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HomeMy WebLinkAboutCC MINUTES 1974 09 03 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL September 3, 1974 CALL TO ORDER The Mayor called the meeting to order at 7:30 p.m. II. PLEDGE OF ~'~ ALLEGIANCE Led by Councilm~ Sharp. III. INVOCATION Given by Councilman Welsh. IV. ROLL CALL Present: Councilmen: Langley, Sharp, Edgar, Saltarelli, Welsh. .Absent: Councilmen: None. Others present: Harry E. Gill, City Administrator R. - Kenneth Fleagle, Asst. City Administrator for Community Development James Rourke, City Attorney Ruth Poe, City Clerk V. PUBLIC HEARINGS 1. PARK LAND DEDICATION FEES An amendment to Ordinance No. 157 (the Zoning Ordinance) to require the dedication of park land and/or payment of fees as a condition of the approval of a subdivision map or parcel map. Mr. Fleagle related that the Planning Conmlission, following dis- cussion on June 24 and a public hearing on August 12, 1974, had unanimously reco~unended Council approval of an amendment to the Zoning Ordinance to provide for dedication of park land or pay- ment of fees to the City to acquire park land and recreational facilities, as a condition of approval of a subdivision or par- cel map. This would be in conformance with the State law requir- ing adoption of ordinances to implement the Open Space Element of the General Plan. In reply to Councilman Saltarelli's question, Mr. Fleagle stated that condominium conversions are exempted from park land dedi- cation requirements in the Subdivision Map Act. The Mayor opened the public portion of the hearing at 7:33 p.m. There being no comments or objections, the public hearing was closed. Again replying to a question from Councilman Saltarelli, relative to condominium conversions, Mr. Fleagle explained that the Council had adopted an ordinance applying excise fees to condominiums, which were previously exempt. These fees are fairly equivalent to the park land dedication fees. ORDINANCE NO. 635 An Ordinance of the City Council of the City of Tustin ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR PARK AND RECREA- TIONAL LAND IN SUBDIVISIONS. Moved by Sharp, seconded by Edgar that Ordinance No. 635 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 635 by title. Moved by Sharp, seconded bl~ Edgar that Ordinance No. 635 be intro- duced. Carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. City Council Minutes 9/3/74 . Page two VI. PUBLIC CONCERNS 1. MARIE HICKMAN, RE: TUSTIN BOOTH AT ORANGE COUNTY FAIR Miss Marie Hickman, Manager of the Tustin Chamber of Commerce, announced that the Tustin booth had taken second place at the Orange County Fair, presented a booklet on what ~s displayed " in the Tustin booth, and thanked the City staff for their help. 2. MR. CHARLES S. DYER, RE: COMMENDATION OF CITY COUNCIL AND STAFF Mr. Charles S. Dyer, Administrator Of Tustin Community Hospital and Secretary of the Chamber of Commerce, read and presented to the Council a Resolution of the Board of Directors of the Chamber co~nending the City Council and admfnistrative staff "for their tireless efforts, industry, and persistence in pro- grams of improvement and beautification", particularly on First Street and Irvine Boulevard. Mayor Langley accepted the Resolution on behalf of the City Council, and expressed thanks to the Chamber. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of August 19, 1974, meeting. 2. RATIFICATION OF DEMANDS in the amount of $521,790.17. 3. PARTICIPATION IN COUNTY EMERGENCY PLAN Participation in County 911 Emergency Plan wi~h Police : Department designated as answering point. Approval as recommended by staff. 4. RESOLUTION NO. 74-68 A Resolution of the City Council of the City of Tustin AUTHORIZING THE CITY TO EXECUTE A CONTRACT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR PARTICIPA- TION IN THE ANANDONEDVEHICLE ABATEMENT PROGRAM DURING THE 1974-75 FISCAL YEAR. 5. ICC - RESOLUTION SERVICE Authorization for the City Clerk to forward any resolu- tion of County, State or national significance to the ICC as recommended. 6. EXONERATION OF IMPROVEMENT BONDS - TRACT 4587 (TREEHAVEN) Acceptance of public improvements and exoneration of pertinent bonds as recommended by the City Engineer. Moved b~ Sharp, seconded by Edgar that all items on the Con- sent Calendar be approved. Carried, Mayor Langley and Council- ~_~ man Welsh abstaining on approval Of minutes. Councilman Saltarelli requested that a copy of the action taken on the Plan B 911 Emergency Planbe forwarded to the Intergovern- mental Coordinating Council. