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HomeMy WebLinkAboutCC MINUTES 1974 08 05 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL August 5, 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 Saltarelli. IV. ROLL CALL Present: Councilmen: Langley, Edgar, Saltarelli, Welsh. Absent: Councilmen: Sharp. Others present~ Assistant City Administrator Dan Blankenship Assistant City Administrator for Community Development R. Kenneth Fleagle City Attorney James Rourke Deputy City Clerk Florence Kortmeyer V. PUBLIC HEARINGS 1. AMENDMENT TO SECTION 5.16, ORDINANCE NO. 157 - SWIMMING POOL SETBACKS A public hearing on the motion of the City Council for the determination of the required setback from property line for the location of swimming pools. Mr. Fteagle read an excerpt from the Zoning Ordinance providing for a five-foot minimum setback for swimming pools from side or rear lot lines, and the provision in an urgency Ordinance (No. 622) adopted on June 3, 1974, reducing that minimum standard to three feet. No testimony was offered during the June24th Plan- ning Commission public hearing, and that Body recommended to the City Council that the five-foot setback requirement remain in effect. On July 1, the Council directed that a public hearing be advertised on the issue, and that staff research the rationale for the five-foot standard. Mr. Fleagle stated that while the National Swimming Pool Institute had not responded to the City's inquiry, the Department of Housing and Urban Development had, and he explained their position. It appears that the five-foot minimum is an arbitrary standard, but both staff and Planning Cormnission consider it to be a reasonable one, and no change has been shown to be justified. He noted that the only request for a change in the Ordinance came as a request fdr relief after the requirement had been violated, and not as an approach first on the basis that~itwas unjust. Mayor Langley opened the public portion of the hearing at 7:35 p.m. There being no comments or objections, the public portion of the hearing was closed. Moved by Saltarelli, seconded by Edgar that amendment of Ordinance No. 157 relating to swimming pool sethacks be continued to a date when the full CoUncil is present. Carried unanimously, Councilman Sharp absent. VI. PUBLIC CONCERNS 1. ME. GLERN W. RICKETTS, RE: VFW DONATION F~. Glenn W. Ricketts, 13502 Eton Place, Santa Ana, representing the Veterans of FOreign Wars Hillview Post 9203, stated that sev- eral years ago the Council had approved the donation by the VFW of a flagpole for a future new civic center. The Post is now City Council Minutes 8/5/74 Page 2 prepared to go ahead with this, having in mind a pentagonal shaped base for the flagpole with each side containing the offi- cial emblem of one of the five branches of the armed services; and a plaque dedicating it to all veterans in the Tustin area. It was the consensus of the Council that the donation would be gratefully accepted. Mayor Langley invited Mr. Ricketts or his representative to attend a meeting to be held at City Hall the following day, August 6, relative to City Center matters. VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of July 15, 1974, meeting. 2. RATIFICATION OF DEMANDS in the amount of $76,059.97. 3. 1974 PARK BOND ACT Approval of the findings and recommendations of the Planning Commission as contained in Resolution No. 1398, and petition the Board of Supervisors to amend the priority plan for Tustin's expenditure of Park Bond funds. 4. RESOLUTION NO. 74-58 A Resolution of the City Council, City of Tustin, California, DESIGNATING THE CITY OF TUSTIN AS THE CITY OF TREES. Adoption of Resolution as requested by the !Council and drafted by the City Attorney. 5. CITY CENTER TELEPHONE SYSTEM Authorization for change of vendor for Civic Center tele- phone system to International Telephone and Telegraph, all as recommended by staff. 6. POLICE RADIO CONSOLE Award of bid to Motorola, Inc., as the lowest and best bidder in the sum of $12,547.00, all as recommended by Assistant City Administrator, Dan Blankenship. 