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HomeMy WebLinkAboutCC MINUTES 1974 01 07 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL January 7, 1974 CALL TO ORDER The meeting was called to order at 7:35 p.m. by Mayor Saltarelli. II. PLEDGE OF ALLEGIANCE Led by Councilman Langley. III. INVOCATION Given by Councilman Welsh. IV. ROLL CALL Present: Councilmen: Saltarelli, Langley, Sharp, Welsh, Woodruff. Absent: Councilmen: None. Others present: City Administrator Harry Gill Asst. City Admin. Dan Blankenship Asst. City AcL~in. - Community Development Ken Fleagle City Attorney james Rourke City Clerk Ruth Poe Mayor Saltarelli announced that due to the anticipated length of the public hearings, Public Concerns would be taken out of order and heard at this time for the convenience of those in the audience. VI. PUBLIC CONCERNS 1. COUNCIL POLICY RE: COMMISSIONERS RUNNING FOR ELECTIVE OFFICE Mr. Richard Edgar, 13622 Loretta Drive, Tustin~ former member of the Planning Commission~ speaking as a private citizen, expressed agreement with the Council's policy of requesting resignation Of any City Commissioner filing nomination papers for elective office. In his own check of other cities in Orange County, he found that half of those contacted have ordinances or policies against having a ¢ormnissioner run for public office, which were adopted in reaction to problems of conflict of interest. Mr. Edgar expressed pleasure with having been able to serve the City on the Parks and Recreation Commission and the Planning Commission. ~. Richard Dombrow, 14928-0 Newport Avenues Tustin, member of the Planning Commission, opposed the Council's policy, stating that the goal of the Commissioner is to view and analyze data openly and honestly, and make decisions which are best for the people of Tustin. He felt that someone who may in time want to run for elective office may not accept a Commission appointment. Councilman Woodruff discarded the idea that the City Council may be displeased with the service of the Planning Commissioners who chose to run for Council; the record does not support this. The Council's main concern is that Commissioners running for office are faced with potential conflicts. Moved by Woodruff~ seconded by Langley that the terms of office of Richard Dombrow and Casper P. Hare on the Planning Commission be terminated effective immediately. Councilman Welsh noted that when this matter was introduced it was his impression that the action was intended to put practice into policy; actually it has not been a practice in the past for Commissioners to resign on running for office, and he was not convinced that this policy is in the best interests of the City. Moved by Welsh that the Council's policy on resignation of Com- missioners filing for elective office be rescinded. MOtion died for lack of second. Original motion carried by 4-1 vote, Councilman Welsh voting no. City Council Minutes 1/7/74 Page 2 PUBLIC HEARINGS 1. IRVINE INDUSTRIAL COMPLEX EIR An Environmental Impact Report for the purpose of evaluating the impact of a zone change to the Planned Community (Industrial-Con~nercial) District for a 315- acre complex bounded by the Santa Ana Freeway to the northeast, future alignment of Myford Road to the southeast, and future alignment of Jamboree Road to the northeast. Mr. Fleagle summarized background of this matter, stating that the Planning Commission, on December 10, 1973, after several continued public hearings, adopted Resolution No. 1367 (which Mr. Fleagle read in full), recommending to the City Council the adoption of the draft EIR~ as amended, with comments of interested individuals and agencies, staff review, and minutes of the Planning Commission relating to the testimony and find- ings of the EIR. He advised that acceptance of an EIR does not commit the Council to any subsequent action, but indicates only that the document adequately addresses the questions to be answered. Regarding Council discussion of taking testimony for Public Hearings No. 1 and No. 2 concurrently, and taking action on them separately, Mr. Fleagle explained that the Planning Commission had used that process and had found it difficult to separate the adequacy of the EIR from the justification of the zone change. Following further brief discussion, a consensus of the Council agreed to conduct the public hearings separately. The public portion of Hearing NO. 1 was opened at 8:00 p.m. There being no comments or objections from the public, it was moved by Sharp, seconded by Langley that the public por- tion of the hearing be closed. Carried unanimously. Moved by Sharp, rseconded by Welsh that the findings and recom- mendations of the Planning Commission, as contained in Resolution No. 1367, be approved, and that the Irvine Industrial Complex EIR be adopted as amended. Carried unanimously. 