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Home My WebLink AboutCC MINUTES 1975 12 15 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS CITY CENTER CENTENNIAL AT MAIN December 15, 1975 I. CALL TO ORDER The meeting was called to order at 7:30 by Mayor Saltarelli. II. PLEDGE OF ALLEGIANCE Led by Councilman Edgar. iII. INNOVOCATION Given by Councilman Welsh. IV. ROLL CALL Present: Councilmen: Saltarelli~ Welsh, Edgar, Sharp Absent: Councilwoman Sutcliff (ill) Others present: City Administrator William Bopf Assistant City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth C. Poe Announcement: Mayor Saltarelli'!a~nounced that OCTD will help finance the nickel bus in the amount of $2,000.00 per month. V. PUBLIC HEARINGS 1. FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 3 Hearing Opened at 7:35. There being no comments or objections the hearing was declared closed. Moved by Edgar, seconded by Sharp that Resolution 75-74, establishing Newport Underqround Utility District No. 3 have reading by title. _ Carried unanimously. Moved by Sharp, seconded by Edgar that Resolution No. 73-7~ be passed and adopted. Motion carried by roll call. Ayes: Saltarelli, Welsh, Edgar, Sharp. Absent: Sutcliff. 2. PZ 75-1 Prezoning properties located on the easterly side of Newport Ave., southerly of Mitchell Ave. as the Commercial General District (CG). Mr. Fleagle reported that the annexation on this property will be filed with LAFC on Friday and that he.=had received letters of consent from 72% of the propert~ewners. Hearing opened at 7:40. There being no comments or objections the hearing was declared closed. Moved by Welsh, seconded by Edgar that the recommendation of the Planning Commission, as contained in Resolution No. 1475 be approved and that the City Attorney be directed to prepare the necessary implementing ordinance. City Council Minutes 12/15/75 Page 2. Motion carried by roll call. A~es: Saltarelli, Edgar, WelSb~ Sharp. Absent: Sutcliff. 3. SECOND YEAR FUNDING, HCD ACT OF 1974 Mr. Fleagle presented report. Hearing opened at 7:43. Mrs. Gina Matek spoke in favor of application and requested that in the future the Couh~il raise ta~es for city projects. There being no further comments and no ~bjections the hearing was declared closed. Moved by Edgar, seconded by Sharp that the Council make a commitment for the $84,000.00 and make commitment of $44,000 to the E1 Camino Real storm drain expecting the City to try to get Flood Control matching funds, that I we commit $20,000.00 to the downtown cur~s and gutters, specifically excluding sidewalks, that will be comparable to those that we are anticipating to have on Third St., that we commit $10,000.00 to the improvement to the Tustin YoUth Ctr~ that has been identified as a program that would certainly serve the eitizens of downtown Tustin very well, and that~we put the last $10,000.00 into improving the street ligh~inglin the downtown area. Council discussed matching grants, combined funding, timing etc. Moved by Edgar, seconded by Sharp to revise above motion to read $55,000.00 for E1 Camino Realm; Moved by Welsh, seconded by Edgar that ~the moti~n~i~de thatrwithout approval of project as presented the Council withdraw, at the same time as application is disapproved, our population from the county count. Motion Carried by roll call. Ayes: Saltarelli, Edgar, Welsh, Sharp. Absent: SUtcliff. Revised original motion carried by roll call. Ayes: Welsh, Edgar, Sharp. Noes: Saltarelli~' Absent: Sutcliff. VI. PUBLIC CONCERNS None VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES December 1 Regular meeting December 9 !Special meeting 2. RATIFICATION OF DEMANDS in the amount Of $41,311.76 and CONFIRMATION OF PAYROLL LISTING in amount of $56,283.55. 3. RESOLUTION NO. 75-85 A Resolution of the City Council of the City of Tustin APPROVING TENTATIVE TRACT MAP NO. 8912 ON APPLICATION OF IRVINE COMPANY. 4. RESOLUTION NO. 75-83 A Resolution of the City Council of the City of Tustin APPROVING FINAL PARCEL MAP NO. 75-78 ON APPLICATION OF CITIES SERVICE COMPANY. Adoption as recommended. City Council Minutes 12/15/75 Page 3. 