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HomeMy WebLinkAboutCC MINUTES 1974 10 07 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL October 7, 1974 CALL TO ORDER The meeting was called to order by Mayor Langley at 7:30 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Welsh. III. INVOCATION Given by Councilman Edgar. IV. ROLL CALL Present: Councilmen: Langley, 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 C. Poe V. PUBLIC HEARINGS NONE. PRESENTATION Mayor Langley presented to representatives of the Tustin area 4-H Club a proclamation designating the week of October 6 through 12, 1974, as "4-H Week in~T~stin". VI. PUBLIC ~"~ CONCERNS 1. BAHA'IS OF TUSTIN Mr. Frederick North, 16282 Main Street, Tustin, representing the Spiritual Assembly of the Baha'is of Tustin, presented to the Council."The Proclamation of Baha'U'Llah", and related pamphletS; and Norma Quick, secretary of the Tustin Assembly, recited a "Prayer for America". 2. RELOCATION ASSISTANCE, WILHELM PICH Mr. Anton Dumhart, Attorney, 13920 Beach Boulevard, Westminster, representing Wilhelm Pich, inquired as to the status of Mr. Pich's claim for relocation assistance benefits. Mr. Dumhart was advised that the Council was in receipt of the City Attorney's latest memorandum on the matter, which would be discussed during an executive session of the Council Iater in the evening. 3. JEFF ROSS, RE: VACANT LOT Mr. Jeff Ross, 12362 Browning, Santa Aria, inquired about the cohdition of a vacant lot on Browning near La Colina in the unincorporated County area. Mr. ROss was advised to contac~ Supervisor Ralph Clark, as the property is outside of the City's jurisdiction. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of September 16, 1974, meeting. 2. RATIFICATION OF DEMANDS in the amount of $454,809.52. 3. EXTENSION OF LEASE WITH STATE OF CALIFORNIA FOR UTT PARK SITE - Nisson and Pasadena. ApproVal as recommended by staff. City Council Minutes 10/7/74 Page 2 4. RESOLUTION NO. 74-72 A Resolution DECLARING THAT PROCEEDINGS HAVE BEEN INI- TIATED BY THE CITY COUNCIL OF THE CITY OF TUSTIN TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HERE- IN, AND DESIGNATED AS "SAN JUAN-ORANGE ANNEXATION NO. 87" TO THE CITY OF TUSTIN AND GIVING NOTICE OF THE PROPOSED ANNEXATION. 5. RESOLUTION NO. 74-73 A Resolution of the City Council, City of Tustin, Calif- ornia, FINDING AND DETERMINING THAT PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF REAL PROPERTY AT 145 WEST FIRST STREET, TUSTIN, CALIFORNIA 6. RESOLUTION NO. 74-74 A Resolution of the City Council of the City of Tustin, California, DESIGNATING PLACEMENT OF CERTAIN STOP SIGNS. 7. RESOLUTION NO. 74-75 A Resolution of the City Council of the City of Tustin, California, SETTING FEES FOR THE ISSUANCE OF BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL PERMITS. 8. RESOLUTION NO. 74-76 A Resolution of the City Council of the City of Tustin, California, URGING RESCISSION OF THE PARKING MANAGEMENT REGULATIONS OF THE ENVIRONMENTAL PROTECTION AGENCY. 9. FINAL TRACT MAP NO. 8030 - U.S. DEVELOPMENT CORPORATION Subject tract is located on the most northeasterly portion of the development site, bordering the proposed Jamboree off-ramp from the Santa Ana Freeway. Approval as recommended by Planning Commission Resolution No. 1397. 10. TWO-HOUR PARKING RESTRICTION - FIRST STREET Approval Of two-hour parking restriction on north side of First Street between Tustin Avenue and the westerly City limits as recommended by staff. 11. DENIAL OF CLAIM OF RALPH YBARRA Denial of application to present late claim and rejection of proposed claim as recommended by the City Attorney. 12. NARCOTICS INDEX OFFICE AGREEMENT Approval of Agreement with City of Santa Ana as recon~nended and budgeted. Mr. Gill and Mr. Rourke briefly replied to Councilman Edgar's questions about item #5 relative to sale of property at 145 West First, and Councilman Saltarelli then requested that items 5, 7, 9 and 11 be removed from the Consent Calendar for separate dis- cussion. Moved by Saltarelli, seconded by Sharp that items 1, 2, 3, 4, 6, 8, 10 and 12 of the Consent Calendar be approved. Carried unanimously. City Council Minutes 10/7/74 Page 3 5. RESOLUTION NO. 74-73 Councilman Saltarelli indicated that he did not approve of the method of sale of the property, preferring sale for cash to the highest bidder as being in the best interests of the taxpayers. Mr. Rourke explained that the Resolution merely notes that this Offer has been received, sets the hearing date, and invites other persons to submit offers; at the hearing, the Council could decide which offer to accept, if any. Mr. Saltarelli felt that the terms of sale should stipulate that the City is offering property for sale for cash; if there are no cash offers, other terms could then be entertained. He was also concerned with Paragraph