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HomeMy WebLinkAboutCC MINUTES 1975 04 21 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 21, 1975 CALL TO ORDER The meeting was called to order at 7:30 p.m. by Mayor Saltarelli. II. PLEDGE OF ALLEGIANCE Led by Councilman Sutcliff. III. INVOCATION Given by Councilman Welsh. IV. ROLL CALL Present: Councilmen: Sattarelli, Sharp, Sutcliff, Welsh. Absent: Councilmen: Edgar. Others present: Acting City Administrator Dan Blankenship Asst. City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe PRESENTATIONS 1. PROCLAMATION TO BETA SIGMA PHI Mayor Saltarelli read in full a proclamation con~nending the Beta Sigma Phi International Sorority, and presented it to representatives of that organization. 2. PROCLAMATION FOR "PUBLIC SCHOOLS WEEK" Mayor Saltarelli read in full a proclamation designating the week of April 21-27, 1975, as "Public School Week in Tustin", and presented the proclamation to representatives of the Tustin Masonic Lodge, the sponsoring organization. V. PUBLIC HEARINGS NONE. VI. PUBLIC CONCERNS 1. RON OSTER, RE: SISTER CITY, MATAMATA, NEW ZEALAND Mr. Ron Oster, 15851 Pasadena, Tustin, presented to the Council a flag of New Zealand and a letter from the Mayor of Tustin's "sister city", Mateta, New Zealand. 2. LOU GERDING, RE: PHOTOS FOR TIME CAPSULE Mr. Lou Gerding, 333 E1 Camino Real, Tustin, showed an aerial photo of the downtown area, with an overlay identifying the major streets and landmarks. He invited the Council members to con- tact him if there were any particular locations they wanted photographed for inclusion in the time capsule to be buried on the City Center grounds on April 26. 3. MAY EVANS, RE: BICYCLE LICENSING FEES Ms. May Evans commented on bicycle licensing fees, stating that a 50¢ fee (which the Council had deleted from Ordinance No. 649, introduced at the previous meeting) was reasonable to cover administrative costs, and asked whether use of the fees for upkeep of bicycle lanes would be feasible, and whether the City would have any additional liability in allowing children to license their bikes for free and ride in the City. City Council Minutes 4/21/75 Page two VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES - April 7, 1975, meeting. 2. RATIFICATION OF DEMANDS in the amount of $149,911.79. 3. RESOLUTION NO. 75-19 A Resolution of the City Council, City of Tustin, California, FINDING AND DETERMINING THAT PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF REAL PROPERTY AT 155 WEST FIRST STREET, TUSTIN, CALIFORNIA. 4. BARRANCA STORM DRAIN - E.D.A. PROJECT NO. 07-01-01391 Approval of plans and special provisions for the Barranca Storm Drain, dated April 1975, as recommended by the City Engineer. Replying to Councilman Sharp, Mr. Rourke explained the refer- ence in Resolution No. 75-19 to a "filing fee", stating that while this Resolution doesn't make it clear that this is actually a deposit, the form prepared to be used by anyone submitting an offer makes it very clear that it is a deposit. Moved by Sharp, seconded by Sutcliff, that all items on the Consent Calendar be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 647 An Ordinance of the City of Tustin, California, AMEND- ING ORDINANCE NO. 189, THE CONTINUITY OF GOVERNMENT ORDINANCE OF THE CITY OF TUSTIN. Moved by Saltarelli, seconded by Sharp that Ordinance No. 647 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 647 by title. Moved by Sharp, seconded by Sutcliff, that Ordinance No. 647 be adopted. Carried. Ayes: Saltarelli, Sharp, S~tcliff, Welsh. Noes: none. Absent: Edgar. 2. ORDINANCE NO. 648 An Ordinance of the City of Tustin, California, PROVIDING FOR THE PREPARATION AND IMPLEMENTATION OF PLANS FOR DISASTER EMERGENCY SERVICE. Moved by Sharp, seconded by Welsh, that Ordinance No. 648 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 648 by title. Moved by Welsh, seconded b~ Sharp that Ordinance No. 648 be adopted. Carried. Ayes: Saltarelli, Sharp, Sutcliff, Welsh. Noes: none. Absent: Edgar. Mayor Saltarelli requested that staff provide a brief synopsis of exactly what the procedure would be if a disaster occurred. Councilman Sharp agreed, and also recommended that a drill be held to assure that the system works and everyone has a clear understanding of what needs to be done in an emergency. City Council Minutes 4/21/75 Page three 3. ORDINANCE NO. 649 An Ordinance of the City of Tustin, California, PROVIDING FOR THE LICENSING OF BICYCLES. Moved by Sutcliff, seconded by Sharp, that Ordinance NO. 649 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 649 by title. Moved by Sharp, seconded by Welsh that Ordinance No. 649 be adopted. Mr. Sharp reiterated his position expressed at the last meeting on the subject of the 50¢ fee, stating that he opposed setting a precedent by adopting an ordinance that requires citizens to pay to businesses a fee for a sezviCe such as this. If the cost of the program