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HomeMy WebLinkAboutCC MINUTES 1975 03 17 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCI:L March 17, 1975 CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Saltarelli. II. PLEDGE OF ALLEGIANCE Led by Councilman Welsh. III. INVOCATION Given by Councilman Edgar. IV. ROLL CALL Present: Councilmen: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Absent: Councilmen: None. Others present: Acting City Administrator Dan Blankenship Assistant City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS NONE. VI. PUBLIC CONCERNS 1. MS. MAY EVANS, RE: TRASH RECEPTACLES Ms. May Evans suggested that trash receptacles be placed around the grounds outside the new City Hall. The staff was asked to note Ms. Evans' suggestion and check on the progress of placing trash cans outside City Hall. (The Public Concerns portion was re-opened later in the meeting. See page 4-) VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of March 3, 1975, regular meeting. 2. RATIFICATION OF DEMANDS in the amount of $166,475.40. 3. EXONERATION OF IMPROVEMENT BONDS TRACT 7970 Acceptance of improvements and exoneration of bonds as recommended by the City Engineer. 4.EXONERATION OF IMPROVEMENT BONDS - USE PERMIT 72-398 OF SPORTS FUN, INC. Exoneration of bonds as recommended by the City Engineer. 5. RESOLUTION NO. 75-9 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CON- STRUCTION OF THE CIVIC CENTER LIBRARY PARKING LOT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption as recommended by the City Engineer. 6. RESOLUTION NO. 75-10 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE MODI- FICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT RED HILL AVENUE AT SYCAMORE AVENUE AND RED HILL AVENUE AT WALNUT AVENUE AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption as recommended by the City Engineer. Cit~ Council Minutes 3/17/75 Page two 7. RESOLUTION NO. 75-11 A Resolution of the City Council of the City of Tustin, California, AUTHORIZING AND DIRECTING THE CHIEF OF POLICE TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF TUSTIN AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL. Adoption as recommended by the Police Chief. 8. RESOLUTION NO. 75-12 A Resolution of the City Council of the City of Tustin, APPROVING A PROPOSAL FOR REVENUE SHARING FUNDS FOR THE SANTA ANA/TUSTIN JOINT POLICE/FIRE COMMUNICATIONS SYSTEMS, AUTHORIZING THE CHIEF OF POLICE OF THE CITY OF TUSTIN TO EXECUTE ALL DOCUMENTS THERETO, AND APPROVING A JOINT COM- MUNICATIONS AGREEMENT WITH THE CITY OF SANTA ANA, AND AUTHORIZING THE MAYOR TO SIGN. Adoption as recommended by Acting City Administrator. 9. REVISION OF TRAFFIC SIGNAL AGREEMENT Irvine Blvd. & Newport Freeway Authorization for execution of the revised Traffic Signal Agreement and direct the return of previously executed agreement dated November 1974, to the State of California, Department of Transportation. 10. PROPOSED BICYCLE ORDINANCE Table as recommended by the Traffic Commission. 11. RESOLUTION NO. 75-13 A Resolution of the City Council of the City of Tustin, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION. Adoption as recommended by City Engineer (Frontier Park). 12. APPROVAL OF PARTICIPATION IN P.A.D.S. 1975-76 Approval as recon~mended by the Acting City Administrator. 13. AUTHORIZATION OF PURCHASE - TWO PICKUP TRUCKS Approval as budgeted and recommended by the Acting City Administrator. 14. DENIAL OF CLAIMS a. Eugene John Leone b. Dale W. Woodard Denial as recommended by the City Attorney. 15. RESOLUTION NO. 75-14 A Resolution of the City Council of the City of Tustin, California, TO ESTABLISH MONITORING AND RECORDING CAPABILITY. Adoption as recommended and requested by the Police Chief. Moved by Sharp, seconded by Sutcliff that all item~ on the Consent Calendar be approved. Mayor Saltarelli requested the removal of items 10 and 12 for separate discussion. City Council Minutes 3/17/75 Page three Councilmen Sharp and Sutcliff agreed to modify the above motion to approve alI items on the Consent Calendar except items 10 and 12. Carried unanimously. Staff discussed whether item 10, the proposed bicycle ordinance, should be tabled as recor~nended, with Mayor Saltaretli preferring that some definitive action be taken. Following further brief discussion, it was moved by Saltarelli, seconded by Welsh, that the proposed bicycle ordinance, Ordinance No. 623, be rejected. Carried unanimously. In discussion of item 12, approval of participation in PADS, Mr. Blankenship explained to the