g, "That the public interest, convenience and necessity require that the property be sold to Carl L. Wood for the aforesaid sum". Councilman Welsh shared this concern. Mr. Rourkestated that under provisions of the Resolution, the City is not obligated to sell to Mr. Wood or to anyone else. In reply to Councilman Edgar, he recommended a thirty-day interval before the hearing. MOved by Edgar, seconded by Welsh that Resolution No. 74-73 be adopted as presented, with November 4, 1974, inserted as the hearing date. Replying to Councilman Saltarelli, Mr. Rourke said that there would be no problem with eliminating Paragraph g. Councilmen Edgar and Welsh agreed to amendment of the motion to provide for deletion of Paragraph 6 from the Resolution. Above motion, as amended, carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. 7. RESOLUTION NO. 74-75 In response to Councilman Saltarelli's questions about what sector of the community would be most affected by the increased building permit fees, Mr. Gill referred him to the list of pre- sent and proposed fees in the Council packets. Councilman Sharp felt that since these fees are to offset the cost of plan check and inspections, then any decision to increase the fees should be deferred pending a report on the improved pro- cedures for these services which the Council has requested. Moved by Saltarelli, seconded by Sharp that Resolution No. 74-75 be continued. Carried unanimously. (See item 7, page 9). 9. FINAL TRACT MAP 8030 Following reply to Council questions about the developer's inter- est in the possibility of changing some previously approved tracts from townhouses to patio homes, it was moved by Saltarelli, seconded by Sharp that Final Tract Map No. 8030 be approved as recommended. Carried unanimously. 11. DENIAL OF CLAIM OF RALPH YBARRA This matter was deferred for discussion during executive session. (See page 7). City Council Minutes 10/7/74 Page 4 VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 638 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO PROVIDE FOR MEMBERS AND ALTERNATE MEMBERS OF THE LICENSE AND PERMIT BOARD. Moved by Edgar, seconded by Saltarelli that Ordinance No. 638 have second reading by title only. Carried unanimously. The secretary read Ordinance No. ~38 by title. Moved by Edgar, seconded by Welsh that Ordinance No. 638 be adopted. Councilman Saltarelli expressed his opposition t0 this Ordin- ance, questioning the wisdom of allowing the License and Permit Board members to designate their own alternates. He preferred giving the authority to name alternates to just one Board member. Councilman Sharp agreed. Mr. Rourke related to the Council that all proceedings of the License and Permit Board are informal and that all decisions are referrable to the City Council on appeal. Above motion carried. Ayes: Langley, Edgar, Welsh. Noes: Saltarelii, Sharp. Absent: none. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 639 An Ordinance of the City of Tustin, California, AMENDING THE 1973 UNIFORM FIPa CODE AND THE 1974 SUPPLEMENT THERETO OF THE CITY OF TUSTIN, CALIFORNIA. Moved by Edgar, seconded by Welsh that Ordinance No. 639 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 639 by title. Moved by Welsh, seconded by Edgar that Ordinance No. 639 be introduced. Councilman Saltarelli stated that the Ordinance addresses the concerns the Council had about fireworks, but refers only to public parks or playgrounds; he asked whether "all public prop- erty" reference, not included, would mean streets also. Mr. Rourke confirmed that it would. Above motion carried. Ayes: Langley, Sharp, Edgar, Welsh, Saltarelli. Noes: none. Absent: none. Moved by Edgar~ seconded by Welsh that Ordinance No. 639 have second reading by title only. Carried unanimously, The secretary read Ordinance No. 639 by title. Moved by Welsh, seconded by Edgar that Ordinance 639 be adopted as an urgency measure. Carried. Ayes: Langley, Sharp, Edgar, SaltarelIi, Welsh. Noes: none. Absent: none. City Council Minutes 10/7/74 Page 5 NEW BUSINESS 1. TENTATIVE TRACT NO. 8490 - K & W DEVELOPMENT CORPORATION Subject site is a 9.93-acre parcel parallel to the New- port Freeway, bounded on the north by Fairhaven and to the south by Santa Clara. Mr. Fleagle explained that an EIR submitted in conjunction with Tentative Tract Map 8490, with adverse impacts of the project noted, was certified by the Planning Commission and the City Council, an action which did not constitute approval of the project itself. As the California Environmental Protection Act requires that mitigating reasons be established for approval of a project having adverse environmental consequences, the Plan- ning Commission reviewed various maps submitted since June 1974, all intended to mitigate against the impact of a tract of smaller lots located next to a freeway and adjoining