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HomeMy WebLinkAboutCC 1 MINUTES 03-03-80CALL TO ORDER II. ROLL CALL III. PUBLIC HEARING IV. ECESS MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way February'19, 1980 The meeting was called to order by Mayor Schuster at 8:55 P.M. Present: Councilpersons: Schuster, Saltarelli, Kennedy, Welsh Absent: Councilpersons: Sharp Others Present: Dan Blankenship, City Administrator James G. Rourke, City Attorney Ruth C. Poe, City Clerk Mary E. Wynn, Chief Deputy City Clerk Mary Ann Chamberlain, Associate Planner Bob Ledendecker, City Engineer Charles Thayer, Police Chief Mike Taft, Personnel Director Ed Bushong, Finance Director Don Biery, Parks and Recreation Director Approximately 25 in the audience 1. SALE OF SURPLUS PROPERTY ON NEWPORT AVENUE RESOLUTION NO. 80-12 A Resolution of the City Council of the City of Tustin, California, FINDING AND DETERMINING THAT PUBLIC INTEREST AND CO~]VENIENCE REQUIRE THE SALE OF .REAL PROPERTY ADJACENT TO NEWPORT AVENUE HAVING AN AREA OF APPROXIP~TELY 6,866 SQUARE FEET RESOLUTION NO. 80-13 A Resolution of the City Council of the City of Tustin, California, FINDING AND DETERMINING THAT PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SAI,E OF REAL PROPERTY ADJACENT TO NEWPORT AVENUE HAVING AN AREA OF APPROXIM~LY 5,581 SQUARE FEET The staff report was given by Bob Ledendecker, City Engineer. The Public Hearing was opened at 8:57 P.M. There being no comments or objections, it was moved by Kennedy, seconded by Saltarelli, to close the Public Hearing and adopt Resolutions No. 80-12 and 80-13 which find and determine that the public interest and convenience require the sale of real properties adjacent to Newport Avenue. Carried 4-0, Sharp absent. It was moved by Saltarelli, seconded by Kennedy, to recess at 8:58 P.M. to the Redevelopment Agency meeting. Carried 4-0, Sharp absent. MINUTES OF A REGULAR MEETING REDEVELOPMENT AGENCY February 19, 1980 1. The meeting was called to order by Chairman Saltarelli at 8:58 P.M. 2. Present: Members: Saltarelli, Kennedy, Welsh Absent: Members: Sharp 3. APPROVAL OF MINUTES of February 4, 1980 meeting. It was moved by Kennedy, seconded by Welsh, that the minutes of the February 4, 1980 meeting be approved. Carried 3-0, Sharp absent. 4. It was moved by Welsh, seconded by Kennedy, to adjourn at 8:59 P.M. to the next regular meeting on March 3, 1980. Carried. RECORDING SECRETARY CHAIRMAN COUNCIL MINUTES Page 2, 2-19-80 PUBLIC CONCERNS II. CONSENT CALENDAR MEETING OF TUSTIN CITY COUNCIL RECONVENED AT 8:59 P.M. February 19, 1980 CITY COUNCIL SITTING AS THE PLANNING AGENCY Jerry Weil, 1702 Sum~rville Avenue, questioned the advisability of the City Council serving as the Planning Agency and the City Council. He expressed the view that more people could participate in government and more views would be heard if different individuals served on the Planning Agency. Councilwoman Kennedy asked that this matter be agendized for discussion. Margaret Byrd, 158 N. "B" Street, pointed out that it would just require more nights for meetings and she did not think anything would be gained. Council concurred to agendize the matter for the 2nd meeting in May which would give the newly elected Council time to become familiar with the proceedings. BROWNING-BRYAN FLOOD CONTROL CONSTRUCTION Richard B. Edgar, 13622 Loretta Drive, asked what the timing was for the Browning-Bryan Flood Control Construction that is in the budget. Mr. Ledendecker, City Engineer, responded that it was being reviewed and hopefully it would be under construction about July 1st and would take about 6 months to construct. POLICE PATROL IN CENTENNIAL PARK Mike Ryerson, 1362 Charloma, questioned the Council's judgement in placing the Police Patrol in Centennial Park for three hours each evening. The Mayor responded