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HomeMy WebLinkAboutCC MINUTES 1976 07 06 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN July 6, 1976 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, Saltarelli, Welsh, Schuster. Absent: CounciLman: Sharp 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 V. PUBLIC HEARINGS 1. FISCAL YEAR 1976-77 BUDGET Hearing opened aE 7:33 p.m. There being no comments or objections the hearing was declared closed. Councilman Saltarelli requested that the $38,000 for two additional policemen be held in reserve account until after the July 19. meeting with the Police Chief. Amount can then be authorized by ~ransfer of funds. In answer to questioning, Chief Kelly explained the need for the two policemen requested and the length of training time necessary in order to have an officer on the street. Chief Kelly Stated that a two-week delay would not cause a problem. Mayor Edgar explained the work that had gone into the budget study sessions and workshops. The Mayor read a letter from Councilman Sharp stating his participation in the workshops and that he agreed with the document as submitted. Moved by Schuster, seconded by Saltarelli that Resolution No. 76-63 approving the 1976-77 budget be adopted with the $38,000 for additional policemen to be left in unappropriated reserve until after study session. Carried by roll call. Ayes: Edgar, Saltarelli, Welsh, Schuster. Noes: None. Absent: Sharp. 2.ZC 76-9 SAND DOLLAR DEVELOPMENT - Location: S/W Corner of Nisson Rd. & Browning Avenue Background, report and recommendations presented by Dr. Fleagle. Council discussed report, parkland fees, acreage, architecture, etc. Hearing opened at 7:55 p.m. There being no comments or objections the hearing was declared closed~ Moved by Saltarelli, seconded by Welsh that the City Council confirm the findings of a negative declaration of environmental impact as related to the zone change, approve the findings of the Planning Commission as contained in Resolution No. 1517, and direct the City Attorney to prepare an Ordinance implementing the Zone Change to PC(R-3 2,000) for introduction at the next regular meeting of t, he City Council. Carried by roll call. Ayes: Edgar, Saltarelli, Welsh, Schuster. Noes: None. Absent: Sharp City Council Minutes 7/6/76 Page 2. VI. PUBLIC CONCERNS Mr. James Kiersten asked to be heard in the place on agenda regarding Sign Code. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - June 21, 1976 regular meeting. 2. RATIFICATION OF DEMANDS in amount of $211,420.83 and CONFIRMATION OF PAYROLL LISTINGS in amount of $531972.51 RESOLUTION NO. 76-59 A Resolution of the City Council of the City of Tustin REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO ESTABLISH A COUNTY SERVICE AREA IN UNINCORPORATED AREAS OF COUNTY. Adoption as recommended by staff and requested by Council. 4 RIGHT-OF-WAY CERTIFICATION- NEWPORT AVENUE Approval as recommended by City Engmneer. 5 NEWPORT AVENUE ANFP PROJECT RIGHT-OF-WAY ACQUISITION Authorization for Mayor & City Clerk to execute agreemen~ as recommended by City Engmneer. 6. RESOLUTION NO. 76-62 A Resolution of the City Council of the City of Tustin, California APPROVING PLANS'AND' SPECIFICATIONS FOR NEWPORT AVENUE AHFP PROJECT, NO. 809L, AND 855, PHASE II CONSTRUC- TION AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption as recoh~mended by City Engineer. 7. RESOLUTION NO. 76-60 A Resolution of the City Council of the City of Tustin, California SUPPORTING AND GRANTING PERMISSION FOR THE REVITALIZATION OFWATERWELLS. Adoption as discussed at meeting of 6/21/76. 8.AGREEMENT WITH COUNTY FOR MATERIAL CONTROL TESTS Approval as recommended by City Administrator. 9.ORANGE COUNTY FIRE SERVICE LIBRARY AGREEMENT Approval as recommended by staff. 10. RESOLUTION NO. 76-61 A Resolution of the City Council of the City of Tustin APPROVING TENTATIVE PARCEL MAP APPLICATION NO. 76-81. Adoption as recommended by Community Development Director. 11. REQUEST TO FILL FIRE DEPARTMENT CETA POSITION Approval as recommended by Fire Chief. 