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 631 An Ordinance of the City of Tustin, California, AMENDING CHAPTER 21 OF THE TUSTIN CITY CODE RELATIVE TO THE REGULA- TION OF TAXICABS. City Council Minutes 9/3/74 Page three 2. ORDINANCE NO. 632 / An Ordinance of the City of Tustin, California, CREATING AND PROVIDING FOR A TRAFFIC COMMISSION. 3. ORDINANCE NO. 633 An Ordinance of the City of Tustin REGULATING BURGLARY AND ROBBERY ALAP~ SYSTEMS AND REQUIRING A PERMIT THEREFOR. Moved by Saltarelli, seconded by Welsh, that Ordinances 631, 632 and 63'3 have second reading by title only. Carried unani- mously ~' ~ The secretary read Ordinances 631, 632 and 633 by title. Moved by Edgar, seconded by Welsh that Ordinances 631, 632 and 633 be adopted. · Mr. Rourke replied to Councilman Saltarelli~s inquiries about insurance coverage for taxicabs by stating that no-fault insur- ance has many forms, but provisions of this ordinance relative to liability coverage would probably have to be reviewed and pos- sibly modified in the event that no-fault insurance is enacted. The above motion to adopt.Ordinances 631, 632 and 633 carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none, Absent: ~ none. IX. , · ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 636 An Ordinance of the City of Tustin, California, ENDING THE TUSTIN CITY CODE RELATIVE TO BUILDING REGULATIONS, AND ADOPTING THE 1973 UNIFORM BUILDING CODE, 1973 UNIFORM MECHANICAL CODE AND 1973 UNIFORM PLUMBING CODE. 2, ORDINANCE NO. 637 An Ordinance of the City of Tustin, California, ADOPTING A UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES, AND ADOPTING THE 1973 UNIFORM FIRE CODE AND 1974 SUPPLEMENT THERETO. Moved by Sharp, seconded by Edgar that Ordinances 636 and 637 have first reading by title only. Carried unanimously. The secretary read Ordinances 636 and 637 by title. Moved by Sharp~ seconded by Edgar that Ordinances 636 and 637 be introduced. Fire Marshal Tom Crockatt responded to Councilman Saltarelli's comments about the need for smoke detectors in new construction and residences. Mr. Fleagle replied to Councilman Sharp by stating that the City has implemented State provision on providing facilities for the handicapped, by requiring these facilities on plan approval. Following brief Council discussion about problems created by fireworks, staff was requested to prepare a report on other City Council Minutes 9/3/74 Page four Orange County cities' actions to limit or prohibit them. Mr. Gill suggested that this might be a good topic for discus- sion by the=ICC; the Fire Chiefs in the County are opposed to fireworks, but a block of eleemosynary groups make a profit on their sales. Fireworks cause a policing problem and cause fires and injuries. Fir. Edgar favored making the laws on fireworks more stringent, but not completely outlawing them. Above motion to introduce Ordinances 636 and 637 carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. X. NEW BUSINESS 1. PRECISE PLAN REVISION REQUEST FOR USE PERMIT 73-17 The applicant desires to revise the amenities and facil- ities that are to be provided in the open space-recreation area of the 47-unit apartment complex that is located on the west Side of Browning, approximately 250 feet south of Nisson Road, Mr. Fleagle gave thebackground<of Ithis matter as reflected in staff reports, and advised that the Planning Commission had reviewed and approved the plans as revised. Councilman Saltarelli stated the revisions were not acceptable to him, explaining that one of the bases on which the massive structures had been approved was that there would be the impress- tion of open space. Replying to Councilman Welsh, Mr. Fleagte confirmed that the recreational area would be exactly the same size as in the previous design. Councilman Edgar felt that the most significant issue was that the original plans provided for an attractive view from Brown- ing, and said that the proposed fence is ugly from the stand- point of open space. Councilmen Welsh and Sharp agreed. CounCilman Sharp added that it had been hoped that when the property on the other side developed, it would duplicate the quality of this development; the proposed revisions would can- cel all that out. Following further brief discussion, it was moved by Welsh, sec- onded by Edgar, that the Council reverse the findings of the Planning Cormnission and the request for precise plan revision for UP 73-17 be denied. Carried unanimously. 