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HomeMy WebLinkAboutCC MINUTES 1974 12 02 MINUTES OF A REGUI~AR MEETING TUSTIN CITY COUNCIL December 2, 1974 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 Welsh. IV. ROLL CALL Present: Councilmen: Langley, Sharp, Edgar, Saltarelli, Welsh. Absent: Councilmen: None. Others present: Acting City Administrator Dan Blankenship Assistant City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V. PUBLIC HEARINGS 1. GROWTH POLICY FOR TUSTIN AREA On the recor~nendation of the Planning Commission, a public hearing to establish by Council action the pro- jected ultimate population within the Tustin Sphere of Influence. Mr. Fleagle reported that the Board of Supervisors on July 2, 1974, requested that each city determine the preferred policy of the governing body for its physical, social and economic growth and development. The Planning Corm~ission was furnished a Ibackground study on the legitimacy of growth policies and public hearings were held on the proposed growth policy for the Tustin area. Copies of the proposed policy have been furnished to adjoining cities, the Intergovernmental Coordinating Council, and the Foothill HomeOwners Association. Other Orange County cities have or are in the process of developing growth policies for the governmental jurisdiction. Mr. Fleagle related that the Intergovernmental Coordinating Councilhas distributed this growth policyto all cities in Orange County. Councilman Edgar questioned what was meant by the unincorporated area of central Tustin. Mr. Fleagle replied that it is the area south of Irvine Boulevard which has not yet been incorporated into Tustin. The public hearing was opened at 7:35 p.m. There being no com- ments for or against this matter, the public hearing was closed. Councilman Sharp questioned if any correspondence had been received from any other agencies. Mr. Fleagle responded that a letter of acknowledgement had been received from the Orange County Citizens Direction Finding Commission. Copies of the proposed growth policy have been furnished the members of the Intergovernmental Coordinating Council's Public Works and Plan- ning Committee, Foothill Homeowners Association, Irvine Company, and adjoining cities. Verbal comments have been received by the Community DevelopmentsDepartment but the only other written communication was from the League of California Cities. He further stated that the proposed policy is in conformance with the policies of the League Action Program. City Council Minutes 12/2/74 Page 2 Councilman Edgar related that he was pleased to see that this policy incorporated the Subject of annexations in the Tustin area and acknowledges the fact of how people are accommodated in the area. Councilman Sharp commented on the ability of cities to provide services to areas which are not incorporated. Mr. Fleagle stated that if a subdivision is built and not part of a city, it has the potential of having adverse effects on the City and County. Some counties will not issue building permits unless the City can provide the services. Councilman Sattarelli arrived at this point in the meeting (7:50 p.m.). Moved by Edgar, seconded by Sharp, to adopt the Tustin Area Growth Policy and direct staff to prepare the recommended implementing resolutions for Council consideration and adop- tion. Councilman Saltarelli commented that he felt this policy should be directed to the Board of Supervisors and the ICC. Council directed staff to prepare correspondence to the Board of Supervisors reiterating the recommendation of the ICC. The above motion was carried unanimously. VI. PUBLIC CONCERNS t. PRESENTATION OF PROCLAMATION TO LOU GERDING Mayor Langley presented ~o Mr. Lou Gerding a Proclamation signed by all members of the City Council, thanking him for his services and contributions to the City of Tustin. 2. T.N.T. COMMITTEE Mrs. Agnes Bacon voiced her concern about the T.N.T. Committee. Mayor Langley informed her that there is a report dealing with the T.N.T. Committee later in the agenda. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of November 18, 1974, meeting. 2. RATIFICATION OF DEMANDS in the amount of $405,522.52. 3. RESOLUTION NO. 74-94 A Resolution of the City Council of the City of Tustin, California, APPROVING AND ORDERING THE SALE OF SURPLUS PROPERTY AT 155 WEST FIRST STREET, TUSTIN, CALIFORNIA. 4. RESOLUTION NO. 74-95 A Resolution of the City Council of the City of Tustin, California, AMENDING COUNCIL POLICY NO. 90-2 RELATIVE TO DEADLINE FOR SUBMISSION OF ITEMS FOR THE CITY COUNCIL AGENDA. 5. RESOLUTION NO. 74-96 A Resolution of the City Council of the City of Tustin, California, APPOINTING DAN BLANKENSHIP ACTING CITY ADMINISTRATOR. City Council Minutes 12/2/74 Page 3 6. RESOLUTION NO. 74-97 A Resolution of the City Council of the City of Tustin, California, ADOPTING REVISED MAINTENANCE CLASSIFICATIONS AND SPECIFIED MIDDLE MANAGEMENT CLASSIFICATIONS. ~'-- 7. JAMBOREE ROAD IMPROVEMENT AGREEMENT i (Tentative Tract No. 8451) Authorization for execution of Agreement providing for the Irvine Industrial Complex to fully improve Jamboree Road between Walnut and Moulton Parkway as recon~nended by the City Engineer. 