7. AWARD OF CONTRACT - CITY CENTER COMMUNITY BUILDING Award of contract for construction of the City Center Com- munity Building to the second lowest bidder, Allison Honer and Company, in the amount of $242,287, as recommended by staff. Item No. 7, dealing with the City Center Community Building, was removed from the Consent Calendar for separate discussion. Moved by Saltarelli, seconded by Edgar that Items 1 through 6 of the Consent Calendar be approved. Carried unanimously, Councilman Sharp absent. Mr. Rourke replied to Fir. Saltarelli's questions about the possi- bility of the City acting as general contractor for the Co~nunity Building and subcontracting the project to a local contractor, by stating that this could not legally be done, and the alternatives are to award to the second lowest bidder or have the project rebid. Mayor Langley stated that bidding problems on this project have not been attributable to staff or legal counsel, but are simply errors by the bidders, as indicated in the staff report. He added that he knows Allison Honer to be an extremely reputable firm. City Council Minutes 8/5/74 Page 3 Moved by Saltarelli, seconded by Welsh that the contract for con- struction of the City Center Community Building be awarded to the second lowest bidder, Allison Honer and Company, in the amount of $242,287, as recommended by staff. Carried unanimously, Councilman Sharp absent. VIII. ORDINANCES FOR ADOPTION NONE. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 625 An Ordinance of the City of Tustin, California, REZONING CERTAIN SCHOOL AND PARK SITES FROM RESIDENTIAL AND UNCLAS- SIFIED DISTRICTS TO THE PUBLIC AND INSTITUTIONAL DISTRICTS, ON APPLICATION NUMBERS 74-2, 74-3, 74-4, 74-5, 74-6, 74-7, 74-9 and 74-10. ZC 74-2 - Property located at 1171 Laguna Road, known as Tustin High School. ZC 74-3 - Property located at 15571 Williams Street, known as Robert Heideman Elementary School. ZC 74-4 - Property located at 13601 Browning Avenue, known as C. E. Utt Intermediate School. ZC 74-5 - Property located at 1701 San Juan Street, known as San Juan Elementary School, ZC 74-6 - Property located at 14392 Browning Avenue, known as W. R. Nelson Elementary School. ZC 74-7 - Property located at 14741 North "B" Street, known as Helen Estock Elementary School. ZC 74-9 - Property located on the southeast corner of Prospect Avenue and Beneta Way, known as the future Prospect-Beneta Park. ZC 74-10- Property located at 1362 Mitchell Avenue, known as the Benjamin F. Beswick School. 2. ORDINANCE NO. 626 An Ordinance of the City of Tustin, California, REZONING PROPERTY FROM C-1-P "RETAIL (COMBINED PARKING)II DISTRICT TO THE R-3 "MULTIPLE FAMILY RESIDENTIAL":DISTRICT ON APPLICATION 2 NO. 74-8. ZC 74-8 - Property located at 15600 Williams Street. 3. ORDINANCE NO. 627 An Ordinance of the City of Tustin, California, PREZONING CERTAIN SCHOOL SITES FROM RESIDENTIAL DISTRICTS TO PUBLIC AND INSTITUTiONAL DISTRICTS, ON APPLICATION NUMBERS PZ 74-1 AND PZ 74-2. PZ 74-1 - Property located at 1151 San Juan Street, known as the C. C, Lambert Elementary School. PZ 74-2 -Property located at 17952 Beneta Way, known as the Columbus Tustin Intermediate School. City Council Minutes 8/5/74 Page 4 4. ORDINANCE NO. 628 An Ordinance of the City of Tustin, California, ENDING THE TUSTIN CITY CODE RELATIVE TO THE CONSTRUCTION AND ABANDONMENT OF WATER WELLS. 5. ORDINANCE NO. 629 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE BY ADOPTING GUIDELINES FOR IMPLEMENTA- TION OF THE GOVERNMENTAL CONFLICT OF INTEREST ACT. 6. ORDINANCE NO. 630 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE LICENSING AND REGULA- TION OF AMBULANCES. Following Mr. Fleagle's brief summary of the background of the listed Ordinances, it was moved by Edgar, seconded by Saltarelli that Ordinances, 625, 626, 627, 628, 629 and 630 have first read- ing by title only. Carried unanimously, Councilman Sharp absent. The secretazl; read Ordinances 625, 626, 627, 628, 629 and 630 by title. Mr. Rourke replied to the Council's questions by stating that Ordinance No. 629 essentially adopts additional material as auth- orized by the Conflict of Interest Act and is recon~nended by the League of Cities as clarification to facilitate compliance with the Act; and Ordinance No. 630 will provide a comprehensive system ~_~ of licensing and regulating ambulance companies, but will not preclude licensing of more than One ambulance company. Moved by Edgar, seconded by Welsh that Ordinances 625, 626, 627, 628, 629 and 630 be introduced. Carried. Ayes: Langley, Edgar, Saltarelli, Welsh. Noes: none. Absent: Sharp. X. NEW BUSINESS NONE. XI. OLD BUSINESS NONE. XII. OTHER BUSINESS 1. VARIOUS MATTERS--CITY ADMINISTRATOR a. CITY-SCHOOL DISTRICT JOINT CORPORATION yARD Councilman Edgar commented that the City should not be in a position of waiting for the School District to coop- erate on this proposal, while not denying the District an opportunity to cooperate. He requested that the City set the pattern in developing a plan of action. Councilman