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HomeMy WebLinkAboutCC MINUTES 1976 06 21 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN June 21, 1976 CALL TO ORDER Meeting called to order at 7:30 p.m. by Mayor Edgar. II. PLEDGE OF ALLEGIANCE Led by Councilman Welsh. III. INVOCATION Given by Mayor Edgar. IV. ROLL CALL Present: Councilmen: Edgar, Sharp, Saltarelli, Welsh, Schuster Absent: Councilmen: None Others Present: William L. Bopf, City Administrator R. Kenneth Fleagle, Assistant City Administrator- Community Development Director James G. Rourke, City Attorney Ruth C. Poe, City Clerk Presentation: Mayor Edgar presented March of Dimes Proclamation to representative Gina Matek. V. PUBLIC HEARING 1. AMENDMENT TO THE PARKLAND DEDICATION ORDINANCE NO. 635 Repor~ and background and Planning Commission recor~aendation given by Dr. Fleagle. Hearing opened at 7:36 p.m. There being no comments or objections the hearing was declared closed. Council discussed City maintenance costs at taxpayers' expense, Association maintenance, anticipated park area in sphere of in- fluence, encouraging County to develop regional park, incentives to developers to develop community association which undertakes maintenance, etc. Moved by Sharp, seconded by Schuster that City Attorney be directed to preparetheordinance amending Ordinance No. 635 for introduction at next regular meeting. Carried by ~oll. Ayes: Edgar, Schusterl Sharp, Welsh, Saltarelli. Noes: None. Absent: None. VI. PUBLIC CONCERNS 1. STREET CLOSING - JULY 4th Mr. Howard Clark, 14471 Cloverbrook Dr. requested Council per- mission to close Cloverbrook between Sandwood ~and Walnut for about 20 homes from approximately 4 p.m. to 10 p.m. on July 4. Mr. Clark stated that the application had been approved by the Fire Department but have a problem with the Police Department which seems to think it would be unsafe to block off this street. Moved by Saltarelli, seconded by Welsh that request be approved. Carried. 2. Presentation of letter from Tustin Meadows Homeowners Association re Sign Code. Mr. Jerry Weil, 1702 Summerfield presented a letter from the Homeowners Board of Directors expressing satisfaction with present sign code. Mr. W~ld stated that there was concern in a liberal code especially in regard to home occupations and interested in more restrictions on Political Signs. Present code is adequate City Council Minutes 6/21/76 Page 2. for Real Estate signs and do not see reasons for liberalization. Mr. WeiL'al~o felt that there could be adjustments ma.de thru Council action such as variances with general guidelines. 3. BBQ UNITS CENTENNIAL PARK In answer to questioning by Councilman Welsh, Mr. Wild stated that BBQ facilities are needed in the park. Two of the units had been replaced. A large BBQ is needed and they are still in Savor of having one. 4. USE OF COMMUNITY BUILDING Mrs. Patricia Cohen representing Orange County African Violet Society requested waiver of overtime charges for use of building for their first annual Violet Show to be held for one week-end in the spring. Mr. Bopf stated Ehat the overEime charge is for having an employee present for the week-end. · Cohen was requested to meet with Mr. Biery to go over the application and determine all fees - both rental and overtime. 5. SIGN CODE ORDINANCE As there were so many present to speak on the Sign Ordinance, it was moved by Saltarellir seconded by Welsh that Old Business No. 1 be taken up at this time. Carried. Concern of Council was to hear those presen~ with comments on Sign Ordinance. The following persons spoke regarding liberalization of Sign Code and need of businessman for identification, and penalties and enforceanent: Dominic Corea, E1 Camino Real~ Mrs. Adele Moot, The Atr~sm, Main Street; Carol Hammond, The Big Tomato First Street; Robert Felderman, The Atrium, Main St.; Diana"e Rawlin, Ralph's Cafe, E1 Camino Real; and Tom Kelly, Kelly'~ Gift Shop, E1 Camino Real. Dr. Fleagle summarized the proposed ordinance with changes and ~n answer to questioning stated that penalties in the Sign Code are same as for other ordinances in the City. In answer ro questioning by Mr. Wm. Moses, Dr. Fleagle stated there is no change in the non-conforming status sections or that concerning painted wall