8. RESOLUTION NO. 74-98 A Resolution of the City Council of the City of Tustin, California, COMMENDING AND EXPRESSING APPPRECIATION TO HARRY E. GILL. In response to Mr. Edgar's question pertaining to Jamboree Road, Mr. Fleagle stated that Jamboree Road would have to be fully improved to provide access when the traffic counts are increased from the industrial development° In answer to Councilman Sharp's question on item no. 6, Mro Blankenship explained that these classification changes pertain only to age and education standards and will have no financial impact. Councilman Saltarelli questioned the compensation figure to be inserted in Resolution No. 74-96. Mayor Langley stated that this figure could be determined at a personnel session following tonight's meeting. Moved by Saltarelli, seconded by Sharp, that the Consent Calendar be approved with the change of item no. 6 resolution number from 74-96 to 74-97. Carried unanimously. VIII. ORDINANCES FOR ADOPTION NONE IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 640 An Ordinance of the City of Tustin, California, AMENDING ORDINANCE NO. 630 RELATIVE TO THE LICENSING AND REGULATION OF AMBULANCES. Moved by Saltarelli, so moved by Langley, that Ordinance NO. 640 be read by title. The secretary read Ordinance No. 640 by title. X. OLD BUSINESS NONE XI. NEW BUSINESS 1. REQUEST FROM J. A. STEWART CONSTRUCTION COMPANY REGARDING REDUCTION OF 10% RETENTION Movedby Welsh, seconded by Edgar, to continue request to Dec- ember 16th meeting for substantial completion of City Hall and Police building. City Council Minutes 12/2/74 Page 4 Councilman Saltaretli stated that he felt this request should be denied. After some discussion among the Council, Mr. Rourke advised that if it is continued this might be a lever to get the con- tractor to finish the building. Above motion failed by 2-3 vote. Ayes: Edgar, Welsh. Noes: Langley, Sharp~ Saltarelli. Absent: none. Moved by Saltarelli~ seconded by Sharp, to deny the request from J. A. Stewart Construction Company regarding reduction of 10% retention. Carried. Ayes: Langley, Sharp, Saltarelli. Noes: Edgar, Welsh. Absent: none. 2. CONSIDERATION OF NEWPORT AVENUE BICYCLE PATH Mr. Fteagle reported that the Planning Commission, with the endorsement of the Parks and Recreation Commission and at the request of Tustin High School PTO, recommends to the City Council that consideration be given to the design and construc- tion of a bicycle path on Newport Avenue between Irvine Boule- vard and McFadden in conjunction with the Newport Avenue street improvement project. If the Council is of the opinion that the proposal merits further consideration, the following pro- cesses arein order: a. Advertise and conduct public hearings on an amendment to the Specific Plan of Bikeways to include Newport Avenue from Irvine Boulevard to its southerly terminus. b. In the design phase thi's plan should be incorporated in the street improvement plans for Newport Avenue within the project limits, c.Application to the Harbor, Beaches and Parks Department of Orange County for total Or matching funding. Moved by Saltarelli, seconded by Welsh to authorize staff to advertise a public hearing for the purpose of amending the Specific Plan of Bikepaths to include Newport Avenue. Councilman Edgar questioned staff if it is relevant to con- sider the bike plan south of Laguna. Mr. Fteagle replied that the Planning Commission amendment would show the plan on the total length of Newport Avenue because the part that is in the County would be funded in whole by the County. Above motion carried unanimously. 3. ELIMINATION OF DRAINAGE PROBLEM AT THIRD STREET ENTRANCE TO CITY CENTER PARKING LOT. Mr. Rourke suggested that because of an error in the drainage plan, this matter be continued to the~D~cember 16th meeting. Moved by Saltarelli, secondedby Edgar, to continue this matter to the December 16th Council meeting. Carried unanimously. 4. PERIMETER SCREEN WALL, TRACT 8028 AND 8029 (LAURELWOOD) Mr. Fleagle advised that a le~te~ from Bruce J. McIver, U. S. Development Corporation, requesteda waiver from the requirement of a perimeter masonry wall along the railroad right-of-way boundary of Tracts 8028 and 8029. City Council Minutes 12/2/74 Page 5 Mr. Fleagle explained that a masonry wall was required by Ordinance No. 528. Other tract walls had been constructed in accordance with the plans that were submitted. In this instance, the wall plans were not followed and a wood fence with masonry pilasters was constructed~ It was his opinion that the masonry wall was a valid requirement for privacy, security, sound attenuation, and the future maintenance bur- den upon thehomeowners association. Mayor Langley commented that he thought that the Council had previously ordered a "stop work" notice to have the wall built accordingto the approved plans, Mr. F!eagle responded that the U. S. Development Corporation had posted a performance bond in the amount of $24,000 to guar- antee