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HomeMy WebLinkAboutMINUTES 04-06-81MINUTES OF A REGULAR~I'ING OF T~E TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way April 6, 1981 TO ORDER The meeting was called to order by Mayor Saltarelli at 7:31 p.m. II. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp None Thomas L. Woodruff, Ass't City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk Bob Ledendecker, City Engineer Mary Ann Chamberlain, Associate Planner · Ed Knight, Associate Planner George Reid, Building Official Alan Warren, Senior Planner Ken Fleagle, Comm. Development Consultant Roy Gonzales, Personnel Director Royleen White, Community Services Director Ronald Nault, Finance Director Captain Williams, Police Department Approximately 50 in the audience III. REORGA- NIZATION $~T-F~2~ION OF MAYOR AND MAYOR PRO ~EMPORE Nominations were opened for Mayor for a one year term. Councilman Sharp was nominated for Mayor by Councilman Edgar. Nominations were closed and Councilman Sharp was unanimously elected Mayor. Nominations were opened for Mayor Pro Tempore for a one year term. Councilman Hoesterey was nominated by Councilwoman Kennedy. Nomina- tions were closed and Councilman Hoesterey was unanimously elected Mayor Pro Tempore. The City Clerk administered the Oath of Office to Mayor Sharp and Mayor Pro Tempore Hoesterey. 38 PROC- I~%MATIONS Mayor Sharp read and presented Proclamations for "California Women in Chamber of CoMmerce" and "Salute to Youth in Volunteer Services" to Margarete Thompson. 84 It was moved by Kennedy, seconded by Edgar, to recess to the Plan- ning Agency meeting at 7:45 P.M. Carried 5-0. MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 9:15 P.M. April 6, 1981 VI. NEW B~SINES$ 14. RESOLUTION NO. 81-39 A Resolution of the City Council of the City of Tustin, CERTIFY- ING DRAFT FOCUSED EIR 81-1 PLUS AMENDS~NTS FOR USE PERMIT 80-25 (SILICON SYSTEMS INC.) AS FINAL FOCUSED EIR 81-1 It was moved by Edgar, seconded by Kennedy, to accept the Plan- ning Agency's recommendation and certify EIR 81-1 by adoption of Resolution No. 81-40. Councilwoman Kennedy verified that all measures of concern are going to be made a part of the final EIR. Motion carried 5-0. 81 City Council Minutes Page 2, 4-6-81 VII. RECESS It was moved by Edgar, seconded by Hoesterey, to recess to the Planning Agency at 9:17 P.M. C~rried 5-0. M~NUTE$ OF TOSTIN CITY COUNCIL RECONVENED AT 9:52 P.M. April 6, 1981 VIII. PRE- SENTATION Mayor Sharp presented a plaque to Councilman Saltarelli for his service as Mayor for the past year. 38 IX. RECESS It was moved by Kennedy, seconded by Edgar, to recess to the Redevelopment Agency at 10:00 P.M. Carried 5-0. MINUTES OF A REGULAR MEETING REDE~KLOPMENT AGENCY April 6, 1981 1. The meeting was called to order by Chairman Sharp at 10:00 P.M. 2. Members Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Members Absent: None 3. APPROVAL OF MINUTES - March 16, 1981. It was moved by Edgar, seconded by Hoesterey, to approve the minutes of the March 16, 1981 meeting. Carried 5-0. 4. It was moved by Hoesterey, seconded by Edgar, to adjourn at 10:01 P.M. to the City Council meeting. Carried 5-0. F~[NUTES OF ~STIN CITY COUNCIL RECONVENED AT 10:01 P.M. April 6, 1981 X. PUBLIC CONCERNS XI. CONSENT CAL~%]DAR None APPROVAL OF M~NUTES - March 16, 1981. APPROVAL OF DEMANDS in the amount of $517,456.49. RATIFICATION OF PAYROLL in the amount of $184,443.90. DENIAL OF CLAIM OF OF LOSS: 11-23-80 Denial of Claim City Attorney. LESTER ~ORTON, CLAIM NO. 81-4, DATE of Lester Norton as recommended by the 4O DENIAL OFCLAIM OF HARR~M. STOCKW~m.L, JR., CLAIM NO. 81-1, DATE OFLOSS: 11-16-80 Denial of Claim of Harry M. Stockwell, Jr. as recommended by the City Attorney. 40 City Council Minutes Page 3, 4-6-81 XI I. OLD BUSINESS 5. RESOLUTION NO. 81-20 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT NO. 11389 (14742 Plaza Drive) Adoption of Resolution NO. 81-20 as recommended by the Community Development Department. 99 6. RESOLUTION NO. 81-34 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT 11477 (E side of Holt Ave., 944' N of Irvine Blvd.) Adoption of Resolution No. 81-34 as recommended by the Community Development Department. 99 7. RESOLUTION NO. 8~--35 A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE TRACT 11291 (N side of Warner Ave., 387' W of Red Hill Ave) Adoption of Resolution No. 81-35 as recommended by the Community Development Department. 99 8. RESOLUTION NO. 81-36 A Resolution of the City Council of the City of Tustin AUTHORIZING CITY SUPPORT OF SENATE BILL 65 WHICH WOULD EXEMPT EMERGENCY VEHICLES FROM CURRENT STATE EMISSION STAN- DARDS Adoption of Resolution No. 81-36 as recommended by the Administration Department. 