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HomeMy WebLinkAboutCC MINUTES 1976 09 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN September 20, 1976 CALL TO ORDER Meeting called to order at 7:30 by Mayor Edgar. II. i PLEDGE OF ALLEGIANCE Led by Mayor pro tem Sharp. III. INVOCATION Given by Mayor Edgar. IV. ROLL CALL Present: Councilmen: Edgar, Sharp, Welsh, Saltarellil Absent: Councilmen: Schuster Others Present: William L. Bopf, City Administrator R. Kenneth Fleagle, Assistant City Administrator Cormmunity Development Thomas Woodr~ff, Acting City Attorney Ruth C. Poe, City Clerk PRESENTATIONS Mayor Edgar presented proclamations to United Fund and DAR relative to Constitution Week. V. PUBLIC HEARINGS 1. SAN JUAN - UTT ANNEXATION NO. 98 ~.~ Dr. Fleagle presented background report. Hearing opened at 7:40 p.m. There being no protests or cormments, the hearing was declared closed. Moved by Saltarelli, seconded by Welsh that Ordinance No. 692 approving Annexation designated "San Juan-Utt Annexation No. 98" have first'reading by title. Carried unanimously. Moved by Welsh, secondedby Sharp that Ordinance No. 692 be introduced. Carried. 2. SCENIC HIGHWAYS AND ROAD ELEMENT OF THE GENERAL PLAN Dr. Fleagle presented background report, Planning Commission recommendations for approval and text of resolution. Hearing opened at 7:43 p.m. There being no comments or objections, the hearing was declared closed. Moved by Saltarelli, seconded. by Welsh that Resolution 76-107, adopting the Scenic Highway Element of the General Plan be adopted. Carried unanimously. Councilman Schuster absent. VI. PUBLIC CONCERNS Mrs. P. Edsal, Orange County Historica~Committee issued an invitation to the dedication of {~sMission at Main and I~ BStreets as a Historical Site and reception following at the Tustin Museum at*2 p.m., Sunday, October 31, 1976. City Council Minutes 9/20/76 Page 2. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - September 7, 1976 meeting. 2. RATIFICATION OF DEMANDS in amount of $243,880.50 CONFIRMATION OF PAYROLL LISTING in amount of $58,030.33 3. RESOLUTION NO. 76-93 A Resolution of the City Council of the City of Tustin APPROVING TENTATIVE PARCEL MAP NO. 76-82 ON THE APPLICATION OF THE IRVINE INDUSTRIAL COMPLEX. Adoption as recommended by Planning Commission. 4. RESOLUTION NO. 76-102 A Resolution of the City Ceuncil of the City of Tustin, California, FINDING AND DECLARING A NEGATIVE IMPACT FOR CONSTRUCTION OF A PUBLIC WORKS MAINTENANCE YARD. Adoption as presented. 5. RESOLUTION NO. 76-103 A Resolution of the City Council of the City of Tustin, California, FINDING AND DECLARING A NEGATIVE IMPACT FOR CONSTRUCTION OF A NEIGHBORHOOD PARK TO BE KNOWN AS COLUMBUS-TUSTIN PARK. Adoption as presented. 6. RESOLUTION NO. 76-104 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 76-84 __ Adoption as recommended by ~he Planning CommisSion. 7. RESOLUTION NO. 76-105 A Resolution of the City Council of the City of Tustin APPROVING TENTATIVE PARCEL MAP NO. 76-85. Adoption as recommended by the Planning Commission. 8. RESOLUTION NO. 76-106 A Resolution of the City Council of the City of TUstin APPROVING FINAL TRACT MAP NO. 9345. Adoption as recommended by the Planning Commission. 9. STREET STRIPING BIDS' Approval as recommended. 10. RESOLUTION NO. 76-109 A Resolution of the City Council of the City of Tustin SETTING A TIME AND PLACE FOR HEARING ON PROPOSED CONFLICT OF INTEREST CODE. In answer to questioning, Mr. Woodruff explained the necessity for Resolution as listed on item 10 above relative to Conflict of Interest Code. Moved by Saltarelli, seconded by Welsh that consent calendar be approved. Carried. City Council Minutes 9/20/76 Page 3. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE N0. 693 Art Ordinance of the City 0f Tustin, California, REPEALING CITY OF TUSTIN ORDINANCE NO. 140 RELATING TO ALCOHOLIC BEVERAGES IN PUBLIC PARKS. Moved by Saltarelli, seconded by Sharp that Ordinance No. 693 have first reading by title. Carried. Moved by Welsh, seconded by Saltarelli that Ordinance No. 693 be introduced. Carried. Moved ~y Welsh, seconded by Saltarelli that Ordinance No. 693 have second reading by title. Carried. . Moved by Welsh~ secondedby Saltarelii that Ordinance No. 693 be passed and adopted as an urgency measure. Carried by roll call. Ayes: Edgar, Sharp, Welsh, Sa!tarelli. Noes: None. Absent: Schuster. 