12. RESOLUTION NO. 76-63 A Resolution of the City Council of the City of' Tustin, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adopnion as recommended by the City Engineer. Mayor Edgar requested that consent items No. 6 and 7 be removed for further discussion and that item 12 be deleted as requested by staff. City Council Minutes 7/6/76 Page 3. Moved by Sal~arelli, seconded by Welsh that items 1, 2, 3, 4, 5, 8, 9, 10 and 11 of consent calendar be approved. Carried unanimously. Item 6 - Resolution No. 76-62 In answer to questioning, Mr. Ledendecker explained County and City AHFP funds, time table for project (in hope of completion in 120 days from start of construction), sections of ultimate widening with curb and gutter, location and timing of asphalt bicycle paths, construction of center islands including all conduits to be pla~ed underground. Replacing of existing street lights with marblelite street lights, installation of storm drains, and wiring for future street lights and traffic signal at Bryan and Newport. Moved by Welsh, seconded by Saltarelli that Resolution No. 76-62 be adopted. Carried unanimously. Item 7 - Resolution No. 76-60 Mr. Bopf explained that the City of Irvine has not yeL taken their zoning action on this matter. Mr. Bopf stated that perhaps the Council would like to defer action until that time or take action at this time. Consensus of the Council to defer action on this Resolution until action by the City of Irvine. VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 685 An Ordinance of the City Council of the City of Tustin ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREATIONAL LARD IN SUB- DIVISIONS Background report presented by Dr. Fleagle. Moved by Welsh, seconded by Schuster that Ordinance No. 685 have first reading by title only. Carried unanimously. Moved by Welsh, seconded by Schuster that Ordinance No. 685 be introduced. Carried by roll call. Ayes: Edgar, Saltarelli, Welsh, Schuster: Noes: None. Absent: Sharp. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 684 An Ordinance of the City Council of the City of Tustin, California ADOPTING THE TUSTIN SIGN CODE. The following spoke in favor of a 30-day continuation of this matter for further consideration due ~o misunderstandings as to the ampact of certain elements of the Ordinance, principally, the restriction on Real Estate directional signs: James Kiersten, 17411 Irvine Blvd. Virginia Sheerin, Attorney representing East Orange County Board of Realtors Alan Tresdorfer, Legislative Chairman, East Orange County Board of Realtors Mr. Tresdorfer presented a petition containing 75 signatures approvl~g the adoption of the Sign Ordinance pertaining to open house signs. Mr. Tom Kelly, E1 Camino Real Mr. William Moses, Tustin News Mr. Kelly stated that as far as his signing is concerned, he felt this ordinance to be more restrictive. City Council Minutes 7/6/76 Page 4. Councilman Schuster stated he was never against real estate signs in the public right-of-way with discretion. His concern would be with the safety factor. Councilman Welsh stated that he has listened to City Attorney!s concern and he shares these concerns. He has no objection to hearing a fair and written report from Attorney for the Real Estate Board. He could not vote for something that could be a liability for taxpayers. In answer to questioning, Mr. Rourke stated that the City has been sued along these lines and that it costs the City money even if the suit is not successful. Councilman Saltarelli stated he would vone no on this Ordinance for the following reasons: It ms impossible no enforce and predominance of signs in the right-of-way are put up by private parties.. This Ordinance does not do what the Council had directed the staff bring the Council an Ordinance to do - ro give the Council the ability to make signs available ~o businesses that have a problem and need relief. This Ordinance does not require Council control. Mr. Saltarelli stated he was in accord with a condemnation or he would vote against the Ordinance mn its entirety. Mayor Edgar stated standards should be set but in areas where there is a unique problem then Council should hear testimony and give ruling. He desired to retain a lot of the old concepts but also retain a new concept to allow Council review of individual cases. Mayor Edgar said he was not against signs in right-of-way if under some type of control. Moved by Saltarelli, seconded by Welsh that this Ordinance __ be set aside for 30 days for further study. Carried unanimously. Mayor Edgar requested that Dr. Fleagle find a compromise that the sign code is demanding and atthe same time have the mechanisms built in the Code ~o permit the flexibility in individual instances where the Council feels it is justified. Mrs. Gina Matek suggested having City and businessmen work together to install markups so that people can find shopping centers and perhaps a bulletin board for home advertising such as garage sales and lost and found ads. X. OLD BUSINESS None. XI. NEW BUSINESS 1, CENTER ISLAND REFLECTORS Moved by Welsh, seconded by Saltarelli that recommendation of the Parks and Recreation Commission relative to center island reflectors be referred to the Traffic Commission and to staff. Carried. 