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HomeMy WebLinkAboutCC MINUTES 1973 10 01 MINUTES OF A REGULAR MEETING TUSTINCITY COUNCIL October 1, 1973 CALL TO ORDER Mayor Saltarelli called the meeting to order at 7:33 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Sharp. III. INVOCATION Given by Councilman Woodruff. IV. ROLL CALL Present: Councilmen: Saltarelti, Sharp, Welsh, Woodruff. Absent: Councilmen: Langley. Others present: City Administrator Harry Gill Asst. City Admin.-Community Development Ken Fleagte City Attorney James Rourke Secretary Jessica Carroll PUBLIC HEARINGS 1. APPEAL OF USE PERMIT 73-16 An appeal of John H. and Jeanne P. Siegel to the Planning Commission approval of Use Permit 73-16 by Resolution No. 1364, granted to Estate Builders International, authorizing the con- struction of an office and commercial complex in the Planned Community (Commercial) District. Site is located on the property bounded by Newport Avenue, Main Street, and Bryan Avenue. Mr. Fleagle stated he had been in telephone communi- cation with both Appellant and Applicant, and feels that problems can be resolved. Both parties request this matter be continued to the next regular meeting of the City Council. Moved by Woodruff, seconded by Sharp that Appeal of Use Permit 73-16 be continued to the next Council meeting scheduled 10/15/73. Carried unanimously. ADJOURNMENT Moved by Sharp, seconded by Woodruff that the meeting be adjourned for the period of an Executive Session at 7:37 p.m. Carried unanimously. CALL TO ORDER Meeting reconvened at 8:10 p.m. VI. PUBLIC CONCERNS 1. LIBRARY Mayor Saltarelli stated that communications with the Orange County Board of Supervisors indicate their willingness to agree, substantially, with the City of Tustin to provide a library at the new Civic Center site. The City Administrator and the City Attorney were directed to negotiate agreement for City Council approval. Site will incorporate County library, Council Chambers, and Community Building. City Council Minutes 10/1/73 Page 2 2. COMPENSATION--CITY ADMINISTRATOR Council unanimously agreed to increase the annual salary of the City Administrator from $30,000 to $32,000, effective immediately. 3. POLICE EMPLOYEES' ASSOCIATION REQUESTS Mr. Rodolfo MOntejano, 1212 North BrOadway, Suite 212, Santa Ana, Attorney for the Tustin Police Employees' Association, requested to know if this was an agendized item. Mr. Gill stated that Police Employees' Association, through their Attorney, had not agreed to'the con- tent of his proposed memo of agreement. The City Attorney has put forth a memo agreement incorporating those items mutually agreed upon, as well as other matters subject to further discussion. Mr. Gill recommended that City Council execute agreement and schedule further discussion of pending items, explaining that this was not put forth on the agenda because of his absence the past week. Mr. Rourke recommended that City Administrator pre- pare a report to Council regarding situation and items contained in memo. Mr. Montejano requested a copy of staff recommenda- tions far enough in advance of next Council meeting to give him an opportunity to review said recommenda- tions. Resolution relative to Mr. Gill's recommendations to be agendized item at next Council meeting. Moved by Woodruff, seconded by Welsh, that Memo of Agreement between City of Tustin and Tust'~Police Employees' Association be executed by ~ity~-Adm~nistrator in~or~approve~b~etbe~i~V~ttorney~eaE~ied~Ayes: Saltarelli, Sharp, Welsh, Woodruff. Noes: none. Absent: Langley. 4. SIGN ORDINANCE (CODE) Mr. Dominic Correa, 611 E1 Camino Real, Tustin, presented a list of business to the City Council who, he stated, would be unfavorably affected under the proposed new Sign Ordinance of the City of Tustin. Mayor Saltarelli pointed out that there isno such ordinance before the City Council at this time, but that all items will be taken into consideration. Mr. Stephen L. Schuster, President, Tustin Chamber of Commerce, 2~5 East First Street, Tustin, stated his requests relative to the Sign Ordinance meeting held Thursday, September 27, 1973. Due to the out- come, Mr. Schuster requested of Councilmen Langley and Woodruff if they would direct staff to work with community; specifically, Mr. Fleagle, in order to