Saltarelli inquired as to whether a second leas- ~-- ibility study would be required for the City's own needs in the event that a cooperative project is not indicated by the joint study, and stated reluctance to even enter into a joint study unless the School DiStrict funded half the cost. Mr, Blankenship assured the Council that the staff will be moving this along and that details of concern to the Coun- cil will be discussed at the September meeting with the District. City Council Minutes 8/5/74 Page 5 b. EMPLOYEES' CHRISTMAS PARTY Moved by Edgar that the expenditure of $145.00 be approved to fund the band entertainment at the December 13th Emp- ptoyees' Christmas Party. Motiondiedfor lack of second. Following further discussion, it was moved by Saltarelli, seconded by Welsh~ that the City Councilmen each per- sonally contribute one-fifth the cost of the band. Carried Unanimously, CoUncilman Sharp absent. c. PETERS CANYON SITE PROPOSAL In reply to questioning, Mr. Fleagle described the subject location as a ten-acre site on the western boundary of lower Peters Canyon Lake, with access from the dead end of Lemon Heights Drive. In meeting of City staff with the Irvine Company and the School District, the District was enthusiastic, but the Irvine Company's tentative response was negative because of doubtful future residential devel- opments in the incorporated limits of Tustin. With nominal expenditure of funds the land could be used immediately as a day camp, target range, picnic grove, etc., and use could be restricted to Tustin residents only. Mr. Fleagle recommended that the Council meet wi~h the Irvine Company officials to attempt to justify the proposal in their eyes. The CoUncil expressed interest in touring the site and will contact the staff about this. d. CITY ADMINISTRATOR PRO TEMPORE !Moved by Edgar, seconded by Welsh that Dan Blankenship be appointed City Administrator Pro Tampore for the dura- tion of the City Administrator's absence. Carried unani- mously, CoUncilman Sharp absent. e. CONFLICT OF INTEREST WORKSHOP At the request of the City CoUncil, individual appointments with the City Attorney..were to be arranged for the Council- men at 45-minute intervals during an afternoon, to assist them in preparing disclosure of assets statements. f. RAILROAD TRACKAGE In reply to Mayor Langley's questions, Mr. Fleagle reported that he had received a verbal report from the Irvine Indus- trial Complex, to be confirmed by letter to the Council, that they have explored the possibility of the proposed exchange of trackage and have found it to be unfeasible. Representatives of Santa Fe Railway were to meet with City representatives on August 9, with their environmental engineer and sound attenuation studies to determine the distance of sound and sound measurements in the area. 2. NATIONAL FLOOD INSURANCE PROGRAM Mr. Blankenship summarized the findings contained in the City Engi- neer's July 23d memo on the National Flood Insurance Program. It was the consensus of the Council that the staff be directed to pursue the third alternative indicated in the report, to communicate to HUD the City's interest in determining our eligibility to partic- ipate in the program. 3. CITY MANAGER-POLICE CHIEF SEMINAR Police Chief Kelly repliedto Council's questions on the value of attendance at the City Manager-Police Chief Seminars, sponsored by the USC Center for Training and Development, for which POST has withdrawn funding. City Council Minutes 8/5/74 Page 6 Following brief discussion, it was moved by Edgar, seconded by Saltarelli, that funding be authorized for attendance by the City Administrator and PoliCe Chief at a City Manager-Police Chief Seminar in October or November~ 1974. Carried unanimously, Councilman Sharp absent. 4. ABANDONMENT OF SOUTHERN PACIFIC TUSTIN BRANCH LINE Council discussed the acquisition by the County of the Southern Pacific right-of-way from Tustin to Orange for the purpose of developing a bike trail. Councilman Edgar was concerned that this acquisition and development be accomplished with a coordinated understanding of what will be occurring in terms of the Newport Avenue street improvements. Mayor Langley stated that the County is aware of the City's con- cerns, and is now completing studies on bike trail implementation which will be furnished to the City~ 5. PACIFIC STREET, FIRST TO MAIN The City Engineer was commended for the thorough report dated August 2 on the speed, traffic volume, etc., on Pacific Street between First and Main Streets. Mr. Blankenship noted that the City Engineer was recommending a follow-up study in three to six months to determine the true impact of the First Street improve- ments on Pacific Street traffic conditions. 