construction, of the walls. Mayor Langley questioned if the Zoning Ordinance requires walls between planned developments and single family uses. Mr. Fleagle responded that this Planned Community development is subject to the Criteria of"the district!anddevelopment standards of the use permit, which require a masonry wall.' Moved by Welsh, seconded by Edgar, to deny the request for a waiver of the masonry wall requirement and to uphold the pre- vious position requiring a masonry wall in accordance with the approved plans. Councilman Saltarelli commented that he believed that the $24,000 could be put to better use elsewhere on the project, such as additional park development and improvements, and that the fence=could be"reinforced to suffice. Above motion carried 4-1, Councilman Saltarelli voting no. 5. APPOINTMENT OF REPRESENTATIVE TO THE MOSQUITO ABATEMENT DISTRICT Mayor Langley informed the ~Councillthat he would have to resign from this District as of December 31, 1974, and his term runs to December 31, 1975. Moved by Langley, seconded by Edgar, that Ralph Welsh be appointed to serve on the Orange County Mosquito Abatement District for a term to expire December 31, 1975. Carried. XII. OTHER BUSINESS 1. MAYOR'S REPORT Mayor Langley offered his congratulations to Mr. Steve Sawin, Chairman Of the newly formed Traffic Commission. In response to Councilman Welsh's question, Mayor Langley stated that there would not be a delay and the library project is moving forward. 2. T.N.T. COMMITTEE ORGANIZATION Councilman Saltaretli commented that he felt the Council should provide funding, authorize staff time and some professional assistance when it is required, and provide beneficial guidelines. Mr. Rourke warned that the Councilwould have to limit monies and be very careful how they were used. Councilman Edgar~ stated that the Committee does need duplicating materials, etc., and staff time. Most of all they need to know the direction of where they are going. City Council Minutes 12/2/74 Page 6 ,Mayor ~La~gl-ey!suggested that Councilman Edgar present all the Council's concerns to the Committee and the Committee can then define their goals and objectives. After ~some discussion among' the~Council, Councilman Edgar stated that he would present all the concerns of the Council to the T.N.T. Committee and then come back to the Council with some specific recommendations and organizational form. 3. ORDINANCE 637 (FIRE CODE) In the past it haslb~en the'City policy to ~waive the cost of any permit fees for non-profit charitable, fraternal, patriotic, service, or religious organizations. Under this ordinance, permits can only be granted after the payment of the $25.00 inspection fee. Mr. Blankenship suggested that the Ordinance could be amended to waive the permit fees for these special organizations ."~ Councilman Saltarelli commented that he was against urgency ordinances and feels-this does not!warrant that action since the City is stillI! losing money because it ~costs the City $30.00 to $40.00 for the inspection and the fee charged is $25~00~ Councilman Edgar stated that he feels the Council should be favorably disposed to help the non-profit organizations. Moved by Edgar, seconded by Welsh, to adopt an urgency ordinance waiving the $25.00 permit fee. Councilman Sharp stated. that he felt it would be a danger to waive the fees because it could put a financial burden on the City. Above motion failed by 2-3 vote. Ayes: Edgar, Welsh. Noes: Langley, Sharp, Saltarelli. !: 4~ PERSONNEL POSITIONS Moved by Langley, seconded by Saltarelli, that appointments shall be made to vacant personnel positions only as shall be specifically approved by the City Council. Carried. Mr. Blankenship informed the Council that the Senior Account Clerk position which is vacant at this time had been advertised and applications were being reviewed. Moved by Edgar, seconded by Saltarelli, that the position of Senior Account Clerk be filled. Carried. : · 5. TELEPHONE SERVICE Council directed staff to correct minor adjustments in the telephone service as soon as possible. Councilman Saltarelli stated that he felt some of the phones needed more lines on them. 6. MARINE CORPS AIR STATION (HELICOPTER) Councilman Saltarelli stated that since the Marine Corps Air Station (Helicopter) is back in.~Our sphere of influence, the City should arrange a meeting with General Taylor, Commanding General of the E1 Toro Marine Corps Air Station- Mayor Langley directed the. staff to' arrange a meeting with Gen- eral Taylor regarding the Air Station. City Council Minutes 12/2/74 Page 7 7. EDISON COMPANY JOINT USE AGREEMENT Council directed staff to schedule the Edison Company's Joint Use Agreement on a future agenda. 8. PARKING IN FIRE LANES Mayor Langley discussed what he thought to be a serious problem of members of the public using shopping center fire lanes for parking. XIII. ADJOURNMENT The meeting adjourned at 9:22 p.m. to a Personnel Session immediately following, then to the next regularly scheduled meeting of December 16~ 1974, at 7:30 p.m. in the Council Chambers. MAYOR ITY CLERK