Loading...
HomeMy WebLinkAboutCC MINUTES 1974 10 21 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL October 21, 1974 CALL TO ORDER The meeting was called to order at 7:30 p.m. by F~yor Langley. II. PLEDGE OF ~ ALLEGIANCE Led by Councilman Sharp. ! III. INVOCATION Given by Councilman Saltarelli. IV. ROLL CALL Present: Councilmen: L~ngley, Sharp, Edgar, Saltarelli, Welsh. Absent: Councilmen: None. Others present: City AdministratOr Harry Gill Asst. City Administrator for Community Development Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe PRESENTATION 1. PRESENTATION BY MR. DARYLE BAILEY OF ORANGE COUNTY WATER DISTRICT RELATIVE TO WATERSHED PLAN Mr. Daryle Bailey, Orange County Water District, made a presenta- tion concerning the Water Quality Control Plan Report recently prepared by the Regional Water Quality Control Board, Santa Ana Region, and asked the Counci!'s support for adoption of the Basin Plan in concept. Moved by Edgar, seconded by Saltarelli, that the Council support in concept the adoption of the Water Quality Control Plan for the Santa Ana River Basin as presented. Carried unanimously. (Resolution No. 74-83 was adopted later in the meeting. See page 6). V. PUBLIC HEARINGS NONE. VII. PUBLIC CONCERNS 1. MR. JERRY KLEIN, RE: TENTATIVE TRACT 8490 Mr. Jerry Klein of K & W Development Korporation, requested that Consent Calendar Item #5 be removed for discussion. VIII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of October 7, 1974, meeting. 2. RATIFICATION OF DEMANDS in amount of $226,589.30 3. RESOLUTION NO. 74-75 - Continued from 10/7/74. A Resolution of the Council of the City of Tustin, SETTING FEES FOR THE ISSUANCE OF BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMITS. 4. RESOLUTION N0. 74-77 A Resolution of the City Council of the City of Tustin, California, ENDORSING THE PROPOSED 100% FINANCING OF THE ORANGE COUNTY COUNTY MASTER PLAN OF ARTERIAL BIKEWAYS. 5. RESOLUTION NO. 74-78 A Resolution of the City Council of the City of Tustin APPROVING TENTATIVE TRACT MAP NO. 8490. City Council Minutes 10/21/74 Page 2 6. COMMUNITY IMPROVEMENT AND BEAUTIFICATION AWARDS ~ofurther actionby the City, due~tothe newly formed Chamber Beautification Committee awards. 7. RESOLUTION NO. 74-80 A Resolution of the City Council of the City of Tustin California, PROVIDING FOR THE ISSUANCE OF A NEGOTIABLE NOTE IN THE AMOUNT OF $350,000. 8. FINAL TRACT RAP NO. 8603 Bounded by the new Myford Road on the easterly City boundary. RESOLUTION NO. 74-81 A Resolution of the City Council of the City of Tustin, APPROVING FINAL TRACT MAP NO. 8603. Adoption as reconnnended by staff. 9. UTT-MITCHELL PARK STREET IMPROVEMENTS RESOLUTION NO. 74-82 A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION. Adoption ~as recommended by staff. 10. PIPELINE LICENSE AGREEMENTS WITH A.T. & S.F. RAILWAY CO. a. KOLL COMPANY DEVELOPMENT b. TRACT NO. 8033 - LAURELWOOD Approval as recommended. Councilman Saltarelli requested that items 2, 3, 5, and 7 be re- moved from the Consent Calendar for separate action. Moved by Edgar, seconded by Saltarelli, that items 1, 4, 6, 8, 9, and 10 of the Consent Calendar be approved. Carried unanimously. 2. RATIFICATION OF DEMANDS Moved by Saltarelli~ seconded by Sharp~ that Consent Calendar item #2, Ratification of Demands, be approved, and that in the future payments on the City Center (to the architect and con- tractor) come to the City Council for approval in advance. Carried unanimously. 3. RESOLUTION NO. 74-75 In reply to a question from Councilman Saltarelli, Mr. Rourke stated that he had written an opinion that week in response to an inquiry from the Community Development Director's office, advising that a general contractor could be issued electrical permits if he was the prime contractor On the job and if his work of the prime contract would require him to perform the work of two or msre specialties. If he is not the prime con- tractor, or if he is the prime contractor but is not performing two or more specialties, he could not be issued electrical per- mits. Electrical work is something that the Building Department wants done by people specifically very well qualified. Councilman Saltarelli agreed with that policy, but said it was not reflected in Resolution NO. 74-75. City Council Minutes 10/21/74 Page 3 Mr. Fleagte answered that this policy is spelled out in State law. Moved bySaltarel!i, seconded by Sharp that ReSolution No. 74-7~ be adopted. Councilman Sharp referred to Administrative Policy 30-107 on plan check procedures, and asked whether the fees in Resolution No. 74-75 would cover the costs of implementing that policy. Mr. Gill didn't feelthat the procedures should incur any sub- stantial additional cost, but it should be reviewed from time to time. Other departments will be assisting the inspectors within their own zones of responsibility, and the Building Department is self-sustaining with costs more than offset by fees. Above motion carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. 