HomeMy WebLinkAboutPC Minutes 03-20-72 CITY COUNCIL
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MINUTES OF A REGULAR MEETING
TUSTIN.._CI27C COUNCIL-,:~.` `- ~~~,: ~ :: •-
CALL TO~• ORDER .The mee~.inq was called to order. at. 7:•35 p:m.
by Mayor Coco.
II.
PLEDGE ~F
ALLEGIANCE
III.
INVOCATION
IV.
ROLL CALL
V.•
PUBLIC
HEARINGS
Led by Mayor Coco.
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Given by Councilman Oster.
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Present: Councilmen: Coco, C. Miller, Marsters*,
L. Miller, Oster
Absent: Councilmen: None.
Others present: ,City Administrator Harry Gill
City Attorney James Rourke.
Asst. City Admin.-Comm. Dev.
Ren Fleaqle
• "'~~ City Clerk Ruth Poe
* Councilman Marsters arrived later in the meetsing
(7:52 p.m.):
1. ZC 72-229 PLANNING COMMISSION~INITIATED
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Planning Commission initiated rezoning of an
approximate 34-acre parcel of land from the
R-4 (Suburban Residential) District to the
P & I (Public and Institutional) District.
Site is bounded by Sycamore on the north,"
Red Hill on the east, mainline ATSF Railway
on the south, and incorporated limits to the
west.
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Mr. Flea le outlined the background of this zone
ange rom staff reports and described the location.
Ma or Coco opened the public portion o~ the hearing'
at 7: 1 p.m. There being no comments or objections
he closed the public portion of the hearing..
Moved b L. Miller, seconded by Oster that the
findings o__the_Plannfng Commission as contained
in Resolution No. 1258 be a roved, and the Clty
Attorney a irecte to raft the necessary ord-
Wa.~: b.FliiiGY WiGYai K\V 4a1a/,
2. PZ 72-133 PLANNING COMMISSION INITIATED
Application for prezoning of an approximately
2.54 acre parcel from County E-4 (Small Estates)
District to City of Tustin R-1 (Single Family
Residential) District for property located
approximately 660 feet north of the centerline
of Seventeenth Street, with approximately 340
feet frontage on the west side of Prospect
Avenue.
Hr. Fieagle summarized the background a~sd 1~ooation
of this p er zoning action, as reflected in staff
reports.
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3/20/72 Page 2.
Replying to~Councilmen's questions, Mr. FleacZle
explained the zoning of surrounding properties,
and stated that the plot plan. had not yet been
submitted, although the street circulation has been
discussed with the applicants, and that units were
expected to be marketed at about $40,000. It is
anticipated that a consolidated development,
including a parcel to the north recently prezoned
to R-l, can be achieved, thereby resulting in only"
one street cut on Prospect.
Ma or Coco•opened the public portion of the hearing
at 7 p.m. There being no comments or objections,
he closed the public portion of the hearing.
Moved by Oster
iiiW.VG .
r that the
as contain
, o....
necess
Councilman C. Miller stated his opposition to this
zone change as we 1 as the change in zone for the
parcel to the north (prezoninq approved by Council
on 2/22/72) on the basis that the nature of the
neighborhood was being changed by downgrading the
zoning, and the possibility of annexation did not
justify that.
Ma or Coco stated that he was also concerned about
e aspect of the neighborhood, but pointed out that
` R-1 zoning on both parcels was in conformance with
~ ~ the General Plan and the adopted ultimate boundaries
of the City, and that upon annexation, development
would be under City controls. The increase in den-
sity amounts to only three houses in the entire
parcel. He felt that the advantages far outweighed
the disadvantages.
Above motion carried by 3-1 vote, Councilman C. Miller
voting no. Councilman Marsters absent.
VI.
CONSENT
CALENDAR 1. APPROVAL OF MINUTES - March 6, 1972,~meeting.
2. APPROVAL OF DEMANDS in amount of $222,795.56
Moved b C. Miller, seconded b Oster that Consent
Ca endar terns 1 and 2 be a roved. Carried unan-
usly, Councilman Marsters absent.