signs. Dr. Fleagle also explained restrictions in home occupations and s~gns, and the fact that the City willnot enforce covenants and conditions. Mr. Ray Kemp spoke on behalf of the Chamber stating that this draft seams better than any earlier ones. Providing a freedom of choice is good and does not increase the number or size of signs. Mr. Kemp questioned definitions of portable signs and real estate signs or free standing signs. Suggested real estate signs be referred to as portable real estate signs as differential from temporary directional signs. Also con- cerned with downtown Tustin V-shaped signs and suggested staff refigure table of overhand and height. Suggested double pay- ment of fees in place of current penalties. Mr. Jim Kiersten spoke on behalf of the Board of Realtors requesting that real estate temporary directional signs and open house be permitted in public right-of-way. Councilman Saltarelli suggested that to cover the City for liability that the Board of Realtors provide liability insurance with City named as co-insured no satisfy the liability problem. City Council Minutes 6/21/76 Page 3. Mr. Rourke, City Attorney stated this would help absolve the City of liability. This kind would only be a policy to cover members of the East Orange County Board of Realtors. If a sign was posted by someone not a meanber, the City would not be protected. From the administrative standpoint he was not sure whether City would be able to keep on top of it. Mr. Kiersten felt this to be an encumberance type of situation. Discussion closed to public input. Council discussed the proposed ordinance and approved the following changes: Article III- Definitions - Porte~Dle signs - The addition of the words "by its own standard which may be implanted in the grounds," after the words "Self-supporting Sign." Article VIII - Section 3-9 - Non-eleCtric Information Sign - Addition of words "temporary" after one (1) unlighted and deletion of words "home occupation" after words garage sale. Article VIII - Section 4-D - Deletion of word "written," Article VIII - Section 6-2 - Type - To read "wall or portable sign." Article VIII - Section 6 - Type - to read a: Standard portable and b: Ornamental portable sign. Article ~III - Section 6 - 5C - Type - to read Standard Portable. Remarks b. delete the word "written." Article VIII - Section 6-6 -Type - ~o read "temporary." It was the consensus of the Council to have the penalty provisions and restriction of real estate signs on public right-of-way unchanged. Moved by Sharp, seconded by Schuster that Ordinance No. 684, adopting the Tustin Sign Code be read by title only. Carried unanimously. Councilman Saltarelli stated he voted aye except that he abstained from those portions that had to deal with real estate reading of the temporary ordinance. Ms. Hammond objected to retaining the penalty clause. Remained consensus to leave penalty clause as now written, Ordinance read by title. Moved by Sharp, seconded by-Schuster that Ordinance 684 be introduced. Carried by roll call. Ayes: Edgar, Sharp, Saltarelli, Welsh, Schuster.' Noes: None. Councilman Saltarelli registered his abstention on these areas that pertain to directional signs which may be differentiated as real estate as opposed to any other type. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - June 7, 1976 meeting. 2. RATIFICATION OF DEMANDS in amount of $242,879.60 COMFIRMATION OF PAYROLL LISTINGS in amount of $53,974.42. 3. RESOLUTION NO. 76-52 A Resolution of the City Council of the City of Tustin AMENDING THE CITY BUDGET AND APPROPRIATING REVENUE OF THE CITY FROM THE 1975-76 FISCAL YEAR. Approval as recommended. CITY Council Minutes 6/21/76 Page 4. 4. RESOLUTION NO. 76-53 A Resolution of the City Council of the City of Tustin, California, APPROVING TENTATIVE PARCEL MAP NO. 76-79. Adoption as recommended by Community Development Director 5. CONFIRMATIONOF CONTRACT CHANGE ORDER NO. 1 - City Center Planting & Irrigation Contract. Confirmation of extra work order as recommended by City Engineer. 6. ADMINISTRATION AGREEMENT, NEWPORT AHFP PROJECT NO. 855. Authorization for execution of agreement as recommended by City Engineer. 7. NEWPORT AVENUE AHFP PROJECT RIGHT-OF-WAY ACQUISITION Authorization for execution of agreemenL as recommended by City Engineer. 