come up with a good, reasonable Sign Ordinance for the City of Tustin. MayorSaltarelii stated he was favorable to con- sidering the ideas of residents and business com- munity, and directed Mr. Fleagle to wor~ with the community. City Council Minutes 10/1/73 Page 3 Moved by Woodruff, seconded by Saltarelli, that Plan- nin~ Commission be directed to hold first public' hearing of the Sign Ordinance on Monday, October 29. It was noted that staff has proposal, and plans to meet with Sign Committee on Wednesday, October 3. There is no assurance that proposed Ordinance can get in and out of Planning Commission in one night. However, if it is not concluded, it can be continued until it reaches City Council. Motion that Planning Commission hold first public hearing of the Sign Ordinance on Monday, October 29, 1973, carried unanimously. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - September 17, 1973 meeting. 2. RATIFICATION OF DEMANDS in amount of $153,550.35. 3. EXECUTION OF QUITCLAIM DEED Authorization for execution of Quitclaim Deed for 3' of a 10' sewer easement on Tract No. 7924, as recommended by the Engineering Depart- ment. Tract is located north of 17th Street between Prospect and Malena. 4. FIRE TRUCK LEASE Approval of acceptance of lease through Bank of America as per their proposal, and execution by the Mayor!and City Clerk of necessary documents. Moved by Saltarelli, seconded by Sharp that all items on the Consent Calendar, including Item 3, with con- currence of City Attorney prior to execution, be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 598 An Ordinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION ZC 73-5 OF WILLIAM SOMMERVILLE. Rezoning property located on First Street east- erly of Newport Avenue (Georgian Apartments) from R-4 to PD. Mr. Fleagle stated ZC 73-5 has been approved by City Council asrecommended by staff, and Ordinance No. 598 is now ready for second reading. MoVed by Woodruff, seconded by Welsh, that Ordinance No. 598 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 598 by title. Moved by Welsh, seconded by Sharp, that Ordinance No. 598, Rezoning Property on Application No. ZC 73-5 of William Sommerville, be passed and adopt'ed. Carried. Ayes: Saltarelli, Sharp, Welsh, Woodruff. Noes: none. Absent: Langley. City Council Minutes 10/1/73 Page 4 ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 599 An Ordinance of the City of Tustin, California, AMENDING THE ZONING ORDINANCE OF THE CITY OF TUSTIN, ORDINANCE NO. 157, AS AMENDED, RELATIVE TO PERMITTED USES IN PLANNED INDUSTRIAL DIS- TRICTS. An Amendment to add to Section 4.11, Ordinance 157, Permitted Uses in the Planned Industrial District: "Administrative, professional and support commercial facilities subject to a Use Permit. As a condition of the Use Permit, assurances of parking accommodations ade- quate for the proposed ~se shall be pro- vided th~ Commission." Moved by Woodruff, seconded by Welsh that Ordinance No. 599 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 599 by title. Moved by Welsh, seconded by Woodruff that Ordinance No. 599 be introduced. Carried. Ayes: Saltarelli, Sharp, Welsh, Woodruff. Noes: none· Absent: Langley. X. RESOLUTIONS 1. RESOLUTION NO. 73-67 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SIDE- WALK AND CURB REPAIR AT MISCELLANEOUS LOCATIONS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. It was noted by Mr. Gill that $12,500 has been budgeted for this work and that a private contractor will have to be employed to complete the work. Moved by Saltarelli, seconded by Woodruff, that Resolution No. 73-67 be read by title. Carried unanimously. The secretary read Resolution No. 73-67 by title. Moved by Woodruff, seconded by Welsh that Resolution No. 73-67, Approvlng Plans and Specifications for the Construction of Sidewalk and Curb Repair at Miscellaneous LocatiOns and Directing the City Clerk to Advertise for Bids, be passed and adopted. Carried. Ayes: Saltarelli, Sharp, Welsh, Woodruff. Noes: none. Absent: Langley. XI. OLD BUSINESS 1. ORANGE COUNTY HEALTH PLANNING COUNCIL APPOINTMENT OF CITY REPRESENTATIVE. (Continued from 8/20, 9/5, and 9/17/73.) Two applicants, Mr. Milton Curtis and Mrs. Virginia Osborne, have placed their names for consideration by City Council Minutes 10/1/73 Page 