an E-4 development, with limited access, and circulation, noise and air pollution prob- lems. The Commission presented three alternatives to the appli- cant and expressed a preference for the one providing for major access to the tract from Rainier, a possibility which the devel- oper has determined is unfeasible. The developer is now submit- ting to the Council two design alternatives, both having an adverse effect on the neighborhood and on the project itself, and so determined by the Planning Con~nission to be unacceptable. Responding to Councilman Edgar's inquiry about the City's posi- tion in approving or denying a tract which includes lot 6 on Ethelbee Way, Mr. Fleagle stated that the Council could not approve a subdivision map for an area (lot 6) outside the City's jurisdiction, but would have the alternative of first annexing lot 6 into the City, or approving the map subject to approval of the Board of Supervisors for the area within the County. It would be the developer's responsibility to guarantee his access or title to the lot before proceeding with the development. Mr. Fleagle replied to Councilman Welsh's question about street frontage adjacent to the freeway for sound attenuation purposes, stating that such was contained in two of the three Commission alternatives; and then provided Council with copies of plans of designs 1 and 2 under consideration. Councilman Saltarelli indicated that his personal observations did not support the serious traffic and parking situation on Ethelbee represented in a photograph submitted to staff by area residents, and stated that either design would be satisfactory to him based on the appearance and success of other "freeway remnant" developments in nearby areas. Councilman Edgar. Opposed development with lot 6, feeling that traffic constriction on Ethelbee is excessive. He favored access to Ethelbee from the south, but not with development of properties adjacent to the freeway, because of the sound attenu- ation value of the distance afforded by a street along the free- way, with 32 lots rather than 41. Councilman Welsh agreed, adding that development with right-of-way parallel to the freeway would also increase lot size, making the neighborhood more com- patible with the surrounding area. Mr. Glenn Newbrander, 13271 Ethelbee (lot 5), stated that a County traffic couht substantiated the traffic estimates of the builder, and cited the hazard to school children having to walk to a bus stop on Santa Clara on the west side of the freeway bridge, and other problems. As proposed in a petition presented to the Council in August, he and his neighbors preferred access to Ethelbee from the southerly end of the tract, rather than from lot 6. Mr. Jerry Klein, K & W Development, 111 East Third Street, San Dimas, presented to the Council a small map denoting 2~he County City Council Minutes 10/7/74 Page 6 Traffic Engineer's traffic counts of early September and a design of the intersection of Ethelbee, Santa Clara and "B". He explained that development on only one side of the street is not economically feasible. Moved by Edgar, seconded by Welsh that Tentative Tract Map 8490 be approved with access from the south, with attenuation of the street adjoining the freeway the entire length of the tract, with approximately 32 lots, and subject to staff's recommendations to the Planning Commission; and that the staff be directed to work with the builder on this approach. In response to Mayor Langley, Mr. Fleagle stated that this plan makes deep lots, but the depth of the lots gives some sound bar- rier, making the rear yards usable within sound tolerance levels recommended by the County Health Department. He was concerned with the length of the cul-de-sac with only one access, and with conditioning that to emergency access to the north at Fairhaven within the City of Orange subject to the approval of the City of Orange, where there is already a staff recommendation (the Fire Chief's) against it. Councilman Saltarelli didn't think the long cul-de-sac was that undesirable or that long thin lots were as environmentally pleas- ing, not only because of the view from the homes, but because of the inability of the narrow frontages to gracefully accommodate the depth of the lots. Mayor Langley doubted the efficacy of the stree~ adjoining the freeway actually buffering noise, and stated that houses along the freeway would be a more effective buffer. Replying ~o Council questions, Mr. Klein stated that the EIR was on the basis of a 43-1ot tract, with homes built along the freeway, and sound volumes at the rear of the lots were accept- able. A tract of 30 or 31 homes is economically unfeasible. Replying to Councilman Sharp, Mr. Fleagle explained that, recog- nizing that this is a problem property, emergency and pedestrian access onto Fairhaven at the north