later becomes sizeable, the ordinance can be amended to provide for a fee sufficient to administer the pro- gram. He felt that licensing and fees for it should be kept within the City. In reply to Councilman Sutcliff, Chief Kelly stated that no cost figures on the program are available right now. It is intended that the present system, using Police, Fire and Parks and Recreation Departments, will be continued with possible expansion using the Explorers. But the benefit of the service by the bicycle dealers lies in the customer being able to license the bicycle at the time it is purchased, which is the best protection, Councilman Welsh stated that if a person in private enterprise i : is asked to do a service for the City, he should be reimbursed for that service. Referring to the ordinance itself, he noted that although the reference to a 50¢ licensing fee had been deleted from Section 5-7 by Council action at the last meeting, there are still references to licensing fees thoughout the ordinance. Mr. Rourke stated that when the ordinance was amended at the last meeting, one subparagraph that provided for the fee on the initial issuance was deleted from Section 5-7. If there are not to be any fees at all, those other references to fees should be removed from the ordinance, and he recommended that it would be appropriate to bring the ordinance back to the Council at the next meeting in new form. Mayor Saltarelli discussed his concern about having bike licensing ordered by the State, feeling that the government's business is not to tell people what to do, but to offer services if the pub- lic elects to use them. He said that it is not of sufficient importance for a citizen to have to notify City Hall if he moves, because of a bike license. Mr. ~ourke responded that the City should adopt an ordinance, and he didn't think the City could make it permissive. Councilman Welsh supported an ordinance meeting the needs of the general public and helping to alleviate the bicycle theft problem, but said that charges should be made only to cover costs, and that persons buying bicycles in Tustin should be allowed to license them at the time of purchase. Following further discussion, Councilman Sharp withdrew his previous motion. City Council Minutes 4/21/75 Page four Moved by Sharp, seconded by Welsh, that consideration of this ordinance be continued pending amendment of Section 5-7, and all references in the ordinance pertaining to fees. Mayor Saltarelli requested deletion of 'Section 5~5, concerning change of address. Brief discussion followed during which Councilman Sharp requested that staff see what other cities have done recently in this area. Above motion carried unanimously, Councilman Edgar absent. IX. ORDINANCES FOR INTRODUCTION NONE. X. OLD BUSINESS NONE. XI. NEW BUSINESS 1. MEDIAN ISLAND LANDSCAPE PLANS, IRVINE INDUSTRIAL COMPLEX Mr. Fleagle gave the background of this matter, and summarized the action before the COuncil as being a determination of design landscaping for median islands with alternatives being grass and olive or podocarpus trees, or carrotwood trees and African daisies; a determination of allocation of costs for landscape maintenance prior to the collection of maintenance district fees; and a determination of the preferred use and treatment of the Jamboree right-of-way. Mr. Bill Borden, of the Irvine Industrial Complex, stated he agreed in concept with staff or Parks and Recreation Commission recommendations, stating his only concern is wi~h the quality that goes into the medians. Replying to Councilman Sutctiff, Mr. Borden said that maintenance costs of the respective landscaping proposals were essentially the same for the first three years; costs would then lessen slightly with the turf. In response to Mayor Sal~arelli, Mr. Borden said that the staff's proposal on use and treatment'of the Jamboree right- of-way has merit. Following brief discussion, it was moved by Sutcliff, seconded by Sharp that staff recommendation #1, approve the median island landscaping as recommended by staff and subject to staff approval of soil, plant material end irrigation system, be approved. Mr. Fleagle clarified that this would mean planting of carrotwood trees and African daisies, as recommended in the supplemental report from Hugh West, Maintenance Superintendent- Mr. Don Biery, Parks and Recreation Director, expressed the Parks and Recreation Commission's preference for continuing the existing appearance of the medians throughout the City, but possibly with blade grass rather than dichondra. Councilman Welsh agreed, stating that ~the medians should be identified with the City, not only with the Industrial Complex. Following further brief discussion, the above motion was carried by a 3-1 vote, Councilman Welsh voting no, Councilman Edgar absent. City Council Minutes 4/21/75 Page five Moved by Sharp, seconded by Saltarelli, that the solicitation of proposals for the