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HomeMy WebLinkAboutCC MINUTES 1975 01 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL January 20, 1975 CALL TO ORDER 'The meeting was called to order at 7:30 p.m. by Mayor Langley. II. PLEDGE OF ~ ALLEGIANCE Led by Councilman Sharp. ~ III. ' INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: Langley, Sharp, Edgar, Saltarelli, Welsh. Absent: Councilmen: None. Others present: Acting City Administrator Dan Blankenship ~3sistant City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS 1. HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Mr. Fleagle stated that the City Cou~ncil, at their January 6th meeting, had authorized the approval of an agreement with the County of Orange to participate in making application for funds pursuant to the Housing and Community Devopment Act of 1974, and that it is anticipated that $42,000 will be available to the City of Tustin during the first year of a three-year funding program. This public hearing is for the purpose of hearing the ~--~ views of/the citizens relative to the Act and programs to be funded. In reply to Co~ncilmen~s questions, Mr. Fleagle explained that if the funds are approved, the City's sole obligation would be to carry out the progreum which it had submitted. There is no way of knowing whether the Department of Housing and Urban Dev- elopment will approve any program not providing for a Housing ASsistance element. On the concept of assisting low income and elderly by accepting the funds to enable reduction of the prop- erty tax rate, Mr. Fleagle indicated that it is not specified anywhere in the Act that such would be an eligible expenditure. If Tustin doesn't participate, the $42,000 would be allocated to other cities in Orange County if the County cs_n qualify as an "Urban County" of over 200,000 population according to the last census, without Tustin's participation. If the County does not qualify, the funds would become part of the discretion- ary funds of the Secretary of HUD and distributed to cities of less than 50,000 population based on their programs, wants and needs--Tustin would lose the allocation, and so would the County. The Ma~or opened the public portion of the hearing at 7:42 p.m. ~k. Bill Moses, The Tustin News, 649 South "B'~ Street, Tustin, stated his views that this appears to be an attempt from outside influences to orient Tustin's growth, that the Act is much deeper than it appears, having definite overtones of Federal and County control. He objected to the non-profit mailing from Santa Ana of flyers representing ~lespousal and advocacy of the Act". Mr. MOses preferred contacting the residents and businessmen within the proposed redevelopment area for their desires on proposed redeve!opment. He stated that by cor~itting itself to a study of this, the City is starting to commit itself to a redevelopment situation whic~h means that the property being sun~eyed would be bought UP by a housing authority. City Council Minutes 1/20/75 Page 2 Mr. Lou Gerding, 333 E1 Camino Real, Tustin, warned against the City "opening a can of worms" that it could not control, and suggested that the City Council allow Tustin to be among the first to decline participation in the Act. Mr. Btankenship explained that there may be some confusion between two different Acts: the Redevelopment Act, or "urban renewal laws", consist of defining boundaries, designating a plan for the area, and buying and redeveloping the area. Under terms of the Housing and Community Development Act, however, the Council must identify that area of the community it feels can banefit most from the funds, but has nothing to do with condemnation actions. Ms. JoAnn Scott, 1761 Roanoke, Tustin, stated that the prime objective of the Act appears to be to help in the housing area for low income families, and the application to the County requires a provision for Housing Assistance. Ms. Pamela Sheldon, Housing Planner with the Orange County Planning Department, explained that the application represents the compromise between the housing-oriented Congress and the community development-oriented Executive Branch. A Housing Assistance Plan must be submitted by each city, which may or may not show a serious need for housing. Tustin's application, for example, might show that almost the entire City is in good condition, with fewer needs for housing, and once this is shown, use of the funds for other purposes can be justified. Replying tO further c~estions, Ms. Sheldon gave examples of how "houSing needs~' ~onld be defined, including designation of a certain number of units as substandard, or a certain percentage of residents using more than 25% of their income for housing, or overcrowded conditions caused by insufficient numbers of large enough units for larger families--all using the 1970 Census as a base line. If the community has done a study since that Census, those figures would be acceptable. To the suggestion that the funds be applied as a tax credit, Ms'. Sheldon confirmed that activities not specified in the Act