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HomeMy WebLinkAboutCC MINUTES 1976 08 16 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN AUguSt 16, 1976 CALL TO ORDER Meeting called tO order at 7:30 by Mayor Edgar. PLEDGE OF ALLEGIANCE Led by Councilman Schuster. III. INVOCATION Given by Mayor Edgar. IV. ROLL CALL Present: Councilmen: Edgar, Schuster, Sharp, Welsh, Saltarelli Absent: CoUncilmen: None Others Present: William L. Bopf, City Administrator R. Kenneth Fleagle-Assistant City Administrator- Community Development James G. Rourke, City Attorney Ruth C. Poe, City Clerk PRESENTATIONS 1. Proclamation presented to Rod Strachan, Olympic Gold ~!~ Medal winner. 2. E1 Camino Real Study Mr. Ross Sutherland, consultant, presented a slide presentation of recormmendations and conclusions of Advisory Committee. The following persons identified themselves and spoke relative to parking, types of uses, lack of sales tax from professional, needs for traffic volume, etc: Dominic Corea, Raymond Kemp, Carol Hammond, William Moses, Thomas Kelly. Mr. Walt Fredr~ksen presented report from the Redevelopment Committee. After discussion by Council it was explained that this was a preliminary p~esentation of study made by consultant, and interested businessmen and property owners,and all properties will be notified by certified mail of any hearings in the matter. V. PUBLIC HEARINGS 1. UP 76-17 - BIG TOMATO Dr. Fleagle presented report on Planning Commission actions and reasons for request. Hearing opened at 8:55 p.m. Carol Hammond, applicant, spoke on behalf of approval and explained need for identification. Mr. Ray Kemp spoke relative to problems of interpretations and definitions of Sign Ordinance. Mrs. Ursula Kennedy spoke against a reader board. Those speaking for the need for signing were: Jim Kierstyn, Leo Marthan and Mrs. M. Byrd. There being no further comments or objections, the hearing was declared closed. City Council Minutes 8/16/76 Page 2. Council discussed report and recommendations as presented and definition of frontage as pertains to corner lots, reader boards and necessity for identification as relates to seasonal business. Moved by Schuster, seconded by Welsh to approve application as approved by Planning Commission Kesolution No. 1526 with consideration that sign face should be permanent lettering in lieu of reader bard. Moved by Saltarelli, seconded by Welsh that motion be amended to allow sign to be approved as presented and requested by the applicant with the reader board. Councilman Saltaretli gave his reasons for this motion which included that a lot of businesses have had to revert to putting up other signs, by the nature of business some need a reader board, and reader boards should be on a basis of need. The approval of granting this should be on the basis of need and so stiuplate in the resolution therefore. That Council in their discretionary action in the future must not be required to give anyone else a reader board if they just say they want a reader board. Amended motion carried by roll call. Ayes: Schuster, Sharp, Saltarelli. Noes: Welsh. Abstained: Edgar. Absent: None. Vote on original motion. Motion carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster. Noes: None. Absent: None. 2. SYCAMORE-NEWPORT ANNEXATION NO. 94 Mayor Edgar stated that as of this date and time there had been no exclusive requests. Hearing opened at 9:48. There being no comments or objections, the hearing was declared closed. Moved by Saltarelli, seconded by Schuster that Resolution No. 76-81 calling a special election to be held November 2, 1976 pertaining to Sycamore-Newport Annexation be read by title only. Carried unanimously- Moved by Saltarelli, seconded by Sharp that Resolution No. 76-81 be passed and adopted. Carried unanimously. PUBLIC CONCERNS None. Mayor called 5 minute recess. Meeting reconvened at 9:59. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - August 2, 1976 meeting. 2. RATIFICATION OF DEMANDS in amount of $36,387.45 CONFIRMATION OF PAYROLL LISTING in amount of $60,598.34 3. RESOLUTION NO. 76-90 A Resolution of the City Council of the City of Tustin OPPOSING ASSEMBLY BILL 1246, CREATING A COUNTY TRANS- PORTATION COMMISSION Adoption as recommended by City Administrator. 