5. CONDEMNATION PROCEEDINGS - NEWPORT AVENUE 1) RESOLUTION NO. 75-75 A Resolution of the City Council of the City of Tustin, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. (A.P. 62-112-05, A.P. 62-271-02, A.P. 62-271-03) ~ 2) RESOLUTION NO. 75-76 i : A Resolution of the City Council of the City of - Tustin, FINDING ?AND DETEP~MINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. (A.P. 401-284-07, S.B.E. 872-30-9F-20) 3) RESOLUTION NO. 75-77 A Resolution of the City Council of the City of Tustin, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. (A.P. 62-251-15, A.P. 62-251-17) 4) RESOLUTION - 75-78 A Resolution of the City Council of the City of Tustin, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, 'THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. (A.P. 103-293-19, A.P. 103-293-20) 5) RESOLUTION NO. 75~79 A Resolution of the City Council of the City of Tustin, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. (A.P. 103-292-26) 6) RESOLUTION NO. 75-80 A Resolution of the City Council of the City of Tustin, FINDING AND DETERMINING THAT PUBLIC INTEREST AND NECESSITY REQUIRE, AND ORDERING, THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES. (A.P. 103-230-58) 6. RESOLUTION NO. 75-81 Resolution of the City Council of the City of Tustin, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF NEWPORT AVE. _ Adoption as recommended by City?Engineer. 7. RESOLUTION NO. 75-82 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. Adoption as recommended. City Council Minutes 12/15/75 Page 4. 8. RESOLUTION NO. 75-84 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING RECORDATION OF NOTICE OF COMPLETION. Approval as recommended. Councilman Edgar requested the removal of COnsent Calender items 1, 6 and 8. Moved by Sharp, seconded by Edgar that all Consent items other than 1,6 and 8 be approved. Motion carried unanimously. Consent No. 1. Councilman Edgar requested that minutes as submitted be corrected as follows: Public~:: Concerns #1 - Building of a Tustin Area Performing Arts Center. New Business #3 - Minutes to include that re to storm drain Mr. Edgar requested it be segmented in different portions so that we would have the option to do part of it yearly if the Council so decided. Moved by Edgar, seconded by Welsh that Minutes be approved as corrected. Motion carried unanimously. Consent No. 6 - Resolution 75-81 It was clarified that the intent at the last Council meeting was that the development of Newport be segmented into four years. In the fourth year will be the traffic signal, widening of Bryan Ave. and the beautification projects because of additional A.H.F.P. money available in the fourth year. All construction and stubbing for electrical & watering systems in center islands and conduit & electrical for traffic signal will be in third year. Moved by Edgar, seconded by Sharp that Consent Calendar No. 6 be approved. Motion carried unanimously. Consent~i~ 8 - Resolution 75-84 In answer to questioning by the Council, Mr. Rourke stated that the adoption of this Resolution does not obligate the City to pay out any money. Mr. Sharp states he had not attended the final inspection of the building but the 30 day'lien period leaves time for a final inspection. Moved by Welsh, seconded by Saltarelli=that Consent Calendar No. 8 (Resolution 75-84) be adopted. Motion carried unanimously. VII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 670 An Ordinance of the City of Tustin, California AMENDING THE TUSTIN CITY CODE RELATIVE TO REGULATION OF TAXICABS. Report presentedby Mr. Bopf. ~r; R0ur~e stated that there is an administrative review and he B'as been in contact with the Transit District legal Council and think we are in ~he general process of arriving at a City Council Minutes 12/15/75 Page 5. better way of handling it than just making any direct requirements relative to public transportation such as Dial- A-Ride. It is going to be proposed that we follow a pro- cedure of a~king the Transit District to give us its recommendations on any applications for permits of taxicab companies and a memorandum will be forwarded to the City Council on this. No other license will be issued until all questions are resolved. Moved by Welsh, seconded by Edgar that Ordinance No. 670 have first reading by title. Motion carrie~ unanimously. Mayor Saltarelli requested that no taxi cab ~cense be issued without express consent of the Council until other matters are resolved. Moved by Saltarelli, seconded by Welsh that Ordinance No. 670 be introduced. Motion carried unanimously. 