Council that Buena Park had withdrawn from Public Agencies Data Systems, placing a greater burden on those remaining (Tustin's share of the proposed 1975- 76 PADS budget would be approximately $21,107 for membership, administration and operations and $14,157 for systems development, as compared to a total of approximately $26,000 the previous year). Moved by Saltarelli, seconded b~; Edgar, that the City's participa- tion in PADS 1975-76 be approved. In reply to a question, Mr. Blankenship explained that if PADS should ever dissolve, the City owns the programs and could take them to a service bureau and operate them--although systems development would then be cut off. Above motion carried unanimously. VIII. ORDINANCES FOR / ADOPTION NONE . . IX. ORDINANCES FOR INTRODUCTION NONE · X. OLD BUSINESS 1. CONSIDERATION OF APPOINTMENT - MEMBER OF THE PLANNING COMMISSION The Council deferred a decision on this matter pending discussion during Executive Session. (See page 7. ) 2. APPLICATION OF LYLE ANDERSON FOR RELOCATION ASSISTANCE BENEFITS - Continued from 3/3/75 On the reconunendation of the City Attorney, the Council continued this matter to the next regular meeting of April 7, 1975. 3. CANVASS OF VOTES - PASADENA-CARLANN ANNEXATION NO. 84 Absentee Precinct Envelope No. 4 was opened and Tally Sheet checked. The following results of votes cast were read by the Mayor. Proposition: Shall the Pasadena-Cartann Annexation No. 84 be annexed to the City of Tustin, California? Precinct Yes No Total Absentee 3 19 22 MOved by Edgar, seconded by Welsh,. that after a canvass of all votes cast in the Pasadena-Carlann Annexation No~ 84 it is deter- mined that this Annexation did not clear. Carried unanimously. City Council Minutes 3/17/75 Page four At Mayor Saltarelli's request, staff was asked to agendize for the next meeting the matter of the Council's position on service to areas which have had the opportunity to annex to the City and have refused. PUBLIC CONCERNS Moved by Sattarelli, seconded by Edgar that the Public Concerns portion Iof the agenda be reopened. Carried by 4-1 vote, Mayor Saltarelli voting no. 2. DR. WALTER T. FLAHERTY, RE: POLICE DEPARTMENT Dr. WalteriT. Flaherty, 17502 Irvine Boulevard, Tustin, objected to some of the findings containedin the Mayor's February 20th letter to him concerning an incident which had taken place in the doctor's office on December 27, 1°~74. He took exception to the stated response time of the officers, and said that the Police were being given license to perform badly. Mayor Saltarelli replied that the Council had conducted an impar- tial investigation, with the only discrepancy being between the doctor's account and Police Department records of the response time. He allowed that while there was no question that the re- sponse time may not have been as fast as might be desired, it was not outside the realm of appropriate police service. He suggested that if Dr. Flaherty wished to pursue this further, he proceed under the purview of the Personnel Rules, unless he had some specific new information he wanted to discuss at this time. Mr. DOnald McInnis, Attorney, representing Dr. Flaherty, stated that Dr. Flaherty is seeking a letter from the City stating that he was not the person who acted improperly at the time in not accepting the process server's summons, and that the Police Department acted shabbily; if this is agreeable, the doctor is willing to sign a waiver of his legal rights. Mayor Saltarelli replied that the matter of whether or not the doctor would accept the s~m~nons was a matter of his own judgment; there has been no public statement that he was doing anything other than what he thought was right. The City Attorney has pro- vided a lengthy legal opinion that the Police officers acted properly. The officers instructed Dr. Flaherty on his rights and liabilities relative to a citizen's arrest. Mayor Saltarelli requested, with the consent of the Council, that Mr. McInnis con- tact Mr. Rourke about this, and that Mr. Rourke bring back a rec- ommendation on the matter at the next regular Council meeting. XI. NEW BUSINESS 1. TRAFFIC COMMISSION RECOMMENDATIONS RELATIVE TO SAN JUAN AND ORANGE a. Establish a crosswalk across San Juan Street from the southeast corner of Orange Avenue. b. Add "25 MPH When Children are Present" signs to the existing "School" signs along San Juan Street. c. Request the County of Orange to clear the public right-of-way at the southwest corner of all shrub- bery interfering with visibility of motorists. Moved by Welsh, seconded