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HomeMy WebLinkAboutCC MINUTES 1974 05 20 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL May 20, 1974 CALL TO ORDER Mayor Langley called the meeting to order at 7:30 p.m. II. PLEDGE OF ALLEGIANCE Led by Councilman Saltaretli. III, INVOCATION Given by Councilman Edgar. IV. ROLL CALL Present: Councilmen: Langley, Edgar, Saltarelli, Sharp, Welsh. Absent: Councilmen: None. Others present: City Administrator Harry Gill Asst. City Admin.-Comm. Devel. Ken Fleagle City Attorney James Rourke City Clerk Ruth Poe V~ PUBLIC HEARINGS 1. CONSIDERATION OF AMENDMENTS TO MECHANICAL AND PLUMBING CODES RELATIVE TO LOCATIONS OF SWIMMING POOL HEATER VENTING SYSTEMS. TO permit the termination of swimming pool heater venting systems within four feet of property lines. Mr. Gill reviewed the written report to the Council and recommended that if Council decided to adopt the ordinance it could be done as an urgency ordinance to permit the present pools under construction to complete their installation. This would include the pools under construction in the Peppertree tract. The Mayor opened the public portion of the hearing at 7:40 p.m. Dennis Stachowitz, 2262 Silk Tree Drive, Tustin, expressed his feelings that he would like to see the ordinance passed as he was one of the property owners in Peppertree tract that was having trouble with the installation of his pool. There being no further comments or objections from the audience, the public portion of the hearing was closed at 8:05 p.m. ORDINANCE NO. 621 An Ordinance of the City of Tustin, California, AMENDING PROVISIONS OF THE MECHANICAL CODE AND THE PLUMBING CODE OF THE CITY OF TUSTIN TO PERMIT THE TERMINATION OF SWIMMING POOL HEATER VENTING SYSTEMS WITHIN FOUR FEET OF PROPERTY LINES. Moved by Edgar, seconded by Welsh that Ordinance No. 621 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 621 by title. MOved by Sharp, seconded by Saltarelli that Ordinance No. 621 be introduced. Carried. Ayes: Langley, Edgar, Saltarelli, Sharp, Welsh. Noes: none. Absent: none. Moved by Saltarelli, seconded by Welsh, that Ordinance No. 621 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 621 by title. Moved by Saltaretli, seconded by Sharp that Ordinance No. 621 be adopted. Carried. Ayes: Langley, Edgar, Saltarelli, Sharp, Welsh. Noes: none. Absent: none. City Council Minutes 5/20/74 Page 2 VI. PUBLIC CONCERNS 1. TAXICAB SERVICE--ILLEGAL ALIENS Jess J. Araujo, 1102 S. Cedar Street, Santa Ana, representing Centro D'Accion Social Autonomo, expressed the feelings that it is the policy of the Tustin Police Department to make a formal written directive to cab companies, telling them if they did not stop picking up illegal aliens, it would object to renewal of their licenses. He felt it was very difficult to tell if a person is an illegal alien simply by looking at them and objected to this policy. He requested a copy of the formalized policy of the City. Councilman Saltarelli agreed with Mr. Araujo in that the taxicab situation was a severe problem to many members of the community. He expressed his feelings that the taxicab service to illegal aliens was not the main contention, but rather that the taxi companies were charging rates that were stupendous in terms of services being rendered. He felt this was a disgrace and could not be tolerated. Councilman Saltarelli felt the matter of immigration service is beyond the capabilities of the City of Tustin to resolve. He advised that the City has been intouch with the Federal auth- orities and that he and members of the Council had discussed the problem with Mayor Perez of the City of Orange. They are all interested in seeing that these problems are handled equitably. Mr. Gill, in answer to Mr. Araujo's questions, advised that there were a number of cabs in the industrial area at 12:00 and 1:00 a.m., where there are no patrons for cab service. The City was concerned about the activities other than illegal aliens. The City is changed, under the License and Permit Board, to enforce the health, safety, and welfare of the public. ~nd one of the jurisdictions of this Board is the cab operatiQn and its overall package rates, who they are picking up, hours of operation, etc. He had made a review of the departmental policy that day with reference to the matter of illegal aliens and this policy will be issued shortly. The City wishes to attack this problem and does not wish to harass any person. Mr. Gill offered to meet with the representative of CASA and the Police Chief and go over this policy. 