5 Council as Tustin's representative for the Orange County Health Planning Council. Councilman Woodruff suggested that, since there are two applicants, a resum~ should be submitted by Mrs. Osborne prior to Council determination. Mr~ Gill suggested that if CoUncildefers appointment, a Councilman might attend the next meeting of the Orange County Health Planning Council, if it is held prior to next Council meeting on October 15, 1973. Councilman Welsh agreed to attend meeting, if it is held prior to October 15, 1973. Moved by Sharp, seconded by Woodruff, to continue appointment of City Representative to the Orange COuntY Health Planning Counciluntil next Council meeting scheduled for 10/15/73. Carried unanimously. 2. CIVIC CENTER TELEPHONE SYSTEM (Continued from 9/17/73.) Mr. Gill explained the proposed telephone system, developed under contract with Burton/Southwestern, provides a system he feels would be more compatible with regard to service and cost. However, one recom- mended company is in financial difficulty. Movedby Welsh, seconded by Sharp that Civic Center TelephOne System be continued to 10/15/73. Mayor S~tarelli informed Council he believes TPT, the recommended company, are planning to announce their statement to the business community at large next week, which would give Council members a final report. Motion to continue decision of Civic Center Telephone System until next Council meeting on 10/15/73,carried unanimously. 3. CITY OF PETALUMA REQUEST (Continued from 9/17/73~) It was noted by Mr. Gill that an orderly and non- chaotic growth plan had been adopted by the City of Petaluma and they are requesting assistance in the amount of $250 from the various cities, counties and public agencies to help defray the cost of law- suits which have been brought against their city. Mr. Rourke felt that the ordinance Petaluma adopted is not the strongest and would be difficult to defend. However, having been adopted and under attack, it would do well to get a court determination and it would be worthwhile to give our assistance to them. Mr. Woodruff stated that although this ordinance may not be the best approach, one ofthe more cogent reasons to lend assistance is that cities have to uphold each Other and there m~y~be instances when wewill want assistance, for nol city alone, with the possible exception of Los Angeles, can afford this type of challenge. Mayor Saltarelli did"not feel citizens of Tustin should defend lawsuits in another city. He felt we would be taking a position of advocacy. City Council Minutes 10/1/73 Page 6 Councilman Welsh felt this to be a weak case and there may be a stronger one at some future date which we can assist in. Councilman 'Sharp questioned if we 'have any idea of the deciSion of other cities asked for assistance. Mr. Rourke replied he has no idea of who will be participating. However, he feltit is an issue to all cities and people involved in building and zoning and in theinterest of all cities to have a good decision reached, with each side fully and properly represented, without stating that we have a particular viewpoint. Mr. Rourke felt deci- sions generally would have an impact beyond this one particular ordinance. Councilman Woodruff did not feel we should help defend this ordinance, stating that the days of rigidly designed planning ordinances 'are over. Mr. William Moses, Tustin News, asked the amount of annual dues to the League of California Cities, and if they could be importuned to contribute. Mr. Rourke stated their annual dues are $1,000, but that this was not one of their activities. Mr. Gill concurred with the City Attorney that cities need all the help they can obtain in determining city legalities. However, if all cities contribute, the amount would exceed $100,000, and that each city should stand on its own. Mr. Gill suggested this be a topic to bring before the League of Cities next month, but did not feel we should endorse it. MOved bySaltarelli, seconded by Welsh that request for the City of Tustin to assisttheCit~ of Peta- luma be denied. Carried. Ayes: Saltarelli, Sharp, Welsh, Woodruff. Noes: none. Absent: Langley. XII. NEW BUSINESS 1. ABANDONED VEHICLE ABATEMENT PROGRAM a) ORDINANCE NO. 600 An Ordinance of the City Of Tustin AMENDING CHAPTER 5 OF THE TUSTIN CITY CODE RELATING