61 9. RESOLUTION NO. 81--38 A Resolution of the City Council of the City of Tustin, RECOMMENDING APPROVAL OF TRACT NO. 10707 (S side of Bell Ave., 770' W of Red Hill Avenue) Adoption of Resolution No. 81-38 as recommended by the Community Development Department. 99 10. RESOLUTION NO. 81--41 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR ELECTRIC AND TELEPHONE UTILITY SERVICE CONVERSIONS WITHIN THE EL CAMINO REAL UNDERGROUND UTILITY DISTRICT NO. 5 AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adoption of Resolution No. 81-41 as recommended by the City Engineer. 107 Item 6 was remoyed from the Consent Calendar by Councilman Saltarelli and no further action was taken on it this date. It was moved by Saltarelli, seconded by Kennedy, to approve the Consent Calendar with the exception of Item 6. Carried 5-0. 1. RESOLUTION NO. 81--26 A Resolution of the City Council of the City of Tustin, SUPPORTING AB-591, ADOPTION BY THE STATE OF CALIFORNIA OF THE ICBO PLUMBING CODE City Council Minutes Page 4, 4-6-81 XlII. NEW BUSINESS 1. John F. McKenna, Jr., a representative of International Asso- ciation of Plumbing and Mechanical Officials (IAPMO), asked the Council to refrain from passing this resolution. He said that IAPM0 publishes the Uniform Plumbing Code and in the past has worked in harmony with the International Conference of Building Officials (ICBO). ICBO is trying to have IAPMO eliminated. Contractors are familiar with this code which is published by IAPM0. He said there were things in this resolution that were not true and he asked that the Council at least table it until IAPMO could submit more adhesive material. Councilman Saltarelli was of the same opinion and said that all the people that he talked to advised supporting IAPM0~ It was moved by Kennedy, seconded by Edgar, that no action be taken on this matter. Carried 5-0. 30 VOTING MEMBERSHIP ON ORANGE COUNTY SENIOR CITIzENS ADVISORY COUNCIL It was moved by Saltarelli, seconded by Edgar, to direct staff to prepare a letter to the Orange County Division, League of Cities, recommending Ruby May as a voting member to the Orange County Senior Citizens Aduisory Council and to authorize the Mayor to sign the letter. Carried 5-0. 28 2. RECREATION FEES It was moved by Saltarelli, seconded by Edgar, to adopt Coun- cil Policy No. 4-05 entitled "Recreation Fees." Carried 5-0. 41 3. WATER FRANCHISE FEES Because he wanted more time to research this matter, it was moved by Saltarelli, seconded by Edgar, to continue this to the April 20, 1981 meeting. Carried 5-0. REVIEW OF NOISE ORDINANCE MODIFICATIONS Alan Warren, Senior Planner, reported that the Orange County Public Health Department had recommended the modifications to our Noise Ordinance. This ordinance was agendized for Coun- cil review and will be on the agenda for April 20, 1981 for introduction. 5. CALIFORNIA PA/{KLANDS ACT OF 1980 (PROPOSITION It was moved by Saltarelli, seconded by Kennedy, to apply for California Parklands Act of 1980 funding in September of this year with the intention of receiving the funds in the 1982/83 budget. Carried 5-0. 41 6. RESOLUTION NO. 81-33 A Resolution Of the City Council of the City of Tustin, AMENDING THE HANDBOOK OF GUIDELINES FOR PLANNING, ZONING AND DEVELOPMENT FOR HISTORIC SITES AND BUILDINGS It was moved by Saltarelli, seconded by Kennedy, to adopt Resolution No. 81-33. Carried 5-0. 81 7. SIGN CODE EXCEPTION (1412 Nisson Road) Alan Warren, Senior Planner, reported that the sign at sub- ject location was installed previous to applying for a Sign Permit. In reviewing this, staff felt it could fall within City Council Minutes Page 5, 4-6-81 sign code exceptions. The owners have requested that the monument sign and the wall sign be allowed. It was moved by Kennedy, seconded by Edgar, to approve the monument sign but the wall sign is to be removed. A substitute motion was made by Saltarelli, seconded by Hoesterey, to grant the applicant's request for the monument sign and the wall sign. Carried 4-1, Kennedy opposed. 93 8. RESOLUTION NO. 81--37 A Resolution of the City Council of the City of Tustin, California, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM It was moved by Edgar, seconded by Hoesterey, to adopt Reso- lution No. 81-37 and authorize staff to designate Peppertree Park Improvements as the project. Carried 5-0. 44 9. REQUESTS TO FTTW. PERSONNEL VACANCIES OF RECREATION COORDINA- TOR, RECORDS CLRRKAND EQUIPMENT MECHANIC It was moved by Saltarelli, seconded by Kennedy, to authorize filling the vacant positions of Recreation Coordinator, Records Clerk and Equipment Mechanic. Carried 5-0. 