by Saltarelli, that this matter be con- tinued pending certification of the San Juan-Orange Annexation by the Secretary of State. Moved by Saltarelli, seconded by Sharp, that the recommendations of the Traffic Conm~ission relative to San Juan and Orange, as stated above, be approved subject to completion of the San Juan- Orange Annexation NO. 87. City Council Minutes 3/17/75 Page five Mr. Rourke recommended that action not be taken "subject to the completion of the annexation" because of ambiguities as to when the annexation would take effect. He preferred continuing this matter to the next meeting; the annexation would be completed by then. Moved by Welsh, seconded by Edgar, that the matter of the Traffic Commission recommendations relative to San Juan and Orange be con- tinued until the San Juan-Orange Annexation is legally effective. Carried unanimously. 2. AMENDMENT TO HOUSING AND COMMUNITY DEVELOPMENT ACT APPLICATION Mr. Fleagle stated that the staff took no exception to a modifica- tion in the wording of the agreement between Orange County and the cities participating in the joint application for Housing and Community Development Act funds, which essentially provides for a change in the status of the applicants. It is no longer a joint application but becomes an Orange County application with the cooperation of the cities. The County has stated in corres- pondence that this requirement will have no impact upon the first year's program. RESOLUTION NO. 75-15 A Resolution of the City COuncil of the City of Tustin, California, APPROVING THE AMENDMENT TO THE AGREEMENT FOR THE CITY'S PARTICIPATION WITH THE COUNTY OF ORANGE IN AN APPLICATION FOR FUNDS PURSUANT TO THE HOUSING AND COM- MUNITY DEVELOPMENT ACT OF 1974. After Mr. Fleagle had read the title of the above ResOlution, it was moved by Edgar, seconded by Saltarelli, that further reading be waived and that Resolution No. 75-15 be passed and adopted. Following Mr. Edgar's comments that the City would have to be vigilant on a continuing basis regarding its commitment to par- ticipation, Mayor Saltarelli read a letter from Supervisor Ralph Clark responding to a letter expressing the Council's concern about County controls after the first year of the program, in which Mr. Clark offered assurance that if any changes regarding the Act are comtemplated, the City will be informed well in advance. Following further brief comments, the above motion was carried. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. XII. OTHER BUSINESS 1. SELECTION OF MAINTENANCE YARD ARCHITECT It was the consensus of the Council that the staff interview architects for design of the Maintenance Yard and make a rec- or~aendation to the City Council. 2. SOUTHEAST ORANGE COUNTY CIRCULATION STUDY Councilman Edgar expressed his agreement with the March 17th report to the Council from the Community Development Director concerning the Southeast Orange County Circulation Study, except for a reference to extension of the Garden Grove Freeway (Route 22) easterly. He felt that the Council should be outspoken against a course which would "wipe out" so many fine homes. Mayor Saltarelli stated his prime~concern is for circulation in the City. Citizens of County Service Area No. 5 who might be City Conncil Minutes 3/17/75 Page six affected by a freeway extension have their own political juris- diction'to work through. He indicated concurrence with the Planning Commission position that Irvine Boulevard shouldn't be relied upon as a route to the E1 Toro area, and said that every other means of east/west traffic circulation should be considered. C~uncilman Sutcliff agreed that Irvine Boulevard couldn't handle potential housing developments in the north E1 Toro area, and suggested the need for a study at this time, including study of possible extension of the existing freeway. 3. EIR FOR NEWPORT AVENUE PROJECT In reply to Councilman Edgar, Mr. Fleagle explained that the Environmental Impact Report for the Newport Avenue Improvement Project will not be coming before the Council, as the Planning Commission ~s the certifying agency for those matters not requiring a Council hearing. 4. RED HILL-SYCAMORE ANNEXATION In reply to Councilman Edgar, Mr. Fleagle confirmed that the Local Agency Formation Commission hearing on the Red Hill-Sycamore ~Annexation is set for March 26, and indicated that a homeowners' meeting ~n the area was being held this evening concerning the annexation, with packets of information to be handed out. The earliest an election could be held would be in November. 