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HomeMy WebLinkAboutCC MINUTES 1975 03 03 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL March 3, 1975 CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Saltarelli. SEATING OF NEW MEMBER Moved by Sharp, seconded by Edgar, that Patricia Sutcliff be officially; seated as a Member of the City Council. Carried unanimous ly. Councilman Sutcliff took her place at the Council table. II. ROLL CALL Present: Councilmen: Saltarelli, Sharp, Edgar, 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 III. PLEDGE OF ALLEGIANCE Led by Councilman Edgar. IV. INVOCATION Given by Councilman Sutcliff. ELECTION OF MAYOR PRO TEM Mayor Saltarelli placed the names of all four Councilmen in nomination for the office of Mayor pro tem. The City Clerk passed out ballots and a ballot was cast, with resulting votes as follows: 2 for Councilman Sharp, 2 for Councilman Edgar, 1 for Councilman Welsh. A second ballot_Was held betWeen Mr. Sharp and Mr..Edgar,' with the following results: 5 votes for Mr. Edgar. COUNCIL REPRESENTATION ON COMMITTEES Mayor Saltarelli recommended that the following appointments be made to various organizations on which the Council is represented: Alternate to Sanitation Districts 1 & 7 .... Sharp Alternative to Orange County Division, League of California Cities ......... Sutcliff Representative to Public Agencies Data Systems Board of Directors ....... Sutcliff Liaison to Committee developing Museam . . .Edgar Moved by Edgar, seconded b~F Sharp, that all appointments be made as recommended, Carried unanimously. PRESENTATIONS 1. DONATION FOR FLAGPOLE Ms. Jean Adams of the Tustin Business and Professional Women's Club presented to the Council a check for $280 for the flagpole at Magnolia Park, in keeping with their commitment to furnish flagpoles for all City parks. The BPW contribution was greatfully acknowledged by Mayor Saltarelli on behalf of the City Council. City Council Minutes 3/3/75 Page two 2. WITNESS TO FITNESS WEEK PROCLAMATION Mayor Saltarelli read a letter he had received from Captain James A. Lovell, Astronaut and consultant to the President on physical fitness and sports, commending the City's annual emphasis on physical fitness and extending congratulations to the Witness to Fitness participants. Mayor Saltarelli then read in full and presented to Mr. Speed Schuster a !Proclamation designating the week of March 3 through March 9, 1975, as "Witness to Fitness Week in Tustin". V. PUBLIC HEARINGS NONE. VI. PUBLIC CONCERNS NONE. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - Special meeting February 13, 1975 Regular meeting February 18, 1975 2. RATIFICATION OF DEMANDS in amount of $115,088.87 3. RESOLUTION NO. 75-7 A Resolution of the City Council of the City of Tustin, California, APPROVING FINAL TRACT MAP NO. 8763 (IRVINE INDUSTRIAL). Approval as recommended by City Engineer. 4.EXONERATION OF IMPROVEMENT BONDS - Tract No. 8033, 8034, 8035, 8028, 8029 Acceptance of Public Improvement Bonds in these tracts and exoneration of pertinent bonds as recommended by the City Engineer. 5. RESOLUTION NO. 75-8 A Resolution of the City Council, City of Tustin, California, FINDING AND DETERMINING THAT PUBLIC INTEREST AND CONVENIENCE REQUIPa THE SALE OF REAL PROPERTY AT 155 WEST FIRST STREET, TUSTIN, CA. In reply to Council questions, staff advised that the block wall fence construction, required as part of the Laurelwood subdivision, is underway; and that Resolution No. 75-8 provides for a $1000 deposit by anyone offering to buy the subject property. Moved by Edgar, seconded by Sharp, that all items on the Consent Calendar be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 644 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE MEETING PLACE OF THE CITY COUNCIL. City Council Minutes 3/3/75 Page three Moved by Edgar, seconded by Sharp, that Ordinance No. 644 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 644 by title. Moved by Welsh, s~conded by Sharp, that Ordinance No. 644 be adopted. Carried by roll call. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. 2. ORDINANCE NO. 645 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO ISSUANCE OF CITATIONS. Staff was instructed to send out notices again regarding Police Department enforcement of traffic and parking regulations in private parking lots to shopping center owners. Moved by Edgar, seconded by Sharp that Ordinance No. 645 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 645 by title. Moved by Welsh, seconded by Sharp, that Ordinance No. 645 be adopted. Carried by roll call. Ayes: Salt~relli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 646 An Interim Ordinance of the City of Tustint California, ADOPTED AS AN URGENCY MEASURE RELATIVE TO ALLOWABLE USES OF CERTAIN PROPERTIES ON FIRST STREET. Moved by Sharp, seconded by Edgar that Ordinance No. 646 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 646 by title. Moved by Sharp, seconded by Edgar, that Ordinance No. 646 be introduced. Carried by roll call. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. Moved by Edgar, seconded by Sharp, that Ordinance No. 646 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 646 by title. Moved by Sharp, seconded by Edgar, that Ordinance No. 646 be adopted as an urgency measure. After Mr. Fleagle had answered questions pertaining to this Ordinance, the motion to adopt as an urgency measure was car- ried by roll call vote. Ayes: Saltarelli, Edgar, Sharp, Sutcliff, Welsh. Noes: none. Absent: none. X. OLD BUSINESS 1. APPLICATION OF LYLE ANDERSON FOR RELOCATION ASSISTANCE BENEFITS Based on a request from the applicant, it was the consensus of the Council to continue this matter to the next regularly sched- uled meeting of March 17, 1975. City Council Minutes 3/3/75 Page four 2. USE POLICY - NEW COMMUNITY BUILDING Mr. DOn Biery, Director of Parks and Recreation, stated that the policy had been reviewed and modified by the Parks and Recreation ContmiSsion in accordance with Council discussion at the February 3d Council meeting. In reply to a question, Mr. Biery indicated that the authority for granting permits for alcoholic beverages in the building could be in his depart- ment and based on criteria set forth by the City Council. In further discussion, it was the consensus of the Council that partisan political activity would be prohibited, with the intent being that candidates for the Senate, for example, could use the building (or a candidates' night could be held) but not an individual candidate for the Council. This would be incorporated in the policy under Section B-4: "Use of the Community Building for a commercial or partisan political function will not be allowed". Councilman Edgar stated that, with that intent, the Parks and Recreation Director has the authority to be the judge of whether a political activity is permissible, subject to review and approval by the City Council where there is not a clear-cut case. In discussion of whether the Parks and Recreation Director should have the authority to make decisions about alcoholic beverage permits, Mayor Saltarelti stated that he was against it, and Councilman Edgar stated that this could be delegated to the Parks and Recreation Commission, although he did not feel it was unwise to give the Director that authority if he brings any controversial applications to the attention of the City Council. Mayor Saltarelli suggested that each time the City allows alcoholic beverages, a special City employee should be in attendance in case of any problems; the fee would cover the personnel cost. In reply to Councilman Sharp, staff advised that the building has insurance including for glass breakage, and the application for use of the building includes a provision making the user responsible for damages. Moved by Sharp, seconded by Welsh, that the Use Policy for the new Community Building be approved as amended by the above dis- cussion. Carried unanimously. In reply to Councilman Edgar, Mr. Biery stated that policies related to use of all the City's public buildings are being reassessed. XI. NEW BUSINESS 1. ASSISTANCE TO AMICUS CURIAE EFFORT IN CASE OF GLENDALE CITY EMPLOYEES ASSOCIATION VS. CITY OF GLENDALE Mr. Rourke recon~nended that the City of Tustin participate in an effort by various cities to gain Supreme Count approval of the City of Glendale's position by sharing in the costs of an amicus curiae brief to the California Supreme Court, and consider it a good investment in the united protection of the rights of cities. The case involves an action brought against the City of Glendale by the Glendale City Employees ASsociation seeking to compel the City to pay salaries to the employees in accordance with a salary survey that the City had agreed to take. A trial court decision in the employees' favor was later reversed by the Court of Appeals, and the California SupEeme Court has now granted a hearing. Mr. Rourke indicated that there is a tremen- dous amount of litigation going on Statewide to the extent that, through the League or otherwise, the City can assist other City Council Minutes 3/3/75 Page five agencies in litigating in the City's behalf the same types of questions that Tustin could be involved in. He felt it would be to the City of Tustin's direct benefit to join with help where possible. Replying toCouncilmen's questions, Mr. Rourke explained that rather than having the salary survey be just advisory and informative to the Glendale City Council, the Employees Association felt that the Council had to adopt the same salaries. There was not in fact any agreement to do any particular thing other than to take a salary survey. Moved=by Sharp, seconded by Edgar, that the City of Tustin contribute $100 to this cause and consider it a good invest- ment in the united protection of the rights of cities. Carried unanimously. XII. OTHER BUSINESS 1. OLD CITY HALL BUILDING In reply to Councilman