2. ZC 73-6 - IRVINE INDUSTRIAL COMPLEX A joint application of the City of Tustin Planning Commission and the Irvine Company for a zone change (ZC 73-6) from Planned Community (Residential) to Planned Community (Industrial-Commercial), for the property bounded by the Santa Aria Freeway, proposed Jamboree Road, future alignmentof Myford Road and the Marine Corps Air Station (Helicopter). Mr. Fleagle provided background of this application, stating that continued public hearings had been held by the Planning Commission on this zone change until December 10, 1973, for the purpose of resolving matters related to the EIR. Copies of the text of the PC (Industrial-Commercial) District Regula- tions were provided to the Council. The Tustin Chamber of Com- merce and the Tustin Unified School District have submitted resolutions endorsing the proposed industrial development. Testimony received by the Planning Commission indicated little public opposition to industrial zoning, but considerable con- cern for developmental controls and the impact on surrounding residential areas. On December 10, the Commission adopted Resolution No. 1382, recommending to the City CounCil the approval of the zone change with amendment of text and conditions of devel- opment that would assure the amenities of development and mitigate City Council Minutes 1/7/74 Page 3 against any adverse factors. For the benefit of the audience, Mr. Fleagle read from Resolution No. 1382 those provisions requiring posting of Walnut Avenue at Red Hill and at Browning prohibiting commercial vehicles over 6,000 pounds gross (to discourage truck traffic); ruling out the issuance of building permits for the area pending the property owner's completion of certain street improve_~ents (to assure that traffic serving the complex will enter from the Myford freeway interchange rather than from Walnut Avenue); and other conditions designed to guarantee against adverse impact. Mr. Fleagle then replied to Council's questions as to the location of a new Myford freeway interchange, explained the intent of the Planning Cormnission's condition #4, requiring construction of the Jamboree interchange prior to elimination of the present Myford interchange, and confirmed that in ten to twelve years there would be dual access to the complex, from Jamboree and from a new interchange easterly of the pre- sent Myford. The public portion of the hearing was opened at 8:15 p.m. Mr.Hardy Strozier, Administrator, General Planning Administra- tion, The Irvine Company, 550 Newport Center Drive, Newport Beach, stated that the Company's opposition to five of the eleven conditions in Resolution No. 1382 were as follows: a. Sixty-foot buffer area on east side of Jamboree. Detailed testimony was provided indicating that the same visual and sound attenuation capabilities can be 'aCcomplished at a distance of~fifty feet. b. Berm between Santa Ana Freeway and Moulton Parkway to be constructed prior to issuance of building permits. The property comprising the second phase of develol~nent (south of Walnut) will contain no construction and will continue in agricultural usage, The C6mpany recommends construction of berm in two phases corresponding with the development phases. c. Bicycle and pedestrian trails. The Irvine Company opposes requirement to maintain the trails as they will serve the entire Community, not just the industrial area. He reconnnended that part of the tax revenue from the industrial develot~nent be used for this pur- pose; and that the installation of the trail not be implemented Until it can. be joined to a trail system. d. Restriction ofr hours Of rail switching operations. This iS opposed because of other sound attenuation factors, including a distance of 1,000 feet between rail service and any residence, the landscaped berm, and the barriers provided by the industrial buildings themselves. e~ Restriction of building permits'when 90~ of projected traffic counts have been reached. The Irvine Company cannot control traffic generated from outside the devel- opraent from using the road system in the industrial area. Traffic from existing areas of Tustin or other areas, using the improved Myford interchange, could pos- sibly cause traffic volumes to exceed those projected, until the ultimate system, including the Jamboree inter- change, is developed. Mr. Ray Kimmey, Irvine Industrial Complex, replied to Council's questions about development timing, stating that this would City Council Minutes 1/7/74 Page 4 involve a two to three year marketing period, with six to seven years for ultimate building coverage on the land; and to questions about freeway interchanges and access to the industrial area. Mr. James Kinder, 1941 Hampshire Road, Tustin, Chairman, Citizens for Quality Living, questioned the Irvine Company's late Opposition to several of the conditions, which their representatives and those of the Irvine Industrial Complex had accepted at the P~anning Commission meeting. He ex- plained how the Planning Commission had merely expanded on previous commitments of the Irvine Company, and questioned whether there might be a problem now with getting the berm constructed the full