as eligible are ineligible.. She also clarified that the Housing Section of the Orange County Planning Department is coordinating this program, and that the County Housing Authority, a semi-! autonomous authority, has no Connection with the Act. The Federal government has afforded this program the greatest possible measure of local control. Councilman Sharp asked whether, if the City developed a body of data indicating that present housing stock is adequate, accompan- ied by a proposal to expend the funds on an aquatic facility for the City, and if it were approved, the City would be obligated to build that facility and nothing in the way Of housing; but if the deciding authority determined that the City's housing is not adequate, they could recommend that a portion or all of the funds would have to be !usedfor housing, at which time the City could reject the money. Ms. Sheldon confirmed that this process was accurate. MS. Scottinquired as to the possibility of all the cities of under 50,000 population in Orange County pooling their entitle- ments toward implementation of a low-cost "leisure world" in the County. Ms. Sheldon replied that a cooperative low income housing area is possible, but the money available in the Act is limited in terms of its use for housing, in that it can be used for land acquisition, but not for actual construction. Purchase of the land by cities could reduce the cost of the land to a developer. A possibility toward cooperative use of the funds would be for City Council Minutes 1/2G/75 Page 3 the City ~o sign an agreement providing for contribution of its funds to the County for use in areas other than within City bound- aries. Mr. John A. Prescottl 18752 17th Street, Santa Ana, a businessman in Tustin, spoke an opposition to the Act based on concern about the national deficit, characterizing the grant as "debt sharing". He recommended aga~ns~ participation by the City. There being no further cormnents or objections, the Mayor closed the public portion of the hearing at 8:30 p.m. Councilman Edgar stated he shared concern about taking Federal funds and would be against participating if there were any semb. lance" of control suggested, but favored the community capi- talizing on the money the Federal government has taken from local taxpayers, because~of certain recognized capital improvement needs, such as streets, gutters, lighting, etc., in the downtown area. He felt that in the absence of any option within the Act to reduce the tax rate, the Council should consider using the money to ben- efit the City by means of a specific request, indicative of our needs--and "back out" if there are strings attached. Councilman Sharp agreed, stating that if the City cannot use the money to reduce taxes generally, then they could get money to reduce special assessments and improve such things as storm drain- age, etc., in the City--legitimate needs already in the capital outlay program. He recommended that the Council read the Act in its entirety before the next Council meeting. Councilman Saltarelliagreed with Mr. Prescott's comments about the national debt, stating that the President's proposed tax rebate of $15-billion, for example, would necessitate the govern- ment borrowing the money to give back to taxpayers. He proposed applying for the funds and then not using them, so that they won't be borrowed. He said he would still like to investigate the con- stitutionality of cities not being given the opportunity of using the funds as a tax break. He further stated that he would reserve judgment on City participation until citizens come forth and state that they want it. Councilman Welsh agreed, noting that only negative comments had bean offered, and added that once the tax money is taken from us, he hated to see it going to some other community when there are areas of concern in this one. Moved by Sharp, seconded by Edgar, that the next public hearing on this matter be scheduled for February 18, 1975. Carried unanimously. VI. PUBLIC CONCERNS 1. MR. MAURI ELSNER, RE: T.N.T. COMMITTEE Mr. Mauri Elsner, 13272 Charloma Drive, Tustin, Chairman of the T.N.T. Committee, reported on the activities of the Committee since its formation in November 1974, including establishment of subcommittees concerned with programs that the City is involved with, such as street improvements, downtown, traffic flow, and the Housing and Community Development Act, etc. The Committee will respond by February 20 to the Council's request for input on the CPD Zone, and will also be reporting on the old City Hall property. Mayor Langley related concern about re-establishment of the Committee in terms of previous Council Resolutions dealing with its direction, structure, and public notice of meetings, adopted when the original T.N.T. Committee was being formed. Councilman City Council Minutes 1/20/75 Page 4 Saltarelli agreed, stating that the Council had not yet been pro- vided information as to the organizational pattern of the renewed Committee, and that before community groups and subgroups of T.N.T. are formed, the Council should approve the structure-- both so it won't become unwieldy and counterproductive, and be- cause the Council must decide about approvlng funding for T.N.T.