VII. .
ORDINANCE
FOR
ADOPTION 1. ORDINANCE NO. 538
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1 An Ordinance of the City Council of the City
i~.:ti of Tustin, California, PREZONING PROPERTY ON
APPLICATION PZ 72-132 OF GEORGE AND THELMA
STOLTE.
Property situated on the west side of Prospect
Avenue, north of 17th Street and south of
Laurie Lane.
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COttltCi~ Minut~~s"_...._~'- ._
3/20/72 Page 3
Moved
w. -.No.-5
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VIII.
ORDINANCES
FOR
INTRODUCTION
that Ordinance
nl~. , Carr ed
Title of Ordinance No. 538 read by the secretary.
Moved b L. Miller, seconded by Oster that Ordinance
No. 538 a adopted. Carried. Ayes: Coco, C.• Mil er,
L. Miller, Oster. Noes: ne.~ Absent: Marsters.
1. ORDINANCE NO. 539
An Ordinance,. of_ the City of Tustin, California,
.. AMExiDINt~'` THlr ~ TU9T3N CITY CODE RELATIVE TO
TBXAT~ON OF VENDING MACHINES AND INTERCITY
TRANSPORTATION.
Moved by L. Miller, seconded b~
unanimously.
. Miller that
Lnra by title only.
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Title of Ordinance No. 539 read by the secretary.
IX.
RESQLUTIONS 1. RESOLUTION NO. 72-17
_ A~Resolution of the City Council of the City
of Tustin, California; ORDERING THE CANVASS
OF THE GENERAL MUNICIPAL ELECTION TO BE HELD
~:~ ON THE.IITH DAY OF APRIL, 1972, TO BE MADE
_ -&Y THE CITY .CLERK OF THE CITY OF TUSTIN.
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Moved b C: ~Mi11er,'seconded b L. Miller that
Reso ution No. - e rea tit a on and
en ave fur er reading waived and be passed
'" and adopted.
(Councilman Marsters arrived at 7:52 p.m.)
Above motion car'rid.~ Ayes: Coco, C. Miller,
Marsters, L. Niel er, Oster. Noes: none. Absent:
_. none.
X.
OLD -
BUSINESS ~ NONE. '•.
XI. - •
NEW
BUSINESS 1. APPROVAL OF SOLID WASTE COLLECTION CONTRACT,
SPECIFICATIONS AND CALL FOR BID
Councilman C. Miller, referring to Section 4726A
of the proposed ordinance, stated that the contractor
should be required to designate a person approved by
the City to act as his representative with authority
to act for him when necessary, and that the designated
person not be replaced without the approval of the
contracting agency.
Mr. Rourke suggested that the words "approved 'by
• City" be inserted after "persons".
Replying to Councilmen's questions concerning Hours
of Business (Section 4724), Mr. Blankenshir~ stated
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Council Minutes
3/20/72 Page 4
that contractors have indicated that a 7:00 a.m.
starting time is too late, that they have to get
in and get out earlier, based on a desire for less
. congestion to avoid traffic problems and delays
and the presence of trucks on residential streets
at times when children are coming home from school.
There is no provision in the ordinance for a later
starting time on Skturday or Sunday, or one barring
i pickup on Sunday. Generally, contractors don't
pick up on Saturday or Sunday in residential areas
unless there is a holiday or severe weather problems
affecting weekday pickup. Se felt that such ex-
captions could be covered by the phrase "provided
that the City may waive such limitation when nec-
essitated by conditions beyond the control of the
contractor", which is contained in the opening
sentence of Section 4724.
Mayor Coco suggested that waiver should be an
administrative matter..
Councilman L. Miller stated that the restriction
s ould a so apply to commercial collection on
Saturday because the main complaint in the past
has involved residents near Larwin Square being
disturbed by noise from commercial pickup at
that location.
Mr. Blankenshi felt that this situation would be
governed by a urther provision in the same
paragraph: .
~~Commercial collections may be allowed out-
' side of the afore-described collection ties
-• by the City Administrator provided that the
area served and the method of collection
used will not disturb residential units in
the area."