5. RESOLUTION NO. 74-78 Mr. Jerry Klein, K & W Development Korporation, 111 East 3d Street, San Dimas, questioned the City Engineer's berm height requirements which exceeded what was covered in the EIR. Mr. Fleagle explained that that question has been addressed in the Resolution as Mr. Klein had requested. Mr. Klein asked for confirmation that the City wants all the eucalyptus trees removed within the area, as specified in the Resolution, as some areheal~hyana.could be saved. Mr. Fleagle responded that a survey of trees in the City by the Maintenance Department resulted ina determinatio~ that. eucalyptus trees on the rear property lines (where rear yards adjoin) are inac- cessible and thereforepos~ a hazard. Fir. Klein objected to the requirement for installation of drain- age facilities to limit storm flow within the street to a maxi- mum distance of 1000 feet, explaining that it is customary to put in storm drains because of nuisance water. Mr. Klein said that this tract has 20 feet of flow from north to south and that to construct 1000 feet of storm drain to pick up nuisance water would be an expense~no~.benefi~ting everybody to the extent of the cost. Mr. Fleagle described the kinds ofproblems the City has experienced in areas constructed before this policy was adopted, and in reply to Councilmen's questions said that with a 20-foot drop and a cul- de-sac street, there would always be a wet curb. The tract is 2000 feet long, and 1000 feet of storm drain would be required at the lower end. Mr. Ledendecker, City Engineer, added that a 2% grade would be required to eliminate need for the storm drain, and this area has only a 1% grade. Moved bV Edgar, secondedby.Sharp that Resolution No~. 74-75 be adopte~,recognizing=thatthe Resolution has been modified to match the EIR, that eucalyptus trees are all to be removed, and that the concept of the drainage as presented is logical, Council requested that at the next meeting they be provided copies of all policiesandguide!ines on drainage. ~ ~ ~ ~ · Above motion carried by 4-1 vote. Ayes: Langley, Sharp, Edgar, Saltaretti. Noes: Welsh. Absent: none. City Council Minutes 10/21/74 Page 4 7. ACCEPTANCE OF PROPOSAL ON TEMPORARY BORROWING Mr. Blankenship responded to Council's questions on this matter. Moved by Edgar, seconded by Sharp that Resolution No. 74-80, Prov~a~ng for the Issuance of a Negotiable Note in the Amount of $350,000.00, be adopted. Carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. Councilman Edgar requested that cash flow information be pre- sented at the next meeting. VIII. ORDINANCES FOR ADOPTION NONE. IX. ORDINANCES FOR INTRODUCTION NONE. X. NEW BUSINESS 1. REQUEST FOR ABANDONMENT OF PEDESTRIAN EASEMENT (TRACT 7813) Request to abandon a 15' pedestrian easement along LOt 9 of Tract 7813 to serve the future school site. Councilman Sharp asked about the impact of abandoning this easement on traffic problems an the City and whether it would necessitate children crossing dangerous streets. Mr. Fleagle reported that he had asked the developer, on dis- covering that the easement is not accommodated by the lot, to show a plan by which the easement could be provided. The devel- oper has done so: the driveway would have to go across part of the easement but would have to be separated by a wall to protect the walkway. Mr. Fteagle felt that this was a design solution which would be safe. Moved. by Saltarelli th~at the~reviserd plan that would retain the easement be approved. Motion died for lack of second. Mr. Mike Jager, Frank B. Ayres and Son Construction, explained how the problem transpired, and said that if the Council desires retention of the easement, it could be put in as submitted in a working drawing to Mr. Fleagle. Mr. Welsh stated that he would prefer to vote in favor of retain- ing the easement, in the absence of supporting data on the School District's decision that it is not needed. Moved by Saltar~]]~, seconded by Edgar that A~res Construction be authorized to construct the pedestrian easement as presented in working drawings to staff, and that the City Attorney prepare appropriate documents (encroachment agreements) for Council perusal. Carried unanimously. 2. SIGN CODE REVIEW A review of the provisions of the Sign Ordinance (Ordinance No. 614) related to real estate signs located in parkways. Councilman Saltarelli stated that a method is needed by which local realtors are able to sign properties for short periods of City Council Minutes 10/21/74 Page 5 time with directional signs; this could be controlled so that visual pollution is not a factor. He reconunended referral of t/~e matter :to the Planning Commission with notification to the East Orange County Board of Realtors for advice on the matter. In response to Mayor Langley, Mr~ Fleagle stated that the Board of Realtors had reviewed these regulations during the Sign Code revision process, and had found objections to them; they formed a committee to find a solution for consideration by the City, but have never completed their report and come back in with a recom- mendation. Councilman Saltarelli also questioned about parkways owned and maintained by community associations, etc. He felt it unfair for new tracts to be able to put up banners and directional signs when realtors cannot do so. Moved by Saltarelli, seconded by Langley, that this matter be referred to the Planning Commission, and that input be sought from the East Orange County Board of Realtors. Carried unanimously. XI. OLD BUSINESS 1. GROUP HEALTH INSURANCE RATE INCREASE Mr. Blankenship replied to Council's questions about the City's broker of record~ City contacts with health management organiza- tions and involvement with National Prepaid Health Plan, etc. Mayor Langley asked whether there was any way these increases could be budgeted ahead, whether the.