2. AWARD OF CONTRACT - FRONTIER PARK HANDBALL COURT COVER Moved by Welsh, seconded by Saltarelli that the work be awarded to Bill Wakefield & Assoc. being low bidder in amount of $2,550. Carried. 3. NEOCCS REPRESENTATIVE Moved by Saltarelli, seconded by Welsh that Councilman James Sharp be appointed to serve on .NEOCCS Steering Committee. Carried. City Council Minutes 7/6/76 Page 5. Moved by Welsh, seconded by Saltarelti that Mayor Edgar be appointed as alternate on this committee. Carried. Moved by Welsh, seconded by Schuster that Robert Ledendecker, City Engineer, be appointed to serve as the technical advisory person. Carried. XII. OTHER BUSINESS 1. SEOCCS Report - Received 2. BRYAN AVENUE STREET WIDENING Consensus of the Council that a letter from the Mayor be sent to Supervisors Clark, Riley and Batti~ with copy to Wm. Moses, Tustin News reciting facts of accidents and deaths in this area. 3. ONTARIO WORLD'S FAIR MEETING Letter To be sent indicating interest. Mayor called a recess at 9:00 p.m. Meeting reconvened at 9:10 4. RESOLUTION NO. 76-65 A Resolution of the City Council of the City of Tustin, California REQUESTING AN AGREEMENT RELATED TO PREPARATION OF A. POPULATION ESTIMATE. Moved by WelSh, seconded by Edgar that Resolution No. 76-65 be read by title. Carried unanimously. Moved by Welsh, seconded by Saltarelli that Resolution No. 76-65 be passed and adopted. Carried. 5. CITY POPULATION SIGNS Mr. Bopf stated that signs in the City would be replaced and a request will be sent to the State for corrections on freeway s~gns. 6. COUNCIL POLICY ON PAYMENT OF OVERTIME Mr. Bopf reported on Supreme Court ruling that the application of the Fair Labor Standards Act upon State ~nd local govern- ments was unconstitutional. Moved by Saltarelli, seconded by Welsh that Council eliminate provisions for time and one-half overtime pay from the Personnel rules and regulations, and institute a policy of straight time pay for overtime as it occurs for all employees except Management positions, as recommended by City Administrator. Carried. 7. EL CAMINO STUDY GROUP Mr. Bopf reported that this group will meet July 13 at 7:30 a.m. and then forward recommendations to the City Council. 8. ANNEXATIONS Staff reported that a 1.8 acre parcel on Utt Drive has been filed with LAFCO to be heard July 28. An annexation is now being prepared for an annexation of property east of Holt, north of Irvine and south of the flood control channels as requested by the property owner. Deadline for petition filings for November 2 election will be July 9, 1976. City Council Minutes 7/6/76 Page 6. 9. FREEWAY INTERCHANGE Councilman Saltarelli requested that a letter containing all factual data relative to the Santa Ana-Newport Freeway interchange be sent to the Governors. 10. CITY CENTER WOOD BEANS Councilman Saltarelli requested that outdoor exposed wood beams be checked and weather coating applied. 11. CITY CENTER SIGNING CounciLman Saltarelli requested that appropriate signing for City Center be completed as soon as possible. 12. COLUMBUS TUSTIN PARK In answer to questioning, Mr. Eiery stated that plans for park are now in the hands of the State, County and School District for approval. Mayor Edgar requested that copy of plans be given to the Council. 13. PARKWAY TREES - CITY CENTER Mr. Ledendecker stated that ~rees will be continued down the parkway and installed by the City. 14. LEAGUE CONFERENCE Mayor Edgar reported the following have been authorized by the budget ~o attend this Conference: City Council, City Administrator, Assistant City Administrators, Planning and Parks & Recreation Commission Chairman or their designee. Department heads by request to specialized meetings. 15. CURBS AND GUTTERS - DOWNTOWN AREA Mr. Ledendecker reported that it is hoped this matter will be on the next Council agenda. 16. ANNEXATION MATTERS Mayor Edgar stated that it seems practical to plan for some annexation elections next June and suggested that as to the Mitchell-Heatherfield Annexation a reduction might be practical. The area between Annexations 92 and 94, between Sycamore and Walnut is a legitimate area for annexation, and then there are several small islands that he suggested be planned for a June election. Asked for staff advice as to the best mix to go about doing it with annexation pattern and time table. 17. COMMISSION/COUNCIL WORKSHOPS Mayor Edgar requested joiht meeting between Council~ and Planning Commission, Parks & Recreation, and Traffic Commission scheduled for 5th Monday of the month on August 30. XIII. ADJOURNMENT Meeting declared adjourned to a Personnel and Executive session and thence to the next regular meeting of July 19, CI~LERK