Mr. Rourke suggested a change to read:
Co actions shall start at 7:00 a.m. and
no collections shall be made between the
hours of 8:00 p.m. and 7:00 a.m. nor on
Saturday or Sunday."
Further down, the sentence starting "Commercial
collections ." should be changed to read:
• "Collections may be allowed outside the
afore-described collection times by the
City Administrator provided that the area
served and the method of collection used
will not disturb residential units in the
area."
Councilman C. Miller stated that an alternative
a ou a inc u e in the formal proposal to
indicate the increase, if any, in costs provided
~" the 7:00 a.m. starting time is enforced, and
.adopt the ordinance later after bids are submitted
`,,, indicating the costs.
Mr. Blankensh~~ipp~~suggested that the ordinance be
ntro uce a if the Council should later want
to accept a contract proposal that differs from
the ordinance, the ordinance could be changed.
A delay might require adoption of the ordinance
as an urgency measure.
Mr. Gill suggested that prohibition of collection
on Saturdays would involve the necessity for added
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equipment and,.crews on weekdays, although~it.could
~. R= ' - ~... ':~:::g.:.ba. prol~bted.~abutting.~cesidential areas.:
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'`•~ ~ ~ ~` Councilman Oster also favored introducing the -
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ordinance with modifications as set forth by
~- ~---- --- the City Attorney, which prohibited any pickup •
on Saturdays or Sundays without a waiver from
-~ the City Administrator.
Moved by Oster,-seconded by Marsters that
a. bid documents be approved as amended by in-
clusion of alternate bidding request;
b. Ordinance No. 540, as amended (Section 4724,
deleting pickup on Saturday and Sunday with
the City Administrator having authority to~
waive these restrictions when necessary, and
Section 4726, by addition of words "approved
by City" after "persons"), have first reading
by title only;
c. Resolution No. 72-18, with change in line 14
. to provide for bid opening at 11:00 a.m.,
' - April 14, 1972, have first reading by title
only; and
d. that further reading be waived and Resolution
No. 72-18 be passed and adopted.
-~ Motion carried. Ayes: Coco, C. Miller, Marsters,
L. Miller, Oster. Noes: none. Absent: none.
Titles of Ordinance No. 540 and Resolution No.
72-18 read by the secretary.
XII.
. 'OTHER
BUSINESS 1. RABIES VACCINATION CLINIC •
Mr. Gill stated that the County has requested per-
mis- s on to hold a rabies clinic at the Market
Basket parking lot in Tustin on June 1, with the
cooperation of private veterinarians. The City
Fire Department ha$ no objections; Police and
Planning Departments concur that the clinic should
be conducted on the west side of the parking lot
"`• - behind the market as there would be a vacant field
. adjacent to the paved area and this would ease any
traffic congestion. These clinics had formerly
been held in Prentice Park in Santa Ana.
Moved b Marsters, seconded b L. Miller that
e request to of a rabies vaccination clinic
on June 1 in the Market Basket parking lot be
approved. Carried unanimously. _
2. LITTLE LEAGUE REQUESTS
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Mr_Gill stated that the Little League has requested
permission to erect plywood fences with advertising
in the First and "C" Street park, and referred to
the Recreation Director's March 16 report on the
matter which recommended utilization of portable
fences rather than temporary fences for the duration
of the season. The Parks and Recreation Commission
has confirmed this recommendation.
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Mr. Bob Chamberlain, 1372 Kenneth Drive, Tustin,
o Tustin National Little League, urged Council
approval of the request.
Council Minutes
3/20/72 Page 6
Mr. Dick DeSart, 2042 Fallen Leaf Place, Tustin,
associated with Tustin National Little League,
asked about the Parks and Recreation Commission
discussions on this matter, stating that their
main concern is maintaining Little League regula-
tions.
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. Mr. George Ritsi, Vice Chairman of the Parks an
Rec eation Commission, stated that at a workshop
meeting held on Saturday, March 18, for the purpose
of reviewing park name entries, the Commission
reviewed the staff report on the Little League
matter in view of its urgency. Following dis-
cussion, the•Commission unanimously agreed with
• the staff report; they would not like to see the
fences erected on a permanent basis for the entire
- season, as the park's open space value would be
diminished by the presence of the fences during
times when the diamonds are not in use. .