- recommended projects~ Councilman Edgar suggested that the directions of the reactivated Committee should be to involve itself in things outside the direct concern of the existing Commissions. With membership in- cluding staff members and Conmlissioners, there is a degree of assurance that there will not be counterproductive activity. He acknowledged the need for the structure to be more formalized "to assure ~ul.filIment' of legal .requirements regarding notices, etc., and to better serve the Council and the community. Councilman Sharp .recalled that .there had been a meeting some months earlier of the staff and Planning and Parks and Recreation Commissions, to consider the long range capitalimprovement pro- gram of the City. The "wish list" far exceeded the City's capa- bility to fund it, and so it was decided at that time that a citizens' committee could assist in establishing priorities within the framework of what the City could afford. Councilman Edgar was .named the ichief liaison between the group and the City .Council. In .'further discussion, Mr. Elsner requestedICouncil direction as to how to proceed with the Committee. Mayor Langley and Councilman S.altare~li again requested review of the structure, ,and.Councilman Edgar proposed that a broader struc- ture · s needed than what was acceptable at the time of the origi- nal T.N.T. Committee, and agreed to work with Mr. Elsner on a · proposed .modified structuze which will relate to the old T.N.T. but=won't be limited to items whieh~.are no-longer relevant. 2. WALTER FLAHERTY, M.D., RE: POLICE INCIDENT Walter Flaherty, M.D., 17502 Irvine Boulevard, Tustin, asked to address the Council concerning a complaint about actions of the Tustin Police Depar~/nent related to a recent incident in his-office. Dr. Flaberty was advised that the Council and staff. had received the correspondence on this matter, that the staff was conducting an investigation, and that it would not be appropriate to dis- cuss'a;personnel matter in an open meeting. The Council directed that a meeting be arranged between the Acting City Administrator, the Police Chief, Councilman Saltarelli, and Dr. Flaherty, to resolve the situation. 3. EUGENE R. ATHERTON, M.D., NE: PARK LAND DEDICATION Eugene'.R. Atherton, M~ D., 2510 South. Coast. Highway, Laguna Beach, described a petition circulated last fall in-many areas of the County dealing with dedication standards for park land, initiated ~because of the County~s "inadequate local parks program". The purpose of the'petition=and the 4 acres per 1000,population park "land dedication standard was to. save.the taxpayers money for improvements=and~in the cost, of land. Dr. IAthe~ton concluded by acknowledging the City of Tustin's dynamic parks program, compared to the lack of parks east of the City in County areas. Mayor Langley also=noted that. the City has a 4-acre per 1000 popu- lation park land dedication requirement. RECESS Mayor Langley called a recess at 9:20 p.m. CALL TO ORDER The meeting reconvened at 9:35 p.m. City Council Minutes 1/20/75 Page 5 VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of January 6, 1975, meeting. 2. RATIFICATION OF DEMANDS in amount of $142,704.67. Moved by Edgar, seconded by Sharp that both items on the Consent Calendar be approved. Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 642 An Ordinance of the City of Tustin, AMENDING THE TUSTIN CITY CODE RELATIVE TO REGULATING VEHICULAR TRAFFIC AND PARKING ON PRIVATELY OWNED PROPERTY. Moved by Sattarelli, seconded by Sharp, that Ordinance No. 642 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 642 by title. MDved by Sharp, seconded by Edgar that Ordinance No. 642 be adopted. Carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. IX. ORDINANCES FOR ~.~ INTRODUCTION 1. ORDINANCE NO. 643 ! i An Ordinance of the City of Tustin, California, DECREASING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS. Mr. Blankenship explained that this ordinance establishes a 40 miles per hour speed limit on Prospect in the areas of City con- trol between 17th Street and Irvine Boulevard; the adjacent County area is presently zoned for a 40 miles per hour limit, and a recent engineering survey indicated that this is the appropriate speed limit. Moved by Saltarelli, seconded by Edgar, that Ordinance No. 643 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 643 by title. Moved by Welsh, seconded by Saltarelli, that Ordinance No. 643 be introduced. Carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. X. OLD BUSINESS NONE. NEW ! ' BUSINESS 1. BOARD OF APPEALS--ABATEMENT OF DANGEROUS BUILDINGS AND RELATED NUISANCES Mr. Fleagle gave the background of this matter and replied to Council's questions. To Mayor Langley's concern whether suggested Board of Appeals members were City residents, Mr. Fleagle replied that they all had business offices in Tustin. Moved by Saltarelli, seconded by Welsh, that this matter be con- tinued and that staff seek qualified residents of the City for City Council Minutes 1/20/75 Page 6 membership on the Board of Appeals, if it is the Council's desire to establish the Board. Mr. Fleagle indicated that the matter could not proceed other than to give notice prior to the appointment of a Board, and inquired whether the Council desired that staff explore other individuals who would be willing to serve and provide a list of names in each of the categories. The Council concurred in this approach. Above motion carried unanimously. 