TREE REMOVAL - 17TH STREET AND THE NEWPORT FEEWAY Mowed b7 Welsh, seconded by Schuster, that removal of two olive trees to facilitate the installation of traffic si~7_ nals and intersection modification be approved. Carried. 2. EXTENSION OF TIME- COLUMBUS TUSTIN PARK PHASE I Contractor had requested a total of 25 days extension. Staff recommended a 20-day extension. City Council Minutes 12/20/76 page seven Mr. Biery stated he had been assured that ball fields would be ready for Little League season. Moved by Sharp, seconded by Welsh, that contractor for Phase I of Columbus Tustin Park be granted a 20-day extension. Carried. 3. YOUTH CENTER AND BOYS CLUB SITES _Mr. Bopf authorized to proceed with appraisals for these sites at cost of $1,250. Appraisor to quote Boys Club leased prop- erty as zoned, Public & institutional, and as Industrial, and quote Youth Center .as Public and Institutional, and Multiple. The Memorial flagpole and plaque will be moved to another location. 4. PAYMENT FOR 17TH STREET TREES BY CALTRANS Staff requested to look into budgeting this $600 paid by CalTrans at E1 Camino Real and First Street in front of car wash. 5. NEOCCS Councilman Sharp reported that NEOCCS had considered priorities and they were very close to Tustin's desires. 6. ANNEXATION SCHEDULE Mayor requested that City Clerk find status from time filed with LAFC of lates~ inhabited annexations which have not gone to vote. 7. TUSTIN THEATER FILMS Mayor to Write to theater owner expressing concern for "X-Rated" movies being shown. XIII. ADJOURNMENT Meeting adjourned to a meeting of the Redevelopment Agency and MAYOR / ~" CITY CLERK REDEVELOPMENT 1. COLUMBUS TUSTIN PARK PLANS AGENCY As this agency had reviewed these plans, it was moved by Welsh, seconded by Sharp, that Columbus Tustin Preliminary Park Plans be approved. Carried. 2. APPROVAI OF PERMITS FOR ACCLIVITIES WITHIN PROJECT AREA a. RESOLUTION NO. RD 76-5 A RESOLUTION OF THE COP~MUNITy REDEVELOPMENT AGENCY CONCURSING WITH PLANNING COMMISSION RESOLUTION NO. 1580 GRANTING USE PEi~IIT NO. 76-25 FOR THE REDEV- ELOPMENT OF THE LARWIN SQUARE SHOPPING CENTER. b. RESOLUTION NO. ed~ 76-6 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY CONCURRING WITH PLANNING COMMISSION RESOLUTION NO. 1581 GRANTING A-VARIANCE IN THE PARKING REQUIRE- MENTS AT 1222 EAST IRVINE BOULEVARD. Redevelopmerit Agency 12/20/76 c. RESOLUTION NO. RD 76-7 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY CONCURRING WITH PLANNING COMMISSION RESOLUTION NO. 1583 APPROVING USE PERMIT NO. 76-31 WHICH AUTHORIZES A POLE SIGN AT 150 SOUTH LAGUNA ROAD. Moved by Sharp, seconded by Welsh, that Resolution No. RD 76-5 be approved with plans as specified inSection 2-h of Planning Commission Resolution No. 1580, to be presented at next Council meeting with all the information shown to Planning Commission. Carried. Moved by Sharp, seconded by Schuster, that Resolution No. RD 76-6 be adopted. Carried- Moved by Welsh, seconded by Schuster, that Resolution NO. RD 76-7 be adopted. Carried. Meeting of the Redevelopment Agency declared adjourned. ~<~TARY