tha~ the crimes in the park were serious and Council had asked the Police to try to clear up the problem. Chief Thayer commented that he had given the order for the hours the patrol was in the park. There have been 10 times the number of complaints in the park area than any other part of the City. Last week the arrests in the park area were reduced to five. Councilman Welsh added that we had been able to resolve problems in Frontier Park and other places and we are beginning to see the light in Centennial Park. Kat~ Weil, 1702 sUmmerville, representative of the Tustin Meadows Home- owners Association, thanked the Council and the Police for help and coop- eration in trying to solve the problems. 1. APPROVAL OF MINUTES - February 4, 1980. 2. APPROVAL OF DEMANDS in the amount of $979,770.00. RATIFICATION OF PAYROLL in the amount of $77,260.52. 3. RESOLUTION NO. 80-14 A Resolution of the City Council of the City of Tustin, APPROVING FINAL TRACT NO. 10628 Adoption of Resolution No. 80-14 as recommended by the Community Development Department. 4. RESOLUTION NO. 80-15 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEmeNT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adoption of Resolution No. 80-15 as recommended by the Engineering Department. COUNCIL MINUTES Page 3, 2-19-80 III. ORDINANCES FOR INTRO- DUCTION IV. ORDINANCES FOR ADOPTION 5. RESOLUTION NO. 80-16 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROV]~MENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION Adoption of Resolution No. 80-16 as recor~ended by the Engineering Department. 6. RESOLUTION NO. 80-17 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CITY OF TUSTIN FISCAL YEAR 1979-80 SIDEWALK REPAIR PROGRAM AND DIreCTING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption of Resolution No. 80-17 as recormended by the Engineering Department. 7. RESOLUTION NO. 80-18 10. A Resolution of the City Council of the City of Tustin, California, ESTABLISHING VOTING BOARD MEMBERS AND FIXING COMJPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF SAID CITY ON ~JESDAY, APRIL 8, 1980, HERETOFORE CALLED BY RESOLUTION NO. 79-93 OF THE CITY COUNCIL. Adoption of Resolution No. 80-18 as recornnended by the City~ Clerk. CLAIM OF JOHN FREEBODY; DATE OF LOSS: 9/4/79 Denial of claim of John Freebody as reconunended by City Attorney. WRITTEN POLICY REGARDING POLITICAL USE OF PUBLIC BUILDINGS Approve the recommended Public Building Use Policy which includes prohibition of political use as recommended by the City Administrator. CLAIM OF JESUS GARCIA Denial of Claim of Jesus Garcia as recon~r~,ended by the City Attorney. Councilman Welsh asked that "yearly" report be changed to "monthly" report on Page 5, Paragraph 3, of the minutes of the February 19, 1980 meeting. It was moved by Kennedy, seconded by Saltarelli, that the Consent Calendar be approved as submitted and including the above change in the minutes. Carried 4-0, Sharp absent. None 1. ORDINANCE NO. 819 An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO PROVIDE FOR THE REGULATION OF ADULT BUSINESSES It was moved kY Kennedy, seconded by Saltarelli, that Ordinance No. 819 have second reading by title only. Carried 4-0, Sharp absent. Following the reading of the title of Ordinance No. 819 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Kennedy, seconded by Welsh, that Ordinance No. 819 be passed and adopted. ROLL CALL VOTE: AYES: Schuster, Saltarelli, Kennedy, Welsh NOES: None ABSENT: Sharp OLD BUSINESS VI. NEW BUSINESS COUNCIL MINUTES Page 4, 2-19-80 2. ORDINANCE NO. 820 An Ordinance of the City Council of the City of Tustin, ADDING CHAPTER 9, SECTIONS 4900 THROUGH 4924, TO ARTICLE 4 OF THE TUSTIN CITY CODE, ESTABLISHING WATER POLLUTION CONTROL REGULATIONS It was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 820 have second reading