2. SWIMMING POOLS--FOOTAGE FROM PROPERTY LINES Tom LOng, 1404 N. Tustin Avenue, Santa Ana, expressed his feelings that the lot sizes in Tustin are getting smaller, that there is a problem with another section of the swimming pool code, and that the Building Department has been more or less winking at the code. He felt the time had come that the sethack regulations for the swimming pools would have to be settled. Rudolph Pelteriti, 13451 Cromwell Drive, Tustin, advised Council that he was under the initial impression that the sethack for his pool would be five feet and that the pool would be built to specifications. In answer to Councilman Saltarelli's questions, Mr. Rourke advised that in order to issue a variance a public hearing would be necessary. The Planning Commission, in granting a variance, has to make findings that there is a hardship having to do with the particular size, shape, or location of the subject property that makes this particular part of the ordinance more of a hard- ship on this piece of property than other properties in the same zone and neighborhood. The granting or denial of a variance is subject to an appeal to the City Council. City Council Minutes 5/20/74 Page 3 It was the decision of the City Council that Mr. Gill meet with Mr. Long the following day to see what could be resolved regarding the problems of Mr. Pelleriti's pool. Mr. Gill was also directed to check with all the cities in Orange County as to their regulations on footage for pool setbacks. ,~ VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES of May 6, 1974. 2. RATIFICATION OF DEMANDS in amount of $585,939.40. 3. RESOLUTION NO. 74-35 A ResOlution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF DEVELOPMENT IMPROVEMENTS AND I~ANDSCAPING OF THE UTT-MITCHELL PARK AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS. Adoption as recommended by the City Engineer. 4. RESOLUTION NO. 74-36 A Resolution of the City Council of the City of Tustin AFFIRMING THE TUSTIN AREA LAND USE ELEMENT OF THE GENERAL PLAN. Adoption as recommended by Community Development Director. 5. RESOLUTION NO. 74-37 A Resolution of the City Council of the City of Tustin FINDING CONFORMANCE OF THE BARRANCA STORM DRAIN EXTENSION WITH THE TUSTIN AREA GENERAL PLAN. Adoption as requested. 6. RESOLUTION NO. 74-38 A Resolution of the City of Tustin, California, ASSENTING TO THE ENFORCEMENT OF PUBLIC HEALTH LAWS WITHIN THE CITY OF TUSTIN BY THE HEALTH OFFICER OF THE COUNTY OF ORANGE. Adoption as requested by the County of Orange. 7. RESOLUTION NO. 74-39 A Resolution of the City Council, City of Tustin, Calif- ornia, PETITIONING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CANCEL TAXES. Adoption as prepared by the City Attorney. ""~ 8. RESOLUTION NO. 74-40 A Resolution of the City Council of the City of Tustin APPROVING FINAL TRACT MAP NO. 7721 (SIGNAL LANDMARK PROPERTIES ) Adoption as recommended by the Community Development Director. Location:Westerly side of Red Hii1 Avenue between Bell and Valencia Avenues. City Council Minutes 5/20/74 Page 4 9. RESOLUTION NO. 74-41 A Resolution of the City Council of the City of Tustin PETITIONING THE LOCAL AGENCY FORMATION COMMISSION FOR APPROVAL FOR A BOUNDARY REALIGNMENT WITH THE CITY OF IRVINE. AdOption as recommended by the Conununity Development Director. ~ Mr. Gill advised Councilman Edgar that the property in question under Resolution 74-39 was located at "C" and First Streets. This was acquired to widen First Street. Mr. Gilll~commented on Item 3 advising Council that there were three alternates built into the specifications of the Utt-Mitchell Park and recommended changing the wooden fort from being built into the basic job and adding it as a fourth alternate. Council pulled Item 3 off the Consent Calendar for further discussion later in the agenda~ Moved by Sharp, seconded b~x Saltarelli that all items on the Consent Calendar, with the exception of Item 3, be approved. Carried unanimously. VII!. ORDINANCES i ~ ! ! ! ~ ! ~i FOR ADOPTION 1. ORDINANCE NO. 619 An Ordinance Of the City Of Tustin, California, DECREASING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS. .