4. ANNEXATION NO. 91 (MITCHELL-HEATHERFIELD REVISED) Receipt of Planning Commission recommendation for approval. City Council Minutes 8/16/76 Page 3. 5. RESOLUTION NO. 76-83 A Resolution of the City Council of the City of Tustin, APPROVING FINAL PARCEL MAP NO. 76-81. Adoption as recommended by Planning Commission. 6. RESOLUTION NO. 76-84 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS AT COLUMBUS TUSTIN PARKSITE, PHASE I AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption as recommended by City Engineer. 7. RESOLUTION NO. 76-85 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION. (Tennis Courts) Adoption as recommended by City Engineer. 8. RESOLUTION NO. 76-86 A Resolution of the City Council of the City of Tustin, ACCEPTING WORK OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION. (Wishing Well) Approval as recommended by City Engineer. 9. RESOLUTION NO. 76-87 A Resolution of the City Council of the City of Tustin, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION 0F. NOTICE OF COMPLETION. (City Center Site Development) Adoption as recommended by City Engineer. 10. BLOW THE WHISTLE ON CRIME Approval of Participation of Tustin Police Department as recommended by City Administrator. 11. FIRE DEPARTMENT VACANCY Authorization to fill vacancy as recommended by City Administrator. 12. RECONFIRMATION OF ASSEMBLY APPOINTMENTS - ORANGE COUNTY HEALTH PLANNING COUNCIL Reappointment of Arthur J. Holub to Assembly of delegates. 13. BUSINESS EXPENSE Authorization for execution of Bankamericard Commercial application and execution of the necessary document as recommendedby City Administrator. 14. LEADMAN POSITION - MAINTENANCE Retention of leadman position in Budget as recommended by City Administrator. 15. PERMISSION TO PAINT FIRE HYDRANT Approval as recommended. 16. GRANT OF EASEMENT Approval of Grant of 5' easement across portion of Magnolia Tree Park to Pacific Telephone Co., as recommended by City Engineer. City Council Minutes 8/16/76 Page 4. 17. ORANGE COUNTY RECRUITMENT - PLACEMENT CENTER - TUSTIN OUTREACH CENTER Authorization for execution of agreement to allow the County to use the room of the E1 Camino Recreation Building three mornings a week as recommended by Parks & Recreation Director. 18. JOINT INSTALLATION - SPORTS FIELD LIGHTING - TUSTIN HIGH Approval of execution of agreement as reconmlended by Parks & Recreation Director. 19. RESOLUTION NO. 76-91 A Resolution of the City Council, City of Tustin, California, AUTHORIZING A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION. Adoption as presented. Moved by Saltarelli, seconded by Schuster that Consent Calendar be approved. Carried unanimously. Future action to be taken to appoint an alternate for Mr. Holub to Orange County Health Planning Council. VIII. ORDINANCES FOR INTRODUCTION None. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 689 An Ordinance of the City of Tustin, California, DECREASING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS Moved by Saltaretli, seconded by Welsh that Ordinance No. 689 have second reading bytitle. Carried unanimously. Moved by Welsh, seconded by Sharp that Ordinance No. 689 be passed and adopted. Carried by roll call. Ayes: Edgar, Schuster, Sharp, Welsh, Saltarelli. Noes: None. Absent: None. X. OLD BUSINESS 1. SIGN CODE Proposed Sign Ordinance discussed with revisions as presented. Council discussed liberalization, signs on right-of-way, provisions for easy appeal to Council with little or no fee, needs for defining frontage, penalties, definition of right- of-way and trial periods for such signs, and administrative procedures. Mr. Rourke stated that public right-of-way is clearly defined by law. Moved by Welsh, seconded by Schuster that Ordinance No. 684 be reintroduced by title. In answer to concerns of use of right-of-way, Dr. Fleagle suggested that use of public right-of-way be a separate action from Sign Code, and be matter of direct action by Council. Staff expects a report on the legality of this, and will prepare suggested means whereby an organization could pay a fee and be permitted a sign subject to provisions established. The Ordinance as presented does not preclude this. Dr. Fleagle also explained definition of frontage on corner lots. City Council Minutes 8/16/76 Page 5. The following spoke for the East Orange County Board of Realtors in favor of open house and directionat signs in public