5. "CONDOVERSION" ARTICLE Mayor Saltarelli complimented Mr. Fleagle for the article in the February issue of Western City magazine concerning Tustin's process and requirements for conversion of apartments to con- dominiums, and commented that Tustin appears to be very innova- tive in this regard. 6. TRACT 8490 In reply to Mayor Sattaretli's question on the status of Tract 8490, adjacent to the Newport Freeway between Santa Clara and Fairhaven, Mr. Fleagle advised that an amendment to the EIR submitted by K & W Development Korporation was related to the subdivision map, and the Council is the final authority on the subdivision map and on certifying the EIR for this project. He stated that plans had been submitten that day and will be adver- tised for public hearing before the Planning Commission. The Cormnission recommendation will then come before the City Council. 7. PEPPERTREE SUEDIVISION - SCHOOL SITE Mayor Saltarelli referred to information that the School District has terminated negotiations with the Irvine Company for acquisi- tion of a school site in the Peppertree Subdivision, and inquired whether the developer has contacted the City with a proposal for housing on the site. Mr. Fleagle replied that there had not been anything submitted To date. 8. FAU AND URBAN PROGRAM Mr. Ledendecker, City Ehgineer, replied to Councilman Edgar's question regarding the impact of being declared ineligible for FAU funds on the Newport Avenue signal modification, installation and interconnect system, stating that the actualaction of the Orange County FAU Technical Review Committee was to establish a priority list to match monies available in the County. Only City Council Minutes 3/17/75 Page seven one project submitted by the City, for installation of signals on McFadden at Williams and at Ritchey, has enough priority, and was selected for the three-year (FY 1973-74, 1974-75, 1975-76) program. Other projects are not ineligible, but are of lower priority. 9. COMMUNITY ASSOCIATIONS INSTITUTE Councilman Sutcliff suggested Council and Planning staff partici- pate in the Community Association Institute, and recommended that a letter be directed to May Russell of the Irvine Company indica- ting the City's interest. It was the consensus of the Council that~this matter be agendized for consideration at the next regular meeting. 10. BARRANCA STORM DRAIN PROJECT Advising Mr. Edgar of the status of the Barranca Storm Drain project, Mr. Ledendecker said that word was received late Friday, March 14, that final approval was received from EDA to advertise for bids. He assumed that the matter would be going to the Board of Supervisors on March 25 for authorization of bids for the work. 12. MARCH-A-THON Councilman Welsh brought to the Councit's and public's attention the fine ~fforts of thousands of young people who volunteered to participate in the March of Dimes March-A-Thon, and also commented on the willingness of many young people to work with senior citi- zens in convalescent homes and on other worthwhile activities in the community. 13. "NO SMOKING" ORDINANCE Councilman Welsh asked the Council's opinion of establishing a "No Smoking" section in the new Council Chambers. After some brief discussion, it was requested that any Council member inter- ested :in~ implementing a no smoking policy in all or part of the Council Chambers contact Mr. Blankenship. 14. CLAIM OF W. R. JOHNSON Mo~ed by Sn~Cliff, secondedby Saltarelli, that the claim of W. R. JOhnsOb be denied, as recommended by the City Attorney. Carried unanimously. 15. COUNCIL CHAMBERS OPENING Mayor Saitarelli announced that the April 7th meeting will be the first Council meeting held in the new Council Chambers at the City Center, and that Assemblyman Bruce Nestande would be on hand that evening to make a special presentation to the City. Refreshments will be served and a brief tour of the Chambers and Community Building will be~held. ADJOURNMENT TO PERSONNEL SESSION The meeting adjourned at 8:40 p.m. to a Personnel Session. CALL TO ORDER The meeting reconvened at 10:18 p.m. OLD BUSINESS 1. CONSIDERATION OF APPOINTMENT - MEMBER OF THE PLANNING COMMISSION (Continued from earlier in the meeting) MoWed by Edgar, seconded by Sutcliff, that Ursula Kennedy be appointed to the Planning Commission to fill Patricia Sutcliff's unexpired term, with term to expire June 30, 1976. Carried unanimously. City Council Minutes 3/17/75 Page eight XIII. ADJOURNMENT There being no further business before the Council, the meeting adjourned at 10:20 p.m.