2. AWARD OF BID - CITY CENTER LANDSCAPING The Council was presented a report enumerating bids opened at 11:00 a.m. on that day, which were as follows: .? Deductive Alternate Contractor Base Bid Total 5 Star Landscaping, Inc., Stanton $44,273.00 $14,785.00 Valley Crest Land- scaping, S.A. 47,457.00 12,480.00 Roy C. Barnett, Riverside 47,700.00 13,000.00 City Council Minutes 9/3/74 Page five Flora Landscape, Inc., Duarte $51,460.00 $13,516.00 J & R Sprinkler Co. Van Nuys 55,669.00 10,765.00 Sharecroppers, Inc. Orange 55,748.00 11,550.00 Kawai Bros., Buena Park 57,200.00 7,500.00 Mr. Gill recommended award t0 the low bidder, 5 Star Landscaping of Stanton, in the amount of $44,273. Mr. Gill replied to Council questions regarding stubbing out for future library and community building; the County's con- tribution to the landscaping costs ($15,000, based on $1.00 per square foot of building space, aS stated in Ithe Library Lease Agreement); the area covered by this contract, etc. He explained further that the County has not yet employed an architect for the library, and it may be two months before they do so; the library will take five to eight months to design and eighteen months to construct. Councilman Saltarelli stated he did not consider this to be a favorable bid, despite inflation, protesting the cost of land- scaping three-fOurths of the complex being 7% of the total cost of construction. FolloWing discussion, it was moved by Edgar, seconded by Welsh, that the contract for the City Center landscaping be awarded to the low bidder, 5 Star Landscaping of Stanton, in the amount of $44,273.00. Mr. Gill explained that the landscape architect estimates that there is $26,000 worth of hardware in this project. It would require quite a bit of time to use City forces to do the job, and the Maintenance Department, with the size of their staff, doesn't have the capability to take on the job. Above motion carried, Councilman Saltaretli voting no. 3. IRVINE BOULEVARD RECONSTRUCTION RESOLUTION NO. 74-69 A Resolution Of the City Council Of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION OF IRVINE BOULEVARD FROM "B" STREET TO PROSPECT AVENUE AND DIRECTING THE CITY CLERK TO ADVER- TISE FOR BIDS. Mr. Gill described Irvine Boulevard as the most critical street in the City of Tustin, as it has failed badly since its construc- tion in the County in 1962, due to problems with the subsoil compaction and the substructure of the street. If it were to be improved during this fiscal year, the $10,000 budgeted for patching work could be saved. He recommended moving ahead with reconstruction during the current year, before the rainy season. Moved by Saltarelli, seconded by Edgar, that Resolution No. 74-69 be read by title only. Carried unanimously. The secretary read Resolution Nol 74-69 by title. Moved by Edgar, seconded by Welsh, that Resolution No. 74-69 be adopted. Carried. Ayes: Langley, Sharp, Edgar, Saltarelli, Welsh. Noes: none. Absent: none. City Council Minutes 9/3/74 Page six XI. OLD BUSINESS 1. AMENDMENT TO SECTION 5.16, ORDINANCE NO. 157-- SWIMMING POOL SETBACKS (Continued from 8~5/74) Mr. Fleagle recounted two previous discussions of this matter before the Council and Planning Commission. Councilman Edgar recommended that the Zoning Ordinance be modified to permit a five-foot sethack, but with an "escape clause" for those having justification for a smaller sethack. Councilman Sharp disagreed, stating that the planning ordinances contain provisions for variances; provisions for a course out- side the normal variance procedures would make'the code difficult to enforce. He supported retention of the fivesfoot setback requirement. Councilman Saltarelli also favored, something precise, one way or the other. Moved by Sharp, seconded by Welsh, that no actionbe taken and that emergency Ordinance No. 622,~e permitted to expire. Councilman Saltarelli stated that the three-foot sethack is a justifiable limitation and gives more flexibility. Councilman Edgar agreed. Above motion carried by 3-2 vote, Councilmen Edgar and saltarelli voting no~ XII. OTHER