2. ORDINANCE NO. 671 An Ordinance of the City of Tustin, California, PROVIDING FOR POSTING OF BONDS IN LIEU OF IMMEDIATE PERFORMANCE OF CERTAIN CONDITIONS. Report presented by Mr. Bopf. Council questioned the escalation of costs after bend is posted. Mr. Rourkestated that this Ordinance g~ives the Council the power to do this general business and in specific instances the amount of the bond and whether it' is to have an escalation clause can be built into it. This is enabling legislation. Moved by Edgar, seconded by Sharp that Ordinance 671 have first reading by title. Motion carried unanimously. Moved by Sharp, seconded by Edgar that Ordinance No. 671 be introduced. Motion carried by roll call. Ayes: Saltarelli, Welsh, Edgar, Sharp. Noes: None. Absent: Sutcliff. X. OLD BUSINESS 1. CONSIDERATION OF APPOINTMENTS -PARK & RECREATION COMM. Moved by Sharp, seconded~b~~ Saltarelli that Council go into executive session to e~ce~ this matter. Motion carried. Council convened to executive session and reconvened to regular meeting at 8:40. Moved by Mayor Saltarelli, seconded by Welsh that Council approve appointments of the following to the Parks & Recreation Commission with terms to expire December 31, 1977. Thomas Tallman · Mary Hernandez George F. Everett Motion carried by roll call. Ayes: Saltarelli, Welsh, Edgar, Sharp. Noes: None. Absent: Sutcliff. Letter of appreciation for past service to be sent to Robert Burris. XI. NEW BUSINESS 1. TRAFFIC COMMISSION RECOMMENDATIONS 1) Removal of Parking - Fashion Lane between First St. and Irvine Blvd. Report presented by City Engineer Ledendecker. City Council Minutes 12/15/75 Page 6. Council discussed exploring temporary measures such as no parking signs, temporary parking lot on vacant property and no parking on curved portions. Movedby Edgar, seconded by S~ltarelli tha~red lines be installed by the curb cuts for further visibility. Motion carried unanimously. Traffic Commission requested to continue watching the problem and perhaps the City can phase into a more stringent requirement as time goes by. 2. Utt Park - Request by State that City buy the land. Council discussed the desire to keep the land in its present fo~n, need for high speed interchange, zoning etc. Moved by Saltarelli, seconded by Sharp that the City com- municate with the State stating that we are interested in keeping this p~perty in the same use that it is now in and feel thatrany t~pe of development would have such adverse effects on the environment as to render the property of little value and that in accordance the Council is ordering the City Planning Commission to hold public hearings to determine the appropriate use of the land. Motion carried unanimously. XII. OTHER BUSINESS 1. Maintenance Yard In answer to questioning.by Councilman Edgar, Mr. Bopf stated that staff received contract last week from the City Attorney which will outline the program for the architect. Program does '~nvolve a 2 phase type of study one of which is the study of alternatives and needs for the City and have devel- oped that draft if the Council would like to have a study session on that phase before proceeding. First phase is an overall review of the needs. Time frame for this first frame wou~ be 6 to 8 weeks. 2. Legal options - Building Bi-Centennial Memorial Mr~.Rourke stated that the Council would be receiving a written report on this matter and he did not see any legal way that this memorial could be built by volunteer labor as requested. Donations could be accepted but project must go to bid. Council asked that bid for monument be kept separate. 3. Annexation Moved by Edgar, seconded by Sharp that the Council delibe~ rately plan for the ballot election in November for 3 annexation?elections. 1) ~recinct 72-285. 2) Precinct 72-281 and portion of 287 that was not in Red Hill-Sycamore annexation. 3) Precinct 72-282, east & west of Newport. This would make the commitment that by November 1976 every resident in cou~y islands south of the Santa Aria Freeway would have the opportunity to vote as to whether they w~n~ tO be in the City. Staff to prepare a time table for these annexation elections as to actions to be taken. Relative to the Mitchell Heatherfield annexation, Mr. Bopf stated that he hoped to have a list of petition passers by the next Council meeting. Motion carried by roll call. Ayes: Saltarelli, Welsh, Edgar, Sharp. Noes: None. Absent: Sutcliff. 4. Council/Parks & Recreation Commission Workshop City Council Minutes 12/15/75 Page 7. Study session set for January 12th. at 4:00 or 4:30 to be verified by the Commission. XII There being no further business Mayor Saltarelli declared the ADJOURNMENT meeting adjourned. JMAY~R