Mr. Chamberlain disputed parts of Jack Harrison's
report, stating that 350 boys would be unable to
play baseball if the area is-not fenced in; that
their season runs only through June 26; that of
18 leagues in District 30, at least nine have
advertising fences; that several parks in the Santa
and Orange areas-are no larger than the First and
"C" Street park and still accommodate these fences.
Mayor Coco stated that while he understood the
. necessity of the Little League occupying this
park temporarily as a result of unplanned delays
:~ in their future location, still this park is the
' first major project under the people's bond
election, and it will be watched with great interest
:M for its beauty. If fences are mandatory, couldn't
they be removable or at least see-through for the
ten-week period, without advertising?
In reply to this, Mr. Chamberlain stated that
. he was not opposed to chain link fences and that,
speaking for himself only, he might settle for
the chain link fence without advertising.
Councilman C. Miller suggested use of see-through
w re and wood ences ("snow-fences") such as those
• used at Columbus Tustin School, to be left up for
the ten-week season. He was against advertising
in a public park.
Mr. Dick Bannon, 1571 Lanai Way, Tustin, of Tustin
National Little League, stated that money is
critical, and that they are reluctant to invest
funds in fencing at the City park because of~a
sizable financial commitment to their permanent
installation at the Red Hill/Sycamore School,
which is not ready for use this season. Each sign
brings in about $50.00 for advertising, and these
fences would be around the major league field only.
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A discussion followed during which the actual hours
of play during the season were clarified.
• Moved by Oster, seconded b Marsters that the
reQUest of Tustin Nat onal Little League to install
temporary fencing with actvertisinq arouna their
major league diamond and "snow-fence" fencing
around the other two diamonds at the First and "C"
Street park for a ten-week period to June 26, with
rgya,o.•as of fences to be accomplished by July 1,
ce approved. Carried unanimously.
..ouncil Minutes
3/20/72 Pgae 7
Mayor Coco wanted the record to show that this
in iio" way se.~s"`~' precedent for Tustin parks, ,and
. • • , `' that~`trie ~~fences""will be removed perman~ei~t~ty" in
June of this year. -
3. SANITATION DISTRICT RATE INCREASE .. ~ ~,
~. ~ Mr. Gill referred to a letter from the County
Saner tation Districts relative to a proposed --~
increase in fees by Sanitation District 7.
• Councilman C.,Miller states that as a result of a -`~
• stu y by the District staff of cost of providing •
services to areas potentially developing in higher
' densities than master-planned, it was determined
that unless charges are increased for multiple
developments, single-family dwellings are actually
` subsidizing sewage treatiflent for multiple develop-
ments. It is calculated that equitability can
be achieved by increasing connection fees for
multiple developments to $250.00 per unit. Mr. •
Miller stated that he was in favor of the increase. _
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Replying to Mayor Coco's questions about the high
District tax rate which is more than half the City's
general tax rate, although the City provides a full
range of services, Councilman C. Miller explained
• _ some aspects, and suggested t at the City Engineer
could•go over the District's budget and costs if
more information is desired. He said that he would
relay Council's comments to the District Board of
' Directors.
4. EASEMENT TO TUSTIN WATER WORRS FOR FIRE STATION ~,
_ ~ SE I ~
Mr. Gill stated that in exchange for an easement
to the Tustin Water~Works to provide service to
• the new fire station, the Water Works would install
a fire hydrant at no charge to serve the fire station
1 and maintenance yard facilities.
Moved by C. Miller, seconded by L. Miller that the
Mayor and City Clerk be authorized to sign the
easement agreement with the Tustin Water Works.
Carried unanimously.
5. SAMCO - INTERGOVERNMENTAL COUNCIL COMMITTEE
QUESTIONNAIRE
Ma or Coco asked that each Councilman complete
t e questionnaire for Councilmen and Supervisors
relative to an intergovernmental council for
Orange County, and return it by April 20 to Mayor
Don Smith or Orange, Chairman of the Intergovern-
mental Council Committee of SAMCO. Stamped
envelopes have been prepared for the Councilmen's
replies.