TO REMOVAL OF ABANDONED, WRECKED, DISMANTLED ORINOPERATIVE VEHICLE OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC PROPERTY, NOT INCLUDING HIGHWAYS AND RECOVERY OF COSTS OF ADMINISTRATION THEREOFAS AUTHORIZED BY SECTION 22660 OF THE CALIFORNIA VEHICLE CODE. Mr. Gillstated this Ordinance would.provide a uni- form method ofhandling this problem, when the owner does not do so. MoWed by Welsh, Seconded b~Sharp, tha~Ordinance No.'600 be read bytitle. Carried unanimously. The secretary read Ordinance No. 600 by title. Moved~by Welsh, seconded by Saltarelli that Ordinance No. 600 be introduced. Carried unanimously. City Council Minutes 10/1/73 Page 7 b) RESOLUTION NO. 73-68 A Resolution of the City Council of the City of Tustin, AUTHORIZING THE CITY TO EXECUTE A CONTRACT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR PARTICIPATION IN THE ABANDONED VEHICLE ABATEMENT PROGRAM. Moved by Welsh, seconded by Woodruff that Resolution No. 73-68 be read by title. Carried unanimously. The secretary read Resolution No. 73-68 by title. Moved by Woodruff, seconded by Welsh that Resolution No. 73-68 be passed and adopted. Carried. Ayes: Saltarelli, Sharp, Welsh, Woodruff. Noes: none. Absent: Langley. 2. CHARTER AGREEMENT FOR BUS SERVICES - CITY OF TUSTIN "NICKEL BUS" Mayor Saltarelli stated that the City of Tustin "N~ckel Bus" would be in operation October 15, 1973, on a three-month trial basis with a six day per week, nine hour per day schedule. He and other members of Council have inspected the vehicle and find it an attractive one which should serve the City well. If agreement is approved to be executed, mailers and other publicity will be sent outl If approved, Mayor Saltarelli recommends the Chamber of Commerce study the route and work with City staff to determine where heaviest traffic and ampact in the town is located and how beneficial this service is to the community. Maps will be distributed outlining the route and Mayor Saltarelli expressed his hope that the Tustin News and Chamber of Commerce will assist in a publicity program. Staff has been directed to keep records on uses of the bus, and if necessary, changes are to be made on the-routes so that the bus will be most effective. CounCilman Welsh suggested an earlier starting schedule in order'to assist students going to school. The Chamber of Commerce stated that they would be happy to help with publicity. Mayor Saltarelli suggested those riding the bus be given a stub which could be exchanged for a wooden nickelatany participating Store when a purchase is made. Moved by Welsh, seconded by W0odruff that agreement with Community Enterprises, Inc., be approved and the Mayor and City Clerk be authorized to execute said agreement. Councilman Woodruff suggested that 3 x 5 cards be placed in the bus to be filled out by passengers and turned in to the merchahts. This would provide information and ideas from those using the bus. Mayor Saltarelli suggested that merchants purchase wooden nickels from the City to be given out to their customers making a purchase. ME. Gill stated that cards would be placed in the bus, shopping centers and Chamber of Commerce, to solicit comments on service and problems. City Council Meetings 10/1/73 Page 8 Motion that Agreement with Community Enterprises, Inc., be executed carried unanimously. Ayes: Saltarelli, Sharp, Welsh, Woodruff. NOes: none. Absent: Langley. XIII. OTHER BUSINESS 1. CROSSSING GUARD--WILLIAMS-STREET AT ALLIANCE AVENUE Mr. Gill stated that, at the present time, he did not feel a guard should be placed at this location. Councilman Welsh recommended that staff suggestions be implemented, noting that the children involved are very young (kindergarten through 3d grade), and that this school is also a bus terminal for buses transporting students to other districts. It was generally agreed that staff recommendations would be implemented. 