~ Moved by Saltaretli, seconded by Sharp, that Ordinance No. 619 : ~ have second reading by title only. Carried unanimously. The secretary read Ordinance No. 619by title. Moved by Saltarelli, seconded by Sharp, that Ordinance NO. 619 be adopted. Carried. Ayes: Langley, Edgar, Sattarelli, Sharp, Welsh. Noes: none. Absent: none. 2. ORDINANCE NO. 620 An Ordinance of the City of Tustin, California, ESTABLISHING THROUGH STREETS AND STOP INTERSECTIONS. Moved by Edgar, seconded by Welsh, that Ordinance No. 620 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 620 by title. Moved by Sharp, seconded by Welsh, that Ordinance No. 620 be adopted. Carried. Ayes: Langley, Edgar, Saltarelli, Sharp, Welsh. Noes: none. Absent: none. ORDINANCES ~ FOR I INTRODUCTION NONE. X. OLD BUSINESS 1. CONSIDERATION OF PLANNING COMMISSION APPOINTMENTS Mayor Langley stated that Councilmen Edgar and Sharp had inter- viewed all applicants for the Planning Commission and asked for their report and recommendations. City Council Minutes 5/20/74 Page 5 Councilman Edgar commented that if the choice of Planning Com- missioners had been based upon dedicated service and conscientious- ness on the part of the people interviewed, it would have been impossible to make the selection. The fact that wieghed most importantly, however, was having a Planning Commission that was clearly committed to long range thinking and a degree of vision in terms of what they wanted Tustin to be in the future. He felt the people he and Councilman Sharp recommended represent different types of individuals from different groups within the City. Moved by Edgar, seconded by Sharp, that Council nominate George McHarris, Robert H. Hill, Patricia Sutcliff, Robert Schier, and Lowell Dukleth as Planning Commissioners. Carried unanimously. Councilman Sharp stated that he and Councilman Edgar would like to have more emphasis placed on the duties of the Planning Commission other than just the items that come to its attention via the staff. He felt that the Commission members, in working at their own discretion and the direction of the Council, should consider long range planning matters that have been overlooked in the past. He requested that the staff prepare a written chart for the Commission in this regard. Councilman Sharp also recommended that Council not overlook the resource pool available from those candidates not selected, as he felt their talent and motivation should be captured by member- ship on the TNT Committee to be re-established shortly or other official or unofficial organizations. Mayor Langley thanked Councilmen Sharp and Edgar for their out- standing job in interviewing and selecting the Planning Commission. Mayor Langley directed Mr. Gill to inform the new Planning Com- missioners of their appointments and of a workshop meeting with the Council at 6:00 p.m. on June 3; and to prepare a letter for his signature thanking the Other candidates and incorporating the thoughts of Mr. Edgar and Mr. Sharp. 2. 1974 BEACH BUS CONTRACT AND PROGRAM Mr. Gill briefly reviewed the Parks and Recreation report to Council and advised Council that the City would be varying the hours of operation somewhat from last year. Moved by Saltarelli, seconded by Welsh, that the 1974 beach bus program be approved and the Mayor and City Clerk be auth- orized to execute the necessary agreement. Carried unanimously. RECESS Mayor Langley declared a recess at 8:50 p.m., for the Council to review the plans of the Utt-Mitchell Park. CALL TO ORDER The meeting reconvened at 9:00 p.m. VII. CONSENT CALENDAR (Cont'd) 3. RESOLUTION NO. 74-35 A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF DEVELOPMENT IMPROVEMENTS AND LANDSCAPING OF THE UTT-MITCHELL PARK AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS. MOved by Welsh, seconded by Saltarelli, that Council approve Item 3, Resolution No. 74-35, of the Consent Calendar, as recormnended by the City Administrator. Carried unanimously. City Council Minutes 5/20/74 Page 6 XI. NEW