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HomeMy WebLinkAboutCC MINUTES 1973 09 17 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL September 17, 1973 CALL TO ORDER Mayor Saltarelli called the meeting to order at 7:30 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Welsh III. INVOCATION Given by Mayor Saltarelli IV. ROLL CALL Present: Councilmen: Saltarelli, Langley, Welsh, Woodruff Absent: Councilmen: None Others Present: City Administrator Harry Gill Asst. City Admin. - Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe Secretary Jessica Carroll V. PUBLIC HEARINGS 1. AMENDMENT TO SECTION 4.11, ORDINANCE 157 (The Zoning Ordinance as Amended) An Amendment to add to Section 4.11, Ordinance 157, Permitted Uses in the Planned Industrial District: "Administrative, professional and support com- mercial facilities subject to a Use Permit. As a condition of the Use Permit, assurances of parking accommodations adequate for the proposed use shall be provided the Commission." Mr. Fleagle reported the Planning Commission held a public hearing on this proposed amendment on September 10, 1973, with no pertinent comments from the public being received· Mayor Saltarelli opened the public portion of the hearing at 7: 35 p.m. There being no comments or objections, upon motion by Woodruff, seconded by Langley, it was carr~e7 unanimoust~ that the public portion of the hearing be closed at 7:36 p~m. Moved by Woodward, seconded by Welsh, that the Cit7 Council uphold the findings of the Planning Commission as contained in Resolution No. 1363 and direct the City Attorney to prepare the implementing ordinance. Carried unanimously. VI. PUBLIC CONCERNS Mr. Paul Snow, 430 W. M~in~,Str~eet,, Tustin, presented a series of financial findings concerning the City of Tustin for the year 1972. City Council Minutes 9/17/73 Page 2 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES- September 5, 1973 meeting. 2. RATIFICATION OF DEMANDS in the amount of $97,250.44. Moved by Woodruff, seconded by Langley that all items on the Consent Calendar, including Minutes,~ as amended, be approvedl Carried unanimously. ~ VIII. ORDINANCES FOR ADOPTION NONE IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 598 AnOrdinance of the City of Tustin, California, REZONING PROPERTY ON APPLICATION ZC 73-5 OF WILLIAM SOMMERVILLE Rezoning property located on First Street easterly of Newport Avenue (Georgian Apart- ments) from R-4 to PD. M~ed~!i!by Woodruff, seconded by Langley, that Ordinance No. 598 be read by title. Carried unanimously. The secretary read Ordinance No. 598 by title. -- Mr. Fleagle informed Council this zone change ~ is for the purpose of conversion of apartments to condominiums,'with construction of added parking facilities and landscaping. A vacant lot is incorporated into zoning proposal, to be used for the specific purpose of parking. ~e~.~!~by Welsh, seconded by Langley that Ordinance No. 598 be introduced. Carried unanimously. X. RESOLUTIONS 1. RESOLUTION NO. 73-57 (Cont'd from 8/20 & 9/5/73) A Resolution of the City Council of the City of Tustin, California, APPOINTING MEMBERS OF THE DEVELOPMENT PREVIEW BOARD OF APPEALS AND DETER- MINING AND FIXING COMPENSATION THEREOF. Mo~d~by Welsh,~seconded by Langley, that ResolutiOn NO. 73-57 be read by title. Carried unanimously. The secretary read Resolution No. 73-57 by title.!' At the suggestion of'Mayor Saltarelli, Resolution~ No. 73-57 willbe considered later in the meet- ing, following an Executive Session. 2. RESOLUTION NO. 73-66 A Resolution of the City Council of the City of Tustin, California, AMENDING COUNCIL POLICY NO. 00-2 RELATIVE TO RETENTION OF TAPES. City Council Minutes 9/17/73 Page 3 Moved by Welsh, seconded by Langley, that Resolution No. 73-66 be read by title. Motion carried unanimously. The secretary read .Resolution No. 73-66 by title. Mayor Saltarelli pointed out the advisability of retaining the taped recordings of City Council and Planning Commission proceedings for a period of two years following any non-continued action on any matter included in the recording. Moved.~by Welsh, seconded by Langley that Resolution No. 73-66, amending Council Policy No. 00-2 relative to retention of tapes be adopted. Carried. Ayes: Saltarelli, Langley, Welsh, Woodruff. Noes: None. Absent: None. XI. OLD BUSINESS 1. ORANGE COUNTY HEALTH PLANNING COUNCIL - APPOINTMENT OF CITY REPRESENTATIVE (Cont'd. from 8/20 & 9/5/73) Since no applicants have responded, Mayor Saltarelli.suggested advertising to solicit responses for this' position. Movedr by Langley, seconded by Welsh, to continue thiS!appointmentLhn~i~ext~ C~uncil Meeting scheduled. ~or 10/l~3.