length of the complex. Councilman Woodruff explained that conditions for public improvements are bonded 150%, so the City does have guaran- tees of their completion. Mr. Kinder asked for Council support of the Planning Corm~is- sion and citizens, based on their many hours of work and study; cited the advantages of industrial zoning over resi- dential; and requested installation of stop signs and a lower speed limit on Walnut, as well as a crossing guard at the elementary school. Fir. Richard Dombrow, 14928-O Newport Avenue, Tustin, explained the Planning Commission's position on the following items: a. The buffer area was increased from fifty to sixty feet, not mainly for sound attenuation benefits, but ro accom- modate a meandering bicycle trail. b. Construction of the berm at one time along the entire length of the development was desired ~o keep heavy construction noise and dust outof surrounding resi- dential areas. Early construction and'landscaping of the berm would allow trees to mature sufficiently to provide good screening and improved sound attenuation on completion of the development. c. Hours of railroad switching were limited to prevent vehicular congestion on Walnut during peak traffic hours, as well as to limit noise. d. Questioning the validity of the Irvine Company's traffic projections, the 90% traffic count condition was applied, pending completion of the Jamboree interchange. Mr. Dombrow doubted that the Irvine Company had no control over traffic generating from other areas, because of the extent of'their holdings. e. The bicycle trail was designed because of the lack of parks in the development area. The trail would extend between the Santa Ana Freeway and Moulton Parkway, and would abut residential, and would therefore be used. Regarding maintenance, the Irvine Industrial Complex would be legally obligated to maintain the berm, so the maintenance of the bike trail would be no added burden. Mayor Saltarelli felt that the Council should retain the authority to impose these conditions at any time, at their discretion. Mr. Stephen L. Schuster, President, Tustin Chamber of Commerce, 215 West First Street, Tustin, mentioned ~the Chamber's Resolu- tion No. 73-3, endorsing the zone change to industriall and City Council Minutes 1/7/74 Page 5 said that their Industrial Development Committee has studied the issue and they and the Board of Directors had interviewed the individuals involved, and have concluded that industrial would be the best use of the area. Mr. Richard Edgar, 13622 Loretta Drive, Tustin, supported the industrial usage basedon the ratio of industrial land to popu- lation, and the projection of the number of jobs that would be supplied by the complex. Mr. John Cummings, 14711 Alder Lane, Tustin, spoke Of the loss of Tustin's "charm", brought about by zoning, such as on 17th Street, and said that Tustin has sufficient industrial on Red Hill. He was concerned with traffic on Walnut and favored con- struction being held in abeyance pendin~ resolution of the Jamboree interchange matter. There being no further comments or objections, it was moved by Woodruff, seconded by Langley that the public portion of the hearing be closed. Carried unanimously. (9:10 p.m.) RECESS Mayor Saltarelli called a recess at 9:10 p.m. CALL TO ORDER The meeting reconvened at 9:22 p.m. Mayor Saltarelli discussed pedestrian safety aspects and impact of traffic on Red Hill Avenue, and suggested that if the zone change is approved, the safety of school children be assured, by means of a pedestrian overcrossing at Red Hill and Sycamore and at Walnut and Browning, projected to cost $50,000 each. Mr. Fleagle replied to Councilman Woodruff's questions by explaining that the buffer would be a total of 60 feet from the face of the curb to the sethack, consisting of a nine- foot parkway in public right-of-way from the curbline, and then 51 feet easterly of the public right-of-way. The nine feet is standard in public right-of-way for a 120-foot artery, and is used for utility easements. The proposed width of the bike trails is four to seven feet, and this would be paved. Councilman Woodruff felt that the ten feet would not make that much difference in sound attenuation, and that if installation of bike lanes is conditioned on maintenance by the developer, it would be appropriate to include them within the total landscape requirements, not in public right-of-way. Since there Will be no access to industrial buildings from Jamboree, and there is no need for a sidewalk, he.suggested a condition for future installation of a bike trail, bonded~ to insure implementation at such time as the City has a bike trail system. Mr. Woodruff also favored construction of the berm for the full length of the com- plex because the buildings will not be up south of Walnut to buffer the sound of railroad operations serving development in the northern portion. He supported the limitation of hours of rail switching, but was dubious about the restriction on build- ing permits