2. ORDINANCE NO. 694 An Ordinance of the City Council of the City of Tustin ADDING SECTION 3240 TO THE TUSTIN CITY CODE ENACTED PURSUANT TO SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION ALLOWING BINGO GAMES IN THE CITY OF TUSTIN FOR BENEFIT OF CHARITABLE ORGANIZATIONS Moved by Welsh, seconded by Sharp that Ordinance No. 694 have first reading by title. Carried. Moved by Saltarelli, seconded by Welsh that Ordinance No. 694 be introduced. IN answer to questioning by Councilman Saltarelli, Mr. Woodruff stated tha~ the Section W. in the Ordinance restrict- ing B~ngo on City-owned property was requested by staff and was not a par~ of the State law and could be deleted. Only . stipulation is that it mus~ be the regular meeting place of the organization. CouDcilman Saltarelli requested the deletion of paragraph "W" on the firs~ reading with guidelines staff feels necessary to adopt.~I~Council ,concurred. Mr. Woodruff stated that applicant would have to define on application exactly what kind of schedule he is proposing. The burden will be on the. applicant to be very specific as to days or date he chooses. C~uncil concurred with the permit fee of $5.00 and that no license be issued for longer than 6 months at this time. I Mr. Woodruff explained that the licenseehas the initial responsibility for enforcement, but the local Police Department is the primary enforcing agency. Council concurred that these modifications be included in first reading of Ordinance. Motion for introduction of Ordinance No. 694 with modifications carried. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 691 An Ordinance of the City Council of the City of Tustin, California RELATIVE TO REGULATION OF TOW TRUCKS. City Council Minutes 9/20/76 Page 4. Mr. Bopf explained revised Ordinance presented at this meeting stating that due modifications ordinance must be reintroduced. Chief Kelly explained revisions made after contacting two truck companies. Changes: 1. Deletion of requirement for telephone answering service. 2. Change from 10 days free storage tO 48 hours for vehicles stored or impounded by Police Department. 3. Deleted requirements requiring lein sales. 4. Added section providing'secured-covered area for crime scene vehicles. At the suggestion of Councilman Saltarelli, the words "Police Department" were changed to Chief of Police in item 3, page 11. Moved by Saltarelli, seconded by Sharp that Ordinance No. 691 as modified have first reading. Carried. Moved by Sharp, seconded by Saltarelli that Ordinance No. 691 be introduced. Carried. X. OLD BUSINESS 1. SALE OF PROPERTY - BENETA WAY Moved by Saltarelli, seconded by Sharp that Council a~cept~he~'Df~of Tustin Water Works in amount of $7,500 which is the best bid on the property under the current zone. Carried. 2. RESOLUTION NO. 76-99 A Resolution of the City Council of the City of Tustin AUTHORIZING THE PLACEMENT OF DIRECTIONAL SIGNS IN PUBLIC RIGHT-OF-WAY Dr. Fleagle stated he had met with representatives of the Board of Relators and found no discrepencies and they are willing to accept conditions City thinks appropriate, and they have even restricted more than staff proposed. He felt this to be a good, workable compromise. Moved by Edgar, seconded by Sharp that Resolution No. 76-99 be adopted. At request from audience, Mayor Edgar explained basics of Resolution. Council discussed section requiring permittee to acknowledge that they will be included in a form of indemnification of liability, City liability, appeals, denials, fees, and length of permits. Mr. Woodruff requested that in section 3-d. the word "confiscated" be changed to "removal." Council concurred by adding the words "within one calendar year" be added after the word "Resolution" in last sentence. Above motion carried by roll call. Ayes: Sharp, Edgar~. Noes: Welsh. AbStained: Saltarelli. Absent: Schuster. ~Duncil expressed thanks and appreciation to Mr. Kierstyn for his efforts in this matter and for his cooperation. City Council Minutes 9/20/76 Page 5. 