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HomeMy WebLinkAboutCC MINUTES 1976 06 07 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN June 7, 1976 CALL TO ORDER Meeting called to order by Mayor Edgar aT 7:30 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Schuster. III. INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: Edgar, Sharp, Schuster, Saltarelli Absenr: Councilman: "Welsh Others Present: William L. Bopf, City Administrator R. Kenneth Fleagle, Assistant City Administrator- CoEanunity Development James Rourke, City Attorney Ruth C. Poe, City Clerk PRESENTATIONS Proclamations presented to: Tustin High School Tiller Band Tustin Meraqua Senior A Team V. PUBLIC HEARINGS 1. PROPOSED REVISION TO SIGN CODE #614 The following spoke regarding Sign Code Amendments: Helen Crider - representing Chamber of Commerce requested that Council give serious consideration to concerns submitted by the Chamber of Commerce. Ruben Kvidt - representing Board of Realtors spoke regarding penalties and ~hat they favor bonding rather than fines. Tom Kelly - E1 Camino Real stated that he felt the amendments were more restrictive than the existing ordinance, and that he did not feel that retail commercial businessmen had been represented on the Sign Committee. Perhaps all signs should be subject ~o a use permit. Dominic Corea, business owner, E1 Camino Real - stated he did not feel that the City should regulate color, design, erc., and that a sign should be allowed that fits the business. Margaret Byrd - stated that the Ordinance is not flexible enough. People in old part of town should have a say about the signs they need. Raymond Kemp presented ~ brief refresher of work of original Sign Committee, and stated that businesses should have a freedom of choice as to pole, monument, etc., Council should not regulate color, a temporary real estate directional sign should be allowed on person's property, and if a person considers a s~gn at variance with the Ordinance, if necessary he should be willing to pay for it. Let paople have what they want in a responsible manner. City Council Minutes 6/7/76 Page 2. Ursula Kennedy read letter from Tustin Meadows Homeowners Board of Directors in support of the existing sign ordinance. Also requesting that political s~gns be restricted to same size as real estate signs. As a private citizen, Mrs. Kennedy requested that signing be kept at a minimum and all businesses be treated equally. Don Williams, Farmers Insurance, stated signs are important and requested that he be permitted Eo keep his sign until all businesses are condensed on one sign in shopping center. Robert 0verderest, Econo-Lube, First Street stated he felt surrounding neighbors should be able Eo voice their opinion when a business gets a sign permit. This would avoid one s~gn interfering with another. There being no further comments the hearing was declared closed at 8:47 p.m. CounciI discussed comments by interested parties as well as direction and intent ordinance should take, individual needs, guidelines, financial burden in time and money, the fact that Council is the elected body and should be the hearing body for permits, illegal signing, home personal type signing, etc. Mayor called a recess aE 9:20 p.m. Meeting reconvened at 9:40 p.m. Staff directed~b draft ordinance for next regular meeting which would reflect thinking of the Council including liberalizing, purpose, guidelines, safety, preclude design and color, provide better opportunity for Council review of out of the ordinary sign requests and environmental goals. Councilman Saltarelli requested that Council be furnished for review the draft of original Sign.Committee/Chamber Ordinance. VI. PUBLIC CONCERNS 1. SANTA ANA RIVER FLOOD PROTECTION AGENCY REQUEST Mr. Ed Just spoke regarding the S732 million flood protection package and requested that the Mayor or one Councilman be sent to Washington, D.C. to introduce this protection package as a part of a delegation with other representatives. It was the consensus of the Council to authorize the Mayor's attendance if his schedule permits. 2. MR. ARTHUR CHARLTON - 460 W. SECOND STREET Mr. Charlton reported the repairing of cars at 440 W. Second Street, excessive street parking and repairs and sale of cars, vans and trucks at southwest corner of "A" Street and West Third, and a barking dog tied in yard at this address. Moved by Saltarelli, seconded by Schuster that staff be directed to investigate and take all steps to abate the situation as soon as feasible. Carried. 