upon reaching 90% of projected traffic counts on Walnut. Mayor Saltarelli strongly favored the Council retaining authority to use the conditions approved by the Planning Cor~aission, and suggested making some of them conditions of the tentative tract map, or the final tract maps. He again proposed pedestrian overcrossings at Red Hill and Sycamore and at Walnut and Browning as a condition of the zone change approval, and proposed that the staff be directed to negotiate with the Irvine Company toward an agreement to provide immediate construction of these. Councilman Sharp commented on ways in which industrial use of this area would be superior to the originally zoned residential, not only because of diminished negative impact on adjacent resi- City Council Minutes 1/7/74 Page 6 dential, better controls, and less Vehicular traffic than residential would have generated, but also because of its contribution to an economically balanced City, as discussed by Mr. Edgar, and elimination of possible dangers inherent in locating residential in close proximity to the air corridor. He considered a berm valuable in helping to buffer the rail spur, and agreed with Mayor Saltarelli on the need for pedestrian overcrossings at locations cited. Mayor Saltarelli commented that the Irvine Industrial Complex is the premier industrial area in the world, and the City has nothing to fear from an aesthetic standpoint, as long as the complex maintains the same building standards. The complex will also provide a buffer between Tustin's residential areas and the environmental corridor of Irvine, and he saw benefits in Tustin citizens spending their m~ney in Tustin. Following further brief discussion, it was moved by Welsh, seconded by Sharp, that the findings and recommendations of the Planning Commission, as contained in Resolution No. 1382, be affirmed, and that the City Attorne~ be directed to prepare the necessary ordinance, and that the .staff be directed to work with the Irvine Company in the preparation of an agree- ment to provide for the physical safety of pedestrian traffic (which could be an overpass or such other means as the Irvine Company would agree to cooperate with the Cit~ in developing), with conditions of the zone change to be implemented at Council discretion in con~uncti0n with the approval of tract maps and incremental plans for the subject area. Moved by Woodruff, seconded by Langley that the above motion be amended by amending condition #11 of Planning Commission Resolution NO. 1382, to reduce the building setback area from 51 feet to 46 feet. In response to an inquiry by Mr. Dombrow, the City Council discussed the intent of the first motion as related to the dis- cretionary powers of the Council in requiring implementation of the conditions, with Mayor Saltarelli stating that his intent was to maintain flexibility so that any of them would be a matter of the Council's discretion at the time of approval of tract maps, while Mr. Welsh maintained that his intention in making the motion was that only the new condition, pedestrian overpasses, would be discretionary. Councilman Woodruff, referring to condition #8 regarding maintenance of the bike trails and open areas, etc., stated that the matter of that responsibility is a separate issue from that of the improvements being made at all. Mayor Saltarelli felt that there was no precedent for the property owner to maintain the trails if they are part of a master plan of bicycle trails. Mr. Fleagle advised that anything in public right-of-way adjacent to private property is the responsibility of the property owner to maintain, and what improvements are to be constructed, at whatever time, is up to the Council to decide once precise development plans are submitted. Motion to amend original motion by amendment of condition #11 of Planning Commission ResolUtion No. 1382 was carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Welsh, Woodruff. Noes: none. Absent: none. City Council Minutes 1/7/74 Page 7 Moved by Woodruff, seconded by Saltarelli that the original motion be amended to add substitute condition #8, to read as follows: "City resezves the right to require the improvement of the public right-of-way along Jamboree by installation of a bicycle trail."; and with former condition #8 becoming condition #8-A, modified to read as follows: "Those areas designated by the site development plan or map for common open space, bicycle trails, and/or park areas shall be improved by the Irvine industrial Complex." Carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Welsh, Woodruff. Noes: none. Absent: none. In reply to questioning by Councilman Woodruff, Mr. Kimmey said that one tentative tract map, and two separate final tract maps, will be submitted, and clarified that it will be five to eight years before the land is completely absorbed in buildings and the type of employment is generated that would relate to projected traffic volumes. Moved by Woodruff, seconded by Welsh that the original motion