~.--~.Carr~ed unanimously. 2. APPOINTMENT OF ALTERNATE - SANITATION DISTRICTS 1 & 7 (Cont'd from 9/5/73) Moved~ by Langley, seconded by Woodruff, that Councilman. Welsh be designated to serve as Alternate to the Mayor on the Boards of Directors of County Sanitation Districts 1 and 7. Carried unanimously. XII. NEW BUSINESS 1. ASSESSMENT DISTRICT NO. 2 - RIVERFORD ROAD FLOOD CONTROL ENTRANCE A Presentation of proposed assessment district boundary map was made to Council members re- presenting the desire of the residents to improve entrance to their particular tract. 2. RESOLUTION NO. 73-61 Resolution of the City Council ADOPTING A MAP SHOWING THE GENERAL NATURE, LOCATION AND EXTENT FOR THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVE- MENT WORK AND SHOWING THE BOUNDARIES OF THE DIS- TRICT TO BE ASSESSED FOR SAID IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 2, CITY OF TUSTIN, CALIFORNIA. Mo~ed~ by Welsh, seconded by Langley, that Resolution 73-61 be read by title. Carried unanimously. City Council Minutes 9/17/73 Page 4 The secret&ry" read Resolution No. 73-61 by title. Moved~ by Welsh, seconded by Langley, that Resolution No. 73-61'be passed and adopted. Carried.' Ayes: .Saltarelli, Langley, Welsh, Woodruff. Noes: None. Absent: None. 3. RESOLUTION NO. 73-62 Resolution ofthe City Council of the City of Tustin, California, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANT WORK IN ASSESSMENT DISTRICT NO. 2 IN THE CITY OF TUSTIN DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO BE ASSESSED TO PAY THE COST AND EXPENSE THEREOF AND PROVIDING FOR THE ISSUANCE OF BONDS. Moved~.' by Woodruff, seconded by Welsh, that Resolution No. 73-62 be read by title. Carried unanimously. The secretary read Resolution No. 73-62 by title. Mo~ed~by Woodr~ff, seconded by Welsh, that Resolution No. 73-62 be passed and adopted. Carried. Ayes: Saltarelli, Langley, Welsh, Woo'~f. Noes: NQne. Absent: None. 4.Presentation was m&de of "Report" consisting of the fol'~ow'ing: a. Plans and specifications. b. Assessment roll and diagram. c. Cost estimate. This is scheduled for a public hearing in November. It was noted by Council that an overwhelming majority of citizens voted in favor of this action. 5. RESOLUTION NO. 73-63 Resolution'of the City Council PASSING ON THE REPORT PRESENTED PURSUANT TO THE "MUNICIPAL IMPROVEMENT OF 1913", GIVING PRELIMINARY APPROVAL AND SETTING TIME AND PLACE FOR HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENT WORK IN ASSESSMENT DISTRICT NO. 2, CITY OF TUSTIN, CALIFORNIA. .~Q~I~byWelsh, seconded by Langley, that Resolution No. 73-63 be read by title. Motion carried unanimously. The seCretary read Resolution No. 73-63 by title. MO~d~ by'Langley, Seconded by Welsh, that Resolution No. 73-63 be passed and adopted. Carried. Ayes: Saltarelli, Langley, Welsh, Wood"~f. Noes: None. Absent: None City Council Minutes 9/17/73 Page 5 6. RESOLUTION NO. 73-64 Resolution of the City Council of the City of Tustin, Ca!ifornia,.CALLING FOR SEALED BIDS ON BONDS TO BE ISSUED TO REPRESENT UNPAID ASSESS- MENTS UPON LANDS IN ASSESSMENT DISTRICT NO.. 2, IN SAID CITY. Moved-. b~ Welsh, seconded by Langley, that Resolution No. 73-64-be read by title. Motion carried unanimously. The secretary read Resolution No. 73-64 by title. Moved~ by Welsh,' seconded by Langley, that Resolution No. 73-64 be passed and adopted. Carried. Ayes: Saltarelli, Langley, Welsh, Woodruff. Noes: , None~ Absent: None. 7. RESOLUTION NO. 73-65 Resolution of.the. City Council of the City of Tustin, California, DETERMINING PREVAILING WAGE SCALE, AND DIRECTING CITY CLERK TO CALL FOR BIDS. ASSESSMENT DISTRICT NO. 2 CITY OF TUSTIN, CALIFORNIA Move~i by Langley, seconded by Welsh, that Resolution No. 73-65 be read by title. Carried unanimous ly. The secretary read-Resolution No. 73-65 by title. Movec~ by Langley, seconded by Woodruff, that Resolution No. 73-65 be passed and adopted. Carried~ -Ayes: 'Saltarelli, Langley, Welsh, Woodruff .