-program cohld be converted to run on the fiscal! year~ Mr. Blankenship replied that they could probably arrange to con- vert it, possibly to expire on June 1. Councilman Edgar stated that by the Couneil accepting the addi- tional obligation, most employees will have to pay an increase of $14.00: for dependent coverage. He recommended that some of the data from competitive organizations be presented in some way to the employees with an explanation that the increase was not un'der the City?s control and that alternatives have been explored. Mayor Langley added that employees should be aware that the sig- nificant factor in the increased rates is the increase of usage of the plan. Moved by Edgar, seconded b~ Welsh, that the City pay for the balance of this fiscal year the full cost of th.e employees' share ($29.97) of the plan with the effective level of coverage maintained, and that staff make a presentation of the situation to employees including the Mayor's comment. Carried by 4-0 vote. Ayes: Langley, Sharp, Edgar, Welsh. Noes: none. Abstained: Saltarelli. ~-~ RECESS The M~yori called a recess at 9:17 p,m. CALL TO ORDER The meeting reconvened at 9:31 p.m. XII. OTHER BUSINESS 1. HOLTHE DISPOSAL REQUEST FOR RATE INCREASE Moved by Sharp that this matter be continued to the next regular meeting to permit time =to study data presented that evening. Motion died for lack of second. City Council Minutes 10/21/74 Page 6 Ms. Maureen Holthe, Holthe Disposal!.Service, gave a rundown of the Company's increased costs, and requested consideration that evening especially on the extensionl of the contract. Councilmen expressed sympathy for the Holthes' position, but commented on the need to study-the facts presented and reaching an intelligent decision. Moved by~Sharp, seconded by Edgar-that this'matter be continued for two weeks, with data submitted to~the Council to be a joint report of the Holthes' and the City staff. Councilman Saltarelli inquired as to whether a business could elect to have bin service from someone else if the bin rates were adjustedby contractual arrangements. Mr. Rourke replied that under the present exclusive contract, the business would not be able to do so. He didn't know whether there had been any complaints of the bin rates being too high. Mr. Blankenship replied to Councilman Saltarelli's question about residential service by stating that prior to the time the City entered into the exclusive franchise, the charge was $1.10 per water meter to a total of 4000 meters, and $1.05 per water meter thereafter. Between the expiration of the contract and the time the City established the new procedure, there was a period of two months during which the charge was Sl.26 per meter. On award of the franchise, the basis went from water meters to actual resi- dential units served. Mayor Langley asked whether by comparison with the surrounding cities and evaluation of the cost of living figures, the Consumer Price Index is really an adequate criterion on which to base rates in this case. Mr. Blankenship replied that the CPI, LOng Beach/LOs Angeles Area, ~s the closest the,City can come Go a meaningful scale, although it is recognized that it doesn't"measure the same things that are of concern to the Holthes in their operation. Ms. Holthe requested that the City evaluate its own costs to main- tain City vehicles in the past year, predicting that they would find a 35-40% increase in the last year. Ms. Helen Holthe, HoltheDisposal, added that the Company will have to start charging people for pickup of everything over the 200-pound limit prescribed in the contract, which they have not done, and reminded that the Company. has to pay 2% back to the City on commercial service. Above motion carried unanimously. 2. PROJECT T.R.E.E.S. The City Council authorized continuation of Project T.R.E.E.S., with the City paying Holthe Disposal the actual cost of operating the program. 3. RESOLUTION NO. 74-83 A Resolution of the City Council of the City of Tustin ADOPTING IN CONCEPT THE WATER QUALITY CONTROL PLAN REPORT FOR THE SANTA ANA RIVER BASIN. At the request of the Mayor,. ~he secretary read Resolution No. 74-83 by title. City Council Minutes 10/21/74 Page 7 Moved by Saltarelli, seconded by Sharp, that further reading be waived and that Resolution No. 74-83 be adopted. Carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. 