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HomeMy WebLinkAboutCC MINUTES 1976 12 06 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN December 6, 1976 I. 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 Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: Edgar, Sharp, Schuster, Welsh, Saltaretli. Absent: Councilmen: None. Others present: William L. Bopf, City Administrator R.K. Fleagle, Assistant City Administrator for Community Development James Go Rourke, City Attorney Ruth C. Poe, City Clerk V. PUBLIC HEARINGS 1. ZONE CHANGE 76-10 - JOSEPH GENOVESE Report and description of property presented by Dr. Fleagle. Hearing opened at 7:33 p.m. ME. M. Gessler, representing Mr. Genovese, spoke in favor of this zone change. There being no protests or further comments, the hearing was declared closed at 7:34 p.m. Moved by Saltarelli, seconded by Sharp, that findings of the Planning Commission be affirmed as contained in Resolution No. 1565, and the City Attorney be directed to prepare the implementing ordinance. Carried by roll call. Ayes: Edgar, Sharp, Schuster, Welsh, Saltarelli. Noes: none. Absent: none. 2. THIRD YEAR HOUSING AND COMMUNITY DEVELOPMENT ACT FUNDING Dr. Fleagle explained assurances required and purpose of hear- ing. In answer to questioning by the Council, Dr. Fleagle explained status of second year funding and that actions on this item tonight would have no effect on the second year. Hearing opened at 7:42 p.m. There being no protests or com- ments, the hearing was immediately declared closed. Moved by Saltarelli, seconded by Welsh, that Council rejec~ participation in the HCDA third year project on basis of change of rules and request the County take the money and spend it on street improvements in the County islands adjacent to th~ City of Tustin, It was the consensus of the Council to keep the latitude to come back into the program in four or five years and to be sure that the City Attorney review any contracts and communi- cations with HCDA. City Council Minutes 12/6/76 Page two Above motion carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. Absent: none. 3. RESOLUTION NO. 76-134 A Resolution of the City Council of the City of Tustin ORDERING VACATION OF PORTIONS OF HOLT AVENUE AND FIRST STREET. Hearing opened at 7:47 p.m. There being no protests or com- ments, the hearing was declared closed. Moved by Saltarelli, seconded by Welsh, that Resolution No. V6-134, declarin9 intent to Vacate and abandon portions of Holt Avenue and First Street, and settin9 date of hearing, be passed and adopted. Carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. Absent: none. VI. PUBLIC CONCERNS 1. Mayor Edgar announced that the Tustin Historical Society had requested time for presentation on museum which related to Old Business No. 6. Old Business No. 6 to be taken up at this time with presenta- tion. Mrs. Vivian Owen read purposes of TustinArea Historical Society and asked for Council support for the Society's hopes and plans by retaining the building at 135 West Third Street. Mrs. Jordan presented slides of the present museum. Council discussed the problems of excluding this portion of the property from any sale of remaining land, appraisal of value of property, possibility of relocating the museum at some other location, eligibility for a County grant in Revenue Sharing to the Historical Society, possibility of a developer being able to incorporate the museum in planning, previous commitment made at budget time to sell property, and parking requirements for museum if remainder of property were to be sold. Councilman Welsh felt the sale of the Youth Center should be included in this discussion. Mr. William Moses stated that in his memory, commitment was to help pay off bond commitment and that Tustin Youth Center had been built entirely by volunteers and not City money. Council discussed conditions in Resolution 76-132 including the payment of rent to the buyer in order to maintain Fire Station on a 10-year lease with reservation of right to terminate. Moved by Sharp, seconded by Saltarelli, that Resolution No. 76-132, finding and determining that public interest