- Noes: None. Absent: None. XIII. - OTHER BUSINESS 1. CIVIC CENTER TELEPHONE SYSTEM Mr. Gill brought to the attention of the Council a summary of the telephone consultant's re- commendations and report. Councilman Welsh stated that since this is service which will serve over a long term period, there 'are some guestions to be clarified and fe~ ~dditional time is needed in which to study the report. Mr. Gill informed, the-Council that the telephone ~nt was present to-answer any guestions concerning the system. Mayor Saltarelli brought to the attention of the Council that TPT Communications stock has stopped trading until September 26. Until the questions which will be posed to them by the Utilities Exchange Commission have been clarified, he would be unwilling to act upon this matter, and queSt'ioned if Ithe ~el'ephone consultant could be present. at the next meeting, to which he re- ceived an affirmative reply. City Council Minutes 9/17/73 Page 6 By 0nanimous consent, ~aatter w~S continued to next meeting of the City Council on 10/1/73. 2. PROPOSED SIGN ORDINANCE Mayor~SaltarellisuggeSted a "Town Hall" type of meeting mi~ght be held prior to public hear- ing on the proposed sign ordinance. Councilman"Wels~ suggested that "Tustin Today" could beused'as~themedia for obtaining the opinion of the residents concerning their preferences on the sign issue. He stated the importance of something definite they can vote on an'd is in'favor of~ poll. Mayor SaltarelliE:br0ught forth the idea of the formation.of a~h0me'~o~niers' association and the consideration of their conclusions on the pro- posed Ordinance.'--!~ Councilman Welsh fe~!~both suggestions might ' be.inerderlbnt t~'~t;the citizens must have something'finite tO vote on. Mayor'Saltaretli noted that we have had no inpUt from other segments at this point and all segments should be involved. Councilman Langley=noted that a mailer "Opinion gathering"Was put out by the City of Costa Mesa and mailed to both businesses and residents.~ We'could form something similiar for mailout prior to holding a · 9wnl Hall. me.eting.~.~. Councilman~W6odruff'stated he is not in favor of any prop0s'al"which would delay or unduly prolong the conclusion of this ordinance and is not in favor of Town Hall meeting but does support a gathering poll. He further noted t~t polls are'alwayS' subject to misinter- pretation but would give Council some idea of public opinion. ' ~fter fnrther~discussion, Council directed staff to prepare a poll for evaluation at next meeting of the City Council. 'Mayor Saltarelli~stated that citizen evaluation might bedone on a Sampler basis of 2,000 - 3,000 inquiriesto which Councilman Langley suggested sending opinion poll to those citizens now receiving"Tustin Today". Councilman'Woodruff suggested mailout on City Bus be held in abeyance until after the firStof~t~e.'mOnth's~hat opinion poll could beincluded~in=the~same mailout with some type'of-retUrn'card'to be completed and returned~ 3. BRYAN AVENUE - STORM DRAIN Mr. Gill reported that this storm drain project ha~xC6mpletedand~recommendedthat the City Council accept the work and authorize payment of $1,570.14 to the contractor at this time. City Council Minutes 9/17/73 Page 7 Moved by Langley, seconded by Welsh that work on Bryan Avenue be~accepted and payment of $1,570.14'be made. Unanimously carried. 4. "B" STREET REALIGNMENT Moved by Langley, seconded by Welsh, that Plan "F", as outlined in City Engineer's report be approved. Motion ~arried. 5. CITIES' DISASTER PROGRAM By unanimous consent, Mayor Saltarelli appointed Mr~ Harry Gill as city Representative to the Orange County - Cities' Disaster Program. 6. CITY OF PETALUMA LETTER OF SEPTEMBER 14, 1973 - REQUEST FOR ASSISTANCE Continued to Council Meeting of 10/1/73 7. NOTICE OF PUBLIC HEARING - MAIN AND BRYAN Councilman Woodruff asked Mr. Fleagle the current status of this development. Mr. Fleagle replied that Planning Commission approval had been extended with conditions relating to land- scaping, materials,. master sign plan and hours of operation requiring Commission approval. A Use Permit has been approved and development is proceeding. However, inasmuch as these items werenot clarified specifically, a citizen has appealed; which appeal is scheduled for City Council hearing the"~f-irstMonday in October. 8. SUMMER BUS ROUTE Mayor Saltarelli publically commended Councilman Welsh for his work in instigating the extremely successfnl summer bus route and noted that City's total net expenditure was $815.10. It is his hope that this will be a continued program. 