8. R/W CERTIFICATION PHASE II NEWPORT AHFP PROJECT NO. 809 & 855. Authorization for execution of Certification as recommended by City Engineer. 9. CONTRACT BOND NO. CA 71082-09, ALLISON HONER CO. COMMUNITY BUILDING Authorization of exoneration of bond as recommended by City Engineer. 10. ORANGE TREE REMOVAL Termination of removal as recommended by City Administrator. 11. REVISION OF SIGN PLAN - KOLL BORCFLARD DEVELOPMENT Approval as recommended by Community Developmenu Director. 12. FIREMEN POSITIONS Authorization to fill vacancies as recommended by City Administrator. Mayor Edgar snared that item 8 would be removed as requested by staff and requested that date in New Business No. 1 of 6/7/76 minutes be corrected to read 1978. Councilman Welsh stated he would like to go on record as abstaining on voting on minutes of last meeting as he was not in attendance. Moved by Welsh, seconded by Schuster that items on consent calendar with the exception of item 8 be approved. Carried. VIII. ORDINANCES FOR INTRODUCTION None IX. ORDINANCES FOR ADOPTION None X. OLD BUSINESS '1. SIGN ORDINANCE TAKEN UP EARLIER IN MEETING. City Council Minutes 6/21/76 Page 5. 2. COMMERCIAL USES OF CIVIC CENTER BUILDINGS Mayor Saltarelli did not feel buildings should be used for any commercial use. Council discussed cormnercial uses, both lecture or training purposes, and those that compete with businessmen in town by selling or taking orders for merchandise. It was felt that this should not be allowed. Moved by Welsh, seconded by Schuster that Parks & Recreation Coramisslon be directed to look into that problem making recommenda- tions, and that they also consider occasions where there is wear and tear due to the amount of people involved that should necessitate a higher fee. Councilman Saltarelli objected to sending this back to the Parks & Recreation Commission. Motion carried. Saltarelli voting 3. MEMOS OF UNDERSTANDING a. Tustin Police Association b. Tustin Fire Assocation Moved by Welsh, seconded by Schuster that memos be accepted. Councilman Sharp stated he wanted it understood that he is not crit- iCiZing or taking exception to whan these memorandums contain or any part of the negotiations that were held this past year. He stated he did not agree with the procedure of declaring an inten~ prior to time of a hearing on the budget which is effected by these letters of intent. This takes away the flexibility the Council should have until budget is approved. Mr. Sharp stated he would like to have the Council consider, prior to this situation coming up again, changing the procedure whereby Council is required to publish any kind of understanding between Council and staff prior to complete budget hearing. In answer to questioning, Mr. Bopf stated it would be possible to revise procedure ~n subsequent years. Councilman Saltarelli stated he would vote against the motion on the basis that one portion of the settlement was not within the anticipated guidelines of the Council. He stated he was not against the amounts or benefits - just the methodology. Mr. Saltarelli said he intends to present proposal to incorporate some of the concerns expressed and to change process of negotiations so all can be more involved. Above motion to accep~ memos of understanding carried. Ayes: Edgar, Welsh, SchUster. Noes: Saltarellil Sharp. 4. MEMBERSHIP IN NIWA Mr. Bopf reported that membership fees would be $5,000 per year. Consensus of Council not to become members. XI. NEW BUSINESS 1. REVITALIZATION OF WATER WELLS Moved by Saltarelli, seconded by Sharp that Resolution be drawn that Council has no objections to the upgrading and newly proposed use of two subject water wells with condition of protection to the City's water Supply. Carried. 2. BUDGET FY 1976-77 Moved by Welsh, seconded by Schuster that budget hearing be agendized for next regular meeting of July 6, 1976. Carried. City Council Minutes 6/21/76 Page 6. 3. GENERAL PLAN AMENDMENTS Moved by Saltarelli, seconded by Sharp that Resolution No. 76-54 adopting Council Policy No. 36~4 related no fees and charges for General Plan Amendments be read by title only. Carried unanimously. Moved by Sharp, seconded by Saltarelli that Resolution No. 76-54 be passed and adopted. Carried. 