requires the sale of property of approxiemtely 60,000 square feet partially on "C" Street, Second Street, ~1 C~m~no Real and Third Street, bepassed and adopted. Moved by Edgar, seconded by Welsh, that Council receive report presented for further consideration- Motion failed by roll call. Ayes: Edgar, Welsh. Noes: Schuster, Sharp, Saltarelli. Absent: none. Original motion failed by roll call vote. Ayes: Sharp, Saltarelli. Noes: Edgar, Schuster, Welsh. Absent: none. City Council Minutes 12/6/76 page three Moved by Sharp, seconded by Schuster, that matter of the sale of Old Civic Center site becontinued to next regular meeting, in order to work out details of Resolution Carried, Council- man Welsh voting no. 2. TUSTIN JUNIOR ALL-AMERICAN FOOTBALL Councilman Sharp announced that Tustin had four teams in com- petition in the Countywide finals of the Youth Sports program. Three teams took first place and the~other team took runner-up. Consensus of Council that a proclamation of commendation be prepared for presentation at a Council meeting, commending the men who had giveniof their time to this program, as well as the teams. VIII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - November 15, 1976, Meeting - November 22, 1976, Special Meeting 2. RATIFICATIONOF DEMANDS - in amount of $45,572.53 (10/30/76) - in amount of $178,661.38 (11/18/76) CONFIRMATION OF PAYROLL - $61,398.13 (11/12/76) - $55,967.79 (11/26/76) 3. APPROVAL FOR ACCEPTANCE OF FIRST STREET MISCELLANEOUS REPAIRS AND SLURRY SEAL COAT AND ADOPTION OF RESOLUTION NO. 76-133 (Resolution of the City COuncil of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING NOTICE OF COMPLETION.) --Adoption as recommended. 4. CHANGE ORDERS FOR COLUMBUS-TUSTIN PARK, PHASE I Approval as recommended by the City Engineer. 5. PERMISSION TO FILL VACANCIES Approval as requested (one additional position, Police Department Senior Clerk Typist). 6.EMPLOYEE RECLASSIFICATION AND SPECIAL INCREASES Approval as recommended. 7. BURGLARY INDEX PROGRAM Approval as recommended. 8. DICTATING EQUIPMENT FOR THE COMMUNITY DEVELOPMENT DEPT Approval as recommended. 9. TRAFFIC COMMISSION RECOMMENDATIONS Approval as recommended. 10. EXONERATION OF BONDS FOR PARCEL MAP # 74-69 KOLL BROS. CENTER Approval as recommended. 11. RESOLUTION NO. 76-135 A Resolution of the TuStin City Council APPROVING FINAL PARCEL MAP # 76-85. Adoption as recommended by the City Engineer. City Council Minutes 12/6/76 Page four 12. PROPOSED A.H.F.P. PROJECTS FOR FISCAL YEAR 1977-78 AND ADOPTION OF RESOLUTIONS RELATIVE TO EACH: RESOLUTION NO. 76-136 A Resolution of the Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF YORBA STREET. RESOLUTION NO. 76-137 A Resolution of the Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF NEWPORT AVENUE PHASE IV. RESOLUTION NO. 76-138 A Resolution of the Council of the City of Tustin REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF BRYAN AVENUE. 13. AMENDMENT TO AGREEMENT FOR DEVELOPMENT OF COLUMBUS- TUSTIN PARK --Approval as recommended. 14. TITLE II PUBLIC WORKS EMPLOYEES --Approval as recommended. Items 3, 9, and 12 pulled by Council for further discussion. Moved by Welsh, seconded by Saltarelli, that Items 1, 2, 4, 5, 6, 7, 8, 10, 1t, 13 and 14 be approved as recommended. Carried unanimously- 3. APPROVAL FOR ACCEPTANCE OF FIRST STREET MISCELLANEOUS REPAIRS A/ND SLURRY SEAL COAT AND ADOPTION OF RESOLUTION NO. 76-133 In answer to questioning, Mr. Ledendecker, City Engineer, explained that the reason for higher costs than original con- tract was the fact that in some areas they had to go much :deeper than anticipated. As to bus stopping on First Street, Mr. Ledendecker stated that plans for painting curbs for parking of three buses at a time with no stopping signs at any time posting and bus schedules are being worked out with the Transit District to eliminate the excess parking of buses at any one time. Moved by Welsh, seconded by Schuster, that Item ~3 be approved. Carried. 9. TRAFFIC COMMISSION RECOMMENDATIONS Council questioned the!no parkingon Treehaven and current parking standards and requested that staff and Traffic Com- mission review parking standards in commercial districts. No further action taken. 