BUSINESS NONE. XII. OTHER BUSINESS 1. DIAL-A-RIDE EXPANSION PLAN Mayor Langley expressed his thanks to Mr. Gill for preparing his letter of May 15, 1974, to Supervisor Clark. He advised Council that in talking with Supervisor Clark, he was advised that Mr. Clark is well aware of the City's problems, concerns and desires and is attempting to do evexything he can in advising the City as to the best method no take in resolving the problems concerning Dial-A-Ride. In answer to Councilman Saltarelli ' s ~questions, Mr. Gill advised Council that to carry the Dial-A-Ride program in the budget would be a decision of the Council. The operating cost for the system would be approximately $44,000 a year and under our present system it is about $31,000. The general operating hours of the Dial-A- Ride in La Habra is early morning to early evening. 2. JOINT FIRE COMMUNICATIONS CENTER Mr. Gill, in answer ~Q Mr. Edgar's question, advised that there are two,basic parts of the SATO 'fire system concept. The Cities of Santa Ana, Tustin, and Orange (SATO) are involved in first due response agreemenus ,. whereby ~he= services of each fire department in some-situations would be extended outside its city' s' corporate limits into-one~ ofl,the -other uwo cities. The second phase of the SATO concept ihvolved construction of a joint conununlcations center for the three cities. The City~ of Orange has since related that the joint communications center, would not be cost effective for Orange. Mr. Gill'~stated' that the center would still be ~iable for the Cities~of Santa Ana and Tustin. Moved by Saltarelli, seconded by Sharp, that the staff be auth- orized to continue to pursue this matter with Santa Ana and the County in order to develop the best plan possible. Carried unanimously. 3. FUNDS FOR BIKEWAYS AND PEDESTRIAN FACILITIES UNDER THE TRANSPORTATION DEVELOPMENT ACT OF 1971 Mr. Gill reviewed his written report, stating the outlines given in the report that indicated how these monies could be used. Moved by Saltarelli, seconded by Sharp that funds available from the Sta~e for pedestrian facilities be allocated to Phase I of the pedestrian overcrossing at Walnut and Red Hill, as recommended 5y the City Administrator. Carried. 4. CARLANN-PASADENA ANNEXATION NO. 84 In answer to Mr. Edgar's questions, Mr. Fleagle advised that Council had one year after LAFCO'S approval to hold the hearing and election on Annexation No. 84. Councilman Saltarelli commended the Chamber of Commerce in its efforts in presenting the case to LAFCO and the work they did regarding the Annexation. City Council Minutes 5/20/74 Page 7 5. COMMENDATION--FIRE DEPARTMENT Councilman Edgar commended the Fire Department on their open house on May 11, 1974. 6. ICC CORRESPONDENCE RE: FLOOD PLANNING Mr. Sharp advised Council he had received correspondence from the Intergovernmental Coordinating Council regarding flood planning analysis of Orange County, and had directed it to the~ Mayor and staff. He will bring this up at the next meeting after staff has had a chance to review correspondence. 7. STUDENT INTERNS Councilman Saltarelli advised Council he had forwarded corres- pondence to the other Councilmen regarding a student intern program for public administration students, and requested that they review the correspondence for comments at the next Council meeting. 8. UNIMPROVED ROADWAYS IN COUNTY ISLANDS Mayor Langley advised Council that he had received correspondence from Supervisor Clark with reference to roadways within County islands surrounded by the City of Tustin, and that he had advised him that the matter had been forwarded to the responsible people, who would respond with their findings. 9. ORANGE COUNTY INTELLIGENCE UNIT ~-~ Mayor Langley noted the responses of the Cities of Orange and Garden Grove regarding growth and funding of the Orange County Intelligence Unit. Mr. Gill stated that there are alternative possibilities for financing intelligence operations and recommended that the City Council take no action at present. XIV. ADJOURNMENT Mayor Langley adjourned the meeting to a joint City Council/ Planning Commission Workshop at 6:00 p.m. on June 3, 1974, and to the next regular meeting offJune 3, 1974, at 7:30 p.m. MAYOR ITY CLERK