Edgar's question about the costs for modifying the old City Hall facility, Mr. Biery stated that the approach is to keep all costs down to the basic essentials, and therefore it is planned to use the trailer building almost as is, leaving partitions in.and moving only the counter and electrical plugs. Mr. Biery indicated that the cost of this work would be about $100 to $150; Mr. Waldo, the Building Official, confirmed this figure for the electrical work. Fir. Biery replied to further questions from the Council by stating that the present staff will be used initially, with extra money beyond the cost of instruction to go toward the operation of the facility. The full use of the building is not anticipated until seer; once in, there will be ten different courses conducted there--more if there is interest and the instructors can be found. Some programs will be shifted, too, for better usage of all the facilities. MOved byEdgar, seconded by Welsh, that the Parks and Recreation Department be authorized to initiate the program and consider it as part of the present program. Councilman Sharp expressed concern about using the facility and the probability that its programs will become popular and in demand, and later having to eliminate the facility because of studies indicating a higher use for the site. He asked consideration of the costs of relocating this building or find- ing other facilities in which to hold the programs if that eventuality should occur. Mayor Saltarelli stated that if this turned out to be a success- ful program and one which the Council will want to continue, then the City will lose the use of this building for the Maintenance Yard. He estimated that it could cost the City $100,000 in delays in moving into the Corporation Yard and to build build- ings to replace these which are movable, and it co~uld affect the whole design of the Corporation Yard. He recoI~nended proceeding with the Corporation Yard, moving these buildings down there, and using the Smith house on Prospect (which the Maintenance Department is now occupying) for a cultural arts center. Mac. Saltarelli stated he had no objection to Recreation using the buildings temporarily. Councilman Sharp suggested approving Recreation's temporary use of the facility with the assumption that the building will be moved as soon as possible. He favored approving an arrangement whereby the facility could be used temporarily until the other facilities are available. City Council Minutes 3/3/75 Page six Councilman Edgar agreed. ' Councilman Sutcliff asked about the length of time the courses take. She was advised that they are eight-week courses. Mrs. Sutcliff then suggested taking eachlperiod separately-- approving the usagel on a two-month-to-two-month basis. Mayor Saltarelli preferred to take a positive action that night towards a permanent Corporation Yard, and using other facilities for the cultural arts program. He stated that development of the Corporation Yard had been held up because of mone~ and the cooperative effort with ~he School District, and said that the financial position of the School District is such that they may not even participate with the City on tennis courts, so the City cannot depend on funding from the District for a Corporation Yard. Mr. Blankenship indicated that the biggest cost in setting up this building on the Corporation Yard site would be building the permanent foundation and bringing in utilities, and he expressed uncertainty that the building would be usable for the Maintenance Yardl as their office space needs are much less than the 3,000 square feet in the building; most of the structure would then be used for storage, which may noE be the best use. He advised that staff has advertised for architects, and letters of interest have been received~ Analysis is underway of which architects are most experienced with the type of needs the City has. Mr. Blankenship estimated that as fast as the building could be moved, the earliest that could occur, if necessary, would be September. So it could be used by Parks and Recreation for several terms. He noted that the staff is also keeping a close eye on the Prospect Park development. Councilman Welsh stated that he could see no purpose in leaving the building stagnant, and said that it is the Council's respon- sibility ~o be responsive to these types of cor~aunity needs. Moved by Saltarelli, seconded by Edgar, that the above motion be amended ~o provide that the Parks and Recreation Department be authorized to use the facilities for their programs, sub- ject to the stipulation that no additional administrative staff members will be hired as an adjunct to the cultural arts program. Carried unanimously. 