3. MR. WILLIAM MOSES Mr. Moses asked that the public be given the payroll increases in dollar amounts including cost of living and step increases. Mr. Bopf explained step increase process. City Council Minutes 6/7/76 Page 3. Mayor Edgar informed Mr. Moses that the Agreements of Understanding with Police and Fire would be discussed la~er on the agenda, and that the Council has not as yet made any final decisions. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - May 17 Regular meeting May 24 Special meeting 2. RATIFICATION OF DEMANDS in amount of $153,399.83 and CONFIRMATION OF PAYROLL LISTINGS in amount of $106.,270.21 3. RESOLUTION NO. 76-49 A Resolution of the City Councill City of TUstin, California, ACKNOWLEDGING RECEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR ANNEXATION OF TERRITORY DESIGNATED AS "RED HILL - MITCHELL - WALNUT ANNEXATION NO. 92" TO THE CITY OF TUSTIN AND AN AFFIDAVIT OF PUBLICATION THEREOF, AND APPROVING THE CIRCULATION OF THE PETITION. Adoption as recommended by staff. 4. RESOLUTION NO. 76-50 A Resolution of the City Council of the City of Tustin APPROVING TENTATIVE TRACT MAP NO. 9387 UPON APPLICATION OF FRANCES ROBINSON. Adoption as recommended by Community Development Director. Mayor Edgar asked that item 4 be removed from the calendar. Moved by Sharp, seconded by Saltarelli that items 1, 2 and 3 of Consent Calendar be approved. Carried unanimously. Item 4 - RESOLUTION NO. 76-50 Mayor Edgar recon~aended that Section 2 b. of Resolution be amended to read: "Subject tract shall be required to pay in lieu fees for parkland dedication equivalent to the value of .093 acres in the amount of $1,395.00." This deletes the specific commitment to Columbus Tustin Park and leaveslit to the discretion of the Council a~ a future date. Moved by Sharp, secondedby Schuster that Resolution No. 76-50 be adopted as amended~ Carried unanimously. VIII. ORDINANCES FOR INTRODUCTION None. IX. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 683 An Ordinance of the City of Tustinr Californial AMENDING THE TUSTIN CITY CODE RELATIVE TO COMPENSATION. Moved by Saltarelli, secondedby Edgar that Ordinance No. 683 have second reading by title. Carried unanimously. Moved by Saltarelli, seconded by Sharp that Ordinance No. 683 be passed and adopted. Carried by roll call. Ayes: Edgar, Schuster, Sharp, Saltarelli. Noes: None. Absent: Welsh. X. OLD BUSINESS 1. MEMOS OF UNDERSTANDING a. Tustin Police Association b. Tustin Fire Association City Council Minutes 6/7/76 Page 4. Councilman Sharp stated that he preferred ~o defer approval of these Memorandums of Agreemen~ until complete budget decision, and until there is a full Council present. Mr. Bopf explained the problems of continuing this matter as far as employees are concerned, and the fact that the City and Associations had reached an agreement under negotiations in good faith, and pursuant to State law the Council did have an executive session on this matter, and he was advised the Memos of Understanding were acceptable and as directed had notified the employees of this. There are funds available in the budget for the programs. Police Chief Kelly spoke on the fact that step ~ncreases are earned and at times are withheld. The Chief cited three instances. After further discussion of the availability of budgeE monies, step xncrease plan, overall budget planning, it was moved by Saltarelli, seconded by Sharp that approval of Memorandums of Understanding with Police and Fire Associa- tions be continued ~o nexE regular meeting. Carried. 2, EXCESS LAND SALE - CALIFORNIA DEPARTMENTOF TRANSPORTATION- UTT PARK Moved by Saltarelli tha~ staff recommendations be approved. Moved by Sharp, seconded by Edgar that Resolution No. 76-51 A Resolution of the City Council of the City of Tustin, California OPPOSING THE SALE OF EXCESS STATE PROPERTY CURRENTLY DESIGNATED UTT PARKbe passed and adopted. Carried unanimously. 3. COMMERCIAL USES OF COMMUNITY BUILDING AND COUNCIL Councilman Saltarelli spoke against commercial uses. Councilman Schuster felt this needed more discussion and study. Moved by Saltarelli, seconded b7 Schuster that this matter be continued to next regular meeting. Carried. 4. FUTURE USE OF THE OLD RED HILL FIRE STATION Moved b~ Saltarelli, seconded by Sharp that recommendation of staff to request the County of Orange, Real Property Services Division to offer this subject property for private sale and redevelopment with provision that the existing facility should actually be razed and replaced with a new development which will comply with adequate traffic safety requirements, acceptable circulation patterns, and contemporary design objectives be approved. Carried. 5. NORTON GARAGE - 14121 DEL AMO AVE. Moved by Saltarelli, seconded by Schuster that request of Mr. Norton fox relief from the requirements of Ordinance No. 330 (Home OccUpation) be tabled, Carried.. 