3. TUSTIN MEADOWS BAR-B-QUE Council concurred that the.alternative presented by staff ~or additional individual Bar-B-Ques is the best way to go. Mayor suggested a plaque to be affixed to efforts of the Dolphins for original pit. Mrs. Ursula Kennedy of Tustln Meadows Association, that in view of the vandalism that has occurred this is a satisfactory way to go. Moved by ~al~arelli, seconded b~ Welsh that Council approve recommendations~of the staff' that large Bar-B-Que not be rebuilt and that council authorize the installation of two to four new individual units in lieu thereof. Carried. 4. COMMITTEE CREATION (FIRE SERVICE) AND APPOINTMENTS OF COMMITTEE CHAIRMEN a. Formation of Fire Service Committee. Moved by Welsh, seconded by Saltarelli that staff make Study relative tomanning levels aHd!~hySical facilities~and-repor~ to Coungil at which time Council may take action on committee formation. C~rried. b. Bicycle Committee Appointment. Moved by Welsh, seconded by Sharp that Councilman Schuster be appointed as chairman of the Bicycle Committee. Carried. 5. RESOLUTION NO. 76-108 , A Resolutionof the City Council of the City of Tustin, ~ ~ PETTIONING FOR THE RETENTION OF STATE OWNERSHIP OF PARCEL 000220~01-01 KNOWN AS UTT PARK IN THE CITY OF TUSTIN Moved b~ Sattaretli, secondedL~yTIWe~sh tha~!Re~olu~ion No. 76-108 be passed and adopted. Carried. Staff to forward copy of Resolution to Bruce Nestande. 6. STATUS OF PUBLIC WORKS BILL Moved by Welsh~ seconded by saitarelli that Council approve submitting a Maintenance Yard and the Columbus-Tustin Park projectas two separate items as recommended by staff. Carried. 7. ACQUISITION OF SANTA ANA VALLEY IRRIGATION COMPANY DISTRIBUTION SYSTEM Moved by Saltarelli, seconded b~'Welshthat the Mayor and City Clerk be authorized to execute agreement and conveyance between the City and SAVI. Carried. 8. AGREEMENT - EL CAMINO REAL STORM DRAIN Moved bySa~tarelli, secondedby Welsh that second year agreement be authorized for execution subject to the condition that the second year agreement be appro~ed by the City. Carried. XI. NEW BUSINESS 1. CONSIDERATION OF APPOINTMENT OF ALTERMATE - ORANGE COUNTY HEALTH PLANNING COUNCIL Staff to contact Mr. Holub for suggestions for an .alternate. City Council Minutes 9/20/76 Page 6. 2. FORMATION OF A REDEVELOPMENT AUTHORITY Moved by Saltarelli, seconded by Edgar that the City Attorney's office and City staff be authorized to initiate the necessary steps leading to the development of a Redevelopment Authority for the City, and that the Planning Co~anisslon proceed as soon as possible to suggest the proposed redevelopment area and hold appropriate hearing. Carried. 3. PRESENTATION OF COLUMBUS-TUSTIN PARK MASTER PLAN PHASE II Movedby Saltarelli, seconded by Welsh that Council authorize EDAW Inc. to proceed with the working drawings and complete the job. Carried. Mr. Bopf presented plans and report of schedule on application for funds. XII. OTHER BUSINESS 1. AB 1246 Mayor requested to send mailgram to the Governor requesting his veto on this bill. 2. COUNTY'S ANALYSIS OF REDEVELOPMENT ACT Position of opposition to Countyis analysis and the lobbying against what is in the best interest of cities to be prepared for Tustin's representative to the League of California Cities, Orange County Division. 3. AB 3673 Mr. Bopf reported that he had heard there is an error in __ this bill dealing with referendum of redevelopment which would provide for 1% of registered voters' signatures rather than the 10% previously specified as necessary for referendum. Mayor to communicate with the Governor objecting to the law calling for 1% of registered voters' signature for referendum. 4. RESOLUTION NO. 76-110 A Resolution of the City Council of the City of Tustin, California SUPPORTING THE SEPARATION OF FISCAL OFFICERS AND CITY CLERKS INTO TWO DEPARTMENTS OF THE LEAGUE OF CALIFORNIA CITIES Moved by Sa~tarelli, seconded by Welsh that Resolution No. 76-110 be passed and adopted. Carried. 5. . CONSTRUCTION OF LEAGUE STRUCTURE Matter to be agendized for October 4 meeting. 6. RESCHEDULE - OCTOBER 18 MEETING Due to League of California Cities conference, the Council meeting of October 18 to be rescheduled for October 20. 7. Mayor Edgar stated he would be out of town fo~ 10 days and that Mayor pro tem Sharp would be Acting Mayor. XIII. Moved by Saltarelti, seconded by Welsh that meeting be ADJOURNMENT adjourned. ~LERK