2. PROSPECT-BENETA PARK--PROPOSAL FOR MAPPING SERVICE Mr. Blankenship surmnarized the background data on this item as contained in the City Engineer's January 13th memorandum. Moved by Edgar, seconded by Saltarelli, that the proposal of E. L. Pearson and Associates for mapping service for the Pros- pect-Beneta Park site, in the amount of $2,770 to be paid from $10,000 budgeted for design of the park, be approved. Carried unanimously. 3. APPROVAL OF PRELIMINARY PLANS ON THE LIBRARY Mr. Blankenship gave the background, including a suggestion to reduce the service road in the rear or eliminate it entirely, to permit locating the library further to the west. In response to Council's questions, Mr. Blankenship indicated that the Community Development Director has recommended the sethack from the property line be not less than ten feet, and it is felt that 15 feet would be a better distance. If the service road is eliminated entirely, the library's 12 employee parking stalls would be accessible only from the 3d Street entrance, which would be the only access for delivery trucks to ~the library as well. Councilman Edgar commented that the value of the service road appears to be limited from an engineering standpoint, and emer- gency response will not be hindered and the site will be enhanced by eliminating the road and moving the building west. Moved by Langley, seconded by Welsh, that the preliminary plans and elevations be approved, that the block wall and landscaped area be substituted for the service road, that the building site be authorized to be moved to the west, that all exterior materials match the City development completely, and that the architect be complimented for his outstandinq effort in main- taining a consistent architectural vocabulary. Mr. Blankenship agreed to convey the Council's remarks ~o the architect. Above motion carried unanimously. 4. CHANGE IN FLOOR MATERIAL--COMMUNITY BUILDING Moved by Welsh, seconded by Edgar that a 30' by 40' vinyl floor section be substituted for carpeting in the Community Building, as recommended. In reply to Councilman 'Saltarelli, Mr. Blankenship indicated that the architects had their sound engineer go through the building and they said it would not affect acoustics in the building. City Council Minutes 1/20/75 Page 7 Mr. Don BierT, Parks and Recreation Director, stated that the 30' by 40' size seems to fit best with the size of the building and with some table arrangements which had been figured in advance. Above motion carried by 4-1 vote, Councilman Saltarelli voting no. i 5. REQUEST FOR TIME EXTENSION--STEWART CONSTRUCTION COMPANY Moved by Saltarelli, seconded by Sharp that the request for th~ ll6-day extension of the J..A. Stewart contract be approved and that the contract retention be reduced to 5%. Carried unani- mously. 6. AGREEMENT--SANTA ANA RIVER FLOOD PROTECTION AGENCY Mr. Rourke presented tothe Council copies of the agreement and recommended that the Mayor and City Clerk by authorized to sign it.= In reply to Councilman Saltarelli, Mr. Rourke stated that the participation is on a year-t0~year basis, and the City can with- draw if it doesn't wish to participate in the next year's budget. The City is liable only for the amount it agreed to contribute initially, and if the agency exceeds its budget the City would not be obligated over and above the amount committed. Moved bySaltarelli, seconded by Edgar, that the Mayor and City Clerk be authorized to execute the agreement for participation in the Santa Ana River Flood Protection A~ency, with the provision that the City is not obligated for funds beyond the agreed-upon annual entitlement. Carried unanimously. XII. OTHER BUSINESS 1. STATUS REPORT ON MATTERS OF COUNCIL INTEREST --Community Development Department 2. APPLICATION FOR $100,000 COUNTY REVENUE SHARING FUNDS TO DEVELOP PROSPECT-BENETA PARK --Parks and Recreation DireCtor 3.CAPITAL IMPROVEMENT PROJECT SCHEDULING --City Engineer 4. BRYAN AVENUE WIDENING, COUNTY AREA --City Engineer Mayor Langley acknowledged each of the above reports and thanked the department heads involved. 5. C.E.T.A. MANPOWER GRANT, TITLE VI Status report; no action required. 6. SAND VOLLEYBALL COURT INSTALLATION AT CENTENNIAL PARK Councilman Saltarelli Stated that it appears that there is no good location in Centennial Park for the sand volleyball court, and was doubtful about how much use such a facility would receive. He recor~nended against any further consideration of the matter. 