right of way: Stanley Feldsoth, attorney; James Kierstyn, Board member; R~uben Kvidt, Board member; and Louise Lynch, Realtor. Council discussed the suggestion as to the control of signs in public right-of-way and concurred that on the next agenda have a presentation of mechanism of right-of-way sign controls. Permissiveness is provided in this Ordinance. At that time Council can accept or modify as they see fit. Above motion to reintroduce Ordinance~ No. 684 as amended. Carried unanimously. Moved by Welsh, seconded by Schuster that Ordinance~ No. 684 be introduced.. Carried. Councilman Saltarelli stated that criteria should be established for use of signs in public right-of-way. Private citizens are also responsible for the clutter and should be controlled, by permit if'necessary, and enforcement must be equally enforced to the private citizen as well as businesses. Mr. Tom Kelly stated that in his opinion real estate signs do belong in right-of-way but that real estate businesses could afford more than a sticker. Staff was directed to present plan for public right-of-way signs and East Orange County Board of Realtors invited to present any information to the staff. 2. COMPLETION OF CONTRACT BY ARCHITECT A. QUINCY JONES Moved by Saltarelli, seconded by Sharp that acceptanceof the $3,560.18 credit on resolved items be approved and disputed claim of $1,800.00 be written off. Carried. 3. RESOLUTION NO. 76-89 A Resolution of the City Council of the City of Tustin, California, FINDING AND DETERMINING THAT PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF REAL PROPERTY AT AN IRREGULAR SITE HAVING APPROXIMATELY 100' OF FRONTAGE ON BENETA WAY AND AN AVERAGE DEPTH OF SOME 70 FEET. Moved by Saltarelli, seconded by Sharp that Resolution No. 76-89 be read by title. Carried unanimously. Moved by Schuster, seconded by Sharp that Resolution No. 76-89 be passed and adopted. Carried. 4. JOINT CITYCOUNCIL/TRAFFIC COMMISSION MEETING Joint Workshop set for Monday, September 20, 1976 at 6:30 p.m. XI. NEW BUSINESS 1. AWARD OF BIDS - NEWPORT ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP) PROJECT 809 & 855 ~-~ Following bids received: R. J. Noble Company ............................. $447,440.80 J. B. Crosby Co., Inc.- ......................... 472,039.10 Sully-Miller Co.- ............................... 484,547.15 Fleming Construction Co.- ....................... 521,353.45 Griffith Co.- ........ ~ .......................... 521,543.40 Moved by Saltarelli, secc~ded by Welsh that contract for Newport Arterial Highway Financing Program (AHFP) Project #809 and 855 be awarded to R. J. Noble Company being the low bidder in the amount of $447,440.80. Carried. City Council Minutes 8/16/76 Page 6. 2. TAX RATE a. ORDINANCE NO. 690 An Ordinance of the City Council of the City of Tustin, FIXING AND DETERMINING THE AMOUNT OF REVENUE NECESSARY TO BE RAISED BY TAXATION UPON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN AND THE AMOUNT OF REVENUE NECESSARY TO CARRY ON THE VARIOUS DEPARTMENTS OF SAID CITY FOR THE FISCAL YEAR 1976-77.. b. RESOLUTION NO. 76-88 A Resolution of the City Council of the City of Tustin, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES TO CARRY ON THE VARIOUS DEPARTMENTS OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO CARRY ON THE WORK OF THE CITY FOR THE FISCAL YEAR 1976-77. Report as requested by Council showing effects of alternate tax cuts received. Council discussed effects of tax cuts on the budget and reserve. The 'following spoke in favor of substantial tax rate cut: William Moses, Art Charlton, Ursula Kennedy. Councilman Schuster spoke in favor of 5~ tax reduction. Mayor Edgar stated there will be a 3¢ cut on bonded indebtedness, and felt the reduction in general fund tax should be tampered with capital improvements that should be done, and suggested a 2¢ cut which combined with bond cuts would be about a 5¢ cut. There are services that matter and taxation provides these services and capital improvements. Councilman Sattarelli recommended a total reduction of 6.69¢ which would reduce overall rate to 1.1089. Council discussed reserve, need for sale of City property, ways to reduce spending, budget adjustments, etc. Councilman Welsh agreed there should be a cut but was concerned which amount and what it would do to the reserve and the