lease Of the Jamboree right-of-way for one year terms be authorized, with option of year'to-year renewal. Councilman Sharp recommended that such uses as a driving range or archery practice area be considered for this area. Mayor Saltarelli expressed no real objection to this, except that by putting anything else in, it seems to detract from moving ahead as fast as possible to get the road done. AbOve motion carried unanimously, Councilman Edgar absent. Moved by Saltarelli, seconded by Sharp, that the responsibility for maintenance of the landscaped areas be assigned to the developer (the Irvine Industrial Complex) until funds can be received from the Maintenance District to reimburse the mainte- nance costs. Carried unanimously, Councilman Edgar absent. 2. VACATION OF PEDESTRIAN EASEMENT - LOT 9, TRACT 7813 Moved by Saltarelli, seconded by Welsh, that a quitclaim of the pedestrian easement across Lot 9, Tract 7813, be authorized, with a retention of the storm drain easement as recorded. Mr. Fleagle said that a tentative tract map had been submitted to convert the school site to 45 residential building sites. Ownership of the land is still with the Irvine Company. The developer of the Peppertree Homes intends to put these 45 home sites into production as soon as approved. MaTor Saltarelli suggested that staff discuss with the builders the possibility of dedicating additional land for the park site and more recreation amenities in that area. In reply to questioning, Mr. Fleagle said that the developer had proposed dedication of a 30-foot strip of land to augment the park site. Development of park land criteria was based on the use of the school site in addition to the park as open space. The PC District regulations will l~ave to be amended to relate park land to the~total development rather than to the 45 housing units proposed. This matter would come before the Planning Commission and Council for evaluation. Above motion carried unanimousllz, Councilman Edgar absent. XII. OTHER BUSINESS 1. COMPLIANCE WITH ORDINANCE NO. 646 Mr. Fleagle stated that plans had been submitted for the con- struction and remodeling of a professional and retail sales building at 205-215 West First Street, which had been reviewed by staff to obtain corrections in lot dimensions, sethacks, and ~-~ parking accommodations. The plans are now compatible and archi- tecturally consistent with the previously approved adjacent building. He asked for Council determination as to whether submission of plans for approval prior to the adoption of Ord- inance No. 646 (requiring a public hearing and use permit for development or redevelopment along First Street) is justification for issuance of the building permit without the necessity of a public hearing. Following brief discussion, it was moved by Sharp, and seconded, that the issuance of a building permit under the above circum- stances be authorized without the necessity of a use permit pub- lic= hearing. Carried unanimously, Councilman Edgar absent. City Council Minutes 4/21/75 Page six 2. KOLL-BORCHARD DEVELOPMENT Mr. Fleagle brought to the Council's~ attention the approval by the Planning Commission of a conditional use permit for public storage facilities as part of the Koll-Borchard development. He said that advertising for the facilities would be by direct mail, not by signing, and that a resident manager will be living on the premises to maintain security of the gated, locked facility. In reply tO questioning, Mr. Fleagle said that the colors and materials have not yet been submitted, but said that there would be no justification for a color of the ~character typical of these storage facilities, as there is no identity by color. Moved by Saltarelli, seconded by Sharp, that Mr. Fleagle's April 15th memorandum on th~ Koll-Borchard development be received and filed. Carried unanimously, Councilman Edgar aSsent. Mr. Fleagle added that the Don Koll Company is working through the Marine Corps to alleviate the very hazardous situation of a part of the MCAS(H) fence projecting out into right-of-way on Moulton Parkway which has been fully improved to 120 feet width to that point. A condition of approval of the Celanese parcel required construction of a tapered roadway to the satis- faction of the City Engineer to move traffic safel~ through that area. The m~tter is being studied, with the preferred solution being an easement across the MCAS (H) land to allow extension for tapering. Alternatives are berming or installation of a temporary curb in the improved right. of~way to channel lanes and traffic. A letter from the Council requesting the Marine Corps's cooperation in this matter was requested by the Don Koll Company. Mayor Saltarelli agreed to this. 3. JAMBOREE BERM Mr. Fteagle advised that, regarding landscaping on Jamboree, when the tract map was approved, an eight-foot berm was required along the easterly side of Jamboree, but it may be necessary to reduce the height of the berm to 5~ feet to allow mowing and maintenance. This will require an amendment of the ordinance. This has been discussed with the Irvine Industrial Complex. 