of the tract would be a mini- mal design solution acceptable for public health and safety as far as the City of Tustin is concerned, although the Orange Fire Chief doesn't agree. Above motion failed by roll call vote. Ayes: Edgar, Welsh. Noes: Langley, Sharp, Saltarelli. Absent: none. Moved by Saltarelli, seconded by Sharp that a project along the lines of design ~1, incorporating the desires of the Ethelbee residents such as an en~rFa~ from the south, be approved sub- jec~ to the general conditions of the staff regarding emergency access, etc. Councilman Sharp asked that the contractor do everything possible to assure minimum inconvenience from construction noise and dust to adjacent residents. With the consent of Mr. Saltarelli and Mr. Sharp, Mayor Langley asked that the motion incorporate the requirement that the intersection meet the standards and requirements of the City Traffic Engineer. Motion, as amended, carried by roll call vote. Ayes: Langley, Sharp, Saltarelli. Noes: Edgar, Welsh. Absent: none. City Council Minutes 10/7/74 Page 7 2. APPOINTMENT OF REPRESENTATIVE TO THE ORANGE COUNTY HEALTH PLANNING COUNCIL'S ASSEMBLY OF DELEGATES Moved by Welsh, seconded by Saltarelli, that the appointment of Arthur J. Holub to the Orange County Health Planning Council Assembly Of Delegates be confirmed. Carried unanimously. ADJOURNMENT The meeting was adjourned at 9:10 p.m. to an Executive Session. CALL TO ORDER The meeting reconvened at 10:45 p.m. CONSENT CALENDAR 11. DENIAL OF CLAIM OF RALPH YBARRA (Continued from earlier Denial Of application to present late claim and in the rejection of proposed claim as recommended by the meeting) City Attorney. Moved by Sharp, seconded by Edgar that, as the City does not appear to be responsible for any injury to the claimant, and there being no good cause to permit him leave to file a late claim, the request of Ralph Ybarra be denied. Carried unanimously. OTHER BUSINESS 1. CLAIM OF WILHELM PICH (Taken out of order) Moved b~ Saltarelli, seconded by Langley that the application of Wilhelm Pich for relocation assistance benefits be denied. Carried unanimously. ~.. XI. ~ OLD BUSINESS 1. AWARD OF BID - RECONSTRUCTION OF IRVINE BOULEVARD FROM "B" STREET TO PROSPECT Bids opened on September 27, 1974 were as follows: R. J. Noble Co. of Orange ....... $64,108.18 Mark Co. of Santa Ana ......... 64,936.08 Sully-Miller Co. of Orange .... 67,057.70 Hardy & Harper of Tustin ....... 70,222.84 Orville E. Henderson of Santa Ana. . .70,444.70 Saddleback Grading & Paving of Tustin ............... 74,371.05 E. L. White Co. of Orange ..... 81,087.85 Moved by Sharp, seconded by Saltarelli that the contract for reconstruction of Irvine Boulevard from "B" Street to Prospect be awarded to the low bidder, R. J. Noble Co. of Orange, in the amount of $64,108.18. Carried unanimously. 2. APPOINTMENT OF TRAFFIC COMMISSION MEMBERS Moved by Sharp, seconded by Welsh that Marco Gupton, Ronald E. Oster III, and Julian J. Iorio be appointed to the Traffic Com- mission for terms expiring on December 31, 1975, and Steve Sawin and John J. Roach for terms expiring December 31, 1976; all appointments effective immediately. Carried unanimously. The Council then directed that letters of confirmation, with copies of Ordinance No. 632 creating the Traffic Commission, be sent to the appointees; that the third or fourth TUesday of the month be designated as regular meeting night; that letters of appreciation be sent to the two unsuccessful candidates (James Kinder and Irma Eckiss), inviting their applications for the TNT Conunittee; that compensation for Traffic Commissioners and Chairman equal that of Parks and Recreation Commissioners and Chairman; and that compensation for meetings also be extended to staff members serving as Commission members. City Council Minutes 10/7/74 Page 8 Later in the meeting, the Council scheduled an initial workshop with the Traffic Conunission on Monday, October 21, at 6:00 p.m., in the Council Chambers, prior to the regularly scheduled meet- ing on that date. XII. OTHER BUSINESS 1. CLAIM OF WILHELM PICH (See page 7.) 2. MITCHELL AVENUE IMPROVEMENTS Moved by Edgar, seconded by Saltarelli that the reconstruction of a portion of pavement on the south side of Mitchell Avenue, from 355 feet easterly of Utt Drive to 330 feet westerly of Utt Drive, be authorized for inclusion within the trunk sewer installation contract of the Orange County Sanitation District 7. Carried unanimously. 3. GROUP HEALTH INSURANCE RATE INCREASE Mr. Gill summarized the ASsistant City Administrator's October 4th memorandum concerning rate increases on group health insurance coverage from the City's carrier, Pacific Mutual, effective on November 1. Increases based on claims experience and increases in hospital room rates and other inflated costs will raise the existing rates of $20.27 per employee and $35.40 for dependents to $29.97 and $44.13, Eespectively. The Council deferred a decision on the matter until the next regular meeting, with the consensus being that more competitive plans be explored, and discussions be held with the PoliCe and Fire Associations, if they desire, in the interim. 