2. PARAMEDIC CONTRACT In connection with the contract for paramedic service presented by staff for Council approval, staff replied ~o questions from the Council, indicating that the base hospital for the Tustin area paramedic service would be Mission Community HoSpital in Mission Viejo, with Tustin Community Hospital and Chapman General Hospital being the receiving hospitals. Moved by Welsh, seconded by Edgar, that the agreement with the County for paramedic service be approved with the'following revi- sions or insertions: a. Cost for 1974-75, "zero" due to no available budget for the service. b. Cost for 1975-76, $55,062 as proposed,by ~he County Fi~e Depa.rtment. c. 90-day cancellation at any time, not at fiscal year only. d. Definition of normal service area covered by this paramedic unit. Mr. Blankenship recommended some flexibility on the "zero" amount, City Council Minutes 3/3/75 Page seven in case the County Counsel rules there has to be some token payment for this fiscal year. Mayor Saltarelli stated that if this should turn out to be any major amount, he would report to each member of the City Council. Above motion carried'unanimously. 3. VACANT PERSONNEL POSITIONS The staff and employees were congratulated for doing such an outstanding job in spite of all the vacancies existing in the City. Moved by Sharp,seconded by Edgar, that one Intermediate Typis~ Clerk position in the Police Department be filled. Carried unanimously. 4. PAYMENT TO A. QUINCY JONES Mr. Blankenship presented three invoices from A. Quincy Jones, City Center architect, for services rendered. Councilman Sharp inquired about the status of the drainage situation. Mr. Rourke indicated that nothing had been decided, although there had been a couple of meetingS and s lot of input on both sides. Other problems are pending too, and the time is approach- ing when all these things will have to be resolved with the architect. Moved by Sharp that payment be adjusted to set aside enough to cover the cost of the drainage problem. Motion died for lack of'a second~ Following brief discussion, it was proposed that only two of the three invoices be approved for payment, leaving one out- standing, pending resolution of the controversy surrounding the drainage problem in the rear parking lot. Moved by Sharp, seconded by Sutcliff, that payment to A. Quincy Jones be approved in the amount of $4,560.59 for the Community Building and $2,420.40 for the Council Chambers Platform Revisions; but that payment of $2,953.42 on the City Hall b~ withheld. Carried unanimously. 5. COMMUNITY BUILDING LANDSCAPING Councilman Edgar asked about the possibility of proceeding with planting in four small areas around the Community Building and along the parb~ay on Centennial, prior to starting use of that building. Mr. Blankenship explained that planting around the building should not pose much of a problem~ but'the parkway might because of the necessity of extending irrigation lines. He agreed to look into the matter. 6. PROSPECT-IRVINE PARK Councilman Edgar asked whether legal agreements with the School District should be underway now as development of the Prospect- Irvine Park as a joint usage approaches. Mr. Blankenship stated that a general plan must be developed to find just what joint use there would be, and get the District to City Council Minutes 3/3/75 Page~ eight enter into agreements before any detailed plans are developed. The primary thought is to use part of the first phase project to do some lighting of athletic fields, which might be school fields and City lighting, and there might be other areas where there could be location of tennis courts. The proposal sent to the County was general and broad enough to include these things, but until a plan is drawnup and alternatives presented to the City Council, nothing is firm. He expected that only right- of-entry agreements for construction work or maintenance on the School District property would be necessary, not a full joint powers authority. Mr. Rourke agreed that joint powers agreements are not anticipated. 7. LEFT TURNS FROM PINEWOOD PLAZA, 17TH STREET In reply to Councilman Edgar's questions about placing signs prohibiting left turns onto 17th Street from the Pinewood Plaza shopping cen~er, Mr. Ledendecker, City Engineer, stated that the west driveway from the center onto 17th will permit left turns. "No left turn".signs at other entrances would have to be in the street area and would not last for more than a few days without some protection. 