4. COMMUNITY BUILDING Mr. Blankenship requested Council consideration of a resolution accepting the works of improvement on the Community Building and authorizing recordation Of the notice of completion, as the Community Building is substantially complete except for a few minor items whose completion will be assured by the 10% retention. The architect has also recommended this action. Councilman Sharp recommended a walk-through inspection of all the new facilities, including the Community Building~ City Hall and Police Department, by a member of the Council, and representatives of the City staff, architect and contractors, to assure compliance with all codes and completion of all items. Moved by Sharp, seconded by Sutcliff that action on a resolution authorizing recordation of the notice of completion on the Com- munity Building be deferred pendin9 a walk-through inspection of all new City Center facilities by an inspection team as des- cribed above. Carried unanimously, Councilman Edgar aSsent. Councilman Sharp was appointed the Council's representative on the inspection team. City Council Minutes 4/21/75 Page seven 5. T.N.T. COMMITTEE Councilman Sutcliff noted that the TNT Committee had completed all items with which they were charged for study, and recommended that the Committee be assigned new responsibilities or be desig- nated inactive. Mr. Fteagle said he was not aware of any unfinished specific charge of the Committee. Councilman Welsh recommended deferring action on this until Councilman Edgar, the Council's TNT Liaison, could be present. Moved by Sutcliff, seconded by Sharp, that the TNT Committee be deactivated at this time, but with the possibility of being reactivated when needed again in the future. Mr. Sharp explained the intent is to commend the TNT Committee members for the reports submitted, which will be incorporated in whatever further actions the Council might take on those issues; to inform the Chairman that the Council has nofurther charges for the Committee at this time; and to ask if they might be willing to serve again when there are additional items for them to look at. Councilman Welsh again urged delaying action on this until Councilman Edgar was present, and said that the TNT should take a close look at the disposition of zoning of properties between First and Irvine; Mr. Welsh said he was not convinced that enough study had been done on that particular area of the community. Councilman Sharp said that the Council had already adopted an urgency ordinance requiring a use permit and review by the Planning Commission and/or City Council, for any proposed development or redevelopment in that area. Following further discussion, Mayor Saltarelli requested that letters also go out to the individual TNT members. Above motion carried by 3-1 vote, Councilman Welsh voting no, Councilman Edgar absent. 6. P.A.D.S. MINUTES Councilman Sutcliff requested that minutes of the Public Agencies Data Systems Board of Directors meetings be included in the Council packets. 7. "HERITAGE WALK" Mayor Saltarelli read a letter from the Bicentennial Foundation thanking the Council for use of the old!Police building on Third Stteet for a museum, and announcing the "Heritage Walk Step-Off Weekend", May 31-June 1, 1975. Councilman Sutcliff requested Mr. West's assistance in identify- ing trees for the "nature walk" portion of this event. 8. TENNIS COURTS Mr. Blankenship advised Mayor Saltarelli that the Tustin Tennis Factory's proposal for tennis courts in the City was being reviewed by the Parks and Recreation Department staff and that further information would be available at the next meeting. Regarding joint tennis facility development with the School Dis- trict, Mr. Blankenship stated that Dr. Clemmer of the School District had advised that a freeze had been placed on the project City Council Minutes 4/21/75 Page eight pending the outcome of the.~tax override election at the end of May. Mayor Saltarelli noted that the funds were budgeted for this fiscal year, and he recommended sending a letter to the School Board requesting that they proceed with this immediately. Councilman Welsh stated that the District has had to cut several educationally ~sound budgeted projects because of financial problems. Mayor Saltarelli directed that the letter be sent. 9. T.G.I.F. The Council and members of the audience were reminded of the T.G.I.F. in the COmmunity Building at 6:00 p.m. on Friday, April 25; and of the Council Chambers/Community Building dedication and time capsule ceremony at 10:00 a~m. on Saturday, April 26. XIII. ADJOURNMENT There being no further business, the meeting adjourned at 9:41 p.m. to an Executive Session, and then to the next regular meet- ing of May 5, 1975. ' C~TY CLERK