6. SAN JUAN-ORANGE ANNEXATION NO. 87 Moved by Edgar, seconded by Saltarelli that filing of the San Juan-Orange Annexation No. 87 and payment ofnecessary fees be authorized, and that a finding of negative declaration for envir- onmental impact report be made. Carried unanin~Dusly, Councilman Sharp absent. 7. COUNCIL/PLANNING COMMISSION WORKSHOP It was the consensus of the Council to approve the Planning Commission's request for a joint workshop with the Council at 6:00 p.m. on September 16, prior to the regularly scheduled Council meeting, to obtain City Council guidance and direction on certain items. 8. PARKS AND RECREATION DIRECTOR It was noted that the City would soon be losing the services of Parks and Recreation DireCtor Brent Marchetti, and that efforts at recruitment of his replacement were underway. Mr. Marchetti was commended for his service during the most fruitful and active period of growth in the Recreation Department, and the City Attorney was directed toprepare a Resolution in recognition of Mr. Marchetti's contributions to the City. 9. ICC: ORANGE COUNTY GROWTH POLICY ~DLth Council consent, COunCilman Saltarelli requested that staff contact the EXecutive Director of the Intergovernmental Coordinating Council of Orange County ~o determine the reason for the Board of Supervisors approving the minority report of the ICC Public Works and Planning Committee on a growth policy for Orange County, and that the reaction of other cities to the Board's decision be obtained. He recommended re-evaluation of Tustin's participation in a body intended to provide a forum for discussion with the Board of Super- visors, in view of the Board's apparent unresponsiveness to cities' input on issues affecting everyone in the County. City Council Minutes 8/5/74 Page 7 10. RESOLUTION NO. 74-59 A Resolution of the City Council of the City Of Tustin, California, EXPRESSING ITS SUPPORT OF AN ELECTION TO FILL THE VACANT FIFTH DISTRICT SEAT ON THE ORANGE COUNTY BOARD OF SUPERVISORS. Feeling that it was in the best interests of the electorate for the Council to support legislation calling for an election to fill the vacant Fifth District seat on the Board of Supervisors, it was moved by Edgar, seconded by Saltarelli, that a Resolution in support of the concept of an election be drafted. Carried. Upon completion of the Resolution by the City Attorney, it was moved by Ed~ar~ seconded by Welsh that Resolution No. 74-59 be read by title only. Carried unanimously, Councilman Sharp absent. The secretary read Resolution No. 74-59 by title. \ Moved by Welsh, seconded by Saltarelli that Resolution No. 74-59 be passed and adopted. Carried. Ayes: Langley, Edgar, Saltarelli, Welsh. Noes: none. Absent: Sharp. 11. ORANGE COUNTY TRANSIT DISTRICT Councilman Saltarelli suggested that if staff is satisfied with the Orange County Transit District's final proposal for this area, the Council express support for AB 3951, calling for an election to determine public willingness to finance such a system. Mr. Flea~le recalled that the Council was unwilling to endorse the plan presented to them by the Transit District representatives, by which the bus service would be only a feeder to a modal high- speed rail which would use the above-ground facilities of the "Santa Fe Railway right-of-way from Fourth Street in Santa Ana through the City of Tustin. Terminal location was a matter of concern. The Council's concerns were transmitted to the Transit District Board and the Technical Advisory Committee; however, their con- sultant did not consider proposals for alternatives. The primary thrust became the matter of linking OCTD'S routes with those of the Los Angeles Rapid Transit District. Mayor Langley reported having no recollection of ~he District even responding tothe City's concerns~ He thought that any communica- tion with the District should include the recon~nendation that they expedite some formal plan. Councilman Sattarelli stated that the Transit District is firming up a plan now, and requested that staff review it and advise the Council whether any positive impact on the Tustin community will result and whether any steps should be taken by the City. 12. TRAFFIC UPDATES REQUEST Councilman Saltarelli requested that staff continue to provide updates on the progress of the Red Hill Avenue traffic signal interconnect, and the status of the five priorities previously transmitted to the County