2. USE PERMIT 73-17 BROWNING & NISSON Mayor Sa~ltarelli stated that the Planning Commission had approved-aUse Permit with specific plans for develepment of a 47-unit apartment-complex on Brown- ing Avenue, south of Nissen Road, which he wanted to bring before City Council for review. While stating the plan is good, the design of this proposed com- plex -may_ adversely affect~ Browning Avenue without incorporation with the adjoining vacant lot. Mr. Fleagle stated that applicant expected an answer on Wednesday, October 3, as to whether-his offer to acquire adjoining property is aceepted. Councilman Welsh noted that without the appropriation of the vacant-lot, people would be forced to park on the street and that location of trash facilities would necessitate an extended walk for residents. Motion by Welsh, seconded by Woodruff that City Council file an appeal of the determination of the Planning Commission Mr. William Moses, The Tustin News, stated he would be willing to accept the requi~ed legal notice on October 2, 1973, so that public hearing may be held at next Council meeting on October 15, 1973. Motion of Appeal by Council and Public Hearing 'scheduled for October 15, 1973, carried unanimously. Ayes: . Saltarelli, Sharp~ WelSh~ W0odruff. Noes: none. Absent: Langley. 3. HELICOPTER LANDING, TUSTIN HIGH SCHOOL STADIUM Mr. ~Walt Barringer, 47771 Campus Drive, Irvine, requested Council approval to land a helicopter at the Tustin High School Stadium on October 19 to bring in the queen. He stated they have checked with the F.A.A. and no flight plan is required; the only rule being that someone be present to direct the helicopter down. Additionally, they have acquired insurance in the amount of one million dollars. City Council Minutes 10/1/73 Page 9 Moved by Welsh, seconded by Woodruff that landing of helicopter be approved, subjectto staff approval that appropriate precautions are taken. Carried unanimously. 4. LEAGUE OF CITIES CONFERENCE Mayor Saltarelli stated there are many matters dis- cussed which would be beneficial and would like as many department heads as possible to attend, as well as City Council members, Planning Commission members and Parks and Recreation Commission members. It was determined there would be eight to ten City attendees at this Conference. 5. SIGN ORDINANCE QUESTIONNAIRE Mayor Saltarelli stated that Commissioner McHarris has submitted an excellent Sign Ordinance question- naire. Council was requested to confer with Mr. Gill for early completion of questionnaire. 6. ACQUISITION OF RIGHT-OF-WAY Mr. Rourke stated that staff has reached an agree- ment with Jerome C. Kidd and Mr. Van Hove, regarding property occupied by Van Hove Garage, and recommends that the Council authorize Mayor and City Clerk to execute agreement. Moved by Woodruff, seconded by Sharp, that Mayor and Cit~ Clerk be authorized to execute said agree- ment. Carried. Ayes: Saltarelli, Sharp, Welsh, Woodruff. Noes: none. Absent: Langley. 7. ENDORSEMENT OF EARL ROWENHORST AS DIRECTOR OF EAST ORANGE COUNTY WATER DISTRICT. Mayor Saltarelli stated that Council had received a letter from the Tustin Water Works requesting that the City Council endorse the seating of Earl Rowenhorst as Director of the East Orange County Water District. Moved by Saltarelli, seconded by Welsh, that City Council give its support to Mr. Earl Rowenhorst as Director of the East Orange County Water District. Carried unanimously. 8. LETTER OF APPRECIATION--MANN DEVELOPMENT COMPANY Mayor Saltarelli read a letter received from Mr. Mann of the Mann Development Company, expressing his appreciation for the cooperation he received from staff. 9. JOINT CITIES LIAISON COMMITTEE BREAKFAST Mayor Saltarelli stated there will be a breakfast meeting of the Joint Cities Liaison Committee on October 12, 1973, at 7:30 p.m., at the Coffee Shop of the Airporter Inn, with Costa Mesa as host city. Councilman Sharp may be able to attend. If not, Mayor Saltarelli will endeavor to be present. 10. WORKSHOP MEETING--PLANNING COMMISSION AND P~RKS AND~ECRE~TION COMMISSION. (See next page) City Council Minutes 10/1/73 Page 10 10. WORKSHOP MEETING--PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION Mayor Saltarelli stated that a workshop meeting should be scheduled between the Planning Commission and Parks and Recreation Commission in order to establish long-range goals. The Planning Commission and Parks and Recreation Commission members were directed to schedule a meeting on Tuesday, October 16, 1973, to be held in the Council Chambers at 7:30 p.m. XIV. ADJOURNMENT Moved by Welsh, seconded by Sharp, and unanimously carried, the meetin9 was adjourned at 9:30 p.m. to Monday, October 15, 1973, at 7:30 p.m. kC~CLERK