7. NEW COMMUNITY BUILDING FURNITURE AND EQUIPMENT NEEDS Mr. Biery presented his recommendations on purchase of folding and stacking chairs and tables, and provided sample chairs at various prices for the Councii's perusal. City Council Minutes 1/20/75 Page 8 Moved by Edgar, seconded by Saltarelli, that staff be authorized to purchase 24 stacking chairs at $26.00 each~ 276 folding plastic chairs at $9.30 each, and 28 eight-foot folding tables at $52.00 each. On a suggestion from Mr. Raymond Kemp, 436 West Sixth Street, Tustin, Mr. Biery agreed to contact a firm in Tustin which deals in this type of equipment, to-check their prices before preparing the purchase order. Above motion carried unanimously- 8. MAGNOLIA TREE PARK PLAY EQUIPMENT Moved bySaltarelli, seconded by Welsh, that $1200 be expended for wood play equipment in Magnolia Tree Park as part of a pro- gram to replace the existing metal equipment, which is to be relocated to other parks within the City; and that Gordon Silkwood, President of the Peppertree Homeowners Association, be advised of this action. In consideration of Councilman Edgar's concern that the Parks and ReCreation Coramission be given the opportunity to make rec- on~nendations on this matter, Councilman Saltarelli, with Goancil- man Welsh's concurrence, incorporatedwithin the above motion a provision for Parks and Recreation COmmission review of which play equipment should be replaced first and where it should be relocated. Motion as amended carried unanimously. 9. MID-YEAR FINANCIAL POSITION Mayor Langley thanked Mr. Blankenship for the financial report and continued reports on status of various item. 10. POLICE MATTERS Police Chief Kelly advised the COuncil that a grant application for a tape logger is still alive, and that he expected more def- inite word on it during the coming week. Chief Kelly. also reported that Community Liaison Officer James Hein would be receiving a certificate of commendation from the Attorney General for outstanding service to the community in support of law enforcement and crime prevention. Mayor Langley expressed the Coancil's congratulations, and stated that it is well known that Mr. Hein is outstanding in his field. Mayor Langley also commended the Tustin Police Department and assisting agencies for their teara~ork and professionalism during a suspected burglary which occurred on the previous weekend. 11. SCREENING, PINE TREE PARK Councilman Welsh inquired as to the status of planting shrubbery for screening between Pine Tree Parkandadjacent residences. Mr. West, Maintenance Superintendent, indicated that the staff has encountered a problem due to the location of the irrigation line along the wall, which lies exactly where the trees were to be planted. A resolution of the problem is being sought. City Council Minutes 1/20/75 Page 9 12. PERFORMANCE REVIEWS FOR COMMISSIONERS Councilman Edgar suggested that each of the Commissions agendize the matter of a performance report for their members, based on attendance, participation in community events, attainment of some type of learning, etc., in order to provide the Council a better basis for making decisions when Commission members are up for reappointment. 13. OPERATING PROCEDURES FOR COMMUNITY BUILDING In reply to a question from the Council, Mr. Biery reported that the Parks and Recreation Commission has reviewed a draft of the proposed policy for use of the Community Building, and it is expected to be finalized at the next Commission meeting. It should be ready before the dedication of the building. 14. COMMENDATION OF MARY HERNANDEZ Councilman Edgar stated that Mary Hernandez of the Parks and Rec- reation CommisSion has been named President of the California Association of Parks and Recreation Directors and Commissioners, and he requested appropriate Council commendation for presentation to her. 15. TIME CAPSULE Moved by Edgar, seconded by Saltarelli, that the existence of tb~ Time Capsule Committee headed by Howard Pinkstaff be acknowledged, and that the gift from Saddleback Chapel of a container for the material be accepted. Carried unanimously. 16. TENNIS COURT PROPOSALS Councilman Sharp asked that the staff investigate and report to the Council on the feasibility of allowing members of the private sector to construct and manage approximatelyl0 tennis courts on City-owned or -leased property at Prospect and Beneta. Mr. Fleagle responded that a proposal has been submitted to his office for a private recreational facility to include tennis courts, but on private land. Mayor Langley requested that staff explore both proposals and report to the Council. 17. MAYOR LANGLEY'S RESIGNATION Mayor Langley read a letter stating that he would resign from the Council effective January 31, 1975, in order to devote more attention to his business affairs, and thanking fellow Council- men, staff, and community members for their assistance to him in his political life. XIII. ADJOURNMENT Mayor Langley adjourned the meeting at 10:49 p.m. to an Executive Session, and then to the next regular meeting of February 3, 1975. ~,,,~C~T~ CLERK