be amended to provide for submittal of two separate tentative maps, one for the area north of Walnut and one for the area south of Walnut. Councilman Woodruff stated his objections to condition #5 (regard- ing 90% of traffic volume projection), and said that two separate maps would give theI.Council the opportunity to look at the effect of the completed first section and have a better idea by the time the second tentative came in of whether the agreement on pedestrian overcrossings would be obtained. Mayor Saltarelli was opposed to removing any of the flexibility afforded by condition #5until such time as the staff had come back with the ordinance and an agreement with the Irvine Company on financing and construction of the overcrossings. Councilman Welsh stated his concern about the impact of vehicular traffic regardless of the construction of pedestrian overcrossings. Above motion to require submittal of two separate tentative tract maps was withdrawn. Original motion, as amended by modifications in conditions 8, 8-A, and 11 of Planning Con~aission Resolution No. 1382, was carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Welsh, Woodruff. Noes: none. Absent: none. VI. PUBLIC ~.~ CONCERNS (Taken out of order. See pages 1 and 9.) VII. CONSENT CALENDAR 1. APPROVAL OF MINUTES -December 17, 1973, meeting. 2. RATIFICATION OF DEMANDS in amount of $333,554.63. 3. MISCELLANEOUS SIDEWALK AND CURB REPAIR CONTRACT Acceptance of work and authorization of payment of $3,498.63 to Cal-Slate Concrete and assuming no liens are filed within 35 days, payment of the final 10% ($1,104.12) at that time --all as recommended by the City Engineer. City Council Minutes 1/7/74 Page 8 Moved ;by Langley, seconded by Sharp, that= all items on the Consent Calendar be approved. ~ Carried unanimously. VIII. ORDINANCES FOR ADOPTION 1. ORDINANCE NO. 603 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO PAWNBROKERS, SECONDHAND DEALERS AND TELEVISION REPAIRMEN. 2. ORDINANCE NO. 604 An Ordinance of the City of Tustin, California, PREZONING PROPERTY ON APPLICATION NO. PZ 73-2 AND APPROVING CONCEP- TUAL DEVELOPMENT PLANS. Site consists of 2.13 acres on southwesterly corner of San Juan and Browning. 3. ORDINANCE NO. 605 An Ordinance of the City Of Tustin, California, REZONING PROPERTY ON APPLICATION NO. ZC 73-7. Site is located on the northeasterly intersection of Utt Drive and Mitchell Avenue. 4. ORDINANCE NO. 606 An Ordinance of the City of Tustin, California, ADOPTING THE TUSTIN PLAZA SPECIFIC PLAN NO. 4. Subject parcel has a frontage of approxiamtely 315 feet on the north side of Irvine Boulevard and lies between the Southern Pacific Railroad right-of-way and Holt Avenue. On direction by the Mayor, the secretary read Ordinances 603, 604, 605, and 606 by title. Moved by Sharp, seconded by Welsh that further reading be waived and that Ordinances 603, 604, 605, and 606 be adopted. Carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Welsh, Woodruff. Noes: none. Absent: none. Abstained: Woodruff (on Ordinance No. 604 only). NEW BUSINESS 1. AGREEMENT WITH CHAMBER OF COMMERCE FOR 1973-74 (Taken out of order) Mr. Stephen L. Schuster., President, Tustin Chamber of Commerce, 215 West First Street, Tustin, addressed the Council requesting that no change be made in the existing agreement. Following Mr. Saltarelli's comments in favor of a token cut in the interests of the Chamber's self-sufficiency, and Mr. Schuster's summary of new activity ideas which should be insti- tuted within the next few months to improve the Chamber's financial picture, it was moved by Langley, seconded by Welsh that the agreement with the Chamber of Conunerce remain unchanged for the remainder of the 1973-74 fiscal year. Moved by Saltarelli, seconded by Woodruff that the agreement with the Chamber of Commerce be amended to provide for a reduc- tion of $33.33 per month in theCity~s contribution. Motion failed by roll call vote. Ayes: Saltarelli, Woodruff. Noes: Langley, Sharp, Welsh, Original motion carried unanimously. City Council Minutes 1/7/74 Page 9 PUBLIC CONCERNS Mayor Saltarelli reopened the Public Concerns portion of the agenda, with Council consent, to accommodate those who had not had a previous opportunity to address the Council. 2. SPEED CONTROLS ON WALNUT Mr. James Kinder asked the Council to consider installation of three more stop signs on Walnut to slow traffic speeds, and a reduction of the posted speed limit. Mr. Kinder was advised that certain State-imposed warrants must be met before these measures can be implemented; the situation has been and will continue to be monitored by the Engineering Department until increased traffic counts enable steps to be taken on Walnut. 3. SIGN ORDINANCE Mr. James Kinder commented on the poor appearance of certain signs in Tustin and hoped that the new sign ordinance would be effective in having them improved. Mayor Saltarelli said that a date for public hearing of the new sign ordinance would be set later in this meeting, and invited any concerned individuals to attend that hearing. 