ROad Department relative to traffic impact areas in the City. 13. PROPERTY AT RED HILL AND WALNUT In response to Mayor Langley's concern about the increasing traffic hazard, Mr. Fleagle recapped the history of the location and agreed to make further contact with the property owner at the northeast corner of Red Hill and Walnut about the possibility of acquisition of right-of-way to widen the roadway. City Council Minutes 8/5/74 Page 8 14. CASH FLOW REPORT Councilman Edgar commended Mr. Blankenship for the General Fund Cash Flow report, and in reply to a question was advised that a progress report of each of the capital projects will be submitted regularly in the manths ahead for the Council to follow the expen- diture of capital funds provided in the new budget. Mr. Edgar inquired as to the feasibility of borrowing from reserves this year for the complete IrvineIBoulevard reconstruction from "B" to Prospect (projected for 1975-76 at $71,000), and thereby spend less in ihter~st ~th~n!for the temporary maintenance slated for this year at $10,000.' Mr. Blankenship explained that the City cannot borrow beyond its fiscal year, so that sale of part of the City Hall property, as contained in thebudget,~ would have to beaccomplished by the end of the year to assure a General Fund reserve large enough to complete the Irvine Boulevard project~ 'In addition, several fac- tors will have to be monitored, including a new estimate from the State Division of HighWays o~ the amount of Gas Tax funds the City might receive this year, and other revenue sources. 15. NEWPORT AVENUE STREET IMPROVEMENTS Councilman Edgar expressed his pleasure with the improvements being accomplished by the' County~ at"Newport and Mitchell, and recommended that right-of-way develOpment'remaining to be done along Newport from the Santa Ana Freeway to Sycamore be maintained as a priority. In reply to a question, Mr. Ledendecker advised that an undeveloped stretch on the"easterly side Of'Newport within City limits would not be improvedin'conjunction with~Sanitation District work, but may be done shortly with a-private development. 16. COMMISSION OPENINGS Mr. Rourke reported that a draft ordinance ereating a City Traffic Commission had been reviewed by staff members and their comments returned tO him, and ameeting would be'held during the coming week to finatize it for presentation to the Council. Regarding openings on the Parks and Recreation Commission, it was announced that Councilmen Welsh and Edgar wouldinterview the can- didates, and the evening of Wednesday, August 21, 1974, was estab- lished as the date for the interviews. Staff was instructed to set up the interview schedule and contact the candidates. 17. TENNIS COURTS Mr. Blankenship was directed-to prepare a letter for the Mayor's signature to the Tustin Unified School District Board expressing the concern of the City Council and the community about needed additional tennis court facilities, and urging their reconsideration of a joint venture with the City to develop the tennis courts. 18. PROPERTY VALUE ASSESSMENTS Mayor Langley expressed concern about the County Assessor's announce- ment of an 18% ~o 25% increase in assessed valuation in the County, viewed in relation to the spiraling cost of living and its impact on the poor~ the elderly, and others on fixed incomes. He requested Council consideration of s resolution opposing the increase in prop- erty tax assessments, similar to that adopted by the Buena Park City Council, and reconUnended directing a response to Buena Park with copy to the County ASsessor. Mr. Blankenship explained that the County Assessor is in a diffi- cult position because he is obligated by State law to establish City!Council Minutes 8/5/74 Page 9 assessments at 25% of true market value, and market value keeps going up. The question is where to attack the problem of prop- erty taxes placing a burden on home ownership; he felt that there probably would have to be legislative decisions made as to tax reform or tax relief for some groups. 19. A.B. 86, QUESTIONNAIRE Mayor Langley referred to staff a questionnaire from Assemblyman Alatorre, requesting information on bilingual employees on the City payroll. 20. LICENSE AND PERMIT BOARD Mayor Langley requested information at a later date as to the func- tion and decisions of the License and Permit Board. XIII. ADJOURNMENT Moved by Saltarelli, seconded b7 Edgar, that the meeting be adjourned to an Executive Session and then to Monday, August 19, 1974. Carried unanimously, Councilman Sharp absent. (9:00 p.m.) CITY CLERK