79 POSITION VACANCY -- ADMINISTRATIVE ASSISTANT It was moved by Hoesterey, seconded by Edgar, to authorize the coo'rdination of the recruitment for an Administrative Assistant to parallel the selection process of a new City Manager/Administrator with the certification of an eligibil- ity list after arrival of the new Manager. J Councilwoman Kennedy was in favor of postponing recruitment until the new City Manager starts his position. Motion carried 4-1, Kennedy opposed. REQUEST FOR TREE REMOVAL AT OXFORD AVENUE AND WALNUT AVENUE 79 12. It was moved by Saltarelli, seconded by Hoesterey, to grant Mr. Moroney's request to remove the trees at the City's ex- pense and that the trees be replaced by two City approved trees that are more suited to this location. Carried 5-0.. 86 PETITION TO RELOCATE SIDEWALK ON GREEN V~FJ.~Y DRIVE It was moved by Saltarelli, seconded by Kennedy, to deny the request for s~dewalk relocation on Green Valley Drive and direct staff to poll each property owner by letter as to whether they would be desirous of a 1911 Assessment District proceeding to accomplish said sidewalk relocation. Carried 5-0. 92 13. SUBDIVISION MAP ORDINANCE This item was agendized for Council review and will be agen- dized for introduction at the May 4, 1981 meeting. RESOLUTION NO. 81-39 (Action recorded on Page 1 of these Minutes) City Council Minutes Page 6, 4-6-81 XIV. (MI~{ER BUSINESS 15. RESOLUTION NO. 81-40 A Resolution of the City Council of the City of Tustin AUTHO- RIZING PUBLICATION OF NOTICES FOR PUBLIC HEARINGS ON PROPOSED COOPERATION AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE ORA~NGE COUNTY HOUSING AUTHORITY It was moved by Kennedy, seconded by Edgar, to adopt Resolu- tion No. 81-40. Carried 5-0. 45 67 PROPOSED HOME VIDEO STORE - MR. AND MRS. LARRY PETERSEN Larry L. Petersen, 1101 Hyde Park Dr., Santa Ana, CA, appli- cant, reported that there are over 25 Home Video Stores in Los Angeles and Orange County and that successful owners handle adult material in a very refined manner. In order to compete, he plans to have a large store to accommodate the whole family and to insure a nuisance is not created by seeing that adult movies will not be displayed or advertised, not accessible except to employees and only purchased by persons 21 years or older. Councilwoman Kennedy asked if this was considered legally different from the sale of magazines that are considered sexually explicit. Tom Woodruff, Ass't Attorney, explained that Playboy and other magazines that are sold on newstands in the City had been ruled to not be obscene. It was moved by Hoesterey, seconded by Edgar, to deny the request to amend our ordinance to allow a Home Video Store. Attorney Woodruff explained that the sale of lewd or obscene films is prohibited by State law and by our ordinance. Frederick H. Franz, Attorney for Mr. Petersen, said that he had done porno prosecutions in Los Angeles and these films are not lewd or obscene. He said that if a Court has held they are obscene you can not show them. A substitute motion was made by Kennedy, seconded by Saftarelli, to continue this to the next meeting in order to investigate the Irvine store. Substitue motion failed 2-3, Hoesterey, Sharp, and Edgar opposed. Attorney Woodruff said that Attorney Franz indicates no one has ruled these are lewd films but Mr. Petersen in his request for a license said they are lewd films. The original motion to deny this carried 4-1, Kennedy opposed. L~i-rER OF COMMENDATION TO T~[~ CITY OF BREA It was moved by Edgar, seconded by Saltarelli, to send a letter of commendation to the City of Brea upon the comple- tion of their new Council Chambers. Carried 5-0. 38 PROPOSED DOME HOUSE ON SECOND STREET Councilwoman Kennedy said that she was still getting com- plaints about the proposed Dome house to be constructed on Second Street. City Council Meeting Page 7, 4-6-81 XV. RECESS XVI. OTHER BUSINESS XVII. ADJOURNMENT Council concurred to have the City Attorney research as soon as poss'ible ways that this type of house can be denied on R-1 property and staff agendize for the April 20, 1981 meeting. 81 3. EXECUTIVE SESSION FOR PERSONNEL MATTERS Councilman Saltarelli asked for an executive session for per- sonnel matters and Council concurred. It was moved by Saltarelli, seconded by Edgar, to recess at 11:17 P.M. to an Executive Session for Personnel matters. Carried 5-0. MIN13T~S OF TUSTIN CITY COUNCIL RECONVENED AT 11:43 P.M. April 6, 1981 4. ' CITY MANAGER ORDINANCE AND CONSULTANT FOR HIRING It was moved by Hoesterey, seconded by Edgar, to direct the City Attorney to draft an ordinance for City Manager and to hire the consultant firm of Ralph Anderson and Associates for recruitment of a City Manager. Carried 5-0. 35 It was moved by Hoesterey, seconded by Edgar, to adjourn at 11:45 P.M. to the next regular meeting on April 20, 1981. Carried. l