by title only. Carried 4-0, Sharp absent. Following the reading of the title of Ordinance No. 820 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Kennedy, seconded by Welsh, that Ordinance No. 820 be passed and adopted. ROLL CALL VOTE: AYES: Schuster, Saltarelli, Kennedy, Welsh NOES: None ABSENT: Sharp 3. ORDINANCE NO. 821 An Ordinance of the City Council of the City of Tustin, California, AMENDING ARTICLE 4, CHAPTER 1, PART 1 OF THE TUSTIN CITY CODE RELATING TO THE REGULATION OF MOBILE FOOD PREPARATION VEHICLES It was moved by Kennedy, seconded by Welsh, that Ordinance No. 821 have second reading by title only. Carried 4-0, Sharp absent. Following the reading of the title of Ordinance No. 821 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 821 be passed and adopted. ROLL CALL VOTE: AYES: Schuster, Saltarelli, Kennedy, Welsh NOES: None ABSENT: Sharp 4. ORDINANCE NO. 822 An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE BY THE ADDITION OF SECTION 9274, APARTMENT CONVERSION STANDARDS, TO PART 7, GENERAL REGULATIONS OF CHAPTER 2, ZONING It was moved by Kennedy, seconded by Saltarelli, that Ordinance No. 822 have second reading by title only. Carried 4-0, Sharp absent. Following the reading of the title of Ordinance No. 822 by Mary E. Wynn, Chief Deputy City Clerk, it was moved by Kennedy, seconded by Welsh, that Ordinance No. 822 be passed and adopted. ROLL CALL VOTE: AYES: Schuster, Saltarelli, Kennedy, Welsh NOES: None ABSENT: Sharp None 1. BIKEWAY AND PEDESTRIAN PATH WITHIN ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY It was moved bv Kennedy, seconded by Welsh, that staff be directed to investigate the following: Send a questionaire to the residents adjacent to the proposed project within the Tustin Meadows, Peppertree, Laurelwood developments and westerly of the A.T. & S.F. Railroad right-of-way between Browning Avenue and the Santa Ana Freeway requesting their response as to whether a Bike and Pedestrian Facility adjacent to their properties would be acceptable. (This item to be completed prior to pursuing Item No. 2.) VI I. OTHER BUSINESS COUNCIL MINUTES Page 5, 2-L9-80 e Contact the A.T. & S.F. Railroad and P.U.C. as to whether the joint use of the railroad right-of-way would be acceptable to each agency, or whether it is the intent of the railroad to discontinue the rail usage on this line. Motion carried 4-0, Sharp absent. 2. CITY POLICY MANUAL The staff report was given by Dan Blankenship, City Administrator. It was moved by Saltarelli, seconded by Kennedy, to approve the following four Council Policy Statements as the initial policies in the new manual: 2-01 6-01 9-01 2-02 Agenda Policy-City Council Agenda Policy-Planning Agency Agenda Policy-Redevelopment Agency Mayor Selection and Recognition Motion carried 4-0, Sharp absent. 3. TUSTIN TILLER DAYS STREET FAIR Cherrill R. Webb, 1601 Bullard, Santa Ana, explained that as Chairman of the Tiller Days Committee, she was soliciting the guidance and support of the Council to work with the Tiller Days Committee to help in building a program for this and the coming years to make the city-wide event self supporting. It was moved by Kennedy, seconded by Welsh, to approve in concept: 1) acceptance and support of the street fair as a real community project, and 2) furnishing approximately $2,500 from the 1980-81 budget to support the fair, with the hope of making a similar amount of revenue from the sale of booths to make the fair self-supporting in future years if possible; and staff was directed to investigate insurance costs and report back to the Council. Attorney Rourke pointed out that if ~le committee gets the insurance for ~ne fair, they would have to pay the premium. If the City assumes the responsibility of the insurance, it may not cost any additional premium but could cost a tremendous