4. RESOLUTION PERTAINING TO ORANGE COUNTY AIRPORT Moved by Sharp, seconded by Schuster that Resolut~bn No. 76-58 Joint PositionAgreement on Future Role of the Orange County Airport be adopted. Carried unanimously. 5. SEOCCS POSITION Moved by Welsh, seconded by Saltarelli that Council provide support to principals on position paper including EIR. Carried. XII. OTHER BUSINESS 1. REQUEST FOR A SPECIAL MAINTENANCE AND REFURBISHING OF CENTENNIAL PARK Mr. Biery reported that the 2 BBQ units have been replaced and new play equipment installed. No further action taken. 2. STATUS REPORT - COMMUNITY DEVELOPMENT Council expressed desire to annex entire parcel of property on Main Street, westerly of Newpor~ Avenue and not leave a County island. It was explained that no commitment need be made until after this application is heard by LAFCO. 3. SALARY STEPS AND SICK LEAVE REPORT Staff to present a report to Council relative to esLablishing some form of bonus incentive program for low sick leave usage. 4. APPOINTMENT OF TEMPORARY ACTING CITY ADMINISTRATOR Vacation leave for Mr. Bopf approved and Dr. Fleagle appointed Acting City Administrator during that tame. 5. REQUEST FOR TWO NEW POLICEMEN Deferred for final budget approval. Mr. Sharp stated he would like to see some language in the budget that allows Council review of appointments of budgeted positions. Mr. Saltarelli suggested short meetings with Police Chief and Fire Chief to see how they budget their manpower and work hours. Meetings shceduled for 7 p.m. and 7:15 p.m. just prior to the Council meeting of July 19. 6. LIQUIDATED DAMAGE CLAIM Moved by Welsh, seconded by Saltarelli that the City Council confirm the acceptance of the $1,800 in connection with the City's liquidated damage claim. Carried. 7. NICKEL BUS Mr. Bopf informed the Council that the continuation of the subsidy by OCTD for 6 months has been approved by OCTD. Council concurred with the execution of this 6-month agreement. City Council Minutes 6/21/76 Page 7. 8. RESOLUTION NO. 76-55 A Resolution of the City Council of the City of Tustin, California SUPPORTING THE SANTA ANA RIVER FLOOD CONTROL PLAN AND URGING ITS IMPLEMENTATION Resolution presented by Mr. Bopf. Moved by Sharp, seconded by Welsh that Resolution No. 76-55. be adopted as presented~ Carried unanimously. 9. RESOLUTION NO. 76-56 A Resolution of the City Council of the City of Tustin, AMENDING RESOLUTION NO. 74-32 RELATIVE TO MEMBERSHIP OF THE RELOCATION ASSISTANCE AGENCY. Resolution presented by Mr. Rourke. Moved by Welsh, seconded by Saltarelli that Resolution No. 76-56 be adopted as presented. Carried unanimously. 10. JAYCEES REQUEST FOR USE OF MERCURY BUILDING Letter of request for discussion on Jaycee proposal for 3-year lease received. In answer to questioning Mr. Bopf stated that in the agreement the City would be agreeing not to sell the property for 3 years. Consensus of Council that this form of agreement could not be approved. 11. SIGN ORDINANCE PENALTY Dr. Fleagle informed the Council that if it is their desire to reduce the Sign Code violation penalties, a motion could be made to reduce the fine to $250 per violation and removal of imprisonment ~lause1. Moved by Schuster, seconded by Welsh that Section 2-A of Sign Code be amended as presented by Dr. Fleagle. After further discussion Mr. Welsh withdrew his second and motion died. 12. RESOLUTION COMMENDING WINSTON UPDEGRAFF Moved by Welsh, seconded by Sharp that Resolution No. 76-57 commending Winston Updegraff be passed and adopted. Carried. Moved by Saltarelli, seconded by Sharp that the City send a check in the amount of $50.00 toward his retirement gift in appreciation of all Mr. Updegraff has done for the cities. Carried. 13. COUNTYWIDE SERVICE AREA PROPOSAL Countywide Service Area resolution to be prepared for next regular meeting. 14. PADS Mr. Schuster reported on his attendance at PADS meeting and announced new officers. City Council Minutes 6/21/76 Page 8. 15. GOALS AND OBJECTIVES A joint meeting of Councill Planning Commission and Parks and Recreation Con~nission was set for the fifth Monday in August at 7:30 p.m. in the Council Chambers. XIII. ADJOURNMENT Mayor Edgar declared the meeting adjourned to an Executive Session and then no the next regular meeting Tuesday, July 6, 1976. CI~LERK