12. PROPOSED A.H.F.P. PROJECTS Mr. Ledendecker explained projects and purposes and status of improvements as listed in report. Moved by Edgar, seconded by Welsh, that Consent Calendar Item ~12, adopting Resolutions 76-136, 76-137 and 76-138, be approved. Carried unanimously- City Council Minutes 12/6/76 page five 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. Councilman Saltarelli questioned restrictions in this Ordinance and stated he would like further discussions with the City Attorney and staff. Moved by Saltarelli, seconded by Welsh, that introduction of this Ordinance be continued to next regular meeting. Carried unanimous ly. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 700 An Ordinance of the City of Tustin, California, ADDING CHAPTER 25 TO THE TUSTIN CITY CODE REGULATING BATHS, SAUNA BATHS AND MASSAGE ESTABLISHMENTS. Moved by Sharp, seconded by Schuster, that Ordinance No. 700 have second reading by title only. Carried unanimously. Moved by Sharp, seconded by Schuster, that Ors*n~nce No. 700 be passed and adopted. Carried byroll call vote. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: none. Ab sent: none. X. OLD BUSINESS 1. 911 SYSTEM Report on 911 System given by Chief Kelly, including the fact that the State pays costs as presented in written report. The City's only costs would be for automatic number identification and station identification. At this time, the requested action is asking to be included in principal to these features. Moved by Welsh, seconded by Saltarelli, that Council confirm the 911 configuration and authorize the Chief of Police to advise the 911 Task Force that the Council is confirming it.~ original position regarding this system. Carried~ 2. YOUTH CENTER BUILDING, FIRE SETTLEMENT Moved by Saltarelli, seconded by Sharp, that: 1. The City Council authorize the City Administrator to notify the insurance company that the City will accept the cash settlement of $59,871, minus the $100 deductible; 2. That the money received as a cash settlement be established in an account earmarked for a new recrea- tion building; 3. The City Council authorize the City staff to obtain the necessary appraisal for the Youth Building site, and prepare a request for proposal offering that site for sale, and that a public hearing regarding this matter be held at the January 3, 1977, City Council meeting; and City Council Minutes 12/6/76 Page six 4. The staff be authorized to obtain appraisals of the property presently being leased to the Boys Club east of their building, and that that property be a matter of a hearing on January 3, 1977, regarding the possibility of selling that property 'as well. Carried. 3. GENERAL PLAN AMENDMENT 76-2 Moved by Saltarelli, seconded by Schuster, that the findingE of the planning Cormnission as contained in Resolution No. 1570 be upheld and that the City Attorney be directed to prepare a resolution a~n~ng the General Plan as recommended. Carried. 4. FIRE ALARMS AND INTRUSION DETECTION Movedby Saltarelli, seconded by Edgar, that report be received and filed to be considered as a budget item for next fiscal year. Carried. 5. STREET TREE REPLACEMENT, RED HILL AND BRYAN Consensus of the Council that staff should explore possibilities of cutting roots, or removing some of parkway concrete to preserve mature trees and save money at present time. 6. DISPOSITION OF CITY PROPERTY This matter taken up under public Concerns. 7. BICYCLE LICENSES No action taken. XI. NEW BUSINESS 1. ORGANIZING AND SPONSORING INTEREST IN TEEN CLUBS Moved by Saltarelli, seconded by Schuster, that this matter be continued to next meeting pending clarification of City's position and further information as to liability- Carried. 