4. STATUS OF PLANNING COMMISSION Mr. James Kinder expressed concern abut the status of the Plan- ning Commission as affected by an ordinance to be considered later in this meeting. Mayor Saltarelli advised him that Ordinance No. 608 would effect a temporary assumption of the Planning Commission's duties by the City Council, and does not constitute a permanent elimination of the Commission. IX. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 607 An Ordinance of the City of Tustin, California, ADDING CHAPTER 6A TO THE TUSTIN CITY CODE RELATING TO REQUIRED CONSUMER PROTECTION IN CONNECTION WITH RESIDENTIAL SALES. Moved by Woodruff, seconded by Sharp that Ordinance NO. 607 have first reading by title only. Carried unanimously. The secretary read Ordinance No. 607 by title. Moved by Woodruff, seconded by Sharp that Ordinance No. 607 be introduced. Following discussion, it was moved by Langley, seconded by Sharp, that introduction of this Ordinance No. 607 be continued to the next regular meeting, to allow input from the East Orange County Board of Realtors and from a city having a similar ordinance. Carried unanimously. 2. ORDINANCE NO. 608 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO REPEAL ARTICLE III OF CHAPTER 2 OF THE TUSTIN CITY CODE AND TO ASSUME THE POWERS AND DUTIES OF THE PLANNING COMMISSION BY THE CITY COUNCIL. Moved by Woodruff, seconded by Sharp that Ordinance No. 608 have first reading by title only. Carried unanimously. City Council Minutes 1/7/74 Page t0 The secretary read Ordinance NO. 608 by title. i Moved by Woodruff, seconded by Langley that Ordinance No. 608 be ,introduced. Carried unanimously. Moved by Woodruff, seconded by Langley that Ordinance No. 608 have second reading by title only. Carried unanimously. The secretary read Ordinance No. 608 by title. Moved by Woodruff, seconded by Langley that Ordinance No. 608 be adopted as an urgency measure to go into effect imediately. Carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Welsh, Woodruff. Noes: none~ Absent: none. 3. ORDINANCE NO. 609 An Ordinance of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO COMPENSATION. Moved by Woodruff, seconded by Sharp that Ordinance No. 609 have first reading by title only. Carried unanimously. The secretary read Ordinance NO. 609 by title. Moved by Sharp, seconded by Langle~x that Ordinance No. 609 be introduced. Carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Woodruff. Noes: Welsh. Absent: none. 4. ORDINANCE NO. 610 An Ordinance of the City Council, City of Tustin, Calif- ornia, AMENDING THE TUSTIN CITY CODE RELATIVE TO PLANNING COMMISSIONERS WHO HAVE FILED NOMINATION PAPERS FOR CITY COUNCILMAN. Moved by Woodruff, seconded by Sharp that Ordinance No. 610, as amended by deletion of Paragraph 3 relating to urgency enactment, have first reading by title only. Carried unani- mously. Ordinance No. 610 was read by title by the secretary. Moved by Langley, seconded by Woodruff that Ordinance No. 610, as amended, be introduced. Carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Woodruff. Noes: Welsh. Absent: none. X. RESOLUTIONS 1. RESOLUTION NO. 74-1 A Resolution of the City Council of the City of Tustin, .California, PETITIONING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CANCEL TAXES. 2. RESOLUTION NO. 74-2 A Resolution Of the City Council of the City of Tustin, California, DECLARING ITS INTENTION TO ABANDON AN EASEMENT. (Lot 8, Tract No. 7924) At the Mayor's request, the secretary read the titles to Resolu- tions 74-1 and 74-2. Moved by Langley, seconded by Welsh, that further reading be waived and that Resolutions 74-1 and 74-2 be passed and adopted. Carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Welsh, Woodruff. Noes: none. Absent: none. City Council Minutes 1/7/74 Page 11 XI. OLD BUSINESS 1. CIVIC CENTER TELEPHONE SYSTEM (Continued from 12/3 and 12/17/73) Mr, Gill stated that the latest matrix had been presented of the firms proposing to supply telephone service to the new Civic Center (Pacific Telephone, Stromberg-Carlson, and Panoramic Audio). The COuncil determined at the last meeting that the City would utilize a PBX rather than a Centrex system. Mr. Blankenship and Mr. M.E. PetersOn of Burton/SouthWestern Telecommunications, consultants, replied to the Council's ques- tions On specific areas of the bid summary, clarifying costs of such features as insurance, replacements and maintenance. The private systems would involve a cost of about $300 per month, versus $1,312 per month for Pacific Telephone's system. If the private system is paid for over the first ten years, the City's cost would then be only approximately $3.,'000 per year for interconnect, trunks and maintenance, compared to $16,000 per year for Pacific Tetephone's monthly lease charges after an initial installation charge of $7,442. Mayor Saltarelli noted that if the City pays the cash price for the private system, plus installation and tax, there would be no monthly charge