4. USE OF PART OF COMMUNITY BUILDING BY BICENTENNIAL COMMITTEE Moved by Welsh, seconded by Edgar, that the Tustin U. S. Bicenten- nial Committee be authorized use of the former Traffic Division office of the Civic Center Cormuunity Building on E1 Camino Real for office space and storage of artifacts. Mr. Rourke agreed to prepare the necessary "hold harmless" agree- ments. Above motion carried unanimously. 5. OVERTIME Mr. Gill replied to Councilman Welsh's question about implementa- tion of the Federal Fair Labor Standards Amendments, by stating that overtime is being eliminated wherever possible, although it is incurred in the Police and Fire Departments, and compensa- tory time is being taken off within the required timeframe. He didn't recommend new positions at this time to offset the small amount of overtime being worked. 6. T.N.T. COMMITTEE Councilman Edgar announced a meeting of the reactivated T.N.T. Conunittee scheduled for Tuesday, October 29, at 7:30 p.m., at State Mutual Savings on First Street. Former T.N.T. members and all interested persons are invited. 7. PASADENA-CARL ANNANNEXATION Mrs. Poe replied to Councilman Edgar's question about an election for the Pasadena-Carlann Annexation, stating that the election would be held in March 1975; a Resolution calling for the election will be on the next City Council agenda. 8. CORPORATION YARD Councilman Edgar expressed concern about the development of the corporation yard near Fire Station No. 2 on Red Hill, and the progress of cooperation with the School District. He suggested the use of the old City Hall buildings on the site as offices. Fir. Gill said that the City Hall building had been considered for the site but that the two old houses should be demolished. The staff is meeting with the School District staff and is coming to some conclusions, and will be coming back to the Council with recommendations. Councilman Saltarelli favored moving ahead independently of the School District. Mr. Gill anticipated that there should be a position on the feasi- bility of joint facilities within the next month or so. Once long- range needs of the City and District are determined, ~nd things progress beyond staff discussions, an architect can be hired to outline the concept and definition of the corporation yard for both School District and City; the District will start participating financially when money is to be expended for the architect. Councilman Edgar stated that he would like to see the corporation yard move from its present site early in the next fiscal year, City Council Minutes 10/21/74 Page 8 to enable development of the Prospect-Beneta Park. Councilman Sharp felt that it may not be to the City's overall advantage to go ahead with the District on a corporation yard, but to go ahead on its own and perhaps later the City could provide some services to the District and charge for them. Council requested that this matter be agendized for the November 18th Council meeting, and that the matter of traffic impact of a large number of school buses at that location, and that of unequal tax burden upon the City resident in funding the facilities, be addressed at that time. Councilman Saltarelli reco~anended building the smallest possible yard that will meet the City's specific needs, and pointed out that the City's and School District's services are not parallel. 9. BIDDING PROCESS The City Attorney was asked to research a State law which permits rejection of all bids on a project and contracting with a local contractor. 10. PROPERTY TAX IN UNINCORPORATED ISLANDS The City Attorney was asked to research a State law permitting a city to request the board of supervisors to levy a tax on unincorporated islands to equalize the tax rates. 11. PROSPECT-BENETA PARK Councilman Sattarelli suggested rejecting County funds as a source of financing and the City solely acquire the land for the Prospect-Beneta Park, and later ask the County to participate to a more sizable degree in the construction costs of the park. 12. LAFCO POLICY ON ANNEXATION TO SPECIAL DISTRICTS The staff was directed to prepare a letter for the Mayor's sig- nature expressing Council's support Of a policy of requiring annexation of property to a special district to be conditioned on annexation to the adjacent city if the property is contiguous to the city's boundaries. 13. ACQUISITION OF TUSTIN WATER WORKS Councilman Saltareili requested that the Council review the possibility of acquisition of the Tustin Water Works during executive session in the near future. 14. CITY CENTER DEDICATION Mayor Langley thanked the Chamber of Commerce Women's Division for their work in conjunction with the City Clerk in resolving the details of the October 26th City Center dedication festivities. It was moved, seconded, and duly carried that Raymond Kemp be given p~m~ ssion for electrical hookup from City facilities for f~lm~g of the Tustin Tiller Days Parade and City Center dedica- tion for Channel 3 (cable television). The entire City staff was comaended for the fine job they have done in the new City Center under tremendous hardships. City Council Minutes 10/21/74 Page 9 XIII. ADJOURNMENT The meeting adjourned at 10:45 p.m. to a workshop to discuss the design of the new Council Chambers, and then to Monday, November 4, 1974. MAYOR ITY CLERK