BUSINESS 1. APPOINTMENT OF MEMBER TO PARKS AND RECREATION COMMISSION Councilmen .welsh and Edgar presented their recommendation that Mr. Robert E. C. Burris and Mr. William E. Hamilton be appointed ~o the Parks and Recreation Commission. Mr. Edgar recommended that letters be directed to those appli- cants not selected, indicating that their presentations before the interview committee were well received, and inviting their interest in being interviewed for the Traffic Commission. Councilman Sharp agreed, and requested that unsuccessful candi- dates for the Planning Con~mission also be contacted about the Traffic Commission. By unanimous consent of the Council, Mr. Robert E. C. Burris and Mr. William E. Hamilton were appointed to the Parks and Recreation Commission, as recommended, for terms expiring on December 31, 1975, and December 31, 19U4, respectively. 2. TUSTIN TILLER DAYS Mr. Flea~le. recapped the License and Permit Board meeting held earlier that day, relative to the Tustin Jaycees' application for the Tustin Tiller Days Parade permit, including Police and Fire Departments' concerns about the proposed parade route. The matter of the parade route was referred to staff and will be coming back before the Board; and approval was given for the carnival location at Larwin Square. To Mayor Langley's concerns about inconvenience to residents in the proposed staging areas (Pacific, Myrtle, Second and Third Streets), Mr. Fleagle explained.that the intended staging activ- ities should be publicized in advance by the newspapers. City Council Minutes 9/3/74 Page seven 3. ORANGE COUNTY INTELLIGENCE UNIT Chief Kelly briefly replied to Councilman Saltarelli's questions about the Orange County Intelligence Unit, by stating that the Police Chiefs' Association is very concerned about the unit's new designation, "Orange County Criminal Activities System", and is seeking legal advice from the State Attorney General's office as to protection under the Government Code to keep all informa- tion privileged and confidential andlnot a matter of public record. 4. LIBRARY Councilman Saltarelli*recommended that the Boardof Supervisors be' contacted about the City's disappointment with lack of pro- gress on the Tustin Branch Library. Mayor Langley was also concerned about the experience in Cypress in which ~e Board of Supervisors at thelast minute put a stop to the project after it had gone out to bid. Fir. Gill explained that under the Lease Agreement with the County, they must proceed on a timely schedule, and if the contract is not awarded and the facility not built, the property reverts to the City and the lease isnull and void. Councilman Saltarelli requested that the matter be pursued and the County be kept moving in the right direction. 5. SIRENS Councilman Saltarelli stated that he had received some complaints about indiscriminate use of ambulance sirens on Irvine Boulevard in the middle of the night. It was felt that with the small amount of traffic during the night, it was not necessary to use the sirens on every call. 6. TRANSPORTATION COMMITTEE Councilman Sharp announced that he had been appointed to a large committee to work with the Board Of Supervisors regarding trans- portation, including corridor plans, and said he would protect the City's interests to the extent possible. 7. TRAFFIC COMMISSION INTERVIEWS Councilmen Sharp and Welsh agreed to be the interview committee for Traffic Commission applicants, and Monday, September 23 (starting at about 3:00 p.m.) was selected as the date to con- duct theinterviews. Staff was aSkedto direct letters to applicants for other Com- missions, and the Tustin News was requested to publicize the positions, with letters of application to be directed to the Council. After some discussion, it was decided that applications would be accepted only from City residents. Councilman Sharp expressed the hope that the City's Traffic Commission would have a good working relationship with the Orange County TrafficCormmittee and surro-undingcity agencies. 8. FIRE RATING Councilman Edgar cited the increased insurance rates to residents because of Tustin's low fire rating, and recommended that the City do whatever is necessary to obtain a change in the rating. City Council Minutes 9/3/74 Page eight Mr. Gill e~plained that, due to upgraded changes in the Fire Department, the Insurance Services OffiCe has scheduled an inspection on September 9 by its engineers for a possible re- rating. In past studies of fire insurance rates by the Fire Chief, it has been found that local agents have been writing insurance based on a fire rating of 4 or 5, although the fire rating for Tustin and the surrounding County area is actually 6. 