6. CITIES SELECTION COMMITTEE BYLAWS
Mayor Coco stated that the Cities Selection Committee
By aws are on file at City Hall for review; these
are scheduled to be voted on by the mayors on •
April 13. In addition, the proposed statutory amend-
ments relative to the Cities Selection Committee are
also on file.
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7. COUNTY ZONING
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Council Minutes
3/20/72 Page 8
The Council discussed the problem of certain uses
such as service stations and take-out food establish-
ments being permitted by right of zone by the County
in areas adjacent to city boundaries. The Council
favored communication to the Board of Supervisors -
statinq the Council's position on this, and request-
ing an amendment to the County Zoning Ordinance to
require public hearing and use permits for such
uses.
After further discussion, the staff was directed
to prepare a resolution requesting such an amend-
ment to the County Zoning Ordinance; upon its
adoption and signature by all five Councilmen,
the resolution is to be sent to the League of
Cities, Orange County Division, for communication
to other Orange County cities.
Ma or Coco stated that the Urban Adjacent Areas
Tasc Force is looking into such disparities between
city and County standards. '
$. RESOLUTION RE: ENFORCEMENT OF BROWN ACT
Councilman C. Miller requested that a resolution
s1 ar to at o the City of Costa Mesa be
drafted urging the State Legislature to govern
themselves in conformance with anti-secrecy
principles in the conduct of all their business,
as provided for under the Brown Act.
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9. COMMENDATION
Councilman L. Miller acknowledged a letter of cow-
men anon recte to Police Chief Glenn Sissel
by Chief Gourley of the Buena Park Police Depart-
went on the outstanding job done by Officer Fred
` Donahue in acting as Coordinator of the Explosive
Devices Seminar in cooperation with the Alcoholic,
Tobacco, and Firearms Division of the Internal
Revenue Service and Santa Ana College.
10. CENTER ISLAND
Ma or Coco acknowledged receipt of a letter to
e C ty row Mrs. Richard E. Spisak, 13561
Diamond Head Drive, Tustin, commending the.con-
struction of center islands and tree planting
on Red Hill Avenue between First Street and Bryan
Avenue.
11. AGENDA PACKETS FOR PUBLIC
Mr. Ral h Welsh, Jr., 1321 East First Street, Tustin,
a can i ate or City Council, thanked the Council
~`~' ~ ~ for action taken to provide candidates with backup
information related to official meetings. He
recommended that such materials, and staff meeting
minutes, be made available for public review also.
Mayor Coco stated his complete agreement with this
suggestion.
It was decided that agenda materials relative to
c3.ty Council and Planning Commission meetings, as
well as staff meeting minutes, will be kept avail-
able at City Hall and at the Police Department for
public perusal.
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~ouncil Minutes
3/20/72 Page 9
XIII:
ADJOURNMENT
12. RED HILL FIRE STATION
Mr. St Brand, 13102 Woodlawn, Tustin, protested
the co~itinued use of the siren at the Red~Hill Fire
Station, 13112 S. W. Newport Avenue, a County facility.
He asked about the possible discontinuance of the
use of the facility entirely.. He had talked to
County officials about this with no results. He
asked whether a citizens' petition might be effective.
Mr: Gill stated that discussions with the County
on t~iis subject have been going on for over a year;
the City's position is that they would like to
serve the entire area, including unincorporated
County islands adjacent to City boundaries.
Ma or Coco requested that Mr. Gill keep Mr. Brand
in ormed of developments, including the appropriate
time for a petition, if needed.
13. BICYCLE SAFETY
Mr. Brand expressed concern about children riding
~icy~ n the wrong side of the street, facing
traffic, rather than keeping to the right side,
as required under the State Vehicle Code.
There being no further business before the Council,
Mayor Coco declared the meeting adjourned at
9:33 p.m. to a Personnel Session.
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ITY CLERK