8. INTERVIEWS OF PLANNING COMMISSION CANDIDATES Councilman Edgar asked the City Clerk to schedule interviews of Planning Commission candidates on MOnday, March 10, starting an 4:00 p.m., at 20-minuteintervals. (This was later changed to Tuesday, March 11, at 4:30~) 9. HOUSING AND COMMUNITY DEVELOPMENT ACT Councilman Sharp stated that the Council was led to believe that there were no strings attached in the City applying for Housing and Community Development Act funds, and that if a program were submitted and approved for funding, the City would be obligated only to use the funds as stated in its application. Mr. Sharp said that since the City adopted its program and authorized sub- mission of the application at'the last Council meeting, he had heard and read things which left him with the impression that the County staff was Itaking the position that they would assume no control or intervention in the first year, but they might in the second year of the program. Mr. Sharp favored having the Council go on record with the County reminding them of the City's understanding that there would be no County controls, and express- ing concern about later information which indicates otherwise. Mayor Saltarelli stated he would be happy to write a letter to the County voicing these concerns. Councilman Sutcliff reported on a conference held in Irvine the day following the County meeting, during which the Housing and Community Developmen~ Act and other programs were discussed by panelists including Mr. Mitchell of the Redevelopment Agency in Los Angeles and Mr. Pollard, Assistant City Manager in Pasadena. It was asserted there that the first year of administering the Act would be by trial and error, with a lenient approach to "encourage" new city participation in the program. More rigid control was expected in the second and third years. Therefore the City should be sure that they have included no programs which can't be completed under the funds earmarked for each year. It was also anticipated that the County position would be stronger, with the Housing and Urban Development Department itself not being in control of the situation. The speakers saw these grants as a base for future block grants that cities may have to participate in to complete the programs started under this three-year grant, and caution was recommended in getting into these things bedause of the implications of what could happen after the three-year program. City Council Minutes 3/3/75 Page nine Mr. Fleagle felt this assessment was accurate, and explained that the programs the City submitted are independent from one year to the next. He commented that the representation made to the City Council was that the Council was the sole dis- cretionary agency in how the funds would be spent within the broad framework of the law. However, County testimony at the meeting the previous week indicated that that was "maybe true for the first year, but next year we will take a more agresslve role". He agreed that the Council should reaffirm the limitation of the agreement. 10. TIME CAPSULE COMMITTEE The Council agreed that Friday, April 25, 1975, was an appro- priate date for a "T.G.I.F" celebration~ the dedication of the Council Chambers and CommUnity Building and the setting of the time capsule were set for Saturday, April 26. It was the consensus of the CoUlncil that they would go along~with whatever the City..Clerk and the Well Wishers deemed appropriate for the festivities on that date. 11. PARKS AND RECREATION COMMISSIONER HONORED It was reported that Mary Hernandez, Member of the Parks and Recreation Commission, had been installed as President of the California Association of Parks and Recreation Commissioners and Board Members during a Conference of that Association in San Diego over the weekend. At that meeting, Councilman Edgar presented Mrs. Hernandez with a Proclamation of commendation from the City, and the City was also presented an award for energy conservation. 12. SENATE BILL 275 Mayor Saltarelli said he would send letters to appropriate legislators expressing "steadfast opposition" to S. B. 275 (Dills), a comprehensive labor relations measure which would grant public employees the right to ~strike and allow outside arbitrators to make decisions concerning wages and other ben- efits of public employees. 13. COUNCILMAN SHARP COMMENDED Mayor Saltarelli conunended James Sharp for the excellent job he did last year as Mayor pro tempore. 14. CROSSWALK, OXFORD AND ROANOKE Mayor Saltarelli requested investigation into the possibility of placing a crosswalk at Oxford and Roanoke. 15. MAGNOLIA PARK DEDICATION Mayor Saltarelli announced that dedication ceremonies for the Magnolia Park in the Peppertree subdivision had been postponed to Saturday, April 5, 1975. 16. FURNITURE FOR COUNCIL CHAMBERS CONFERENCE ROOM Council expressed a preference for inexpensive lounge-type furniture (sofas, tables, etc.) for the Conference Room at ~he rear of the Council Chambers, rather than a large conference table. This will also enable the City Clerk's office to con- tinue using the conference table which had been purchased ori- ginally for the Council Chambers. City Council Minutes 3/3/75 Page ten 17. JOINT MEETING, CITY COUNCIL AND PLANNING COMMISSION The City Council designated Monday, March 31, at 4:00 p.m., in the City Hall Conference Room, as the time and place for the joint meeting with the Planning Commission. XIII. I ADJOURNMENT There being no further business before the Council, it was moved by Sharp, seconded by Sutcliff, that the meeting be adjourned to the next regularly scheduled meeting of March 17, 1975. Carried unanimously. (9:10 p.m.)