9. BARRANCA STORM DRAIN In reply to a question, Mr. Ledendecker stated that the Barranca Storm Drain project has been subject to delays considered normal with Federal projects,.andadvised that the project should goout to bid in mid~November.= 10. GENERAL PLAN ELEMENTS Councilman Edgar inquired as to the statusof General Plan elements required by State law to be submitted during September, 1974. Mr. Fleagle advised that the Noise Elementisin its final stages and is ready for advertisement for a public hearing; it will be adopted during~September. 'The Seismic Element is in preparation and will be adopted by the end of the calendar year. A Growth Policy is being prepared for public hearing, with the first draft being completed this week. Mr. Fteagle went on to say that the deadline for these elements was September 15, but he has not been able to obtain an answer from the State about how delay by the City would be handled. 11. FIRST AND NEWPORT INTERSECTION Councilman Welsh requested a report on the effect of the double left turn lanes at Firsta~d Newport on traffic accident stat- istics. 12. CITY MAILOUTS Councilman~Welsh stated~thatan area within the City having a Santa Aria mailing address (Flint, Laurinda Way, and part of Prospect just south of Sanlta Clara) was not receiving regular City mailouts. LoisCarr, Member of the Park sand Recreation Commission, replied from the audience that Mr. Randall~!ofthe Recreation Department was already working on correcting the situation. 13. PEPPERTREE SITE LAND TRADE Councilman Welsh asked for an update on the status of the pro- posed land trade involving the Lower Peters Canyon Lake site and the Peppertree subdivision~sChooll site. Mr. Gill referred to a letter to him from the Irvine Company, dated August 20~ 1974, inwhich the Company would not approve the three-way arrangement proposed by the City; and to a letter from the Irvine Company, given to the City staff just prior to the Council meeting by Hans Vogel ofI~theSchool DistriCt. Mr. Fleagle replied to Councilman Welsh's question, by stating that apparently in a telephone conversation between the Irvine Company and the School District, reference was made to the Open Space Element of the General Plan. If the land were to be pro- posed fo~ residential development, the City of Tustin, under all normal processes, would be asked to respond. That response would City Council Minutes 9/3/74 Page nine mean nothing more than that the possibility of retention of open space would have to be investigated; it would not pre- vent development as the City has no jurisdiction over the area. In response to Councilman Saltarelli, Mr, Fleagle stated that the School District's response to the Irvine Company is that they cannot purchase the Peppertree school site without sale or exchange of the Lower Peters Canyon site, due to a penalty and $101,000 debt on it if they sell the site. Mr. Gill stated that the Irvine Company letter provided by Mr. Vogel discussed the fact that the School District should acquire the Peppertree site at the discounted price the Company is offering. 14. WINDSOR GARDENS APARTMENTS Mac. Fleagle related that a zone change application had been filed with the Planning Commission for conversion to condo- miniums of Windsor Gardens Apartments on Mitchell east of Red Hill. The Planning Com~aission recommended approval of the zone change by the City Council with the stipulation that the conversion be required to comply with the restrictions of the PD Zoning District, including 50% open space and a 2:1 park- ing ratio. The developer is aware of these requirements. 15. RED HILL/WALNUT INTERSECTION Mayor Langley, concerned with potential hazards to vehicular and pedestrian traffic, asked that the City Engineer investigate means of separating the pedestrian walkway from travel lanes on the east side of Red Hill just north of Walnut. XIII. ADJOURNMENT The meeting was adjourned at 9:13 p.m. to a joint workshop with the Planning Commission on September 16 at 6:00 p.m. in the Council Chambers. MAYOR