other than the $300, for a total of about $3,800 a year. Through Pacific Telephone, the City would be paying installation fees, and $1,312 per month, which amounts to $314,880 over a 20-year period. This compares to $76,000 over a 20-year period for the private system, if purchased out- right. This would save the taxpayers a total of about $250,000. Replying to COuncitmen's questions, Mr. Peterson said that the only change in price for the private systemwould be of a cost of living nature, which would enter into any maintenance agree- ment. The basic question of whether the interconnect industry itself can survive must be considered, and the size of the industry today indicates that it will. Even if one company goes out of business, other companies will bid competitively on the maintenance contract, and this is assurance that the cost will not skyrocket. Mr. Peterson said that he has experi- enced no difficulty in finding other firms willing to assume maintenance contracts. With regard to General Telephone, its equipment supplier, Automatic Electric, will install a system on either a lease basis or an interconnect basis in General or Pacific Telephone areas; the system is then maintained by General Telephone. COuncilman Woodruff stated that he had concluded that going to a private system will enable the City to realize a great finan- cial gain over the years. He felt that the best evidence that the industry will not fail is the fact that Bell Telephone has apparently realized that they have a serious private competitor, and is fighting back, to the consumers' ultimate benefit. Mr. Ron Carr, 13562 Farmington Road, Tustin, informed the City Council that the City's biggest problem in going to a private system will be maintenance, and questioned the $300/month figure. He asked whether the maintenance contract would provide for maintenance of emergency telephone equipment 24 hours a day, and commented on fire insurance ratings being related to dependable emergency telephone service. Mr. Gill said that the City contracts With~SATO for fire dis- patching services, and all calls go into Santa Ana directly and will not be involved with this telephone system. Also, fire insurance ratings are not predicated on telephone systems. City Council Minutes 1/7/74 Page 12 Mr. George Wortley, 19062 Mesa Drive, Villa Park, representing Panoramic Audio, stated that there are a number of municipalities, counties, state and federal offices using private systems. The system being recommended for the City, being solid state and simplistically designed, can be maintained by anyone either tech- nically trained or having a background in electronics. His com- pany has provided consistent service for almost 18 years, and has enough systems maintenance contracts now for the company to exist as a service organization alone, without being involved in selling at all. In reply to Councilman Woodruff's question, Mr. Wortley stated that the company would enter into a long- range (10 to 20 years) contract for maintenance at a fixed rate plus cost of living increases. Moved by Woodruff, seconded by Sharp that the City award the bid for installation of the Civic Center telephone system to either of two private vendors, Stromberg-Carlson or Panoramic Audio, and that the staff obtain and present to the City Council at the next meeting the proposed purchase agreement or alternate lease agree- ment and the maintenance contracts. Carried by roll call vote. Ayes: Saltarelli, Langley, Sharp, Woodruff. NOes: Welsh. Absent: none. 2. PARKS AND RECREATION COMMISSION APPOINTMENTS (Continued from December 17, 1973) Moved by Welsh, seconded by Langley that Mary C. Hernandez, Linda Smith, and Thomas G. Tallman be reappointed to the Parks and Recreation Commission, for terms ending December 31, 1975. Carried unanimously. (Selection of a teen member of the Commission deferred to the next meeting. ) XII. NEW BUSINESS 1. AGREEMENT WITH CHAMBER OF COMMERCE FOR 1973-74 (This item was taken out of order. See page 8. ) 2. CRITICAL STREET MAINTENANCE REQUIREMENTS Mr. Gill referred to the December 18, 1973, memo from the City Engineer requesting supplementary 1973-74 budget funds for street repair and traffic striping and signing, as a stopgap measure prior to July 1, 1974, to maintain certain areas in major arterials and highly travelled residential streets in a driveable condition. Moved by Saltarelli, seconded by Welsh that the transfer of $21,000 from the General Fund to the appropriate accounts in Public Works Maintenance be approved, as being essential services. Carried unanimously. 3. GRADING OF CORPORATION YARD SITE Moved by Welsh, seconded by Woodruff that the staff be authorized to ask for informal bids to have the entire corporation yard site on Red Hill graded to its ultimate plan. Carried unanimously. 