4. LEAGUE OF CITIES CONFERENCE In discussion of arrangements for attendance at the Annual League of Cities Conference in Los Angeles, October 21-23, it was determined that Councilmen Edgar, Saltarelti and Welsh would be attending and that they should be pre-registered for the Conference if possible, but no room reservations would be necessary. Council considered attendance by two interested Planning Commissioners to be appropriate; and it was announced that staff members probably would not attend due to the City Center move. 5. PROPOSITION A - TRANSIT Commenting on the need for public transit due to population expansion in Orange County, Councilman Edgar moved, seconded by Councilman Sharp, that the Council support the concept of rapid transit as related to the proposed sales tax increase to finance it. Council generally acknowledged the need for public transit, but expressed concern about whether the system would be properly man- aged and controlled. A suggestion was heard from Mr. Bill Moses of the Tustin News that they not take a position without inviting dialogue with the Chamber of Commerce and other levels of the community. Councilman Sharp questioned the propriety of the Council as a group taking positions on things like this, preferring that it be done on an individual basis. Councilman Edgar withdrew the above motion. It was the consensus of the Council not to take a position con- cerning proposition A on the November ballot. Cit~ Council Minutes 10/7/74 Page 9 6. NEWSPAPER RECYCLING The Council deferred a decision on phasing out the Project T.R.E.E.S., the City's newspaper collection and recycling program, pending presentation by staff of figures on costs and returns of the program. 7. BUILDING INSPECTION PROCEDURES Referring to Consent Calendar item #7, Resolution No. 74-75, Mr. Gill referred to a report recently submitted to the Council concerning the Lebanoff project, in which new building regula- tion procedures were outlined; these procedures are to be incorporated as an Administrative Regulation. Mr. Gill inquired as to whether the ~oUncil desired a further report. The Council requested that additional copies of the report be sent to them. 8. REAL ESTATE SIGNS IN PUBLIC RIGHT-OF-WAY Councilman Saltarel~! ~eques~ed that the matt~rof.,placement of real estate signs be agendized for discussion at the next meeting, as related to definition of public right-of-way, easements, etc. 9. PROCLAMATIONS The Council directed that staff prepare proclamations commending Der Wienerschnitzel for the design of their new facility on First Street; and editors of the "Tustinian" for the service which they have provided the community. The Mayor requested that the Planning Commission be apprised of the Council's commendation of Der Wienerschnitzel, and that they work out some method of officially recognizing outstanding pro- jects in the City. Mr. Fleagle suggested reactivation of the Chamber Beautification Awards; he would take this up with the Planning Commission. 10. CITY CENTER CHANGE ORDERS Councilman Saltarelli requested a listing of all City Hall and Police facility change orders since the start of construction. 11. BICENTENNIAL COMMITTEE "TUSTIN BOOKLET" After some discussion, it was the consensus of the Council that the City would offer to sell copies of a booklet about Tustin being produced by the Tustin U. S. Bicentennial Committee, at the retail price, with all proceeds being turned over to the Committee. 12. A.B. 2262 - LICENSING OF NURSERY SCHOOLS The Council authorized the Mayor to direct a letter opposing application of Assembly Bill 2262 licensing fees to non-profit church-related nursery !schools with copy to the Intergovernmental Coordinating Council. 13. DOWNTOWN CAPITAL IMPROVEMENTS Councilman Edgar proposed a three-year sub-set to the long range capital improvement program to accomplish engineering-related improvements in the downtown area which might serve to encourage development; and distributed copies of a proposed plan. Mayor Langley requested that input from area property owners be included in any such considerations. City Council Minutes 10/7/74 Page 10 14. LETTER OF APPRECIATION Mayor Langley directed, with Council consent, that a letter of appreciation be sent to publishers of New World magazine, for coverage of development in the Tustin area. XIII. I ADJOURNMENT The meeting was adjourned at 11:55 p.m. to a workshop with the ' Traffic Commission on October 21, 1974, at 6:00 p.m., and then to a regular meeting at 7:30 p.m. MAYOR bIT. y_CLERK