2. V-76-9 WEBER PLYWOOD (SIGNING) Dr. Fleagle. presented report stating this was for Council information before final Planning Commission action at their next regular meeting. Council discussed conditions necessary for variances and reasons for Commission approval. Moved by Welsh, seconded by Saltarelli, that Planning Commis- sion be directed to make f~nSings related to intent of the law. Factors could be a time factor, difficulty in identify- ing a building that serves the general public. Findings must be well justified,. Carried~ 3. REQUEST FOR SIGN ORDINANCE EXEMPTION - DR. GAULDEN FOR MEDICAL CLINIC Moved by Saltarelli, seconded by Edgar, that the City Council approve the request for exemption and allow the subject sign to remain under the following conditions: (1) the appropriate permits be obtained by a licensed sign contractor; ~2) the sign contractor must pay the required business license fee if not already licensed by the City. Carried. City Council Minutes 12/6/76 Page seven 4. EXEMPTION TO SIGN ORDINANCE ARTICLE VII, SECTION I, AND ORDINANCE 684 - DAN ALLEN OF ELDERLY THINGS Moved by Welsh, seconded by Saltarelli, that exemption ~proved as recommended on basis that this signing is jn interior of shopping center. Carried. 5. EXEMPTION FROM SIGN ORDINANCE - KELLY'S GIFT AND HOBBY Dr. Fleagle presented report with recommendation that south wall sign be authorized with condition of removal of non- conforming signs. Mr. Tom Kelly spoke in his own behalf for the exemption with the removal of directory sign only. Mr. Correa, E1 Camino Real, spoke in favor of Mr. Kelly's request. Mr. Dan Willisms thanked the Council for listening to the citizenry and said he believed this shop could stand some identification on the south wall. Moved by Sharp, seconded by Welsh, that as signs are well designed and not offensive and building does lack identifi cation, the request be approved with condition permit be obtained and directional sign removed. Carried. Councilman Saltarelli stated that existing signs should have permits and signing be for identification purposes. XII. OTHER 'BUSINESS 1. Mr. BOpf requested Executive Session following meeting. 2. NEOCCS Councilman Sharp stated that the Steering Committee of which he is a member had been asked to approve the Goals and Object- ives of this study and rank goals in order of importance. Mr. Sharp asked that Council look at material he has sent and sub- mit any suggestions for final rankings prior to Thursday of this week. 3. BUS STOP BENCHES It was reported that the High School Shop program, with ~the aid of a donation from the TuStin Area Woman's Club, is now restoring the remaining benches. 4. PUBLIC WORKS GRANT Mr. Bopf reported that no rejection had been received and the City should get the final word by the first meeting in January. Mr. Bopf said he felt confident that the City will be ready to proceed under time schedule if we get final approval. 5. COMPLETION TIME - COLUMBUS TUSTIN PARK Mr. Ledendecker explained that they are now about three days behind schedule and that both he and Mr. Biery agreed that the ball parks would be ready for Little League season. 6. PHASE II - COLUMBUS TUSTIN PARK Council concurred that they would like to see plans. City Council Minutes 12/6/76 Page eight 7. COMMISSION APPOINTMENTS, TERMS EXPIRING 12/31/76 Mayor Edgar requested records of attendance of those members desiring reappointment and requested news media coverage of vacancies. 8. CITY GOLDEN ANNIVERSARY Mayor Edgar requested suggestions for some form of celebration that the "old-timers" will relate to. ADJOURNMENT Council adjourned to a meeting of the Redevelopment Agency. REDEVELOPMiNT AGENCY 1. RESOLUTION RDA 76-4 A Resolution of the Redevelopment Agency DESIGNATING ARCHITECTURAL CONTROL AND SITE PLAN REVIEW AUTHORITY TO THE PLANNING COMMISSION AND COMMUNITY DEVELOPMENT DEPARTMENT. Council concurred that they would prefer keeping control of redevelopment for specific approvals. No action taken. 2. MERWIN DEPARTMENT STORE DEVELOPMENT Moved by Saltarelli, seconded by Sharp, that having previously seen plans for Merwin's Department Store development, that permits be issued. Carried- 3. LARWIN SQUARE. Agency to see plans after Planning Commission recommendations are received. Redevelopment Agency meeting adjourned back to Council meeting at 11:45 p.m. RECONVENE CITY COUNCIL Council meeting reconvened at 11:45 p.m. XIII. ADJOURNMENT Council adjourned to an executive session and then to next regular meeting of December 20, 1976. MAYOR ~--CITY CLERK