amount if claims or suits were filed. Motion carried 4-0, Sharp absent.. Kathy Weil, 1702 Summerville, offered the help of the 4th of July committee of Tustin Meadows strictly in an advisory capacity as they have had many years of experience. EXECUTIVE SESSION Dan Blankenship, City Administrator, asked for an Executive Session following the meeting for legal and personnel matters. Council concurred. RESOLUTION 80-20 A Resolution of the City Council of the City of Tustin, AUTHORIZING PLACEMENT OF POLITICAL SIGNS IN THE PUBLIC RIGHT-OF-WAY Dan Blankenship, City Administrator, gave the staff report stating that the Planning Department has presented this resolution to implement the Council's request of the last meeting to provide some degree of regulation limiting political signs on public right of ways to being in the parkway. Mayor Schuster was opposed to cluttering the parkways with signs. Councilman Saltarelli expressed that the center islands had been more of a problem than the parkways. It was moved by Saltarelli, seconded by Kennedy, that Resolution No. 80-20 be passed and adopted. Motion tied 2-2, Schuster and Welsh opposed. It was moved by Saltarelli, seconded by Kennedy, to put this on the March 3rd agenda for consideration by a full Council. Carried 4-0, Sharp absent. VIII. \DJOURN~iEN T COUNCIL MINUTES Page 6, 2-19-80 THANKS TO KATHY WEIL AND STAFF Councilman Saltarelli thanked Kathy Weil for her excellent support as liaison between the City and Tustin Meadows Homeowners Association in helping to clear up the problems in Centennial Park. He also thanked the staff for the fine job of the opening of the sidewalk and emergency street with wrought iron gates on Sycamore between Tu~tin Meadows and Peppertree. STORM DRAIN DEVELOPMENT Councilman Saltarelli thanked the staff and Council for their long range development of the storm drains in Tustin, the benefits of which were in evidence during the rain storms of the past few days.. DIFFERENCE IN ISSUING CITATIONS TO ADULTS AND YOUTH Councilman Saltarelli asked if we could create an ordinance that would eliminate the unfair practice that we can ticket an adult and release them but if a juvenile is being cited for curfew violation, he has to be taken in and go through the entire juvenile process. Chief Thayer responded that it is not. a matter of a City ordinance but rather the Juvenile Court requires certain processes such as notifying the' parents, etc. The juvenile and adult both go to traffic court but the juvenile is heard by a Hearing Officer and the adult is heard by the .Municipal Court Judge. It is basically the same process for both. TELEPHONE OUT OF ORDER Councilman Saltarelli reported that his telephone at the Council desk had not worked for 2 months and asked that it be checked. (After the meeting adjourned, the problem was found and corrected.) RESOLVING ASSEMBLY BILL 8 Councilman Welsh reported that he had received correspondence from the Briarcliff Condom/niums, St. Jeanne de Lestonnac School, and Supervisor P~lph Clark regarding Annexation No. 97. (Main Street and Newport Freeway) and how soon we are going to resolve Assembly Bill 8. He asked if we had a meeting scheduled with them. He said Ralph Clark estimated 30 days. Dan Blankenship responded that Ralph Clark was in the driver's seat. t~. Welsh suggested that if he says it could be in 30 days, we should be moving fast and communicating with them more. Dan said that the League of Cities is moving ahead with some legislation to get a standard formula applied in the event that counties cannot agree with cities and that can be a parallel[ action. It was moved by Saltarelli, seconded by Kennedy, to adjourn at 10:16 P.M. to an Executive Session for legal and personnel matters, and thence to the next regular meeting on March 3, ].980. Carried. CITY CLERK MAYOR