citizens. Councilman Sharp suggested considering tax bonus for property owners who made improvements at their own expense improving the neighborhood. In answer to Mr. Sharp's suggestion as to tax b~nuses to people who upgrade their property, thus upgrading the City, Mr. Bopf stated that would take a State Tax Reform. It was suggested that the City contact the League of Cities to pursue this matter. Mr. Saltarelli suggested an employee bonus to compensate employees with least amount of sick leave or compensatory time, as this would improve staff efficiency. Moved by Saltarelli, seconded by Schuster that the General Fund tax rate be set at .96, total tax rate to reflect 1.093305 making a total reduction of 6.69¢. Mr. Bopf stated that this rate would necessitate the sale of property and the adoption of revenue sharing funds in order to balance the budget as indicated with an approximate $13,000 surplus. City Council Minutes 8/16/76 Page 7. Mr. Welsh stated he felt that if adopted as proposed, City could run into a fiscal deficit. Above motion carried by roll call. Ayes: Schuster, Sharp, Saitarelli. Noes: Edgar, Welsh. Absent: None. Moved by Schuster, seconded by Saltarel]~ that Ordinance 690 with figures in above motion have first reading by title. Carried unanimously. Moved by Saltarelli, secondedby Schuster that Ordinance No. 690 be introduced. Carried. Moved by Saltarelli, seconded by Welsh that Ordinance No. 690 hav~ second r~ading ~ titlel Carri~'d unanimously. Moved by Schuster, seconded by Saltarell~ that Ordinance No. 690 be passed and adopted as an urgency measure. Carried unanimously. Moved by Schuster, seconded by Saltare]]~ that Resolution 76-88 be read by title. Carried unanimously. Moved by Welsh, seconded by Schuster that Resolution 76-88 be passed and adopted. Carried unanimously. 3. AIR CONDITIONING NEEDS OF CITY HALL & POLICE DEPARTMENT Moved by Saltarelli, seconded by Edgar that recommended action to the air handling and conditioning at a total cost of $1,338 be approved. Carried. 4. BINGO GAMES Council directed staff to have an ordinance prepared for~ presentation at next regular meeting. City Administrator to have permit authority. 5. RECOMMENDATION ON LIABILITY INSURANCE Report presented by Mr. Bopf and discussed by Council. Moved by Welsh, seconded by Schuster that staff recommendation for self-insurance retention plan be approved. Carried. Councilman Saltarelli voting no. 6. LOCAL PUBLIC WORKS EMPLOYMENT ACT OF 1976 (PUBLIC WORKS BILL) Mr. Bopf presented report. Explained that project for total maintenance facilitieslwould be $900,000, and Phase II of Columbus-Tustin Park would be $250,000. This Act would provide 100% Federal financing. Design costs of both projects would total $86,250. Inanswer to questioning, Mr. Bopf stated that it would be a gamble to get approval for the entire projects and must be done immediately in order to qualify. But if we do not get approval, City would have the plans needed for future development and ready to start construction within 90 days of approval. Staff has included all facilities in Public Works Yard that would be needed in the next 20 years. Council discussed available funds, a reduced maintenance yard, formation of committee to further functional plans, and reduction of $63,000 in Engineering funds for plans, and personnel needs for added facilities. City Council Minutes 8/16/76 Page 8. Moved by Saltarelli, seconded by Schuster that Mr. Sharp and Mr. Edgar be apppinted ~s Council representatives to a staff team plus 2 members of the Parks & Recreation Commission with authority to proceed to develop concept and proposals to be submitted as soon as possible for review by full Council add submission to architects- Carried- XII. OTHER BUSINESS 1. TRACT 8912 - PEPPERTREE Mr. Bopf explained that had provision stating that City could not release for occupancy the dwellings until the tennis courts had been built and accepted. They were to pour today and City could ease his cash flow problem if we released the units. Moved by Saltarelli, seconded by Welsh that units in Tract 8912 be released. Carried. XIII. ADJOURNMENT Mayor declared the meeting adjourned to an executive session and thence to a Joint Meeting of the Council and City Commissions on August 30, and thence to next regular meeting Tuesday, September 7, 1976.