4. AWARD OF BID - USED NEWSPRINT PURCHASE The City Council had received a list of proposals submitted from newsprint dealers, which were as follows: City Council Minutes 1/7/74 Page 13 a) Alpha Recycling, Huntington Beach: Provide roll-off units in City maintenance yard for col- lection of newsprint to be picked up when full (10 tons). Prices per month: Loose sorted: Under 20 tons .... $22.00 per ton 20-60 tons ..... 27.00 per ton ..~ Over 60 tons 29.50 per ton ~ Loose unsorted: Under 20 tons . . . $19.00 per ton ~ 20-60 tons . . . 24.00 per ton Over 60 tons . . 25.60 per ton Minimum price floor for the~ first year $15.00 per ton for sorted and $12.00 per ton for unsorted. b) Viejo Paper Fibers, Santa Ana Provide roll-off unit in City yard for collection of news- print to be picked up when full (10 tons). Prices follow: Loose sorted: $32.00 per ton (no minimum tonnage) Loose unsorted: $27.00 per ton (no minimum tonnage) Guaranteed minimum price floor of $22.00 per ton for a three-year period. c) Golden West Paper Fiber Provide container in City yard for collection of newsprint. Prices as follows: Loose sorted: $30.00 per ton (no minimum tonnage) Loose unsorted: $22.00 per ton (no minimum tonnage) Moved by Langley, seconded by Welsh that the City accept the proposal of Vie~o Paper Fibers Of Santa Ana, and authorize the s~aff to prepare contracts for signatures. Carried unanimously. 5. AWARD OF BID - INSTALLATION OF CONDUIT FOR MEDIAN ISLANDS ALONG FIRST STREET Bids received were as follows: Russco Construction, Inc., Hawaiian Gardens . $ 9,976.00 Zapata Constructors, Inc., Paramount .... 14,784.14 Pacific Engineers, Newport Beach ....... 18,150.00 United M Construction Co., Garden Grove . . . 19,930.00 Moved by Langley, seconded by Welsh that contract for installa- tion of conduit for median islands along First Street be awarded to the low bidder, RussCo Construction, Inc., in the amount of $9,976.00. Carried unanimously. XIII. OTHER BUSINESS 1. SPECIAL CENSUS 1973; VACANCY REPORT No action required. 2. ADOPTION OF BUILDING CODES AND FIRE CODE No action required. 3. NICKEL BUS It was the consensus of the Council that~he Nickel Bus program be continued for the next three months (from January 15, 1974). Mr. Gill reported that staff is seeking additional financing for the program, and has been in contact with the Orange County Transit District abut this. 4. STOP SIGN, FIRST STREET Councilman Welsh proposed the removal of the stop signs at First and White Sands, as they appear to have accomplished their purpose, City Council Minutes 1/7/74 Page 14 reduction of speeds and through traffic. It was requested that this matter be agendized for the next regular Council meeting. 5. TRUCK PARKING In response to Councilman Langley's inquiry, Mr. Rourke said that he had received a memo from the Chief of Police concerning parking of trucks within the City, and said that he is consider- ing amending ordinances to allow more frequent citing than once ,. a day, and a proposal for certain posting at the City limits. 6. REAL ESTATE SIGNS Mr. Langley cited the continuing problem of illegal real estate open house signs, stating that they are now being attached to existing poles for stop signs and speed limit signs. He requested continued enforcement. 7. HOLTHE REQUEST FOR RATE INCREASE Mr. Blankenship said that he had been in contact with Holthe Disposal Service about their letter requesting an increase in rates, and would be formulating a recommendation by the next Council meeting. 8. WORKSHOP ON S. B. 716 Mr. Woodruff announced that there would be a notice forthcoming about a workshop Sponsored by the Orange County Division of the League of California Cities on S. B, 716, the Conflict of Interest Bill, scheduled for Saturday, January 26, 1974, at the County Courthouse in Santa Ana. He requested that copies of the notice be forwarded by the staff to Council candidates. 9. LEAGUE POSITIONS ON STATEWIDE MATTERS Mayor Saltarellireferred to the City of Costa Mesa's resolution recommending that the State League not take positions on certain issues without polling cities first; he favored Tustin supporting this in regard to policy positions on ballot issues of Statewide concern. Mr. Gill suggested that this type of issue should go through the Orange County Division of the League, and then on to the League in Sacramento to be considered at their annual conference in October. 10. SIGN CODE HEAPJNG It was the consensus of the Council that the City Council, sitting as Planning Agency, would meet the following Monday evening, January 14, 1974, at 7:30 p.m. in the Council Chambers, as adver- tised, for the purpose of conducting a public hearing on the revised Sign Ordinance. 11. LANDSCAPING, FIRE STATION NO. 2 Mayor Saltarelli said that he had received many favorable com- ments on the appearance of the landscaping at Fire Station No. 2. 12. SPHERE OF INFLUENCE With the consent of the Council, Mayor Saltarelli requested that matters relating to Tustin's sphere of influence be agendized XIV. at the next regular meeting of the City Council' ADJOURNMENT Moved by Woodruff, seconded by Sharp that the meeting be adjourned. Carried unanimously. (12:42 a.m.) , YoR