9. CITY BUS PROGRAM Mayor Saltarelli pointed out the high cost projections concerning this program and his desire that priorities be established regarding projects of this nature. While in favor of this program, other areas should be considered for the purpose of offsetting high costs involved. 10. LIBRARY Mayor Saltarelli expressed his concern that the Orange County Board of Supervisors be encouraged to proceed immediately with location and con- struction of a library site within the City. Since they have chosen not to use the proposed Civic Center library site, it was his suggestion that revised plans be drawn immediately for a City Council chamber and plans be drawn for a community center to incorporate a kitchen, card rooms, etc. The architect has stated this can be done if acted upon quickly. City Council Minutes 9/17/73 Page 8 Councilman Welsh agreed that this is direction that may be taken but fel~this to be a matter of commitment in the sense that the material sent to voters informed them that a County public library would be located on this site. Therefore, he felt Council should return with an alternate-proposal to the Orange County Board of Supervisors. Mayor Saltarelli pointed out that the library. would serve more County than City residents and recalled the bond used the word "proposed" and thereby did not commit City to locate library on Civic Center premises. He also noted there are three or four other sites in terms of selection and that the Orange County Board of Supervisors is primarily interested in a site which allows better visibility of the library. There has been discussion of locating library 0n Holt Avenue, First Street, or another location. Although Supervisor Clark was the only one interested in locating library on Civic Center site, Councilman Welsh felt some of the points listed' in their negative report ~e.re not in- surmountable; that they had acted according to County policy and were not talking about the City of TUstin per se. Councilman Langley stated that if we were going to proceedswith further negotiations for a County library, then we must abandon any other idea for this site. Mayor Saltarelli stated this matter would be discussed further in the Executive Session. ADJOURNMENT-- -- The mee~in'g Vas, upon motion by Saltarelli, seconded by Welsh, adjourned for the period of an Executive Session at 8:45 p.m. Unanimously carried. CALL TO ORDER Meeting of the City Council was reconvened at 10:30 p.m. RESOLUTIONS 1. RESOLUTION NO. 73-.57 (Continued from A Resolution of the City Council of the City of earlier in Tustin, California, APPOINTING MEMBERS OF THE the meeting) DEVELOPMENT PREVIEW-BOARD OF APPEALS AND DETER- MINING AND FIXING COMPENSATION THEREOF. Moved by Woodruff, seconded by Welsh, that Resolution No. 73-57 be read by title. Carried unanimously. The secretary read Resolution No. 73-57 by title. City Council Minutes 9~17/73 Page 9 Moved by Langley, seconded by Woodruff, that 'Resolution No. 73-57 be passed and adopted, to provide for appointment of the following to the Development Preview Board of Appeals, with all terms to expire on June 30, 1975: t) William Schultheis 2) Rex Rehnquist 3) Gene Uematsu 4) Ron Allen 5) Herbert Chubbuck Carried. Ayes: Saltarelli, Langley, Welsh, Woodruff. Noes: None. Absent: None. OTHER BUSINESS 10. LIBRARY (Continued) (Continued from Moved by Langley, seconded by Woodruff, that earlier in draft letter regarding County library as pre- the meeting sented by staff for Mayor's signature to Superviser Clark be approved. Carried. Ayes: Saltarelli, Langley, Woodruff. Noes: Welsh. Absent: None. 11. APPOINTMENT OF NEW MEMBER TO THE CITY COUNCIL Mayor Saltarelli announced the appointment of Mr. James B. Sharp as member of the City Council, to fill the unexpired term of Mr. Clifton Miller. 12. APPOINTMENT OF MEMBER TO THE PLANNING COMMISSION Mayor Saltarelli announced Mr. Richard Edgar to the appointment of Planning Commissioner, to fill the unexpired term of Mr. James B. Sharp. 13. APPOINTMENT OF MEMBER TO THE PARKS & RECREATION COMMITTEE The appointment of Mr. Thomas Tallman as member of the Parks & Recreation Commission, to fill the unexpired term of Mr. Richard Edgar was announced by Mayor Saltarelli. 14. POLICE EMPLOYEES' ASSOCIATION REQUESTS Moved by Woodruff, seconded by Welsh, that the requests of the Police Employees' Association be continued to 10/1/73. Carried unanimously. XIV. ADJOURNMENT Mgved by Langley, seconded by Woodruff, and un- animously carried, the meeting was adjourned at 10:40 p.m. to Monday, October 1, 1973, at 7:30 p.m. ! ~YOR