6. WELL SITE AGREEMENT - TUSTIN WATER WORKS Moved by Saltarelli, seconded by Schuster that the Mayor be authorized to execute the Well Site lease when agreement by both parties asto provisions of the lease is reached. Carried. City Council Minutes 6/7/76 Page 5. XI. NEW BUSINESS 1. NEWPORT-IRVINE WASTE - MANAGEMENT PLANNING AGENCY StaffEeq~ested to investigate fees, rights and obligations encumbered. Matter continued to next regular meeting. 2. NEW CITY/COUNTY HEALTH SERVICE AGREEMENT Moved] by Saltarelli, seconded by Sharp that the Mayor be authorized to execute the new Health Service Agreement with the County of Orange including Exhibit A, which includes those ordinances that will be enforced by the County due Eo State mandated code, and those ordinances that will be enforced by the County with the County charging the person being ~nspected an appropriate inspection fee. Carried. 3. NEWPORT AVENUE PROJECT a.R/W Certification Phase~ IB Newport AFHP Project No. 809 & 855 (Demolition Contract) b. Demolition Contract - Newport Ave. AHFP Project. Moved by Saltarelli, s~_c~onded by Schuster that the Mayor and City Clerk be authorized ~o execute R/W Certification Phase IB. Carried. Movedby Saltarelli, seconded by Sharp that the City Engineer beauthorized to seek informal bids for "Demolition Contract, Newport Avenue A~FP Project =809 and 855, Phase IB ConstructionI" and to award the work to the lowest bidder if within the $5,000 maximum permissible. Carried. 4. CLAIM OF WILHELM PICH FOR RELOCATION ASSISTANCE BENEFITS Mr. Dunnhart attorney for Mr. Pich requested a hearing be set as soon as possible preferably in July. Moved by Saltarelli, secondedby Sharp that the City Council vacate its decision of October 7, 1974, and directing that the matter be refe~redto the City of Tustin Relocation Assistance Board for hearing and determination at time mutually acceptable by both parties. Carried. XII. OTHER BUSINESS 1. PLANNING COMMISSION APPOINTMENTS Moved by Saltarelli, seconded by Sharp that the following be reappointed to the Tustin Planning Commission with terms expiring June 30, 1978: James Lathrop Robert Hill George A. McHarris Motion carried. Mayor requested that letters of appreciation be prepared to these Commissioner.s for his signature. 2. TRAFFIC SIGNAL DELAY INVESTIGATIDN (NEWPORT & NISSON) Moved by Sharp, seconded by Saltarelli that report he received and filed. Carried. 3. STATUS REPORT - COMMUNITY DEVELOPMENT Mayor Edgar requested tha~ item f. under Pending General Plan Amendments of'report be deleted and zoning remain R-1. Council discussed liability for payment of EIR costs -City or applicant. City Council Minutes 6/7/76 Page 6~ Moved by Sharp, seconded by Schuster that when amendment to General Plan or Zoning requires an EIR, the cost should be at the expense of the initiating party. If initiated by Planning Commission on own motion, it should be at City expense. If initiated by proper~y owner for his advantage, the EIR would be at his expense. Carried. 4. ANNEXATION NO. 96 Moved by Sharp, seconded by Schuster that report from the Planning Commission be received and filed. Carried. 5. METROPOLITAN TRANSPORTATION ENGINEERING REPORT - RE BIKEWAY STANDARDS & PLAN PREPARATION RESPONSIBILITY NO action taken. 6. USE OF ASSESSMENT PROCESS - IRVINE RANCH WATER PROBLEM Mr. Bopf reported on this problem and explained that water would be taken from the Tustin area and sent to another area, including water from a well located within the City. More information will be presented at next Council meeting. 7. LIABILITY INSURANCE Mr. Bopf informed the Council that liability insurance had gone up approximately $40,000 over the previous year. In- surance has been renewed and he recommended that City stay with this coverage at least until August, and during the interim have greater discussion about self insurance and discuss at greater length. 8. WORKSHOPS a. Budget Session Workshop, Monday June 14, 3 p.m. Conference Room. ' b. Joint meeting with Foothill Communities Association JUne 15, 7:30 p.m. CouhCil Chambers. 9. SICK LEAVE Councilman Saltarelli requested a reporn of sick leave usage for all departments. 10. COUNCIL EMPLOYEE ASSOCIATION GUIDELINES Mayor Edgar stated that he understood there was a resolution recommended by the League of Cities of. Guidelines for dealing with Employee Associations, and asked that staff report on this. XIII. ADJOURNMENT Mayor Edgar declared the meeting adjourned to a Budget Session at 3 p.m. June 14 in City Hall Conference Room, and then to next regular meeting of June 21, 1976. MAYOR C~ CLERK